《西学基本经典·法学类 纯粹法学理论 英文》求取 ⇩

Ⅰ.LAW AND NATURE1

1.The "Pure" Theory1

2.The Act and Its Legal Meaning2

3.The Subjective and Objective Meanings of the Act; Its Self-interpretation2

4.The Norm3

a) The Norm As a Scheme of Interpretation3

b) Norm and Norm Creation4

c) Validity and Sphere of Validity of the Norm10

d) Positive and Negative Regulations: Commanding, Authorizing, Permitting15

e) Norm and Value17

5.The Social Order24

a) Social Orders Prescribing Sanctions24

b) Are There Social Orders without Sanctions?27

c) Transcendental and Socially Immanent Sanctions28

6.The Legal Order30

a) The Law: An Order of Human Behavior30

b) The Law: A Coercive Order33

c) The Law As a Normative Coercive Order; Legal Community and Gang of Robbers44

d) Legal Obligations without Sanctions?50

e) Dependent Legal Norms54

Ⅱ.LAW AND MORALS59

7.Moral Norms As Social Norms59

8.Morals As Regulation of Internal Behavior60

9.Morals, a Positive Noncoercive Order62

10.Law As a Part of Morals62

11.Relativity of Moral Value63

12.Separation of Legal and Moral Orders66

13.Justification of Law through Morals67

Ⅲ.LAW AND SCIENCE70

14.Legal Norms As the Object of the Science of Law70

15.Static and Dynamic Legal Theory70

16.Legal Norm and Rule of Law71

17.Causal Science and Norm Science75

18.Causality and Imputation; Law of Nature and Legal Law76

19.The Principle of Imputation in the Thinking of Primitive Man82

20.The Origin of the Principle of Causality in the Principle of Retribution84

21.Causal and Normative Social Science85

22.Differences between the Principles of Causality and Imputation89

23.The Problem of the Freedom of Will91

24.Facts Other Than Human Behavior As Content of Social Norms99

25.Categorical Norms100

26.The Denial of the Ought; the Law as Ideology101

IV.THE STATIC ASPECT OF LAW108

27.The Sanction108

a) The Sanction of National and International Law .108

b) The Delict (the Wrong) is Not Negation but Condition of the Law111

28.Legal Obligation (Duty) and Liability114

a) Legal Obligation and Sanction114

b) Legal Obligation and "Ought"117

c) Liability119

d) Individual and Collective Liability121

e) Liability Based on Fault and Absolute Liability122

f) The Obligation of Reparation123

g) Collective Liability As Absolute Liability125

29.Law in a Subjective Sense; Right and Authorization125

a) Right and Obligation125

b) Jus ad rem and Jus in personam130

c) The "Right" As a Legally Protected Interest132

d) The "Right" As Legal Power134

e) The "Right" As a Positive Permission138

f) The Political Rights138

Fundamental Rights140

30.Capacity to Act; Competence; the Concept of "Organ"145

a) Capacity to Act (Handlungsfahigkeit)145

b) Competence148

c) The Concept of "Organ"150

31.Legal Capacity (Rechtsfahigkeit)', Representation158

32.The Legal Relation163

33.The Legal Subject; the Person168

a) The Legal Subject168

b) The Physical Person171

c) The Juristic Person (Corporation)174

d) The Juristic Person As an Acting Subject176

e) The Juristic Person As a Subject of Obligations and Rights178

f) The juristic Person As an Auxiliary Concept of Legal Science190

g) The Abolition of the Dualism of Right and Obligation191

Ⅴ.THE DYNAMIC ASPECT OF LAW193

34.The Reason for the Validity of a Normative Order: the Basic Norm193

a) The Meaning of the Search for the Reason for Validity193

b) The Static and the Dynamic Principle195

c) The Reason for the Validity of a Legal Order198

d) The Basic Norm as Transcendental-logical Presupposition201

e) The Logical Unity of the Legal Order; Conflict of Norms205

f) Legitimacy and Effectiveness208

g) Validity and Effectiveness211

h) The Basic Norm of International Law214

i) The Theory of the Basic Norm and the Theory of Natural Law217

j) The Basic Norm of Natural Law219

35.The Hierarchical Structure of the Legal Order221

a) The Constitution221

b) Legislation and Custom224

c) Statute and Ordinance229

d) Material and Formal Law230

e) The So-called Sources of Law232

f) Creation, Application, and Observance of Law233

g) Jurisdiction236

h) The Legal Transaction256

i) Administration.262

j) Conflict between Norms of Different Levels267

k) Nullity and Annullability276

Ⅵ.LAW AND STATE279

36.Creation of Law and Form of Government279

37.Public and Private Law280

38.The Ideological Character of the Dualism of Public and Private Law281

39.The Traditional Dualism of State and Law284

40.The Ideological Function of the Dualism of State and Law285

41.The Identity of State and Law286

a) The State as a Legal Order286

b) The State as a Juristic Person290

c) The So-called Self-obligation of the State; the State Governed by Law (Rechtsslaat)312

d) Centralization and Decentralization313

e) Abolition of the Dualism of Law and State318

Ⅶ.STATE AND INTERNATIONAL LAW320

42.The Essence of International Law320

a) The Legal Nature of International Law320

b) International Law as a Primitive Legal Order323

c) The Hicrarchy of International Law323

d) Indirect Obligating and Authorizing by International Law324

43.International Law and National Law328

a) The Unity of International and National Law328

b) No Conflict between Internationa! and National Law330

c) The Mutual Relationship between Two Norm Systems332

d) A Monistic Construction Is Inevitable333

44.Theory of Law and View of the World344

Ⅷ.INTERPRETATION348

45.The Nature of Interpretation348

a) Relative Indefiniteness of the Law-applying Act349

b) Intentional Indefiniteness of the Law-applying Act349

c) Unintended Indefiniteness of the Law-applying Act350

d) The Law to Be Applied Is a Frame350

e) The So-called Methods of Interpretation352

46.Interpretation As an Act of Cognition or Will353

47.Interpretation by the Science of Law355