General theory of lawPDF电子书下载

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INTRODUCTORY CHAPTER 1

Section 1.&Necessity for Generalized Knowledge 1

Encyclopedism and philosophic generalization, 3

Special need of generalized science in the study of law, 5

Section 2.&Encyclopedia of Law 9

Meaning of word encyclopedia, 9

Beginnings of encyclopedia of law, 10

Encyclopedia in 17th and 18th centuries, 11

Insufficiency of encyclopedia as brief outline of special sciences, 12

Hegel's and Schel-ling's views, 13

Encyclopedia in first half of 19th century, 15

Latest German encyclopedia of law, 17

Russian juridical encyclopedia, 20

Encyclopedia in other literatures, 22

Section 3.&Philosophy of Law 23

Philosophy as science of extremest generalization, 23

Teaching natural law, 24

Most recent philosophy of law, 28

Insufficiency of philosophy as special science of the highest generality, 29

Section 4.&General Theory of Law 31

General theory and philosophy, 31

Views of Schutze, 32

Identifying general science with encyclopedia, 34

Views of Zveriov, 34

Miiller's definition of the general purpose in teaching law, 36

Post's definition, 37

General tendencies of Russian legal encyclopedia towards a general theory of law, 38

BOOK Ⅰ CONCEPTIONS OP LAW 40

CHAPTER I.Definition of Law 40

Section 5.&Technical and Ethical Norms 41

Technical and ehical norms, 42

Their differences, how material and how formed 43

Relativity of obligation of technical norms and absoluteness of ethical ones, 44

Difference in content of these and other norms, 45

Section 6.&Juridical Norms and Moral Norms 47

Moral norms, rules for evaluing interests 48

Subjectivity of moral valuations 49

Two possible types of co-ordinated interests 51

Legal rules as norms for limiting interests 52

Difference between moral and legal rules 53

Section 7.&Relationship of Law and Morals 55

Opposition of law and morals, 55.Their mutual connection 58

Hegel's and Ahrens' views 60

Jellinek's and Wallaschek's views 61

Necessary correlation of law and morals 63

Section 8.&"Law" in the Legal and in the Scientific Sense 65

Notion of law in the scientific sense 65

Do legal rules fill the place of laws of nature 67

Whether juridical norms represent the popular conception of natural laws 68

Correlation of legal rules and natural laws 70

Section 9.&Relativity of Law 72

Relativity of laws as phenomena 73

Gradual recognition of the relativity of laws 75

Importance of such recognition 77

CHAPTERⅡ.Leading Different Conceptions of Law 79

Section 10.&The Definition of Law by What it Embraces 79

Capital differences between definitions of law 79

Causes of variances in the contents of law 80

Leading different definitions of law by its contents 81

Definition of law as norms of freedom 82

Its connection with individualism 83

Section 11.&Definition of Law by its Source 86

Causes for the popularity of such definitions 86

Definition of legal norm as commands of governmental power 90

Criticism of this definition 91

Definition of legal rules as social norms 92

Section 12.&Definition of Law as Coercive Norms 94

Connection of this definition with dualistic world concepts 94

Objections against the possibility of such a definition 96

Impossibility of a purely coercive basis.Necessity of popular assent 97

Psychical coercion 101

Importance of coercion with regard to law 102

Section 13.&Formal and Utilitarian Conceptions 104

Historical and theoretical basis for the formal theory of law 104

Reaction against this theory on the part of 105

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