IDEAS home Printed from https://ideas.repec.org/p/hal/journl/hal-05335747.html

Law, Justice and Republic: The French Heritage

Author

Listed:
  • Christian Barrère

    (OMI - Organisation Marchandes et Institutions - URCA - Université de Reims Champagne-Ardenne)

Abstract

Judicial institutions have a growing role in our societies. In France, some scholars have even introduced the idea of a "government of the judges". However, while judicial institutions do not substitute for government and public administration they are becoming an important means of social regulation, perhaps the main one. This tendency is not the result of desires within the judiciary to increase the power of magistrates; rather it arises from the social functions attributed to the judicial system by the French model of republican law and justice. As the development of European judicial cooperation, the establishment of a "European judicial area" and the building of a new European judicial system demand cooperation and highlight areas of competition between different national models, an evaluation of this model is necessary. This chapter focuses on the structural logic of the French model. Starting from the standard analysis of judicial regulation (section 1), it considers the basis of the model - the republican dualism- (section 2) to explain the present role of judicial regulation (section 3).

Suggested Citation

  • Christian Barrère, 2005. "Law, Justice and Republic: The French Heritage," Post-Print hal-05335747, HAL.
    • Handle: RePEc:hal:journl:hal-05335747
    Note: View the original document on HAL open archive server: https://hal.science/hal-05335747v1
    as

    Download full text from publisher

    File URL: https://hal.science/hal-05335747v1/document
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. François Facchini, 1997. "Gestion des externalités, droit de propriété et responsabilité civile," Post-Print hal-01377930, HAL.
    2. Posner, Richard A, 1980. "A Theory of Primitive Society, with Special Reference to Law," Journal of Law and Economics, University of Chicago Press, vol. 23(1), pages 1-53, April.
    3. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    4. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    5. Cooter, Robert D., 1994. "Structural adjudication and the new law merchant: A model of decentralized law," International Review of Law and Economics, Elsevier, vol. 14(2), pages 215-231, June.
    6. Samuels, Warren J, 1971. "Interrelations Between Legal and Economic Processes," Journal of Law and Economics, University of Chicago Press, vol. 14(2), pages 435-450, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Christian Barrère, 2001. "Commoditisation and judiciarisation: the judicial regulation of market relations [Marchandisation et judiciarisation : la régulation judiciaire des relations marchandes]," Post-Print hal-02615448, HAL.
    2. Beck, Thorsten & Demirguc-Kunt, Asli & Levine, Ross, 2006. "Bank supervision and corruption in lending," Journal of Monetary Economics, Elsevier, vol. 53(8), pages 2131-2163, November.
    3. Jean-Baptiste Fleury & Alain Marciano, 2022. "Methodological Individualism and the Foundations of the "Law and Economics" movement," Post-Print hal-03820441, HAL.
    4. Joshua Schwartzstein & Andrei Shleifer, 2013. "An Activity-Generating Theory of Regulation," Journal of Law and Economics, University of Chicago Press, vol. 56(1), pages 1-38.
    5. Mark Koyama, 2014. "The law & economics of private prosecutions in industrial revolution England," Public Choice, Springer, vol. 159(1), pages 277-298, April.
    6. Christian Barrère, 1999. "Economic Approaches of the Judicial System [Les approches économiques du système judiciaire]," Post-Print hal-02615930, HAL.
    7. repec:jpe:journl:178 is not listed on IDEAS
    8. Larry Eubanks & Glenn L. Furton, 2024. "The institutional structure of pollution: large-scale externalities and the common law," Public Choice, Springer, vol. 201(3), pages 429-450, December.
    9. Christian Barrère, 2004. "Judicial System and Property Rights [Droits de propriété et système judiciaire]," Post-Print hal-05335597, HAL.
    10. Lopez-De-Silanes,Florencio, 2004. "A survey of securities laws and enforcement," Policy Research Working Paper Series 3405, The World Bank.
    11. Volckart, Oliver, 2000. "The open constitution and its enemies: competition, rent seeking, and the rise of the modern state," Journal of Economic Behavior & Organization, Elsevier, vol. 42(1), pages 1-17, May.
    12. Anastassios Karayiannis & Aristides Hatzis, 2012. "Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens," European Journal of Law and Economics, Springer, vol. 33(3), pages 621-643, June.
    13. Mike, Károly, 2016. "Merre vezessen a magyar kapitalizmus útja?. Látkép Ronald Coase világítótornyából [Which course for Hungary s capitalism?. A view from Ronald Coase s lighthouse]," Közgazdasági Szemle (Economic Review - monthly of the Hungarian Academy of Sciences), Közgazdasági Szemle Alapítvány (Economic Review Foundation), vol. 0(6), pages 597-614.
    14. John Meadowcroft, 2014. "Exchange, unanimity and consent: a defence of the public choice account of power," Public Choice, Springer, vol. 158(1), pages 85-100, January.
    15. Philip T. Hoffman, 1988. "Institutions and Agriculture in Old Regime France," Politics & Society, , vol. 16(2-3), pages 241-264, June.
    16. Rafael La Porta & Florencio Lopez‐De‐Silanes & Andrei Shleifer, 2006. "What Works in Securities Laws?," Journal of Finance, American Finance Association, vol. 61(1), pages 1-32, February.
    17. Katharina Pistor & Chenggang Xu, 2002. "Law Enforcement under Incomplete Law: Theory and Evidence from Financial Market Regulation," STICERD - Theoretical Economics Paper Series 442, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
    18. Shruti Rajagopalan & Richard Wagner, 2013. "Constitutional craftsmanship and the rule of law," Constitutional Political Economy, Springer, vol. 24(4), pages 295-309, December.
    19. Nuno Garoupa & Jonathan Klick & Francesco Parisi, 2006. "A law and economics perspective on terrorism," Public Choice, Springer, vol. 128(1), pages 147-168, July.
    20. Thorsten Beck & Asli Demirguc-Kunt & Ross Levine, 2003. "Bank Supervision and Corporate Finance," NBER Working Papers 9620, National Bureau of Economic Research, Inc.
    21. Jay P. Shimshack, 2014. "The Economics of Environmental Monitoring and Enforcement," Annual Review of Resource Economics, Annual Reviews, vol. 6(1), pages 339-360, October.

    More about this item

    Keywords

    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:hal-05335747. See general information about how to correct material in RePEc.

    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 CitEc recognized a bibliographic reference but did not link an item in RePEc 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 RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.