186 



Chapter II. 

 Of the Functions of the State Generally. 



PAGE. 



§ 19 Of the Relation Between the Functions, and the Rights of the 



State. 244 



§ 20 Of the Essential Functions of the State 245 



§ 21 Of the Non-Essenlial Functions of the State 246 



§22 Of the Doctrine o{ Laissez Faire, or Administrative Nihilism. . 246 



1 23 Of the Utilitarian Doctrine 250 



§ 24 Of the Juristic Doctrine 250 



§ 25 Of the Organic Theory of the State 251 



§ 26 Illustrations of this Theory 253 



Chapter III. 



Of the Several Functions of the State. 



§27 Of the Function of Organization, and that of Administration. . 263 

 §28 Of the Sovereign and Subordinate Functions of the Govern- 

 ment 263 



§ 29 Of the Received Classification of the Sovereign Functions of 



Government 263 



§ 30 Of the So-called Executive Function 263 



§ 31 Of the So-called Legislative Function ; and herein of Judicial 



Legislation, or, Legislative Jurisdiction 264 



§ 32 Another Division of the Functions of Government 266 



§ 33 Of the Twofold Division of the Functions of Government 266 



§ 34 Theoretical and Historical Argument in Support of this Division 266 



I 35 Of the Judicial Function 267 



§ 36 Of the Administrative Function ; and herein 270 



(1) Of the Legislative Function 270 



(2) Of the Governmental Function 270 



§ 37 Of the Function of Political Organization 271 



Chapter IV 

 Of the Nature and Method of Jurisprudence. 



§ 38 Public Right a Branch or Department of Jurisprudence, or the 



Science of Right 275 



§ 39 Division of Jurisprudence, or Right 275 



§ 40 Right or Jurisprudence Part of the Science of Morality 276 



§ 41 Morality Distinguished from the Philosophy of jNIorality 276 



§ 42 Of the Moral Standard , ... 278 



§ 43 Of the Tlieoretical or Rational Standard ; and herein 279 



( 1) Of the Principle of Necessity 279 



(2) Of the Principle of Utility 279 



