Legal Theory and Philosophy Challenged by the Omnipotence of the State
Legal Theory and Philosophy Challenged by the Omnipotence of the State

Summary/Abstract: In this text, the author tries to reactivate some of the key legal and theoretical insights of Montesquieu and Weber for understanding the modern functioning of the State as an entity which, in relation to the ancient concept, has erupted into its own opposite. Both thinkers, each in his own way and using the original typology, warn of the possibility of a distortion of a State which, instead of the means to establish a fund between the “subjects” of a community, becomes a goal for itself. The author points to the relevance of above-mentioned thinkers’ indication to the necessity of finding such modes that would limit the authority so that it is not abused. The author in the article insists on this possibility which, according to his view, represents the essential characteristic of the State (post) modern era. The author concludes that the State is completely abolished of the entelechy aura of a man’s companion on the path of improvement: it has become a power emanation, a mechanized apparatus that serves as a mere instrument for the single motive of achieving and maintaining the force of pressure and the suffocation of individual freedoms and rights.

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