Democracy and Autorcracy | Hans Kelsen | General Theory of Law and State, 1945 скачать в хорошем качестве

Democracy and Autorcracy | Hans Kelsen | General Theory of Law and State, 1945

General Theory of Law and State, Hans Kelsen. Kindle, paperback, and hardcover: https://amzn.to/3tfNoJt • • • • • • • • • • • • • • • • • • • • • • • • • • • • Follow us on social media: (1) Instagram: https://www.instagram.com/total.philosophy (2) Instagram: https://www.instagram.com/totalphilosophy (humor) (3) Twitter: https://www.twitter.com/TotalPhilo • • • • • • • • • • • • • • • • • • • • • • • • • • • • General Theory of Law and State, democracy and autocracy, by Hans Kelsen (1945). "It is not only the criterion of the traditional classification, it is also the traditional trichotomy [democracy, aristocracy, and monarchy] which is insufficient. If the criterion of the classification is the way in which, according to the constitution, the legal order is created, then it is more correct to distinguish, instead of three, two types of constitutions: democracy and autocracy. This distinction is based on the idea of political freedom. Politically free is he who is subject to a legal order in the creation of which he participates. An individual is free if what he “ought to” do according to the social order coincides with what he “wills to” do. Democracy means that the “will” which is represented in the legal order of the State is identical with the wills of the subjects. Its opposite is the bondage of autocracy. There the subjects are excluded from the creation of the legal order, and harmony between the order and their wills is in no way guaranteed. Democracy and autocracy as so defined are not actually descriptive of historically given constitutions, but rather represent ideal types. In political reality, there is no State conforming completely with one or the other ideal three. Every State represents a mixture of elements of both types, so that some communities are closer to the one, some closer to the other pole. Between the two extremes, there is a multitude of intermediate stages, most of which have no specific designation. According to the usual terminology, a State is called a democracy if the democratic principle prevails in its organization; and a State is called an autocracy if the autocratic principle prevails."