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Le juge français et ses valeurs sous le regard cinématographique

Abstract : In a society deserted by morality and religion, the judge is regularly called upon to make decisions on political and social issues, which invite one to reflect on the legal fiction of the judge's axiological neutrality. Indeed, this judge, who supposedly represents the "mouth of the law", is asked to take sides, even if it is under cover of an apparently neutral form of rhetoric - that of the law. How can the abstract figure of the judge – that of an impartial third party, above the fray – be reconciled with their flesh-and-blood incarnation, with their own passions, prejudices and world view? Certain analyses, outside of legal opinion, have attempted to address the complex relations between the myth of impartiality and the reality of the judge's take on values (sociology of the law and justice, so-called realist theories of law). At the same time, outside of all learned discussion, film has also explored, with its own specific means, this issue of the articulation between the judge's mission, their personal opinions, where appropriate informed by the social context, and the value-based conflicts they find themselves confronted with in the courtroom, in a number of films featuring French judges and prosecutors.
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https://hal-univ-rochelle.archives-ouvertes.fr/hal-03618164
Contributor : Magalie FLORES-LONJOU Connect in order to contact the contributor
Submitted on : Thursday, March 24, 2022 - 9:56:45 AM
Last modification on : Wednesday, April 13, 2022 - 9:18:21 AM

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Magalie Flores-Lonjou, Nicolas Thirion. Le juge français et ses valeurs sous le regard cinématographique. Les Cahiers de la justice, Dalloz, 2022, "Les valeurs du magistrat" numéro coordonné par Sandra Tavers de Faultrier, vol. 1 (no. 1), pp.131-145. ⟨10.3917/cdlj.2201.0131⟩. ⟨hal-03618164⟩

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