JAPIOT (René) – ON THE NULLITY OF LEGAL ACTS, Essay on a New Theory (Thesis of 1909) Reprint of the 1909 edition published by Arthur Rousseau, Jean Monnet Faculty Collection
JAPIOT (René) – ON THE NULLITY OF LEGAL ACTS, Essay on a New Theory (Thesis of 1909) Reprint of the 1909 edition published by Arthur Rousseau, Jean Monnet Faculty Collection
JAPIOT (René) – ON THE NULLITY OF LEGAL ACTS, Essay on a New Theory (Thesis of 1909) Reprint of the 1909 edition published by Arthur Rousseau, Jean Monnet Faculty Collection
    JAPIOT (René)
    Nullities in Legal Acts: An Essay on a New Theory (Thesis of 1909) Reprint of the 1909 edition by Arthur Rousseau, Jean Monnet Faculty Collection
Édition :
    Paris
Date :
    [1909] 2017
    16 x 24 cm, paperback, perfect bound, "Imprim'vert®" label, printed in France, [II]-964 p.
    Japiot: "Middle ground" or "hypermodernity"? This is the question one might ask upon reading one of the most important French legal theses of the early 20th century. "Middle ground" is the project proclaimed by Japiot in the preface: neither Demolombe nor Gény, he tells us, with the cautious tone of a young doctor. Neither, therefore, the school of exegesis, whose artificial and abstract reasoning leads to aporias and contradictions that have become insurmountable, nor, however, "free scientific inquiry," which leads to equally hazardous results due to an excessive focus on social facts at the expense of legal logic. “Hypermodernity” is the somewhat inelegant term a modern reader might be tempted to use to describe Japiot’s construction of this middle ground: demonstrating that the theory of nullity is not based on a material and substantive logic, but primarily on a procedural one, and that the nature of nullity is constructed, in particular, on the delimitation of the right to challenge. But reading Japiot today cannot be reduced to appreciating his place in the history of legal theories; it is also to receive a lesson in legal rigor, in accepting reality, in making a balanced assessment of positive law, and in implementing a pluralism of methods in service of rationalization and coherence. And ultimately, for both the academic reader and the practitioner, it is undoubtedly from this perspective that Japiot’s doctrine acquires its enduring relevance: it is an unsurpassed lesson on the legal method of defining, constructing, and reflecting—in short, on the art of practicing law.

Référence : 3296

65,00 €

Mots-clés : Edition - Collection of the Jean Monnet Faculty, Council of State, Civil Procedure

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