Puplic Law Be yond Unit y of State and Law
Öz
In this essay, it is debated that whether public law can be comtemplated beyond unity
of state and law and in a position against the state. For this end, taking Duguit’s
criticism of sovereignty theory and critisism of private and public law dichotomy
as a basis, the view that considers Marxist communist hypothesis as the basic norm
of public service. Accordingly, communism should not be considered a mode of
production alternative to capitalism but as a totality of movements/demands/values
that aim at going beyond capitalism. Furthermore, beyond conditioning of primitive
vulgar communism, it should be considered as a basic norm over the state and
even a constitution of the world. The essay reaches this basic conclusion: “We are
not bound with the state nor ‘politics’ is our destiny. The simple state of collective
life is the ‘public law’ constituted by the public service principle depending on the
communist hypothesis.”
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