TY - JOUR AU - Cotterrell, Roger PY - 2013/10/24 Y2 - 2024/03/28 TI - Classical Social Theory and Ideas of Responsibility and the State in France and Germany JF - Comparative Law Review JA - CLR VL - 15 IS - 0 SE - Studies and articles DO - 10.12775/CLR.2013.002 UR - https://apcz.umk.pl/CLR/article/view/CLR.2013.002 SP - 21-44 AB - <p>  Social theory can aid comparative legal studies by revealing currents of social ideas in which law develops. A comparison of major contributions to French and German social theory between the mid-nineteenth and the early twentieth century presents striking contrasts in understandings of the nature of legal responsibility and the function of the state. It shows two different movements of thought: one elaborating a view of law mainly as a technology of government overseeing and co-ordinating individual interests; the other emphasising the law’s importance in nurturing social solidarity and facilitating collective responsibility.</p> ER -