Retour sur l'analyse substantielle en droit économique
AbstractThe authors take a fresh look at Gérard Farjat?s method of construing and applying economic law by way of a ?substantive analysis?, which constitutes the hallmark of the Nice School?s approach to this field of the law. In essence, by this method Farjat sought to overcome the ?formalistic? application of statutory, in particular of codified law, which is typical of traditional French civil law thinking. Substantive analysis of economic law takes a more realistic, contextual view of the entire set of facts the law is intended to govern, stresses that these facts are reshaped by the law, but also that conversely the facts reshape the law. As a result, the law itself becomes subject to a critical appraisal, which is based on an interdisciplinary (economic, sociological, and societal) evaluation. The problem then is to properly deal with the ?dissolution? of established concepts, which the substantive analysis entails, as well as with the blurring of the lines of demarcation. The authors discuss these difficulties against the backdrop of modern legal theory as it has evolved over the last decades.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by De Boeck Université in its journal Revue internationale de droit économique.
Volume (Year): t. XXI, 3 (2007)
Issue (Month): 3 ()
Contact details of provider:
Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm
economic law; legal analysis; substantive analysis; relationships between facts and norms; legal concepts;
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.