Statul – metaforă şi realitatea juridică
The State – a legal metaphor and reality

Summary/Abstract: Conceived as a discursive analysis the article points out a series of questions that the concrete study of the state concept can explain. „Doctrine Concept” or „Theoretical Classification”, the state is used by specialists to know and analyze legal phenomena. But because it is both a historical reality and a theoretical construction, its definition proves to be not an easy way. I am witnessing, in this sense, the three theories – of the state-authority, represented by Maurice Hauriou, of the state-service, which has as promoter Léon Duguit, and the rule of law of Hans Kelsen – who were confronted in an attempt to define the state.

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