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" "Public services, in other words, are owed by the state — and its governors — to the governed. They are nothing like a favor that the state generously extends toward the governed, despite the negative connotations years of liberal polemics have imposed upon the phrase "the welfare state." , one of the most important theorists of the public service, made this fundamental point at the beginning of the twentieth century: it is the primacy of the duties of those in power in relation to the governed that forms the basis of what we call the "public service." For Duguit, public services are not a manifestation of state power, but a limitation of governmental power. The public service is a mechanism by which the governors become the servants of the governed. These obligations, which are imposed on those who govern as well as the agents of government, form the basis of what Duguit calls "public responsibility." This is why the public service is a principle of social solidarity, one which is imposed on all, and not a principle of sovereignty, inasmuch as the latter is incompatible with the very idea of public responsibility. This conception of the public service has largely been suppressed by the fiction of state sovereignty. But the public service nonetheless continues to make itself felt by virtue of the strong connection citizens feel toward what they still consider to be a . For the citizen's right to public services is the strict corollary of the duty or obligation of state representatives to provide public services. This why the citizens of various European countries affected by the current crisis have demonstrated, in diverse ways, their attachment to public services in their daily fight against the coronavirus: for instance, the citizens of numerous Spanish cities have applauded their healthcare workers from their balconies, regardless of their political attitude toward the centralized .
Christian Laval (born 1953) is a French researcher on the history of philosophy and sociology at the .
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Second observation: we equally depend on the state to help businesses of all sizes endure this trial by providing them with the financial assistance and guaranteed loans they require in order to avoid bankruptcy and retain as much of their as possible. States no longer have any qualms about spending without limits in order to save the economy — "whatever it takes!" — while just weeks ago states opposed any request to increase hospital staff, hospital beds, or s, out of its obsessive concern for budgetary constraint and limiting the public debt. States have since rediscovered the virtues of interventionism, at least when it comes to funding and shoring up the . One of the most ambitious stimulus plans to date has been implemented by Germany. Their plan constitutes an abrupt break with the dogmas that have been the norm since the beginning of the .
Let us begin by examining the very nature of state sovereignty. Etymologically, sovereignty means "superiority" (from the Latin superanus), but superiority in regard to what? In brief, it is superiority in regard to any laws or obligations that threaten to limit the power of the state, both in its relation to other states and in relation to its own citizens. The sovereign state places itself above any commitments or obligations, which it is then free to constrict or revoke as it pleases. But as a , the state can only act through its representatives, who are all supposed to embody the continuity of the state over and above the daily exercise of their specific governmental functions. The superiority of the state therefore effectively means the superiority of its representatives over the laws or obligations that impinge upon them. This is the notion of superiority that is elevated to the rank of principle by all sovereigntists. But however unpleasant it may sound, this principle applies regardless of the of its leaders: what is essential is merely that one acts as a representative of the state, regardless of one's particular beliefs about state sovereignty. All the concessions that were successively granted to the EU by the representatives of the French state were acts of sovereignty — for the very construction of the EU, from the beginning, was based on the implementation of the principle of state sovereignty.
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It is important to keep this last point in mind, for it is crucial in terms of understanding the public character of the so-called "public" service. The precise meaning of the word "public" demands our full attention here, because it is too rarely recognized that the concept of "public" is absolutely irreducible to the "state." The term "publicum" designates not merely the state administration, but the entire community as constituted by all citizens: public services are not state services, in the sense that the state can dispense these services as it pleases, nor are they merely an extension of the state: they are public in the sense that they exist "in the service of the public." It is in this sense that they constitute a of the state toward its citizens.