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L'analyse structurale des lois

Vincent Lemieux
Canadian Journal of Political Science / Revue canadienne de science politique
Vol. 15, No. 1 (Mar., 1982), pp. 67-84
Stable URL: http://www.jstor.org/stable/3230293
Page Count: 18
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L'analyse structurale des lois
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Abstract

The Structural Analysis of law. Rules of law can be considered as "planned" orders which prescribe relations of control between social actors. From a network perspective, control is defined as constraints on the variety of social communication. It bears upon the transmission of norms, of status, of human and material resources, of informational resources, and of controls themselves. Each of these dimensions allows for a structural analysis where different types of structures can be identified from the more centralized ones to the less centralized ones. These different types are named: coarchy, stratarchy, hierarchy, and anarchy. The electoral representation rule which was adopted by the Quebec National Assembly in 1979 is analyzed to illustrate such a method of analysis. It appears, as a result, that the structures of the more important control relations (those bearing on the transmission of norms and status) generally speaking are more centralized than the structures of less important ones (those bearing on the transmission of resources). Such a structural analysis can be applied to other "planned" orders: for example, regulations and decrees, constitutions and statutes of organizations. It also can be applied to "live-in" orders, that is to say to operative control relations, which are subject in various degrees to the "planned" orders.

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