Reconnaissance et désaveu: contribution à une théorie du droit politique

The concept of « droit politique » implies that law should not be analyzed through the question of obedience, which concerns only the individual, but through the question of acknowledgment : on a collective scale, the sovereign has to be acknowledged by his subjects in order to issue law. If the majority is not acknowledged, as well, by the minority, there is no political community, and hence no valid law. As a consequence, the “droit politique” will emphasize, more than the rule in itself, the way in which it is understood by the subjects, whether it is acknowledged or disowned by them.