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Transaction Introduction | |
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Preface | |
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The Law | |
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Nomostatics | |
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The Concept of Law | |
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Law and Justice | |
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The Criterion of Law (Law as a Specific Social Technique) | |
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Validity and Efficacy | |
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The Legal Norm | |
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The Sanction | |
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The Delict | |
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"Mala in se" and "Mala prohibita" | |
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The Delict as a Condition of the Sanction | |
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The Delict as Behavior of the Individual against whom the Sanction is Directed | |
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Identification of the Delinquent with the Members of his Group | |
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Delict of Juristic Persons | |
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The Legal Duty | |
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Duty and Norm | |
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The Duty and the "Ought" | |
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The Secondary Norm | |
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Obeying and Applying the Legal Norm | |
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Austin's Distinction between Primary and Secondary Duties | |
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The Legal Responsibility | |
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Culpability and Absolute Liability | |
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Duty and Responsibility; Individual and Collective Responsibility | |
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Austin's Concept of Duty | |
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The Legal Right | |
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Right and Duty | |
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Permission | |
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The Legal Right in a Narrow Sense | |
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The Right as a Specific Legal Technique | |
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Absolute and Relative Rights | |
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The Right as Participation in the Creation of Law | |
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Civil and Political Rights | |
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Competence (Legal Capacity) | |
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Imputation (Imputability) | |
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The Legal Person | |
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Substance and Quality | |
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The Physical Person | |
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The Juristic Person | |
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Nomodynamics | |
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The Legal Order | |
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The Unity of a Normative Order | |
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The Law as a Dynamic System of Norms | |
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The Basic Norm of a Legal Order | |
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The Static and the Dynamic Concept of Law | |
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The Hierarchy of the Norms | |
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The Superior and the Inferior Norm | |
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The Different Stages of the Legal Order | |
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The Legal Transaction (Juristic Act) | |
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Nature of Constitutional Law | |
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Relationship between the Judicial Act and the Pre-existent Norm Applied by the Judicial Act | |
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Gaps (Lacunae) of Law | |
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General Norms created by Judicial Acts | |
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Conflicts between Norms of Different Stages | |
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Normative and Sociological Jurisprudence | |
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Sociological Jurisprudence not the only Science of Law | |
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Normative Jurisprudence as Empirical and Descriptive Science of Law | |
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The Prediction of the Legal Function | |
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The Specific Meaning of a Juristic Statement | |
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No Prediction of the Legislative Function | |
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The Law not a system of Doctrines (Theorems) | |
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The Difference between the Statements of a Normative and of a Sociological Jurisprudence | |
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Sociological Elements in Austin's Analytical Jurisprudence | |
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Predictability of the Legal Function and Efficacy of the Legal Order | |
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Irrelevancy of Individual Circumstances | |
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Sociology of Law and Sociology of Justice | |
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Sociological Jurisprudence presupposes the Normative Concept of Law | |
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The Object of the Sociology of Law: Behavior determined by the Legal Order | |
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The State | |
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The Law and the State | |
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The State as a Real (Sociological) or Juristic Entity | |
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The Organs of the State | |
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The State as Subject of Duties and Rights | |
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Private and Public Law | |
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The Elements of the State | |
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The Territory of the State | |
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Time as an Element of the State | |
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The People of the State | |
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The Competence of the State as the Material Sphere of Validity of the National Legal Order | |
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Conflict of Laws | |
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The so-called Fundamental Rights and Duties of the States | |
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The Power of the State | |
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The Separation of Powers | |
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The Concept of "Separation of Powers" | |
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Separation of the Legislative from the Executive Power | |
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Not Separation but Distribution of Powers | |
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Separation of the Judicial from the Executive (Administrative) Power | |
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Coercive Acts of the Administrative Organs | |
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Direct and Indirect Administration | |
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Legal Control of Administration by Ordinary or by Administrative Courts | |
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Control of Legislation by Courts | |
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The Historical Role of the "Separation of Powers" | |
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Separation of Powers and Democracy | |
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Forms of Government: Democracy and Autocracy | |
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Classification of Constitutions | |
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Democracy | |
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Autocracy | |
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Forms of Organization: Centralization and Decentralization | |
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Centralization and Decentralization as Legal Concepts | |
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The Static Concept of Centralization and Decentralization | |
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The Dynamic Concept of Centralization and Decentralization | |
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Federal State and Confederacy of States | |
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The international legal community | |
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National and International Law | |
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The Legal Character of International Law | |
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International Law and State | |
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The Unity of National and International Law (Monism and Pluralism) | |
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Natural Law Doctrine and Legal Positivism | |
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The Idea of Natural Law and the Essence of Positive Law | |
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Social Theory and the Problem of Justice | |
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The Principle of Validity in Natural and Positive Law; the Factor of Coercion; Law and State | |
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The "Ought": Absolute and Relative Validity | |
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The Basic Norm of Positive Law | |
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The Immutability of Natural Law | |
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The Limitation of the Natural-Law Idea | |
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Natural and Positive Law as Systems of Norms | |
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The Unity of Systems of Norms | |
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The Static Principle of Natural Law and the Dynamic Principle of Positive Law | |
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The Limitation of Positivism | |
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Positive Law as a Meaningful Order | |
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The Subjective and Objective Meaning of Legal Material | |
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The Methodological Importance of the Basic Norm in Positive Law | |
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The Relation of Natural to Positive Law. The Political Significance of Natural-Law Theory | |
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The Exclusive Validity of a System of Norms: the Logical Principle of Contradiction in the Sphere of Normative Validity | |
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The Norm as an "Ought" and as a Psychological Fact: Collision of Duties and Contradiction of Norms | |
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Law and Morals: the Postulate of the Unity of System | |
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The Logical Impossibility of the Coexistence of Positive and Natural Law | |
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The Impossibility of a Relationship of Delegation between Natural and Positive Law | |
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Positive Law as a Mere Fact in its Relation to Natural Law as a Norm | |
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The Relation of Natural to Positive Law in the Historical Natural-Law Doctrine | |
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Natural Law as a Justification of Positive Law | |
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The Supposedly Revolutionary Character of Natural-Law Doctrine | |
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The Epistemological (Metaphysical) and Psychological Foundations | |
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The Metaphysical Dualism | |
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The Scientific-Critical Philosophy | |
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List of Publications | |
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Index | |