Contribution
Juridiction in the pupil's councils at primary school.There is an undeniable legal dimension in the practice of pupil's councils. However, if the pupils take part in the judgment of reprhensible acts, it is still advisable to wonder on wich principes of right, the juridiction is based? How this juridiction is setting? And, what is the real participation of the pupils?But, the problem of justice requires the politic question : how a republican democracy can formed people to have democratic attitude?The approach consists of analysis of councils observed over one year in a class located in a priority education area. The pupils are aged between 9 and 11 years.Quantitatives data such -the number of linguistics productions for the teacher and for the pupils,-the number of pupil's messages who will be debated, -the number of questions have been selected with qualitatives data related to an hermeneutic construction of the discursive exchanges. The first elements of discovery reveal many distorsions- the principles of right between the teacher and the pupils are differents, - the teacher judges by assertions without explanations, - the pupils proceed by reference to the precedent (case law). These distorsions induce misunderstandings from pupils and allows questionning of the sens of the competences aimed by the councils. This analysis show how many a partnership between the pupils and the teacher, also between the teachers of the school would be desirable for explain what sort of justice may be dispensed at school? And how this justice can be developped? The analysis of the system set up as that of the linguistic interactions required the recourse to several concepts resulting from different theorical fields. The templates come from- institutional teachings : C. Freinet, F. Oury, A. Vasquez, R. Fonvieielle, J. Pain and F. Imbert, - philosophy with Aristote, J.J. Rousseau, P. Ricoeur, C. Lefort and J. Habermas, - social-psychology by G.-H. Mead and E. Goffman, - psychology by J. Bruner, - and lawyers like J. Carbonnier, R. Cabrillac and F. Terre.national journal
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