Tommaso Pavone. “Lawyers, Judges, And The Obstinate State: The French Case And An Agenda For Comparative Politics.” French Politics, vol. 18, no. 4 (2020): 416-432.
This article revisits the classic thesis of France as an “obstinate state,” known for the resilience of its centralized authority, by showing how lawyers and judges have quietly shaped political development in ways that challenge this narrative. Through a historical and institutional analysis, the author reveals that legal professionals have served as unexpected catalysts of change—even in contexts traditionally considered inhospitable to legal activism, such as civil law systems without strong judicial review or authoritarian regimes lacking judicial independence.
For attorneys in backsliding democracies, the article underscores the transformative potential of legal actors operating within constrained systems. It invites a rethinking of where and how institutional reform can occur, suggesting that legal professionals can push for accountability and democratization even in states that appear rigid or impervious to change. The article calls for a broader comparative research agenda that centers legal professionals as critical agents in political development.