Il dialogo francese con l’Europa tra Monarchia e Repubblica: L’École de service public di Bordeaux

Abstract

From 1830 to 1914 a cultural revolution passed through France. Understanding these contradictions means understanding the political and institutional choices that after Sedan's defeat create a different way of conceiving the Republic and the construction of a general theory of law and state whose essential elements still resist today in the doctrine of public law. The intuition of Duguit and his school reacts positively to the solicitations of external events and is accustomed by the method to consider the effects of social phenomena on the legal system. This popular sentiment based on facts underlying civil society is reflected in the rationalization of the public service idea. This idea cannot be separated from a collaboration between the expression of the sovereigns of peoples who, through social solidarity, come to create a right as a set of rules for the solution of conflicts and with the aim of founding a community dedicated to research of the good of society.