Georg Jellinek as Social Theorist and Communitarian
This essay examines Jellinek as liberal democratic social theorist for whom theory of state constitutes the end but does by no means broach the issue of the whole field of social order creation. Building relationships Jellinek has addressed & constructed are presented with analyses of "syst...
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Veröffentlicht in: | Der Staat 2010-01, Vol.49 (3), p.405-434 |
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Format: | Artikel |
Sprache: | ger |
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Zusammenfassung: | This essay examines Jellinek as liberal democratic social theorist for whom theory of state constitutes the end but does by no means broach the issue of the whole field of social order creation. Building relationships Jellinek has addressed & constructed are presented with analyses of "system of subjective public right" & "theory of state". These lead from social order to legal order, from collective to community, they are built on the basic idea of action, will, interest, intention, value, & community. In the modern state this leads to Jellinek's status of teaching. However, it is not limited to "state" but addresses in analog application the relationship before the "modern state", below the state, as well as above the state in the law of nations. This created a social, legal, & state theory that even 100 years after Jellinek's death in 1911 is still relevant. E. Sanchez |
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ISSN: | 0038-884X |