La (re)connaissance des voies négociées

Abstract

The article brings forward two cases in French juvenile courts: they involve two minors from Sub-Sahara Africa origin who have been accused of witchcraft. It analyses the law as a tool focusing on cultural differences. The article’s thesis stands that the law enables these children to be represented by a judicial cultural intermediary appointed by the magistrate. This third party acting as a go-between is an intermediary between the judge who is French and the child who comes from Africa, in order to set up the conditions for developing a better understanding as well as a better communication. Therefore the juvenile judge, in his discretionary power, is able to deal with cultural differences through the law and the legitimate negotiated order.

Keywords

• judicial cultural intermediary
• juvenile court
• juvenile judge
• legal anthropology
• negotiated law
• social link