Problem-Solving Justice in French Civil and Commercial Matters
Problem-solving justice ((PSJ) is not controversial in French legal literature. It is not an explicit objective for either the courts or the legislator. Judges are formally required to rule on legal issues not to settle extra-legal issues. However, one can observe some current mechanisms that are co...
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2019-01-01
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| Series: | Utrecht Law Review |
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| Online Access: | http://www.utrechtlawreview.org/articles/10.18352/ulr.467/ |
| _version_ | 1818822299060535296 |
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| author | Ludovic Pailler |
| author_facet | Ludovic Pailler |
| author_sort | Ludovic Pailler |
| collection | DOAJ |
| description | Problem-solving justice ((PSJ) is not controversial in French legal literature. It is not an explicit objective for either the courts or the legislator. Judges are formally required to rule on legal issues not to settle extra-legal issues. However, one can observe some current mechanisms that are connected to PSJ, or getting closer to it. In particular, certain changes in the judicial office, particularly in family matters, and the new ways to collaborate with courts, achieve some of the PSJ goals without corresponding exactly to its definition. In addition, a new concept of ‘therapeutic justice’, currently emerging in France, appears to be an equivalent to problem solving justice. It aims at further involving the specific people concerned in the decision-making process, at easing the conflict and at taking into account the impact of the trial on the individuals’ well-being. However, while arguably promising, therapeutic justice remains under-used in France, except in family matters and other limited initiatives that are still quite specific in nature. |
| first_indexed | 2024-12-18T23:21:52Z |
| format | Article |
| id | doaj.art-5c69cd3f497c4011b7507b87b7a677f4 |
| institution | Directory Open Access Journal |
| issn | 1871-515X |
| language | English |
| last_indexed | 2024-12-18T23:21:52Z |
| publishDate | 2019-01-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj.art-5c69cd3f497c4011b7507b87b7a677f42022-12-21T20:47:55ZengUtrecht University School of LawUtrecht Law Review1871-515X2019-01-01143313910.18352/ulr.467377Problem-Solving Justice in French Civil and Commercial MattersLudovic PaillerProblem-solving justice ((PSJ) is not controversial in French legal literature. It is not an explicit objective for either the courts or the legislator. Judges are formally required to rule on legal issues not to settle extra-legal issues. However, one can observe some current mechanisms that are connected to PSJ, or getting closer to it. In particular, certain changes in the judicial office, particularly in family matters, and the new ways to collaborate with courts, achieve some of the PSJ goals without corresponding exactly to its definition. In addition, a new concept of ‘therapeutic justice’, currently emerging in France, appears to be an equivalent to problem solving justice. It aims at further involving the specific people concerned in the decision-making process, at easing the conflict and at taking into account the impact of the trial on the individuals’ well-being. However, while arguably promising, therapeutic justice remains under-used in France, except in family matters and other limited initiatives that are still quite specific in nature.http://www.utrechtlawreview.org/articles/10.18352/ulr.467/problem-solving justiceFrench lawcollaborative justicetherapeutic justicejudicial office |
| spellingShingle | Ludovic Pailler Problem-Solving Justice in French Civil and Commercial Matters Utrecht Law Review problem-solving justice French law collaborative justice therapeutic justice judicial office |
| title | Problem-Solving Justice in French Civil and Commercial Matters |
| title_full | Problem-Solving Justice in French Civil and Commercial Matters |
| title_fullStr | Problem-Solving Justice in French Civil and Commercial Matters |
| title_full_unstemmed | Problem-Solving Justice in French Civil and Commercial Matters |
| title_short | Problem-Solving Justice in French Civil and Commercial Matters |
| title_sort | problem solving justice in french civil and commercial matters |
| topic | problem-solving justice French law collaborative justice therapeutic justice judicial office |
| url | http://www.utrechtlawreview.org/articles/10.18352/ulr.467/ |
| work_keys_str_mv | AT ludovicpailler problemsolvingjusticeinfrenchcivilandcommercialmatters |