Private Law, Bücher 3WordBridge Publishing, 2007 - 244 Seiten "Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will. |
Inhalt
Introduction | 1 |
The Right of the Person | 3 |
Integrity | 5 |
Honor | 7 |
Legal Capacity Protection of Acquired Rights | 8 |
Inalienable Freedom | 10 |
Freedom and Equality | 13 |
Legal Freedom and Freedom of Choice | 15 |
The Place of Possession in the Legal System | 88 |
Savigny Thibaut Gans Puchta | 89 |
Obligation and Contract | 95 |
The Forms of Obligation | 97 |
Origin and Goals of Obligations | 98 |
Obligation not Limited to Contract | 100 |
Contract as the Expression of Freedom and Faithfulness | 102 |
Contract More than Mere Mutual Willingness | 103 |
Freedom versus License | 19 |
The Modern Concept of Freedom | 20 |
Equality | 22 |
Essential Equality Accidental Inequality | 24 |
Protection of Acquired Rights | 27 |
Limits on Acquired Rights | 29 |
Rights versus the Common Good | 30 |
Expropriation of Property | 33 |
The Principle of Humanity | 37 |
The Fear of God as Principle of Order | 38 |
the Fear of God and Full Humanity | 39 |
Property in the Broad Sense | 43 |
The Community of Goods | 45 |
Inequality of Property | 48 |
Equality of Distribution of Land | 50 |
The Origin of Property | 51 |
The Ultimate JustiWcation of Property | 53 |
Satisfaction and Control | 55 |
Kant Hegel Locke | 57 |
The CommunistSocialist Repudiation of Property 59 31 The Rationale Behind the Repudiation of Property | 59 |
Proudhon | 61 |
Considerant | 62 |
Real Rights and Personal Rights | 65 |
Satisfaction as Principle of Property | 66 |
Control as Principle of Property | 67 |
The Unity of Real and Personal Rights | 69 |
The Law of Material Things Sachenrecht | 71 |
Components of Property Rights | 73 |
Forms of Joint Ownership | 74 |
The Acquisition of Property | 76 |
Original Acquisition | 77 |
Derivative Acquisition | 81 |
Possession | 83 |
Possession First Recognized by Roman Law | 85 |
The Relation of Possession to Property | 86 |
Contracts are ClassiWed According to Purpose | 106 |
Kants ClassiWcation | 108 |
The Family | 111 |
The Relations of Family | 112 |
The Uniqueness of the Family Relation | 113 |
The Public Character of the Family | 114 |
The Characteristics of the Family | 115 |
The Shortcomings of the NaturalLaw Concept | 116 |
Marriage | 117 |
The Elements of Marriage | 119 |
The Role of Consent | 121 |
The Role of the Civil Order | 128 |
Near Relationship | 134 |
The Place of Property in Marriage | 141 |
Divorce | 142 |
Personal Satisfaction or Higher Order? | 146 |
Concerning Mixed Marriages | 155 |
DiVerence in Christian Confession | 156 |
Upbringing of Children | 159 |
Paternal Power | 161 |
The Duration of Paternal Power | 162 |
Concerning the Assets of Children | 163 |
The NaturalLaw Explanation of the ParentChild Relationship | 164 |
Freedom of Instruction | 169 |
The Contemporary Demand for Freedom of Instruction | 170 |
Religion and Freedom of Instruction | 172 |
Inheritance | 177 |
Forms of Succession | 178 |
Testate Succession | 180 |
Intestate Succession | 181 |
Recognition of Inheritance | 182 |
Regarding the Value of Roman Private Law | 187 |
| 199 | |
| 205 | |
Häufige Begriffe und Wortgruppen
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