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The General Theory of the State and the Relativity of the Force of Law – Comment on the Theory of Georg Jellinek

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2012-11-15
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Sólyom, P. (2012). The General Theory of the State and the Relativity of the Force of Law – Comment on the Theory of Georg Jellinek. Pro Futuro, 2(2), 53-72. https://doi.org/10.26521/Profuturo/2012/2/5561
Abstract

This paper makes an in-depth examination of the theory established by Georg Jellinek who – extending the perspective of the jurisprudence of state law based on legal methods – was concerned with issues of public law within the frames of general theory of the state. The author will demonstrate the claim that the special concepts of Jellinek’s general and descriptive theory – like the „presupposition of factual validity” or the idea of the „state’s self-obligation to law” – are the results of Jellinek’s idea that there were no alternatives to the institutional system of the constitutional monarchy.