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Chapter 5 - Sociopolitical Legal Studies in France*

Published online by Cambridge University Press:  20 April 2018

Mauricio García-Villegas
Affiliation:
Universidad Nacional de Colombia
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Summary

In France, the legal field took shape after the French Revolution, particularly during the period of codification at the beginning of the nineteenth century. At this time, the ideal of law, understood as the expression of the general will and as a founding myth of society, was consolidated. Rights were seen as a manifestation of the democratic state expressing the will of the people, and the legal system, particularly legal science, was seen as independent from society, as well as politically neutral. However, this French conception of law is neither a monolithic and rigid legal culture nor a fixed and undisputed legal myth. It has evolved throughout history as a result of contextual factors, as well as the different positions occupied by legal actors throughout French history. It is therefore a living culture that originated in the French Revolution, was consolidated during the twentieth century, and began to lose strength after the Algerian liberation war. The first part of this chapter contains a brief historical explanation of the French legal tradition, and the second analyzes the groups, currents, and tendencies that presently constitute the political sociology of law.
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Chapter
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The Powers of Law
A Comparative Analysis of Sociopolitical Legal Studies
, pp. 112 - 150
Publisher: Cambridge University Press
Print publication year: 2018

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