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A State, that is to say, which aims at giving to men the full capacity their trained initiative would permit is compelled to regard certain things as beyond the action of an ordinary legislature. What Stammler calls a "natural law with changing content" a content which changes with our increasing power to satisfy demand is essential if the state is to live the life of law.
Rudolf Stammler says, after showing that the necessity of the influence of Law for human society cannot be proved a priori: "It is the theory of Anarchism which must lead us with special force to a train of thought that has never yet appeared in the literature of legal philosophy, although it makes clear, in a manner universally valid, the necessity of legal compulsion in itself and justifies legal organisation.
Probably the best known novel which adopts in considerable measure the style of Tristram Shandy is Wezel’s once famous “Tobias Knaut,” the “Lebensgeschichte Tobias Knauts des Weisen sonst Stammler genannt, aus Familiennachrichten gesammelt.” In this work the influence of Fielding is felt parallel to that of Sterne.
Therefore social progress can only be made by perfecting law as handed down by history, according to its content, and not by abolishing legal compulsion as such." Stammler, Die Theorie des Anarchismus, Berlin, 1894, p. 42. These conclusions block the way for the mischievous misapplications of distorted expressions of an exact thinker such as Ihering.
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