Georg Jellinek

Georg Jellinek (Leipzig, June 16, 1851 - Heidelberg, January 12, 1911), was a German university jurist and university professor of Austrian origin.

Biography

His father, Adolf Jellinek, Jew of Czech origin, was Rabbi, and his mother, Rosalie Bettelheim, was also a Jewish Jew and preacher rabina.

studied in Leipzig, he was a professor at the universities of Vienna, Basel and Heidelberg in 1891. In his works on philosophy of law and legal science, he maintains that sovereignty lies in the state and not in the nation, conception derived from the French Revolution, as stated in General theory of the State ( Allgemeine Staatslehre ), written in 1900.

In his General theory of the State , in the first book, the author begins to study what the method of the State's doctrine should be; The history of his doctrine, and the relations of the doctrine of the State with the rest of the sciences. To respond to this book, he wrote a book entitled " fragments of State " To talk about those territories that for their peculiarities did not fit in some way in the " General theory of the State ".

In his "second book" he addresses the issue of the State Social Social Dr. , where he analyzes the name of the State; his, her nature; the doctrines on the justification of the State; the purposes of the State; the origin and disappearance of the states, the fundamental historical types of states (ancient oriental, Hellenic, Roman state, the Middle Ages and the modern); The State and the Law.

In the "Third Book", called the General Theory of Political Law, analyzes the parts of public law; the legal situation of the elements of the State; the properties of the power of the State, the constitution of the State; the organs of the State, the representation and the representative organs; the functions and structure of the State; The forms of the State (monarchy and republic) the unions of states (apparent and legal) and finally what it calls the guarantees of public law.

In his book the declaration of the rights of man and citizen, 1895, Jellinek held the controversial thesis that both the French declaration of the rights of man and citizen of 1789, as The analogous American declaration comes, ultimately, the struggles to guarantee religious freedom.

In his work Jellinek, cites authors such as Laband, Zorn, Weber, Wundt, Fustel de Couulanges, Glafey, Carlyle, Weitzel, Pollock, Gierke, Gomperz, Gothein, Frantz, Comte, Simmel, Stein, Mommsen, Gourd, Gourd, Bryce, Hegel and many others.

Jellinek studies the State from two approaches: the legal and the sociological. In this great treaty the State is justified by its purpose, which is the reason for its existence.

From the sociological approach, the State is the association unit originally endowed with command power and formed by men who live permanently in a territory.

From the legal point of view, the State is a corporation or subject of rights and obligations, formed by a people, endowed with the power of original command and settled in a given territory.

State investigation must be carried out according to "types", which should not be only ideal but also empirical. The empirical type must only express the unification of notes between the phenomena, which will depend on the approach used by the researcher. Unification allows to extract what is common to phenomena.

Jellinek's work is systematic and denotes a positivist trend.

González Uribe states that Jellinek influenced the Neokantian schools of the Marburg Logistics School and the Baden axiological school.