The Research On The Law Theory Of Lèon Duguit’s Social Solidarity

The purpose of this article to research on the theory of Lèon Duguit’s social solidarity, is to ascertain the source of the principle of the law and its scope in an more accurate way. This principle could lay a foundation for the ruler’s responsibilities and power, therefore restrict their behavior and exert a positive obligation on them at the same time. In this article,the principle of the law which Lèon Duguit advocates is based on the objective law,which lays its foundation on the Social Solidarity. This kind of objective law not only been reflected in the domestic law, but also the international law. And the statute law must be based on the objective law, the objective law impose its restrictions on the Rulers and the ruled in the same way.In terms of root cause,Lèon Duguit insists on that the law is a kind of science. He lays the law on the basis of absolute positivism and he is the opponent of all kinds of metaphysics. In his view, the basis of the absolute positivism is social solidarity. Solidarity means collaboration. Social solidarity refers to a kind of relationship which is interactional and interdependent between the people in the society, Lèon Duguit divides this kind of relationship into two kinds. Firstly, based on their similarity, people interrelate with each other. This kind of similarity means that, all people have the nature of survival and pain relief, and have the same needs and desires, so they have to live together and help each other to get better life. Secondly, based on the division of labor, people interrelate with each other. Apart from people’s similarity, people have completely different ideas, desires and needs. With the development of the civilization, the difference is becoming bigger and bigger. So people will inevitably be in a kind of solidarity by the division. And due to the difference between each other is bigger and bigger, the desire to service with each other, as a whole, in a larger range, will be stronger. As far as Lèon Duguit is concerned, this kind of social solidarity, which is described in the above, is a kind of social relationship which could be observed really. And it is a fact in all human society. From a purely scientific point of view, the social solidarity can be the foundation of the law. On this basis, Lèon Duguit expounds some basic questions of law in a systematic way, such as the sources of law, the boundaries of the law, the law’s mandatory and binding, the source of right, and the relationship between law and the country and the rulers and so on.I want to do some research on the theory of Lèon Duguit’s social solidarity systematically and interpret it in the right way, on the basis of previous studies. And try to answer some fundamental questions of the jurisprudence tentatively in my way, such as what is the law, how to control countries and their rulers through the law. Also want to provide some helpful insights for the legal construction of China.