Mon père, la loi, l’équité et l'absurde dans des affaires civiles -ep 5

·29 min·2 clips

A man demanded the demolition of a 10-story building because it encroached 4cm onto his property, forcing judges to apply an absurd law.

Elodie Crézé introduces the episode by reflecting on judicial representation in songs, specifically Georges Brassens' 'Gare aux gorilles', which humorously depicts a gorilla assaulting a judge. She connects this to her father's appreciation for irreverence toward authority. The episode then transitions to civil law, with François Crézé explaining that judges are often seen only in criminal contexts, but civil work involves resolving conflicts without violence. He details a case from the 1980s in Lorient where a homeowner sought demolition of a neighboring 10-story building due to a 4cm encroachment, leading to years of litigation. François notes that judges had to apply the law despite its absurd outcome, using derisory fines to encourage settlement. He contrasts the French legal mindset, which prioritizes having the law on one's side, with Anglo-Saxon compromise approaches. The discussion touches on mediation as an alternative to lengthy procedures. Elodie briefly mentions restorative justice and Canada's Truth and Reconciliation Commission, linking it to the episode's recording on unceded Indigenous territories. She plays a song by Inuk artist Elisapie Isaac to highlight Indigenous justice issues. François then shares lighter anecdotes, including sympathy for an elderly fraud defendant in New Caledonia who exploited currency exchange rates, and a Tahitian father convicted of incest who defended it as cultural practice. He reflects on maintaining empathy while upholding judicial standards, such as refusing gifts from defendants. The episode concludes with a quote from Paul Valéry on the theatrical nature of legal resolutions.

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