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Les droits contre la loi ? : une perspective sur l’histoire du libéralisme

Abstract : "Through a philosophical history of the idea of law, the paper presents the shift that liberalism took on the continent and particularly in France, between its formation in the 17th century and its reality today, backed up by the growing involvement of the judiciary. A "liberalism of rights" in which the legal power has become a more active player than the legislator has replaced the "liberalism by law" of the great classics (Locke, Montesquieu, Kant). In its original conception, it is the citizen’s obligation towards the law which is decisive for common liberty; in its present conception, it‘s the citizens’ ability to make their rights and even differences and identity known that is more important. The "Republic of differentiated rights" has become our problem, in theory (to invent) as well as in its practical developments, and "republican liberalism" in the present day is still an unidentified object."
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Lucien Jaume. Les droits contre la loi ? : une perspective sur l’histoire du libéralisme. Vingtième siècle. Revue d'histoire, Presses de Sciences Po, 2005, pp.21 - 29. ⟨hal-03458884⟩



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