Paper's abstract

Jean Hilaire, Judgement and Case Law
The issue is envisioned from an historical point of view and from a particular, even if fundamental, aspect which might be the most interesting: for if one considers the transference from a judicial decision (particular by definition) to a principle (even suggested), that is, passing from a unique and concrete case to an abstraction of general scope, one might easily see in the French legal system an antinomy between judgement and case law. The contemporary notion of case law developed at a very lazy pace and only with the upcoming of the Revolution of 1789 which have permanently set its basis into a new conception of law (adopted by national representation) and the principle of the unity of civil law. But this recent triumph of case law remains uncertain due, among other things, to the ambiguity that still surrounds the notion of interpretation (is case law merely an authority or a true source of law?) and by the arbitrariness accompanying the (private) publishing of legal decisions in a liberal system (offering only an approximate knowledge, except for cassation's cases).

Key Words : judgement, case law
t. 39, 1994 : p. 181-190

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