World Prosperity as Sought Through the Economic Work of the League of Nations. By Wallace McClure. (New York: The Macmillan Company. 1933. Pp. xxxix, 613.)
In: American political science review, Band 27, Heft 6, S. 1000-1001
ISSN: 1537-5943
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In: American political science review, Band 27, Heft 6, S. 1000-1001
ISSN: 1537-5943
In: American political science review, Band 20, Heft 3, S. 509-523
ISSN: 1537-5943
The doctrines of H. Krabbe, professor of public law in the University of Leyden, are to be found in his Die Lehre der Rechtessouveränität, published in 1906, and his Die moderne Staatsidee, the second edition of which appeared in 1919.The political theory of Krabbe resembles that of Duguit in that it denies law-making power to the state, and recognizes law (as defined by himself) as the ruling power in human society, as sovereign, and, therefore, as above the state. However, as will presently be seen, Krabbe places the state upon a much higher plane than does Duguit. To Duguit, political rulership is nothing more than the bald fact that, in a given community certain persons, for some reason or other, possess and exercise, actual power of control over the actions of the other persons of a group. It is, as it were, an objective fact which cannot, and need not be, ethically justified. To Krabbe, upon the other hand, the state is, in essence, a community of persons unified by the general agreement of its members as to the valuation of public and private interests, and possessing organized instrumentalities for clarifying and formulating these common convictions, and, when necessary, enforcing them. To Krabbe, the state thus plays a necessary part in the declaration and enforcement of law, if not in investing it with essential validity as such.We find, however, in Krabbe, and also in his translators, as will be later pointed out, that same mistaken idea which is to be discovered in Duguit, that an inquiry into the idealistic or utilitarian validity of law, as determined by its substantive provisions and the purposes sought to be achieved by its enforcement, has a relevancy to, and that its conclusions can affect, the validity and usefulness of the purely formalistic concepts which the positive or analytical jurist employs.
In: American journal of international law: AJIL, Band 20, Heft 3, S. 638-639
ISSN: 2161-7953
In: American political science review, Band 17, Heft 4, S. 654-655
ISSN: 1537-5943
In: American political science review, Band 17, Heft 2, S. 313-314
ISSN: 1537-5943
In: American journal of international law: AJIL, Band 16, Heft 1, S. 149-151
ISSN: 2161-7953
In: Proceedings of the annual meeting / American Society of International Law, Band 16, S. 19-26
ISSN: 2169-1118
In: American political science review, Band 15, Heft 2, S. 283-285
ISSN: 1537-5943
In: American journal of international law: AJIL, Band 15, Heft 2, S. 331-333
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 14, Heft 4, S. 683-692
ISSN: 2161-7953
In: American political science review, Band 14, Heft 3, S. 504-506
ISSN: 1537-5943
In: American political science review, Band 14, Heft 2, S. 357-358
ISSN: 1537-5943
In: American journal of international law: AJIL, Band 14, Heft 1-2, S. 286-287
ISSN: 2161-7953
In: American political science review, Band 13, Heft 3, S. 500-501
ISSN: 1537-5943
In: American political science review, Band 12, Heft 2, S. 192-208
ISSN: 1537-5943
A society of human individuals viewed as a politically organized unit is termed a state. The state, which, in its various activities and forms of organization, furnishes the material for political science, may be regarded from a number of standpoints. It may be studied sociologically as one of the factors as well as one of the results of communal life; it may be examined historically for the purpose of ascertaining the part which it has played in the life of humanity, its varying phases of development being traced and their several causes and results determined; it may be considered as an entity, to the existence and activities of which are to be applied the ethical criteria which the moralist and philosopher establish; it may be psychologically surveyed in order to make plain the manifestations of will, emotion and judgment which support and characterize its life; it may be regarded from the purely practical standpoint to determine how it may be most efficiently organized and operated; and, finally, it may be envisaged and studied simply as an instrumentality for the creation and enforcement of law. It is with the state, as viewed in this last aspect, that analytical political philosophy is concerned.The point of departure of the analytical jurist is that in all communities which have reached any degree of definite political organization, public affairs, whether domestic or international, are not carried on in a haphazard manner, without system or fixed principles, but are governed by bodies of rules logically related to one another and all depending, as deductive conclusions, upon certain assumptions regarding the juristic nature of the state, of its sovereignty, of its law, and of the relations which it bears towards other bodies politic as similarly viewed.