General Theory of Law

The book forma part of the Modern Legal Philosophies series prepared and edited by the Committee of the Association of American Law Schools as definitive treatises on the subject. The individual books are edited and translated by some of the leading luminaries in the field of Law. Cosmo has made the entire series available again which is published in the USA by Impact Global Publishing Inc.

Contents in Brief
General Introduction to the Series
Translator’s Preface
Translator’s Preface to the Second Edition

INTRODUCTORY CHAPTER l
Section 1. Necessity for Generalised Knowledge
Section 2. Encyclopedia of Law
Section 3. Encyclopaedia Law
Section 4. General Theory of Law

BOOK I
CONCEPTIONS OF LAW
CHAPTER I. Definition of Law

Sections. Technical and Ethical Norms
Section 5 — Continued,
Section 6. Juridical Norms and Moral Norms
Section 7. Relationship of Law and Morals
Section 8. “Law” in the Legal and in the Scientific Sense
Section 9. Relativity of Law

CHAPTER II. Leading Different Conceptions
Section 10. The Definition of Law by What it Embraces
Section 11. Definition of Law by its Source
Section 12. Definition of Law as Coercive Norms
Section 13. Formal and Utilitarian Conceptions

CHAPTER III. Hypothesis of Natural Law
Section 14. General Characteristics
Section 15. Natural Law in the Roman Jurists
Section 16. Later Theories of Natural Law
Section 17. General Criticism of the Idea of Natural Law

CHAPTER IV. Origin of Law
Section 18. Theory of the Voluntary Establishment of Law
Section 19. Doctrine of the Historical School
Section 20. The Origin of Law
Section 21. Development of Law

BOOK II
OBJECTIVE AND SUBJECTIVE SIDES OF LAW
CHAPTER I. Law Objectively Considered
Section 22. The Objective and the Subjective Points of View in Law
Section 23. Judicial Norms, Orders
Section 24. Elements of Legal Norms
Section 25. Content of Juridical Norms
Section 26. Sanction of Legal Rules

CHAPTER II. Laws in the Subjective Sense (Right)
Section 27. Juridical Relations
Section 28. Subject (Bearer) of Juridical Relations
Section 29. Rights and Duties
Section 30. The Objects of Rights
Section 31. Juridical Facts

CHAPTER III. Private and Public Law
Section 32. Classification According to Difference of Content
Section 33. Formal Classification
Section 34. Basis of the Distinction between Public and Private Law

BOOK III
SOCIAL CONDITIONS OF LEGAL DEVELOPMENT
CHAPTER I. Society
Section 36. The Mechanical Theory
Section 36. Organic Theory
Station 37. Nature of Society
Section 38. Man’s Psychical Nature
Section 39. Freedom of the Will
Section 40. Society and Individuality
Section 41. Law as Social Order
Section 42. Forms of Social Groups

CHAPTER IL The State
Section 43. Conception of the State
Section 44. Governmental Authority
Section 45. Organs of Authority
Section 46. Forms of Governmental Organisation
Section 47. Authority and Law
Section 48. Combinations of Governmental Powers

BOOK IV
POSITIVE LAW
V CHAPTER I. The Sources op Positive Law
Section 49. Conception of Positive Law
Section 50. Foundation of Action of Positive Law
Section 51. Sources of Law
Section 52. The Common Law
Section 53. Judicial Practice
Section 54. Legislation

CHAPTER II. Sources of Russian Law
Section 55. Relationship of Different Sources
Section 56. Russian Legislation
Section 57. Full Collections of Statutes
Section 58. First Editions of the Code
Section 60. Importance and Force of the Code

CHAPTER III. Application op Positive Law
Section 61. Criticism
Section 62. Relationship of Laws from Different Times and
Section 63. Interpretation
Section 64. Scientific Culture of Law