Le positivisme sociologique : l'itinéraire de Léon Duguit

Pinon, Stéphane

doi:10.3917/riej.067.0069

Cited by 6 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…As suggested above, Duguit belonged to a small group of lawyers who, during the Third Republic, sought to integrate some of the insights of sociologists into legal scholarship. He began his career as an organicist, endorsing a view of state and society as living beings (Pinon, 2011: 72). However, he progressively moved away from such assumptions.…”

Section: Carl Schmitt’s Criticism Of Léon Duguit and éMile Durkheimmentioning

confidence: 99%

“…Despite this evolution in his thought, Duguit’s concept of society remained stable overall: he saw societies as tightly integrated units, as entities whose members all share approximately the same beliefs and conceptions. Importantly for us, Duguit claimed to have been motivated to adopt this view by his reading of Emile Durkheim (Colliot-Thélène, 2009; Didry, 1990; Pinon, 2011). He drew on Durkheimian sociology to develop a criticism of some of the core categories of legal thought – first and foremost the category of sovereignty, which he took to be a dangerous notion of absolute power akin to absolutism, nationalism and militarism (Duguit, 1922).…”

Section: Carl Schmitt’s Criticism Of Léon Duguit and éMile Durkheimmentioning

confidence: 99%

“…He was not uncritical of certain aspects of the work of the sociologist from Epinal. For instance, he rejected the concept of collective consciousness, fearing in particular (similarly to Kelsen) that it could easily be simplified into a theory of society as a superindividual being (Pinon, 2011: 81). It is true that he contributed to introduce into legal studies some notions (such as solidarity or interdependence) which he borrowed from sociology.…”

Section: Carl Schmitt’s Criticism Of Léon Duguit and éMile Durkheimmentioning

confidence: 99%

See 2 more Smart Citations

Law contra sociology: The critique of the social sciences, especially Durkheimian sociology, by Kelsen and Schmitt

Terrier

2017

Journal of Classical Sociology

View full text Add to dashboard Cite

This article explores the reception of Emile Durkheim in Germany at the beginning of the twentieth century. In recent years, the classical assumption according to which sociology is neatly organised in distinct national traditions has been challenged. This article further contributes to this challenge by analysing the case of two prominent German-speaking legal scholars, Hans Kelsen and Carl Schmitt. Despite major differences in their political and scientific outlook, both argued against the encroachments of the social sciences into the field of legal studies. This article shows how Kelsen mounted a polemic against Durkheim, on the basis of a first-hand knowledge of his writings. Kelsen believed that Durkheim committed several errors. In particular, he interpreted Durkheim’s famous sentence according to which ‘social facts must be treated as things’ as a clear sign of a materialistic, deterministic and positivistic attitude which neglects the power of ideas and norms. Schmitt targeted sociology by way of a criticism not of Durkheim but of Léon Duguit, who had been inspired by Durkheim and pleaded for a collaboration between legal scholars and social scientists. According to Schmitt, a sociological approach to law amounts to a dangerous denial of the centrality of the state in politics.

show abstract

Section: Carl Schmitt’s Criticism Of Léon Duguit and éMile Durkheimmentioning

confidence: 99%