The Law and the State: French and German Doctrines (Classic Reprint) - Softcover

Inhaltsangabe

Excerpt from The Law and the State: French and German Doctrines

It is moreover necessary to understand thoroughly the meaning and scope of the question. It is not an economic question. It is not a moral question. It is solely and exclusively a question of law. And for that reason, in the recital of the various doctrines, which is to be the object of this paper, only theories of law, properly so called, will be discussed. N 0 discussion Of any question involving the theories taught by such historians as Treitschke or by generals like Bernhardi will be attempted, inasmuch as their abominable theories have for the past two years been time and again exposed in books, reviews, and periodicals. They and their likes have never had the desire to expound a juridical theory, but simply to formulate a principle of political and military action, which is wholly contained in the oft-repeated principle of Treitschke: Der Staat ist Macht.l The events of the last three years have proved that their influence has been great in Germany. Although they have attracted less attention, the influence of theories of law, properly so called, has not been less.

Politically and economically, the question of the limitation of the powers of the State is certainly a problem of capital. The question is one of determining to What extent the State is to interfere, with the powerful means of action at her disposal, to assure the economic.

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