Documents found
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3213.More information
AbstractIf there is one idea, which keeps coming up in political philosophy, as in law and political science, and even in everyday parlance, it is that of the Rule of Law (État de droit, Rechtsstaat). It is all the more striking that the meaning attributed to this expression shifts like the desert sand according to the individual whim of the exponent of one creed or another. Given that the concept of a Rule of Law is a fortiori a legal one, it is incumbent on the theory of law to offer a definition. Now is the moment to consider the epistemological conditions pertaining to that discipline whose scientific credentials were brought into question when the jurist Hans Kelsen tried to establish the foundations. The project of this contribution is to derive the definition of the concept of Rule of Law from explicit and restricted iusnaturalists premises. The originality of the normative definition lies in its very derivation — the resultant notional content is the rigorous development of the regime that Locke, for example, described in his Second Treatise on Civil Government. The originality of the institutional definition is stronger, because of its setting in relation to the normative aspect. The Rule of Law is defined as a normative and institutional format, and as an instrument of realization of the value of individual liberty, known as negative. Also examined are the relations of the Rule of Law and democracy, instrument of collective autonomy or “positive liberty.”
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3214.More information
SummaryThere exists a culture of sociology, created in the period 1945-1970, and based on three simple axioms, derived respectively from Durkheim, Marx, and Weber. This culture has been subject in the last 25 years to six major challenges coming from within and without the cultural community: doubts about the concept of formal rationality; a civilizational challenge; the concept of multiple social times; the sciences of complexity and the end of certainties; gender as a structuring variable even in the sciences; and the view that modernity has never existed. Can sociology deal adequately with these challenges?
Keywords: culture de la sociologie, faits sociaux, conflit social, légitimation, rationalité, civilisation, temporalités sociales, sciences de la complexité, sexe, modernité, culture of sociology, social facts, social conflict, legitimation, rationality, civilization, social times, sciences of complexity, gender, modernity, cultura sociológica, hechos sociales, conflicto social, legitimidad, racionalidad, civilización, temporalidades sociales, ciencias de la complejidad, género, modernidad
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3216.More information
The dynamics of terrorism seem to follow a double track evolution. On the one hand, terrorism presents at the beginning a strong ideological component, particularly in the case of left-wings oriented terrorism. As events unfurl, terrorism drifts further apart from its original objectives. In the final stage, the ideological component relate almost exclusively to the ideology of violence for its own sake. On the other hand, the state ideological commitment to the preservation of the state creates a process whereby terrorism movements are being increasingly « marginalized ». The state administrative legal and political functions bring about a process through which terrorists, henceforth, are perceived as criminals. The case of the Red Brigades in Italy is used to illustrate this double track process.
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3217.
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3218.More information
Reading the pages of the 19th century legal treatise written by Charles Aubry (1803-1882) and Frédéric-Charles Rau (1803-1877) on the patrimony has been, for generations, a rite of passage in French legal education. The theory of the patrimony has aptly been described as fundamental for French private law and the account given by Aubry and Rau, however distant it may be from the law in force, should be read by anyone who seeks to understand the French legal mind. Drawing on the English-language civilian vocabulary that is part of Quebec legal culture, the author offers a translation of this text by Aubry and Rau with some commentary on its canonical status in French legal letters. Even in its translated form, it offers a means for the English-speaking reader to encounter a tradition of abstract rationality in legal scholarship that is part of France's legal "heritage" (itself a French patrimoine but in another sense).
Keywords: Property, patrimony, legal scholarship, French law, legal translation, Biens, patrimoine, doctrine juridique, droit français, traduction juridique
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3219.
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3220.More information
Keywords: Décision, développement durable, gouvernement, institutions, rationalité politique