Dissertations / Theses on the topic 'Raisonnable'
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Grivel, Joseph. "A raisonnable distance : lecture de Montaigne." Lyon 3, 1990. http://www.theses.fr/1990LYO31002.
Full textThe life of michel de montaigne, nobleman and author, opens with the formal break of a premature retirement. The ancient precepts, both stoical and epicurian, of a voluntarily circumspective intention are to be observed in this withdrawal into oneself. This approach especially confines the possessions of body and soul, which montaigne sees in the original terms of a marriage without hierarchy placed under the administration of judgment. Within the limits of this dominated, restricted domain, ancient philosophers traditionally threaten that any breach of confines results in changes of fortune and transports of passions. The guarantee of the self is thus paid at the price of a permanent tension that strives to reduce all designs to the self. In this over-tense attitude, montaigne's retirement refuses self-acknowledgement. It integrates a cautions distancing defined by the genteel codes of the times, which allow for close engagement in the exercise of the martial virtues. Moreover, it is surprised at the both ambitious and certain adventure of gun artillery and ocean navigation, which were the new arts of a mechanized appropriation of the distance. With montaigne, the philosopher's too rigid restraint is able to come to terms with the dominated emergence from the self, which is like alcibiades happily giving a lesson in adaptability to seneca
Ramparany-Ravololomiarana, Hobinavalona. "Le raisonnable en droit des contrats." Poitiers, 2008. http://www.theses.fr/2008POIT3012.
Full textDespite the little interest shown by the legal experts in the notion of reasonableness it is consubstancial with the legal system of contracts. The analysis of its expressions, which are, most of the time, latent in the civil law, combined with a more prospective approach leads to the elaboration of a real system of law. The question of reasonableness, seen as instrumental in the appropriateness between means and aims, commands and justifies to adapt some of the elements of a contract to make them be in accordance with the implementation of the legal agreement. As well, it justifies the sometimes slanted behavior of one party to a contract to reach the expected aim of a legal operation. Thus having recourse to the notion of reasonableness allows to explain some of the choices made by the French legislator but it also leads to many other solutions, some thought as complementary and some others thought as a substitute to the legal solutions
SAUVAGE, ANDRE. "L'habitant raisonnable. Elaboration culturelle de l'espace urbain." Paris 8, 1988. http://www.theses.fr/1989PA080381.
Full textThe understanding of the human inhabitant, characterized as incorporating builtup environment, has been widely developed from a descriptive point of view. The explanation implies the development of a specific model. Based on the "mediation theory", as forwaded by jean gagnepain, the proposed explanatory model is confonted with the concrete conditions of urban life in order to explore its consistency in a pracical perspective
Weiszberg, Guillaume. "Le raisonnable en droit du commerce international." Paris 2, 2003. http://www.theses.fr/2003PA020047.
Full textDuong, Lê-My. "La notion de raisonnable en droit économique." Nice, 2004. http://www.theses.fr/2004NICE0036.
Full textOUDJEHANI, BERNET SOURAYA. "A propos de l'historie des antivertigineux : de l'empirisme au raisonnable." Clermont-Ferrand 1, 1990. http://www.theses.fr/1990CLF13075.
Full textTouijer, Kawtar. "La construction juridique du consommateur raisonnable en droit de l'Union européenne." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3015.
Full textWhat is the role of the consumer in the internal market? This is, essentially, what the study on the legal construction of reasonable consumer in the European Union law answers to. The well-functioning of the internal market postulates the requirement of a reasonable consumer. The reasons are multiple. They are based primarily on the imperatives of the market, which postulate a reasonable consumer, i.e. an individual who is able to effectively act in the market. Of the necessity for the consumer to be an actor results the requirement of a reasonable consumer. The latter, however, reaches limits, leaving then room to take into consideration the consumer’s weakness. In certain circumstances, the consumer cannot be considered as reasonable. An adult or an infant, the difficulty lies in the fact that in some hypotheses, the consumer loses all rationality. The law protects the individual in this situation. His or her weakness is conditioned. The objectification of the consumer as an actor is then limited. The determination of the consumer’s role as well as their protection is then the fruit of a product regulation. However, the legal construction of the reasonable consumer in European Union law illustrates the willingness to clarify the role of this individual around a unifying formulation
Corten, Olivier. "L'utilisation du raisonnable par le juge international: discours juridique, raison et contradictions." Doctoral thesis, Universite Libre de Bruxelles, 1996. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212323.
Full textVignal, Nancy. "Pour une approche raisonnable de la transparence en droit privé des contrats." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32032.
Full textOpenness in now demanded in all private contract law. Even though actual legislation and regulations do not call for openness, judges have insisted on the duty to inform, or at least, have sanctioned obscurantist behaviour. The present tendency is therefore unquestionably to lay greater emphasis on this idea, which did not even figure in the legal vocabulary until quite recently. This being said, one must proceed with caution. Openness means revealing the truth, but it is not always appropiate or advisable to reveal all the truth, either for the holder or to the listener. There is a conflict between the right to truth and the right to secrecy. Which cannot always be settled in favour of the former. Hence openness can only be adopted as a principle of private contract law if the right to secrecy is also upheld. In this respect, it is only to be hoped that judges will exercice prudence and restraint in complying with regulations that enforce the new concept of openness, by clearly circumscribing their content and ensuring that any sanctions are applied appropriately
Khalvadjian, Boris. "Le contrat d'auteur, outil d'anticipation : pour une lecture raisonnable de l'ordre public de protection." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32003.
Full textAt the beginning of the exploitation, there is a contract. The author of the work of the spirit grants his right to the sole agent, as he wants to live upon his art. A time in time called « Author’s contract ». The deed is regulated by a very specific law, aiming at protecting the creator’s interests in a difficult economical situation versus the co-contracting party. It is decided to strictly manage the contract’s shape, restraining thereby the sometimes cruel game of contractual freedom. The « Author’s contract », justly tailored by the legislator, has lost its ability to project into the future. It is not a true forecasting act, « a wanted time », but a binding prerequisite without which the exploitation of a work of the spirit is impossible, « a suffered time ». In the modern world of artistic practices, anticipation has started to grow. The fast evolution of technical mores, the increasing speed of exchanges, the expansion of exploitation frontiers, the author’s sense of responsibility being up on their rights far more than they were fifty years ago and the growing number of intermediaries in the broadcasting network, invite more than ever the sole agent to anticipate via the contract. Our thesis intends to conciliate the protective fundament of copyrights with the anticipatory desire motivating the agent. In one hand, it shows the imperfections of the current interests equilibrium and in the other hand the way to lay the bases of a better one. The thesis promotes the construction of an efficient and pragmatic copyright, ready to monitor closely its protective goal putting forward a gentle consideration consistent with today’s reality
Neaimi, El-Sadek. "La Superstition raisonnable, représentation de la mythologie égyptienne dans la littérature française du XVIIIe siècle." Thesis, Paris 4, 2011. http://www.theses.fr/2011PA040057.
Full textThe reasonable superstition, representation of the Egyptian mythology in French literature of eighteen century, The title of this thesis appear contrast but it gave us a good idea about Pharaoh representation in enlightenment century. This thesis studies how is about the civilization and the culture of the ancient Egypt in the philosophy writing and the literature : novels, dramas and poetry in eighteen century. The philosophers and the writers of eighteen century thinks that the ancient Egypt was the origin of the science and the art, but this country was also the origin of superstition like in the writing of Boulanger L'Antiquité devoilée pas elle-elle même. But the writers and the philosophers don't satisfy to study this question of originin the Egyptian myth, but in the same time they find some inspirations in the mythology of Isis and Osiris in some novels like Le Taureau blanc and Semeramis of Voltaire. Some dramatists inspire also in this mythology like Tanis et Zelide and les lois de Minos of Voltaire, also in his poem Sesostris and in the creation of another writers Banier, Boulanger, Charles de Brosses, Caylus dramatist and poets Bitaubé, Rocher. Also this thesis is an interdisplinary study because this subject have a multiple approachs
Teixeira, de Oliveira Denise. "Juridiction constitutionnelle et droit au Délai Raisonnable : Étude comparée des expériences française, brésilienne et espagnole." Thesis, Toulon, 2017. http://www.theses.fr/2017TOUL0113.
Full textThe existence of a general duty to respect the duration of proceedings is recognized by the legal systems of many countries. The reasonable length of proceedings demanded from constitutional Jurisdiction has none the less to face conceptual and material obstacles. The want of a precise definition of de reasonable length of proceedings and the indetermination of his legal nature are really difficulties, heightened by the identity factors of the judicial review wielded by the constitutional jurisdictions, the restraining nature of hers decisions and his hierarchical position held in the legal-political order of the State. These restraints often create divergent exegeses of the reasonable length of proceedings and, subsequently, involve various demands. The object of this doctoral thesis is to analyse the jurisprudence of the constitutional French, Brazilian and Spanish Jurisdiction and the legal effects produced by the multiple approaches and signifiers of the reasonable length of proceedings. This research fits into the field of modern and comparative constitutional law and is founded on the theory of continuous democracy and neoconstitutionalism bearing the marks of the new workings and actors of the democratic participation in the effectiveness of the fundamental Rights. In order to understand the implications of the demands or violation of the reasonable length of proceedings in relation to constitutional Jurisdiction, this right will be confronted with two epistemological parameters which claim to give it a legitimate support: the theory of fundamental rights and the theory of the democratic constitutional State. In a first part, the reasonable length of proceedings is confronted to identity factors of the jurisdiction wielded by the constitutional Court so as to ascertain if it is apt to serve as a foundation to the decisions pronounced by this special jurisdiction. In the second part, its semantic content a priori undetermined with its multiple recipients will be analysed through the conceptual evolution of the reasonable length of proceedings embodied by the decisions of the constitutional Courts
Teixeira, de Oliveira Denise. "Juridiction constitutionnelle et droit au Délai Raisonnable : Étude comparée des expériences française, brésilienne et espagnole." Electronic Thesis or Diss., Toulon, 2017. http://www.theses.fr/2017TOUL0113.
Full textThe existence of a general duty to respect the duration of proceedings is recognized by the legal systems of many countries. The reasonable length of proceedings demanded from constitutional Jurisdiction has none the less to face conceptual and material obstacles. The want of a precise definition of de reasonable length of proceedings and the indetermination of his legal nature are really difficulties, heightened by the identity factors of the judicial review wielded by the constitutional jurisdictions, the restraining nature of hers decisions and his hierarchical position held in the legal-political order of the State. These restraints often create divergent exegeses of the reasonable length of proceedings and, subsequently, involve various demands. The object of this doctoral thesis is to analyse the jurisprudence of the constitutional French, Brazilian and Spanish Jurisdiction and the legal effects produced by the multiple approaches and signifiers of the reasonable length of proceedings. This research fits into the field of modern and comparative constitutional law and is founded on the theory of continuous democracy and neoconstitutionalism bearing the marks of the new workings and actors of the democratic participation in the effectiveness of the fundamental Rights. In order to understand the implications of the demands or violation of the reasonable length of proceedings in relation to constitutional Jurisdiction, this right will be confronted with two epistemological parameters which claim to give it a legitimate support: the theory of fundamental rights and the theory of the democratic constitutional State. In a first part, the reasonable length of proceedings is confronted to identity factors of the jurisdiction wielded by the constitutional Court so as to ascertain if it is apt to serve as a foundation to the decisions pronounced by this special jurisdiction. In the second part, its semantic content a priori undetermined with its multiple recipients will be analysed through the conceptual evolution of the reasonable length of proceedings embodied by the decisions of the constitutional Courts
Bouisson, Stéphane. "L' exigence du délai raisonnable dans la jurisprudence de la Cour européenne des droits de l'homme." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32043.
Full textThe modern justice is often confronted with a paradox opposing the people's waiting of a quickly outcome of their lawsuits at the slow and formal proceedings. In this way, it must wonder about the manner to absorbe this contradiction. It was necessary used a concept enough precise to be like a norm and flexible for reconciling this two requirements of celerity and serenity : it's the concept of reasonable time witch that's mentioning in the European Convention of human rights about detention pending trial (5§3) and criminal and civil proceedings (6§1). Once explaining this concept, it was necessary to analyse European decisions in order to determinate the criterions allowing noting a violation of their rules. .
Chênevert, Paul. "La variabilité du concept de personne raisonnable dans les décisions de la Cour suprême du Canada." Master's thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/25882.
Full textFrobert, Ludovic. "L'économie de l'homme raisonnable une relecture du développement contrarié de l'hétérodoxie française du premier tiers du XXème siècle /." Grenoble : A.N.R.T. Université Pierre Mendès France Grenoble 2, 1994. http://bibpurl.oclc.org/web/34700.
Full textThabet, Slim. "L'économie politique du capitalisme raisonnable : essai sur les fondements institutionnalistes de la pensée économique de John Maynard Keynes." Amiens, 2009. http://www.theses.fr/2009AMIE0057.
Full textMURINO, JOURDAN MURIEL. "Transplantation cardio-bipulmonaire : traitement chirurgical extensif (mais raisonnable ?) d'un leiomyosarcome recurrent du tronc de l'artere pulmonaire ; a propos d'un cas." Nice, 1994. http://www.theses.fr/1994NICE6002.
Full textPapadiamantis, Konstantinos P. "Le fondement et le concept du raisonnable en droit : étude comparative des systèmes de la Common Law et de droit continental." Paris 10, 1990. http://www.theses.fr/1990PA100074.
Full textA study on practical reason and on its effects on law, from a methodological point of view. The relation between practic al philosophy and law. A study on the notion of "institutional facts in law" and on the role of the legal community in the production of the in stitutional facts. Comparison of the different methodological approaches adopted by civil law and by common law
Vézina, Guy. "Égalité femme-homme et liberté religieuse : deux droits fondamentaux qui s’opposent ?" Mémoire, Université de Sherbrooke, 2014. http://savoirs.usherbrooke.ca/handle/11143/5356.
Full textCaceres, Frasquiel Gabrielle. "Quand la religion questionne la généralité de la norme. Quelle place pour l’« accommodement raisonnable » en Europe ?Étude de cas – Angleterre, France, Belgique." Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/221037.
Full textDoctorat en Sciences juridiques
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Baril, Marie-Pier. "L'exercice du pouvoir discrétionnaire dans les fiducies testamentaires au Québec : recourir à l'affectation pour concilier l'intention du testateur et la décision de la « personne raisonnable »." Master's thesis, Université Laval, 2021. http://hdl.handle.net/20.500.11794/68244.
Full textThe exercise of discretionary powers by the trustees of a testamentary trust is an idea from which arise a growing number of litigations. If some judgments have forged the path for more thought, many questions stay unanswered. This thesis has for objective to establish how Quebec Law orders trustees to exercise their discretionary powers. More precisely, it aims to determine if trustees must decide considering their own perception of what the testator would have decided himself or if they must decide on the basis of how a reasonable person would decide. To answer the question in the context where very few authors have worked on the discretionary powers by trustees up to now, this thesis builds upon fundamental theories developed in trust law. It aims to conciliate the freedom to test of the testator (who even has the right to be unreasonable) and the duty of the trustees to act with prudence, diligence, honesty and loyalty, as would do a reasonable person.
Ouamba-Patas, Joseph-Nestor. "Les minorités religieuses, la neutralité de l'État et les accommodements raisonnables en France et au Royaume-Uni." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA026/document.
Full textReligious pluralism is an objective reality in France and Great-Britain. The religious minorities remain a recurring subject which inexhaustible reflections, studies, scientific and political debates. They show real concern to policymakers, Europe and State; so much so that it is necessary to wonder about what the State can propose them as better protection in the XXIst century. France and Great-Britain are confronted with this challenge. Besides the neutrality of the State with regard to the religion, makes complex relationships of these religious minorities with the State in France; where the concept of religious minorities is not known of French Law by virtue of the secularity – laic – character of the French State proclaimed by the 1st article of its Constitution and the Law of December 9th, 1905 of the Separation of the State and the Church. The religious minorities are no-subject in French Law. But in Great-Britain, the qualified religious, minorities of religious confessions are recognized when well even the Church of England is established and official Church with at its head Queen Elizabeth II. There is no separation between the Church and the State. In Scotland, the Kirk as considered as established Church and separated from the State. Also, always related to religious minorities, the question of application of reasonable principle of accommodation to draw aside from the cases of discrimination out of religious matter. The British legal order knows this principle and applies. Whereas in France this principle is ignored and is the object of purely abstract application. Admittedly, the globalization brings positive facts to Europe and in particular in these two States, but it contains also risks for which it is necessary to pay attention to the XXIst century. Thus, the national minorities, the speech communities and the various constitutional units of the State require, by calling on the principle of diversity, recognition of their collective rights, a multiplication of regional structures and improvement of their prerogative. The appearance of the “new minorities”, those of immigrants raises new difficulties. In practice, the historical religion of the country is often privileged. The religions practiced by immigrants – Islam, Buddhism, Hinduism, etc – are then the object of more or less strong discrimination. The need for the visibility of these religions – Islam I occurrence – calls into question the framework fixed at the end of XIXth century which governs the operation of religions in the various States. This evolution touches hardly the secular States of Catholic tradition like France, than the countries of Protestant tradition where the place of religious in public space is by tradition more easily accepted like Great-Britain. It as should be considered as the religions imported by migrant populations are often “ethno-religions”. The identity challenge is considerable there, and it even tends to replace that of freedom of belief. Great-Britain and France fall under this register in connection with their religious minorities
Ferreira, Rildo da Luz. "Caminhos para Deus: a razão e o coração segundo Blaise Pascal." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/1860.
Full textCoordenação de Aperfeiçoamento de Pessoal de Nível Superior
The context in which Blaise Pascal used to be studied was the claiming for faith and the heart before a cartesian reason that deprives all the knowledge from cognoscitive value that is not founded in itself only. From that perspective, Pascal`s work especially Pensées, would not be the result from a sort of marked fideism. In this context of interpretation, the wager argument was understood as a clear sign of Pascalian conviction of the impossibility of human reason to know Good. The only way to reach God would be the faith that God himself offers. The way to overcome the infinite distance that separates us from the infinite and unshared Being would be the wager in which the man in order to achieve such faith would risk everything he has considered an infinitely higher asset that is God himself and an eternity of a happy life. However, the hypothesis that we support in this research aims to show that pascalian wager can only be understood from a perspective in which reason and faith are directed toward the same truth: they do not oppose each other, but they claim and tend to the same God. The reason whose limits Pascal underlines is the same reason that operates on mathematics and experimental sciences. Pascal s argument is in the realm of the heart because it is the heart itself that allows the bettor to realize that betting in God s existence, deciding to follow His commandments and vehemently begging Him for the gift of faith is something raisonnable, not contrary to the fundamental principles apprehended by the natural light of intelligence
O contexto no qual freqüentemente se estudava Blaise Pascal era o da reivindicação da fé e do coração perante uma razão cartesiana que desqualificava o valor cognoscitivo de todo saber que não estivesse fundado unicamente sobre o soberano altar da razão suficiente. A partir desta perspectiva, a obra de Pascal, especialmente os Pensamentos, não seria senão fruto de um mais ou menos marcado fideísmo. Neste contexto de interpretação, o argumento da aposta era compreendido como um claro sinal da convicção pascaliana da impossibilidade da razão humana para conhecer a Deus. O único caminho para chegar a Deus seria o da fé que Ele mesmo oferece. E o modo de superar a distância infinita que nos separa do Ser infinito e sem partes seria a aposta, na qual o apostador, para conseguir essa fé que se busca, se arriscaria a perder tudo o que tem em vista de um bem infinitamente superior, que é Deus mesmo e uma eternidade de vida feliz. Todavia, a hipótese que buscamos sustentar nesta pesquisa pretende mostrar que a aposta pascaliana só pode ser entendida a partir de uma perspectiva na qual fé e razão se dirigem para uma mesma verdade: não só não se contrapõem, como o Deus ao qual tendem uma e outra é o mesmo. A razão cujos limites Pascal sublinha os limites é a mesma razão que opera nas matemáticas e nas ciências experimentais. O argumento de Pascal se encontra no âmbito do coração, pois é ele que permite ao apostador perceber que apostar na existência de Deus, decidir-se a seguir seus mandamentos e rogar-lhe fervorosamente o dom da fé é algo raisonnable, não contrário aos princípios fundamentais intuídos pela luz natural da inteligência
Ben, Romdhane Samar. "La parole en action : dissensus sur les accommodements raisonnables lors des auditions en commission parlementaire au Québec (2010-2011)." Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26769.
Full textQuebec's religious pluralism brings a firestorm of controversy to the foreground as well as a various styles of regulation and a numerous public action instruments. The public consultation of the Bill No. 94, an Act that establishes guidelines for governing accommodation requests within the Administration and certain institutions, is in the corner stone of this phenomenon. Based on the analysis of public hearings sessions of the parliamentary committee that took place in Quebec between May 2010 and January 2011, within the framework of public consultations on Bill 94, this thesis aims to examine issues related to the publicization of antagonistic positions. It endeavors to explore properties of the verbal and nonverbal interactions embodied in this deliberative activity by using the grounded theory methodology and the conceptual framework related to the domain of public communication. It approaches these interactions in terms of their publicization, based on two principles: the public participation as a moment of the public issue construction and the public hearings as a bond in a dialogic network participating in the publicization of the dissensus regarding the reasonable accommodations. By focusing on the use of the language (verbal and nonverbal), the goal of this thesis is to explain how minority and majority groups manage the situation of public speaking once they are engaged in a public arena where points of views about reasonable accommodations are confronted and visibilized, The research approach combined two analytical strategies: the first strategy is inspired by the conversational analysis that consists on observing every sequence independently. In fact, it has allowed understanding the progress of auditing sessions by respecting the sequential nature of speaking slots. The second strategy is directed to the main results of the analysis of hearing sessions. The main goal is to validate results and to achieve the theoretical saturation that will develop a modeling. According to this qualitative approach, the use of data led to the identification of three features of talk: the first reports discursive constraints; the second notices the role of motivational and sociocultural dimensions in adopting a positioning and in choosing the discursive register; the third one highlights the range of public speaking in terms of updating the relations of power and in terms of confirmation of its polemical form. The modeling proposed by this thesis represents the polemical register as a fundamental element of the social actor’s argumentative commitment. At the same time, this register is significantly embedded in other contextual and motivational elements that influences its outcome. As it is expressed in a dialogical site, public speaking during parliamentary committee hearings is able to create a new intriguers and a possibility to coexist in the dissensus. The main contribution of this thesis, is that it offers a practical and original dual approach combining between a perspective approaching public speech as indicator of many things other than itself (necessary for the positions and opinions explanation) and a perspective approaching public speaking as performance leading to the transformation of the social world. Hence, the title of the thesis: the speaking in action. Keywords: public speaking, public arena, religious pluralism, reasonable accommodations, controversies, discourse, grounded theory, dissensus.
Diallo, Moussa. "Fondements philosophiques du projet d'un Etat mondial chez Eric Weil." Thesis, Lille 3, 2017. http://www.theses.fr/2017LIL30041/document.
Full textAbstract Our thesis deals with the theme: “Philosophical foundations for a world state project by Éric Weil”. It should be mentioned that the idea of a world state has been explored by many thinkers before and after Weil. Without going into details about the cosmopolitan ideas that have been developed since the Stoicians to contemporary authors, it is to be noted that the idea of a world state has always aimed at single and unique objective: establishing everlasting world peace. The specificity and originality of Weil’s approach resides in his questioning the philosophy underlying the world state concept, that is, the issue of violence. If the problem of the violence of language has been thematized and systematically treated in the Logic of Philosophy. Even though man-inherent violence issue is solved by Moral philosophy, and nature-inherent violence is solved to rational organization of social labour, and violence among individuals dealt with within the framework of nation-states, the fundamental issue of inter-state violence remains unsolved. In the third and last part of his book, Political Philosophy, he suggests the creation of a world state whose aim is “the satisfaction of reasonable individuals within specific free states”Comparing the Weilian conception of the world state with that of Maritain and Kojeve leads to the conclusion that Weil used the term "world state" to designate a global administration of the world society’s social work. In short, the Weilian conception of the world state is philosophically relevant and fully justified. It is philosophically justified because it finds its foundations in the Logic of the philosophy of Weil. It is fully justified because it overcomes such obstacles as nationalism, imperialism, the conflict of cultures by the idea of promoting a pluralistic world state that preserves the diversity of life forms. It is fully justified because it overcomes the obstacle of the right of nations to self-determination by guaranteeing the sovereignty, well understood by sovereign States within the framework of the world state. It is fully justified, because it aims to realize a sensible world, a world of reason in which free, equal and reasonable men will live together. In short, the creation of the world state, as envisioned by Weil at the end of Political Philosophy, would enable mankind to reconcile with itself
Li, Lan. "Raymond Aron. De la philosophie critique de l'histoire à l'analyse politique." Phd thesis, Ecole normale supérieure de lyon - ENS LYON, 2012. http://tel.archives-ouvertes.fr/tel-00787035.
Full textJoly, Laurène. "L'emploi des personnes handicapées entre discrimination et égalité." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100194.
Full textFocused on professional integration, this thesis follows a search path that from the analysis of social policies for people with disabilities, turned to the study of the implementation of public policy through the prism of redesigned non-discrimination. Two axes structure this research. The first area focuses on the evolution of the concept of disability and its impact on the design of public policy towards people with disabilities. The second theme focuses on the enactment of the requirement of non-discrimination against people with disabilities
Mzouji, Rabia. "La traduction inter-référentielle à l'épreuve des accommodements raisonnables." Thesis, Université d'Ottawa / University of Ottawa, 2011. http://hdl.handle.net/10393/20304.
Full textDalcourt, Isabelle. "Société québécoise et religion entre 1999 et 2009 : réflexion critique sur les sciences des religions et plaidoyer pour une éducation de type patrimonial." Doctoral thesis, Université Laval, 2011. http://hdl.handle.net/20.500.11794/22483.
Full textLima, Isabelle Carvalho de Oliveira. "Do direito fundamental à duração razoável do processo : um estudo no âmbito do direito processual civil brasileiro." Universidade Federal de Alagoas, 2008. http://repositorio.ufal.br/handle/riufal/749.
Full textO monopólio da jurisdição impõe ao Estado alguns deveres, tais como o de efetivamente responder às demandas que lhe são postas, a fim de que os jurisdicionados não sejam prejudicados pela proibição da autotutela. Por outro lado, é por meio do processo, pautado pelo princípio do devido processo legal, que se aplica o Direito, dando efetividade às normas jurídicas e realizando os ideais do Estado Democrático de Direito. Por fim, o processo tem custos financeiros e psicológicos para as partes, o que só tende a se agravar com o decurso do tempo. Para legitimar o exercício da jurisdição, realizar corretamente o Direito e efetivar a democracia sem impor sacrifícios injustificados para as partes, é preciso que o processo tenha uma duração apenas suficiente para a prática dos atos necessários. O direito à duração razoável é, pois, um direito fundamental, implícito em todo Estado Democrático de Direito. Recentemente incluído no texto da Constituição da República Federativa do Brasil, é preciso analisar seu conteúdo e abrangência, além de estudar as medidas administrativas e judiciais capazes de assegurar a prestação de um serviço jurisdicional eficiente.
Maillafet, Céline. "La constitutionnalisation de la justice administrative : Etude comparée des expériences française et italienne." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0094.
Full textFor long time, the doctrine took an active interest only in european conventionnal sources, but now constitutionalization of administrative justice is at work and of a great impact in France and Italy. A variety of aspects and many institutionnal players are intervening. For example, the Italian government in its legislative function, when was making new contentious administrative process rules, established in 2010, must take into account constitutionnal (and conventionnal) rules as interpreted by the Constitutionnal court. In France, constitutionalization, witch began in 1980’s, has intensified in accordance with the exam of constitutionality issues and even more so with the interventions of the Council of state in his advisory role in the preparation of laws and ordinances or in the internal rules about administrative justice’s member status and activities. However, constitutionalization results are variable. Independence, impartiality and administrative tribunal’s jurisdiction are under constitutionnal influence. On the other hand, the constitutionnal impact on the contentious administrative process is weak. The fact remains that administrative courts were, are and will be reformed with the impact of constitutionnal sources
Ouattara, Moussa Aguibou. "La rationnalisation de la justice administrative au Mali." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0139.
Full textThe search for rationalization of administrative justice in Mali started from an observation: that of the ignorance of this institution by many citizens. this misunderstanding is mainly explained by the dichotomy between the rationaly of state law - whose texts are interpreted by administrative justice on the one hand and govern its operation on the other hand - and social rationality. In this country, there is a pluralism of standards sytem. in addition to official rules, other normative phenomena from traditions and Islamic law subsist in practice.Without overshadowing its notable advances from independance to the present day, administrative justice can still be improved. This is why, starting from the standard of "reasonable" used for flexibility - in the light of the tools offred by legal analisys, anthropology and the sociology of law, we analyzed the normative phenomena present and makes proposals for an overhaul of the production process for public law rules, in the first part. In the second part, we questioned the day to day functionning of the institution, its independance from external influences, its accessability and the communicability of its decisions
Dutto, Patrick. "Solutions physiquement raisonnables des equations de navier-stokes compressibles stationnaires dans un domaine exterieur du plan." Toulon, 1998. http://www.theses.fr/1998TOUL0006.
Full textWathelet, Joachim. "La loyauté en droit de la propriété intellectuelle." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1038.
Full textLoyalty has an important place in our law that can no longer be ignored. References to loyalty have continuously increased in all areas of the law. In intellectual property law, other corrective mechanisms such as fraud or abuse have taken centre-stage so far. But loyalty cannot be reduced to the absence of abuse or fraud. It is an autonomous concept with its own criteria and functions. The aim of this study is thus to demonstrate that loyalty, in its different forms, surrounds the entirety of intellectual property law and is used to resolve current issues in this subject. Stemming from various legal instruments, the duty of loyalty serves intellectual property law. On one hand, the duty of loyalty strengthens the protection of right-holders. It complements the monopoly of exploitation, conditions its limitations and imposes a duty of cooperation on some contract partners or on internet platforms. On the other hand, the duty of loyalty frames intellectual property rights. It regulates the exercising of intellectual property rights so that it unfolds within fair boundaries and takes account of the interests of contractors, competitors, and even alleged infringers. By applying intellectual property law in an effective, reasonable and balanced manner, the duty of loyalty contributes to the legitimacy of this law. It acts as a response to certain critics that oppose intellectual property law and and to fight against what is sometimes claimed to be the decline of this subject
Hong-Rocca, Laure-Marguerite. "Le déni de justice substantiel en droit international public." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020102/document.
Full textThe notion of substantial denial of justice is problematic because it assumes the recognition of the international responsibility of the State in its judicial national sovereign decisions and thus the review, by an international jurisdiction, of the discretionary application of internal law by national judicial authorities. Attached to the notion of denial of justice in customary law, and historically linked to a fairly large and controversial perception of the protection that is required from States to foreigners on their territories, the notion of substantial denial of justice must still assert its influence in international conventional law, not only in the field of international investment protection but also, and foremost, in the area of human rights protection, because the stakes in that field are particularly important and the questions they raise are more relevant. Besides the study of the customary notion and its assertion as a form of denial of justice, the main point of this study is to highlight the existence of a general and subjective right to reasonable judgment, of which the definition allows to point out the limits of the normative power that the implementation of a standard provides to an international judge when he is called upon to review the internal regularity of national judgments
Maillafet, Céline. "La constitutionnalisation de la justice administrative : Etude comparée des expériences française et italienne." Electronic Thesis or Diss., Toulon, 2015. http://www.theses.fr/2015TOUL0094.
Full textFor long time, the doctrine took an active interest only in european conventionnal sources, but now constitutionalization of administrative justice is at work and of a great impact in France and Italy. A variety of aspects and many institutionnal players are intervening. For example, the Italian government in its legislative function, when was making new contentious administrative process rules, established in 2010, must take into account constitutionnal (and conventionnal) rules as interpreted by the Constitutionnal court. In France, constitutionalization, witch began in 1980’s, has intensified in accordance with the exam of constitutionality issues and even more so with the interventions of the Council of state in his advisory role in the preparation of laws and ordinances or in the internal rules about administrative justice’s member status and activities. However, constitutionalization results are variable. Independence, impartiality and administrative tribunal’s jurisdiction are under constitutionnal influence. On the other hand, the constitutionnal impact on the contentious administrative process is weak. The fact remains that administrative courts were, are and will be reformed with the impact of constitutionnal sources
Carlier, Peggy. "L'UTILISATION DE LA LEX FORI DANS LA RÉSOLUTION DES CONFLITS DE LOIS." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00287077.
Full textPrenant acte de ce constat, qu'il fonde sur des considérations sociologiques (ethnocentrisme) et pragmatiques (bonne administration de la justice), l'auteur entend réhabiliter la loi du for. Sans aller jusqu'à un legeforismo, dont la traduction pratique serait l'application systématique de la lex fori, un équilibre réaliste est proposé à partir d'un rapprochement des critères de rattachement et des chefs de compétence. Le vade-mecum de ce rapprochement offre alors les clés de la complémentarité qui doit exister entre la lex fori et la loi étrangère.
Rossignol, Sophie. "La reconnaissance des discriminations multiples en droit du travail français : état des lieux et perspectives." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA010.
Full textAnti-discrimination law is always evolving. It must be receptive to new types of discrimination against workers to guarantee a level of legal protection consistent with international and national standards. In that sense, multiple discriminations are a perfect example. They take place when several protected characteristics occur and interact with each other. The concept of multiple discriminations arises from social sciences but has only been legally theorized since the 80s. If French law does not consider them, jurisprudence and practice tends to underline the necessity of a legal acknowledgment. Seized by employment law, multiple discriminations pose many questions with regard to their definition and implementation. Nonetheless, studying them offers a different approach to the duty to not discriminate at work, and to insuring diversity in the workplace
Jestin, Kevin. "La notion d'abus de convention fiscale : réflexions à la lumière des droits français et américain." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0461.
Full textContemporary international fiscal law is undergoing a period of upheavals regarding the use of tax treaties. The research will lead to an interest in the different type of abuse that, thanks to the work devoted by the BEPS, are under the spotlight. It was necessary to shed some new light on the notion of tax treaty abuse that had long remained in the background. Faced with the absence of an unanimously adopted approach, many characteristics will be highlighted by insisting on the functional dimension of the notion which follows the form of a standard. In the context of a comparative analysis conducted in the light of French and American law, the object of the research is to analyse its several aspects from a new perspective by defining precisely the modalities of controlling abusive schemes. How judges deal with tax treaty avoidance strategies will be analysed. The various internal and international anti-abuses mechanisms will be discussed, highlighting the points of divergence and convergence of U.S. and French tax treaty policies. Attention will be paid to the conflicts of law regarding the juxtaposition of different tax order. The idea that under the effect of the multilateral instrument the notion of tax treaty abuse has acquired a distinct individuality will be defended. It will be important to specify what are the consequences for the application of the notion by the French judge
Fandjip, Olivier. "Le temps dans le contentieux administratif : essai d’analyse comparative des droits français et des États d’Afrique francophone." Thesis, Clermont-Ferrand 1, 2016. http://www.theses.fr/2016CLF10504/document.
Full textIn the administrative lawsuit, time must reconcile the rights of justiciable and the principle of legal security. The comparative analysis of the French rights and the French-speaking country of Africa, following the example of Cameroon and of Gabon, gives the opportunity to observe the various facets of the time seized by the right in administrative dispute. In France, indeed, the temporal framework of the lawsuit is not exclusively defined by the legislator, it is also the work of jurisprudence and even of justiciable, on the one hand, and, on the other hand, this time is identified according to an approach at the same time quantitative, qualitative and of the economic situation. Thus, in theory, in the French administrative dispute, time appears in a flexible or malleable form. In the African rights, on the other hand, the temporal framework of the administrative lawsuit is more regulated, i.e. a time prescribes in advance by the texts, which is expressed with the requirement, on the one hand, and, on the other hand, one even observes a primarily quantitative approach from the point of view of his determination. Under these conditions, it appears, in theory, like a rigid time, a solidified time, contrary to a time chosen as it is the case in French right. This dynamic, or flexible approach, of time observed in French right is, in spite of the risk of extension of the time of the procedures which it can cause, advantageous with the justiciable ones. It is undoubtedly the reflection of a French administrative law which evolved to the protection of the citizens, contrary to the rigid form of time, observed in the African legislations which, making the good share with the principle of legal security to the detriment of the rights of justiciable, is the expression of an administrative law primarily turned towards the effectiveness of the administrative action
Ratier, Alice. "Les personnes sourdes face au droit : l'exemple de la détention." Thesis, Université Clermont Auvergne (2017-2020), 2019. http://www.theses.fr/2019CLFAD028.
Full textBy being subjected to a combination of vulnerabilities, deaf persons in jail are calling for a review of their situation. To what extent does their legal status take this into consideration? How can public law effectively accommodate them through its regulatory role? While deaf persons in jail may be insensitive to the noises which characterize the prison environment, they are nevertheless sensitive to the silence which surrounds them. Locked into the medical vision of disability, French law is unable to listen to nor meet their needs. Deaf to their requests and to those international obligations to which it has committed itself, France keeps these people in inhuman and degrading conditions of detention. The social isolation which derives from this reflects a society inaccessible to deafness and an absence of effective legal recognition
Amar, Jacques. "Identités religieuses contemporaines dans le miroir des droits de l’homme : contribution à une sociologie des droits de l’homme." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100173/document.
Full textThis thesis tries to revive a type of research that originates from first work of French sociology: sociological study of a central concept of juridical field, (that is to say, the so called) in this case Human Rights as much as contemporary invocation to serve religious claims by means of the related texts by individuals or institutions. Systematic invocations of Human Rights at every society level and particularly the contemporary way to express religious identity are the objects of this two levels conducted analysis. Considering this text a Human Rights sociology contribution to religious identity question is therefore appropriate. The rule of law and the way individuals take it over or interpret it is the structural factor on which (depends) is based social fact. Radical specificity of our times is identified in this work at two different levels: Human Rights have turned to a norm likely to be invoked in any type of conflict instead of being just a set of texts of political significance; alteration of rules in force in society, formerly a political fight, are now justified through Human Rights. This analysis has focused on this specificity by developing first a distinction between society of litigation and society of dispute and, in a second time, a typology of religious identities in accordance to the relationship that the individual maintains with the rule of law
Elineau-Yannakis, Christelle. "La substance de l'obligation contractuelle." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30066.
Full textBy the much acclaimed decision of July 10, 2007, since reiterated, the Commercial Chamber stated that “if the rule according to which conventions must be executed in good faith allows the judge to sanction unfair use of a contractual prerogative, it does not allow it to undermine the very substance of the rights and legal obligations agreed between the parties”. It has opposed the substance of the obligation to the prerogative. This innovative solution arouses some questioning. The aim of this study is to incorporate the concept of substance of the obligation under the common law of obligations. Firstly, it is essential to define the concept. Considered as the intangible heart of a contract, it must be understood as the legitimate expectation of the reasonable creditor of the essential obligation. Confronted to notions of cause and compulsory value of a contract, it shows its ability to rethink the law of obligations. It highlights the articulation of the first and third paragraphs of article 1134 of the civil Code, and the hierarchy even within the first paragraph of that article. Secondly, the originality of its regime must be assessed. The concept of substance of the obligation intervenes in the conclusion of the contract, as well as during its execution. It completes the system of error-barrier allowing the sanction of the error on the economic profitability of the contract. It also simplifies the system of the clause relating to its detriment. It allows a rethinking of the system of vagueness, opening the way to futility and judicial review of the contract. Interpretive powers and judicial intervention in the contract are refined. It is ultimately the guiding principles of contract law that are redesigned. The concept of substance of the obligation therefore falls out with the independent willpower. Lastly, it restructures the compulsory value of a contract
Bouaziz, Hafedh. "La conversion des actes juridiques." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3006/document.
Full textThe thesis proposes to redefine the notion of conversion. The analysis of positive law shows that the classical definition of conversion, such as (like) the operation which consists in drawing from a null act a valid new act, may be extended from a double point of view. All that had been done was the conversion of legal acts; it has been discovered that it can be extended to instrumental acts. In the same sense, there had been contemplated only one cause of conversion, the nullity of an act; it is now accepted that it could operate as a result of a case arising a posteriori, like the lapse, the prescription, the foreclosure and the resolution. Conversion may, therefore, be defined as the technique which gives effect, by the will of the law or the judge, to a legal act which has not been formed because of an original defect or which Was able to survive because of a posteriori cause when the elements which remain correspond to the definition of a new legal figure satisfying the economic objective pursued by the parties.The thesis also proposes to modernize or renovate the regime of conversion. The modernized conversion requires the active intervention of the judge to verify that the conditions of the conversion are met, but also and especially to decide on its expediency. Conversion thus places the judge at the rank of true trainer or "maker" of the contract. The doctrinal analyzes which present conversion as based on an alleged virtual will of the parts are artificial. There is, however, no need to demonize the office of the judge by claiming that conversion is an exorbitant and authoritarian process. The anxiety which may arise from the increase of the role of the judge in conversion is appeased as soon as the judge is obliged to draw the elements of the new act into the original act. They have yet to be tempered by the constant search for a new act which responds to the original purpose of the parties.The ambition of this thesis was therefore twofold: the redefinition of the notion of conversion on the one hand and the regeneration of its regime on the other. In view of this renewed analysis, conversion is destined for a prosperous future as a technique for the rescue of legal acts
Dalmet, Christophe. "La notion de denrées alimentaires." Phd thesis, Université d'Avignon, 2009. http://tel.archives-ouvertes.fr/tel-00629627.
Full textBrunel, Fanny. "L’abstention du titulaire d’une prérogative en droit privé : ébauche d’une norme de comportement." Thesis, Université Clermont Auvergne (2017-2020), 2017. http://www.theses.fr/2017CLFAD025/document.
Full textFrench law is usually understanding the abstention as the abstention fault. However, the abstention of the holder of a prerogative can not be analyzed this way and requires a new juridical approach. Abstention creates an equivocal situation by being a refusal, silent and temporary, to immediately enjoy the effects of a prerogative in order to retain them until the most appropriate moment. By being unclear unlike an active exercise or a real renunciation, it generates indeed unpredictability and a lack of legal safety. This insecurity is, moreover, exacerbated by erroneous interpretations of abstention and by the aggravation of the consequences affecting the one who suffers from it with the passing time. As a result, due to the absence of a legal status of abstention, it is imperative to take up the unpredictability problem of the abstention of the holder of a prerogative in order to attempt to mitigate it, while highlighting its legitimacy. The appearing necessary solution finds its way in the regulation of the behavior of the one abstaining in time. Consequently, from the end of a reasonable period, preserving his liberty within the time limit, he has to respect the standard of a reasonable agent. Failing that, his liability could be incurred. This would not exclude the accountability of the person who suffers from abstention
Lestrade, Éric. "Les principes directeurs du procès dans la jurisprudence du Conseil Constitutionnel." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40033/document.
Full textIn spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status
Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Full textThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
Désy, Michel. "Culture, autonomie et vulnérabilité : l'accommodement raisonnable comme outil de santé publique." Thèse, 2007. http://hdl.handle.net/1866/16562.
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