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AuthorKrabbe, H. author
TitleThe Modern Idea of the State [electronic resource] / by H. Krabbe
ImprintDordrecht : Springer Netherlands, 1921
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Descript LXXXIII, 281 p. online resource


The Modern Idea of the State -- I The Authority of the State and the Authority of Law -- I. The Opposition between the Old and the New Idea of the State -- II. The Rise of the Modern Idea of the State -- III. The Significance of the Modern Idea of the State -- II The Authority of the Sovereign and the Authority of the Law in History -- I. The State Originally a Community founded on Law -- II. The Rise of the Authority of the Sovereign -- III. Ancient Political Theory as a Theory of the Legal Order of the Community -- IV. The Political Theory of the Middle Ages as a Theory of Sovereignty -- V. The Meaning of the Contract with the Sovereign and of the Social Contract under Absolutism -- VI. The Relation between the Sovereign Authority and the Organization of the Community in Grotius and Others -- VII. Political Theory as Exclusively a Theory of the Sovereign Authority -- VIII. The Relation between Sovereign Authority and the Organization of the Community in England -- IX. The German Philosophy of the State under the Ancien Rรฉgime -- X. Montesquieuโ{128}{153}s Separation of Powers: A Product of Political Theory as a Theory of Sovereign Authority -- XI. The Theory of State Sovereignty in the Eighteenth Century -- XII. Rousseauโ{128}{153}s Popular Sovereignty -- XIII. The Rise of the Modern Idea of the State under the Constitutional System -- XIV. The Supplanting of the Authority of the Sovereign by the Authority of the Law -- III The Basis of the Binding Force of Law -- I. The Concept of the Sovereignty of Law -- II. The Authority of Law as the Rulership of Will -- III. Criticism of the Rulership of Will -- IV. The Conditions for the Validity of Law -- V. The Basis of Legal Rules -- VI. Objections to the Theory -- VII. Law as the Rule of a Community -- VIII. Majority Rule -- IX. Criticism of Objections to the Majority Principle -- X. The Individual Sense of Right -- XI. The Quality of the Sense of Right -- XII. The Making of Statutory Law -- XIII. Legislation as the Operation of an Organized Sense of Right -- XIV. Unwritten Law -- XV. Strengthening the Authority of Law -- IV The Making of Law -- I. Law-making as an Intellectual Process -- II. The Influence of Codification -- III. The Revolution in Criminal Law -- IV. The Revolution in Private Law -- V. The Influence upon Judicial Decisions -- VI. The Idea of Sovereignty and Constitutional Law -- VII. The Idea of Sovereignty in Administrative Law -- VIII. The Hybrid Character of the Systems of Constitutional and Administrative Law -- IX. The Logical Consequences of the Old and New Political Theories -- V Interests and the Sense of Right -- I. Knowledge of Interests and Impartiality -- II. The Platonic Ideal -- III. Monarchy -- IV. The Intellect -- V. The Balance of Interests -- VI. The Solution of the Conflict -- VI Decentralization of Law-Making -- I. Decentralization Based upon Community of Interest -- II. Transforming Organized Interests into Legal Communities -- III. The Lack of Legislative Organs -- VII The Sources of Law -- VIII The Development of Law -- I. The Historical Process -- II. Intellectualism -- III. The Emotional Life -- IX The State -- I. The Old Theory of the State -- II. Criticism -- III. The Modern Theory of the State -- IV. The State as a Community of Interests -- V. Origin of the State as a Community of Interests -- VI. Origin of the State as a Legal Community -- VII. The Organization of the Community of Interests -- X The International Legal Community -- I. The Authority of International Law -- II. The Content of International Law -- III. The Creation of International Law

Law Political science Law -- Philosophy Constitutional law Law Theories of Law Philosophy of Law Legal History Political Science Constitutional Law


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