SCELLE (Georges)
    WRITTEN REHEARSALS OF PRINCIPLES OF PUBLIC LAW, 1939-1940: Principles of General Public Law and Legal Technique, 1940-1941: The General Technique of Public Law and 1944-1945: Principles of Public Law, doctoral course
Édition :
    Paris
Date :
    1941
    , mimeographed bound in half mottled fawn morocco with corners, spine with raised bands, gilt title, superb copy, 281-526-275 p.
    A collection of three sets of handouts containing previously unpublished material from the author's work. The first set comprises two parts: External Techniques of Legal Theories (the social fact as legal order, the subject of law, and jurisdiction), and Internal Techniques of Law (the legal act and legal situations, social functions, the legislative function; with an appendix devoted to "treaties or the modification of the international legal order"). The second set of handouts contains a preliminary chapter on law (with a section on "public and private law, legal monism") and subsequent chapters on "the sources of legal order, institutional and conventional regulations, law and regulation in the National Socialist legal order, institutional regulations, pre-corporatist organization, and corporatism." We should particularly highlight the admirable chapter on National Socialist law, where the author undermines all the legal arguments put forth by either German or French authors who were under the influence of the Nazis at that time. He shows that the entire source of this law rests on the principle of Führung (leadership), and that if this principle is not accepted, “nothing else holds.” He emphasizes that this Führung has no legitimate counterweight, despite what some German authors may say, concluding—in what is probably a strong, albeit veiled, criticism—that ultimately the only possible resistance to Führung will come from the fact that the “Volksgemeinschaft (people) will no longer follow its Führer” (see p. 249). We should also note that the author draws a parallel between the “sociological” theory of National Socialist law and that of earlier French authors, such as L. Duguit and L. Le Fur. The third handout contains two parts: a general section on “General Concepts of Legal Techniques” and a special section devoted to the judicial function. It should be noted that the second part of this handout appears to be missing from Cujas's work. In our opinion, this is one of the most fundamental and least understood reflections on law, and one that is most necessary to re-examine today.

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