Abstract

To assess the influence of law and jurists in the conduct of contemporary French state, this article examines the role of the Council of State at ENA (École Nationale d'Administration), the main school for top civil servants. Although the study reveals the decreasing part of law in the bureaucratic capital over the past fifty years, it also shows how government lawyers have resisted this downsizing process. The teaching of a subject called ‘legistics’ provides top officials with a different view of law. Dedicated to promoting the political utility of law, legistics complies with managerial values while it sticks to the Weberian model of bureaucracy. As a result of the introduction of legistics, new techniques of legal drafting have been spreading within French public administration. Legistics thus plays a role in the contemporary reshaping of public legal practices, as well as in the renewing of legal legitimacy in the reform of public affairs.

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