Rethinking Flow beyond Control – An Outreach Legal Essay

Confluence des droits collection

An open access edition

To be published

« IFITIS » Research Project (IUF – senior project – 2016-2021)

Foreword

This work stems from a broader reflection that led to a legal essay published in French in April 2021, Les situations en mouvement et le droit – Essai d’une épistémologie pragmatique (Dalloz, 2021, Méthodes du droit collection, 342 pages). The French text questioned a number of legal constructs in national, international or European contexts and the way they respond each time they are faced with “situations in movement”. It was an attempt at deconstruction and reconstruction with the aim of offering a series of tools that could improve our understanding of both ordinary and complex circulation phenomena.

The pages that follow are not a literal translation of the French-language essay. Although they engage closely with it, they are the fruit of careful restructuring and adaptation.

To do this, the decision was made to focus on the more limited theme of “full movement beyond control”, a central aspect of an ongoing long-term research project supported and financed by the Institut Universitaire de France (IUF – ‘IFITIS’ senior research programme – 2016–2021 – for an overview of the project and its output, see http://www.universitates.eu/jsberge/?p=25673).

Furthermore, this text, and in particular the bibliographical references, have been adapted to a more international readership.

Two overall objectives are pursued: to produce a legal essay for a wide audience addressing an extremely topical issue; and present the work in English to reflect the many exchanges to which I have contributed in that language in Europe, Brazil, Canada, the United States, Israel, Japan and Russia.

I would like to thank Dalloz for granting me authorisation for a partial translation and distribution of the text they published in French.

My thanks also to the scientific committee of the ‘Confluence des droits’ collection for their keen interest in this project.

I would also like to thank Dr Myles O’Byrne, a sworn translator & interpreter appointed by the court of appeal in Aix-en-Provence, for taking on the project with rigour and constructive feedback.

Finally, I offer my warmest thanks to the CNRS GREDEG research team, my university (Université Côte d’Azur) and the IUF, without whom this project would never have got off the ground.

It remains for me to wish you a pleasant and stimulating read!

Mas Valdarné, Evenos (Var – France), July 2021

Jean-Sylvestre Bergé

Blog Law & Pluralities: www.universitates.eu