leads some people to see globalization as the expression of an immanent law not susceptible to any political or legal control
[...] Exposed by the opening of its commercial frontiers to the competition of the lowest social and fiscal common denominators, and to systemic financial risks, it is seeing its resources crumble away at the same time as its burdens increase. Having become a universal debtor, it generates a popula…
France contributed the third pillar of the social state: the theory of public services. One of its main architects was the jurist Léon Duguit. Strongly influenced by Durk
How should this ‘social state’ be situated within the history of the state as such? The Western state is not a timeless and universal institutional form, but an invention of pontifical lawyers between the 11th and 13th centuries—contrary to a tenacious legend that places the modern age in a direct …
[...] For an organism, the norms by which it functions are identical with its existence, whereas a society, in order to exist and maintain itself, must posit these norms outside itself. Kelsen perceived the necessary externality of fundamental norms, but this led him into the impasse of a purely fo…
