Solidarity. Political and legal ideas of L. Dyugi...

Solidarity. Politico-legal ideas of L. Duguy

In the first half of the XX century. The politico-legal doctrine of Solidarity was widely adopted. One of the main representatives of this trend was a prominent French sociologist, professor of the customs Leon Dyugi (1859-1928) - author of the theory of the "supraclass" corporate state.

L. Dyugi was born and spent his entire life in France. From 1886 until the last days of his life, Dugu was a professor at the University of Bordeaux, and in 1919 he was also a dean of the Faculty of Law, where he taught courses in constitutional and administrative law.

His main works are: State, objective law and positive law (1901); "Constitutional Law" (1906). However, the study "Social Law, Individual Right and the Transformation of the State" (1908) and the popular science essay "General Transformations of Civil Law from the Times of the Code of Napoleon" are of particular importance for the presentation of the doctrine of solidarity. (1911).

Based on the ideas of his predecessors - French sociologists Auguste Comte, Emile Durkheim - L. Dugu developed the concept of social solidarity, the basis of which is the social division of labor between classes.

L. Dugui did not recognize the theory of "scientific socialism"; and the doctrine of the struggle of Marx's classes. Dugee writes: "We are not going to destroy one class by another, but, on the contrary, to the coordination and hierarchy of classes". In the theory of the scientist, the connections that unite people in society are the bonds of social solidarity; The cooperation of classes and social groups is regulated by social norms based on solidarity.

The fact of social solidarity, L.Dyugi considered, is realized by individuals and generates a norm of social solidarity: "Do not do anything that violates social justice, and do everything possible to implement it and increase."

The norm of solidarity is not a norm of morality, but a legal norm, since it concerns only external manifestations of the human will. The norm of solidarity stands above the state and positive legislation, which only serve to implement it. The norm of social solidarity creates for the individual the right to perform the "social duty" in accordance with the position that this person occupies in the system of social solidarity.

Duguiti developed a project for the positive organization of society, in which only social responsibilities are recognized for individuals. The independent status of an individual as a subject of law and, in particular, of her subjective rights, is rejected by scientists: "an individual has no right, he has only social obligations". Subjective rights, according to Dyugi, disunite members of society. The Thinker proposed to replace the concept of subjective law with the concept of social function. The individual is not the goal, but the means to perform a certain work in the matter of social construction. The state imposes a hand on property, which is regarded as a social function. Private property is a social duty carried out in the interests of the common good. Property is used only to maintain public solidarity, and only within these limits it is protected by the state. L. Dyugi believed that property is socialized and ceases to be an absolute right, - "ownership" is transformed for the owner in "social debt". "The capitalist class has a special role: to collect capital and give it to enterprises."

The idea of ​​socialization of property found in the XX century. reflection in the constitutions of a number of countries: the German Constitution of 1919; The Constitution of Japan of 1947; The basic law of the Federal Republic of Germany in 1949. Article 14.2 of the Basic Law of the Federal Republic of Germany of 1949 establishes the following: "Property obliges. The use of it must at the same time serve the common good. "

Dugui negatively treated the ideas of equality and natural human rights, arguing that people are unequal in nature, occupy this different position in society in accordance with this and must have a different, not the same legal status.

Dugui was also very negative about the doctrine of the class struggle, calling it "disgusting doctrine". Regarding the social reform of the society, Dyugi expressed his confidence that the modern society is moving towards the "federalization of classes", which will be organized into syndicates and will provide social solidarity. This concept was called "syndical federalism". In accordance with it, each class is united on a professional basis into trade unions (syndicates). Relations between classes are regulated not by laws, but by treaties. The combination of syndicates in federation will lead to the decentralization of political power, to political and legal pluralism. The power will be distributed among the syndicates, which will perform various socio-economic and political tasks. The activities of the central government will be reduced to control and supervision and will be directed by a ward formed from representatives of all syndicates.

It should be noted that some of the ideas put forward by Leon Dyugi are still being applied today: for example, in Norway, the working hours and the minimum working hours are determined by the agreement of employers 'and workers' organizations.

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