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Rule and Order

The sociological problem of sovereignty, and thus the fundamental sociological problem of public law, is the relationship between rule and order. No one has yet denied that the problem of rule belongs in sociology; and no public law scholar, despite lawyers’ aversion to sociological questions, has been able to skirt the concept of rule. More controversial is the possibility of dealing with the concept of social order ontologically, and the legal fruitfulness of such an interpretation. This chapter shows that a public law theory could not manage without establishing independently the causal structure of its subject, the legal order. The problem of sovereignty is so muddled not least because jurisprudence has become entangled in the net of its terms, with no regard for causation.