By H. Krabbe
In 1906, Professor Krabbe of the collage of Leyden wrote Die Lehre der Rechtssouveränetät and in 1915 and 1917 extra gildings of this previous quantity that are now placed forth less than the identify of the trendy notion of the country. the interpretation is the paintings of Professors George H. Sabine and Walter J. Shepard, who've additionally written an difficult creation to the volume.
Professor Krabbe's paintings used to be reviewed in an previous variety of this magazine and as a result usually are not mentioned in nice element in this get together. Krabbe's learn is a protest opposed to the absolutist idea of sovereignty, and a positive try paralleling these of Preuss and Duguit to supply a alternative thought. The substance of his doctrine is that the root of the fashionable nation has to be sought within the experience of correct (Rechtsgefühl). the method of contemporary political improvement is largely the substitution of a non secular strength for private authority. The non secular nature is the resource from which spring actual forces and "these forces rule within the strictest feel of the time period there's just one resource of law—the feeling or experience of correct which is living in a guy and has a spot in his awake life." either kingdom and legislation are the creatures of this "Rechtsgefühl" that may be considered as the enough alternative for sovereignty and the last word foundation of political obligation.
the interpretation is fortunately performed and its makers deserve specified compliment for heading off the atrocities frequently unwittingly dedicated through linguists who're blameless of the vocabulary or options of jurisprudence, politics and philosophy. The industrious translators have a bit much less fortunately prefixed a longer creation to Professor Krabbe's paintings. in most cases it is a operating interpretation of the author's paintings, however it is tough from time to time to understand no matter if the preface is meant as a unfastened interpretation of Krabbe or because the self reliant perspectives of Sabin and Shepard. it truly is an admirable preface yet altogether out of percentage to the size of the physique of the booklet and could were higher put as an self sufficient treatise. scholars of political thought will wish that Professors Shepard and Sabine, together or severally, might within the close to destiny enhance their attention-grabbing perspectives on political thought even more totally at the foundation of the hopeful starting the following made.
–The American Political technological know-how Review [1922]
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Positive, Sect. 182 if. Translilted in Modern French Legal Philosophy, pp. 258 ff TRANSLATORS' INTRODUCTION LUI In so far as the rulers render these services, - and an increasing number of services in modem society are necessarily being placed under the control of government, - the obligations of objective law fall as stringently upon government as upon private persons. All are subject to the law which requires the preservation of the social structure. Law as it is commonly understood, - the statutes of the legislature, the decisions of the courts, and the ordinances of administrative officials, - is merely an expression of the objective law and gets its authority from this fact.
The educational system aims to satisfy both the need of the individual for instruction and also the social need for an educated citizenship. From both points of view instruction is indispensable and the educational system is a public agency LVI TRANSLATORS' INTRODUCTION designed to perform this service. Coercion is an incident, ~ no doubt in some respects an unescapable incident, but still only an incident, - in the rendering of this service. The exclusive emphasis upon the imperative nature of law is due to the fact that criminal law is frequently taken as the type.
Its collective character is as fixed as the character of an individual. It can assert collective rights and assume collective obligations. In short, it has the same type of energy and inertia which in the individual we call will or personality. Such groups are real juristic persons, competent to possess legal rights and to perform legal acts. Moreover, the granting of a franchise by the state neither creates nor fundamentally alters the essential nature of these collective persons. Whether they happen to be organized as corporations within the restricted and rather artificial legal meaning of the term, or whether they prefer to hold their property un- TRANSLATORS' INTRODUCTION XLIII der a trusteeship, or to organize themselves as business partnerships, is a legal technicality which has little bearing upon their real character.