Documents found
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2151.More information
The true nature of the law of civil procedure in Québec sparks controversy both at the semantic and conceptual levels, be it from a doctrinal or jurisprudential point of view. The evolution of the law, the paradigm shifts within it, and the recent reforms to civil procedure in particular—effectuated by the adoption of a new Code of civil procedure—present an opportunity to reflect on its filiation.This article will explore the resurgence of Québec civil procedure's Romano-Germanic filiation by analyzing the historical development of the province's law and the reforms it has undergone. On the one hand, the founding of New France explains the direct line between its law and the Romano-Germanic legal family. On the other hand, Britain's conquest of New France explains the long dominance of common law principles in Québec civil procedure. Nevertheless, the long march toward the affirmation of its specific filiation began on the very heels of this conquest. Québec civil procedure's most recent reforms—notably the adoption of the new Code of civil procedure—suggest a resurgence of its Romano-Germanic filiation, beyond the law's generally-recognized mixity. Indeed, the new Code of civil procedure seems to enshrine autonomy, strong ties and an attachment to the civil law tradition and the Romano-Germanic filiation of the law of civil procedure in Québec.
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2152.More information
In this article, we propose to understand Occupy Wall Street's political rationality as a protest against a situation of indebtedness that constitutes today an “existential condition” for a majority of Americans, and as an attempt at building bonds of solidarity between debtors by highlighting the structural and collective dimension of this shared condition. We thus analyze the discourse and strategies of a militant group born out of the OWS sphere: Strike Debt. By intervening at the level of affects and representations that sustain the legitimation of debts, its action aims at transforming default into a political gesture capable of toppling the power of the financial industry.
Keywords: mouvements sociaux, Occupy Wall Street, rationalité politique, endettement, financiarisation, néolibéralisme, résistance, Strike Debt, social movements, Occupy Wall Street, political rationality, debt, financialization, neoliberalism, resistance, Strike Debt
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2153.More information
We describe as orthodox all kinds of logic which absolutely are based on the Aristotelian axiomatics and the principle of bivalence. The orthodox logics give rise to a mode of reasoning which rejects contradiction and in which any concept is strictly and discretely distinguishable from any other concept.A way of thinking presented as an alternative to analytics is dialectics. The latter admits contradiction as a fundamental principle. In line with dialectics, logical systems integrate contradiction. They are the neo-orthodox logics consisting of the set of non-trivial, weakened and paraconsistent logics.With regard to phenomenon perceived as complex changing in time and space, we call into question the strictly absolute character of identity and accept contradiction. We propose three basic principles to establish the logic of complexity: the principles of sameness, differentiality, and relationality. They do not exclude the Aristotelian axiomatics, but only recognize its relevance at a certain level of abstraction. Furthermore, we sketch out a model of statement differentiation according to truth values.
Keywords: Analytique, complexité, contradiction, dialectique, identité, logique, non-trivialité, Analytics, Complexity, Contradiction, Dialectics, Identity, Logic, Non-Triviality
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2154.More information
This article examines recent moves to Indigeneity among French-descendant peoples, notably Franco-Quebeckers in Quebec and Acadians in Nova Scotia, and argues that current claims to métissage are deeply rooted in white settler-colonial notions of race and Indigeneity. In examining the evocation of métissage, this article identifies its ubiquity in a variety of documentary forms. In combatting such representations, it first argues that French policy in New France was primarily an attempt at “Frenchification.” In other words, French colonists sought to assimilate Indigenous peoples rather than produce a culturally hybrid society with a deeply Indigenous way of life. With insufficient evidence of a historical métissage at the origins of Quebec and Acadia, the article then analyzes organizational arguments supporting the presence of a distinct “Eastern métis” people.
Keywords: auto-autochtonisation, métis de l'est, Nation Métisse, métis autodéclaré, mythologie du métissage, self-indigenization, Eastern métis, Métis peoplehood, self-identified métis, mythology of métissage
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2155.More information
The Algonquian notion of Manitu has confused anthropologists since its first mention within the discipline. Throughout these debates, manitu has been understood as a class of entities, a diffuse power present everywhere in nature or even as a more general notion than the sacred, in short in essentially magico-religious terms. On the contrary, manitu appears to us as an encompassing concept that animates and establishes the coherence of Algonquian cosmologies that we propose to conceive as an ultimate meta-rule. We put forward that the notion of manitu warrants analysis jointly with that of master-entity. These two notions are at the foundation of Algonquian juridicity as they express the idea of a power that is the cause of itself and that regulates the relations of human beings with other beings in the cosmos.
Keywords: Premières Nations algonquiennes, pouvoir, territoire, droit, juridicité, Manitu, entités-maîtres, Sylvie Vincent, Algonquians, power, territory, juridicity, manitu, master-entities, Sylvie Vincent, Primeras Naciones Algonquinas, poder, territorio, derecho, juridicidad, Manitu, entidad-maestra, Sylvie Vincent
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2156.More information
Under the cosmopolitical proposal – focused on possible articulations between divergent worlds or ontologies – this paper aims to analyze the Mapuche- Tehuelche parliament or Futa Trawün as an instance of production, transmission and socialization (ngulantuwün) of knowledge ontologies. In 2002, the indigenous communities and organizations of the province of Chubut (Patagonia, Argentina) decided to resume this ancestral practice in opposition to the private property and mining on their territories. Our interest in these political meetings lies, on the one hand, on the fact that its very existence has been defined from an epistemology understood as Mapuche Tehuelche and, on the other, in the way that the knowledge ontology is renewed as a political practice. Therefore, we consider that the Futa Trawün is an interesting starting point to carry out a situated reflection around the relationship between the political and other epistemic forms of understanding politics.
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2157.More information
Beginning with the deployment of the United Nations Stabilization Mission in Haiti in 2004, Canada has presented itself as a key partner for Haiti's security sector reform. Canada's intervention has been significant and has certainly contributed to the progress made to this point, notably in the case of Canada's involvement with the Haitian National Police Reform Plan. Canadian efforts have nonetheless been hampered by the overemphasis on the technical aspects of police reform, the absence of a clear intervention strategy, the 2010 reconfiguration of Canada's international aid priorities, and uncertainty about the United Nations' future presence in Haiti. Canada needs a new strategy for Haiti if it is to consolidate progress and avoid repeating the mistakes of the past.
Keywords: Réforme du secteur de la sécurité, intervention internationale, police, Haïti, Canada, security sector reform, international intervention, police, Haiti, Canada, Reforma del sector de la seguridad, intervención internacional, policía, Haití, Canadá
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2158.More information
Looking at the case of the Citizen participation committees (COPACI), implemented in 1996 by the Democratic Revolutionary Party (PRD) of Nezahualcóyotl (state of Mexico), this article investigates the relationship between the existence of formal citizen participation mechanisms and the nature of state-society relationships in the Mexican democratization context. It demonstrates s that, contrary to certain assumptions of the participatory democracy literature, the existence of a de facto and direct relationship between participatory institutional innovation and democratization is, in fact, problematic. As the case of Nezahualcóyotl shows, if the implementation of institutional mechanisms fostering citizen participation can be a condition underlying the revitalization of civil society and of its relationship with the local political power, it is not sufficient to sustain democratic practices. The qualitative analysis of mobilization patterns and of the nature of citizen participation within the COPACIs proves that, contrary to the PRD's official view, their impact on state-society relationships, and more largely on the quality of the municipal governance process, is limited. In theory, the COPACIs were supposed to allow the development of collective actors participating in an autonomous way to the municipal governance process and, as such, become the vehicles for further democratization. Experience shows, however, that these committees have rather been informally used by the political parties and their allies as social control tools, contributing to foster and reinvent clientelistic and antidemocratic practices.
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2159.More information
Chinese capitalist development has highlighted the importance of the mobilization of young workers subjected to a disciplinary work regime in export industries integrated into the world market, the dagongmei. The author proposes a socio-historical analysis of the female workforce in which he suggests the economic importance of the appropriation of women's bodies for Chinese families, he deduces that historically constituted sex relationships link the former sexual division of labor in Imperial China with the labor's mode of regulation found in the special economic zones nowadays. As these sex relations are found at the very heart of capitalism, the author concludes that it is necessary to conceive capitalism and sexage on the same ontological level, that of social practices.
Keywords: capitalisme, colette guillaumin, consubstantialité, Chine, intersectionnalité
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2160.More information
The confinement of populations decided to deal with Covid-19 has caused an economic crisis whose effects are not fully known. Indeed, if the crisis can cause threats, it can also generate opportunities. Also, the objective of this research is to study the impact of the Covid-19 crisis on the informal sector in Africa. The results of a survey of 164 entrepreneurs in Cameroon show that the crisis has a positive impact on the creation of informal businesses and has encouraged the adoption of informal practices by formal businesses. Moreover, while in most countries, as in previous crises, government stimulus measures are based mainly on the formal sector, public management of the pandemic in Cameroon is marked by support and support measures. Support for the informal sector, but also through greater tolerance of these activities and practices. However, while this attention is surprising and appreciable, given its weight in the economy, the fact remains that no country can achieve the desired development by relying solely on informal activities. In this sense, the dynamic of informalization observed should worry and challenge the public authorities.
Keywords: Covid-19, Crise économique, Secteur informel, Opportunité, Menace, Covid-19, Economic crisis, Informal sector, Opportunity, Threat, Covid-19, Crisis económica, Sector informal, Oportunidad, Amenaza