Le droit et la promesse du collectif : le recours collectif au Québec

• Main Author: Younès, Carole.
• Other Authors: Macdonald, Roderick A. (advisor)
• Format: Others
• Language: fr
• Published: McGill University 1998
• Subjects: Law.
• Online Access: http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29798

We shall argue that, in order for the law to fulfill its task in the field of social justice, it should take into account the collective structure of society. We will consider, especially through Quebec's class action, how state law grasps the reality of a corporate society entranched with conflicts arising from unequal social relationships. We will demonstrate that, in favoring a vision of society made of individual components, Quebec's class action fails in its attempt to reflect the collective dimension of conflicts. Hence, it does not allow unorganized social groups to influence social relationships in a significant manner. However we will argue Quebec's class action, in changing the focus from the individual to the member of the group contributes to a certain visibility of social conflicts. Therefore, Quebec's class action can succeed in changing social actors perception of conflicts.