NCube/papyrus huggingface dataset:
Conjoncture et historicité de l'accession de la norme à sa juridicité : les droits linguistiques au Canada

This thesis deals primarily with the participative function of the interpreter of the law as it is acknowledged except by the c1assical doctrine that is more inc1ined to see the intention of the lawmaker as the absolute detenninant. Referring to the various stages in the meaning-making process through the creation of the henneneutical circ1e, we analyze the c1assical doctrine and, while dealing with interpretation of the law under the henneneutical approach, we put forward and explain the very conditions where the legal phenomenon appears at the level of the autonomy of the text and of its reception. This thesis also intends to assess the impact of the construction and enforcement constraints regarding the law. How, in the course of the meaningmaking process, is legal interpretation built and enriched by the values and rules which govem law-making? To analyze and characterize the role of the judge in the making of the meaning of the law with a specifie approach inspired by phenomenology and philosophical henneneutics, we have chosen the area of language rights. The analysis of the empirical data that was gathered enables us to see, beyond the predetermination and the co-determination of the meaning of the law, where overdetermination is headed (a specifie concept of the "systemal analysis" theory under which the meaning of the law also emerges by reference to the value system permeating the representation of the reality of the law) and therefore to concretely illustrate its very expressions. First approached from the perspectives of history, of the founding principles and of the issues related to the linguistic duality, the linguistic case law is specifically VI reviewed in the context of linguistic minority rights and of the representation of preferred values. An analysis of submissions filed by the parties and the interveners in linguistic rights cases shows the major role played by identity-related values in the reviewed interventions. The analysis of the Court's responsiveness and the interpretation of judges then confirm the existence of an over-determination. This theoretical exploration allows us to have a reasoned representation of the judge's role in the making of meaning in law through the three stages of the hermeneutical circle - understanding, interpretation, application - that are combined in a circular and anticipatory process aiming at revealing the constitutive elements of the legal text. The empirical analysis confirms the influence of the recipient and interpreter of the law on the meaning which leads it to become a legal phenomenon.

Keyphrases: Phenomenology, Hermeneutic, Legal Interpretation, Esthetic, Litterature
La liberté de religion et les intérêts de l'enfant au Canada

First, the author analyses five reasons that may be advanced to justify freedom of religion: tolerance, rationality, utilitarianism, perfectionism and neutrality. Then, the author generally sets out the mechanisms by which freedom of religion is interpreted in Canada. These two preliminary steps lead to a critical analysis of the interaction between freedom of religion and children's rights and interests. The author submits that when a legal situation involves freedom of religion and the fundamental interests or rights of children that are not capable of autonomous choices, the Supreme Court does not apply a proportionality test and, generally, courts should not apply it. The author concludes that the fundamental rights and interests of children are preponderant.

Keyphrases: Restrictions, Section 1, Section 2a), Proportionality test, Custody, Canadian Charter of Rights and Freedoms, Right to Decide Medical Treatment
L'application de la notion d'entreprise entre le Code de commerce français et le Code civil du Québec

An analysis of the implementation of the notion of enterprise in the French Commercial Code and the Civil Code of Quebec is undertaken in this study. By adopting the concept of enterprise, both legislators wanted to overcome the obsolescence of the traditional principles of the commercial law and adjust their legislations to the modem economic and social mutations. Thus, this concept is currently referred to in France and in Quebec. However, it would be a flaw to accept the adoption and implementation of the concept of enterprise as the same in France and in Quebec. Indeed, in the Civil Code of Quebec, the enterprise concept replaced completely the concept of commerce to widen the realm of application of the rules applied in the business world. On the other hand, despite the adoption of this concept on most of the business regulations, the French legislator chose to preserve the commercial law. The emphasis in this thesis is to contrast the two paths taken by France and Quebec to adopt and implement the concept of enterprise and to highlight the advantages and disadvantages of each path. This study concludes that the two experiences are in contradiction with regard to the current state of law in France and in Quebec after adopting the notion of enterprise. By safeguarding the notion of commerce, the French legislator still profiting from stable juridical system derived essentially from the commercial law's doctrine and jurisprudence. However, this stability was maintained at the cost of a logical and coherent legal structure. On the other hand, the Civil Code of Quebec is based on rational and homogeneous rules that correspond to a modern legal system. Nevertheless, given the novelty of the legal reforms, many challenges arise when it cornes to the application and interpretation of the new concept of enterprise.

Keyphrases: Notion of enterprise, Commercial law, Commercial Code of French, Civil Code of Quebec
Signification de l’expérience de la phase palliative du cancer, pour des personnes atteintes et leurs familles des Baléares, alors que le pronostic leur est connu

Nowadays cancer constitutes one of the most prevalent morbilty and mortality causes, representing 25% of the total mortality rate in the Spanish context. When patients and their families live through the palliative phase of cancer, they experience a great emotional shock where physical, psychological and spiritual suffering may come at play. Having health professionals inform all family members including the patient about cancer diagnosis and related prognosis is a more and more common situation encountered within Mediterranean contexts. Nevertheless, it is not yet clear how this new approach to information disclosure is experienced by family members. Thus, the goal of this phenomenological research study was to explore and further understand the meaning these families assign to the experience of living through the terminal phase of cancer of a loved one, while being all informed about the related prognosis. The findings of this study rely on in-depth interviews with four couples (patient and spouse). The data analysis, developed upon the guidance provided by Giorgi’s (1997) phenomenological method, presents two central themes that characterize the meaning of the experience of the palliative phase of cancer, when information on the poor prognosis is known both by the patient and his/her family. The first theme concerns the fact of intensively living the loss of a dreamed-of life. This first theme is mainly develop around the lived experience regarding the shock associated with the fatal prognosis, the constant feelings and emotions such as sadness, frustration, worry and uncertainty, and related to different losses, as well as the hope for an absence of suffering. The second main theme is related to the strategies developed by these couples as they face the situation and try to make their lives as manageable as possible: to gather health professionals’ information and support, to search for a certain “normality” in their everyday life, to enjoy life, to get help from relatives and friends, to keep an open cognitive and instrumental communication dynamics, to emotionally protect themselves and to imagine and construct a future time where the loved one will no longer be present.  All these elements of each family’s individual contexts transform their lived experiences into unique experiences that must be understood and respected as such by all health professionals involved. Knowledge developed by this research study will allow nurses to better understand the experience of the palliative phase of cancer for couples sharing the information on diagnosis and prognosis, aiming at improving their quality of care. Several suggestions, related the development of sounder nursing knowledge, evolve from these results in regards to the need to develop later studies that would further explore communication in the context of couple dynamics.

Keyphrases: communication, cancer, family, palliative phase, phenomenology, Spain
La participation sociale au quotidien : une analyse de l’emploi du temps

Our project focuses on the evolution of social participation and the new forms it takes in Canadian society. Social participation is an important issue in contemporary democratic societies, where social life is threatened by market orientations, and where the State’s actions invite more and more social involvement by individuals. For these very reasons, we ask how the distribution of social participation time has evolved for Canadians aged 25 to 49 years, so as to determine how people reconcile their daily professional, familial and civic requirements of their life. We have analyzed social participation by focusing on the place it takes in daily time use organization, rather than on its determinants as it is usually done. Two main conclusions stand out of our analysis. First, the evolution between 1992 and 1998 of formal (volunteering) and informal (helping) activities is characterized by a decrease in the participation rate. But there is also a lengthening of volunteering time, which indicates the existence of a “core of volunteers”. Second, the specific organization of people’s free time accounts for social involvement and for the time dedicated to it. Work time thus has a real, albeit not determining, influence on social engagement and on the amount of time dedicated to it.

Keyphrases: Participation formelle, Participation informelle
Alice Schwarzer et le féminisme allemand

Comparing Germany to other western countries, many academics and activists claim that the feminist “gains” are not as important in Germany. This does not imply that the feminists are not active. This master thesis is about the most notorious German feminist: Alice Schwarzer. Through her life story, her feminist thought, her campaigns and claims, this master thesis aims to shed the light on the evolution of second wave feminism in Western Germany in the second part of the 20th century.   This master thesis portrays feminists’ fights in their socio-political context. The study will be completed with the help of a case study in order to portray the history of German feminism and capture the nature of some feminists’ “gains” in 20th century Germany. This study also allows us to shed the light on the disparities between feminists such as Schwarzer and third wave feminists throughout recent debates in Germany.  This master thesis is divided in two major parts. First, the social heritage of Schwarzer will be drawn. Second, the feminist thought of Schwarzer will be presented in two themes: the “socialization of sexuality” and the “public character of the private sphere”. To do so, this master thesis is based on Alice Schwarzer’s writings: Her first and most important book The Small Difference and its Big Consequences (1975), the magazine EMMA she founded in 1977.

Keyphrases: Alice Schwarzer
Quelques repères épistémologiques pour une approche cognitive de la traduction spécialisée – Application à la biomédecine

This paper presents some key researchers and theories that open the way for new types of research in translatology using a cognitive approach: Spinoza in philosophy, Damasio and Edelman in neurosciences, the Gestalt and the work of Lakoff, Talmy and Fauconnier in cognitive semantics. The main concepts will be placed within the cognitive science framework and we will explain why they are important for the practice of translation as well as in research. A few results taken from our work on conceptualisation modes in biomedicine will illustrate the proposed approach.

Keyphrases: neurosciences
The Alberta Dilemma: Optimal Sharing of a Water Resource by an Agricultural and an Oil Sector

The purpose of this paper is to characterize the optimal time paths of production and water usage by an agricultural and an oil sector that have to share a limited water resource. We show that for any given water stock, if the oil stock is sufficiently large, it will become optimal to have a phase during which the agricultural sector is inactive. This may mean having an initial phase during which the two sectors are active, then a phase during which the water is reserved for the oil sector and the agricultural sector is inactive, followed by a phase during which both sectors are active again. The agricultural sector will always be active in the end as the oil stock is depleted and the demand for water from the oil sector decreases. In the case where agriculture is not constrained by the given natural inflow of water once there is no more oil, we show that oil extraction will always end with a phase during which oil production follows a pure Hotelling path, with the implicit price of oil net of extraction cost growing at the rate of interest. If the natural inflow of water does constitute a constraint for agriculture, then oil production never follows a pure Hotelling path, because its full marginal cost must always reflect not only the imputed rent on the finite oil stock, but also the positive opportunity cost of water.

Keyphrases: nonrenewable natural resources, renewable natural resources, order of use, water resource, oil
A Theory of Random Consumer Demand

This paper presents a new theory of random consumer demand. The primitive is a collection of probability distributions, rather than a binary preference. Various assumptions constrain these distributions, including analogues of common assumptions about preferences such as transitivity, monotonicity and convexity. Two results establish a complete representation of theoretically consistent random demand. The purpose of this theory of random consumer demand is application to empirical consumer demand problems. To this end, the theory has several desirable properties. It is intrinsically stochastic, so the econometrician can apply it directly without adding extrinsic randomness in the form of residuals. Random demand is parsimoniously represented by a single function on the consumption set. Finally, we have a practical method for statistical inference based on the theory, described in McCausland (2004), a companion paper.

Keyphrases: consumer demand, random choice, random preference
Explaining the Transition Between Exchange Rate Regimes

This paper studies the transition between exchange rate regimes using a Markov chain model with time-varying transition probabilities. The probabilities are parameterized as nonlinear functions of variables suggested by the currency crisis and optimal currency area literature. Results using annual data indicate that inflation, and to a lesser extent, output growth and trade openness help explain the exchange rate regime transition dynamics.

Keyphrases: hollowing out hypothesis, Exchange rates, hollowing out hypothesis, regime change, Markov chains, pegs, floating
Exact Skewness-Kurtosis Tests for Multivariate Normality and Goodness-of-fit in Multivariate Regressions with Application to Asset Pricing Models

We study the problem of testing the error distribution in a multivariate linear regression (MLR) model. The tests are functions of appropriately standardized multivariate least squares residuals whose distribution is invariant to the unknown cross-equation error covariance matrix. Empirical multivariate skewness and kurtosis criteria are then compared to simulation-based estimate of their expected value under the hypothesized distribution. Special cases considered include testing multivariate normal, Student t; normal mixtures and stable error models. In the Gaussian case, finite-sample versions of the standard multivariate skewness and kurtosis tests are derived. To do this, we exploit simple, double and multi-stage Monte Carlo test methods. For non-Gaussian distribution families involving nuisance parameters, confidence sets are derived for the the nuisance parameters and the error distribution. The procedures considered are evaluated in a small simulation experi-ment. Finally, the tests are applied to an asset pricing model with observable risk-free rates, using monthly returns on New York Stock Exchange (NYSE) portfolios over five-year subperiods from 1926-1995.

Keyphrases: distribution stable, diagnostic, test exact, bootstrap, CAPM, multivariate linear regression, goodness-of-fit, normality test, multivariate normality, multinormality, Student t, normal mixture, stable distribution, specification test, diagnostics, exact test, Monte Carlo test, bootstrap, nuisance parameter, asset pricing model, CAPM
ARMA Representation of Integrated and Realized Variances

This paper derives the ARMA representation of integrated and realized variances when the spot variance depends linearly on two autoregressive factors, i.e., SR SARV(2) models. This class of processes includes affine, GARCH diffusion, CEV models, as well as the eigenfunction stochastic volatility and the positive Ornstein-Uhlenbeck models. We also study the leverage effect case, the relationship between weak GARCH representation of returns and the ARMA representation of realized variances. Finally, various empirical implications of these ARMA representations are considered. We find that it is possible that some parameters of the ARMA representation are negative. Hence, the positiveness of the expected values of integrated or realized variances is not guaranteed. We also find that for some frequencies of observations, the continuous time model parameters may be weakly or not identified through the ARMA representation of realized variances.

Keyphrases: integrated variance, realized variance, ARMA representation, SR-SARV models, weak identification
Aversion Analysis

In this paper : a) the consumer’s problem is studied over two periods, the second one involving S states, and the consumer being endowed with S+1 incomes and having access to N financial assets; b) the consumer is then representable by a continuously differentiable system of demands, commodity demands, asset demands and desirabilities of incomes (the S+1 Lagrange multiplier of the S+1 constraints); c) the multipliers can be transformed into subjective Arrow prices; d) the effects of the various incomes on these Arrow prices decompose into a compensation effect (an Antonelli matrix) and a wealth effect; e) the Antonelli matrix has rank S-N, the dimension of incompleteness, if the consumer can financially adjust himself when facing income shocks; f) the matrix has rank S, if not; g) in the first case, the matrix represents a residual aversion; in the second case, a fundamental aversion; the difference between them is an aversion to illiquidity; this last relation corresponds to the Drèze-Modigliani decomposition (1972); h) the fundamental aversion decomposes also into an aversion to impatience and a risk aversion; i) the above decompositions span a third decomposition; if there exists a sure asset (to be defined, the usual definition being too specific), the fundamental aversion admits a three-component decomposition, an aversion to impatience, a residual aversion and an aversion to the illiquidity of risky assets; j) the formulas of the corresponding financial premiums are also presented.

Keyphrases: certitude subjective, Risk aversion, Aversion to impatience, Illiquidity aversion, Multidimensional aversions, Financial premiums, Antonelli matrix, Asset substitutability, Drèze-Modigliani decomposition, Subjective certainty, Sure and risky assets, Incomplete markets
Population Ethics and the Value of Life

Public policies often involve choices of alternatives in which the size and the composition of the population may vary. Examples are the allocation of resources to prenatal care and the design of aid packages to developing countries. In order to assess the corresponding feasible choices on normative grounds, criteria for social evaluation that are capable of performing variable-population comparisons are required. We review several important axioms for welfarist population principles and discuss the link between individual well-being and the desirability of adding a new person to a given society.

Keyphrases: Population Ethics, Neutrality, Critical Levels
Bootstrapping Autoregressions with Conditional Heteroskedasticity of Unknown Form

Conditional heteroskedasticity is an important feature of many macroeconomic and financial time series. Standard residual-based bootstrap procedures for dynamic regression models treat the regression error as i.i.d. These procedures are invalid in the presence of conditional heteroskedasticity. We establish the asymptotic validity of three easy-to-implement alternative bootstrap proposals for stationary autoregressive processes with m.d.s. errors subject to possible conditional heteroskedasticity of unknown form. These proposals are the fixed-design wild bootstrap, the recursive-design wild bootstrap and the pairwise bootstrap. In a simulation study all three procedures tend to be more accurate in small samples than the conventional large-sample approximation based on robust standard errors. In contrast, standard residual-based bootstrap methods for models with i.i.d. errors may be very inaccurate if the i.i.d. assumption is violated. We conclude that in many empirical applications the proposed robust bootstrap procedures should routinely replace conventional bootstrap procedures for autoregressions based on the i.i.d. error assumption.

Keyphrases: conditional heteroskedasticity, wild bootstrap
Natural-Resource Exploitation with Costly Enforcement of Property Rights

This paper proposes a model of natural-resource exploitation when private ownership requires costly enforcement activities. For a given wage rate, it is shown how enforcement costs can increase with labor's average productivity on a resource site. As a result, it is never optimal for the site owner to produce at the point where marginal productivity equals the wage rate. It may even be optimal to exploit at a point exhibiting negative marginal returns. An important parameter in the analysis is the prevailing wage rate. When wages are low, further decreases in the wage rates can reduce the returns from resource exploitation. At sufficiently low wages, positive returns can be rendered impossible to achieve and the site is abandoned to a free-access exploitation. The analysis provides some clues as to why property rights may be more difficult to delineate in less developed countries. It proposes a different framework from which to address normative issues such as the desirability of free trade with endogenous enforcement costs, the optimality of private decisions to enforce property rights, the effect of income distribution on property rights enforceability, etc.

Keyphrases: property rights, enforcement costs, natural resources, income levels, economic development, economics of crime, illegal labor
Paretian Quasi-Orders: Two Agents

We characterize Paretian quasi-orders in the two-agent continuous case.

Keyphrases: dominance parétienne, Pareto dominance