2017 (4) | 2016 (4) | 2015 (5) | 2014 (3) | 2012 (14)

Protected Interests and the Scope of Remediable Harm in Tort Law

Abstract: 
For anyone who has taken even a slight interest in tort law in legal systems other than our own, one of the striking features of French law is the absence of mechanisms with which to ring-fence liability. Where English and German law, to cite just them, cultivate numerous mechanisms capable of containing claims for remedy, our law advances, without any apparent qualms, towards a constant widening of the scope of the obligation to make good the harm caused to others. Recent examples of this trend are not wanting, at least in case law. France’s supreme civil court, the Cour de cassation regularly manifests its determination to relax the conditions for invoking liability, whether with regard to seminal acts, harm or causation.

The Spanish Conquest of the Indies. Judgments on American Indians and the Doctrine of Just War

Abstract: 
The Spanish conquest of the Indies was a war attended by a nightmare of cruelty lasting for decades with its massacres and enslavement, all of which led to the extermination of millions of Indians. It was a war without any noble pitched battles or skilful troop movements, and certainly not a just war.

For an Illusion-Free Phenomenology of Law and Ethics

Abstract: 
If there is one domain that is crying out for the elucidative intent and the watchword of ‘back to the things themselves’ of Husserlian phenomenology, it is indeed law and more broadly ethics. ‘Jurists are still looking for a definition of their concept of law’ observed Kant in his Critique of Pure Reason in 1781. Things have not come very far since then. Theorists still feel that ‘pursuing a definition of law is a hopeless undertaking’ so much so that some of them, like Michel Troper or Denys de Béchillon, no longer hesitate to proclaim that such a definition could only be purely ‘stipulative’ (meaning arbitrary).