Revista de Teorias e Filosofias do Estado (Nov 2016)

The Justification of the State in the Doctrine of Georg Jellinek

  • Roland Hamilton Marquardt Neto

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9652/2016.v2i1.1141
Journal volume & issue
Vol. 2, no. 1
pp. 16 – 36

Abstract

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What justifies the state as coercive power? For which reason the individual must submit his will to empire and the power of the state? Why we sacrifice ourselves for the state institution? Questions like these plague the great thinkers from antiquity to modern times; and it could not be otherwise, also afflicted responsible for the foundation of the legal discipline Theory of the State - Georg Jellinek. Faced with these problems, this article aims to analyze the justification of the State according to the doctrine of Jellinek, specifically through his work "Allgemeine Staatslehre" - General Theory of the State, 1900.

Keywords