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Problem-Solving Justice in French Civil and Commercial Matters
Utrecht Law Review Pub Date : 2019-01-29 , DOI: 10.18352/ulr.467
Ludovic Pailler

Problem-solving justice ((PSJ) is not controversial in French legal literature. It is not an explicit objective for either the courts or the legislator. Judges are formally required to rule on legal issues not to settle extra-legal issues. However, one can observe some current mechanisms that are connected to PSJ, or getting closer to it. In particular, certain changes in the judicial office, particularly in family matters, and the new ways to collaborate with courts, achieve some of the PSJ goals without corresponding exactly to its definition. In addition, a new concept of ‘therapeutic justice’, currently emerging in France, appears to be an equivalent to problem solving justice. It aims at further involving the specific people concerned in the decision-making process, at easing the conflict and at taking into account the impact of the trial on the individuals’ well-being. However, while arguably promising, therapeutic justice remains under-used in France, except in family matters and other limited initiatives that are still quite specific in nature.

中文翻译:

法国民商事案件中解决问题的正义

缓解冲突,并考虑到审判对个人福祉的影响。然而,尽管可以说前景广阔,但治疗性司法在法国仍然没有得到充分利用,除了在家庭事务和其他性质上仍然十分具体的有限倡议之外。
更新日期:2019-01-29
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