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The specifically juristic concept is then elaborated through an account of the 19th-century German discipline of Staatslehre and, especially through its elaboration of the three fundamental elements of territory, ruling authority, and people, its general influence in 20th-century legal thought. The chapter argues that the juristic concept of the state is best understood to form an scheme of ...
- The state: Conditio sine qua non - Oxford Academic
“Of all juristic concepts,” he asserts, “the concept of...
- The state: Conditio sine qua non - Oxford Academic
considering the juristic conception of the State as the only one possible. On the other side, there is a tendency in English, French and American thought to put the empirical concept in the place of the juristic one, or to confuse both. Such a tendency has been pointed out by Professor Dicey even in an analytical
purely logical world of ideal concepts, in which alone the juristic theory of the state dwells, and the actual world about us, in which the states that we know have to perform their function. It needs to know, accordingly, what that function is, and, inde-pendently of the juristic theory, to devise an institutional pattern
- Introduction
- Sovereignty
- The State
- Conclusion
Does the concept of the state serve any useful purpose? Many jurists think not, but this belief, I contend, is founded on a misunderstanding of the concept. The skeptical response is most strongly expressed by those immersed in a common law tradition that distrusts abstraction: as Maitland once said, we prefer our persons to be real. Common lawyers...
There is considerable confusion among those who write on sovereignty,6 and revealing the source of that confusion exposes the key distinction that lies at the core of my argument. This is between sovereign and sovereignty, that is, between its concrete and abstract meanings. Carl Schmitt’s book, Political Theology: Four Chapters on the Doctrine of ...
I now come to the concept of the state. The German tradition of Staatslehre posits three fundamental elements of the state: territory, ruling authority, and people. The first refers to the existence of the state as an independent territory; the second to the institutional apparatus of rule that secures sovereign authority internally and externally;...
Contrary to the claims of those who maintain that it serves no useful purpose or is an obfuscating metaphysical abstraction, the state is the foundational concept that enables lawyers coherently to engage with questions of political authority. Jurists who claim that we have now moved beyond the state are invariably deceiving themselves. Their argum...
- Martin Loughlin
- 2018
No concept is more central to political discourse and political analysis than that of the state. Yet, whilst we all tend to think we know what we’re talking about when we refer to the state, it is a notoriously difficult concept to define. Since the seve nteenth century, when the term was first widely deployed, the concept of the state has been
In this chapter and the two that follow we move into a macro‐level of analysis. The topic is the state, a multifaceted entity that requires a two‐pronged method of study: the first, to disaggregate it in aspects or dimensions that may be useful for its theoretical and empirical study and, second, afterwards, to trace its unity as such a phenomenon by means of elements that the first step ...
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In defining the concept of law as a coercive order, that is to say as an order prescribing coercive acts as sanctions, the Pure Theory of Law simply accepts the meaning that the term "law" has assumed in the history of mankind.'. In defining the law as a coercive order the Pure Theory of Law conceives of the law as a spe-cific social technique.
