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Which jurist argued that legal rules derive from social solidarity and can exist before the state…

Léon Duguit argued that legal rules arise from the ties that make people depend on one another. He held that such rules can exist before the state recognizes them or…

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Which jurist argued that legal rules derive from social solidarity and can exist before the state recognizes or enforces them?

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Answer and explanation

Correct answer A

Léon Duguit argued that legal rules arise from the ties that make people depend on one another. He held that such rules can exist before the state recognizes them or organizes their enforcement.

Jhering's account of law and force was distinct from Duguit's. Lloyd wrote a later jurisprudence textbook. Comte discussed solidarity as a form of social sympathy.

Option feedback

Option A

Duguit grounded legal rules in social solidarity. In his account, state recognition and organized enforcement can come later.

Option B

Duguit distinguished his own theory of social solidarity from Jhering's account of law and force.

Option C

Lloyd wrote Introduction to Jurisprudence. Duguit set out the theory described in the question decades earlier.

Option D

Comte discussed solidarity as a bond among people living at the same time. Duguit used solidarity to explain how legal rules arise before state recognition or enforcement.

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