المذهب الوضعي الاجتماعي لليون دوغي و مساهمته في حلحلة الأزمات الدستورية اللبنانية

الملخص EN

By the early twentieth century, the need to re-evaluate the relations between state and society was brought to the political forefront, and the former revolutionary dogmas of the democratic, individualist and the sovereign republican state were placed under scrupulous investigation.

Figuring noticeably within the realm of theoretical jurisprudence, Duguit’s views on the sovereignty and personality of the state stood in contrast to those commonly accepted at his time.

Duguit’s dissatisfaction with the doctrine of sovereignty led him to question its very significance, thereby reconsidering the foundations of the state.

Through a process of demystification, Duguit denied the state any a priori subjective rights of sovereignty.

Duguit contends that the state is simply a group of men among whom a distinction between rulers and subjects has been established through a variety of historical circumstances.

For him, “objective law” is a spontaneous creation of the social milieu, of the social conscience, or the sum of individual consciences.

Individuals are therefore subjected to laws because they are a part of an integrated community.

Our study will begin with an in-depth examination of Duguit’s sociological positivism.

Next, we will apply his reformist constitutional ideas to resolve the Lebanese political crises, such as the presidential election and the establishment of a new electoral law.