Private Law

<p><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>This book is a translation of Book III of </span><em style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>The Doctrine of Law and State on the Basis of the Christian Worldview</em><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>. It provides Stahl's detailed outworking in private law of the principles of law developed in Book II. </span></p><p><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>Private law forms the cornerstone of individual freedom. Even so it is not derived from individual freedom which is what modern legal philosophy claims. Rather it is derived from the law of God which establishes the principles of which it is the further outworking. In line with the understanding of law as given in Book II of this series it establishes the institutions and authorities within which individual freedom can effectively function.</span></p><p><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>The law forms part of the ethical world. The two poles around which the ethical world revolves are the fear of God and full humanity. Both of these need to be given their due in a properly-regulated legal order. The problem with modernist law is that it only seeks man while being detached from what stands above man. Of the two parts through which the law is fulfilled - you shall love the Lord your God above all things and your neighbor as yourself - it has arbitrarily picked out the second while ignoring the first it has demolished the first of the two tables of the law while proposing to establish only the second (§. 21). </span></p><p><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>Therefore the rights of man - that shibboleth of modernist legal philosophy - receive full explanation only within the context of higher God-given legal principles. As such human rights do not serve as the source of law but as a secondary principle subservient to a higher law. That higher law establishes besides the free action of the individual family and property as the bases of private law.</span></p><p><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>The further outworking of this concept in rights of property contract the law of the family is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary individualism emotivism and primacy of the will.</span></p><p><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>Sections left out of the first edition have been included in this second edition of </span><em style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>Private Law</em><span style=background-color: rgba(255 255 255 1); color: rgba(64 64 64 1)>. The text has been corrected where necessary and improved where appropriate.</span></p>