The Legal, Political, Economic and Management Sciences Laboratory is pleased to welcome as part of the "Matins du -JPEG" 2025 :
Camille Bordère
Post-doctoral researcher for the Comparative Public Law and Politics Chair, CERCRID, Université Jean Monnet Saint-Etienne
for a talk entitled :
The launch of the open data movement for court rulings in 2016 triggered the development of so-called algorithmic justice tools, which in turn generated a veritable concentration of academic opinion in the form of an extensive and reactive discourse, the crux of which remains the idea of incompatibility between French law and these algorithmic justice tools. While the passage of years has not altered this discursive knot, the gradual development of open data and the tools built on its foundation has not stopped. This study seeks to reconcile these two a priori opposing movements by analysing French doctrinal discourse on algorithmic justice tools from 2016 to 2022. This meta-doctrinal, empirical and comparative analysis is based on the three phases of the French discourse, which themselves correspond to three potential incompatibilities: a legal incompatibility, a systemic incompatibility and a cultural incompatibility. Each of these hypotheses is analysed using both the quantitative and qualitative data extracted from the French discourse and the Quebec experience as a contrast product of the French reception of algorithmic justice tools. Once it has been accepted that the first two hypotheses are false leads, it appears that the incompatibility likely to explain the French doctrinal concentration around these tools is an incompatibility of a cultural nature, but even more so of a doctrinal nature. This discourse thus appears much more as an awareness of the growing gap between the doctrinal understanding of French law and the state in which it actually finds itself. More broadly, this study empirically confirms the constructed and constructive nature of all doctrinal discourse. This analysis highlights the fundamental importance of integrating into any analysis of positive law a metadoctrinal approach that takes into account the representations and discursive strategies that precede any doctrinal discourse.
The discussion will be led by Thibault CarrèreMCF in Public Law (-JPEG-AU).
The meeting will take place on Friday 7 February 2025 at 10am in room 2E03.