Tag: french, legal, positivism, revolution

Hauriou, became a crown witness for us when he confirmed this connection in 1916, in the midst of WWI: “The revolution of 1789 had no other goal than absolute access to the writing of legal statutes and the systematic destruction of customary institutions. It resulted in a state of permanent revolution because the mobility of the writing of laws did not provide for the stability of certain customary institutions, because the forces of change were stronger than the forces of stability. Social and political life in France was completely emptied of institutions and was only able to provisionally maintain itself by sudden jolts spurred by the heightened morality.

The essence and value of the law lies in its stability and durability (…), in its “relative eternity.” Only then does the legislator’s self-limitation and the independence of the law-bound judge find an anchor. The experiences of the French Revolution showed how an unleashed pouvoir législatif could generate a legislative orgy.