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Consentement et subjectivité juridique : contribution à une théorie émotivo-rationnelle du droit

Abstract : Consent is probably one of the concepts with which the community of law practitioners is most familiar. Having been introduced to the concept from the beginning of their studies, and almost exclusively in the context of contract law, the community of law practitioners finds it a convenient way to explain how an individual can choose to put his/her behavior under the rule of the law; consent indicates the presence of individual will, that is to say, the subjectivity of the individual exercising consent.Nevertheless, an examination of consent in the context of French law reveals that relatively little research has been done on this topic, and the very definition of the term rarely comes under close consideration. As a result, definitions vary, but retain a common element in that consent is almost always considered separately from the individual exercising it.This abstract approach, although it has its merits, must evolve. The lack of definition of the concept of consent results in it being put to new uses. The judicial community thought that consent would resolve the question of subjectivity, when in fact it only increases the need for a proper study. Therefore, we will seek a definition of consent, by taking an etymological approach. Based on this we will attempt to propose a new understanding of consent and juridical subjectivity, by integrating the emotional aspects of subjectivity into thinking and discussion on law.
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Maxence Christelle. Consentement et subjectivité juridique : contribution à une théorie émotivo-rationnelle du droit. Droit. Université Panthéon-Sorbonne - Paris I, 2014. Français. ⟨NNT : 2014PA010283⟩. ⟨tel-01812528⟩

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