《General theory of law》

INTRODUCTORY CHAPTER1

Section 1.Necessity for Generalized Knowledge1

Encyclopedism and philosophic generalization,3

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

Section 2.Encyclopedia of Law9

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 Law23

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 Law31

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 ⅠCONCEPTIONS OP LAW40

CHAPTER I.Definition of Law40

Section 5.Technical and Ethical Norms41

Technical and ehical norms,42

Their differences, how material and how formed43

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 Norms47

Moral norms, rules for evaluing interests48

Subjectivity of moral valuations49

Two possible types of co-ordinated interests51

Legal rules as norms for limiting interests52

Difference between moral and legal rules53

Section 7.Relationship of Law and Morals55

Opposition of law and morals, 55.Their mutual connection58

Hegel's and Ahrens' views 60

Jellinek's and Wallaschek's views61

Necessary correlation of law and morals63

Section 8."Law" in the Legal and in the Scientific Sense65

Notion of law in the scientific sense65

Do legal rules fill the place of laws of nature67

Whether juridical norms represent the popular conception of natural laws68

Correlation of legal rules and natural laws70

Section 9.Relativity of Law72

Relativity of laws as phenomena73

Gradual recognition of the relativity of laws75

Importance of such recognition77

CHAPTERⅡ.Leading Different Conceptions of Law79

Section 10.The Definition of Law by What it Embraces79

Capital differences between definitions of law79

Causes of variances in the contents of law80

Leading different definitions of law by its contents81

Definition of law as norms of freedom82

Its connection with individualism83

Section 11.Definition of Law by its Source86

Causes for the popularity of such definitions86

Definition of legal norm as commands of governmental power90

Criticism of this definition91

Definition of legal rules as social norms92

Section 12.Definition of Law as Coercive Norms94

Connection of this definition with dualistic world concepts94

Objections against the possibility of such a definition96

Impossibility of a purely coercive basis.Necessity of popular assent97

Psychical coercion101

Importance of coercion with regard to law102

Section 13.Formal and Utilitarian Conceptions104

Historical and theoretical basis for the formal theory of law104

Reaction against this theory on the part of105