Maud Coudrais, Réhumaniser le droit ("Rehumanizing Law"), an essay on the need to reconcile legal technique and humanity.
In Réhumaniser le droit, an essay for both lawyers and the general public, Maud Coudrais, lawyer at the Paris Bar, describes the advanced process of dehumanization of law, based on the cult of reason and the devaluation of emotion. Norms are increasingly artificialized, fighting the laws of nature and distorting the nature of laws. Legal thinking is necrosing. Lawyers are becoming bureaucratic. Judges are becoming robotic. A large part of the people is demobilized, doubting its legitimacy to oppose, in denial of its voluntary servitude. The public force is left to a managerial management.
In reality, this legal technocracy is only a dangerous illusion. As we well know, contempt for affects is a strategy doomed to failure. The news presents us with many manifestations of the violent return of the repressed emotional: fundamentalism, terrorism, perverse dejudicialization, media court, legislative demagogy, popular uprisings, community separatism, episods of savage police repression, lawless zones...
Let us finally learn from our collective experiences by rediscovering the irreducible humanity of law and its forgotten virtues. We are faced with a fundamental observation. Law is not only a know-how but above all way of being. The health of the social organism rests on the indispensable interaction between intellect and sensitivity. Isn't it time to stop using law as a technique of domination? Let us rediscover the path of a legal ethic of humility, good faith and good will.
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