Right, Justice All books
How did law come about? How do different societies answer to the same need for justice? N. Rouland invites us to explore the many aspects of law. Through various societies, a constant question emerges: can Africans, Asians and Westerners all adhere to the same norms? Norbert Rouland is a professor at the University of Aix-Marseille-III, where he teaches judicial anthropology and the history of law.
The multiplying cases, the explosion of litigations, the sensational trials which catch the attention of the public : all are evidence of a growth in power of the judicial system, which we expect to be, at the same time, the arbiter of morals, the guarantee of public morality and responsible for the salvation of the people. But why dont we ask what things it cannot provide ? Isnt the idea of a judicial democracy just an illusion, which serves to hide serious problems ? The power of the judicial system is more worrying than exciting. It is an indicator of the discreditation of the State at the same time as a reduction in social cohesion. In the face of the fragility of democratic society, this book is a thorough reflection on the exercise of public power, affirming that the real role of the judge is not to take the place of the politic, but to diffuse the risk of democratic implosion by remaining the guardian of the promises at the very heart of republican laws. Antoine Garapon, a former judge and member of the editorial team of the journal Esprit, is the head of the Institute of Advanced Judicial Studies.
Inventor of the "right of interference", Mario Bettati, a professor of International Law, explains in this book the precise political circumstances and the legal context under which the right of humanitarian interference came about. This book is divided into four parts which follow both a chronological and a logical order. Beginning with interference as verbal denunciation, following with interference as medical assistance, he speaks of forced interference (Yugoslavia, Somalia and Rwanda) and finishes by dissuasive interference (courts for crimes against humanity and conflicts observatories). A thorough presentation of an important subject.
Imagine for a moment that you assist at a trial for the first time. There is no doubt that you would be struck by the strange procedure which happens in front of you, the judicial discussions. It is true to say that before being a moral faculty, judging is firstly an event. According to the author, before there were laws, judges and courthouses, there was a ritual. This book aims to unveil all these facets, showing by example how the public gallery is there to culpabilise and inhibit the defendant, in order to make him submit to the judicial order. Can judges avoid staging trials in order to judge well ?