Bergé, Jean-Sylvestre, About our A Priori : Prolegomena for a Legal Analysis (December 6, 2021). Confluence des droits Series – 2021, Available at SSRN: https://ssrn.com/abstract=3978480

Abstract

It is not easy to question the a priori approach to the law. Generally speaking, an a priori can be described as a presupposition underpinning our disciplinary constructs and one of whose characteristics is that it is the subject of little if any deliberation. This article aims to question this lack of analysis. It reconsiders as a whole the path followed by the law in tackling the a priori to phenomena of movement. Then, two successive paths can be followed: one on the antecedents of movement and the other on its different modalities.