Droit et Cultures (May 2008)
Outreau : tous coupables
Abstract
The “dysfunction” concept, extremely trendy nowadays to emphasize the opposition between a system presumed as functional and its failures, the “dysfunction” concept is not sufficient to explain the Outreau failure. We rather should stand at some distance, analyse the historical context of this event, the evolution of collective representations and terrors specific to our time, especially the images of the sex maniac and his victim. As long as such an emotional blurring will prevent us to think, other judicial failures are foreseeable.