The concepts of law, State, and property in the science of a family of
laws are distinguished from the concepts of law, State, and property in
the sciences of the legal systems that form the family by lacking the
characteristic of being concepts of norms of these systems, and
consequently lacking also all the characteristics which may be deduced
from this characteristic according to the special substance of one or
another legal system. The concept of the State in the science of present
European law is distinguished from the concepts of the State in the
sciences of present German, Russian, and Belgian law by not being a
concept of norms of any one of these systems, and consequently by
lacking all the characteristics that result from the special substance
of the constitutional norms in force in Germany, Russia, and Belgium.
Its relation to the concepts of the State in the science of these
systems is that of a generic concept to subordinate species-concepts.
The concepts of law, State, and property in the science of a family of
laws are distinguished from the concepts of law, State, and property in
the sciences of other such families by this characteristic,--that they
are concepts of norms of this particular family. From this
characteristic we may deduce all the characteristics that are peculiar
to the common substance of the different legal systems of this family in
contrast to the common substance of the different legal systems of other
families. The concept of the State in the science of present European
law and the concept of the State in the science of European law in the
year 1000 are distinguished by the fact that the one is a concept of
constitutional norms that are in force in Europe to-day, the other of
such as were in force in Europe then; consequently they are different in
the same way as what the constitutional norms in force in Europe to-day
have in common is different from what was common to the constitutional
norms in force in Europe then. These concepts are to each other as
species-concepts which are subordinate to one and the same generic
concept.
3. Third, one may understand by the concepts of law, State, and property
the concepts of law, State, and property in general jurisprudence.
These concepts of law, State, and property contain all the
characteristics that belong to the common substance of the most
different systems and families of laws. They embrace only what the norms
of the most different systems and families of laws have in common. They
may, therefore, be called concepts of general jurisprudence. For that
part of jurisprudence which treats of legal norms without limitation to
any particular system or family of laws, so far as these norms are not
already treated by the sciences of the particular systems and families,
may be designated as general jurisprudence.
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