June 26, 2014
Blog
Updated: June 25, 2014 (Initial publication: June 25, 2014)
Thesaurus : 6. Code de la justice administrative
June 24, 2014
Publications
Référence complète : Frison-Roche, Marie-Anne et Servan-Schreiber, Pierre, La vente aux enchères des masques Hopi doit être suspendue car ils sont "hors-commerce", Huffington Post, 24 juin 2014.
June 24, 2014
Thesaurus : 03. Conseil d'Etat
Updated: June 23, 2014 (Initial publication: June 23, 2014)
Porte dérobée sur le Droit : Histoire et Droit
June 22, 2014
Blog
One of the reasons why the law has a bad reputation is that it would be "arbitrary". It would be composed of rules, imposing to do this or not to to do that, without strong reasons. Ultimately, what we do does not matter, as long as we all behave in a similar way. No matter the substance in the legal rule which is adopted, the law, is primarily question of order.
And a frequent example is the rule to drive on the left or to drive on the right on the roads.. Because it is a legal rule. It is often said that the law is "like that" and it is made just for the sole purpose of ensuring that everyone does the same, so there is no accident .
But is that such an arbitrary rule ?
Do the British, driving on the left, have no more reason to do so that French who drive on the right ?
If we can show that British legal rule has a more rational basis, then we must end up suspecting that no rule of law is established "without reason."