The Law And the State French And German Doctrines
The Law And the State French And German Doctrines
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In our eReader you can find the full English version of the book. Read The Law And the State French And German Doctrines Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Law And the State French And German Doctrines
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348.
THE LAW AND THE STATE 117 State is under a duty of furnishing assistance, instruction, and employment, there exists a corresponding right in the individual to demand these things. Does M. Esmein mean by this that it is simply a moral duty binding on the State and not a legal obligation? This makes Esmein still less comprehensible; as I understand him, in fact, there is a moral duty binding on the individuals who are in power. But I cannot understand, by that, a moral duty upon the State, s...ince according to M. Esmein the State is a juridical person, and consequently can have only legal obligations implying corresponding rights.
Undue emphasis need not be given this matter, but we must recognize that Esmein places himself in formal contradiction to the general but decided tendency of modern positive legislation found first of all in France. Everyone recognizes today that if there is not a right to employment, at least there exists the right to assist- ance and to instruction.
VI Even though Esmein energetically affirms that the sovereignty of the State is narrowly limited by the individual natural rights of the person, he refuses to recognize in the individual the right to resist oppression.
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To quickly assess the difficulty of the text, read a short excerpt:
348.
THE LAW AND THE STATE 117 State is under a duty of furnishing assistance, instruction, and employment, there exists a corresponding right in the individual to demand these things. Does M. Esmein mean by this that it is simply a moral duty binding on the State and not a legal obligation? This makes Esmein still less comprehensible; as I understand him, in fact, there is a moral duty binding on the individuals who are in power. But I cannot understand, by that, a moral duty upon the State, s...ince according to M. Esmein the State is a juridical person, and consequently can have only legal obligations implying corresponding rights.
Undue emphasis need not be given this matter, but we must recognize that Esmein places himself in formal contradiction to the general but decided tendency of modern positive legislation found first of all in France. Everyone recognizes today that if there is not a right to employment, at least there exists the right to assist- ance and to instruction.
VI Even though Esmein energetically affirms that the sovereignty of the State is narrowly limited by the individual natural rights of the person, he refuses to recognize in the individual the right to resist oppression.
What to read after The Law And the State French And German Doctrines?
You can find similar books in the "Read Also" column, or choose other free books by Lon Duguit to read onlineMoreLess
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