The law between the state and the rule of law: An approaching about Leon Duguit’s theory os law and state

Abstract

The article aims to provide a comprehensive and detailed reading about the less studied Leon Duguit’s work. It starts, then, with the reconstitution about the theoretical background underpinning their thinking, namely the theories of Herbert Spencer and Emile Durkheim, and continues from there, with his conception of the state, the law, and the rule of law. Duguit’s theory, in the current context, questioning the role of the State and Law from phenomena such as multilevel constitutionalism and societal cosmopolitanism, can offer interesting answers and hence the need to revitalize it.