Contribution à la réactualisation théorique du rapport entre le contrat et la relation contractuelle au 21e siècle à partir des travaux de Axel Honneth sur la reconnaissance

Doctoral thesis (2021)

The aim of this interdisciplinary thesis is to engage a new theoretical reflection on the function of the contract. It essentially seeks to explain the link between objective law as applied to contractual ... [more ▼]

The aim of this interdisciplinary thesis is to engage a new theoretical reflection on the function of the contract. It essentially seeks to explain the link between objective law as applied to contractual relationships and intersubjective recognition. Honneth’s theoretical framework of recognition is used in order to rethink the classic conceptual toolbox of contractual legal theory, specifically the autonomy of the will and contractual liberty. By reevaluating contractual relationships through the prism of recognition and intersubjectivity, it appears that positive law neither voids nor contradicts these principles. Indeed, a fair number of provisions exist in a different legal realm, guaranteeing the minimal individual independence and social liberty of legal parties in their concrete contractual relationship. The contract, governing individual relationships between parties through positive law, takes on an institutional function beyond its symbolic function, at the crossroads of economic, political and social considerations. The limits of the contract’s function are revealed by the critique of the common legal techniques as well as the level of institutionalization of the contractual relationship. This argumentative decentering stays in line with liberal thinking whilst simultaneously rejecting the postulate of legal individualism, which still is the main critique regarding the principle of the autonomy of the will. This thesis is part of the civil law tradition and mainly draws on examples from Quebec Law and French Law. The conclusions pertaining to the function of the contract enable various explanations of certain contractual phenomena (contracts of adhesion, consumer contracts, default, pre-contractual obligations, etc.) and question many fundamental theoretical discourses in contractual theory (capacity, contractual justice, binding force of the contract, unforeseen events, etc.). [less ▲]

Le droit et l'art contemporain : visées heuristiques et critiques

in Bernatchez, Stéphane; Lalonde, Louise (Eds.) Approches et fondements du droit (2019)

Rethinking the Notion of Contract on the Basis of Honneth's Recognition Theory

Presentation (2017, May 05)

Honneth’s recognition paradigm, resting on an intersubjective conception of the subject, allows to overstep the clear-cut dichotomy between commutative and distributive justice, between inter-individual ... [more ▼]

Honneth’s recognition paradigm, resting on an intersubjective conception of the subject, allows to overstep the clear-cut dichotomy between commutative and distributive justice, between inter-individual and collective interests. To this extent, the proposed paper will aim at pinpointing how recognition unsettles the legal discourse in civil law contract theory. First, it will be argued that it leads to consider that the concept of autonomy should not be discarded from contract theory too fast; a different interpretation, with respect to the recognition paradigm, seems promising for the legal discourse. Second, it will be presented why contract theory should be framed into Honneth’s theory of justice. Third, it will be shown how one might expect that the proposed reinterpretation of contract theory can ultimately modify the distributive landscape. [less ▲]

Le discours juridique dans la "société du risque" : Regard réflexif sur l'évolution de l'assurance et du principe de précaution en droit

Bachelor/master dissertation (2016)

This research provides a critical analysis of the law applicable to two dimensions of risk management: damage compensation through insurance and risk prevention by the precautionary principle. The ... [more ▼]

This research provides a critical analysis of the law applicable to two dimensions of risk management: damage compensation through insurance and risk prevention by the precautionary principle. The interdisciplinary perspective offers a critical perspective on the interaction of law with political, economic, scientific and social rationalities by the opposition of two theories: the Risk Society of Ulrich Beck and Asurantial Society of François Ewald. The different meanings of private insurance limits and dissonant discourse on the legal strategies used against risks are revealed. The thesis provides essential guidelines to the critical legal thinking. The originality of the analysis angle, which takes into account legal developments in regards of the changes in political rationality that occurred in the nineteenth century with the industrialization of Western societies, extends legal epistemology. A critical reflection on the evolution of theoretical concepts of law and its expected social role within society, considering the political and economical interplay, is suggested. [less ▲]