Dissertations / Theses on the topic 'Expertises'
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Ghozia, Amel. "Expertise et santé : approche juridique conjointe des expertises médicale et sanitaire." Versailles-St Quentin en Yvelines, 2013. https://www.bnds.fr/collection/collection-theses/le-droit-de-l-expertise-medicale-et-sanitaire-9782848747798.html.
Full textHealth, whose definition is particularly delicate, cannot be tackled by Law without previous ad hoc expertise. Indeed, whenever Health questions Law, but also whenever Law itself questions Health, expertise is at the heart of all these reflections. It provides a lightning to allow the person or the competent authority to then make a decision with full knowledge of the facts. Thus, because health crisis keep on following one another and because the compensation systems of victims because of personal injury are constantly being criticized- despite the various reforms- this study has been trying to achieve a joint approach of medical (medical assessment of injury ) and sanitary ( scientific health risk assessment ) expertises. The aim is to clarify and have an overview of the interactions between law, science, and health on the one hand, and , on the other hand, to have a global vision of the role and importance Law gives to expertise when issues are being raised concerning health in all its forms. The study of procedural and functional organization of expertise on health has been revealed by ambiguities and shortcomings, which, in our opinion, could be solved only when legislators decide upon a pro-active attitude - meaning acting before the crisis- that's why this study proposes to adopt a systemic analysis to improve the whole decision-making process related to health in which the expertise is only a sub-system
Tchambaz, Sabrina. "L'évolution de la responsabilité civile de l'expert médico-légal." Montpellier 1, 2000. http://www.theses.fr/2000MON10073.
Full textMeziane, Kaddour. "L'expertise dans la législation pénale comparée : droit français et algérien." Toulouse 1, 1992. http://www.theses.fr/1992TOU10016.
Full textJuston, Morival Romain. "Le corps médico-légal. Les médecins légistes et leurs expertises." Electronic Thesis or Diss., Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV133.
Full textThis research focuses on medical examiners and the reports they provide upon requisition from Public Prosecutors. Neither occasional collaborators of the judge, nor holders of a specific specialty title, forensic scientists and medical examiners form a professional body that is quite distant from both the judicial expert assessment model and the medical specialty model. They mainly practise the medico-legal expertise in dedicated hospital units, and have undergone a medical university curriculum, with medical specialties ranging from general medicine to anatomopathology, and from occupational medicine to public health.This thesis explores the tension between a judicial expert assessment and a medical specialty, and analyses this tension, simultaneously as being enshrined into the formation process of the occupational group, and as a driving force of the coproduction of medical and judicial truths about facts. The research builds on the implementation of an empirical investigation system, associating ethnographic observations, interviews, and documentation. The different locations that were analysed (autopsy rooms, doctors’ offices, Ministerial directions, decentralised administrations, Public Prosecutors’ committee rooms, congress) constitute a two-level analysis of the medico-legal apparatus: on one hand, the protocol level, where medico-legal activities are organised and supervised, from state-level administrations to local departments; on the other hand, the expert assessment level, where medical examiners were studied from medical examination rooms up to courts of law. The first chapter explores the protocol level, by studying, in particular, the genesis, elaboration and implementation of a forensic medicine reform. It highlights how the organisation of medico-legal activities has been oscillating between two definitions of a medico-legal expertise; these two definitions respectively establish the figure of a judicial expert doctor, and the figure of a forensic specialist. The second chapter focuses on the careers of those who embrace the medico-legal expertise field. It reveals how doctors’ positions on medico-legal expertise are reliant on the way they adjust the practising of this activity to their original medical education. Finally, the third chapter analyses the practices of experts and magistrates from the Public Prosecutor’s department, within the organisations where the medico-legal expert assessments are produced and used, from hospitals to courts of law. This ethnography of how medico-legal evidence is created underlines the tensions that come up within this activity stream, as doctors mix up different frameworks in the way they examine assaulted bodies.This mobile approach of the medico-legal apparatus allows the surfacing of two theoretical concerns. First, the logical hierarchy between the micro level of practises and the meso level of organisations leads to renew the approach for professional segments. Studying segmentation processes is a way of determining if forensic medicine is more driven towards being an activity that is piloted by the judicial administration supervision (which funds and consumes the expert assessments), or towards becoming an autonomous medical discipline with the same regulation mechanisms as a regular hospital specialty. This second concern leads to studying the socialization mechanism as well as the practises of experts in a dynamic way. Ultimately, this thesis proposes to analyse a practise that is stretched between different surroundings in concrete situations, while analysing specific social determining factors of the medico-legal assessment, by dynamically exploring three levels: the organisation of forensic medicine, the socialization of the experts, and the actual activity of the professionals that produce and seize medico-legal assessments
Arnoux, Yann. "Le recours à l'expert en matière pénale." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32063.
Full textJuston, Romain. "Le corps médico-légal. Les médecins légistes et leurs expertises." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV133.
Full textThis research focuses on medical examiners and the reports they provide upon requisition from Public Prosecutors. Neither occasional collaborators of the judge, nor holders of a specific specialty title, forensic scientists and medical examiners form a professional body that is quite distant from both the judicial expert assessment model and the medical specialty model. They mainly practise the medico-legal expertise in dedicated hospital units, and have undergone a medical university curriculum, with medical specialties ranging from general medicine to anatomopathology, and from occupational medicine to public health.This thesis explores the tension between a judicial expert assessment and a medical specialty, and analyses this tension, simultaneously as being enshrined into the formation process of the occupational group, and as a driving force of the coproduction of medical and judicial truths about facts. The research builds on the implementation of an empirical investigation system, associating ethnographic observations, interviews, and documentation. The different locations that were analysed (autopsy rooms, doctors’ offices, Ministerial directions, decentralised administrations, Public Prosecutors’ committee rooms, congress) constitute a two-level analysis of the medico-legal apparatus: on one hand, the protocol level, where medico-legal activities are organised and supervised, from state-level administrations to local departments; on the other hand, the expert assessment level, where medical examiners were studied from medical examination rooms up to courts of law. The first chapter explores the protocol level, by studying, in particular, the genesis, elaboration and implementation of a forensic medicine reform. It highlights how the organisation of medico-legal activities has been oscillating between two definitions of a medico-legal expertise; these two definitions respectively establish the figure of a judicial expert doctor, and the figure of a forensic specialist. The second chapter focuses on the careers of those who embrace the medico-legal expertise field. It reveals how doctors’ positions on medico-legal expertise are reliant on the way they adjust the practising of this activity to their original medical education. Finally, the third chapter analyses the practices of experts and magistrates from the Public Prosecutor’s department, within the organisations where the medico-legal expert assessments are produced and used, from hospitals to courts of law. This ethnography of how medico-legal evidence is created underlines the tensions that come up within this activity stream, as doctors mix up different frameworks in the way they examine assaulted bodies.This mobile approach of the medico-legal apparatus allows the surfacing of two theoretical concerns. First, the logical hierarchy between the micro level of practises and the meso level of organisations leads to renew the approach for professional segments. Studying segmentation processes is a way of determining if forensic medicine is more driven towards being an activity that is piloted by the judicial administration supervision (which funds and consumes the expert assessments), or towards becoming an autonomous medical discipline with the same regulation mechanisms as a regular hospital specialty. This second concern leads to studying the socialization mechanism as well as the practises of experts in a dynamic way. Ultimately, this thesis proposes to analyse a practise that is stretched between different surroundings in concrete situations, while analysing specific social determining factors of the medico-legal assessment, by dynamically exploring three levels: the organisation of forensic medicine, the socialization of the experts, and the actual activity of the professionals that produce and seize medico-legal assessments
DE, VARENNES VALERIE-ANNE. "Reflexions sur les expertises de securite sociale (decret du 7 janvier 1959) : a propos d'une etude portant sur 200 expertises." Lyon 1, 1989. http://www.theses.fr/1989LYO1M428.
Full textFebrer, Michel. "Enseigner en prison : entre contraintes, incertitudes et expertises." Thesis, Bordeaux 2, 2009. http://www.theses.fr/2009BOR21655/document.
Full textThis thesis work set out to investigate the characteristics and implications of teaching in prison. In a prison context that is characterised by overpopulation and penal laws that are changing constantly, teachers who work in prisons, face working conditions that were not designed for educational purposes and increasing difficulties. As a consequence, to try to identify and analyse what teaching in prisons mean, the researcher has made an attempt to answer the following questions: Does the act of teaching presents some spécific characteristics within the prison context? Is the possibility to get access to learning a privilege? Can we talk about a "two levels" teaching system? In order to try and answer these questions, the researcher opted for a multireferential approach (historical, sociological, etnhographical and pedagogical) and resorted to participant observation as main research method. However, this observation work was completed with face to face interviews with teachers who work in prisons in view of a greater distance with the observed situation. Results identify three differents types of teaching in prisons. Moreover, getting access to education for prisoners is not a privilege thanks to a diversified training offer from part of teachers. The latter play roles that they are not trained to play which both strengthens and weakens their status. These factors combined with the conjunction of strong and steady constraints and uncertainties due to prisoners turnover, groups instability and a combination of micro, punctual training schemes together with formal and permanent educational curricula, of emergency situations and prisoners with mental difficulties with various levels of motivation are the background of the teaching in prison process. This research work enables to show evidence of the existence of five areas that should be granted specific attention:burnout amongst the local teachers in charge of managing education in prison because of the increasing administrative work burdens they have to face; the lack of time for in depth teaching due to a strong demand for learning in the prison context; the private management of prisons that represents a drawback for setting up education schemes; the increasing variety of tasks teachers have to perform on top of teaching due to a more adminstrative management ; teaching conditions more and more affected by the prison context due to an increasing legislative control
Meuke, Boutchouang Bérenger Yves. "L'expertise en droit des sociétés." Lyon 3, 2005. http://www.theses.fr/2005LYO33034.
Full textRoget-Pandelé, Geneviève. "Vers une psychologie "légale" en matière pénale." Bordeaux 1, 1986. http://www.theses.fr/1986BOR1D302.
Full textIf expert psychological appraisement has now existed in france for some 25 years and is being used more and more, it is being conducted in a juridical vacuum which has long maintained the psychologist on the fringe of judicial proceedings. Based upon statistics provided by a national survey conducted among consultant psychologists and a sample of 235 cases examined by the author, this work presents the evolution and the present situation of this practice. Its aim is to indicate clearly the specificity of psychological appraisement in penal proceedings by presenting those who carry it out, the means of investigation used and the tasks entrusted to them. The role of expert psychological appraisement in establishing diagnostics, prognostics and indications regarding the treatment is first presented from a theoretical angle then in the light of pratical experience resulting from the selection of 10 cases and of statements made by those examined. Then the author draws attention to the limits to be respected and the traps to be avoided when carrying out this task. The conclusion presents the ideal profile of the consultant psychologist and stresses the need to provide adequate training for the psychologists and jurists concerned and to draw up texts to legalize a pratice which today has made its mark and shown itself to be irreplaceable in penal proceedings
Dumoulin, Laurence. "L'expertise comme nouvelle raison politique ? : discours, usages et effets de l'expertise judiciaire." Grenoble 2, 2001. http://www.theses.fr/2001GRE21012.
Full textThuly, Jean-Marc. "Les expertises pedo-psychiatriques dans les cas de divorce." Aix-Marseille 2, 1990. http://www.theses.fr/1990AIX20951.
Full textLi, Sabine. "Mécanismes d'endommagements des matériaux abradables pour turbines : expertises, simulations." Ecully, Ecole centrale de Lyon, 1998. http://www.theses.fr/1998ECDL0041.
Full textKadima-Kabeya, Stanislas. "L'expertise médicale devant le tribunal : étude législative comparée du droit québécois et du droit français." Sherbrooke : Université de Sherbrooke, 1997.
Find full textTouyeras-Paulze, d'Ivoy Bénédicte. "L'expertise en droit des sociétés." Paris 10, 1993. http://www.theses.fr/1993PA100003.
Full textCompanies are mosaics of collective and individual interests, and French law provides them with a variety of auditing bodies : management audit, audit "in futurum", the various "comite d'entreprise" (joint production committee) experts, and the expert in charge of setting the real price of social rights, to name but a few. In the first part of this thesis we will find a common ground between means of valuation available and the inherent interests of a company. We will compare article 226 to a collective interest such as social interest. We will also explain how article 145 of the "ncpc" can best defend the individual interests of an associate. Finally we will show how the experts of the joint production committee are linked to the interests of the employees and can be asked to put a price on the individual interests of an associate who wishes to leave the company. This first part emphasizes the extreme flexibility of the functioning of the different audits, so that the audit (fr. "expertise") actually becomes a tool to defend interests. Moreover, analyzing the different interests within a company shows that it is more appropriate to speak of an enterprise (i. E. Without any legal connotation) rather than of a company (legal entity), as only the concept of enterprise takes into consideration the interests of the employees. In the second part we prove that a potential audit makes the enterprise more transparent to a third party's eyes so that the enterprise can no longer be exclusively the associates' property. In fact outsiders to the enterprise (the French stock exchange commission, the justice department) can ask for an audit and so have a say in the management of a company. Finally, an audit shows how the joint production committee is at an advantage, since it has at its disposal the management audit, the audit "in futurum", as well as the different types of audits which are its own prerogative
Arnoux, Yann. "Le recours à l'expert en matière pénale /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb392010575.
Full textDesmartis, Télèphe P. "Médecine légale." Paris : BIUM, 2004. http://www.bium.univ-paris5.fr/histmed/medica/cote?TBOR1859x010.
Full textRodrigues, Luciana Rosa. "CIÊNCIA NO TRIBUNAL: AS EXPERTISES MOBILIZADAS NO CASO BELO MONTE." Universidade Federal de Santa Maria, 2013. http://repositorio.ufsm.br/handle/1/6238.
Full textEsta dissertação trata da utilização dos conhecimentos técnico e científico pelo judiciário. Busca compreender como a ciência é traduzida nos processos jurídicos e verificar quais os principais experts mencionados, tanto pelo Ministério Público Federal do Pará, quanto pelo Judiciário, definindo, assim, quem são as pessoas e os argumentos que foram legitimados no caso judicial decorrente da construção da Usina Hidrelétrica de Belo Monte, no Estado do Pará, Brasil. Assim, cuida-se da questão de como a ciência adentra o meio jurídico, e de como é tratada e interpretada por pessoas que não têm conhecimento especializado em ciência e tecnologia. Parte-se das perguntas: como fazem os magistrados para eleger entre os documentos técnicos produzidos por autor e réu quando esses são contraditórios? Existem critérios para nortear tais casos? Posteriormente, analisam-se especificamente as iniciais dos quinze processos ajuizados, a fim de verificar quais os argumentos e profissionais são mais referidos e recorrentes. Depois, analisam-se duas sentenças já proferidas no caso, objetivando verificar quais expertises o Judiciário legitimou ou deslegitimou. O trabalho baseia-se em uma pesquisa de campo feita pela autora em Belém do Pará e Campinas, onde teve acesso aos autos de alguns processos do caso e entrevistou os interlocutores-chave, ou seja, as pessoas que com seus trabalhos científicos deram ferramentas ao Ministério Público Federal do Pará para o ajuizamento de quinze Ações Civis Públicas. Para isso, será utilizado o conceito de tradução de Latour, de expertise de Harry Collins e Evans, bem como os estudos de Sheila Jasanoff sobre a ciência nos tribunais norte-americanos. Será utilizada a análise de discurso como método de interpretação das entrevistas concedidas.
Kao, Yien Márcio André de Sousa. "Profissões médicas e violência obstétrica: expertises, monópolios, autoridades e medicalização." Faculdade de Direito de Vitoria, 2016. http://191.252.194.60:8080/handle/fdv/214.
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A violência obstétrica é uma das mais pérfidas formas de violência contra a mulher exatamente porque viola sua dignidade quando ela está no contexto de particular vulnerabilidade, que é o período de gestação, pré-parto, parto e puerpério. A violência obstétrica relaciona-se diretamente com a prática das profissões médicas, cujo campo profissional é marcado pela busca pelo monopólio da expertise e do monopólio dos serviços de saúde, bem como pela existência de uma ação pedagógica nas faculdades de medicina marcada pela incorporação de um habitus profissional e de padrões de violência simbólica. A prática médica, por sua vez, também é marcada pela autoridade cultural dos médicos sobre os pacientes e sobre as demais ocupações no mercado da saúde, cuja forma de interpretar o atendimento é feito sob a ótica da medicina. A consequência é a medicalização e uma iatrogenia clínica, social e cultural, que repercute no adoecimento dos indivíduos, na perda da autonomia sobre o meio e no servilismo em relação à terapêutica. Este processo de medicalização também se verificou na história brasileira. As profissões médicas formaram um mercado monopolizado e pautado em um conhecimento especializado que na prática é lidado de forma exotérica. Na obstetrícia, o monopólio médico significou a exclusão das tradicionais parteiras, bem como a retirada do protagonismo da mulher no contexto da própria parturição. Este cenário criou margem para o estabelecimento de diversas formas de violência, objetificação e apropriação do corpo feminino, que foram combatidas posteriormente pelos movimentos de humanização do parto e por legislações como o projeto de lei 7633 de 2014, que trata sobre a violência obstétrica. No trabalho de campo buscou-se analisar as hipóteses da pesquisa e verificar a forma em que os médicos da instituição lidam com temáticas como a lei do acompanhante, a episiotomia de rotina, as cesarianas, a reinserção das profissões paramédicas no atendimento e demais questões que envolvem a problemática da violência obstétrica.
Obstetric violence is one of the most insidious forms of violence against women precisely because it violates their dignity when they are in the context of particular vulnerability, which is the period of gestation, antenatal, delivery and postpartum. Obstetric violence is directly related to the practice of the medical professions, whose professional field is marked by the pursuit of monopoly of expertise and the monopoly of health services, as well as the existence of a pedagogical action in medical schools marked by the incorporation of a professional habitus and symbolic violent patterns. Medical practice is also marked by cultural authority of doctors on patients and on other occupations in the health market, whose way of interpreting the service is done from the perspective of medicine. The consequence is the medicalization and a clinical, social and cultural iatrogenesis, which affects illness on individuals, as well as loss of autonomy on the environment and servility in relation to the medical treatment. This medicalization process also took place in Brazilian history. Medical professions have formed a monopolized market that is ruled by a specialized knowledge, but in practice dealt in exoteric terms. In obstetrics, the medical monopoly meant the exclusion of traditional birth attendants, midwives, as well as the removal of the woman's role in the context of their own parturition. This scenario has created scope for the establishment of various forms of the female body objectification and violence, which were then addressed by the movements for the humanization of childbirth and legislations such as the bill 7633 of 2014, which deals with obstetric violence. In the fieldwork done in the institution was sought to analyze the hypotheses of this research and confirm the way the doctors of the institution deal with issues such as the law of the escort, routine episiotomy, caesarean sections, reintegration the paramedical professions in care and other issues surrounding the problem of obstetric violence.
Leclerc, Olivier Lyon-Caen Antoine. "Le juge et l'expert : contribution à l'étude des rapports entre le droit et la science /." Paris : LGDG, 2005. http://catalogue.bnf.fr/ark:/12148/cb400735559.
Full textLaügt, Olivier. "Entre signification scientifique et décision politique : l'expert, ou l'émergence de la raison rhétorique." Bordeaux 3, 1998. http://www.theses.fr/1998BOR30021.
Full textThis thesis aims to participate in the understanding of the expert's role in the public understanding of science. It is postulated that beyond their diversity, a global effect emerges from the expertise, which gives us some information about the relationship between science and society. The thesis goes on to state that the expert can change the image of science rather than being the product of social conditions. A review of the relationship between science and decision making is considered first, which explains the technocratic pattern in reference to the important role which common sense plays in associating science with authority and progress. Then the pragmatic pattern described by Habermas seems to articulate itself better to the public(s). Next an operational definition of the expertise is built up, and then the semantic field of the term "expert" is investigated with the help of a computerized technic that allows the study of the laws of distribution of vocabulary in some textual corpus. Lastly, examples of discourses of expertise are studied. On one hand, the analysis of the media's discourse shows that experts are often blamed for hi-jacking a debate that should involve the general public. On the other hand, the confrontation of experts' narratives with the canons of scientific discourse brings to light the idea that expertise carries out a combination of scientific and extra-scientific reasons, by means of rhetorical techniques. The outcome is that the expert can help a wider form of rationality to emerge, which is called the rhetorical reason. Consequently, the expert's attitude can contribute to spread a culture of uncertainty, which is likely to set up a fertile ground for a renewal of scientific popularization. This could contribute to the debate about evaluation of scientific and technological choices
FOULI, TAOUFIK. "L'inceste pere-fille, personnalite du pere : a propos de 16 expertises psychiatriques." Limoges, 1988. http://www.theses.fr/1988LIMO0170.
Full textScolan, Virginie. "L'aide humaine / tierce personne ou la problématique d’une évaluation au plus juste lors de l’expertise médicale du "grand handicapé" : la prise en compte du handicap en matière de dommage corporel." Limoges, 2012. http://aurore.unilim.fr/theses/nxfile/default/e683108e-e911-4c31-86f5-3a48b3d85af9/blobholder:0/2012LIMO310B.pdf.
Full textSince about twenty years, the legal redress knew striking evolutions. The missions supervising the medical and legal evaluation followed these evolutions with the appearance of numerous posts of damages of which that of the caregiver, representing near half of the total cost of compensation. Its determination concentrates almost to her only all the difficulties of the evaluation of the disability. And its compensation finds its foundation in one of the founding principles of the compensation, that of complete repair. Confronted with our clinician's practice, several difficulties appeared at us. They led us to question us about our medicolegal practice, in particular during the evaluations of the victims of physical injury pulling majors disabilities : These difficulties are essentially adjacent to the notions of the disability and the human aid and in the limits of the medicolegal evaluation. Our study was thus interested in all this problem and tried to bring forensic answers, adapted to the legal and medical framework of our society
Suter, Stefan. "Die Gutachten der Basler Juristenfakultät in Straffällen : vom ausgehenden 16. bis zum Beginn des 19. Jahrhunderts /." Basel : Helbing & Lichtenhahn, 1990. http://catalogue.bnf.fr/ark:/12148/cb36679026j.
Full textBachelier, Elsa. "Les modalités d’appropriation des expertises CE et Chsct par les représentants du personnel." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM3037.
Full textThe thesis is carried out as part of an industrial convention of a research training program (Cifre) with a consultancy firm specialized in social relationships, in the study of contemporary issues of work (organisation, working conditions, working evolution etc…) and in the companies’strategy. This firm carries expert assessments requested by the Institutions representing the staff (works council or joint consultative committee, Chsct) – an appropriation which is marked by a strong disparity. This investigation fits into a study line made by the Dares on the staff representatives acknowledgements which was made in 2009 by both the firm and the Ceperc. During this investigation, it appeared that the assessment had an ambiguous place in the speech of the staff representatives. Though they thought the investigation useful, they don’t always relate it to a source of knowledge. Beginning with a reflection on the notion of expertise, this work seeks to understand how expertise operates as a link between the world of militant workers and that of the experts working with representative bodies. The first part of my thesis tends to confine these two worlds distinctly, while the second offers to put them into practice through the activity of the practice and a survey conducted with the staff representatives. The results thus obtained allow us to bring out paths of appropriation depending on militants profile, categories of expertise and knowledge
Aboulam, Smaïl. "Recherche d'une méthode d'analyse du fonctionnement des usines de tri-compostage des déchets ménagers : fiabilité des bilans matière." Toulouse, INPT, 2005. http://ethesis.inp-toulouse.fr/archive/00000156/.
Full textThe assessment of a municipal solid waste composting plant aims at the realisation of the material balance and the analysis of the operation of the processing sequence. A precise material balance makes it possible to carry out a fine economic analysis. The method suggested is based on the analysis of each equipment before the establishment of the total assessment of the platform. That allows, in the event of insufficient output quality, to target the interventions and to improve the output without blaming the totality of the processing line. To arrive there, standardised methods of sampling and characterisation of municipal solid waste and compost were adapted to intermediate flows. A database, for the error analysis according to the formulas of Gy, is proposed and the software BILCO is used for the establishment of the statistically coherent material balance. During our work, we tested the equipments most used in composting plants : the composting area, the screens with average mesh from 20 to 50 mm and with finer mesh from 8 to 15 mm, the selective conveyor, the densimetric table and the rotating drum. All the equipments are tested in real size, in different plants, except the rotating drum and the average screen which were the subject of a study at the laboratory. A simulation of screening at 20 mm shows it is possible to detect the origin of the sampling errors made at the time of the analysis of this kind of equipment. A composting pilot of 750 l was worked out, to follow the loss of mass and the CO2, CH4, NH3 and N2O outputs, during composting in rotating drums. The results obtained by the tests on the experimental drum were validated on an industrial drum. The hypothesis of the conservation of the mineral matter during the composting and the accuracy of the total organic matter content determination (ignition loss at 550°C) were the subject of a parallel test. From the studied equipments, a standard processing line of municipal solid waste composting is proposed and a simulation of treatment of waste in a small Breton facility is carried out. An alternative of the processing line is proposed to adapt it to the socio-economic context of the developing countries
Beauvarlet, Cécile. "La place du médecin expert judiciaire dans la réparation du dommage corporel." Montpellier 1, 2002. http://www.theses.fr/2002MON10071.
Full textBeauvallet, Olivier. "Le juge et l'expert : savoir et qualification." Paris, EHESS, 2001. http://www.theses.fr/2001EHES0065.
Full textThe expert's participation in legal proceedings raises problems about this person's place on the judicial investigation. It also troubles the judge's decision, and the enforcement of the law. Firstly, the judicial environment of the expert's activities is detailed. The fact in law is only understood according to the judge's mind, and occasionally, the expert's explanations. Besides, the expertise is operated under the procedural rules that the judge must check either when the experiment is made or when the survey is publisched. By all means, the expertise is regarded now as the best way to produce evidence, even in ethical or social matters. Secondly, one makes a distinction between the matters of expertise. Some of the earliest ones are definitively settled in the proceedings. This is in particular the case of the insane or the minor. On the contrary, some others do not profit from the same developpement because of the prevalence of the jurisdiction's sovereignty. Nevertheless, this use of the judicial sovereignty may lead to ignore the technical explanations. Thirdly, science tries to introduce itself in the judicial system. The medical sciences now participate in the execution of the punishment. But on the whole, the judicial power uses of his own sovereignty to elude the birth of the new power of knowledge [summary of the autor]
Vaissière, Aude. "L'expertise judiciaire en matière pénale : problématique et prospectives." Montpellier 1, 2005. http://www.theses.fr/2005MON10019.
Full textLeclerc, Olivier. "Le juge et l'expert : contribution à l'étude des rapports entre le droit et la science." Paris 10, 2003. http://www.theses.fr/2003PA100065.
Full textScientific expertise Courts might order illustrates the relationship between law and science. When judges order such a measure, scientific knowledge is placed at judge's disposal. The relation between law and science is not fully described if simply presented as an adjustment of law to science. Rather, a legal conception of science emerges from the trial. The function assigned to expertise reveals this conception. Deemed an assistance toward judges, expertise actually contributes to decision-making. This legal conception of science is embedded within legal rules on expertise. In French law, the scientific validity of expert's utterances is warranted prior to the trial, while in the United-States legal system judges are endowed with a gatekeeping function. Hence, a plurality of legal constructions of science is to be described
Aboulam, Smaïl Revel Jean-Claude Lacout Jean-Louis. "Recherche d'une méthode d'analyse du fonctionnement des usines de tri-compostage des déchets ménagers fiabilité des bilans matière /." Toulouse : INP Toulouse, 2005. http://ethesis.inp-toulouse.fr/archive/00000156.
Full textSeye, Mamadou. "Expertise judiciaire en informatique : Perspective de droit comparé." Paris 9, 2008. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2008PA090032.
Full textEven if the concepts expert and expertises are usually employed in many fields in particular within the legal framework but especially in dataprocessing, it does not remain about it less than they are polysemousand deserve consequently explanations. The comparison of the expertise legal between the legislations examined with respectively knowing, those of France, of England, of Germany, of Belgium and Spain, present of the analogies, but also of the substantial differences as well with regard to designation and the implementation of the expertise as unfolding of the mission and finally consequences of the expertise. The comparative study becomes increasingly interesting in right that in fact, progressively with the developments, i. E. A unicity of the problem induces necessarily a unicity of solution and this, in all the legal systems. From this point of view, substantial analysis, although less pregnante in the First Part, did not pass under the forks caudines of the formal analysis, which specify it, is impossible to circumvent throughout our study. It is not a question to show a systematic opposition between the right and the object, but to put forward an interdependence, even of aninteraction between the formal analysis and the substantial analysis even if, at some places, one sees stinging a shift between them in particular on the level of the principle of contradiction
Langlois, Jennifer. "Les expertises dans le domaine du vin : cas du concept de vin de garde." Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOS017/document.
Full textThis work aimed to investigate different types of knowledge and skills involved in wine expertise. This work is based on the “vin de garde” concept, we first broadened the study of this concept, and we identified gustatory (astringency and acidity) and olfactory (woody, burnt, vanilla and prune notes) clues used by wine professionals from Bourgogne to judge the aging potential of red wines from Bourgogne. The expertise is investigated through two studies. In the first study, we examined if the environment in which professionals practise leads to specific perceptive skills and conceptual knowledge regarding wines with an aging potential. We showed that overall professionals from Bourgogne and Bordelais are in agreement to categorize wines from Bourgogne and Bordeaux in “vin de garde” and “vin de non garde”. However, their judgements regarding aging potential seem more consensual for wines from their own area compared to wines from the other area. This could indicate that familiarity is involved in aging potential judgments. In the second study, we examined how perceptive skills, conceptual knowledge, lexical content and knowledge status are combined for wine professionals, oenophiles, wine consumers, and panelists trained to describe wines. We showed that these different aspects are combined according to the type of expertise: oenophiles use a conventional and normative discourse like professionals, panelists use a lexicon similar to professionals, but oenophiles and panelists are similar to consumers when perceptive skills and conceptual knowledge in reference to wine with an aging potential are required. Professionals and oenophiles consider themselves as belonging to a community with shared knowledge and representations. Their knowledge is also more certain than that of panelists and consumers. An interesting aspect for the study of expertise emerges: the shared and sure status of knowledge
Boireau, Pascal. "Des virus entéritiques au nématode parasite Trichinella; aller et retour entre recherche et expertises." Habilitation à diriger des recherches, Université Paris XII Val de Marne, 2003. http://tel.archives-ouvertes.fr/tel-00790064.
Full textLanglois, Jennifer. "Les expertises dans le domain du vin : cas du concept de vin de garde." Phd thesis, Université de Bourgogne, 2010. http://tel.archives-ouvertes.fr/tel-00575629.
Full textBellon, Anne. "Gouverner l’internet : mobilisations, expertises et bureaucraties dans la fabrique des politiques numériques (1969-2017)." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D089.
Full textThis research deals with the conception and evolution of Internet policies, more specifically in France from the mid-1990’s onwards. It investigates the possibility of government intervention in a social space marked by decentralized governance and strong technical impediments. To this day, little attention has been devoted to the part played by state elites in governing the digital revolution : this research hence studies internet policies in the light of bureaucratic mechanisms at stake in internet policies, taking into account conflicts within the administration and the relationships of public actors with activists, scientists or private interests. The fieldwork combines the observation of digital protest groups and an account of a government cabinet’s everyday life. This dissertation also relies on a network analysis, the study of administrative reports and Web archives as well as on numerous interviews. It evidences how public actors have adapted to the Internet revolution, by contributing to this phenomenon and spreading its logics inside the bureaucratic structures, and how they have finally changed the design and implementation of public policies in the digital age. The dissertation offers a contribution to the analysis of modern state transformation and policy change, as it clarifies the ways in which state elites preserve their ability to govern a society transformed by technology
Caby, Vincent. "L’institution de l’expertise. : Une analyse des déterminants, des usages politiques et de la crédibilité scientifique de l’expertise, à partir du cas des expertises collectives INSERM et INRA." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0007.
Full textScientific expertise plays a growing role in the policymaking process in democracies. It shapes public problems and their solutions relatively autonomously from the election process. This role is explained by the increasing complexity of problems and solutions in technical societies.In this thesis, we investigate the function of scientific expertise that is deemed credible by policymakers. Unlike scholars in the Knowledge Literature and the Evidence-Based Policy movement, we do not intend to express universalist claims. Instead, we build a middle range theory: one of a type of use of a specific kind of expertise within a particular context. This triptych (type of use-type of expertise-type of context) permits us to reconcile two contradictory approaches of the use of expertise: one “externalist” explains the type of use of expertise by the particular context in which it is used, another “internalist” explains the type of the use by the intrinsic qualities of the specific kind of expertise.In order to do this, we investigate how policymakers within the French ministries for Health and Agriculture use INSERM and INRA collective expertise – an expertise method close to systematic literature reviews.We successively display: the specific criteria policymakers use to assess the credibility of expertise, their intended and effective use of such knowledge, the context in which they order an experts’ report. Our investigation allows us to test and organize a set of indicators and contextual factors of the type of use.We demonstrate that these INSERM and INRA collective expertise appear as an authoritarian and truthful discourse to actors involved in the public debate. They frame public problems and their solutions.We also explain how expertise gains its scientific credibility in the eyes of policymakers. On the basis of recent works in the fields of science and technology studies and communication studies fields, we establish that the credibility of INSERM and INRA collective expertise derives from the implementation of rhetorical and practical devices in their production. We show that such devices are not ready-to-use: their implementation requires a set of knowledge and know-how.We also demonstrate that the very nature and reputation of the expertise and its producers are the result of a long process in which researchers play a key role: their career, position, representation, thoughts, actions and interactions.This thesis constitutes a missing piece in the systematic exploration of the growth of collective expertise and systematic literature reviews in France in the last twenty years.It is based on a variety of qualitative methods (interviews, observations, archive, case studies) as well as quantitative methods (statistics descriptive, factor analysis, hierarchical cluster analysis)
Daniel, Marina. "Regards sur le corps meurtri : victimes, expertises et sensibilités en Seine-Inférieure au XIXe siècle." Rouen, 2007. http://www.theses.fr/2007ROUEL566.
Full textAre victims the ones that History forgets ? By choosing the topic of the wounded body, the aim of this thesis was to study the victims of body violences, and thus to discover their social profile, to follow their legal course from the aggression to the lawsuit. This mainly approach concerns historical anthropology. The complaints and especially the depositions allowed a new life to the victims’ words. Testimonies and the analysis of the press were an opportunity to reach not only the social representations of the victim and the suffering, but also the sensibilities. Moreover this study could not be complete without the study of the practice of forensic medicine, which states the sufferings of the victims and helps for the recognition of their statute. Finally this thesis makes it possible to study the institutional, medical, social readings of violences and the body sufferings
Noury, Arnauld. "La notion d'expertise dans le droit de l'administration." Nantes, 1996. http://www.theses.fr/1996NANT4018.
Full textThe expertise is traditionally considered as an instrument between judge's hands. The expert is supposed to be competent, he's reputed destitute of one's own free will. The juridictional analysis try to demonstrate, that this "schema" is a pretence. The expertise is fully an normative activity in front of the judge as in front of the administration
Lazorthes, Dorothée. "Vulnérabilité et dangerosité : étude différentielle sur les facteurs de risque des homicides et des agressions sexuelles." Toulouse 2, 2007. http://www.theses.fr/2007TOU20001.
Full textIn this study we examine the risk factors in homicidal and sexual assault, and particularly the vulnerability (precriminal) and dangerousness factors (criminal and postcriminal). We examined 452 penal cases of inmates convicted for homicide (G1- murder, G2- manslaughter) or sexual assault (G3- rape with tortures and barbaric acts, G4- rape, G5- rape on under age person fifteen-year-old). With the data collected, we elaborated a chart based on the model of the Kinetics of Violent Crime (Combalbert and al. , 2002). The data retrieved has been the object of a statistical analysis wich which we could emphasize differential intergroup and intragroup risk factors. On the one hand, the discussion of the results and their illustration with clinical cases enabled us to emphazise specific factors of vulnerability and dangerousness (experience of crisis before the act, drug addiction, sex abuse in the childhood, acknowledge of the act). At the conclusion of this work, we listed the biais and limits of this study. As a consequence to that, we thought over different ways from praxeological angle or for the purpose of research (assessment tools and teatment of dangerousness)
Delmas, Corinne. "Les rapports du savoir et du pouvoir : l'Académie des sciences morales et politiques de 1832 à 1914." Paris 9, 2000. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2000PA090021.
Full textScholz, Susanne. "Rape plots : a feminist cultural study of Genesis 34 /." New York ; Paris : P. Lang, 2000. http://catalogue.bnf.fr/ark:/12148/cb37210344b.
Full textLefebvre, Thibaut. "L'expertise face à la production d'informations financières des sociétés /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb39189496k.
Full textBibliogr. p. 441-498. Index.
Oytana, Yves. "Analyse économique de l'expertise judiciaire." Thesis, Besançon, 2013. http://www.theses.fr/2013BESA0003/document.
Full textThe objective of this thesis is to study the mechanisms by which an expert, who is appointed by the judge or by aparty to search evidence, may contribute to increase the quality of the judicial decision-making. We use two criteriato study how the use of experts may benefit to the judicial decision-making : the cost of expertise and the cost oferrors due to incorrect decisions by the judge. Our work is divided into four chapters.Firstly, we study the judicial expert’s incentives and we highlight the existence of moral hazard and adverse selectionproblems in the relationship between the judge and the expert. Secondly, we offer a comparative view of two differentcategories of procedure in which experts may be appointed : the inquisitorial procedure and the adversarial procedure.Thirdly, we study more specifically the relationship between the judge and the expert, when the judge exerts a controleffort and the expert exerts a research effort. Finally, we highlight the consequences of potential conflicts of interestsfrom the expert, or the consequences of a bias in the methodology used to conduct the expertise. Such conflicts ofinterests or bias may create some errors in the decision-making. In this context, we investigate how the presence ofan appeal mechanism may reduce the adverse effects of a potential bias in the results of the expertise
Lefebvre, Thibaut. "L' expertise face à la production d'informations financières des sociétés commerciales." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32035.
Full textToday, it appears that, inside the Co. A lack of confidence in tha managers may occur from a large number of the parties involved in a company. Basically, these parties have the opportunity to get many relevant information, allowing them to have a precise idea of the way to manage the Co. The truth is that the managers, aware of the importance of the power of information, may precisely try, without fraud, to disrupt the access to the information. In doing so, information provided by the Co is not efficient. However, law allows the different parties in obtaining the uppermost reliable information. The corporate committee or the judge can actually designate an expert whose aim is to gather the necessary relevant information inside the Co. Therefore, the expert's ability in providing the right information makes him the best link between the executive committee and the other parties of the Co. The aim of expertise is to set, later on, if the Co was wellmanaged, and if not, find solutions. On the other hand, the expert can also be considered as a help for the managers and stackeholders
Mongo, André. "L'expertise et les autres mesures d'instruction en contentieux administratif." Tours, 2000. http://www.theses.fr/2000TOUR1008.
Full textFournier-Grumbach, Isabelle. "Présomptions et vérité en droit de la filiation." Montpellier 1, 2002. http://www.theses.fr/2002MON10020.
Full textCohin, Emmanuelle. "Étude de l'influence des rapports d'experts psychologues sur l'évaluation de la culpabilité d'un suspect par des jurés d'assises." Paris 8, 2009. http://octaviana.fr/document/152361766#?c=0&m=0&s=0&cv=0.
Full textIf French Justice asks a psychologist expert for an explanation of a suspect's personality of criminal court, it doesn't means that she wants him to establish his guilty, even less to convince the jury. That's why the nature of the possible influence of psychologists experts on the decisions of jurors is the subject of a lot of scientific literature, as much as the juridical and moral stakes are important. The aim of the thesis is to analyze and value, on form and content, the effects of those psychological reports on the presumed guilty's perception and on jurors' decision regarding his innocence or guilt. First, four analysis on real expertise reports have been made. The main results show that : 1) the writing of a psychological report meets simple rules and structure, generated by the judicial requirements and constraints that could be sensiblement changed by the experts' theorical approach ; 2) using a linguistic style (powerful vs powerless) would depend on the expert himself and not on his social status. Then, three experimental studies were carried out in order to evaluate the valence's (negative vs positive) and linguistic style's effects (powerless vs powerful) in the analysis of personality on the perception of three populations (students in the law, in psychology and naïve people) of a suspect and of the psychologist who appraised in categories the framework of two criminal cases. The results show particularly that a psychological report in criminal case have influence on the decision of the jurors, and this influence can grow when the suspect's version is a likely story
Canselier, Guillaume. "Les données acquises de la science : les connaissances scientifiques et la faute médicale en droit privé." Paris 1, 2006. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/les-donnees-acquises-de-la-science-9782848741338.html.
Full textMirdamadi, Shirin. "Système d’aide à la décision pour la génération des processus d'inspection par la fédération des expertises métier." Thesis, Paris, ENSAM, 2014. http://www.theses.fr/2014ENAM0023/document.
Full textIn the current economic and competitive environment, what distinguish the companies is their reactivity to provide increasingly complex products with increasingly diverse needs. To achieve this reactivity despite constraints, integrated engineering approachs have been emerged to better manage and organize the product life cycle. In this context, it is essential to take into account the characteristics' variations and their interdependencies to improve the performance (cost, risk, quality ...). This thesis was devoted to the generation of an optimal inspection plan including process variations monitoring and product variations control. A methodological framework for the co-conception of product control and process monitoring activities has been formalized and validated. This framework allows operational decision-making by the intervention of operational tools and ensures the satisfaction of strategic objectives (cost reduction, improved quality, increased productivity ...). FMEA, KC flowdown, and Activity Based Costing (ABC) were selected following a comprehensive literature review on quality planning and performance improvement. However, these tools present some lack to fill up and therefore are subjected to certain adaptations in order to best fit the needs of the proposed methodological framework. Integration of FMEA and KC flowdown resulted in a new tool called ACDE. As well the adaptation of ABC to estimate the cost of quality by "Quality-Driven ABC" was proposed. The application of these latter has been proposed to limit the inspection planning to “bare essentials activities