Documents found

  1. 2941.

    Other published in Urban History Review (scholarly, collection Érudit)

    Volume 11, Issue 1, 1982

    Digital publication year: 2013

  2. 2942.

    Article published in Vie des arts (cultural, collection Érudit)

    Volume 48, Issue 190, 2003

    Digital publication year: 2010

  3. 2943.

    Other published in Les Cahiers des dix (scholarly, collection Érudit)

    Issue 70, 2016

    Digital publication year: 2017

  4. 2944.

    Article published in Drogues, santé et société (scholarly, collection Érudit)

    Volume 18, Issue 1, 2020

    Digital publication year: 2020

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    This article examine whether the choice of decriminalizing the possession for personal use of illicit drugs adopted by several countries has led to less use of criminal sanctions against the users and more care for problematic users, considering the influence of the political, social, economic, legal and judicial context of the country in which this choice was made. This will allow us to identify the elements that can increase or decrease the benefits of this legal choice.To this end, we will first present the theoretical foundations for examining this choice and the methodological criteria which have resulted in the choice of the countries which are the subject of our review. Subsequently, we will present the European countries that have chosen this policy and examine their legal translation and the contextual elements that have come to modulate the implementation. We will do the same with the countries of Latin America that have made this choice, showing the specificity of their situation. We conclude by presenting the main points that emerges from this overview on the contextual elements that come to modulate the benefits and the harms of this choice. This will make it possible to identify the elements necessary for a policy of decriminalizing the possession of drugs for personal use to constitute a step towards a policy on drugs in public health where the criminal sanctions are a last resort.

    Keywords: Décriminalisation, drogues, possession simple, Decriminalisation, drugs, drug possession

  5. 2945.

    Larivée, Serge and Coulombe, Éric

    La psychanalyse ne résiste pas a l'analyse

    Article published in Revue de psychoéducation (scholarly, collection Érudit)

    Volume 42, Issue 1, 2013

    Digital publication year: 2019

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    The text analyzes the foundations, development, and current state of psychoanalysis, and formulates a critical response to its current proponents. The first section of the text stresses the importance of two elements: the analysis of 31 cases documented by Freud, underlining the inefficacy of his approach, and Freud's own acknowledgment of his literary vocation. The second section demonstrates that the dogmatic character of early psychoanalysis continues to prevail in certain milieus today. After describing how dogmatism ended Piaget's career as a psychoanalyst, this section argues that submission to authority (a central characteristic of dogmatism) permeates the field of psychoanalysis and that its founding case – that of Anna O. – rests on dogma and fabrication. Drawing on examples from the works of Lacan, Dolto, and Bettelheim, as well as from current practice, the third section formulates a response to arguments that psychoanalysis has evolved, raising doubts about whether such is really the case. Based on the analysis, the fourth and final section concludes that attempts by psychoanalysts to bring the central current of neuropsychology back under their sway are ill-founded.

    Keywords: histoire de la psychanalyse, dogmatisme, critique, neuropsychanalyse, history of psychoanalysis, dogmatism, critique, neuro-psychoanalysis

  6. 2946.

    Monneveux, Philippe and Almeida, Oleg

    Un siècle de poésie brésilienne

    Article published in Sens public (scholarly, collection Érudit)

    2019

    Digital publication year: 2020

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    The article presents a retrospective of the Brazilian poetry along the last century. The main characteristics of the poetic movements that followed each other until 1964 (modernism, postmodernism, generation 45, and the avant-garde and popular poetry movements of the post-war period) are described and connected with the socio-politic context, and the main authors are presented. The progressive development of the poetic creation out of the big cities of the South, in particular in the Nordeste, is highlighted. The various forms of poetic expression during the military dictatorship (1964-1985) (the poema/processo movement, the marginal poetry, the catequese poética movement, and some “independent” poets) are then evoked. The various forms and styles in which poetry is expressed in the aftermath of the dictatorship are described, with emphasis on the poetry written by women and discriminated or exploited minorities (Black people, homosexuals, inhabitants of the favelas). Lastly, the repente and the cordel literature, popular poetic forms still very much alive today, are mentioned, as well as the poetry in indigenous languages, which is gradually beginning to develop and become better known. In conclusion, we analyse the major characteristics of the Brazilian contemporary poetry. The essay is completed by a selection of texts of twelve contemporary Brazilian poets, translated into French.

    Keywords: modernisme, postmodernisme, génération 45, concrétisme, néo-concrétisme, tendência, praxis, violão de rua, poema/processo, poésie marginale, catequese poética, repente, modernism, postmodernism, generation 45, concretism, neo-concretism, tendência, praxis, violão de rua, poema/processo, marginal poetry, catequese poética, repente

  7. 2947.

    Article published in Revue générale de droit (scholarly, collection Érudit)

    Volume 46, Issue 2, 2016

    Digital publication year: 2017

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    This paper addresses the tension between the traditionally dualist or ‘territorial' take on division of powers, on the one hand, and a more functional conception of federalism, on the other hand, and the place of cooperative federalism within that structure. Part 1 will briefly address these two contrasted visions of Canadian federalism, by focusing on the writings of two former Supreme Court Justices, Jean Beetz and Bora Laskin. In particular, this Part will highlight how each author considered the potential, and limitations, of cooperative federalism. Part 2 will draw a portrait of cooperative federalism in Canada, by looking at both judicial cooperative federalism, at play when courts tone down the effect of rigid constitutional law doctrines, and executive cooperative federalism, which inspires Courts' deference when integrated or interlocked cooperative regimes are challenged. Finally, the last part of this paper will take the securities regulation debate as a focal point for considering the past, and potential, role of cooperative federalism in the second round of litigation which is just starting.

    Keywords: Fédéralisme, coopération, dualisme, territorialité, fonctionnalité, valeurs mobilières, Federalism, co-operation, dualism, territoriality, functionality, securities regulation

  8. 2948.

    Article published in Revue québécoise de droit international (scholarly, collection Érudit)

    Volume 22, Issue 1, 2009

    Digital publication year: 2020

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    Domestic courts in Africa are increasingly in contact with international law, which marks a significant step towards the effective application of international law in the domestic legal order of African States. International law is generally used to support a claim in an appeal, as a means of defense or support for an action or reaction, or as a reason for the judges themselves to motivate their decisions. However, aware of their lack of sufficient knowledge about the intricacies of international law, the domestic judges usually avoid commenting on the means of international law invoked by either party at the trial. When reviewing international law domestic judges almost automatically verify the conditions in which international law applies to the domestic substantive law regardless of its nature. In addition, these judges perform a biased interpretation of international law based on the clause of reciprocity included in almost all the constitutions in question and particularly when taking into account the specificities of the domestic legal order for which they are the first guarantors.

  9. 2949.

    Article published in Revue québécoise de droit international (scholarly, collection Érudit)

    Volume 26, Issue 1, 2013

    Digital publication year: 2020

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    UN human rights mechanisms and their impact on the protection and promotion of human rights are still a concern to the actors of the international community. While the June 2002 report of the High Commissioner Pillay acknowledges the strengthening process of the monitoring of human rights treaty bodies (Dublin process), they try to combine the diversity and complementarity of such mechanisms through national and international coordination. What strategies are pushed for in this purpose and what are their limits with regards to their impact on intergovernmentalism and the takeover of the reform by national actors? Using the fragmentation of international law as a framework, this article analyses the measures considered in the report as strategies developed to cope with the UN mechanisms and standards, to analysis of the measures considered in the above as rationalization strategies to cope with the variety of UN human rights standards and monitoring mechanisms. Bearing in mind the importance of a "constructive dialogue" with the states, on one hand, and the states' influence in the implementation of the reform, on the other hand, the author intends to show that this rationalization is intended to bring limited coherence to ensure a normative and organic complementarity, which would partially solve the system's issues. Moreover, the implementation of this reform on the national level — especially for states that are considered "fragile" — depends on the will of the state actors. On top of an exemplary — but hard to attain — political will from states joining the treaty bodies in their support of the reform, such action requires transversal action, therefore complicating the task.

  10. 2950.

    Article published in Revue québécoise de droit international (scholarly, collection Érudit)

    Volume 24, Issue 1, 2011

    Digital publication year: 2020

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    The objective of this article is to examine how international law spreads, promotes and seeks to universalize one conception of childhood: a Western and hegemonic conception of childhood. The issue of child labor appears to be the best illustration for a critique of this homogenization and the monopolization of the discourses on children for the economic, political and ideological interests of Western states. Therefore, this study will focus on the deconstruction of the rights of the child, the international norms and political discourses held by international organizations related to child labor. Inspired by the pioneering studies conducted in the field of human and social sciences which denounced the universalization of the Western model of childhood, this article intends to do the same within the field of legal science. This research concludes with a study of the claims of Third World working children movements based on the language of law and will reflect on children's right to participate as an alternative to the hegemonic Western conception of childhood promoted by international law.