Abstract

The question of the relationship of the State and the law is one of the oldest questions of the history of the theory of state. It is one of those fundamental issues which can be regarded as real dividing lines: the decision one takes in this theoretical question determines a lot in the thinker's later theory. It is difficult to find the reasons for this phenomenon. One might argue that this is so because these two concepts are so basic, that while one has to use them quite frequently, one would hardly dare to define them. But even if we accept this aversion from clearcut definitions, the explanation of why the relationship of these two concepts is so important is an unavoidable task for a number of reasons.