{"title":"Évaluer le discernement : une perspective biopsychosociale","authors":"M. Brunel , B. Mallevaey , N. Przygodzki-Lionet","doi":"10.1016/j.prps.2021.07.001","DOIUrl":null,"url":null,"abstract":"<div><p>Article 388-1 of the French Civil Code states that “in any proceedings concerning him, a minor capable of discernment may be heard by the judge”. Family court judges have the task of assessing the minor's capacity of discernment by having neither a definition of discernment nor a method of evaluation and by being ordered not to use the age criterion. Following a review of the literature, we propose a sketch presenting the components of discernment and the biopsychosocial factors that can affect the discernment of an expressed choice/opinion. The objective of this research is to compare the representation of judges’ discernment in family cases with this sketch. Thirty-two family judges participated in this study. The results show a partial representation of judgment among the judges surveyed, with some factors being under-represented and others never mentioned. The theoretical and practical implications of this research will be discussed.</p></div>","PeriodicalId":54590,"journal":{"name":"Pratiques Psychologiques","volume":"28 4","pages":"Pages 225-234"},"PeriodicalIF":0.6000,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/j.prps.2021.07.001","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pratiques Psychologiques","FirstCategoryId":"102","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S1269176321000407","RegionNum":4,"RegionCategory":"心理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"PSYCHOLOGY","Score":null,"Total":0}
引用次数: 1
Abstract
Article 388-1 of the French Civil Code states that “in any proceedings concerning him, a minor capable of discernment may be heard by the judge”. Family court judges have the task of assessing the minor's capacity of discernment by having neither a definition of discernment nor a method of evaluation and by being ordered not to use the age criterion. Following a review of the literature, we propose a sketch presenting the components of discernment and the biopsychosocial factors that can affect the discernment of an expressed choice/opinion. The objective of this research is to compare the representation of judges’ discernment in family cases with this sketch. Thirty-two family judges participated in this study. The results show a partial representation of judgment among the judges surveyed, with some factors being under-represented and others never mentioned. The theoretical and practical implications of this research will be discussed.
期刊介绍：
Pratiques psychologiques is an official publication of the ''Société française de psychologie''.
It publishes thematic issues, and concentrates on the applications in the psychological practice. It covers all fields of psychology.
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