The concepts of law, State, and property in general jurisprudence are
distinguished from the concepts of law, State, and property in the
particular jurisprudences by lacking the characteristic of being
concepts of norms of one of these systems or at least one of these
families of systems, and consequently lacking also all the
characteristics which may be deduced from this characteristic according
to the special substance of some system or family of laws. The concept
of law _per se_ is distinguished from the concept of law in present
European law and from the concept of law in the present law of the
German empire by not being a concept of norms of that family of laws,
not to say that particular system, and consequently by lacking all the
characteristics that might belong to any peculiarities which might be
common to all legal norms at present in force in Europe or in Germany.
Its relation to the concepts of law in these particular jurisprudences
is that of a generic concept to subordinate species-concepts.
4. In which of the senses here distinguished the concepts of law, State,
and property should be defined in a particular case, and what matters
should accordingly be taken into consideration in defining them, depends
on the purpose of one's study.
If, for example, the point is to describe scientifically the
constitutional norms of the present law of the German empire, then the
concept of the State as defined on this occasion must be a concept of
the science of this particular legal system. For scientific work on the
norms of a particular legal system requires that concepts be formed of
the norms of just this system. Consequently the material to be taken
into consideration will be only the constitutional norms of the present
law of the German empire.--That the concepts defined in the scientific
description of a system of law are in fact concepts of the science of
this system may indeed seem obscure. For every concept of the science of
any particular system of law may be defined as the concept of a species
under the corresponding generic concept of general jurisprudence. We
define this generic concept, say the concept of the State in general
jurisprudence, and add the distinctive characteristic of the
species-concept, that it is a concept of norms of this particular system
of law, say of the present law of the German empire. And then we often
leave this additional characteristic unexpressed, where we think we may
assume (as is the case in the scientific description of the norms of any
particular system of law) that everybody will regard it as tacitly
added. The consequence is that the definition given in the scientific
description of a particular system of law looks, at a superficial
glance, like the definition of a concept of general jurisprudence.
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