| 英文摘要 |
In the turbulent background of the Weimar Republic, the national legal positivism cannot provide a satisfactory answer. Thus, causing the vigorous development of the national studies (Staatslehre). Among the many, especially Hans Kelsen, Carl Schmitt, Rudolf Smend and Hermann Heller. These four people have deep influence for the future: Kelsen’s legal positivism, Schmidt’s decision Thinking, Smend’s integration theory, Heller’s theory of democracy and social rule of law. Their theory stems from different spiritual levels and affects different political systems. It was received by Rudolf von Jhering and Georg Jellinek. The original author this Text, believes that Kelsen is extremely conceptually oriented to the conceptual logic of Jellinek’s national studies. Schmidt will present the national jurisprudence of social psychology. The concept of purpose, such as Jhering represent, once again played its role in legal thinking, helping Heller recombine the theory of state goals of the 19th century old national studies.
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