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La délinquance forestière, une délinquance performative ?

Abstract : Do the interactions which take place during forest lawsuits connect with the “normal” game of the parts of a lawsuit or must one see there a construction which directs the opinion of the judge? In this direction, wouldn't the judge be used by the actors and would we be thus vis-a-vis a performative justice? In order to test this assumption, we will analyze the traces and the indices of the interactions which remain within the lawsuits. This “history with the strong current of the ground” (Revel, 1989) is based on “exceptional-normal” lawsuits, normal by the type of offence – a wood-cutting; exceptional by the number of actors (more than fifty). In addition, we will analyze the construction of the complaints for wood-cutting in order to find the models employed by the plaintiffs. The many traces which we raised make it possible to consider the fundamental role of the witnesses in the orientation of the judgement of the judge. Indeed, the latter is confronted with made up, or truncated facts which prevent him from having a clear vision of the events. Much more, the assistance he obtains from the witnesses is often not exploitable because the information is either not news to him, or he cannot identify the people who are denounced to him. Similarly, plaintiffs may guide the judge by giving him the name of one of many culprits. In this sense, one could speak about the delinquency of forest of a performative delinquency because, in fine, it is less the action pursued before the judges that matters, than the obtaining of a conviction for other facts or other postures.
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https://hal.archives-ouvertes.fr/hal-01716589
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Submitted on : Monday, March 5, 2018 - 6:22:28 PM
Last modification on : Monday, February 25, 2019 - 9:00:03 PM
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  • HAL Id : hal-01716589, version 1

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Philippe Crémieu-Alcan. La délinquance forestière, une délinquance performative ?. Journées thématiques 2017 école doctorale Cognition, Comportements, Langage(s), Ecole doctorale Cognition, Comportements, Langage(s), 2017, Poitiers, France. ⟨hal-01716589⟩

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