DUGUIT (Léon) – THE TRANSFORMATIONS OF PUBLIC LAW 2nd printing Reprint of the 1913 edition by Armand Colin
DUGUIT (Léon) – THE TRANSFORMATIONS OF PUBLIC LAW 2nd printing Reprint of the 1913 edition by Armand Colin
DUGUIT (Léon) – THE TRANSFORMATIONS OF PUBLIC LAW 2nd printing Reprint of the 1913 edition by Armand Colin
    DUGUIT (Léon)
    TRANSFORMATIONS OF PUBLIC LAW 2nd printing Reprint of the 1913 edition by Armand Colin
Édition :
    Paris
Date :
    1999 [1913]
    12 x 19 cm., paperback, printed in France, "Imprim'vert®" label, XIX-285 p.
    With the exception of his major treatise on constitutional law, Léon Duguit's works have never been made available to the public. Therefore, it was decided to create a dedicated collection, the Léon Duguit Library, which will strive to reprint the author's most important texts, whether complete works or collections of articles and lectures. "The principle of the entire modern system of public law is summarized in the following proposition: those who actually hold power do not possess a subjective right to public authority; rather, they have a duty to use their power to organize public services, to ensure and oversee their operation. Their actions are binding and have legal force only if they are directed toward this goal." Public law is no longer a set of rules applying to legal subjects of different orders, one superior, the others subordinate, one having the right to command, the others the duty to obey. All wills are individual wills; all are equal; there is no hierarchy of wills. All wills are equal if one considers only the subject. Their value can only be determined by the goal they pursue. The will of the ruler has no force as such; it only has value and force insofar as it pursues the organization and operation of a public service. Thus, the notion of public service replaces that of sovereignty. The State is no longer a sovereign power that commands; it is a group of individuals possessing a force that they must use to create and manage public services. The notion of public service becomes the fundamental notion of modern public law. The facts will demonstrate this. (Excerpt from the introduction, pp. XVIII and XIX)

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