Pre-litigation and litigation Law firm
Publication
French translation of the book “Legal reasoning and legal theory” (Oxford University Press) by Professor Neil McCormick (Bailliol College) published in 1995 by PUF under the title “ Raisonnement juridique et Théorie du droit“ .
“LITIGATION AND CONFLICT: LEGAL-CLINICAL APPROACH IN FAMILY LAW”
DALLOZ review : “Family Legal News” – November 2020
Page 1 out of 7
- Legal-clinical approach
- Specificity: priority to the facts and the conflictual dimension
- The long duration of the legal-clinical interviewing
- Compatibility of the legal-clinical approach and legal reasoning
- No hasty recourse to the legal tool
- Problem of the legal-clinical approach
- Countertransference reactions
- An ajusted complicity/distancing at the service of the client / litigant
“WHAT PLACE FOR CONFLICTALITY IN FAMILY LITIGATION? :
BETWEEN LEGITIMATE REJECTION AND NECESSARY TAKING INTO ACCOUNT”.
DALLOZ review : “Family Legal News” – July-August 2021:
Page 1 out of 10
A – Rejection of conflictuality in family law
1 – Rejection by the legislator of the historical-conflictual dimension of disputes
- The argument based on the necessary serenity of the debates
- “Return of the repressed”
- Divorce time: the false argument of the deferred treatment of conflictuality
2 – Promotion of the child’s best interest
- The child’s best interest : a ” legal-clinical” management tool
- On the merits, the concept of child’s best interest is not very effective
- Conclusion
B – Salvation of family justice: Rehabilitation of the historical-conflictual context
- The necessary admissibility of concise and detailed accounts of the couple’s life
- The legal-clinical approach is not moral
- Necessary rehabilitation of the disputed history
