Departmental Bulletin Paper フランスにおける権利概念の展開 : フランス革命から第三共和政を中心に
Concept of Legal Rights in France from the French Revolution to the Third Republic

水林, 翔

15 ( 2 )  , pp.345 - 398 , 2016-07-10 , 一橋大学大学院法学研究科
This article discusses the history of the concept of rights―especially, property rights―. In Japan, professors of constitutional law generally describe the concept of property rights in the French Revolution as relating to the abolition of feudalism and the arrival of capitalism. But, according to economists, the industrial revolution in France began around the 1840s. So this article re-examines the history of doctrines about property rights from the French Revolution to the Third Republic. In the period of the French Revolution, a primary aim of revolutionists was to destroy feudalism. Then, from the enactment of the “Code Civil” in 1804 to 1830s, principal interpretations of property rights made by Portalis, Proudhon and Toullier were more moderate and these professors treat property rights as subject to common interest. But, around the 1840s, the industrial revolution started and professors of this epoch such as Demolombe and Renouard attempted to fortify capitalism by insisting that property rights are inviolable. In the Third Republic, such doctrines were criticized by Léon Duguit and he constructed a moderate concept of liberty. Also, he was one of the first professors to construct the concept of social rights.

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