Manager: Dr. Aude Thevand and Dr. Bastien Baret
Disciplines involved: private law and criminology; public law; history of law and institutions
Topic and goals
The research group focuses on the changes and dynamics of norms and the law. It seeks to provide insights into the questions raised by a context of unprecedented internationalisation and modernisation of social phenomena, which are leading to changes in norms and the law, in accordance with dynamics that need to be characterised: what forms of normativity, other than legal norms, are emerging; what relevance do they have for researchers, but also for the maintenance of social cohesion? What risks and opportunities do they present? What interrelationships between legal systems do they imply, and on what basis(es)? What new research methods can and/or should be employed?
Goals. The research group adopts a complementary approach through the interdisciplinary study of changes and dynamics in norms and law, underpinned by a particular focus on ethics and the individual.
The shared scientific objective concerning changes and dynamics in norms and law was defined in consultation with the cluster’s members and broken down into thematic research projects. This approach has fostered fruitful collaborations between members of the cluster and with academic staff from other clusters, and has enabled colleagues from the public university and international partner universities to be closely involved in this research (through monthly seminars, conferences and subsequent edited volumes).
Flagship project for 2025-2030: « The collective »
The law is both the product and the vehicle of social transformation and change; it accompanies these processes when it does not act as a barrier to them. Whether it embodies stability, stagnation, change or modernity, we shall seek to analyse how the relationship between the law and social transformation raises fundamental political, social and economic issues, harbouring both the risk of crisis and the hope of progress.
This research aims to explore the concept of the collective through a multidisciplinary approach. This project is set against a backdrop in which collective dynamics play, and are set to play, a pivotal role in shaping contemporary societies, at both local and international levels, in order to counterbalance the rise of fragmentation, communitarianism and polarisation.
This will involve:
- to examine the legal foundations of the concept of the collective and the scope for its application, through a consideration of collective rights (what rights for minorities, for the ‘future generation’), collective action, and mechanisms for protecting collective interests and the ‘common good’.
- to assess how social interactions and community structures influence the evolution of the law and lead to a rethinking of the mechanisms of solidarity and mobilisation within groups (one might consider here issues of collective responsibility, social protection systems and the development of collective action); and also to assess how the development of artificial intelligence systems impacts collective dynamics and necessitates a rethinking of norms.
- to analyse how the role of institutions in representing collective interests and in decision-making has evolved. This part of the research will focus in particular on issues of representation and participation, as well as on the emergence of so-called ‘governance’ approaches, both within businesses and in national and international political institutions, which appear to reflect the need for a collective, cooperative and comprehensive approach to contemporary challenges that are themselves collective in nature (economic globalisation, digital security, environmental issues, sustainable growth, migration management), whilst prompting a re-examination of the concept of national sovereignty.
Finally, we shall examine the economic implications of the concept of the collective, in particular by considering how the law might support alternative economic models (co-operatives, social enterprises, community initiatives), but also through a wide-ranging examination of the models of ownership or management of assets that must emerge to ensure the collective’s basic needs are met – and, through it, those of the individual – in order to protect and reconcile their rights with those of society.
Methodology: Collaborations will be established with experts from the various relevant disciplines, in order to broaden perspectives and ensure an integrated approach. This multidisciplinary approach will be essential for addressing these issues comprehensively and for developing legal solutions that meet the needs of the community in our modern societies.
Les résultats de cette recherche permettront de mieux comprendre les enjeux liés à la notion de collectif et à sa promotion. Ils fourniront des pistes de réflexion et des recommandations pour les décideurs politiques, les praticiens du droit et les acteurs de la société civile, en vue de promouvoir des politiques et des pratiques qui favorisent la reconnaissance et la protection des intérêts collectifs, dans une perspective de valorisation à la fois du collectif et des personnes qui le composent.
À ce stade, ce projet phare se décline d’ores et déjà autour de trois projets en cours de structuration : « biens et services essentiels », « ordre et désordre », « sécurité(s) et numérique ».