{"product_id":"3911-japiot-des-nullites-en-matiere","title":"JAPIOT René – On Nullities in Matters of Legal Acts, Essay on a New Theory (Thesis of 1909), Collection of the Jean Monnet Faculty","description":"\u003cp\u003e \u003cstrong\u003eJAPIOT René, Paris, 2017, PDF, BOOK IN PDF FORMAT (eBook) - This is not a printed book, [II]-964 p.\u003c\/strong\u003e\u003c\/p\u003e \u003cp\u003e• BOOK IN PDF FORMAT (eBook) - This is not a printed book • Japiot: \"Middle ground\" or \"hypermodernity\"? This is the question one might ask upon reading one of the most important French legal theses of the early 20th century. \"Middle ground\" is the project proclaimed by Japiot in the preface: neither Demolombe nor Gény, he tells us, with the cautious tone of a young doctor. Neither, therefore, the school of exegesis, whose artificial and abstract reasoning leads to aporias and contradictions that have become insurmountable, nor, however, \"free scientific inquiry,\" which leads to equally hazardous results due to an excessive focus on social facts at the expense of legal logic. “Hypermodernity” is the somewhat inelegant term a modern reader might be tempted to use to describe Japiot’s construction of this middle ground: demonstrating that the theory of nullity is not based on a material and substantive logic, but primarily on a procedural one, and that the nature of nullity is constructed, in particular, on the delimitation of the right to challenge. But reading Japiot today cannot be reduced to appreciating his place in the history of legal theories; it is also to receive a lesson in legal rigor, in accepting reality, in making a balanced assessment of positive law, and in implementing a pluralism of methods in service of rationalization and coherence. And ultimately, for both the academic reader and the practitioner, it is undoubtedly from this perspective that Japiot’s doctrine acquires its enduring relevance: it is an unsurpassed lesson on the legal method of defining, constructing, and reflecting—in short, on the art of practicing law.\u003c\/p\u003e","brand":"Mémoire du Droit","offers":[{"title":"Default Title","offer_id":51963784069467,"sku":"3911","price":43.0,"currency_code":"EUR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0941\/0163\/5419\/files\/3911-1.jpg?v=1766945694","url":"https:\/\/www.memoiredudroit.fr\/en\/products\/3911-japiot-des-nullites-en-matiere","provider":"La Mémoire du Droit","version":"1.0","type":"link"}