1992 •
Sur l'usage des concepts juridiques en histoire
Authors:
Michel Troper
Abstract:
The use of juridical concepts in history. How legitimate is the use by historians of juridical concepts ? The author examines this question in the context of François Furets' hypothesis that the king of France had already been entirely removed from power by the end of 1789. This hypothesis is based on two arguments : first, the French Assembly applied the dogma according to which the unity of sovereignty could only reside in the Assembly itself; second, the right to suspensive veto did not make him into partial legislative organ. Neither of th (...)
The use of juridical concepts in history. How legitimate is the use by historians of juridical concepts ? The author examines this question in the context of François Furets' hypothesis that the king of France had already been entirely removed from power by the end of 1789. This hypothesis is based on two arguments : first, the French Assembly applied the dogma according to which the unity of sovereignty could only reside in the Assembly itself; second, the right to suspensive veto did not make him into partial legislative organ. Neither of these propositions resists examination. The meaning of the concepts of sovereignty and suspensive veto can only be provided by legal theory. The latter reveals on the one hand that the Assembly applied with respect to the question of legislative power concept of sover eignty which posed no objection to the establishment of two legislative organs, and, on the other hand, that the right to suspensive veto in genuine legislative power. (Read More)
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