6533b828fe1ef96bd1288b2e

RESEARCH PRODUCT

Reflexions on the introduction of the vocabulary of regulation in the field of law during the XVIIIth century and on its contemporary use

Oscar Ferreira

subject

social control[SHS.DROIT] Humanities and Social Sciences/Lawindependant administrative authorityregulatory authoritypouvoir neutre[ SHS.DROIT ] Humanities and Social Sciences/Law[SHS.DROIT]Humanities and Social Sciences/Lawautorité administrative indépendanteneutral powerconservative powerregulating powerautorité de régulationpouvoir conservateurpouvoir régulateurrégulation du social

description

According to a recurring lesson, the vocabulary of regulation would be of late introduction in the law language. Indeed, law professors substantiate this theory, conveyed by the sociologists : this word family would have first been introduced by the social sciences at the end of the XIXth century, before any use by the world of law. The present study tends, on the contrary, to demonstrate the existence and the continuity of the idea of regulation in law since the introduction, in the XVIIIth century, of the polysemous figure of the regulator ; a two-headed figure, applied as well to a power as to a judicial institution and to law, which separates and sometimes involves the regulation of a mechanism (at first constitutional and jurisdictional) and the social regulation (or social control), aiming for the preservation of the social and political structures.

https://hal.archives-ouvertes.fr/hal-01647745