Maurice Hauriou

Maurice Hauriou (Ladiville, Charente 1856 - Toulouse 1929) was lawyer and senior of the Faculty of Law of Toulouse of 1906 to 1926.

French jurisconsult at the origin of a singular and important work concerning the public law and in sociology, Hauriou wrote in particular on the theory of the institution and the public power. Its work constitutes an abundant comment of the decisions of the administrative authorities. Its theses proposed a vision of the State as public power of which nature even would justify a right of exception. Thus Hauriou it attempted to make the demonstration of a public law arranged hierarchically in lower part of a higher and sovereign power. Its analysis, turned towards these doctrines, often moved away from the substantive law to come to support its own vision of the administrative law.

Theory of the institution

Maurice Hauriou worked out, within an evolutionary framework, the theory of the institution and foundation .

For him the Institution is " a project of work or company which is carried out and lasted juridically in an social environment. For the realization of this project a capacity is organized and gets bodies to him. In addition, the members of the project are interested in the realization of the idea. It occurs demonstrations of communion directed or organized by capacities and regulated by procédures."

It notes a slow social evolution and identifies two institutions: those alive and those inherent .

The inherent institutions result from a double process of incorporation and personification .

The incorporation , it is an organized capacity. An institution ceases being reduced to the individuals; it has an individuality.

The personification , it is the effective community, the demonstration of two communions: institution and people. A close link exists between the institutions and the right.

The alive institutions need the right to exist (three types of right). They are the rights institutional , statutory and disciplinary which is used by the institutions.

In finae , the State is a formed complex institution of an articulated unit.

See too

Related articles

External bonds

  • article of Gilles Jeannot, “the theory of the institution of Maurice Hauriou and associations”, Yearly of urban research , 2001, n° 89, pp. 18-22 (latts.cnrs.fr)

  • article of Eric Millard, “Hauriou and the theory of the institution”, Right & company , 1995, n°30-31 (www.reds.msh-paris.fr)

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