The Modern Idea of the State

Inhaltsverzeichnis

• 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 Régime.
• X. Montesquieu’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. Rousseau’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 theMajority 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.