the strong, the weak and the law : proceedings of the 6th acca conference held in liege on june 23, 2017

Résumé

The Strong, the Weak and the Law The relations between the law, the weak and the strong have given rise to considerable debates for centuries. Father Henry Lacordaire once eloquently observed : « Between the strong and the weak, between the rich and the poor, between master and servant, it is freedom that is oppressive and the law that sets free ». This inspiring sentence supposes that the law allows to restore equality between the weak and the strong, by protecting the weaker one. But is it always the case ? Does the law necessarily act in favour of the weak ? Although individuals may have de iure the same rights, de facto the situation can be that only the stronger ones may exercise their rights over the weaker ones, which are therefore deprived of their freedom. Besides can we consider that the law still can resist to the will of the mighty ? « While the strong relies on strength, the weak relies on the law » wrote Thucydides. The present issue raises many questions relating to the interaction between the weak and the strong and how this interaction is grasped by the law. How does the law answer to differences in terms of (commercial, military, social, financial, etc.) power, or to situations in which there is no real equality between the parties ? Of course, this subject is broad and can encompas various topics such as fundamental rights, consumer protection, social law, international relations, protection of the environment and rules of procedure. During the Sixth ACCA Conference held on June 23rd 2017 at the University of Liège, researchers and academics from all Belgian universities were invited to make their observations on this particular topic. This book, gathering more than twenty texts from this national Conference, has been published in order to share their research findings.ACCA (Assistentenconferentie / Conférence des assistants / Conference for research assistants) aims to provide a forum for legal researchers and professors affiliated with Belgian universities, in which they can disseminate, present and discuss their ongoing research. Pursuing this goal, a conference is organized each year around a broad and general theme.