西学基本经典·法学类 纯粹法学理论 英文PDF电子书下载

Ⅰ.LAW AND NATURE 1

1.The "Pure" Theory 1

2.The Act and Its Legal Meaning 2

3.The Subjective and Objective Meanings of the Act; Its Self-interpretation 2

4.The Norm 3

a) The Norm As a Scheme of Interpretation 3

b) Norm and Norm Creation 4

c) Validity and Sphere of Validity of the Norm 10

d) Positive and Negative Regulations: Commanding, Authorizing, Permitting 15

e) Norm and Value 17

5.The Social Order 24

a) Social Orders Prescribing Sanctions 24

b) Are There Social Orders without Sanctions? 27

c) Transcendental and Socially Immanent Sanctions 28

6.The Legal Order 30

a) The Law: An Order of Human Behavior 30

b) The Law: A Coercive Order 33

c) The Law As a Normative Coercive Order; Legal Community and Gang of Robbers 44

d) Legal Obligations without Sanctions? 50

e) Dependent Legal Norms 54

Ⅱ.LAW AND MORALS 59

7.Moral Norms As Social Norms 59

8.Morals As Regulation of Internal Behavior 60

9.Morals, a Positive Noncoercive Order 62

10.Law As a Part of Morals 62

11.Relativity of Moral Value 63

12.Separation of Legal and Moral Orders 66

13.Justification of Law through Morals 67

Ⅲ.LAW AND SCIENCE 70

14.Legal Norms As the Object of the Science of Law 70

15.Static and Dynamic Legal Theory 70

16.Legal Norm and Rule of Law 71

17.Causal Science and Norm Science 75

18.Causality and Imputation; Law of Nature and Legal Law 76

19.The Principle of Imputation in the Thinking of Primitive Man 82

20.The Origin of the Principle of Causality in the Principle of Retribution 84

21.Causal and Normative Social Science 85

22.Differences between the Principles of Causality and Imputation 89

23.The Problem of the Freedom of Will 91

24.Facts Other Than Human Behavior As Content of Social Norms 99

25.Categorical Norms 100

26.The Denial of the Ought; the Law as Ideology 101

IV.THE STATIC ASPECT OF LAW 108

27.The Sanction 108

a) The Sanction of National and International Law . 108

b) The Delict (the Wrong) is Not Negation but Condition of the Law 111

28.Legal Obligation (Duty) and Liability 114

a) Legal Obligation and Sanction 114

b) Legal Obligation and "Ought" 117

c) Liability 119

d) Individual and Collective Liability 121

e) Liability Based on Fault and Absolute Liability 122

f) The Obligation of Reparation 123

g) Collective Liability As Absolute Liability 125

29.Law in a Subjective Sense; Right and Authorization 125

a) Right and Obligation 125

b) Jus ad rem and Jus in personam 130

c) The "Right" As a Legally Protected Interest 132

d) The "Right" As Legal Power 134

e) The "Right" As a Positive Permission 138

f) The Political Rights 138

Fundamental Rights 140

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

a) Capacity to Act (Handlungsfahigkeit) 145

b) Competence 148

c) The Concept of "Organ" 150

31.Legal Capacity (Rechtsfahigkeit)', Representation 158

32.The Legal Relation 163

33.The Legal Subject; the Person 168

a) The Legal Subject 168

b) The Physical Person 171

c) The Juristic Person (Corporation) 174

d) The Juristic Person As an Acting Subject 176

e) The Juristic Person As a Subject of Obligations and Rights 178

f) The juristic Person As an Auxiliary Concept of Legal Science 190

g) The Abolition of the Dualism of Right and Obligation 191

Ⅴ.THE DYNAMIC ASPECT OF LAW 193

34.The Reason for the Validity of a Normative Order: the Basic Norm 193

a) The Meaning of the Search for the Reason for Validity 193

b) The Static and the Dynamic Principle 195

c) The Reason for the Validity of a Legal Order 198

d) The Basic Norm as Transcendental-logical Presupposition 201

e) The Logical Unity of the Legal Order; Conflict of Norms 205

f) Legitimacy and Effectiveness 208

g) Validity and Effectiveness 211

h) The Basic Norm of International Law 214

i) The Theory of the Basic Norm and the Theory of Natural Law 217

j) The Basic Norm of Natural Law 219

35.The Hierarchical Structure of the Legal Order 221

a) The Constitution 221

b) Legislation and Custom 224

c) Statute and Ordinance 229

d) Material and Formal Law 230

e) The So-called Sources of Law 232

f) Creation, Application, and Observance of Law 233

g) Jurisdiction 236

h) The Legal Transaction 256

i) Administration. 262

j) Conflict between Norms of Different Levels 267

k) Nullity and Annullability 276

Ⅵ.LAW AND STATE 279

36.Creation of Law and Form of Government 279

37.Public and Private Law 280

38.The Ideological Character of the Dualism of Public and Private Law 281

39.The Traditional Dualism of State and Law 284

40.The Ideological Function of the Dualism of State and Law 285

41.The Identity of State and Law 286

a) The State as a Legal Order 286

b) The State as a Juristic Person 290

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

d) Centralization and Decentralization 313

e) Abolition of the Dualism of Law and State 318

Ⅶ.STATE AND INTERNATIONAL LAW 320

42.The Essence of International Law 320

a) The Legal Nature of International Law 320

b) International Law as a Primitive Legal Order 323

c) The Hicrarchy of International Law 323

d) Indirect Obligating and Authorizing by International Law 324

43.International Law and National Law 328

a) The Unity of International and National Law 328

b) No Conflict between Internationa! and National Law 330

c) The Mutual Relationship between Two Norm Systems 332

d) A Monistic Construction Is Inevitable 333

44.Theory of Law and View of the World 344

Ⅷ.INTERPRETATION 348

45.The Nature of Interpretation 348

a) Relative Indefiniteness of the Law-applying Act 349

b) Intentional Indefiniteness of the Law-applying Act 349

c) Unintended Indefiniteness of the Law-applying Act 350

d) The Law to Be Applied Is a Frame 350

e) The So-called Methods of Interpretation 352

46.Interpretation As an Act of Cognition or Will 353

47.Interpretation by the Science of Law 355