Dissertations / Theses on the topic 'États-Unis. Department of justice'
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Loizeau, Éric. "Le Wisconsin et ses prisons : entre resocialisation et enfermement." Thesis, Aix-Marseille 1, 2011. http://www.theses.fr/2011AIX10058/document.
This work examines the development of the modern prison in the United States focusing on the state of Wisconsin because of certain unique specificities. While the Wisconsin Department of Corrections has traditionally attracted little interest but we will present some evidence that its case is indeed significant in the context of the prison boom of the 1980s and 1990s. Politically, for many years, the state had been known as the «laboratory» for democracy. However, mostly because of political reasons mostly, increasingly severe measures were ratified in the mid seventies which overturned previous correctional policies and gave a new direction to penal philosophies in the state. The Wisconsin Approach to corrections would gradually disappear and the state became one of the first to implement out-of-state incarceration. The Department of Corrections (DOC) experienced one of the highest national rates of incarceration for many years, being, in the field of criminal policies, at the forefront of the conservative revolution starting in the 1970s. We will analyze the development of the DOC and see how this trend has affected the institutions and the concept of democracy at the heart of the commonwealth in Wisconsin. This work relies on official documents and on the letters of prisoners the author has received for many years, revealing a firsthand account of the reality of prisons today in Wisconsin. Thanks to these narratives, this study will attempt to evaluate the varied programs, policies and missions that the Wisconsin DOC is still proud to defend today
Arrenault, Laëtitia. "L'application extraterritoriale du Foreign Corrupt Practices Act (FCPA) et les réponses européennes." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0006.
Over the past two decades, the fight against corruption has become a top priority, put high on the agenda of international organizations and large economies. Initiated by the United States and materialized by the promulgation of the law Foreign Corrupt Practices Act (FCPA) in 1977, the fight against corruption goes beyond the legal framework and is illustrated by a balance of powers in the diplomatie, geopolitical and economic aspects between various actors at the international level. Resolution vehicles have been integrated to the settlement of American legal proceedings in the corruption cases and a new configuration of international legal and economic relations has emerged, in light of a strong competition between States where the concept of economic war and business intelligence arises. Anglo-Saxon concept and key element of the soft law, the compliance gained its reputation following the 2008 financial crisis and thanks to an international agenda based on the fight against financial crime and corruption. Compliance rules, law and regulations are from now on embedded in the structure of companie and entities, on both si des of the Atlantic. In this context, the European Union builds a new legal framework where criminal law and compliance are essential pillars, but faces difficulties arisini from different visions from its Member States
Liddell, Éliane. "Le procès pénal aux États-Unis : démocratie, "due process of law" et justice ordinaire." Bordeaux 3, 2005. http://www.theses.fr/2005BOR30052.
Since 2000 the United States has had the world's highest incarceration rate. American society has fostered a punitive culture. Violence and social unrest can no longer be considered an adequate explanation. Should the penal justice system be blamed ? This work examines the American criminal trial from a historical and cultural viewpoint, in order to isolate it from the surrounding morass of misrepresentations and to show its thoroughly democratic underpinnings. Here lies a curious paradox : at a time when the principles of the fair trial have been entrenched in penal law by supreme court jurisprudence over the period starting with the due process revolution, the American judicial system has never been prey to so much self-doubt and seemed so arbitrary, even oppressive. Although it is true that there has been some erosion in procedural due process since the early eighties, is this the principal cause of the deterioration ? We then aim to show that what is happening is rather the distortion of the workings of justice under the pressure of two joint forces : gradual national standardisation has given way to a vast retreat to much more local practices, and populist ultra-repressive policies have been unleashed with little opposition from constitutional safeguards. Supreme courts, instead of focusing on poorly-enforced and ever-more complicated procedural reforms, should first strive to put a stop to policies of mass imprisonment. Only then will the judicial institution recover its integrity
Richet, Isabelle. "Entre charité et justice sociale : les églises chrétiennes et la lutte contre la pauvreté dans l'Amérique de Ronald Reagan." Paris, EHESS, 1994. http://www.theses.fr/1994EHES0084.
Ronald reagan is the first president to have presented a global alternative to the welfare state created in the thirties and sixties. The dissolution of the moral consensus behind the new deal policy urged the protestant and catholic churches to put forward a model of society based on christian values of solidarity. The alliance between christian fundamentalists and conservative politicians forced them to root this model in a preferential option for the poor. In order to translate this preferential option into a political and economic program, they had to move from the traditional practice of charity, which presupposes the permanence of poverty, to a campaign in favour of social justice which aims to eliminate it. A survey of the churches' action in three localities (new york, flint and yazoo city) shows that this shift from charity to justice was operated differently, depending on their insertion in the community, their eclesiology, doctrine and social reality
Zambiras, Ariane. "La politiquée inspirée : religion et imaginaire politique aux Etats-Unis." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0063.
Participant observation in one Catholic parish and Iwo Presbyterian congregations highlights the role played by religion in the formation of political judgment, the intertwining of political and religious socialization, and the hybridization of the resulting social imaginaries. Ethnographic inquiry in these three religious communities shows that churches are places where political and religious socialization in taking place. The study of humor events and of interstitial moments, those set apart from the official life of the institution, reveal a lot about how this political and religious socialization operates. In order to capture the effects of this double socialization on the social imaginaries of people, believers are interviewed about the following public controversies: creationism capital punishment, abortion, gay marriage, global warrning and immigration. The study of the repertoires used by people to justify their position in those debates brings to Iight religion's capacity to influence the construction of a sense of justice, and the role it plays in the drawing of symbolic boundaries around the "us". The research shows that other repertoires, such as that of "performance" and "science" sometimes compete with or even supplant the religious repertoire
Kirby-Légier, Catherine. "Le discours judiciaire de la Cour suprême des États-Unis à travers quatorze arrêts relatifs à la liberté d'expression : 1992-1996." Bordeaux 2, 2003. http://www.theses.fr/2003BOR21044.
U. S. Supreme Court decisions contain a judicial discourse which is very difficult to understand, even for American jurists. To do so, we must first put them in their historical, political and legal context. This dissertation emphasizes the specific judicial context of the Court : on the one hand the collaboration between the judges and with their law clerks during the drafting of the texts, and on the other hand, the different types of texts which are produced (lead opinion, separate opinions). Conscious of their power, judges try to hide it behind rhetorical strategies. First, they try to show that they have little or no power, because they are not free to do as they wish. Their restrictions come from the community of jurists which determines which arguments are acceptable, although there are no criteria universally acceptable to different schools of legal thought. The judges also try to persuade us not only that their power is limited, but also that when they use it they do so reasonably. They do this, more or less consciously, through extrajudicial techniques such as the creation of the image of conscientious judges who listen carefully to the American public. Another technique is the shaping of narratives, both about the individual cases and also concerning broader themes such as stability and powerlessness
Almeida, Kato Mariana. "La transparence de la justice constitutionnelle : une étude de droit comparé (France, Brésil, États-Unis)." Electronic Thesis or Diss., Reims, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226580.
The subject of the thesis is the analysis of transparency in constitutional jurisdiction from a comparative perspective. The development of constitutional justice is one of the essential qualities of contemporary legal systems. The institutions entrusted with the responsibility of safeguarding the Constitution have increasing importance in modern democracies, for not a very long time in France and more in other countries. In parallel, in these same democracies, the exigency of transparency of public action continues to gain importance. Many legal or constitutional devices encourage transparency in different perspectives: the fight against corruption, control, confidence, or citizen participation. But transparency also presents some challenges, for example, regarding the deliberation process or the surcharge of a jurisdiction. In this context, the project reunites, for the first time, two different subjects - transparency and constitutional jurisdiction - which have never been studied together in a profound analysis, despite its importance. The thesis will precisely examine the rules concerning the regulation or limitation of the transparency in the constitutional courts, such as the nomination process for constitutional courts judges, judicial disqualification, choice of cases to be examined in detail, motivation and decision making, publicity of dissident opinions, role of judge's collaborators, the access to the deliberation and documents, publication of the amici curiae and also public hearings and its diffusion. Moreover, while the Conseil constitutionnel is often presented as a constitutional court similar to those existing in other European states, the confrontation with the experiences of Brazil and the United States will allow to measure the degree of transparency of this institution and to extend the research
Orozco-Espinel, Maria Camila. "L’économie, une discipline en quête d’autorité scientifique. États-Unis, 1932-1957." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH087.
This research studies how economists in the United States established the scientific authority of their discipline during the period around World War II. Concretely, our analysis shows how the economists’ quest for the authority of science shaped a new body of ideas and concepts, control instruments and computational procedures which defined the very essence of economics. Simultaneously these developments brought material and symbolic benefits to the discipline, inside and outside academia. By establishing itself as a type of knowledge which is at once abstract, technical and empirical, Economics consolidated as a discipline capable of producing universal knowledge, articulating the academic world and the practical sphere and establishing its qualifications as an applied domain for policy-making. Our analysis focuses on three top institutions in the US academic world: the Cowles Commission, the Economics Department of the Massachusetts Institute of Technology, and the Department of Economics at the University of Chicago. By studying the standardization of the PhD program in Economics, this research also studies the process of reaching a consensus within the discipline as link to the quest for the special status of “science”. Rooted in the social history of science, this study contributes to the analysis of standards which influence today’s research, teaching and professional activity of economists
Esta tesis estudia cómo los economistas estadounidenses buscaron establecer la autoridad científica de su disciplina desde el principio de la década de 1930 hasta el periodo post Segunda Guerra Mundial. Concretamente, la investigación muestra cómo la búsqueda por la autoridad de la ciencia de los economistas dio forma a un nuevo cuerpo de nociones y conceptos, instrumentos de control y procedimientos de cálculo que se convirtieron en la expresión misma de la economía contemporánea. Y que, simultáneamente, también trajeron beneficios materiales y simbólicos a la disciplina, tanto dentro como fuera de la academia. Al establecerse como una forma de conocimiento a la vez abstracta, técnica y empírica, la economía logró consolidarse como una disciplina capaz de producir conocimiento universal, articulando el mundo académico y la esfera práctica y afirmar al mismo tiempo sus calificaciones como un dominio aplicado involucrado en la toma de decisiones políticas. El análisis se centra en tres de las principales instituciones del mundo académico de los Estados Unidos: la Comisión Cowles, el Departamento de Economía del Instituto de Tecnología de Massachusetts y el Departamento de Economía de la Universidad de Chicago. Al estudiar la estandarización del programa de doctorado en economía, esta investigación analiza la cristalización de un consenso en la disciplina como vinculado a la obtención del estatus especial de “ciencia”. Anclada en la historia social de la ciencia, esta tesis ofrece una contribución al estudio de los estándares que hoy continúan influenciando la investigación, la enseñanza y la actividad profesional de los economistas
Belhumeur, Andréa. "Le débat au sénat américain entourant l'adhésion des États-Unis à la cour permanente de justice internationale de janvier 1935." Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24780/24780.pdf.
Fitzgerald, Paul-Joseph. "L'Eglise comme lieu de formation d'une conscience de la concitoyenneté : étude sur la rédaction en public de la lettre pastorale "Economic justice for all" (1986)." Paris 4, 1997. http://www.theses.fr/1997PA040074.
Catholicism has long employed theological ethics to evaluate the justice of the organization of human societies. The political culture of the United States has traditionally nourished public debate concerning the social contract with challenges drawn from its 'civil religion'. Long excluded from the American politico-religious debate, the catholic community in the United States developed a number of attitudes around faith and citizenship in the isolation of the ghettos. Since the relatively recent election of john f. Kennedy and the opening of the second Vatican council, American Catholics have been gaining an ever more important voice in national debates over moral and ethical issues in the area of social justice. The catholic church of the United States has become a public church in which the laity and the clergy have discovered a new ecclesial identity and a new public responsibility. During the economic crisis of the 1980's, the catholic community drafted a pastoral letter entitled economic justice for all through the means of a public debate. The methodology of composition was revolutionary because it enabled the active participation of the laity in a politico-religious prudential judgment of the relative morality of the national economy. At the crossroads of American civil religion and catholic social doctrine, the process of writing 'in public' reveals a new role for the catholic community in the United States, that of moral conscience for the nation. Our study traces the surprising history of this still minority community to such a public responsibility; it sketches several heuristic models to explain the mentalities and the behavior of the debaters. It highlights the possibilities and the challenges, both civic and ecclesial, thus posed. Lastly, it identifies what is at stake for the future of this catholic and American way of being church
Perreur, Nathalie. "Information et fiction : le mélange des genres à la télévision américaine." Paris 2, 2010. http://www.theses.fr/2010PA020059.
Périssol, Guillaume. "Le droit chemin. Jeunes délinquants en France et aux États-Unis au milieu du XXe siècle." Thesis, Sorbonne université, 2018. http://www.theses.fr/2018SORUL055.
The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven.” This Shakespeare quote was still used in the 1950s as the motto of the Boston Juvenile Court. It tended to replace the traditional repressive function of the law by an ideological function expressed by love. The American juvenile court model, highly imbued with the ideal of compassion and rehabilitation, had had a worldwide success since 1899, when the first juvenile court was created in Chicago. What lies behind the progressivism of the juvenile courts and the “judicial neohumanism” praised by Judge Jean Chazal after the 1945 law which heralded the veritable birth of juvenile courts in France? What signification can we give to the very rapid success of juvenile courts in the United States, Europe and throughout the world?The comparison between two interconnected Western countries can help answer these questions, while filling a historiographical gap, in order to better understand the juvenile justice system and the phenomenon of juvenile delinquency. The post-WW2 period is most pertinent for analysis, as acute questions concerning authority and education were being raised amid international delinquency panics. The study takes place in an innovative and interdisciplinary field, where youth history intersects with the history of justice and control. It is qualitative and quantitative, and is based on new archival material, such as the case files of the Boston Juvenile Court and the Seine Juvenile Court in Paris
Périssol, Guillaume. "Le droit chemin. Jeunes délinquants en France et aux États-Unis au milieu du XXe siècle." Electronic Thesis or Diss., Sorbonne université, 2018. http://www.theses.fr/2018SORUL055.
The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven.” This Shakespeare quote was still used in the 1950s as the motto of the Boston Juvenile Court. It tended to replace the traditional repressive function of the law by an ideological function expressed by love. The American juvenile court model, highly imbued with the ideal of compassion and rehabilitation, had had a worldwide success since 1899, when the first juvenile court was created in Chicago. What lies behind the progressivism of the juvenile courts and the “judicial neohumanism” praised by Judge Jean Chazal after the 1945 law which heralded the veritable birth of juvenile courts in France? What signification can we give to the very rapid success of juvenile courts in the United States, Europe and throughout the world?The comparison between two interconnected Western countries can help answer these questions, while filling a historiographical gap, in order to better understand the juvenile justice system and the phenomenon of juvenile delinquency. The post-WW2 period is most pertinent for analysis, as acute questions concerning authority and education were being raised amid international delinquency panics. The study takes place in an innovative and interdisciplinary field, where youth history intersects with the history of justice and control. It is qualitative and quantitative, and is based on new archival material, such as the case files of the Boston Juvenile Court and the Seine Juvenile Court in Paris
Goualle, Laurent. "Le drame judiciaire ou la représentation du procès dans le cinéma américain." Paris 3, 2001. http://www.theses.fr/2001PA030049.
Grivet, Simon. "Tuer sans remords : une histoire de la peine de mort en Californie de la fin du XIXe siècle à nos jours." Phd thesis, Paris, EHESS, 2011. http://www.theses.fr/2011EHES0044.
This dissertation studies the death penalty in California from the trial to the execution. It begins at the end of the 19th century, when hangings were moved behind the walls of state penitentiaries, and goes to the current period. This study is primarily based on the analysis of the San Quentin Execution Files and the applications for pardon made to the Governor. The theoretical framework is largely inspired by M. Foucault's views on the "power to punish" and also by perspectives opened by N. Elias' "process of civilization". The key problem this study sets to solve is the growing separation between the imposition of the death penalty and its infliction. The answer is threefold. First, capital trials in California became more complicated as the State adopted the "bifurcated trial" as early as 1954. Appeals to the California Supreme Court and later to the federal courts offered new hopes for the condemned. At the same time, pardon by the Governor became rarer. Secondly, the incarceration of the condemned completely changed. Beginning in the 1940s, a network of surveillance by guards, doctors and psychiatrists surrounded the condemned. As the time before an execution went from months to years in the 1980s, death-penalty inmates received civil rights aImost comparable to other prisoners. FinaIly, the method of execution also displayed some very distinctive evolutions. California picked the gas chamber in 1938 as a modem and painless way to execute its condemned. However in 1992 a federal judge declared it unconstitutional. The surrogate method, lethal injection, also ran into troubles in 2006. It does not solve the question of pain and dignity
Jouet, Mugambi. "Les droits de l'homme en France et aux États-Unis : la dialectique des convergences et des divergences." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D024.
The dissertation examines the evolution of human rights and human dignity in France and the United States since the Enlightenment. Its multidisciplinary dialectic offers news perspectives on the processes shaping the conception of these norms through the experience of two nations with a major historic role.The American and French revolutions converged in invoking universal rights. Yet each country diverges considerably today. While the Declaration of the Rights of Man of 1789 is now a French constitutional text, the concept of "human rights" is hardly used in U.S. law. Moreover, America commonly exempts itself from international human rights norms, as illustrated by its retention of the death penalty. However, this profound divergence did not always exist. Calling into question the notion of a quasi-direct link between the French Declaration of 1789 and human rights nowadays, the dissertation addresses the relationship between the French Revolution and modernity. It also examines France's reticence to ratify the European Convention on Human Rights and how it was among the last Western European nations to abolish capital punishment. The dissertation's first half offers a macro-societal analysis of the evolution of human rights in each nation since the revolutions of the 18th century. The second half focuses on criminal justice, including the death penalty, incarceration, and prisoners’ rights, to assess the impact of human rights and human dignity on positive law during this period. The dissertation ultimately reveals how human rights have been conceived, protected, and denied for generations
Grivet, Simon. "Tuer sans remords : une histoire de la peine de mort en Californie de la fin du XIXe siècle à nos jours." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2011. http://tel.archives-ouvertes.fr/tel-00628649.
Niang, Babacar. "Le "plaider-coupable" en France et aux États-Unis au regard des principes directeurs du procès pénal." Paris 1, 2010. http://www.theses.fr/2010PA010284.
Carpentieri, Leonardo. "La justice restaurative : analyse critique d'un modèle américain de règlement alternatif des conflits." Paris 2, 2007. http://www.theses.fr/2007PA020089.
Auber, Emmanuel. "Analyse comparative de la répartition des compétences dans l'Union européenne et dans la fédération des États-Unis d'Amérique." Paris 2, 2007. http://www.theses.fr/2007PA020025.
Tunç, Serpil. "Justice en tant que loi, justice au-delà de la loi : Hobbes, Derrida et les Critical Legal Studies." Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCC003.
The thesis aims at an examination of the relationship between justice, rights and laws. To do that, first part of the thesis wishes to investigate Thomas Hobbes, namely the chief representative of positivist jurisprudence, who considers justice to be a naturel law the enforcement of which is to be guaranteed alone by the sovereign. Thus, that leads justice to a circular relation between positive laws, power and violence. In so far as it is the notion of sovereignty that brings justice into the circular relation constituted by positive laws, power and violence. Rather than criticizing the notion of sovereignty, this work, taking another approach, wishes to focus on Jacques Derrida who tries to deconstruct sovereignty. Accordingly, the second part concerns the influential proposition "the deconstruction is justice" stated by Derrida against Hobbes, on behalf of defending a justice beyond the law. While developing a notion of justice that is beyond the law, Derrida has no intention to deny the necessity of the law as such. So we are confronted with a paradox consisting of fact that we must both deconstruct the law and remain within its boundaries. It is exactly where we begin to pose the question of how this paradox is could be taken into account in the juridical domains of application. (Jurists, professors and theoreticians of law) It is for that reason that, the third part of the thesis investigates the two generations of the Derridean influence on Critical Legal Studies(CLS), originated in United-States
Castillo, Vaquera Jorge Galileo. "Administrer et judiciariser la gestion des conflits électoraux au sein des institutions électorales : Etats-Unis 2000-Mexique 2006." Thesis, Paris 3, 2009. http://www.theses.fr/2009PA030070.
The intervention of the judiciary power to solve a ballot in last resort, arise several problems concerning the progress of the representative democracy, and even a paradox: the principle of the democratic representation by an indirect vote of the citizens can be put forward by the judiciary interpretation on the meaning of the ballot's votes. At the same time, the intervention of the judiciary as an independent power constitutes a guarantee of impartiality for the political resolutions, seeking to reinforce the trust of the main social and political protagonists about the electoral administration. We are also faced with the problem of the political rationality versus the legal rationality, constantly put forward during electoral conflict contemporary processes as essential protagonists but nearly antagonistic ones, by the fact that they pursue close but distinct interests
Castet, Anthony. "Guerres culturelles, idéologies et égalité des droits aux Etats-Unis : le cas du mariage homosexuel." Thesis, Tours, 2016. http://www.theses.fr/2016TOUR2014/document.
The ojective of this PhD dissertation is to show how the victory for the freedom to marry enabled the LGBT community to gear up for a national State-by-State campaign to put an end to second-class citizenship, raise awareness, and educate the American people to a reality that is marked by a long history of discrimination and hostile prejudice against homosexuals, with such hostility often being expressed and disseminated by fundamentalist Christians. We will revisit the historical origins of the culture war against homosexuality to show it still structures the system of government tody, and fuels political polarization, starting from the premise that the breach in the separating wall between Church and State is partly responsible for the numerous institutionnal deadblocks as well as a patchwork system of unegquel laws across the country. the LGBT community's fight for equal rights ultimately turns out to provide a particularly powerful insight into American democracy, and continues to affect the democratic system of checks and balances through various dynamic processes which are bound up with change and with the assertion of religious freedom
Dumas, Rafaële. "Juger en justice : influence de la mise en récit des conclusions du juge d'instruction sur les jugements judiciaires." Rennes 2, 2007. https://theses.hal.science/tel-00189949/fr/.
The Story Model of juror decision making (Pennington & Hastie, 1993) argues that jurors’ verdicts are determined by a logic of story reconstruction of evidence. Developed in a North-American judiciary procedural context, this model has received empirical supports through experimental methodology reflecting the adversarial justice system. The aim of the present work is to examine the story model on jurors’ judgments construction inserted in the French inquisitorial system. This latter can be distinguished by the fact that it implies a pretrial investigation conducted by a judge in an impartial stance. The reading of the pre-trial judge’s conclusion, recorded in an order, is the first information jurors are confronted to during the trial. Thus, the information organisation of the pre trial judge’s order can be decisive in jurors’ judgment construction. First, an analysis of the organisationnal pattern and discursive style of a judge’s orders corpus show a fairly important variability in the evidence report. Then, a research program of six experiments was carried out to test the hypothesis about the consequences of information organisation in judges’ order. Results are opposite to the pattern predicted by the Story Model. Therefore, more specific conditions were determined the predictive validity of the story model in an inquisitorial procedural context. Ina more widely perspective, this work questions the adaptation of psychological models between different judicial systems and culture
Schabaver, Frank. "Le droit et la justice chez les Indiens comanche et cheyenne au dix-neuvième siècle." Lyon 2, 2001. http://theses.univ-lyon2.fr/documents/lyon2/2001/schabaver_f.
Comanche and cheyenne justices during ninetieth century are based on a jurisprudential law. On one hand, law allows to understand what rules individuals establish about their life : birth, marriage, properties' acquisition and death. These rules could be enforced or extended to the whole tribe by various authorities, from council's chiefs to military societies. On the other hand, justice as judiciary system explains how Indians make their rights to prevail. First, the individuals obtain damages to compensate for injury by civil liability or by civil justice (lawsuit against adultery). They also blacklist excessive claims by retaliation or protest suicide. Second, the arbitratorial authorities apply criminal justice to redress wrong as murder, offences against community hunt's rules or cheyenne's horses theft. By proxy of political authorities, the plaintiff makes trial against comanche sorcery or punishes cheyenne rape. The society itself reproves abnormal conducts as incest, theft or inappropriate comanche privileged homicide. In short, these tribes have actually evolved a "judiciary power" which creates law rules and applies justice, although this power appears not always autonomous from political power
Philippe, Yann. "Mais que fait la police ? : réformes policières et lutte contre la criminalité à New York au début du XXe siècle (1906-1918)." Paris, EHESS, 2006. http://www.theses.fr/2006EHES0032.
My thesis originates in the discrepancies, noted by sociologists, between the ways the police are represented in contemporary American culture and the daily realities of police work. As the economic, cultural and police capital, New York provides an ideal standpoint to trace the construction of the figure of the policeman as a fighter against criminality. The NYPD underwent a process of reform at the beginning of the 20th century supported by the papers, the civic organizations, the new police experts and many New Yorkers, as evidenced by the numerous complaints they filed, wich have been saved at the municipal archives. Often followed by a police report, these complaints enabled me to measure the reforms' implementation and the actual activities of the police. While it didn't constitute its main activity, the fight against criminality was defined as the primary objective of the NYPD, and contributed to a new form of identification between the people and the police institution
Paddeu, Flaminia. "De la crise urbaine à la réappropriation du territoire : Mobilisations civiques pour la justice environnementale et alimentaire dans les quartiers défavorisés de Detroit et du Bronx à New York." Thesis, Paris 4, 2015. http://www.theses.fr/2015PA040186.
American cities are still affected by the urban crisis, patent through the existence of low-income inner city neighborhoods, concentrating the urban poor and ethnic minorities. The neighborhoods of Jefferson-Mack (Detroit) and Hunts Point (South Bronx, New York) are both considered icons of the urban crisis. Yet they witness substantial environmental and food justice activism. The purpose of this thesis is to understand how grassroots environmental and food practices can be used to improve living conditions for inner city communities. The first section analyzes how these two blighted neighborhoods are products of a structural urban crisis. By using a corpus of urban studies on urban decline, we demonstrate how the daily lives of residents reveal a “crisis of urban living” in which noxious uses and pollution as well as limited environmental and food access are key factors triggering grassroots activism. The second section is grounded in a corpus of studies on environmental and food justice, in order to explore the role of environmental and food justice activism in these neighborhoods. We defend that the hybridity between environmental, food, social and spatial issues reconfigured grassroots activism. The third section mobilizes a corpus of commons studies to analyze the challenges of reclaiming urban space. By studying the rise of urban agriculture and other environmental amenities occurring on vacant land, we explore the multiple benefits of community urban space reclamation. Beyond environmental and food benefits, and despitesome conflicting issues, reclaiming urban space allows transformative processes to noticeably yet incompletely improve living conditions
Légier, Anne. "La désobéissance civique en matière d'avortement, le cas du Clergy Consultation Service (1967-1973)." Thesis, Paris 3, 2019. http://www.theses.fr/2019PA030058.
In 1967, at a time when abortion was illegal in the entire United States, a group of Jewish and Protestant clergymen from New York founded the Clergy Consultation Service on Abortion (CCS) to help women escape the danger of illegal abortions. They established a service designed to refer women to the best abortion providers in the country and abroad, counseled them in their choices and helped bring prices down. During the six years it was active, the organization grew into a nationwide entity, helped hundreds of thousands of women access safe abortion care and changed the way abortion was perceived by the general public. The ministers and rabbis denounced the existing abortion laws as unfair, discriminatory and punitive, and claimed that they violated moral laws because they compelled women, in particular the most vulnerable ones, to put themselves in very dangerous situations. As clergymen, they believed it was their moral responsibility to violate human laws in order to follow higher ethical codes. This dissertation focuses on how this diverse religious group made social change possible by applying the concept of civil disobedience to the abortion issue. It examines the seemingly unlikely involvement of clergymen in the struggle for abortion rights, analyzes the creation and growth of the organization before focusing on how it helped redefine the abortion issue in the years before the 1973 Roe v. Wade ruling which established that the right to abortion is constitutionally protected
Saumon, Gabrielle. "Big sky, Montana, une géographie critique. Capital environnemental et recompositions sociales dans l'ouest du Montana." Thesis, Limoges, 2019. http://www.theses.fr/2019LIMO0003/document.
A shrine of wilderness amidst the Rocky Mountains, Western Montana has been at the heart of a dynamic of amenity migration and rural gentrification since the 1990's : fictional and biographical stories support that dynamic and tell of life paths that are intimately tied to the environment. Individuals are now compelled to determine themselves in regard to that powerful field that has been reinvested through prevailing new values. From Old West to New West, social and territorial change is in itself determined by the environment as a field for more and less distinctive recreational activities or as a landscape to contemplate. Nevertheless, contemporary migratory dynamics are neither socially nor spatially equally shared and nor is access to the environment. Let us question the existence of outcast and chosen few in the New West Archipelago and raise the issue of Western Montana social and environmental inequities in general. Using « environmental capital » as a framework to interpret these inequities, this thesis tends to focus on how the environment, in its multiple forms, plays its part in the transformation of Western Montana and how it creates and sustains deep inequities and injustice. In a time of strong social and territorial change the environment is at the heart of new strategic investments that determine the balance of power
Baffico, Stéphanie. "Green Politics et aménagement urbain durable à Baltimore : la racialisation du développement durable au coeur du traitement des ghettos." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0039.
Baltimore is part of the big American metropolises committed in a race for sustainable development. Traditionally a democratic stronghold, with a majority of city dwellers who are poor Afro-Americans, and harshly battered by the industrial crisis and the economic recession, Baltimore City is the perfect laboratory for urban planning projects experimenting sustainable development. Furthermore, with regard to its economic and demographic characteristics and the importance of segregation in the city, the social dimension of sustainable development and the issue of environmental justice are at stake. Since 2000, the Mayor and the City Council initiated two ambitious projects integrating the various aspects of sustainable development (« sustainability », « livability » and « smart growth »), which are all belonging to « green politics ». These efforts are focused on East Baltimore and West Baltimore, two huge ghettos surrounding the financial district in the downtown area. The core of our analysis concerns two projects of green politics (the rehabilitation of a part of the East Baltimore ghetto through the Grand Piano; the Red Line, a train connecting the ghettos, some industrial wastelands and the Central Business District). Through these examples, we will put under study the types of urban governance and urban regimes at work, and the role played by the different stakeholders (« anchor institutions », philanthropic foundations, public actors and neighborhood associations). New forms of citizenship may appear with unheard modes of participation to sustainable urban planning. Sustainable development may be an opportunity to improve the living conditions in the ghetto and fight against poverty and social and environmental injustices. The seamy side of the story may be a racialization of sustainable development nourishing gentrification, creating new forms of segregation and bringing about the death of the ghettos
Issaoui, Nawal. "Les mouvements religieux minoritaires à l'épreuve du droit états-unien : étude des contours fluctuants de la liberté religieuse du XIXe siècle à nos jours." Thesis, Bordeaux 3, 2016. http://www.theses.fr/2016BOR30042/document.
Religious freedom is one of United States’ major founding myths and it has become a key issue in the public sphere. The First Amendment to the US Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”. Religious freedom is thus a fundamental principle protected by the first part of the Amendment called the free exercise clause while the State is prohibited from interfering with or favoring any religion. However, when a law of generally applicability is seen by an individual or a group as overlapping their religious freedom, going to trial to protect their constitutional right appears in many as the best option. The “case by case” approach by the courts, and in particular by the federal Supreme Court, as well as the lack of a coherent jurisprudence show how difficult and challenging dealing with religious freedom issues are. Indeed, beyond judging facts in the various cases the judges hear, their constant redefinitions of the boundaries of religious freedom have given them a major role in regulating religious matters. In our study, we focus on six such religious groups which have been involved in litigations and most of whom had their case heard by the US Supreme Court, in order to seek an exemption from the law and continue their otherwise illegal religious practice. After a review of the Mormons’ famous polygamy cases in the late 19th century, we move on to analyzing the litigation involving a Brazilian Church (called the Centro Espirto Beneficente Uniao do Vegetal) using an illegal substance in their sacramental tea. The child death cases involving Christian Scientists are also analyzed as they point out the question of the limits of parents’ religious rights when it comes to their children’s health. The issue of parents’ rights is further discussed in the following case studies of the Amish who can have their own community schools since the famous US Supreme Court Yoder decision in 1972, and in the case of the Twelve Tribes who have been facing accusations of child abuse and illegal child labor
Druelle, Clotilde. "Un laboratoire réformateur, le Département du commerce en France et aux Etats-Unis de la Grande guerre aux années vingt." Paris, Institut d'études politiques, 2004. http://www.theses.fr/2004IEPP0026.
Marcin, Freddy. "La culture : force racialisée, commémorative et reconstructice dans les sillons de l'ouragan Katrina." Thesis, Antilles-Guyane, 2013. http://www.theses.fr/2013AGUY0667.
In August 2005, hurricane Katrina made landfall on the city of New-Orleans, Louisiana causing not only death, despair, anguish but also massive destruction and subsequent relocation. As the catastrophe made headlines worldwide, people were shocked by the overwhelming preponderance of the African American poor among those stranded within the city. Many explained the disproportion as a result of continual neglect. The devastation left by Katrina brought to light the enduring legacy of slavery, racism and racial inequality. African Americans were left alone to fend for themselves at the Superdome and at the Convention Center. This doctoral research provides an insight into the correlation between race, class and geography. We will explore the highly controversial concepts of "the refuge(s)" and "looters" in the US context. We will try to figure out how history and cultural racism influence behaviors and political decisions. Was Katrina a natural catastrophe, a man-made disaster or a cultural crisis? Besides race, culture seems to be a major component in this tragedy. We delve into this analysis from the framework of cultural studies. On the one hand, culture condemned African-Americans in 2005, but on the other hand, it put them out of harm's way. Jazz, blues and hip-hop became serious assets in the aftermath of hurricane Katrina. African-Americans used these musical genres to express grief and anger. They used writing as a powerful tool to recover from Katrina. Jazz, blues and hip-hop proved to be synonymous with catharsis
Zagrodzki, Mathieu. "La mise en oeuvre des réformes de la police à Paris et à Los Angeles : la police de proximité change-t-elle la police ?" Paris, Institut d'études politiques, 2009. http://www.theses.fr/2009IEPP0001.
The beating of Rodney King by four police officers in 1991 made the reform of the Los Angeles Police Department (LAPD) a political priority. The mayor, Thomas Bradley, appointed an independent commission that decided to implement community policing. The above-mentioned events put the reform of the LAPD on the political agenda, but its implementation turned out to be difficult because of organisational constraints and the perception of community policing by policemen as a political trick designed to satisfy the voters. Community policing became more a “buzz word” used by politicians and police officials than a real priority. Nevertheless, police/community partnerships have been implemented in Los Angeles and the LAPD has changed since the early 1990s. In France, the Police Nationale was always focused on national security issues, neglecting somewhat street-crime and community relations. In 1997, the Prime Minister Lionel Jospin decided to launch the “police de proximité”, which was inspired by community policing. The aim of the reform was to bridge the gap between the police and the community and reduce crime, which became a major concern for public opinion. This reform partially failed though, mostly because police officers resisted to that new philosophy that contradicted with the way they used to work previously. In 2002, Nicolas Sarkozy announced the end of the “police de proximité”. However, Paris police, which has a specific status, still implements the measures taken in the 1990’s and significantly improved its image and effectiveness
Schmutz, Hélène. "Vers une redéfinition de la nature américaine : trois études de cas dans la région de Los Angeles." Thesis, Paris 4, 2013. http://www.theses.fr/2013PA040149/document.
Environmental historians have worked at redefining the modes of relationship between man and nature in the United States. The way this relation is defined conditions environmental politics, and therefore contributes to the material transformation of the continent. Five major trends of thought about nature are described: nature as a resource transformed by work ; preservationism ; conservationism ; ecology ; and environmental justice. Those ideas endure to this very day in the discourses constructed about nature: they either juxtapose or confront each other. The goal of this thesis is to understand whether they undergo a transformation, evolving towards a definition of the man/nature relationship as a socionatural hybrid. To this end, three cases are examined here, all of which are connected with the Los Angeles area in the early 2000s. The first concerns Tejon Ranch and the agreement passed in 2008 about Tejon Ranch between environmental associations and the owners : it poses the question of the meaning given to a preservation that would incorporate ecological, mythical and economic aspects of that territory, a remain of the Western past. The second deals with the decision that was made in 2007 by the City of Los Angeles to revitalize its river and offers a good example of the broadening of the definition of nature: it can also be urban. The ecological and cultural preoccupations about the river complicate the conservation problematic in Southern California. Finally, South Central Farm’s environmental justice case (1994-2006) is the sign of a transition in American environmental ideas from a clearly spatially limited object to a world issue
Boissier, Laurence. "Le roman policier juridique dans l'Amérique contemporaine." Montpellier 3, 2001. http://www.theses.fr/2001MON30010.
Sadat, shafai Yal alexandre. "Les justiciers du "vigilante movie" : essor et origines d'une figure postmoderne." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMC027.
Within the nineteen-seventies, a Hollywoodian genre focusing on the vigilante archetype, wandering throughout urban or rural modernity in order to eradicate crime instead of legal institutions, came back in the public eye. Called "vigilante movie" by critics in the nineteen-seventies, this genre arose commercially within a period that we situate between 1968 and 1989. Since most works are, according to us, aware of the paradoxes and bewilderments of their characters, we try to analyze the critical view expressed by authors on vigilante justice - that is, a view often neglected by texts written against these movies, perceived as conservative glorifications of the most radical reactions to criminality. Therefore, we propose a collection of common aesthetic processes that define the pessimistic aspect of these action films. As we are about to see, filmmakers and screenwriters from major studios and exploitation channels have understood that the vigilante in itself is the ideal tool for the embodiment of America, its origins, its aspirations, its evolution, its dreams of liberty and independence
Stark, Jessica. "A contribution to the characterisation of English for diplomacy : language, discourse and culture in the British Foreign and Commonwealth Office and the U.S. Department of State." Thesis, Aix-Marseille, 2020. http://www.theses.fr/2020AIXM0017.
This thesis aims to contribute to the description of specialised languages in English for Specific Purposes research by characterising English for diplomacy within the British Foreign and Commonwealth Office and the U.S. State Department. We adopt a multidisciplinary perspectiveto explore the interplay between specialised diplomatic discourse, language and culture and to determine the foundations of professional diplomatic specialisation.Part one presents a theory of specialised languages belonging to a specific research paradigm related to specialised language study, which sees specialised languages as objects for characterisation that are separate from a given pedagogical context. This theory is applied to the professional domain of diplomacy and associated with a tripartite methodology designed to situate specialised diplomatic discourse in its pragmatic and cultural context.Part two focuses on the characteristic discourse genres of the British and American diplomatic community, and includes a general genre typology and two corpus-based studies of the diplomatic memoir and the diplomatic cable. The final part of the thesis analyses diplomatic lexisthrough a diachronic study of lexicographical normalisation efforts in the diplomatic field, and an overview of contemporary diplomatic terms in English. Diplomatic culture is then envisaged from the vantage point of a sociological enquiry into discursive practices in the Foreign and Commonwealth Office, based on a series of qualitative interviews
Kamugisha, Yvonne. "L’influence américaine et la fonction du religieux dans les mécanismes de réconciliation et de prévention contre le génocide : quel modèle de réconciliation pour le cas du Burundi ?" Thesis, Bordeaux 3, 2019. http://www.theses.fr/2019BOR30021.
As Burundi begins a key phase in national reconciliation, the vast work of collective memory initiated by the Arusha Peace Accords in August 2000 offers an opportunity to the US to penetrate and strategically position them in the Great Lakes’ Region Peacebuilding. A mistake would be to see such U.S. involvement in the East Africa Community as a recent phenomenon. Since the postcolonial era until the current phase of reconciliation mechanisms and genocide prevention, the American visibility in African politics goes back in time as its missionary activities prove it. Many studies explored the question on geopolitical relations between former colonial countries and colonial powers in sub-Sahara Africa. Yet, few pointed out the relevance or the deep religious relationships and their influence in sociopolitical events in East African countries such as Burundi or Rwanda. To explain the U.S. Foreign Policy linking it to its religious investment in the Great Lake prevents a misleading simplification of U.S. interests. Our study of the role of American missions and their complex relations with Christian missions of former colonial powers offers us a new look at the U.S. political dynamics in the Great Lakes’ Region in East Africa. The challenge of the Truth and Reconciliation Commission provides a unique political and religious space for a study of these different religious actors. The use of the transitional justice in Burundi underlines not only the confrontation of processes of justice and forgiveness in post-conflict periods, but it underlines the difficult negotiation of collective memories along with geopolitical interests
Velut, Jean-Baptiste. "Libéralisation ou équité des échanges? : Les conflits sur les modalités de l'élaboration de la politique commerciale américaine de l'ALENA à l'ALEAC (1991-2005)." Thesis, Paris 3, 2009. http://www.theses.fr/2009PA030017/document.
The 1990s marked the emergence of the “new politics of American trade.” A large coalition of labor, environmental and consumer organizations fought to broaden the narrow economic scope of American trade policy and change the rules of globalization. More than fifteen years after their first legislative battle against the North American Free Trade Agreement, what is the legacy of their political mobilization? What factors constrained their progress? Drawing from interviews with political actors, lobbying materials from labor, environmental and business organizations, and congressional records, this dissertation analyzes the clash between “fair” and “free” traders in five major legislative battles from 1991 to 2005. It reveals that the “special relationship” between the business community and the executive branch was the key obstacle to the achievements of the “blue (collar)-green” alliance from the beginning to the end of the policy process. Not only did the private sector enjoy privileged access to the negotiations phase, but the president also assisted free trade coalitions in their lobbying efforts, allowing them to win most legislative battles
Ferreira, Christophe. "Les pratiques commerciales déloyales à l'aune des droits anglo-américains : approche comparative." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0035/document.
Economically and politically, the Western society is led by two main sets which are the European Union and the United States of America. Juridically, this distinction matches with a more general one wich can be observed between traditional romano-germanic states and those submitted to the common law. Nowadays, this distinction tend towards disappearance because of the intermingling of these two legal systems. Indeed, regarding the form first, common law states resort more and more to statutory laws, and conversely, traditional romano-germanic laws leave a growing room for the case law, and especially, for the jurisprudence of the European Court of Justice. In substance then, because those two legal systems correspond to two economic systems unified around a market economy. They want to protect it against damaging behaviours for consumers, competitors, and in fine for the market itself But this protection require in particular to order fairness during the use of business-to-consumer commercial practices. That is why, the European Parliament and the Council, announced a directive concerning unfair business-to-consumer commercial practices in the internal market, which contains maximum harmonisation provisions about unfair commercial practices, but without provisions about their juridical regime. Then, it seems necessary to compare the European system with the American one, especialy with the consideration of the theory of the economic torts, in order to study if these two can enrich each other. So, it will be demonstrated that if the classification follows the same arguments on either side of the Atlantic, the responses to those behaviours is more contrasted
BORRE', MATTEO. "UN RIVOLUZIONARIO DURANTE L'ANTICO REGIME: JACQUES-VINCENT DELACROIX (1766-1789)." Doctoral thesis, Università degli Studi di Milano, 2013. http://hdl.handle.net/2434/225564.
Marion-Faïn, Edwige. "Une analyse microéconomique des règles de preuve dans le contentieux civil." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020018/document.
Procedural rules are likely to affect the strategies of the parties in a dispute. We study their impact on the volume of litigation and on the amount of legal expenses incurred by parties to win the trial. These two components of the social cost of litigation are at the heart of the challenges that must be addressed by developed countries to guarantee the effective enforcement of the substantive law. Our works relate more specifically to rules of proof, and the emphasis is given on the opposition between civilian and common law rules. After defining the scope and the stakes of the thesis in the general introduction, we develop a plan in two parts. Part I studies parties' behavior when they have the possibility to negotiate to avoid a trial. Strategic and divergent expectations models are developed to apprehend parties' decisions to sue and to settle. The second Part is oriented toward the evidence production process preceding the final hearing. We use rent-seeking models to analyze parties' incentives to engage legal expenditures.The results suggest that rules of proof have a substantial effect on the social cost of litigation. We show that the volume of litigation in the US and in France can be explained by the various rules of proof prevailing in these two countries. Moreover, our analysis reveals that the rules of proof constitute a major determinant of the private cost of litigation and of defendant's defense strategies
Watrous, Sara. "The reciprocal influence of the food justice movement and the Mexican immigrant rights movement in the United States." Mémoire, 2012. http://www.archipel.uqam.ca/4649/1/M12479.pdf.
Angers, Kathleen. "Struggles over Legitimate Diplomathood : the United States Foreign Service, the State Department and Other Government Agencies in Contemporary American Diplomacy." Thèse, 2017. http://hdl.handle.net/1866/20595.
Stylios, Alexandre. "L'aveu dans les traditions occidentales accusatoire et inquisitoire : une brève histoire de l'aveu en droit pénal." Thèse, 2016. http://hdl.handle.net/1866/18527.
This thesis analyses confession in Western legal traditions through a historical approach starting in antiquity. Through the study of English, French and Canadian law, it shows how the suspect’s statements have been apprehend by the accusatorial and inquisitorial systems of criminal justice, revealing that confession has always constituted and still constitutes to this day the cornerstone of truth and justice in criminal procedure. It also explains how confession, influenced and transformed by religion, has become an independent means of proof in both systems as a way to both identify and understand the guilty.