REDISTRIBUIR POR MEIO DO DIREITO ?

Authors

  • Michel Miaille Université Montpellier 1

DOI:

https://doi.org/10.22409/conflu16i2.p398

Abstract

The paper’s question focus on the function of law: is it intended to be redistributive? Or, on the contrary, among all distribution operations, law is only a means of an operation that is related to several other techniques? Indeed, we have forms of economic redistribution, but also political and symbolical likewise. This means that the redistributive operation itself would be a component of social life, regardless of its form. We could only argue that all redistribution takes, one time or another, a legal form, as for once comes the time to redistribute, it is necessary to clearly identify the origin, the content and the beneficiary of such operation, and this is done, at least in our societies, through the law. This point, which seems simple and obvious, would then show that it is not law that redistributes, as it is only a technical vector of such operation, strengthening then a purely instrumental definition of law. Can we go further and find in law a real redistributive function?

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Author Biography

Michel Miaille, Université Montpellier 1

Professor Emérito da Faculdade de Direito e Ciência Política da Université Montpellier 1

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How to Cite

Miaille, M. REDISTRIBUIR POR MEIO DO DIREITO ?. Confluências | Interdisciplinary Review of Sociology and Law, 16(2), 11-15. https://doi.org/10.22409/conflu16i2.p398

Issue

Vol. 16 No. 2 (2014): Confluências

Section

Introdução

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