bluuebunny/crossref_metadata_2025_split huggingface dataset:
Individualisme et communautarisme : l'individu, la famille et l'État en Europe occidentale
Authors: Meulders-Klein Marie-Thérèse 
Published: February 2015

Individualisai and Communautarianism : The Individual, the Family and the State in Western Europe.
This paper was presented during the joint congress of the International Association of Legal Science and the American Society of Comparative Law, held in Provo (Utah, U.S. A.) in September 1992 on the topic of « Individualism and Communautarianism in Contemporary Legal Systems : Tensions and Accommodations ».
The aim of the Conference was to compare the place and role of intermediary communities (the family, the business enterprise, the school, local or religious communities, trade unions, professional orders, etc.) between the individual and the State, in the context of contemporary legal Systems (Western and Eastern Europe, United States, Japan, Islamic countries, etc.). The paper presents a short introduction on the origins of the triad « Individual, Family, State ».This is followed by a brief comparison of the historical and philosophical bases underlying the différent legal approaches to family matters in common law and civil law countries. Then the author illustrates how private and public law (constitutional law and national family policies) in Western European countries, and the main European international institutions (the Council of Europe, the European Community and the European Court for Human Rights), attempt to establish in the contemporary context of evolving ideas and moral behaviour, a carefully measured equilibrium between individual and collective liberties and rights, including those of the family as a privileged domain for mediation between the individual and the State.
L'exercice de la fonction de justice comme enjeu de pouvoir entre Justice et médias
Authors: Commaille Jacques 
Published: February 2015

Judicial Practice as the Wager of Power between Justice and Media.
In this article, an analysis is traced of what appears increasingly as a power relationship between Justice and media. Beyond the investigation of the forms taken by this relationship, the examination of the reasons for its existence are here of particular interest to us. One explanation put forward is that Justice has not been able to assume fully its role in the context of the reconstruction of social control, an argument which has allowed media to consider themselves able to assume the role of expressing « what is right and what is true ». Rather than opting for an attitude of resignation or indignation in the matter, the question remains of how to establish the basis upon which a renewed complementarity between Justice and média may be built, enabling the reintroduction of the function of justice into « City » affairs.
L'hérédité
Authors: Vacarie Isabelle , Goré Marie 
Published: February 2015

Heredity.
Heredity, both from a purely juridical point of view and also on a biological level, builds up a particularly strong image of the individual. To deal homogeneously with heredity in ail its aspects thus requires that the law take into consideration its dynamics and immanent forces. Chance, whether through the order of family deaths or the combination of genetic characteristics, gives rise to variety. Therefore, if the genetic make up of an individual is a value in itself, it is also, and essentially, a link within the chain of humanity. Genetic inheritance consequently provides inter-dependance between generations, and the continuity it insures is not mere reproduction, but also continuous creation. Moreover the continual progress of biomedical techniques and the growing mastery over genetic matter should not end in turning heredity away from its distinctive function. It has to be underlined that the latest developments in legislation allow a certain amount of control to be exerted over heredity in the name of the prevention and treatment of genetic illnesses. The laws of nature are thus replaced by those of science, combined with a new conception of man. This is the reason why it appears necessary for the law to define the boundaries within which science can interfere in the natural and spontaneous play of heredity.
Légitimation et régulation de l'administration pénitentiaire et du corps du personnel de surveillance
Authors: Froment Jean-Charles 
Published: February 2015

Recognition and Regulation of the Penitenciary Administration and of Prison Guards.
Since the end of the eighties, the penitenciary administration has been confronted with a crisis that is both functional and structural. The analysis of public policies implemented in this sector since the end of the Second World War reveals the ambiguousness of the role and social position of prisons and their employees in the Republican State, as expressed by regulatory (administrative/judicial) and functional (security/rehabilitation) logics that are hardly compatible. This approach to the prison crisis, focusing on the problems of legitimacy in this area and their consequences on its regulation system, finally tends to challenge the orientation of recent modernization policies undertaken to remedy the crisis.
The Future Euro-Polity and its Impact upon Private Interest Governance within Member-States
Authors: Schmitter Philippe C. 
Published: February 2015

Le futur système politique européen et son impact sur les gouvernements privés au niveau national.
Les gouvernements d'intérêts par association privée (GIAPs) sont menacés au niveau national et faiblement encouragés au niveau supra-national par l'Acte Unique et le Traité de Maastricht. On commence seulement à entrevoir l'impact du marché unique et du principe de reconnaissance mutuelle sur les GIAPs les plus enracinés. Le résultat éventuel dépendra de la compétition entre deux principes de la prise de décision dans la Communauté : celui de la régionalisation et celui de la sectorisation, aussi bien que de l'émergence de systèmes plus directs de régulation politique.
Du « patrimoine naturel de l'humanité » considéré comme un symptôme
Authors: Micoud André 
Published: February 2015

Natural Heritage of Humanity Perceived as a Symptom.
The making of Environmental Law is a favoured field for the rise of new notions. Some of them like the « Natural Heritage of Humanity » have already become obvious facts. This paper questions the form rather than the content of their expression and attempts to analyse them as rhetorical figures revealing any configurations forming between them. It is based on a major hypothesis : environmental law, while being a practical answer to what is referred to as « the environmental crisis », is currently witness to a broad reorganization of the symbolic representation of the world. So it is for the « natural heritage of humanity » figure, in which the gathering of three words transforms the meaning of each of them. Heritage contributes to the institution of a duration after death. In consequence, Nature is identified with the sum of living beings that are to be « kept safe ». Finally, humanity becomes thinkable only in terms of the succession of generations of a (particular) species.
Hauriou et la théorie de l'institution
Authors: Millard Éric 
Published: February 2015

Hauriou and the théorie de l'institution.
The institution theory developed by dean Maurice Hauriou at the beginning of the century still remains especially stimulating for a theoretical analysis of law and for understanding its social scope. The article discusses this theory. After explaining its genesis and evaluating its content, the author retraces its ramifications in juridical doctrine. Then, based on a critical evaluation of institutional idealism, and taking into account the contribution of institutional analyses outside the realm of jurists, the author demonstrates the interest the theory proposed by Hauriou and its critical application may have for jurists.
Surveillance des rencontres enfants-parents aux États-Unis. Un état des pratiques
Authors: Straus Robert B. 
Published: February 2015

A Summary View of Supervised Visitation in the United States.
In response to the needs of family courts and concerns about risks to children in abusive or violent homes, supervision of parent-child contacts in the United States has doubled since 1992. This article reviews the number, characteristics, and types of services provided by supervised Visitation programs in the U.S. Questions of standards and guidelines arising from the diversity of programs are discussed, including specific issues about families with a history of domestic violence. A concluding section outlines public policy issues, focusing on needs for funding.
Répertoires juridiques et affirmation identitaire
Authors: Dupret Baudouin 
Published: February 2015

Legal Repertoires and Identity Assertions.
This paper focuses on the central role identity matters occupy in the question of law and discourse dealing with and playing on the various legal repertoires. The field of inquiry is Egypt and Egyptian statute law as well as the shari'a, i. e. Islamic law are the repertoires. It aims at demonstrating, starting from law as a communicational and classificatory system, its function in creating domains to which it ascribes individuals and objects and thus its participation in the establishment of borders defining alienity and identity.
« C'est un oiseau ! » Brancusi vs États-Unis, ou quand la loi définit l'art
Authors: Heinich Nathalie 
Published: February 2015

« It's a Bird ! » Brancusi vs USA : When Law Defines Art.
In 1928, the sculptor Brancusi filed a suit against the American customs, to obtain the recognition of one of his sculptures as a work of art. This trial dramatically emphasizes the link between a juridical argumentation, leaning on the formal rules of law, and an aesthetic argumentation, leaning on the informal conventions delimiting the common sense of art. It condenses in the judicial arena the repertoire of arguments which contributed first to the reaction against modem art, then to its institutional integration. What is at stake here is the reconstruction of a consensus, framed by law, on the proper delimitation of the cognitive boundaries of art, that is, on the definition of what can be considered artistic. Thus the winner was not only Brancusi, but also a « labelling theory » already experienced by Marcel Duchamp throughout artistic institutions : a theory which was to become, fifty years later, the standing point of a major turn in social sciences as well as in contemporary art.
No Hope ? An Essay on Globalization Theories and the Legal Institution Building Processes in Postcommunist Europe
Authors: Skapska Grazyna 
Published: February 2015

Pas d'espoir ? Un essai sur les théories de la globalisation et les processus de construction des institutions juridiques dans l'Europe postcommuniste.
L'auteur montre que, pour les démocraties en voie de développement, un certain espoir lié à des opportunités certaines est inhérent au processus de globalisation du droit. Elle indique aussi les obstacles qui se dressent sur la route.
La transnationalisation du champ pénal : réflexions sur les mutations du crime et du contrôle
Authors: de Lemos Capeller Wanda 
Published: February 2015

Transnationalization of the Penal Field : Some Considerations on Change in Crime and Control.
Recent past years have witnessed crime sliding from the local into the global sphere. From this standpoint, the world conceived as a hierarchical network appears as an old-fashioned model of social control. Organized crime is replaced by transnational crime. To understand the processes of such a criminality, it is necessary to deal with them in terms of « globalized localisms » and « localized globalisms ». In such a context, the full meaning of the increasing repression in public policies comes into view e.g. in the fight against drug trafficking. In the same way, it becomes easier to discern why and how supranational institutions and transnational processes of control emerge. Such a repressive System of control based on « security » is presently at work within the European Union and attests to an increasing security ideology.
Vers une conception multiculturelle des droits de l'homme
Authors: de Sousa Santos Boaventura 
Published: February 2015

Toward a Multicultural Conception of Human Rights.
The paper argues that in order to become a genuine emancipatory project with a Worldwide reach, human rights politics must start by recognizing the false universalism that underlies the conventional conception of human rights. An attempt is made to develop a more cosmopolitan, multicultural conception of human rights on the basis of a diatopical hermeneutics aimed at bridging isomorphic concerns about human dignity in the Western, Islamic and Hindu cultures.
Éthique juridique et déontologie
Authors: Sheinman Leslie 
Published: February 2015

Legal Ethics and Rules of Conduct.
Professions frequently represent themselves in terms of sociological orthodoxy : experts in a field where others should fear to tread, autonomous because only they understand their internal issues, and guardians of a moral mandate to act in the public interest. Evidence of their morality is to be found in the existence of their rules of conduct and in the content of those rules. This paper traces the evolution of the rules of conduct for English solicitors and concentrates on the period 1926-1936 which saw the development of the Solicitors Act 1933, the Solicitors Accounts Rules 1936 and the Solicitors Practice Rules 1936. It examines the processes which produced these first rules and finds that, far from their being the product of the innate morality of the profession, they are the results, initially, of a threat to the autonomy of the profession, and subsequently of its internal competition.
La démarche historique face à la vérité judiciaire. Juges et historiens
Authors: Martin Jean-Clément 
Published: February 2015

The Historical Approach versus the Judicial Truth : Judges and Historians.
Recent trials involved in historical cases give the opportunity to establish the main characteristics of historical workshop and justice practices and to seek their analogies. Both historians and judges are confronted with social demands and are both responsible for the future of their communities, their criteria of judgement being dependent on the values of those communities. Even if their "truths" can not be delivered in the same way, they sustain the same sort of constraints and are inscribed within the same horizons.
Commentaire. La temporalité de la pratique judiciaire : un point de vue sociologique
Authors: Bessin Marc 
Published: February 2015

The Temporality of Legal Practice : A Sociological Perspective.
Commenting a round table conference of magistrates on the issue of temporality in their professional practice, this article addresses time as a product of a specific activity. The act of rendering justice takes place within a dual time frame, between the long term structured time of the law and that of the contingencies of its interpretation. The multiplicity of actors participating in a given case who develop contradictory time frames reminds us of the close connection that exists between time and power. In the interplay with time that is a major part of legal strategy, the magistrates appear to be faced with particularly heavy pressure that reinforces the stronghold of the present. This demand for immediacy and the mass of cases to be dealt with, force the judges to act according to a certain degree of legal urgency. Their desire to better adapt their decisions to varying circumstances is one expression among others of the uncertainty of the future and calls into question the function of ritual as a means of depicting and organising the passage of time.
Éléments de définition pour une sociologie politique du droit
Authors: Corten Olivier 
Published: February 2015

Aspects of the Definition of the Political Sociology of Law.
In 1995, a Centre de sociologie politique du droit was set up at the Facultés universitaires Saint-Louis in Brussels. No attempt has yet been made to define the discipline, however. The author attempts to identify aspects of a definition that would make it possible to assert the autonomy of this discipline. The political sociology of law differs from other branches of legal studies in its original combination of criteria of validity external to the legal System, on the one hand, and an explanatory - as opposed to normative - approach, on the other hand. As a specialised field of sociology of law, it focuses mainly on the study of power relations in the creation and implementation of law, and involves taking stands on the epistemological as well as on the ideological level.
Le mendiant : un citoyen exclu
Authors: Sayah Jamil 
Published: February 2015

The Beggar : An Excluded Citizen.
This article deals with the problems that arise from the decision taken by several French Mayors to ban begging as well as the presence of homeless people in their districts. Following a review showing the evolution of attitudes and the legislation - from a repressed vision to the recognition that the poor are citizens with rights - this analysis aims to demonstrate that the beggar is still deprived of his right to corne and go and is the victim of discriminatory treatment. The beggar's right to individual freedom of movement, to stay in one place or move on, is denied when he is thought to have caused a public order disturbance. In fact, this disorder must be clearly defined and sufficiently alarming for the judge to acknowledge it, which is not the case in the Municipal decrees. To suppress the poor by banning them will only bring about the judges' disavowal.
Le marché du travail : règles et normes de carrière. Une comparaison internationale France/Nouvelle-Zélande
Authors: Cadin Loïc 
Published: February 2015

Labour Markets : Rules and Career Norms. An International Comparison France-New Zealand.
France and New Zealand have reacted in very different ways to the economic developments they have had to face. New Zealand, after several decades of State intervention, has engaged in a radical program of reforms including Labour Law and Industrial Relations. France has remained more attached to the Welfare State tradition. This article presents research which relates career representations with the evolution of labour markets in both countries. In each case, a process of redefining careers and employment norms is underway, however, the manner in which each represents life cycles and employment barriers differ.
L'opacité du fait face à l'illusoire limpidité du droit
Authors: Rigaux François 
Published: February 2015

Opacity of Fact vis-à-vis the Illusory Clarity of Law.
If the act of retaining a fact, whose evidence is admissible before a court, as an objective piece of information that can be identified and apprehended is illusory, the clarity of law itself is no less illusory. Three domains of judicial activity have been selected : criminal proceedings, civil action and family litigation. The first two share the indissolubility of fact and law due to the impossibility of apprehending "the facts" outside the legal conceptualization through which they are made significant. As for family litigation, nowadays it has surrendered to a discretionary judicial evaluation under the guise of moralizing legal norms.
A Technique to Fixate Dislocated Lenticules in Complicated Descemet Stripping Automated Endothelial Keratoplasty
Authors: Faramarzi Amir , Yazdani Shahin 
Published: February 2015

Purpose To describe a technique to fixate a dislocated donor lenticule following complicated Descemet stripping automated endothelial keratoplasty (DSAEK) when lenticule attachment has not been successful following previous attempts employing air tamponade due to iris defects and posterior capsule ruptures. Methods In this technique, we fixate the DSAEK lenticule at 2 points using partial-thickness sutures buried in the recipient corneal stroma. Results Three complicated DSAEK cases were operated by this technique. The lenticules were totally attached and the corneas remained clear up to the last visit, 6 months after the last procedure. Conclusions Our technique is easy to perform and efficient for fixation of detached lenticules and may also be performed primarily to prevent lenticule detachment in complicated DSAEK eyes.
Effects of incrementally increasing tidal volume on the right internal jugular vein in pediatric patients
Authors: Sargın Mehmet , Uluer Mehmet Selçuk , Özmen Sadık 
Published: February 2015

Purpose The aim of the present study was to evaluate the effects of incremental increases of tidal volume (TV) on the cross-sectional area (CSA) and size of the right internal jugular vein (RIJV), and the relationship between RIJV and the carotid artery (CA). Methods This prospective study included 23 pediatric patients aged between 7 and 12 years who were anesthetized. Using a standard anesthesia protocol, the TV was increased from 6 to 10 mL/kg in 1 mL/kg increments. For each TV, images of the RIJV and CA at the level of the cricoid cartilage were recorded at the end of the inspiration. From these results, the CSA and size of the RIJV and the percentage of CA overlap were calculated. Results The median (interquartile range) RIJV CSA was 0.82 (0.52-1.07) cm2 at a TV of 6 mL/kg and significantly increased to 0.86 (0.58-1.05), 0.88 (0.55-1.08), 0.95 (0.62-1.17) and 1.02 (0.70-1.20) cm2 at TVs of 7, 8, 9 and 10 mL/kg, respectively. There were no significant differences in the percentage overlap of the CA between all TVs. The median (interquartile range) transverse diameter was 1.16 (0.99-1.36) cm at a TV of 6 mL/kg and significantly increased to 1.20 (1.10-1.41), 1.26 (1.05-1.45), 1.28 (1.10-1.49) and 1.35 (1.12-1.52) cm at TVs of 7, 8, 9 and 10 mL/kg, respectively. The median (interquartile range) anteroposterior diameter was 0.77 (0.72-0.90) cm at a TV of 6 mL/kg and significantly increased to 0.81 (0.72-0.94), 0.85 (0.74-0.99), 0.88 (0.75-1.02) and 0.89 (0.79-1.06) cm at TVs of 7, 8, 9 and 10 mL/kg, respectively. Conclusions This study reveals that a TV of 10 mL/kg in anesthetized children achieved the greatest size in the RIJV, and caused no difference in the CA overlap. These results suggest that a TV of 10 mL/kg is the optimal choice when facilitating catheterization and in the avoidance of complications in anesthetized children connected to mechanical ventilator that are required to undergo RIJV catheterization.
Dynamic jamming of iceberg‐choked fjords
Authors: Peters Ivo R. , Amundson Jason M. , Cassotto Ryan , Fahnestock Mark , Darnell Kristopher N. , Truffer Martin , Zhang Wendy W. 
Published: February 2015

AbstractWe investigate the dynamics of ice mélange by analyzing rapid motion recorded by a time‐lapse camera and terrestrial radar during several calving events that occurred at Jakobshavn Isbræ, Greenland. During calving events (1) the kinetic energy of the ice mélange is 2 orders of magnitude smaller than the total energy released during the events, (2) a jamming front propagates through the ice mélange at a rate that is an order of magnitude faster than the motion of individual icebergs, (3) the ice mélange undergoes initial compaction followed by slow relaxation and extension, and (4) motion of the ice mélange gradually decays before coming to an abrupt halt. These observations indicate that the ice mélange experiences widespread jamming during calving events and is always close to being in a jammed state during periods of terminus quiescence. We therefore suspect that local jamming influences longer timescale ice mélange dynamics and stress transmission.