Modern French Legal Philosophy

Cover Modern French Legal Philosophy
Modern French Legal Philosophy
Alfred Fouille
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248 post. ] 126 RECENT PHASES [ Ch. XI sonality, to regard the State, in opposition to the indivi- dual, as also a subject of the law. It has been possible at certain epochs for these doctrines to be utilized. They have furnished a means of limiting the absolute power of the State, of checking arbitrariness in government and tribunals, and of greatly furthering the progress of public law. But like all artificial principles, they lead to un- sound conclusions. They falsely oppose the individual ...to the State, so that whatever is lost by the one appears to have been gained by the other. They assign fixed, invariable limits to the State, whereas in reality these limits vary with the times, with the social environment, with circumstances, and with the character of the citi- zens. They determine these limits negatively rather than by conferring positive attributes upon the State. They are in contradiction to the law of evolution; the claim that the rights of man can be fixed by immutable, universal rules is incapable of realization.

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