The Modern Idea of the State

The Modern Idea of the State.- I The Authority of the State and the Authority of Law.- I. The Opposition between the Old and the New Idea of the State.- II. The Rise of the Modern Idea of the State.- III. The Significance of the Modern Idea of the State.- II The Authority of the Sovereign and the Authority of the Law in History.- I. The State Originally a Community founded on Law.- II. The Rise of the Authority of the Sovereign.- III. Ancient Political Theory as a Theory of the Legal Order of the Community.- IV. The Political Theory of the Middle Ages as a Theory of Sovereignty.- V. The Meaning of the Contract with the Sovereign and of the Social Contract under Absolutism.- VI. The Relation between the Sovereign Authority and the Organization of the Community in Grotius and Others.- VII. Political Theory as Exclusively a Theory of the Sovereign Authority.- VIII. The Relation between Sovereign Authority and the Organization of the Community in England.- IX. The German Philosophy of the State under the Ancien Régime.- X. Montesquieu’s Separation of Powers: A Product of Political Theory as a Theory of Sovereign Authority.- XI. The Theory of State Sovereignty in the Eighteenth Century.- XII. Rousseau’s Popular Sovereignty.- XIII. The Rise of the Modern Idea of the State under the Constitutional System.- XIV. The Supplanting of the Authority of the Sovereign by the Authority of the Law.- III The Basis of the Binding Force of Law.- I. The Concept of the Sovereignty of Law.- II. The Authority of Law as the Rulership of Will.- III. Criticism of the Rulership of Will.- IV. The Conditions for the Validity of Law.- V. The Basis of Legal Rules.- VI. Objections to the Theory.- VII. Law as the Rule of a Community.- VIII. Majority Rule.- IX. Criticism of Objections to theMajority Principle.- X. The Individual Sense of Right.- XI. The Quality of the Sense of Right.- XII. The Making of Statutory Law.- XIII. Legislation as the Operation of an Organized Sense of Right.- XIV. Unwritten Law.- XV. Strengthening the Authority of Law.- IV The Making of Law.- I. Law-making as an Intellectual Process.- II. The Influence of Codification.- III. The Revolution in Criminal Law.- IV. The Revolution in Private Law.- V. The Influence upon Judicial Decisions.- VI. The Idea of Sovereignty and Constitutional Law.- VII. The Idea of Sovereignty in Administrative Law.- VIII. The Hybrid Character of the Systems of Constitutional and Administrative Law.- IX. The Logical Consequences of the Old and New Political Theories.- V Interests and the Sense of Right.- I. Knowledge of Interests and Impartiality.- II. The Platonic Ideal.- III. Monarchy.- IV. The Intellect.- V. The Balance of Interests.- VI. The Solution of the Conflict.- VI Decentralization of Law-Making.- I. Decentralization Based upon Community of Interest.- II. Transforming Organized Interests into Legal Communities.- III. The Lack of Legislative Organs.- VII The Sources of Law.- VIII The Development of Law.- I. The Historical Process.- II. Intellectualism.- III. The Emotional Life.- IX The State.- I. The Old Theory of the State.- II. Criticism.- III. The Modern Theory of the State.- IV. The State as a Community of Interests.- V. Origin of the State as a Community of Interests.- VI. Origin of the State as a Legal Community.- VII. The Organization of the Community of Interests.- X The International Legal Community.- I. The Authority of International Law.- II. The Content of International Law.- III. The Creation of International Law.