Resist the law? Lawyers and judges in the Resistance (1940-1944)

Abstract

This article proposes three ways to show strength, founded in law from a socio-historical analysis of engagement in the Resistance of lawyers and judges during the Second World War in France. The first, "to resist despite the law," refers to the antagonism between legalism and joining the Resistance, which was, to some jurists, an obstacle to engagement. The second form, "the shadow of law" means the way we are gradually being discovered and utilized the subversive possibilities of action offered by these professions, on the condition of making a double play. Finally, the resistance "in the name of law" refers to the preparation of legal arguments justifying the inner and outer strength for this fight and bring the legitimacy of law. This tripartite, analytical, and at the same time, chronologically, so the calls become more complex analysis of the relationship between law and politics.