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In this discussion we are to get determinate concepts of law, the State, and property in general, not of the law, State, and property of a particular legal system or of a particular family of legal systems. The concepts of law, State, and property are therefore to be determined as concepts of general jurisprudence, not as concepts of any particular jurisprudence.

1. By the concepts of law, State, and property one may understand, first, the concepts of law, State, and property in the science of a particular legal system.

These concepts of law, State, and property contain all the characteristics that belong to the substance of a particular legal system. They embrace only the substance of this system. They may, therefore, be called concepts of the science of this system. For we may designate as the science of a particular legal system that part of jurisprudence which concerns itself exclusively with the norms of a particular legal system.

The concepts of law, State, and property in the science of a legal system are distinguished from the concepts of law, State, and property in the sciences of other legal systems by this characteristic,—that they are concepts of norms of this particular system. From this characteristic we may deduce all the characteristics that result from the special substance of this system of law in contrast to other such systems. The concepts of property in the present laws of the German empire, of France, and of England are distinguished by the fact that they are concepts of norms of these three different legal systems. Consequently they are as different as are the norms of the present imperial-German, French, and English law on the subject of property. The concepts of law, State, and property in different legal systems are to each other as species-concepts which are subordinate to one and the same generic concept.

2. Second, one may understand by the concepts of law, State, and property the concepts of law, State, and property in the science of a particular family of laws.

These concepts of law, State, and property contain all the characteristics that belong to the common substance of the different legal systems of this family. They embrace only the common substance of the different systems of this family. They may, therefore, be called concepts of the science of this family of laws. For we may designate as the science of a particular family of laws that part of jurisprudence which deals exclusively with the norms of a particular family of legal systems, so far as these are not already dealt with by the sciences of the particular legal systems of this family.

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.

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.

Or, if the point is to compare scientifically the norms of present European law regarding property, the concept of property as defined on this occasion must be a concept of the science of this particular family of laws. For the scientific comparison of norms of different legal systems demands that concepts of the sciences of these different legal systems be subordinately arranged under the corresponding concept of the science of the family of laws which is made up of these systems. Consequently the material to be taken into consideration will be only the norms of this family of laws.—Here again, indeed, it may seem obscure that the concepts defined are really concepts of the science of this family of laws. For the concepts that belong to the science of a family of laws may likewise be defined by defining the corresponding concepts of general jurisprudence and tacitly adding the characteristic of being concepts of norms of this particular family of laws.

Finally, if it comes to pass that the point is to compare scientifically what the norms of the most diverse systems of law have in common, the concept of law as defined on this occasion must be a concept of general jurisprudence. For the scientific comparison of norms of the most diverse systems and families of laws demands that concepts which belong to the sciences of the most diverse systems and families of laws be subordinately arranged under the corresponding concept of general jurisprudence. Consequently the material to be taken into consideration will be the norms of the most diverse systems and families of laws.

Here,—where the point is to take the first step toward a scientific comprehension of teachings which pass judgment on law, the State, and property in general, not only on the law, State, or property of a particular system or family of laws,—the concepts of law, State, and property must necessarily be defined as concepts of general jurisprudence. For a scientific comprehension of teachings which deal with the common substance of the most diverse systems and families of laws demands that concepts of this common substance—consequently concepts belonging to general jurisprudence—be formed. Therefore we have to take into consideration, as our material, the norms (especially regarding the State and property) of the most diverse systems and families of laws.