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Comparative and Foreign Law

2017

France

Selected Works

Articles 1 - 3 of 3

Full-Text Articles in Law

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn Jan 2017

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Jason Kilborn

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.

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France Bans The Veil: What French Republicanism Has To Say About It, Stéphane Mechoulan Dec 2016

France Bans The Veil: What French Republicanism Has To Say About It, Stéphane Mechoulan

Stéphane Mechoulan

In 2011, France banned the wearing of face-veils in public.  This criminalization of face covering was criticized by the U.S. State Department, prominent NGOs, and legal academics of the Anglo-liberal tradition as an improper violation of freedom of religion and expression.  Against this backdrop, the 2014 decision of the European Court of Human Rights upholding the ban provides a timely opportunity to better understand the republican rationale behind it.  Through reconsidering the competing conceptions of the common good produced by Anglo-liberalism and French republicanism I explore how the ban aims to preserve an organizing principle of the Rousseauist social contract.  …

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The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen Dec 2016

The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen

Mathilde Cohen

In France as elsewhere, prosecutors and their offices are seldom seen as agents of democracy. A distinct theoretical framework is itself missing to conceptualize the prosecutorial function in democratic states committed to the rule of law. What makes prosecutors democratically legitimate? Can they be made accountable to the public? Combining democratic theory with original qualitative empirical data, my hypothesis is that in the French context, prosecutors’ professional status and identity as judges determines to a great extent whether and how they can be considered democratic figures.
 
The French judicial function is defined more broadly than in the United States, …

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