BRAUD (Philippe) – THE NOTION OF PUBLIC LIBERTY IN FRENCH LAW, Preface by Georges Dupuis, Bibl. de droit public, vol. LXXVI
BRAUD (Philippe) – THE NOTION OF PUBLIC LIBERTY IN FRENCH LAW, Preface by Georges Dupuis, Bibl. de droit public, vol. LXXVI
BRAUD (Philippe) – THE NOTION OF PUBLIC LIBERTY IN FRENCH LAW, Preface by Georges Dupuis, Bibl. de droit public, vol. LXXVI
    BRAUD (Philippe)
    THE NOTION OF PUBLIC LIBERTY IN FRENCH LAW, Preface by Georges Dupuis, Bibl. de droit public, vol. LXXVI
Édition :
    Paris
Date :
    1968
    in-8, half-leather with corners, gilt title on spine with five raised bands, upper edge gilt, cover preserved, INVOICE FROM THE AUTHOR TO PROFESSOR WALINE, (spine sunned), good condition, [this book comes from the personal library of Marcel and Jean Waline], VI-476 p.
    “This is a truly remarkable work that will be a landmark in the field of public law. As Professor Dupuis notes in his brilliant preface, liberty is everywhere… But it took Mr. Braud’s work for us to have a comprehensive synthesis of the legal concept of public liberty. After an introduction outlining the issues at hand and recalling the evolution of the concept of public liberty, the book is divided into two parts in which the author successively addresses the “essence” and “existence” of public liberties. Public liberties are defined essentially as “state obligations” and “individual rights.” The second part is devoted to the creation and organization of public liberties. It will probably appear more conventional than the first, although it never gives the impression of being “previously seen”: Mr. Braud’s crucial contribution cannot be underestimated, even on these points.” It is certainly the developments in the first part, concerning the essence of civil liberties, that will most likely capture the specialist's attention. These are also the parts most likely to elicit reservations. Is it truly accurate to define civil liberties as solely state obligations (and negative obligations at that) and, consequently, as individual rights? Are they not also obligations of individuals? Does the opposition between individual rights and obligations not contain the source of certain (positive) state obligations and a determining factor in the very content of civil liberties? These are merely questions, for it must be acknowledged that Mr. Braud demonstrates a persuasive force in his analysis and a capacity for synthesis that disarms criticism. Add to this the clarity and simplicity of the style (and this is not, in our opinion, the least of the author's merits, for a subject that lent itself to obscure logomachy), a consummate skill in handling the most abstract concepts: these are all qualities that will help the reader to rethink the problems of public liberties. (J. Lamarque, RIDC n° 3/1970, p. 576).

Référence : 53948

Mots-clés : Fundamental freedoms, Constitutional law, Administrative law

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