Le juge et l'émotion

Abstract : The scholarship called law and emotion has existed in the United-States for 30 years to understand the importance of emotions in the legal and judicial reasoning. How to think the relationship between law, judge and emotion in the country of Descartes, not only his country of origin, but a country which is deemed to be Cartesian? Without debating the famous mistake of Descartes, which maybe he did not commit, it is now important to combine law and emotion in a civil law context. The so-called emotional turn can not be accepted in French law without reflecting to the relationship between emotion and the formalistic approach of the application of a legal rule. This research may permit to better distinguish the role of judges compared to the role of mediators and to better understand the limit of the predictive justice which seems to be only based on reason.
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Contributor : Emmanuel Jeuland <>
Submitted on : Tuesday, January 22, 2019 - 7:18:09 PM
Last modification on : Friday, March 29, 2019 - 5:20:02 PM
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  • HAL Id : hal-01790855, version 3


Emmanuel Jeuland. Le juge et l'émotion. 2019. ⟨hal-01790855v3⟩



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