Le droit est un autre monde

Abstract

https://doi.org/10.1590/2179-8966/2024/82142

Jurists redefine the objects given by the world in order to insert them in their own universe. This operation of legal definition requires a detachment between the original object and its juridical double which is intelligible within that system but has little to do with the nature of the object itself. Particularly as the same object is open to several definitions, depending on the branch of law in which it is included. Thus, an animal, although it may be a personal estate according to the civil law, could become converted into a real estate from the perspective of fiscal law, while penal law or environmental law would recognize its sensitivity. The doctrine is closely linked to the variety of disciplines. It underlines this trend to the extent that the same judicial decision can be approved according to the logic and the criteria of one discipline whereas it will be rejected by another. These differences, authorized by the flexibility of the juridical system, lead to a crisis of categories when they become too considerable.