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041 _afre
042 _adc
100 1 0 _aChainais, Cécile
_eauthor
245 0 0 _aReasoned verdicts: Between the said and the unsaid
260 _c2014.
500 _a26
520 _aIn practice, reasoned verdicts reveal the tension between the explicit and the implicit, between what is said and what is not, with reasoning practices often being governed by unavowed arguments, in particular of a sociological nature. In this process, there are also intimate links between the legitimacy of the body handing down the verdict and the terms of its reasoning. Traditionally, an authority does not justify itself : it is better not to give any reasons at all or, at the very least, to keep those reasons as brief as possible. But a change of paradigm is underway, against the backdrop of a redefinition of democratic legitimacy : the care taken in drafting detailed and patiently argued reasoning becomes a fundamental component of persuasion, without which no punishment can ever be perceived as legitimate.
786 0 _nLes Cahiers de la Justice | o 2 | 2 | 2014-05-02 | p. 241-258 | 1958-3702
856 4 1 _uhttps://shs.cairn.info/journal-les-cahiers-de-la-justice-2014-2-page-241?lang=en
999 _c144603
_d144603