bluuebunny/crossref_metadata_2025_split huggingface dataset:
L'esprit du juge et la Loi, ou les premières fautes inexcusables des victimes de la circulation routière
Authors: Bories Serge 
Published: February 2015

S'il est avéré que l'application de lois nouvelles appelle une nécessaire période d'adaptation pour que se forgent les normes interprétatives, il peut être éclairant de jeter un regard sur les mécanismes qui conduisent à leur mise en œuvre. L'observation d'ensemble des premières jurisprudences revêt alors toute son importance, traduisant les phénomènes de réceptivité ou de rejet de la loi nouvelle, son degré d'effectivité et les difficultés que les juges peuvent rencontrer dans leurs primes démarches. Cette approche, envisagée sous un angle phénoménologique (1) peut fournir une utile contribution à la recherche de la dynamique qui gouverne la création de la règle de droit judiciaire.
C'est dans cet état d'esprit qu'il est apparu éclairant d'observer les premières jurisprudences mettant en œuvre l'article 3 de la loi du 5 juillet 1985, intervenant dans le contexte de l'après- Desmares" (2) et tout juste avant que ne tombe le couperet de la Cour de Cassation dans cette fameuse série d'arrêts rendus le 20 juillet 1987 par la deuxième chambre civile (3).
Violation des droits de l'homme et redémocratisation au Brésil : sous l'Etat scélérat, la société perfide...
Authors: Oliveira Luciano 
Published: February 2015

Human Rights Violation and Redemocratization in Brazil : A Treacherous Society within a Wrongful State.
Human rights violation made up one of the most striking issues raised in the latin-american political agenda during the seventies. In order to face the Brazilian « torturing State », a movement to defend human rights emerged under the guidance of the Catholic Church and the Brazilian Bar Association. This movement mobilized the public opinion and played a fundamental role in the disintegration of the military regime. However, at the end of the dictatorship period, this movement oecame stronger and instead of dealing with political prisoners it started to defend tortured common prisoners stemming from low income class. After this period, human rights militants were accused to protect marginals and the public opinion became hostile to this new approach of the movement. In the past, torturing practices related to middle class prisoners caused indignation among Brazilians. At the present, an apatnetic society sees these practices coming back within a different realm. This contrasting behavior tells us a lot about the strong hierarchy that pervades the Brazilian society. Beyond the classical dichotomy « dominated and dominants », this society is also based upon a more tragic dichotomy : those who are eligible to be tortured and others that are not eligible to be tortured.
Qu'est-ce que la théorie pure du droit ?
Authors: Kelsen Hans 
Published: February 2015

What is Pure Theory of Law ?
The text of Kelsen translated here dates from 1953. It therefore falls squarely between the two editions of his Pure Theory of Law (1934 and 1960). In this article, Kelsen re-examines the essential theses of his theory in an effort to demonstrate the structural specificity demanded by any valid theory of law, contrasting it to ethics and politics, as well as to the natural sciences grounded in principles of causality.
L'entrée du syndicat de la magistrature dans le champ juridique en 1968
Authors: Devillé Anne 
Published: February 2015

The Entrante of the Magistrates' Union into the French legal Field in 1968.
Created in 1968, the Magistrates' Union has played an important part within the French legal changes wnose main conséquences it perceived accurately. The union was also the product of several transformations in the social and professional field from which it took benefit. Lastly, the Magistrates' Union was a response to changes in the judiciary which both enclosed the social actors into a System of constraints and offered then new opportunities for action. In this perspective, the author has studied the characteristics of the first members of the Magistrates' Union and their reasons to enrol at the very time when they were serving in courts and at the Ministry of Justice.
La carte géographique des cas de divorce à travers les statistiques judiciaires
Authors: Rondeau-Rivier Marie-Claire 
Published: February 2015

The Geographical Mapping of Divorce Cases as represented through Judicial Statistics.
In presenting the geographical distribution of divorce cases in France, the author wishes to show the implications of procedural rules and the existence of judicial practices which vary greatly from one court to another. The distortions observed illustrate the limited control exercised by married couples over a type of legal procedure which is managed by legal practitioners as though they were dealing with mass litigation. The explanation of the geographical mapping of divorce lies in the sociological analysis of the Bar rather than of the family.
Quand le Code civil interdit le mariage et marie les défunts
Authors: Biégelmann-Massari Michèle 
Published: February 2015

When the French Civil Code forbids marriage and marries the deceased.
Individuals have always structured the network within which they may identify their potential spouses. Some marriages are positively encouraged, others authorized, and certain forbidden. While the marriage rate throughout Western countries is declining, one may question the reasons behind a certain aspiration towards matrimonial status, a status otherwise normally challenged by common practice. All the more intriguing is the fact that since the beginning of the XIXth Century, requests for exemption for marriages between blood relations or persons related through marriage have fallen sharply, whereas a slight increase in requests for posthumous marriages (a practice specific to France) has occured. The study of requests concerning civil exemptions for marriage provides insight into the reasons underlying the contemporary loss of interest in marriage.
La double vie de la médiation
Authors: Faget Jacques 
Published: February 2015

The Two lives of Mediation.
France is currently the scene of a powerful process of institutionalization of mediation. Its flexibility and the increasingly ordered nature of community mediation could lead us to believe it is an osmotic movement between two functionally complementary models. But it is nothing of the kind. Analysis of the tensions between the two lives of médiation reveals the existence of an ideological conflict which has dynamic effects on society and on the judiciary System.
Des « passe-droits » aux passes du droit. La mise en œuvre socio-juridique de l'action publique
Authors: Lascoumes Pierre , Le Bourhis Jean-Pierre 
Published: February 2015

From Illegitimate Favours to Legal Channels : The Socio-Juridic Implementation of Public Policies.
The question of the law, its role and its effects on public policies, has been widely discussed. Pierre Bourdieu participated in this debate with an article in which he introduces the concept of « illegitimate favour » (« passe-droit »). He designs a scheme for the analysis of public policies according to « territorial areas ». Relevant issues are presented. The authors raise two points overlooked by sociologist thinking that concentrates mainly on the specific use that public officers make of the regulation, neglecting the content and the effects of the rule itself. The first point challenges the unique rule model and considers the existence of legal « channels » open to all the participants. The second point questions the monopoly that the State and Public Administration enjoy in the interpretation and implementation of the rules. In fact, they interact with other public and private actors vvho use these legal rules and the channels lying hidden within them, with more or less success, according to their ability.
Enfants corrigés, enfants protégés. Genèse de la protection de l'enfance en Belgique, en France et aux Pays-Bas (1820-1914)
Authors: Dupont-Bouchat Marie-Sylvie 
Published: February 2015

From Punishment to the Protection of Children : A Comparative Study on the Emergence of Policies on the Protection of Children in Belgium, France and the Netherlands (1820-1914).
This report is a short summary of a study carried out in 1993-1994 by a multidisciplinary and international team of historians, legal experts, and criminologists from Belgium, France, the Netherlands and Québec. The study is divided into two periods : 1820-1880, and 1880-1914. The first period saw the emergence of the concern towards disadvantaged children (« l'enfance malheureuse »), everywhere in Europe and North America. This concern mainly stems from private charities and philanthropists. In the years 1870 to 1880, we can observe a change in the attitude of the State towards children, family, poverty, and criminality. The fear of subsequent offence (recidive) and the social question forced the State to intervene. The second period saw drastic transformations in ideology, strategy, and policies towards children in all industrial countries through the intervention of the State and its first legislations in these fields.
Délinquances juvéniles et régulations institutionnelles
Authors: Carra Cécile 
Published: February 2015

Juvenile Delinquency and Institutional Regulations.
The term « juvenile delinquency » may be used to describe all illegal or antisocial acts committed by children or adolescents under the age of majority. It is therefore a pure question of statistics. For the sociologist, however, it is seen as a complex and socially constructed phenomenon, a subject derived from intellectual and ideological categories. Using the life histories of two young offenders, the author shows how juvenile delinquency may also be defined as the perverse outcome of the workings of institutional regulations that are supposed to address the problem.
La technique au cœur du brevet : un concept social évolutif
Authors: Pitois Thierry , Vivant Michel 
Published: February 2015

Notion of Technique Central to the Patent : A Changing Social Concept.
The European Patents Office states that an invention is a technique. Logically, therefore, the following question arises : what is, or are, techniques ? Everything is said to be, according to Braudel. Nevertheless, not all techniques are able to be patented. Nor is everything equally technical in relation to time and place. Going beyond the most obvious, it can readily be seen that, even staying within the domain of Europe where the idea of the patent was born, it is evident that the notion of technique applied to a mechanical model. The patent goes hand in hand with mechanisation. But bio-technology, just as the computer sciences, sits less and less comfortably within the définition. Energy, « physical entity... », the points of reference are moving. Finally, it must be admitted that if the domain of the patent is that of technique, the domain of technique is perhaps not what it was. However, it must not be over-looked that technique, like law, is also a reflection of society... which is not necessarily a reflection of the « scholars or scientists ».
Une nouvelle sociologie du droit ? Autour de Das Recht der Gesellschaft de Niklas Luhmann
Authors: Clam Jean 
Published: February 2015

Niklas Luhmann's Das Recht der Gesellschaft : A New Sociology of Law ?
This article is a critical study of the latest work of Niklas Luhmann on law. It combines two efforts : a presentation of the work which concentrates on the theses of its various parts (sociological observation, function, coding and opening of law, justice, evolution, juridical argumentation, the relationship of law to politics, economy and psychic individuality) and tries to situate them within the evolution of Luhmann's work ; an inquiry to find out if systemism is able to deliver a sociology which can be exposed and develop in a systematic way on the one hand, and to suggest applied sociologies (of power, economy, law...) on the other, which would not be drowned by the abstraction of systemist conceptuality.
L'indépendance du ministère public et le principe de la responsabilité en Italie : l'analyse d'un cas déviant d'un point de vue comparé
Authors: Di Federico Giuseppe 
Published: February 2015

Prosecutorial Independence and the Democratic Requirement of Accountability in Italy : Analysis of a Deviant Case in a Comparative Perspective.
This article deals with the role of public prosecution and the necessity of combining at the operational level two functional needs that are difficult to balance : a) to insure prosecutorial independence ; b) to insure that prosecutorial discretion be subject to the democratic principle of accountability. While a trend to redress the balance in favor of prosecutorial independence seems to gain momentum in several countries, the author uses the Italian case to suggest that the need for prosecutorial accountability be anyway protected. In particular he shows that Italy by totally ignoring the need to render prosecutorial discretion accountable has de facto delegated to a totally independent prosecutor the definition of a good part of its criminal policies. The manifold dysfunctional consequences for the efficient repression of criminal phenomena and for the effective and equal protection of civil rights are outlined.
La sharîʻa moderne en quête de droit : raison transcendante, métanorme publique et système juridique
Authors: Salvatore Armando 
Published: February 2015

Modem Shari'a in Search of Law : Transcendent Reason, Public Metanorm, and the Legal System.
This article examines the process of redefinition of shari'a as a metanorm of public life in Egypt. The investigation suggests that shari'a's increasing integration in the state's System of law does not exhaust the differentiating range of its (meta)normativity. Ranging from moral appeals to discipline the subject to constitutional daims about the primacy of divine norm, this normativity is neither in conflict with modern concepts of citizenship and legality, nor can be reduced to a tool for indigenising modem legal rationalities. Shari'a's normativity reflects rather a view of the transcendent thinking that grounds a religious model of Personal virtue. This normativity contributes to the reconstruction of catalogues of obligations and rights in a way that often bypasses the legal System, fosters the disciplinary authority of religious-legal personnel and resists a complete and systematic integration into the legal order of the state. In the process, shari'a keeps its impetus as a reservoir of normativity more than as an alternative legal order.
Cell proliferation control by Notch signalling during imaginal discs development in Drosophila
Authors: Estella Carlos , Baonza Antonio 
Published: February 2015

AbstractThe Notch signalling pathway is evolutionary conserved and participates in numerous developmental processes, including the control of cell proliferation. However, Notch signalling can promote or restrain cell division depending on the developmental context, as has been observed in human cancer where Notch can function as a tumor suppressor or an oncogene. Thus, the outcome of Notch signalling can be influenced by the cross-talk between Notch and other signalling pathways. The use of model organisms such as Drosophila has been proven to be very valuable to understand the developmental role of the Notch pathway in different tissues and its relationship with other signalling pathways during cell proliferation control. Here we review recent studies in Drosophila that shed light in the developmental control of cell proliferation by the Notch pathway in different contexts such as the eye, wing and leg imaginal discs. We also discuss the autonomous and non-autonomous effects of the Notch pathway on cell proliferation and its interactions with different signalling pathways.
Range of Motion as a Predictor of Clinical Shoulder Pain During Recovery From Delayed-Onset Muscle Soreness
Authors: Larkin-Kaiser Kelly A. , Parr Jeffrey J. , Borsa Paul A. , George Steven Z. 
Published: February 2015

Context:
Athletic trainers use clinical pain and range of motion (ROM) to gauge recovery after musculoskeletal injury. Limited evidence to date suggests which shoulder ROM measures can predict symptomatic relief and functional recovery after delayed-onset muscle soreness (DOMS).

Objective:
To determine whether shoulder passive internal rotation, passive external rotation, active abduction, and active flexion and evoked pain with abduction are associated with resting pain experienced after exercise-induced DOMS.

Design:
Descriptive laboratory study.

Setting:
Controlled research laboratory.

Patients or Other Participants:
A total of 110 healthy, right-hand–dominant participants (44 men: age = 25.39 ± 7.00 years, height = 178.93 ± 7.01 cm, weight = 78.59 ± 14.04 kg; 66 women: age = 22.98 ± 6.11 years, height = 164.64 ± 6.94 cm, weight = 61.86 ± 11.67 kg).

Intervention(s):
Participants completed an exercise-induced DOMS protocol for the external rotators of the dominant shoulder to replicate muscle injury.

Main Outcome Measure(s):
Current resting pain was assessed daily for 96 hours using the Brief Pain Inventory. We evaluated functional recovery with measures of ROM in abduction, internal rotation, external rotation, and flexion. Evoked pain with active abduction was reported, and the pain rating served as the dependent variable in the regression model.

Results:
Impairment measures explained resting pain at 48 (R2 = 0.392) and 96 hours (R2 = 0.164). Abduction and internal-rotation ROM and evoked pain with abduction predicted resting pain at 48 hours (P &lt; .001). At 96 hours, evoked pain with abduction of the injured arm (P &lt; .001) was the significant contributor to resting pain.

Conclusions:
These models suggest that resting pain after experimentally induced DOMS occurs at 48 hours and is associated with specific ranges of motion and evoked pain with abduction.
Blood Flow After Exercise-Induced Muscle Damage
Authors: Selkow Noelle M. , Herman Daniel C. , Liu Zhenqi , Hertel Jay , Hart Joseph M. , Saliba Susan A. 
Published: February 2015

Context
The most common modality used to address acute inflammation is cryotherapy. Whereas pain decreases with cryotherapy, evidence that changes occur in perfusion of skeletal muscle is limited. We do not know whether ice attenuates the increases in perfusion associated with acute inflammation.

Objective
To examine the effects of repeated applications of ice bags on perfusion of the gastrocnemius muscle after an eccentric exercise protocol.

Design
Controlled laboratory study.

Setting
Laboratory.

Patients or Other Participants
Eighteen healthy participants (3 men, 15 women; age = 22.2 ± 2.2 years, height = 166.0 ± 11.9 cm, mass = 69.4 ± 25.0 kg).

Intervention(s)
To induce eccentric muscle damage, participants performed 100 unilateral heel-lowering exercises off a step to the beat of a metronome. A randomized intervention (cryotherapy, sham, control) was applied to the exercised lower extremity immediately after the protocol and again at 10, 24, and 34 hours after the protocol.

Main Outcome Measure(s)
Baseline perfusion measurements (blood volume, blood flow, and blood flow velocity) were taken using contrast-enhanced ultrasound of the exercised leg. Perfusion was reassessed after the first intervention and 48 hours after the protocol as percentage change scores. Pain was measured with a visual analog scale at baseline and at 10, 24, 34, and 48 hours after the protocol. Separate repeated-measures analyses of variance were used to assess each dependent variable.

Results
We found no interactions among interventions for microvascular perfusion. Blood volume and blood flow, however, increased in all conditions at 48 hours after exercise (P &lt; .001), and blood flow velocity decreased postintervention from baseline (P = .041). We found a time-by-intervention interaction for pain (P = .009). Visual analog scale scores were lower for the cryotherapy group than for the control group at 34 and 48 hours after exercise.

Conclusions
Whereas eccentric muscle damage resulted in increased blood flow, ice did not decrease muscle perfusion 48 hours after exercise. Therefore, ice does not seem to decrease muscle perfusion when blood flow is elevated, as it would be during inflammation.
Dorsiflexion, Plantar-Flexion, and Neutral Ankle Positions During Passive Resistance Assessments of the Posterior Hip and Thigh Muscles
Authors: Palmer Ty B. , Akehi Kazuma , Thiele Ryan M. , Smith Douglas B. , Warren Aric J. , Thompson Brennan J. 
Published: February 2015

Context
Passive straight-legged–raise (SLR) assessments have been performed with the ankle fixed in dorsiflexion (DF), plantar-flexion (PF), or neutral (NTRL) position. However, it is unclear whether ankle position contributes to differences in the passive resistance measured during an SLR assessment.

Objective
To examine the influence of ankle position during an SLR on the passive torque, range of motion (ROM), and hamstrings electromyographic (EMG) responses to passive stretch of the posterior hip and thigh muscles.

Design
Crossover study.

Setting
Research laboratory.

Patients or Other Participants
A total of 13 healthy volunteers (5 men: age = 24 ± 3 years, height = 178 ± 6 cm, mass = 85 ± 10 kg; 8 women: age = 21 ± 1 years, height = 163 ± 8 cm, mass = 60 ± 6 kg).

Intervention(s)
Participants performed 6 randomly ordered passive SLR assessments involving 2 assessments at each condition, which included the ankle positioned in DF, PF, and NTRL. All SLRs were performed using an isokinetic dynamometer programmed in passive mode to move the limb toward the head at 5°/s.

Main Outcome Measure(s)
During each SLR, maximal ROM was determined as the point of discomfort but not pain, as indicated by the participant. Passive torque and EMG amplitude were determined at 4 common joint angles (θ) separated by 5° during the final common 15° of ROM for each participant.

Results
Passive torque was greater for the DF condition than the NTRL (P = .008) and PF (P = .03) conditions at θ3 and greater for the DF than NTRL condition (P = .02) at θ4. Maximal ROM was lower for the DF condition than the NTRL (P = .003) and PF (P &lt; .001) conditions. However, we found no differences among conditions for EMG amplitude (P = .86).

Conclusions
These findings suggest that performing SLRs with the ankle positioned in DF may elicit greater passive torque and lower ROM than SLRs with the ankle positioned in PF or NTRL. The greater passive torque and lower ROM induced by the DF condition possibly were due to increased tension in the neural structures of the proximal thigh.
Unilateral Ulceration of the Cornea Secondary to Congenital Trigeminal Nerve Agenesis
Authors: Ohana Mickaël , Lipsker Dan , Chaigne Denys , Speeg-Schatz Claude , Sauer Arnaud 
Published: February 2015

Purpose To report a case of unilateral ulceration of the cornea secondary to congenital trigeminal nerve agenesis. Methods Case report. Results We report the case of a 7-month-old boy referred to our department for left infectious keratitis. An impassive reaction to eyedrops and bandage contact lenses was noted during the follow-up examinations and corneal sensitivity remained negative. Mouth ulcers and self-injury in the left nostril were detected during these follow-up consultations. These symptoms were secondary to self-mutilation and associated with anesthesia in the distribution of all divisions of the left trigeminal nerve. Congenital trigeminal nerve agenesis was confirmed by magnetic resonance imaging slices at age 2. Conclusions Magnetic resonance imaging can confirm congenital nerve agenesis, a cause of childhood neurotrophic keratitis. Radiologic confirmation of agenesis allows elimination of other diagnoses.