Analysis Of The Ideological Origins Of Duguit ’s Legal Theory

Leon Duguit is French modern famous thinker and jurist. He is the founder of "socialsolidarism jurisprudence". On the one hand, the theory of Duguit have had a profound impacton the academic and political life, on the other hand, has been criticized by many scholars.Although his legal thought in the theory of the law is not the mainstream, but he has a veryhigh position in the law theory circle to answer these seemingly contradictory questions,in-depth understanding of the theory of Duguit history is a necessary link. The purpose of thisstudy is to reveal the important ideological origins. The significance of the study isthat through the analysis of this article, in order to provide help for the later researchers whohave studied the issue, and finally to the status of the theory of Duguit in the history ofideas to do a more comprehensive evaluation.This paper consists of the first to five chapters and conclusion. The first chapter is mainlyon the theory of Duguit’s life, works, and influence the introduction,put forward aboutthe problem, purpose, significance, research methods and literature review. The secondchapter mainly combs the theory of Duguit’s main part, the relationship between the main partof the contribution, and in-depth analysis of the theory of Duguit, to do the theoreticalgroundwork for the research of the next three chapters. The third chapter positivismand sociology of Duguit thoughts, main analytical positivist philosophy, sociology andresearch methods, as well as Durkheim’s theory of Duguit influence social solidarity. Thefourth chapter reflects the tradition of natural law is ignored and the characteristics of nonpositivist factors in the theory of Duguit, reveal the characteristics and analysis ofhis reason,this chapter is divided into three sections, each chapter also can be seen as a pointof argument. The fourth chapter reflects the tradition of natural law is ignored and thecharacteristics of non positivist factors in the theory of Duguit, revealthe characteristics and analysis of his reason,this chapter is divided into three sections, eachchapter also can be seen as a point of argument. The fifth chapter out of positivism andnon- division of positivism, belongs to the continental law system the internal from thenational level, the influence of German jurist thought on theory of Duguit.Thischapter presents three important ideas : Jelinek’s "subjective public rights" theory,Jhering’sobjective law and utilitarianism,and the influence of the Historical School oflaw view of Duguit. Finally, the summary of the above analysis the author summarizes theviews, also points out the significance and limitations of the theory research, thispaper’s contribution.To sum up, the main work of this paper is the theory as of Duguitjurisprudence history analysis, not only analyses the familiar positivismand sociology of Duguit, also analyzed the factors such as natural law of non positivism in thetheory of Duguit, also specifically pointed out that in the ethnic contradictions complex thehistorical background, several important German jurists also have great influenceon the theory of Duguit. Of course, the theory of Duguit ideological origins of grasp isnot comprehensive, the author can only do their best, the research direction in thistiny provide some incremental knowledge to the reader.