The Change Of Public Law Foundation

Leon Duguit(1859-1928)is one of the most distinguished French jurists in the 19 th century,who devoted his life to the study of public law.With the history of national development,the theory of sovereignty has been unable to solve some problems in the process of social development,and it should be replaced by the theory of public service.The public service theory of Duguit is still based on the view of modernity.The construction process of public service is a critical step process.Undoubtedly,the role of public service theory is huge,which not only brings about the change of French public law,but also affects the development of public law theory throughout the twentieth century.However,there are some defects in the theory of public service.Based on the current public law development,the critical absorption of the public service theory is of great significance to the development of public law.The first part focuses on the rise and fall of the 19 th century theory of sovereignty.Taking the French revolution as the starting point,the theory of the dominant position of French after the revolution is the theory of sovereignty.In the theory of sovereignty,Rousseau's liberal thought was emphatically analyzed,and the reason for the decline of the theory of sovereignty was revealed through his criticism.Tthe second part focuses on how the theory of public service is established..Starting from the cultural background of 19 th century France,the theoretical basis of public service theory is analyzed emphatically.Among them,the author mainly talks about the realism philosophy of comte and the joint ideology of durkheim.Then it analyzes the reason why the public service theory can be established,namely the theoretical framework of public service.Finally,it reveals the exact meaning of the public service theory proposed by Duguit on this basis.The third part mainly evaluates the theory of public service.Dialectical method is used to analyze the advantages and disadvantages of the public service theory.Explain its value.Analyze its possible defects.