Dissertations / Theses on the topic 'Pluralisme juridique'
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Lebel-Grenier, Sebastien. "Pour un pluralisme juridique radical." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=38448.
Full textSecondly, that identity is at once complex, fragmented, interwoven and in flux. We are all inhabited by multiple and often contradictory relationships, allegiances and sensibilities whose overlaps define our identity. It is the constant arbitration with which identity confronts us that predisposes us to develop the empathy necessary to interaction and coexistence.
Thirdly, that normativity is a subjective experience that reflects the nature of our identity. The law cannot be viewed as an externality. It can only be actualized through the reciprocal interpellation it implies. The norm is a contested and fragmented space that implies prehension through a reflexive process and retroaction through its inscription within interaction.
This thesis explores the foundations and the articulations of norms. Firstly, the study of the sources of legal pluralism reveals the location of radical legal pluralism within a context which called for its emergence. The acknowledgment of the localization of normativity within a complex universe then serves as a foundation for the development of a typology which accounts for the whole scope of the normative domain. It is upon this ontological foundation that we can then acknowledge that the instrumental potential of normative phenomena is overestimated and its symbolic potential is underestimated. This foundation then allows us to contemplate the complexity and the interrelated character of both the emergence and the legitimization of norms. Hence, the mobilization of our shared character as normative agents is the only criterion that can serve as a basis for a radical pluralist conception of law.
Radical legal pluralism then represents both a metaphor which describes the wealth of the human condition through the legal experience and an emancipatory heuristic which enables a reappropriation of the law by those who, often without knowing, are its principal crafters.
Ortega, José del Carmen. "Le pluralisme juridique et les peuples autochtones." Paris 2, 2005. http://www.theses.fr/2005PA020003.
Full textIn early XXIth century, aboriginal peoples have the same legal status than any other citizens under the rule of law and, as a supplement, state recognize their customary status. So there is a duplicity of legal status. We analyse four countries : Australia, Canada, Colombia and New Caledonia. The starting print is the collection of rules, institutions and legal mechanisms adopted by the various states. The method is more inductive than deductive : from legal facts regarding aboriginal peoples, we try to conceptualise the characteristics of legal system in multicultural states. Principe on equality articulates customary law with state, or maybe it serves for their captation while aboriginal peoples demand formal equality between customary law and rule of law ; in the other side, they demand a material equality like citizens and affirmative action measures against their inferior conditions of living. Reflection about customary law puts in evidence a kind of evolution to an identitary law which mission could be: to protect cultural identities from their formation, to assure links of communities, to save cultural borders and to regulate the changing identity of individuals. Multicultural states answered to the demands of aboriginal peoples by a duplication of institutions and laws following three models : 1) Political, legal, jurisdictional and administrative autonomies (territorial units, personal status, customary jurisdiction, etc. ) ; 2) Special statutes (contributions, multilinguism, etc. ) ; and 3) Duplicities of law that create legal pluralism situations, in the way proposed by Jacques VANDERLINDEN. A legal pluralism pragmatist and situational is the opposite of systemic approach and concepts of law anthropologists
Boudreau, François, and François-Xavier Ribordy. "Opération Rainbow: saga judiciaire sur fond de pluralisme juridique." Presses de l'Université Laurentienne, Sudbury, Ontario, 1999. https://zone.biblio.laurentian.ca/dspace/handle/10219/169.
Full textCuvelier, Claire. "Le pluralisme démotique : contribution au concept juridique de peuple." Electronic Thesis or Diss., Lille 2, 2014. http://www.theses.fr/2014LIL20008.
Full textThe expression of « demotic pluralism » is used to designate the coexistence of different people in a multilevel system. Contrary to the traditional monist definition of the French people, this thesis aims to demonstrate the coexistence of several demoi in French constitutional law. In order to do so, the demonstration is structured into three parts. First, we explore the pluralist definition of demos in multilevel systems: the federal (India, Germany, United States, Switzerland) and the regional type (Spain, United Kingdom). Then, we submit a theory of multilevel demotic pluralism, which allows to describe and analyse the coexistence of a compound people and component people in a multilevel system. Finally, we apply this theoretical framework to the French legal system and to the European Union
Cuvelier, Claire. "Le pluralisme démotique contribution au concept juridique de peuple." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20008.
Full textThe expression of « demotic pluralism » is used to designate the coexistence of different people in a multilevel system. Contrary to the traditional monist definition of the French people, this thesis aims to demonstrate the coexistence of several demoi in French constitutional law. In order to do so, the demonstration is structured into three parts. First, we explore the pluralist definition of demos in multilevel systems: the federal (India, Germany,United States, Switzerland) and the regional type (Spain, United Kingdom). Then, we submita theory of multilevel demotic pluralism, which allows to describe and analyse the coexistence of a compound people and component people in a multilevel system. Finally, we apply this theoretical framework to the French legal system and to the European Union
Koraytem, Tabet. "Le pluralisme juridique en Arabie-Saoudite : essai de systémisation." Paris 2, 1999. http://www.theses.fr/1999PA020107.
Full textKaraa, Skander. "Les juges de l'activité professionnelle sportive. : Contribution à l'étude des relations entre pluralisme juridique et pluralisme de justice." Thesis, Limoges, 2014. http://www.theses.fr/2014LIMO0053.
Full textThe professional activity of those involved in sport provokes much conflict. Consequent disputes are extremely diverse. Materially, they are associative or contractual, administrative or legal, social, fiscal or criminal, disciplinary or non-disciplinary in nature. Territorially, they are national or international. All fit into a particularly robust system of sources: norms imposed on actors (sporting rules, state rules, and supranational rules) overlap with norms negotiated by them. Creating inevitable interactions between these legal entities, such legal pluralism is the source of a true pluralism of justice with strong litigation and material consequences.From a procedural standpoint, whether they are attached to a national legal system or a supranational or transnational one, legal bodies have strongly different characteristics and powers, yet still meet a common procedural logic. In general, judges intervene with a combination and a complementary approach, rather than in an adversarial relationship, even if the principles of distribution between the various methods of justice differ, whether a sporting dispute remains within the domestic sphere or exceeds it. From a substantive law standpoint, this multiplication of judges is not necessarily unfortunate in so far as this pluralism of justice appropriately consecrates and nourishes legal sporting pluralism. With their normative case law actions, these judges and arbitrators take part by acting alone or sometimes within a constructive dialogue, to an appropriate and consistent regulation of disputes relating to the professional activity of those involved in sport. This takes into account the peculiarities of the organisation of sport and the legal relationships established by these actors.Whereby, ultimately, the relationships between legal pluralism and pluralism of justice are part of a general settlement of federal sporting disputes and working disputes that generally conform to the basic principles of fair justice and appearing resolutely adapted to the specificities of professional sporting activity. Does this not illustrate an “ordered pluralism ?
Panisset, Isabelle. "Émergence d'un pluralisme juridique dans le domaine des innovations biomédicales." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ33071.pdf.
Full textSow, Sidibé Amsatou. "Le pluralisme juridique en droit sénégalais des successions ab intestat." Paris 2, 1987. http://www.theses.fr/1987PA021031.
Full textThe juridical pluralism of intestate inheritance in senegalese law, a consequence historical, socio-cultural and political factors, has given rise to the coexistence of two different systems of inheritance : one based on modern law, the other on islamic law. The first has its principle source in the french law that senegalese legislation has tried to improve and adapt to social realities. The islamic statute is inspired bu classical islamic law to which some innovations have been introduced traditional customs, still tenaciously alive in certain ethnic groups, do not constitute a part of the written juridical system. Pluralism is expressed by means of an option, either stated or deduced from the deceased person's behaviour. This option or choice, based on the respect of individuals's desires and on the principle of secularity, represents a unilateral committment. Pluralism is a transitional solution that should end in the unification already prepared by the legislator who has been anxious to consolidate the senegalese nation and to further economic and social developement. The first consists in putting all the inheritance systems together and organising them into a hierarchy. Modern law predominates and represents common law, conceived as an authorities to be realised. The second method is an attempt to conciliate the existing inheritance statutes by sitting up general dispositions applicable to all, whatever the option taken. In the long run, the best means of unifiying family law seems to be the synthesis of customary law, islamic law, and modern law. If such a synthesis is to succeed, the latter of the different systems must give way to their spirit
Gbaguidi, Ahonagnon Noël. "Pluralisme juridique et conflits internes de lois en Afrique noire." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40018.
Full textThis work deals with legal pluralism with regard to land ownership successions and conflicts of laws and jurisdictions which it generates in africa notably in the of benin. This question, which, given a state under the rule of an officially standardised legal would not be a matter of any significant concern, becomes particularly interesting in the context of duality of personal and factural statutes. In fact, not is bound to the same personal statute: some are bound to modern statutes, to traditional statutes. The law of inheritance is ruled by two systems of succession with frequently contradicting concepts and regulations. Likewise, the is dualistic: the traditional landlaw system, dominated by collective possession on lineage is opposed to the modern system, founded on individual appropriation (in the sense of the code civil). Indeed, seen internationally, the existence of several systems applied simultaneously, seen domestically, equally engenders internal of interpersonal laws. It is this complex situation which makes land ownership successions a particularly interesting subject. One tries to know if land could be handed by succession in the traditional legal system. Subsequently of interest alsois, what the applicable law for succession, especially in the event of mixed successions? The absence of clear and precise rules for solving such cases by the legislature, the twists of jurisprudence and the doctrinal controversies make all definite responses to questions a little difficult. The present work is concerned with the above problem analysing the legislation, the jurisprudence and also the doctrine, which in the light of results of the research carried out in the area under study, tends to propose some solutions which could primarily serve in bringing about necessary reforms
Sow, Sidibé Amsatou. "Le Pluralisme juridique en droit sénégalais des successions ab intestat." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37610048k.
Full textThomas, Florian. "Les relations de travail offshores : contribution à l'étude du pluralisme juridique." Thesis, Nantes, 2018. http://www.theses.fr/2018NANT2002/document.
Full textOffshore transnational employment relations are the meltingpot of many contemporary legal issues. They are at thecrossroads of considerations on transnational corporates’responsibility, on the diversity of ways of working, on theindustrial activities with infinite risks, and on the nature ofthe rule of law. This work treats these questions with theinitial methodological aim to show the established legalpluralism. Being on the sea, the work technicalities, theworking place particularities, develop relations which definea first level of analysis. This founding relationship betweenthe offshore platform and the workers is in the middle of anexus of contracts where host countries and sometransnational companies are playing the main roles. Thisstudy aims to make the link between the establishedpluralism, and the way pluralism can be regulated. Thecontractual paradigm lead to a legal deregulation from thehost state to the main operators, which are now in charge totake care of social matters which are a priori not of theirobject. The governance by contract was also in the center ofthe corporates’ network organization. It was incentive to theappearance of private norms which are stimulated by partyautonomy. These norms regulating the offshore employmentrelations show the necessity of adjusting both tort law andcontract law. Regarding this, the last part of this studyconsiders the legal responsibilities mechanisms and theirimplementation throughout a pluralist private internationallaw based on the employment relations
Gutierrez, Quevedo Marcela. "Les Wayuu, l'Etat de droit et le pluralisme juridique en Colombie." Thesis, Artois, 2010. http://www.theses.fr/2010ARTO0301/document.
Full textThis thesis through a case study ist devoted to describing and analyzing the problems of legal pluralism in Colombia. The first part presents the historical, geographical and social colombian basic features of social structure and culture of an indigenous group: the Wayuu. At multiple points of view that people have different canons of Western culture. They seized on this example, the diversity of human worlds and the need for the right to integrate the fact of pluralism. This issue is developed in our second part. We show the crisis of legal monism and classical concepts of criminal law. In the concrete example of the traditional mode of conflict resolution among the Wayuu, we highlighted the need for the rule of law to admit a legal and cultural pluralism of society that really has always existed. This opennes to difference is secured to an abandonment of legal concepts and essentialist a priori especially in criminal law. This is the price that we can understand the ongoing reconstruction require that concepts such as crime, offenders and punishment. Our latest developments are dealing with decisions of the Colombian Constitutional Court, which recognized cultural diversity as a fundamental right to basic dignity of many communities existing in Colombia. We show how, over the last decade of the twentieth century the constitutional power has been in our nation a protector of human rights. The debate remains open between universal human rights and human rights culturally constructed, for its part, the Constitutional Court decides on a case by case, without generalizing its decisions, it is important to make into reality the legal pluralism which the Colombian society is cultural and juridical rich and is in its legal and factual context
Bellina, Séverine. "Droit public et institutionnalisation en situation de pluralisme normatif : le cas de l'Etat malien." Grenoble 2, 2001. http://www.theses.fr/2001GRE21022.
Full textRadilofe, Randianina. "Enclavement juridique investissements internationaux. Essai sur un phénomène de droit transnational dans les pays en développement." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0011.
Full textConsidered as offering overprotection, international investment law faced a crisis of legitimacy. The extractive industry is particularly affected by criticisms of various allegations of human rights violations and environmental law, and their treatment by investment courts remains limited. Furthermore, the legal system of developing countries are fragmented by the articulation among local, national and international law, even transnational law with private regulations, and affected by corruptive drifts, the local populations have limited access to justice when disputes with multinationals occur. As a matter of fact, the practice consists of relocating the law applicable to the investment contract by the various techniques developed by international law, and particularly contractual clauses and transnational arbitration. This thesis develops the concept of "legal enclosure" to describe this phenomenon, and to explain the limited and localized impacts of foreign investments on the development of the host State
Amblard, Philippe. "Régulation de l'Internet : l'élaboration des règles de conduite par le dialogue internormatif /." Bruxelles : Bruylant, 2004. http://catalogue.bnf.fr/ark:/12148/cb400483184.
Full textChakira, Samina. "L'évolution du statut juridique de l'enfant en droit comorien : histoire d'un pluralisme juridique à l'épreuve de la modernité." Thesis, Perpignan, 2014. http://www.theses.fr/2014PERP1209/document.
Full textRegarded for centuries as a subject devoid of any reflection, Comorian children are protected by a specific type of community protection. This is complemented by protection from the state which, inspired by the legal instruments relating to fundamental rights of the child, reinforces this community protection in a consistent manner. Comorian children grow up in a multicultural society, marked by poverty. The protection offered to these children is based on both the Comoros’ own educational traditions, and on modernity, represented by legal contributions related to settlement and ratification of international agreements. Our thesis analyzes the rights of Comorian children in a complex environment, characterized by a plurality of legal sources. Therefore, we chose two angles of approach. Firstly, we analyzed children’s rights based on the organization of the Comorian society and the markers of child protection in terms of legal sociology, history, law, anthropology, sociology, and ethnology. This also allowed us to reflect on the protection of children taking into account both formal and informal systems. Secondly, we analyzed the implementation of the CRC in a multicultural society dominated by the spoken word. We also analyzed domestic and international texts; actor’s involved in child protection, and their flaws. This study aims to have the state and civil society reflect on an optimal model for protecting children that would comply with ratified conventions, all while taking into account the realities of the country. This hypothesis led us to propose a reform of the law regarding children’s rights to achieve both legislative and judicial reform, all in accordance with international law
Yuvanatemiya, Krittika. "Le concept de Nation et les aménagements institutionnels et juridiques de l'Etat au regard de la pluralité nationale : l'exemple de la France, de la Belgique, de la Hongrie et de la Roumanie." Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0288/document.
Full textThe model and the ideological fundament of contemporary States are under the dynamic evolution. The doctrine of Nation-State proves to be precarious and inadequate toward the sociological reality which allow taking into account different cultural or ethnic groups that make part of the society. The relevance of the Nation, a political and legal creation that represents the unified and homogeneous social body on which is based the State, has become contingent.Contemporary States, being faced with the claims of ethnic or cultural groups, are forced to make changes in their legal and institutional systems. The principal rules of the Nation-State, based on the logic of universalism and individualism, such as the unity of the people, the sole official language, the equality of citizens before the law, the indivisibility of the public power and the administrative decentralization, are jeopardized by the claim of the right to be different, or even of the right to autonomy. The configuration of the logic of pluralism, which advocates legal recognition of the ethical or cultural differences between the members of the society, is the challenge. How can this new logic be introduced in a legal system that adheres to the opposite political ideas? Will this ideological mutation require the creation of a new State model? What are the basic elements of this novel form of State?The study on the evolution of the French, Belgian, Hungarian and Romanian legal systems with regard to the ethnic and cultural diversities, allows us to observe legal and institutional modifications of European countries according to different political and demotic structures. The transformation of the rules relating to the recognition of the people of State, on the one hand, and the consecration of the rules relating to the political formation of the ethnic groups, on the other hand, testify to the archaism of the model of the Nation-State. This observation leads to a new design of the Nation as the fundament of the political power which consists of peoples belonging to various cultural values. It highlights the new constitutional principles, which enable us to envisage a multinational State model, based on the idea of differentiated citizenship, the rule of positive discrimination, the collective rights and the national autonomy
Lamine, Haoua. "Principes de régulation juridique de la "mêlée normative" au Nord-Cameroun" : Essai d'anthropologie juridique." Paris 1, 2007. http://www.theses.fr/2007PA010299.
Full textBouquet-Elkaïm, Jérôme. "La construction du droit des peuples autochtones : droit international et pluralisme juridique." Tours, 2001. http://www.theses.fr/2001TOUR1003.
Full textBoden, Didier. "L' ordre public : limite et condition de la tolérance : recherches sur le pluralisme juridique." Paris 1, 2002. http://www.theses.fr/2002PA010261.
Full textDjuidje, Brigitte. "Ordre juridique pluraliste et droit international privé : le cas du Cameroun." Paris 10, 1997. http://www.theses.fr/1997PA100099.
Full textPluralist legal systems are numerous in the world. They are generaly classified into two big categories : those characterized by a territorial diversity and those characterized by a personal diversity. Therefore, no doubt can be expressed on the originality of the cameroonian legal system which can perfectly be classified in either one of the two categories, due to the nature of its local customary rules and the effects of colonization. Unique in the whole african continent, cameroonian law. In the subjects which still depend on legislative pluralism, generates not only interpersonal conflicts of laws (opposing on the one hand the so called "modern" law and the customary law, and on the other hand the customary laws between themselves), but also interregional conflicts of laws between trench and english derived laws. This complexity of internal conflicts, certainly has an incidence in the settlement of international conflicts of laws implying cameroon. Unfortunately, this country belongs to the category of african states which since the independence have not legislated in private international law. Thus the interest of this study whose objective is to draw out a certain number of elements which could serve at a short or long term to the edification of a cameroonian system of private international law, which, while taking into account the particularities of the internal law, will not be too isolationist. The original consequences of the internal legislative pluralism firstly manifest themselves on the elaboration of the conflict rule, by confering to each one of its three constituents which are : the allocating category, the allocating factor and the designated law, a particular physionomy. They manifest themselves, furthermore on the functioning of the conflict rule by giving to the problems of qualifications, the doctrine of renvoi, the public policy clause and fraud of the law, enriching solutions within the frame of comparative private international law
Djaé, Oulovavo Mohamed. "Le pluralisme juridique de la justice et ses limites dans l'Union des Comores." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2037/document.
Full textPart 1: The plurality of courts: an assumed and organized pluralityTitle I: The composition of the judicial systemTitle II: The organisation of the courts from the perspective of a jurisdictional systemPart 2: The Comorian judge facing justice dutiesTitle I: The observations of the foundation of justiceTitle II: The Comorian judge in junction of a disordered pluralism
Amblard, Philippe. "Elaboration des règles de conduite relatives à l'Internet : aspect de droit comparé." Paris 13, 2003. http://www.theses.fr/2003PA131011.
Full textWithout any state control, Internet seemed doomed to anarchy. But facts contradict predictions. Far from being a parallel world, Internet is blending into Society and is accompanying it on its way to globalisation. This thesis aims at describing the normative interaction between all actors engaged in regulating Internet. It studies the two existing models of regulation : the first one is based on the logic of homogeneous communities creating rules suitable to their own activities - formalisation of Internet values. The second one rests on juridical values shared by the heterogeneous community of Internet surfers - explanation of juridical values. The second part presents the legal integration of these rules, sources of Internet Law, trough : The Legal instrument contributing to a more instrumental conception of the contract by objectivizing relations between parties, the Case Law acknowledging customs and standards as rules. These rules result from the interaction between State, actors and the judge, and are a guarantee of the respect general interest and of reason
Mouric, Céline. "Théorie d'une convergence juridique en droit international." Montpellier 1, 2006. http://www.theses.fr/2006MON10016.
Full textSarrouf, Muriel. "Les normes privées relatives à la qualité des produits : étude d’un phénomène juridique transnational." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020053/document.
Full textThe recent proliferation of private standards is not only of growing interest to economists who seek to evaluate its impact on trade flows; it is also relevant to international law, particularly to international economic law, in a double perspective. First, from the perspective of legal theory, the legal status of private standards has still to be determined. Second, from an empirical standpoint, private standards have the potential to negatively impact the access of developing countries to the markets of developed countries. This raises the question of the opportunity and modalities of submitting them to the disciplines of the WTO Agreements. This study demonstrates that private standards are one of the expressions of broader ‘transnational law’, a body of law that has been developing in parallel to ‘traditional’ state-centered international law. This implies that international law cannot merely consider private standards as an object to be disciplined; rather, the traditional ‘repressive’ approach should be rejected in favor of a more collaborative approach stressing the interrelations between the two bodies of norms as well as possible forms of coordination
Clouet, Johanne. "La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridique." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115989.
Full textBased on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels.
First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity.
Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors.
We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.
Lavorel, Sabine. "Des manifestations du pluralisme juridique en France : l'émergence d'un droit français des minorités nationales." Phd thesis, Grenoble 2, 2007. http://tel.archives-ouvertes.fr/tel-01067065.
Full textLemieux, René. "Traduction et hospitalité : essai sur la tradition orale autochtone et le pluralisme juridique canadien." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39515.
Full textPagniou, Mewezino. "L'application judiciaire des droits traditionnels au Togo." Saint-Etienne, 1996. http://www.theses.fr/1996STETA002.
Full textThe purpose of our research to try to find out the extent and the spirit in which some traditional or costumary laws are accepted and enforced by the judge in Togo. It is undoubtedly a quite important purpose, since the judge in Togo usually follows a professional procedure, seeing that he has studied the so called modern laws which is mostly inspired by the west, and that he is the agent of the diffusion of this laws in some population stratetied to the ancestral traditions. Therefore it was urgent to wonder about the attitude of this judge in the face of traditional laws. Indeed, originated from colonization, the Republic of Togo has based its legitimacy on institutions copied from Europe, particularly from France. Launched into a trend towards modernization of all the judicial institutions, this country has almost turned its back on its legal ancestral traditions. Judicial institutions as well as law itself have therefore been constructed according to the model of its former colonizing power (France). The official law of Togo is the law which lies in codes. There is no national law based on traditional laws, for the latter have become special laws. Neverthless, it is important to emphasize that these institutions are neither the product nor the history of its people whose components can pride themselves on institutions more or less different from those of the state. In order to limit the risk of violation or ignorance of common law, it appeared very early, precisely during colonization that some local realities, especially in the matter of law, have to be taken into account while legislating or dispensing justice. Since our purpose is to analyse the judicial enforcement of traditional laws, our work
Nicácio, Camila Silva. "Médiation et émergence du droit : pour un paradigme de la complexité juridique." Paris 1, 2012. http://www.theses.fr/2012PA010254.
Full textJorgji, Kostanca. "La place contrastée de la coutume dans le système juridique albanais (XIXe- XXIe siècles)." Electronic Thesis or Diss., Limoges, 2024. http://www.theses.fr/2024LIMO0115.
Full textCustom has exerted a fundamental influence in regulating social and legal life in Albania, playing a central role in areas as diverse as inheritance, marriage, and the practice of blood feuds. However, its application can quickly come into conflict with the principles of the rule of law. Indeed, certain customary practices prove incompatible with contemporary legal standards and social developments. From this perspective, the state intervenes to limit the use of customs or, in some cases, abolish them when they oppose the principles of positive law. Moreover, with the consolidation of the rule of law, formal legislation asserts itself as the primary source of legal authority, relegating custom to a subsidiary role. Nevertheless, the Albanian state has, in certain circumstances, tolerated custom and used it as a source of law, depending on the political and social needs of each era. For example, in a weak and nascent state like Albania between 1920 and 1925, although custom was perceived as a threat to a legal-centric system, it became an ally of the state. The state utilized it to maintain public order and resolve local conflicts in the absence of strong state institutions. However, custom does not persist solely in the interest of the state; it sometimes endures in opposition to it. This duality is particularly evident during the communist period, as well as during the transition to democracy
Dubois, Jean. "La relation au droit de jeunes travailleurs, de la dysnomie à la maîtrise citoyenne du pluralisme juridique : une anthropologie du rapport à la loi des résidents d'un foyer en région parisienne." Paris 1, 2001. http://www.theses.fr/2001PA010293.
Full textProfitos, Adrian. "Pluralisme juridique et dynamiques foncières émergentes à Sabah, Malaysia : paysanneries locales, huile de palme et développement." Thesis, Université d'Ottawa / University of Ottawa, 2011. http://hdl.handle.net/10393/19726.
Full textEtongué, Mayer Raoul. "Géosystèmes environnementaux: symbole de la loi naturelle face au pluralisme juridique dans la gestion de l'environnement." Presses de l'Université Laurentienne, Sudbury, Ontario, 1999. https://zone.biblio.laurentian.ca/dspace/handle/10219/163.
Full textClaeys-Broutin, Odile. "Le pluralisme juridique international : contribution des juges internationaux à la mise en cohérence du droit international." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100175.
Full textInternational law evolves at a rapid pace, and results in a strong increase in norms, organizations and international courts, raising increasing fears about a fragmentation of international law within the international legal order itself. The international legal order is defined, in the broadest sense of the term, as international law aimed at governing international society. This includes specialized international legal systems, made up of a number of international organizations ; each one including a court or an arbitral tribunal. The aim of this thesis is to determine, through the study of international legal pluralism, weather this foreseen risk of a possible fragmentation of the international law is, in the end, proven or not. In order to fulfill this aim, our work is based, on the one hand, on a systemic analysis of international legal orders, this in order to determine whether these bodies establish legal relationships between themselves, and on the other hand, on a normative analysis of legal systems, to determine this time whether each one sets up, or not, its proper inner coherence.In the first part, we show that the international legal pluralism seems to be uncoordinated, inducing a risk of fragmentation of international law, this due, in part, to the proliferation of international legal orders and, and in other part, to their lack of institutional ground. In the second part, we aim at proving that the international legal pluralism finds best its balance when international law is put into practice by international judges. They coordinate international jurisprudence through their jurisdictio (apply the law) and set out the boundaries of a true international judicial power through their imperium (to pronounce a binding decision)
Près, Xavier. "Les sources complémentaires du droit d'auteur français." Paris 2, 2003. http://www.theses.fr/2003PA020049.
Full textRemy, Benjamin. "Exception d'ordre public et mécanisme des lois de police en droit international privé /." Paris : Dalloz, 2008. http://catalogue.bnf.fr/ark:/12148/cb412311990.
Full textQazbir, Hanan. "L'internationalisation du droit constitutionnel." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10028.
Full textIn the context of globalization of law, internationalisation of constitutional law is a real crossroads between domestic law and international law. It’s an essential process which is characterized by legal harmonization, as much a consequence as it is a vector of legal system’s communicability. It’s carried out by multiple actors – state and non-state – in different ways. Two main lines are emerging from this initially disorganized process, the universal realization of human rights and institutional standardization. But the internationalization of constitutional law is still complex. The analysis of this phenomenon cannot rule out interference related processes such as the constitutionalization of international law and the regionalization of law. The internationalization of constitutional law is hence a crossroads between constitutional law and international law. Moreover, this complexity is reflected in the impacts that internationalization have on constitutional law. First, constitutional law is overturned in its own definition and characteristics. The reconsideration of its reading is essential. Second, internationalization causes the integration the pluralism paradigm in complex constitutional systems. Their reading cannot be the same. The internationalization pushes to renewal in reading of the girds of normative sets. Finally, a profound impact lies in the bond between the constitutional right and the state. State, alone, is no more able to define constitutional law. However, state is still essential. In this manner, reconsidered constitutional law is reinforced by the process of internationalization. The concept has proved itself to be once again adaptable, and that is what characterizes constitutional law
Brenaut, Maxime. "Le renouveau des mesures de sûretés en droit pénal français." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020060.
Full textIn 1992, in the context of the reform of the Criminal Code, decision was made to unify all criminal sanctions under the sole notion of “penalty” ; therefore, the formal existence of safety measures seemed doomed to complete obsolescence. However, as from 2004, the legislator unexpectedly enacted safety measures expressly labelled as such, and thus, disrupted the semantic unity implemented a decade earlier. In addition, the controversial notion of dangerousness was established as the ground of such measures. According to legal doctrine, this was a very “renewal of safety measures”. This formal reappearance of safety measures undoubtedly stems from circumstantial causes, owing to the political opportunity to depart from the penalty regime, especially in terms of application of law over time. Yet, it cannot be reduced to this single cause and also be explained by structural reasons pertaining to the nature of safety measures, which must be construed as a function i.e. the guarantee of the performance by a dangerous individual of his resocialisation obligation. This function may additionnally be expressed through various mechanisms: complementary penalties, measures of the pre-trial phase, conditions for serving sentences…Analysis shows that safety measures had not been discarded from criminal law and, instead of a“renewal”, the French legislator mostly extended their scope by multiplying the media of their function as guarantee
Louvel-Parisot, Valérie. "Les conflits internes de lois." Paris 1, 2009. http://www.theses.fr/2009PA010254.
Full textDudognon, Charles. "Les sources du droit du sport." Limoges, 2007. http://www.theses.fr/2007LIMO1012.
Full textSports Law is a mixed law, if not a “composite” one. It contains a great number of regulations, the origins and nature of which are very varied. Private, national and transnational regulations from the legislative activity of sporting institutions and from public regulations, and common and international regulations, which themselves come from common law or specific law, jostle side by side and/or are superimposed. Studying the sources of sports law makes it possible not only to define the subject, but also to determine its specificities. In terms of this perspective, a distinction should be made between, on the one hand, the founding sources and, on the other, the regulating sources. The founding sources of sports law are those of the private sportsman. They are founding, on two accounts: they institute competitive sporting practices themselves and they establish the legal order which governs them. The regulatory sources are essentially the public sources of sports law. Of course, they regulate less the sporting activity than that of its order and its institutional and legislative sources. The emergence of public sources, in the field of sport, has important consequences in terms of the relations maintained between the sources, mainly between public and private sources. In their interaction, these relations are essential as the fundamental sources of the legal regulation of sport
Lentz, Sabine. "Rechtspluralismus in den Northern areas, Pakistan /." Köln : R. Köppe, 2000. http://catalogue.bnf.fr/ark:/12148/cb38874555x.
Full textMalfettes, Loic. "Le renouveau des sources du droit du travail." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0157.
Full textThe present research finds its origin in a finding of "crisis" in recent years about the way that legal sources are conceived today, as well in a finding of profound evolutions in the more specific field of labor law.The purpose of the study is to identify the salient features of the announced upheaval. It is a question of verifying if the dominant representation of labor law sources leads effectively to an epistemological stalemate. The unthought or anomalies identified will then lead to the exploration of contemporary labor law and its creation processes. It may then, from this anchorage, be considered to propose a theoretical renewal whose ambition is to propose a better apprehension of the reality as it is given to see in this matter
Gadea, Elise. "Le pluralisme juridique à l'épreuve des pratiques communautaires en Bolivie. Politiques d’administration de la "justice indigène originaire paysanne"." Thesis, Paris 3, 2020. http://www.theses.fr/2020PA030005.
Full textOver the last few decades in Latin America the struggles of indigenous peoples for the acceptance and recognition of their own cultures have turned to political and legal demands. The role of political allies of these peoples in the emergence of these claims has been decisive.The example of Bolivia is an exemplary case of the struggles of native peoples because of the proportion of the national population belonging to ethnic groups and the rise to power of Evo MORALES. The Political Constitution of the Plurinational State of Bolivia, approved in 2009, values collective and cultural rights and promotes the recognition of indigenous traditions and knowledge, particularly in the application of justice. Nevertheless, the constitutional precepts promulgated in 2009 relating to native indigenous peasant justice are contradicted by the Jurisdictional "Deslinde" Law, promulgated barely a year later. As we will see this has led to an ambivalent and nebulous implementation of the plural justice system.In the absence of debate and negotiation on the new standards of plural justice, we will see how lynchings played a central role in the homogenizing construction of a new institution, operated by the native authorities of indigenous communities, according to their ancestral norms and customs.Ethnological observation in several rural Andean communities has enabled us to qualify this conception as well as to analyze the numerous petitions of indigenous people to the Plurinational Constitutional Court and state judges. The increase in conflicts, but also the impasse that ensues when these legal claims develop, creates a difficult situation for {indigenous and union] community authorities between, on the one hand, community members who destabilize their role as arbitrator and on the other, the state justice that exercises increasing pressure over them
Nkou, Mvondo Prosper. "Le dualisme juridique en Afrique noire francophone : du droit privé formel au droit privé informel." Université Robert Schuman (Strasbourg) (1971-2008), 1995. http://www.theses.fr/1995STR30011.
Full textThis thesis deals with pluralistic theory of law. It aims at studying juridical realites in french-speaking Black Africa, in the field of private relations. In the african countries conerned with this analysis, there are nowardays two relatively adequate juridical systems and to which civilians can appeal. On the one hand we have a State law, and the other hand popular law. The State law in these countries is essentielly influenced by the french law. It is based on philosophical principes that were in use in europe and particulary in France at a given time in the past. Thourgh unadjusted to african realites, this juridical system is neverthless used by pro-westernization lawmakers. But it is violated or not refered to in lower classes and particulary in villages in which informal law know as popular law is in use. Popular law, which is not to be confused with african traditional law, is a contemporary experimentation of social regulations which are both inspired by modern State law and african traditional law. It is then a new system emerging outside from official law
Correia, Victor Manuel Santos. "La justification de la tolérance par les droits de l'homme." Paris 5, 2010. http://www.theses.fr/2010PA05H007.
Full textWe intend to analyse the relationship between tolerance an Rights of Man, the implications of this relationship, and whether or not tolerance can be justified by the Rights of Man : if where there is tolerance there are no rights and if where are rights there is no tolerance. There are two alternatives to this opposition, albeit problematics : either tolerance becomes mandatory, so as to reconcile it with the obligation of respecting the Rights of Man (but this is contrary to the concept of tolerance, as such a non-binding attitude, or the respect for the Rights of Man becomes a non-binding attitude so as to reconcile it with tolerance as a non-binding attitude (but this is contrary to the concept of rights, which implies an obligation to respect them). Therefore, tolerating a person because they have rights, and given that this tolerance implies the possibility of no tolerating (as a condition which is inherent to this attitude), no tolerating implies the possibility of no respecting rights. As a solution, a non-absolute concept of Rights of Man, and another concept of “tolerance” may allow for conciliation between the two, while emphasising that Rights of Man, in spite of everything, do not completely exclude the possibility of tolerance. However, the Rights of Man must take precedence over tolerance, so that tolerance instead of being justified by the Rights of Man, is caused by the Rights of Man, that is, instead of someone showing tolerance because the other person has rights, it will be the bearer of the rights who will show tolerance, because there is someone who does not show respect for their rights
Rémy, Benjamin. "Exception d'ordre public et mécanisme des lois de police en droit international privé." Paris 1, 2006. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D8.
Full textLekouissi, Loubna. "Le droit de propriété au Maroc." Paris 9, 2012. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2012PA090008.
Full textThe law of real property in Morocco is governed by two regimes: a traditional system that has its source in customs and religious law to which was added a modern system. This duality seems to cause an overlap in face of the judge is powerless. The aim of this study is to review some theoretical analyses to test the evolution of Moroccan society without considering a unification plan of the two regimes. The ownership of personnel property suffers from a lack of systematization. The general principles that govern it are set primarily by court decisions even though they are sometimes taken directly to the general property law. The intrinsic nature of personal property has not been the subject of development and must be inferred from scattered rules. That's why we proposed to clarify the status of some traditional estates on the one hand, and securities, on the other. The law of property in Morocco is far from being a closed topic
Benisty, Samuel. "La norme sociale de conduite saisie par le droit." Versailles-St Quentin en Yvelines, 2013. http://www.theses.fr/2013VERS023S.
Full textSocial rule of conduct which applies within a group of people has the following characteristics; it imposes on the group members specific duties, the violation of which is collectively sanctioned, by excluding the culprit from the group. Legal science has illustrated such rule of conduct with satisfying examples. However it has never been able to conceptualize it. Our work tries to proceed to such a conceptualization by establishing that gregarious phenomena result from situations in which members of the group generally feel compelled by a commonly shared moral rule of conduct. Considering this internalized rule of conduct as the basis on which the group members will judge each other’s action, it therefore appears as influencing relations between group members. Abiding by the rule will strengthen one’s relation with the group member; infringing this rule will negatively affect these relations. Social rule of conduct is strengthened by examining the authority it comes from (the individual moral conscience), the restricted frame in which it applies (a limited group of people), and the specific reaction it triggers (an integration or an exclusion from this group). Analysing the status of this social rule of conduct, our thesis shows that, from a private law perspective, this rule is generally regarded as marginal as it only governs situations ignored by law. In our view the social rule of conduct needs to be reconsidered. Therefore our work finally demonstrates the existence of a peaceful normative pluralism. In fact both laws and social rules of conduct, applying in limited and determined groups of people, contribute to human society’s regulation