Aggression, violence, vigilante justice, private vengeance, and the arbitrary exercise of one’s own rights — these are ways to describe self-help, which is recognized as the earliest and most primitive method of resolving disputes by imposing the will of the stronger over the weaker. Introductory studies in Procedural Law justify the rise of jurisdiction as a means of protecting an interest through the initiative of its holder, opposing the law of retaliation and an asserted prohibition on self-help. Even if this perspective is accepted, a disconnect remains between the value placed on various self-compositive and third-party means of adjudication and the role of self-help in modern times, where there are both public and private forums for dispute resolution, to prevent the physical enforcement of a claim (nul ne peut se faire justice à soi-même).

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Introduction

  • Elie Pierre Eid

摘要

Aggression, violence, vigilante justice, private vengeance, and the arbitrary exercise of one’s own rights — these are ways to describe self-help, which is recognized as the earliest and most primitive method of resolving disputes by imposing the will of the stronger over the weaker. Introductory studies in Procedural Law justify the rise of jurisdiction as a means of protecting an interest through the initiative of its holder, opposing the law of retaliation and an asserted prohibition on self-help. Even if this perspective is accepted, a disconnect remains between the value placed on various self-compositive and third-party means of adjudication and the role of self-help in modern times, where there are both public and private forums for dispute resolution, to prevent the physical enforcement of a claim (nul ne peut se faire justice à soi-même).