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 ?
Two of France's most celebrated lawyers demonstrate the power of skillfuloration and how it can subordinate the actual facts. Anyone that is fascinated by speech, judicial history, and the art of debate, will truly enjoy gaining the knowledge, power and sense of conquest that this book imparts as they learn from the masters how to use eloquence advantageously. Entertaining, savage and brillant, this dialogue promises to help all with the art of elocution.
Should the judicial system be reformed ? This question is at the centre of lively debates. It is to institutions such as the chancellery, courts of law and magistrates, that it falls to forge the judicial system, the deliverer of order, equilibrium and social cohesion. However, these institutions seem today to be weak, both in terms of organisation, and in methods of recruitment. It is thus necessary that changes are made. This is especially so as the duty of the judicial system is to operate in such a way that all individuals remain citizens, by delivering them judgements in a reasonable timescale which are certain to be respected. In this respect, it is a public service. The objective of this book is to assess the forms and the effects of a decisive reform in order to benefit our society.
Jean Gallot was born at the beginning of the century and studied in Paris. He rapidly made a reputation for himself as one of the most brilliant lawyers of his generation. In this book, he reflects upon the copious experiences of a lifetime, the cases he so ardently defended and his meetings with famous people of the time. This is a precious record of an era, as well as of a profession that is currently undergoing major changes in France.
"Being a prefect is to do a job that comes with demands and responsibilities which are often not recognised. It is equally to accept a mission - that of representing the Republic. It is also adapting to the contradictions of the modern world." Paul Bernard Paul Bernard, a legal expert, has had a long prefectoral career which took him to various regions of France, including Aveyron, Sarthe and Corsica, before becoming the prefect of Rhône-Alpes and president of the Association du Corps Préfectoral et des Haut Fonctionnaires du Ministère de lIntérieur.
"Should homosexual unions be recognised? Can foreign models of homosexual unions serve as a point of reference? What was the process of recognition? What could be the consequences? These are but some of the questions raised in this book, which provides all the necessary historical references concerning the social recognition of same-sex couples through the ages. Above all, it provides information on the various legal forms that such social recognition has taken in France as well as in other countries in Europe and North America. Flora Leroy-Forgeot and Caroline Mécary Flora Leroy-Forgeot is a researcher at the Institut Michel-Villey of Legal Studies and Philosophy of Law, at the University of Paris II. Caroline Mécary is a lawyer on the Paris bar and teaches at the University of Paris XII.
What is the meaning of a sentence? This is the issue that the present book faces squarely and directly, from the philosophical, ethical and political angles. The authors goal is less to confront different viewpoints than to defend a shared belief: a just sentence is one that restores bonds. Antoine Garapon is a former juvenile judge. Frédéric Gros is a philosopher. Thierry Pech is a researcher.
What is the value of the testimony of a minor who declares having been sexually abused by a family member? What procedures does the judiciary follow to try to prevent the risk of a false allegation? The author explains and comments on the judicial procedure for these sensitive cases, which are often long, complex and very trying. The author goes on to ask if the time has not come to reconsider the status of the victim in these penal proceedings. Gilles Antonowicz is a lawyer specialising in cases concerning the sexual abuse of minors.
Jacques Barillon and Paul Bensussan show, on a European scale, the ravages caused by an overly psychological approach to the law. They resolutely denounce the extremes and excesses of the new moral and sexual order that is now being proposed for the general good. It will mean tolerating that the judicial system, primarily concerned with the victims well-being, will renounce enforcing the Law, with the approval of psychiatrists and psychologists. This is an indispensable and disturbing book that should help to awaken our anaesthetised critical sense. Jacques Barillon is an internationally renowned lawyer specialising in criminal law. Paul Bensussan, a psychiatrist, sexologist and legal expert, specialises in sex crimes.