Lawyers, judges, and the obstinate state: The French case and an agenda for comparative politics

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Abstract

In the field of comparative politics, France is often taken to exemplify the resilience of the centralized modern state. Stanley Hoffmann popularized this thesis by highlighting the French state’s “obstinacy” despite post-war reform efforts. This article revisits Hoffmann’s obstinate state thesis by tracing how lawyers and judges shaped French political development. I demonstrate that continuity in French officials’ claims to centralized power belie a deeper story of how legal actors catalyze institutional change in unlikely places: in civil law countries without a history of judicial review, in authoritarian regimes without regard for judicial independence, and in seemingly monolithic states without much room for democratic self-governance. These findings compel a comparative research agenda placing lawyers and judges at the center of the study of political development.

Original languageEnglish (US)
Pages (from-to)416-432
Number of pages17
JournalFrench Politics
Volume18
Issue number4
DOIs
StatePublished - Dec 2020
Externally publishedYes

Keywords

  • European integration
  • Governance
  • Institutional change
  • Judicial politics
  • Legal mobilization
  • Political development
  • Political liberalism

ASJC Scopus subject areas

  • Sociology and Political Science
  • Political Science and International Relations

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