Secondly, egalitarianism in the name of a mystical demos had resulted in legislative will being equated with the general will, creating an overbearing centralization of power. These are drawn together through a union of individual wills, and this union is the institution of the state . So, what impact did this positivist, scientific turn have on the concept of droit politique? The Jacobins, in short, were sceptical about the value of assertions of popular sovereignty. Yet, the great strength of this tradition of droit politique has been its ability to hold in tension the relationship between norm and fact, legal and political, and between abstract and concrete. Le discours royal du 09 mars le confirme.
The critical distinction between liberal and despotic government is not the absence or presence of coercion: Only as equals are they transformed from a multitude into a people. The meeting of the third estate, comprising the legitimate representatives of the sovereign people, must be transformed into the national assembly. As an autonomous worldview, the political presents itself as a domain without limitation. To these aspects, and especially to the failure of the Revolution to establish a stable constitutional form, I now turn.
The significance of this claim is revealed when he argues that each type of order formed in the world operates according to its own fundamental laws. Tocqueville had issued an early warning in the mid-nineteenth century. He explains, first, that the sovereign created as a result of the foundational pact cannot be either a single person or a representative office: To these aspects, and especially to the failure of the Revolution to establish a stable constitutional form, I now turn.
They drew on the work of the philosophesespecially Montesquieu and Condorcet, in their attempts to trace the trajectory of human progress, but were critical of their methods. The modern political world founds itself on the division between public and private. Differentiation between state and society is created by the emergence of a distinct sphere of civil society.
Droit politique has been rejuvenated by political theorists working in a Marxist, or post-Marxist, tradition.
From Rousseau, he derives the principle that a regime acquires its legitimacy from popular sovereignty: Rather than locating the origins of political order in war and insecurity, Rousseau begins his inquiry into droit politique by first seeking the principles of legitimate government. In so doing, the disorder and uncertainties of the Revolution would be resolved.
It confers no rights: Their aim was to specify the fundamental laws of the political domain. The fundamental law of the political domain, he maintained, was the realization of equal liberty in conditions consttitutionnalisation solidarity.
Their primary goal was not the promotion of virtue but the maintenance of peace and for this an impartial rule structure — a constitutional arrangement of considerable institutional complexity — is required . First, despite the rhetoric of liberty, it had in fact been driven by egalitarianism. The authority of law is similarly bolstered by a political monopoly over the use of force. Droit politiqueDuguit suggests, is merely a scholarly invention that confers legitimacy on the exercise of force.
But this refers only to the phenomenon of positive law, conceived as an instrument of the ruling authority. The nation determines the constitutional form of the state by a pure exercise of sovereign will.
The paper considers constitutionnalisqtion pioneering contributions of Bodin, Montesquieu and Rousseau, examines the role the concept performed in revolutionary debates, and explains its subsequent development in the duegence and twentieth centuries. Authority is generated through the supply of collective goods — defence, law and order, and physical and social infrastructure — that enhance the security, wellbeing and happiness of subjects.
He makes this point in order to highlight another: The consequence was that the state came to be conceived as dissertagion functional institution that acquired its legitimacy merely through the delivery of collective services.
The state, he explained, cannot possess a will: Having explained the social conditions leading to the formation of the state, he turns to his major task: He argues, contrary to Bodin and Montesquieu, that a nation is not some cultural artefact defined by laws and customs and sanctioned by history.
A study of positive law is important, but it should not be confused with a deeper inquiry: With this claim, Abensour makes a direct connection with Jacobinism.
The sovereign is the public person formed by the union of all i. Innovators such as Saint-Simon, Comte and Durkheim situated themselves in a Cartesian tradition of thought defined as: But my objective here is only to consider the degree to which, during the revolutionary period, sound principles of political right had the prospect of being institutionalized in a new constitutional arrangement.
The Jacobins used constitutionnalisaton concept of natural right to bolster the legitimacy of the laws underpinning the Terror. Thirdly, the revolutionary spirit had imbibed a Rationalist mentality marked by a profound distrust of customary ways . He argues, first, that the foundational pact substitutes a political equality for whatever physical inequality nature may have established: