Dissertations / Theses on the topic 'Droit naturel'
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SOUBBOTNIK, ALAIN. "Theories du droit naturel et pragmatique." Nantes, 1995. http://www.theses.fr/1995NANT3010.
Full textThis is an inquiry into the connection between philosophy of knowledge, language philosophy and political theory among three rationalist-empiricist seventeenth-century thinkers. Hobbes, pufendorf and locke construe law voluntarist lines as a soverign's command. It is therefore to be asked wherefrom legal statements issued by the sovereigh may draw their normative force. The respective answers given by hobbes. Pufendorf and locke bring forth a strong inner relationship between their theories of the creativity of the human understanding, their concern about empiricity, their doctrine of signs and their attempt to give political law and political obligation a new foundation. Particular attention is given to their theory of language, best understood in pragmatic terms and weighed against current standard speech acts theories to which they offer a plausible alternative. Hobbes's and pufendorf's analyses of commands and promises, locke's theory of political consent and commitment call for a reassessment of such central notions as of illocutionary acts and the performative-constative distinction. As both hobbes' analysis of commands and promises and recent non-standard pragmatic theories imply, to say is not to do. In order for some speaker to do things with words the latter must be substituted to deeds. The guarantee of such substitutions is not to be sought for in the language itself but in the social and extra-linguistic context of utterance. These pragmatic hypotheses are shown to allow a better understanding of seventeenth-century political theories and the fictions of a natural law and an original contract
Pouthier, Tristan. "Droit naturel et droits individuels en France au dix-neuvième siècle." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020050/document.
Full textThe individual rights which were consecrated in France by the declarations of rights from the revolutionary era brought about all through Nineteenth century a body of law which aimed at organizing the legal exercise of these rights. Public law professors made an important effort at that time to theorize this novel body of law through books, scholarly reviews and teaching. It is striking thus to notice that very few memories were kept of this effort. We have far better knowledge today of the several discourses on individual rights which marked the revolutionary era than of the Nineteenth century thinking on these same rights. For instance,contemporary thought remains familiar with intellectual influences on French revolutionaries such as Locke’s, the Modern School of natural law’s or theFrench Encyclopedia’s. On the contrary, the reflection led by Nineteenth century public law scholars on individual rights has been forgotten because it has become estranged from us from a cultural point of view. Indeed, the intellectual and moral framework within which the theory of individual rights was developed at that time collapsed by the turn of the Twentieth century, thus opening the way tothe unrivaled domination of legal positivism. The aim of this doctoral dissertation is to allow a renewed access to this specific moment of the French thinking on individual rights, by setting the theory of individual rights developed by Nineteenth century public law scholars within the wider framework of the legal culture of their time. To this end, the dissertation adopts a wide perspective which includes contributions of both history of philosophy and history of legal science. Indeed, the Nineteenth century legal theory of individual rights becomes fully intelligible only when related to the very specific doctrine of natural law which dominated during a century within French universities, a doctrine which deeply marked the legal culture of that time
Harati, Mostafa. "La théorie générale de l'obligation naturelle et ses rapports avec le droit positif." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10054.
Full textThe natural obligation is often in the news. This beautiful stranger contract law is derived from Roman law and French civil code does not define its true nature. This legal uncertainty is also continued in the search for the perpetrators. It would be special in this regard that the stress of the debtor to perform his duty would not be possible but its achievement is recognized by the impossibility of repetition. This makes the natural obligation different from the civil obligation, especially because the creditor is provided with the power of coercion. It seems that there is the area of law and morality in a quasi-judicial capacity. This is referred to define a system of natural obligation in current French law
Diop, David. "Les origines intellectuelles de la philosophie politique dans l'encyclopedie de diderot et d'alembert : variations sur l'idee d'une primaute de la loi naturelle de conservation de soi." Paris 4, 1997. http://www.theses.fr/1997PA040024.
Full textIn the encyclopaedia by diderot, d'alembert and jaucourt, politics is on principle submitted to morals. But this principle, engendered by fear of despotism, is surreptitiously substituted by another, this time generated by the wish to make politics into a subject of scientific knowledge : the principle of the primacy of the natural law of self-preservation. That principle, inherited from hobbes and the jurisconsults is not easily compatible with morals. Yet diderot, and to a certain extent jaucourt, attempts to endow self-preservation with an altruistic dimension in order to reconcile natural law with morals. Does he fear that the rational excresence on politics, the economical science, may forge a reducing picture of man which could provide the power with other means of alienation? in fact, the fascination which the rigour of exact sciences exerts on a "science de l'homme" like the political science, leads to the elaboration of a schematic concept of human nature, characterized by an excessive "self-respect" which the political philosophy of the encyclopaedia partly contests. Thus the encyclopaedic discourse, a favourable place for systematization, emphasizes the confrontation of politics, morals and reason
Labrousse, Jean-Pierre. "La loi naturelle." Paris 10, 2000. http://www.theses.fr/2000PA100094.
Full textKlemm, Cyrille de. "La conservation de la faune et de la flore sauvages en droit international et droit comparé." Université Robert Schuman (Strasbourg) (1971-2008), 1996. http://www.theses.fr/1996STR30008.
Full textThe thesis is constituted by a large number of publications, written between 1968 and 1995, on the subject of wildlife conservation and the conservation of natural areas in international and comparative law. The books and articles which deal with the international aspects of the subject have as a main purpose not only to take stock of the status of a particular matter at the time they were written but also, in most cases, to make proposals for the future. The following subjects have, inter alia, been considered: integrated wildlife management in europe, the living resources of the sea, conservation of species as a part of the natural heritage of mankind, migratory species, the international conservation of wetlands, international trade in endangered species, and the conservation of biological diversity. Most of the comparative law publications provide analyses of existing legislation and institutions in respect of the conservation of wild species and natural habitats in those countries where these are the best developed
Dassa, David. "Ethique humaniste et droit pénal." Paris 11, 2004. http://www.theses.fr/2004PA111003.
Full textMerle, Jean-Christophe. "Justice et progrès. Droit naturel et justice sociale." Paris 4, 1996. http://www.theses.fr/1996PA040078.
Full textDespite the problem's currency, contemporary philosophy continues to neglect the need normatively to ground social and economic rights. Classical natural law theory offers reflections that can form the basis for an attempt to do so. Since Cicero, natural law has been thought to establish rules of acquisition without referring to community-based justice. Still, it attributes certain rights to non-owners, such as the defense of necessity or the right of adversarial possession and later, with Leibniz, the obligation in equity to cooperate. The young Kant of 1764 radically rejected both serfdom and wage-labor. Natural justice also demanded the creation of poorhouses. Nonetheless, though natural law distributes ownership without reference to any criteria of justice, the dominum terrae confers the innate right of each man to use the earth. Taken out of context, this seems self-contradictory, since this right cannot be enjoyed at once by all. But Kantian and Fichtean property rights rest on a permissive law which structures ownership to allow for the same freedoms to coexist for all, mutually restricted as necessary but in the same way for all. The Fichtean system recognizes the right to own the productive means to work for his personal subsistence, pleasure and leisure. But Fichte avoids the pitfalls that so often accompany the economic planning he advocates. His social and economic model leaves a genuine place for individual initiative and enterprise, as well as freedom to choose one's own life style. More, it allows for the consideration of how economic progress - which demands investment, a growing division of labor, the adaptation of production and work to the market, and so on - can take place within this same framework of justice
Aktypis, Spyridon. "L'institution de la légitime défense en droit international : du droit naturel à l'ordre public international." Paris 2, 2007. http://www.theses.fr/2007PA020029.
Full textDieng, Doudou. "Droit de la nature et des gens dans la philosophie du droit." Rouen, 2014. http://www.theses.fr/2014ROUEL002.
Full textFrom the Latin jus naturale, natural right is the set of standards that take into account human nature and ultimate purpose. Natural right has been studied by authors like Hugo Grotius and Samuel Pufendorf, before taken up and developed by the social contract theorists, such as Thomas Hobbes, John Lock, and Jean-Jacques Rousseau. From a strict legal perspective, natural right is referred to as a rule consonant with human nature, and as such, considered as the ideal right, Hence, both within a State and with other kinds, natural right has often to deal with positive right (conventional). The latter breaks it or extends it. The attempt of this thesis to show that human rights has not been established with societies that are considered as modern, but conceptually, were created at the same time as humans. Its foundations are the very substance of our humanity. Therefore, all power was it a democratic one or not, may be limited by any other external power
Alwart, Heiner. "Recht und Handlung : die Rechtsphilosophie in ihrer Entwicklung vom Naturrechtsdenken und vom Positivismus zu einer analytischen Hermeneutik des Rechts /." Tübingen : J. C. B. Mohr (P. Siebeck), 1987. http://catalogue.bnf.fr/ark:/12148/cb37464053t.
Full textEyssidieux-Vaissermann, Anne. "Hegel, lecteur de Rousseau : droit naturel et science de l'Etat." Paris 1, 2003. http://www.theses.fr/2003PA010619.
Full textBendahmane, Sabrina. "Le droit aux aliments de l'enfant naturel au XIXème siècle." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020061.
Full textThis study aims to determine specificities of foodstuff right when applied to children born out of wedlock, in an area where the recognition of a child is strictly defined. In the 19th century, the illegitimate children, whose juridical status is lower than that of the legitimate children, are entitled to a number of rights on the condition that they’re recognized by their father and/or their mother. The Code Napoleon restrictively enumerates the recognition of illegitimate children and strictly forbids affiliation research. A lot of illegitimate children are not recognized, or don’t fulfil the mandatory conditions to draw up their family tie. To leave a child without resources is seen as a great injustice. Children born out of wedlock have the right to claim foodstuff, it’s of vital importance? Specificities of the foodstuff’s right applied to illegitimate children are stated by the case law and doctrine. Throughout the century, the bold interpretation of the law allows to grant foodstuff’s right to a larger number, even if this question raises important discussions, and generates uncertainties, to which the legislator puts an end only in 1912
Cayla, Olivier. "La notion de signification en droit : contribution à une théorie du droit naturel de la communication." Paris 2, 1992. http://www.theses.fr/1992PA020114.
Full textPopovici, Alexandra. "Êtres et avoirs : esquisse sur les droits sans sujet en droit privé." Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26889.
Full textIn 1994, the Quebec legislator transformed the trust into a patrimony by appropriation, understood as a universality of rights and obligations without a holder, administered by a third party for a particular purpose. This new qualification questions the classical foundation of private law: the inherent relationship between a right and its holder, the legal subject, from whom the right emanates and for whom it is in principle exercised. The thesis tries to understand the conditions for the possibility of rights without holders in civil law today. My objective is to rethink the notion of ‘subjective right’ in a way that takes into consideration the existence and pertinence of these rights without holders. To do so, two steps are necessary: (i) to understand the dominant paradigm so as to appreciate the scope of the innovation and the resistance it creates; (ii) to uncover the foundations and limits of rights without holders in order to evaluate, in a subsequent phase, whether this new way of understanding rights could be an alternative to subjective rights.
Couttenier, Pierre. "Du périmètre sensible a l'espace naturel sensible : contribution a l'étude d'une évolution législative." Montpellier 1, 1990. http://www.theses.fr/1990MON10033.
Full textPapatolias, Apostolos. "Conception mécaniste et conception normative de la constitution." Paris 10, 1995. http://www.theses.fr/1995PA100116.
Full textEvery human representation can be viewed as a conception of the constitution if it addresses in an explicit or implicit manner the following question: how a constitution is able to influence, in a precise and efficient manner, political and social behavior? It is possible to distinguish between two different "conceptions of the constitution", in the sense of general categories susceptible of enclosing more than one particular conception: a "mechanist conception" and a "normative conception". For the mechanist conception the constitution is considered as an "artificial»: the junction between constitutional action and the result of this action - the social fact which grows out of her. The constitution is viewed as a mechanism which affects political and social reality in a "causal" manner that is to say independently of the governor's impulsion. For the normative conception the constitution is considered as a set of fundamental and paramount legal norms which govern the activity of public authorities in an imperative way. The efficiency of the constitution is thus limited to the influence that a certain number of imperatives, written or unwritten, can have on people for whom they are intended
Zhu, Mingzhe. "Le droit naturel dans la doctrine civiliste de 1880 à 1940." Thesis, Paris, Institut d'études politiques, 2015. http://www.theses.fr/2015IEPP0005/document.
Full textIf “natural law” is understood as a set of principles, legal or moral, that is eternal, immutable and universal, human understandings of this idea never cease to change in different time and location. These understandings, existing in form of discourse, enters into the interaction in context and circumstance. The dissertation examines the usages of natural law in the Third French Republic. It argues that French jurists use the idea of universal and ideal law as the response to socio-political issues: the establishment of republican regime and its anticlericalism, the rise of social sciences and social problems, and the construction of an international order after the WWI. Their responses, in turn, enrich the conceptions of natural law: metaphysically secular justifications of natural law are made by lawyers who are deeply catholic. This old idea is made compatible with social progress, and the universalism and idealism consisted in this idea are used to serve the patriotic cause
Badji, Mamadou. "Droit naturel, droits de l'Homme et esclavage dans le contexte socio-historique sénégambien du 17e siècle à l'indépendance." Grenoble 2, 1998. http://www.theses.fr/1998GRE21010.
Full textIn precolonial senegambian society slavery existed in a structural way. In addition to house captivity, meaning a certain integration of slaves into a conmumity-centered society, was a trade captivity due to precarious conditions which existed in in those societies. Precarity accentuated by external transaharian and atlantic needs. The first changes to occur in the structural slavery of the senegambian societies came from europe : with the industrial revolution, and the rise, in the 18th century, of ideas, in favour of individuals liberty and security. European colonial powers-particularly france with its persistent presence on the senegambian coasts since the 17th century have expressed this change by the end of the 18th century and the early 19th, by renouncing slave trade and the development of a corpus juris adopted to the senegambian context. This corpus juris was based on the persistent of the ancient socio-economic order and on shaded application of the french law directed by the colonial public order. Ideas, vulgarised by colonists, to prohibit slavery will influence the juridical organisation in situe. Slavery was abolished in 1848. But in senegambia this abolition will be postponed for two reasons : first for reason of prudence based not only colonial objectives but also on the pertinence of the indigenious social organisation both in inivocal contradiction with the implementation of the new french legislation. The other reason was for opportunity: the administration strategy of the colonial power with remarquably adopt with local realities. Only independance will enable the return to an objective equality and the restauration of on law based state
Guelfucci, Marc. "Eléments pour une définition du mariage : Etude de droit naturel, canonique et civil." Paris 2, 2008. http://www.theses.fr/2008PA020003.
Full textGast, Philippe. "Expérience spirituelle et conscience du droit." Paris 2, 1991. http://www.theses.fr/1991PA020003.
Full textOBSERVING THAT MOST JURIDICAL SYSTEMS, HAVE THEIR ORIGINES IN RELIGIONS, AND THAT RELIGIONS HAVE THEIR ORIGINES IN THE SPIRITUAL EXPERIENCES OF THEIR FOUNDERS, THE PURPOSE OF THIS research IS TO STUDY THE RELATIONSHIP BETWEEN CONSCIOUNESS, SPECIALLY TROUGH SPIRITUAL EXPERIENCE AND LAW, TO SEE IF IT WOULD'NT BE POSSIBLE TO ELABORATE A CONSENSUAL GROUND TO THE PROBLEMS OF DE ORIGINE AND FINALITY OF LAW THROUGH THE CONCEPT OF CONSCIOUSNESS WICH NATURAL TENDENCY IS TO LOOK FOR THE NIGHEST SATISFACTION THROUGH ACTION TO WHICH LAW IS THE COLLECTIVE ASPECT
Labrot, Véronique. "Réflexions sur une "incarnation progressive" du droit, l'environnement marin, patrimoine naturel de l'humanité." Brest, 1994. http://www.theses.fr/1994BRES5001.
Full textHartung, Gerald. "Die Naturrechts-debatte : Geschichte der Obligatio vom 17. bis 20. Jahrhundert /." Freiburg : K. Alber, 1999. http://catalogue.bnf.fr/ark:/12148/cb37095244k.
Full textKorkman, Petter. "Barbeyrac and natural law /." Helsinki : [s.n.], 2001. http://catalogue.bnf.fr/ark:/12148/cb39245967r.
Full textBaudouin, Vincent. "L'action communautaire appliquée aux hydrocarbures minéraux." Poitiers, 1999. http://www.theses.fr/1999POIT3015.
Full textChauvet, David. "Les animaux face au droit naturel : L'égalité animale par-delà la morale." Thesis, Limoges, 2018. http://www.theses.fr/2018LIMO0056.
Full textThis research aims to ground nonhuman (or human) animal rights in a Hobbesian way. This is that of natural law (i.e., jusnaturalism). First, we show why natural law is a specific normative framework that should be distinguished from any other normative system, especially morals or ethics. In a Hobbesian framework, nonhuman animal rights are not moral rights but natural rights. We show then how any morals detrimental to nonhuman animals can be eliminated through natural law. By grounding nonhuman animals’ natural rights, this research pushes forward works already engaged in this Hobbesian manner. But we relate more particularly the nonhuman animals’ natural rights issue to the question of what kind of legal protection they should be granted on the basis of Hobbesian-like arguments. Finally, we show why animal equality is a legal necessity in the context of a jusnaturalist defense of nonhuman animals, which legally results in their anthropomorphic legal personification
Boillet, Nicolas. "La mise en valeur du patrimoine naturel et culturel en droit public." Lorient, 2009. http://www.theses.fr/2009LORIL141.
Full textThe promotion of the natural and cultural heritage is today an integral part of public policies enacted by both the state and local authorities. The stated objectives of these policies gather together a number of areas including the promotion of cultural heritage, along with the economic and territorial development of the regions in question. Once the interest, the objectives and the functions of the notion of promoting national heritage have been clearly defined it is possible to identify a set of rules and legal procedures which guarantee the actual substance of the aforementioned notion. The different features making up natural and cultural heritage have therefore come under the jurisdiction of property law. This French property law raises a number of questions centred on the economic reality of promoting national heritage. The idea of economic development outlined the French Code général de la propriété publique has also itself contributed to a debate on the matter of national heritage. Developments in environmental and cultural law have helped to shape the framework within which the promotion of national heritage is to be found. However, the aforementioned framework also includes a number of specific rules of a purely incentive nature. Promoting national and cultural heritage consequently provides an element of coherence and harmony regarding, on the one hand aspects of natural heritage, and on the other hand aspects of environmental, cultural and property law
Thornton, Helen. "State of nature or Eden ? : Thomas Hobbes and his contemporaries on the natural condition of human beings /." Rochester (N.Y.) : the University of Rochester press, 2005. http://catalogue.bnf.fr/ark:/12148/cb392803907.
Full textJavid, Mohammad Javad. "Droit naturel et droit divin comme fondements de la légitimité politique : une étude comparative du christianisme et de l'islam." Toulouse 1, 2005. http://publications.univ-tlse1.fr/699/.
Full textThe political legitimacy is a concept which was the subject of several disciplines, but in spite of comprehensive political literature, even within the modern society, it has noted seriously neither the natural right theory nor the divine right one yet. This research is aimed at highlighting this argued and ignored study in philosophy of the right. Three successive parts of this research is devoted to the identification and construction, destruction and rebuilding of the political relation between the natural right and the divine right. The first part, even by study of the divergences in the philosophical explanation of the natural right, justifies their unanimity. This philosophical approach also makes it possible to define the object of study by presenting a juridical-political structure which at first sight was deprived. The second part is devoted to the theological appearance of the natural right and its dissociation with the divine right as well within the political doctrines as juridical interpretations. The acceptance of such an explanation leads to the exploratory study of their method within the doctrines of the divine right which aims at a prospect for reconciliation between the two rights in Christianity and in Islam which for the moment know themselves only little. The approach of the third part is humanistic and especially relates to the rebuilding of this relation starting from a modern rational study and through the study of the human right. The latter research orientation makes it possible to observe the conditions of the legitimate political authority and the modes of attribution of the natural rights, in particular by the means of a return reading of the traditional natural right and traditional divine right; it leads thus to the recognition of the natural political rights which confirms that there is only one system of single legitimacy: which passes through the natural right way
Guillard, David. "Les armes de guerre et l'environnement naturel : essai d'étude juridique." Rouen, 2005. http://www.theses.fr/2005ROUED001.
Full textDepleted uranium shells, mines, cluster bombs, biological weapons, chemical weapons, nuclear weapons is the incomplete list of weapons that can damage environment. Against this threat, the international law seemed to be late on the technology invention. The ecological damages during the gulf war engendered a juridical evolution : a customary law prohibit large, long lasting and grave ecological offence. The statute of Rome is the consecration of this customary law. War weapons pollute also during their tests or destructions. In this case, arms control and environment international law are both applicable. When environment is polluted, responsability varies according to the author of the pollution and the area polluted. The end of International Law Commission works relating to the States responsibility for unlawful action shows the existence of an "actio popularis" doing environment a humanity good. Nevertheless, the effective achievment is very difficult because of the states sovereignty
Burchard, Anton. "Dissertatio academica de jure naturali quam ex privatis praelectionibus Grotianis collectam... /." Leiden : IDC, 1985. http://catalogue.bnf.fr/ark:/12148/cb37258402f.
Full textLazzeri, Christian. "Anthropologie, pouvoir et droit naturel à l'âge classique : essai sur Hobbes et Spinoza." Paris 10, 1985. http://www.theses.fr/1985PA100138.
Full textLazzeri, Christian. "Anthropologie, pouvoir et droit naturel à l'âge classique essai sur Hobbes et Spinoza." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb375948874.
Full textPagano, Dario. "Diritti naturali e Diritti Umani." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100036/document.
Full textThe aim of this work concerns the relation between human rights and natural rights, in order to understand if human rights are those natural rights affirmed in the modern age. First of all, we analyse the contemporary conceptions about human rights nature, especially those which find their meaning from ontological positions. Secondly, we reconstruct the term of this comparison from three perspectives : the idea of natural rights, the concept of natural rights, the theories of natural rights. At last, after the individuation of relevants aspects between both categories, we compare them, highlighting the common points and the differences that separate their path
Hübner, Nathalie. "Les influences philosophiques sur la doctrine du droit d'auteur en Allemagne et en France : Kant, Fichte, Hegel et Schopenhauer." Montpellier 1, 2005. http://www.theses.fr/2005MON10037.
Full textBenalcazar, Sébastien de. "Contribution à l'étude de la politique familiale : nature et droit." Paris 10, 2005. http://www.theses.fr/2005PA100029.
Full textThe aim of this thesis is to rediscover the value for lawyers in studying classical natural law. Today's problems in law are both practical (which rules to adopt?) and theoretical (how to justify these rules?). The question of how to justify rules is crucial given the new situation in which tradition, religion, morals and progress no longer appear capable of doing so. In practice, we resolve this issue using human rights theory. However, because of the instrumental status of reason in the human sciences, this solution is arbitrary and irrational. These problems are even more common in family law, in areas such as civil unions, homosexual marriage and same-sex parenting. On a more fundamental level, this thesis demonstrates the superiority of Aristotelian practical reason - i. E. Prudence - in resolving these problems, since it avoids the practical pitfalls and the theoretical ignorance that is encountered in family policy
Coulange, Pierre. "Analyse économique de la production de droit." Aix-Marseille 3, 1990. http://www.theses.fr/1990AIX32014.
Full textProduction of law can be explained through the utilisation of traditional tools of economic science. Supposing first that law is a created order, one must explain the activity of parliament and judges. The study of parliament's activity leads to a rather pessimistic conclusion: law is structurally overproducted. This can be explained by two ways : - the existence of a politicalmarket, which leads to the logrolling mecanism; -the blending of powers, on behalf of the governement. (chapter i) the recent developments of economic analysis of law assume the judge trying to reach economic afficiency. But one can apply to him a rationality assumption. So, his activity will depend on his personal wishes. (chapter ii) supposing that law, differently from lesgislation, is a spontaneous order, it is im- portant to elucidate its real origins. A first interpretation consists in natural law theories. Law wouldn't be created, but observed in nature and human relations. The other interpretation lies in customary law. (chapter iii) so, how can we explain the dynamics of law ? according to the game theory, law results of human interaction. One can conclude that law emerges from the lack of knowledge. The assumption of ignorance is really the keystone of the interpretation of social institutions. (chapter iv)
Dupend, Aurélien. "L'argument jusnaturaliste en droit privé patrimonial français." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0148/document.
Full textThe concept of “natural law” may seem minor in French philosophy and Frenchtheory of law, unlike their massive presence in legal studies abroad, but they do not standdirectly or indirectly under private law in France if analysed in certain aspects of the doctrineof the law and jurisprudence, in particular in the field of heritage property and contracts. Inlight of the philosophical dialogues which have illuminated the polisemy attached to the term“natural law” or the word “nature” in legal proceedings involving the most practical situationsstarting with the right to property, it is shown in this work that there is a natural law argumentof this type underlying a right that is not always conscious. This thesis does not separate thestudy of the theory of positive law taken in its most representative aspects and the morepluralistic theories of natural law and the rival views of contemporary positivists which usuallytend to reject any reference to or notion of natural law. There are different forms of apparitionof natural law arguments. By means of arguments, jurists look at law studies in a new light
Belloir-Caux, Brigitte. "Le principe d'egalite des filiations en droit civil contemporain." Lille 2, 1991. http://www.theses.fr/1991LIL20013.
Full textThe thesis consists of a comparison between the legal status of the legitimate and natural descendant. The first part definies the effect of the status from a personal and economic popint of view, and it transpires that the legitimate child benefits from a better status in all cases. The second part relates to a comparison between the two status as regards proof of filiations. After demonstrating that the modifications brought about by the laws of 3rd january 1972 and 25 th june 1982, fall short of brindging the gap between the two, the reforms necessary to achieve perfect equality are listed
Schmidt, Frank-Steffen. "Praktisches Naturrecht zwischen Thomasius und Wolff : der Völkerrechtler Adam Friedrich Glafey (1692-1753) /." Baden-Baden : Nomos, 2007. http://catalogue.bnf.fr/ark:/12148/cb41304987g.
Full textKante, Bocar Oumar. "Droit du patrimoine culturel en Afrique." Paris 1, 2010. http://www.theses.fr/2010PA010312.
Full textKistler, Max. "Causalité, loi, représentation." Paris, EHESS, 1995. http://www.theses.fr/1995EHES0327.
Full textWe propose a realist reconstruction of the concept of causality. Two concepts of causality are postulated. On one hand, the fundamental causal relation is a relation of transfer of an amount of a conserved quantity, taking place between two events. On the other hand, the fact that a is f is said to be "causally responsible" for the fact that b is g if and only if the event a has the property f, the event b has the property g, a is the cause of b and a law of nature links the properties f and g. We use these conceptual tools in order to respond to two questions which are central to the philosophy of mind. Can mental properties - e. G. Beliefs - pretend to be causally efficacious firstly in spite of their relational character (they are attitudes toward a content) and secondly although the underlying properties of the brain seem to condemn them to the status of epiphenomena ? the second question we tackle is whether it is possible to explain the fact that representations have a well determined content, on the basis of the causal relations between the representational system and its environment
Youf, Dominique. "Introduction a la philosophie des droits de l'enfant." Caen, 1997. http://www.theses.fr/1997CAEN1232.
Full textThe international convention for children's rights, which was ratified by france in 1990, has established legal rights for children. This assertion of children's judicial subjectivity presents a rupture with the classical philosophy of natural right which, as in aristotle's philosophy, denied children any ontological and judicial otherness by reducing them to "parts of the father's belongings". The contractual philosophy of modern natural right acknowledged individuals as free and equal and thus enabled, not only a conception of human rights but permetted a philosophy of children's rights as well. Indeed, as for any other human being, children were the holders of human rights as soon as they were born, but, as they were considered immature, they couldn't make use of these rights before receiving protection and an education, which are necessary elements for the future use of their subjective rights and which constitued children's rights. To a certain extent, the convention for children's rights has broken away from this philosophy. By setting up children as subjects, it rejects their temporality, their future and their autonomous "right to be" which constitute children's very nature that rousseau was the first to discover. This work studies the judiciary status given to children by the contractual philosophers and invites us to follow this difficult road towards the idea of children's rights. It also updates the doctrinal difficulties met by the practical achievement of children's rights on the xixth century. These difficulties have found solution in the rejection of the philosophy of subject. The goal is to evaluate the problems in order to exceed them and find again the inspiration for the contractual philosophy of children's rights
Ferrand, Julie. "Droit naturel, sensualisme et libre-échange : l'économie politique de Gabriel Bonnot de Mably (1709-1785)." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010026/document.
Full textThe place assigned to Gabriel Bonnot de Mably (1709-1785) in contemporary historiography is ambiguous. He is portrayed as a main influence of the French Revolution then as a precursor to the communist doctrine. Recently, the Cambridge School works' and in particular Pocock's works led to a consensus: Mably was the archetype of classical republicanism in France in 18th century. The aim of this thesis is to examine the membership of Mably in this republican tradition taking into account two fundamental elements of his thought: i) his connection with Vincent de Gournay and the "science of commerce"; ii) the influences of modern natural law and in particular that of John Locke. This leads to reassess the controversy between Mably and Physiocrats. He seems close to accepting the Physiocratie argument for a society based on self-interest and individual calculation. But only a republican solution, the participation in the collective life of every citizen, is able to secure the theory, called liberal, of natural law. His opposition to the liberalization of grain tracte results from a defense of the "science of commerce" i.e. a framed free trade. Thus, paying particular attention to Mably's intellectual influences particularly those of Locke and Gournay, this thesis highlights a new interpretative grid, a rniddle position, in which the republican language of Mably secures his theory of natural law
Beignon, Fabrice. "La notion de domaine public maritime naturel : recherches sur le caractère exorbitant du droit domanial." Nantes, 1998. http://www.theses.fr/1998NANT4010.
Full textCritics about the notion of public estate hit the one of natural marine public estate, since this very notion is still expecting consecration. Based on secular rules, we can see in it a caricature of the administrative law, imagined like a group of privileges of the public power and fairly reprove it. Except that, rather than real privileges, the study of this component of public property shows prerogatives in keeping with the logic of the administrative law, that must no longer be regarded as derogatory to common law. As a matter of fact, if this law has its own logic, with peculiar rules, this peculiarity does not automatically mean privileges because the met situations are themselves singular. Therefore the legal condition of natural marine public estate is proved shaded. Indeed the founder principle of this estate, stating that everything submerged by the flood is incorporated to it, is a heavy subjection for waterside estates. With threatened goods, the residents do not really have guarantees or claim. But the methods to register the flood reduce significantly the reach of this principle. The authorities own the whole competency to demarcate the estate. The boundary procedure is strict. Above all, this part of public estate is there first for people. The relative precariousness of the domanial possessions is the direct consequence of it. The state, as the authority of its protection, is bound to respect rules beyond the administrative convenience, in order to pay attention to guarantee the estate's integrity and availability. Directed by jurisprudence, the notion of natural marine public estate shows that law tries to adapt itself. Nevertheless evolutions are to be hoped so that the legal answer can be equal to the underlying values and let us see in this notion another thing than an obsolete and even useless institution
Estève, Laurent. "Montesquieu, Rousseau, Diderot : du genre humain au bois d'ébène ou les silences du droit naturel." Toulouse 2, 2000. http://www.theses.fr/2000TOU20038.
Full textAboucaya, Laurent. "Jean-Jacques Burlamaqui et Emer de Vattel : les coryphées suisses du droit naturel et des gens, XVIIIe siècle." Toulouse 1, 1989. http://www.theses.fr/1989TOU10007.
Full textOur purpose on undertaking this task was toavoid being limited to the political metaphysics of the xviiith century but to study the evolution of a political reflection in which internal public law and public international law are mingled. Adept of the theory of jus naturale, the swiss jurists burlamaqui and vattel think there is a logical organisation of human societies in which law and liberty contain a pledge of felicity. They do not intend however to exclude the classical definition of jus naturale but point out that civil laws lead man back to nature by the intermediary of legislator to this aim, jus naturale was a technical means of introducingnew ideas. Escaping the sphere of internal public law, the swiss jurists have tried to make us discover the moral foundations of the doctrine of jus naturale applied to international relations while analysing the jus gentium separately as a a law specific to each and every nation
Essono, Nguema Jean Marc. "La fiscalité et la protection du patrimoine naturel." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10034.
Full textAt a time when environmental protection is a major concern, it is particularly interesting to pay attention to the effectiveness of tax instruments for environmental protection. This study examines the impact of taxation on the natural heritage. It analyzes the progressive mobilization of the fiscal tools in favor of environmental protection, the inconsistencies of these instruments in their implementation, the impossibility to remove some tax provisions despite their harmful character to the environment and proposes some ideas to improve the contribution of taxation in the protection of natural heritage. The approach is clearly legal and involves both theoretical elements and practical considerations. As regard the environmental tax system, the author has taken a position in favor of the finalist conception, because it has the advantage of being in coherence with environmental law
Gilles, David. "La pensée juridique de Jean Domat (1625-1696) : du grand siècle au code civil." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32054.
Full textJean Domat is one of the most famous jurist of the French " ancien droit ". His thought was used by the code civil's writers, as Pothier's thought. His reflection is based on the conciliation between christian's rough breathing and the building of a geometric corpus iuris. His juridical construction is ground on the distinction between “lois immuables” and “lois arbitraries” and based on the divine right. His thought is original by his point on view on the finality of the jus, link to the salvation, and his modern structure of right, writing under the light of the reason. He wrote Les lois civiles dans leur ordre naturel and the Droit public suites des lois ciciles between 1694-1697. His thought form a step to the foundation of the modern right of responsability, of contract or of the distinction between public right and private right. By his religious convictions, Domat was an isolated theorist. Used by a part of the doctrine during the eighteenth century, his thought was bring to light by code civil's writers
Ben, Merzouk Emma. "La sécurité juridique en droit positif." Paris 2, 2003. http://www.theses.fr/2003PA020014.
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