General Theory of Law and State

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Description
As the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law"-within which the study of international law was his special field of work. The present volume, General Theory of Law and State, first published in 1945, allowed Kelsen to adjust his pure theory of law to Ameri- can circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume, at over 400 pages in length, is divided into two parts: the first devoted to law, the second to the state. Together these two related topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence up to that time.
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Table of Contents
Part I The Law
Chapter 1. The Concept of Law
Chapter 2. The Sanction
Chapter 3. The Delict
Chapter 4. The Legal Duty
Chapter 5. The Legal Responsibility
Chapter 6. The Legal Right
Chapter 7. Competence (Legal Capacity)
Chapter 8. Imputation (Imputability)
Chapter 9. The Legal Person
Chapter 10. The Legal Order
Chapter 11. The Hierarchy of the Norms
Chapter 12. Normative and Sociological Jurisprudence
Part II The State
Chapter 1. The Law and the State
Chapter 2. The Elements of the State
Chapter 3. The Separation of Powers
Chapter 4. Forms of Government : Democracy and Autocracy
Chapter 5. Forms of Organization : Centralization and Decentralization
Chapter 6. National and International Law
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Author Details
Hans Kelsen was born to a German-speaking Jewish family on October 11, 1881 in Prague, in the Austrian part of the Austro - Hungarian Empire. His father was a mill owner, a circumstance that placed Kelsen's family in the middle class, thus providing him, as the eldest son, with a top-quality education. In 1883, when he was three years old, Kelsen's family moved to Vienna, where he attended the Academisches Gymnasium. Later, as a stu- dent at the University of Vienna, Kelsen was initially interested in studying philosophy-a discipline with which he had a lifelong fascination-but given the practical considerations of making a living, he reluctantly decided to study law.