To see the other types of publications on this topic, follow the link: French family law.
Journal articles on the topic 'French family law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'French family law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Farran, Sue. "Family Law and French Law in Vanuatu: An Opportunity Missed?" Victoria University of Wellington Law Review 35, no. 2 (August 1, 2004): 637. http://dx.doi.org/10.26686/vuwlr.v35i2.5638.
Full textAbstract:
This article outlines the need for the courts in Vanuatu to adopt a more robust approach in developing a relevant regional jurisprudence by considering certain aspects of French family law which remain potentially applicable under the Constitution of Vanuatu as law existing at independence. With reference to selected areas of family law, it explains how a more vigorous comparative approach using French law may be useful for filling gaps which presently exist in national legislation and also illustrates how certain dimensions of French family law may be particularly suited to the contemporary Vanuatu context.
2
Calves, Gwenaëlle. "Affirmative Action in French Law." Tocqueville Review 19, no. 2 (January 1998): 167–77. http://dx.doi.org/10.3138/ttr.19.2.167.
Full textAbstract:
In recent years, the concept of positive discrimination has attracted considerable attention in France among both legal scholars and the general public. In an increasing number of areas, ranging from access to bicycle paths to restriction of family allowances according to income, any rules that appear to depart, however slightly, from the prevailing norm of equal treatment strictly construed, now tend to be presented as measures of positive discrimination.
3
Djachy, Ketevan, George Kuparadze, and Lia Rukhiashvili. "Linguistic and Sociolinguistic Peculiarities of Family Law Legal Terminology." Theory and Practice in Language Studies 8, no. 4 (April 1, 2018): 365. http://dx.doi.org/10.17507/tpls.0804.01.
Full textAbstract:
This paper concerns a comprehensive study of the Family Law legal terminology and attempts to determine its communicative role and functions in linguistic, sociolinguistic and socio-cultural aspects. Increased contacts between people, societal changes associated with migration processes, and more frequent mixed marriages have led to dynamic socio-cultural values and changes to traditional cultural stereotypes. In this regard, it is interesting to examine and study the marital and family problems in contemporary intercultural space and legal discourse, the sphere that has not been studied yet in terms of comparative analysis in Georgian, English and French languages.
4
Semley, Lorelle D. "“Evolution Revolution” and the Journey from African Colonial Subject to French Citizen." Law and History Review 32, no. 2 (May 2014): 267–307. http://dx.doi.org/10.1017/s0738248014000157.
Full textAbstract:
Soon after Marc Kojo Tovalou Houénou hurried from his tour of the United States to the French West African colony of Dahomey in 1925 to be at his dying father's side, the French governor there launched an inquiry to find out whether Houénou was the French citizen he claimed to be. Houénou had been born in Dahomey in 1887, but had spent most of his life studying and residing in France. Alhough he had only returned to Dahomey briefly in 1921, with his father's death in 1925, Houénou wanted to claim what he saw as his rightful position aschef de familleor head of his extended family in Dahomey. With this title, Houénou would have gained administrative control over his father's expansive wealth in land and property in several towns in Dahomey, and would have been the official representative for his family, especially in interactions with the French colonial government. However, Houénou was already emerging as a thorn in the side of French colonial authorities because of a series of critical articles he had written in Paris about French colonialism. Therefore, when Governor Gaston Fourn found that Houénou had, in 1915, obtained his French citizenship rights, literally permission “to enjoy (jouir) the rights of French citizen,” why was the governor relieved?
5
Golduzian, Iraj, Hamid Reza Mirzajani, and Samaneh Eghtedari. "Semi-Liberty System Investigation in Iranian and French Law." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 225, no. 1 (September 1, 2018): 115–36. http://dx.doi.org/10.36473/ujhss.v225i1.131.
Full textAbstract:
The semi-liberty system was first established in French law and accepted in Iranian criminal law before Islamic Revolution Laws. In 2013, it was proposed in Islamic Penal Code with regard to detention policies and reducing the number of criminal cases. The semi-liberty system is one of the borderline penalties and it is moderate for crimes considered. In this case, the perpetrators are reformed in these crimes and they demand corrective actions based on middle legal sanctions. The mentioned item is one of the manifestation principles of individualizing punishment. The gradual progress of the convicted person is included in its working schedule. It has agreed with his/her liberty. This system gives an identity to criminal people to avoid him from labeling. It also gives job and family stability for convinced. It is matched to criminal justice response based on criminal status. And finally, it reduces the criminal costs. The purpose of the execution of punishments is reforming the criminal person. The jurisprudential foundations are not in conflict with the implementation of punishments with regard to demanding of the criminal person reforming and reducing the harmful effects of imprisonment on convicted person, his family and society. The privative liberty is minimized based on international documents. They develop liberties before the deadline and items including the mid-liberties. Finally, this item tries to create at least distance between the community and the convinced person and obtain the most benefit for society with regard to implementing this system. This study investigates the system of semi-liberation in Iranian criminal policy and French law.
6
Callaway, Hannah. "A Contested Inheritance: The Family and the Law from the Enlightenment to the French Revolution." Law and History Review 37, no. 1 (November 15, 2018): 61–87. http://dx.doi.org/10.1017/s0738248018000330.
Full textAbstract:
This article examines a particularly interesting inheritance case from late-eighteenth-century France to study the intersection of legal practices and Enlightenment ideas at the end of the Old Regime. The case, involving dispute around the estate of a deceased tax farmer, addresses family relations broadly within the specific context of inheritance and spousal assets. The five briefs produced on appeal to the Parlement of Paris show particular engagement with Enlightenment themes of reason, nature, and sentiment. The family was a locus of particular interest in eighteenth-century France because of its implications for social relations and its connection, through inheritance, to royal sovereignty. However, family law has been primarily studied from the perspective of practices, whereas the present article focuses on ideals. The article argues that the courtroom was an important site where the diverse implications of Enlightenment thought on family law were worked out. The argument that family law was a site for integrating ideals into practices has implications for how we think about the relationship between law and social change, as well as, in particular, the relationship between Enlightenment and Revolution.
7
Booley, Ashraf. "Progressive Realisation of Muslim Family Law: The Case of Tunisia." Potchefstroom Electronic Law Journal 22 (October 24, 2019): 1–28. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a2029.
Full textAbstract:
From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven for thinking that Tunisia's reforms started after they gained independence from France in the 1950's. In fact, it was during the French Protectorate that reformers started rumours of reform, arguing amongst other issues for affording women more rights than those they were granted under sharia law, which governed family law in Tunisia. After gaining its independence, Tunisia promulgated the Code of Personal Status, which was considered a radical departure from the sharia. It is considered to be the first women-friendly legislation promulgated in the country. It could be argued that Tunisian family law underwent, four waves of reform. The first wave started during the French Protectorate. The second wave started in the 1950's with the codification of Tunisia's family law, which introduced women-friendly legislation. The third wave started in the 1990's with changes to the Code of Personal Status, and the latest wave commenced in 2010. In this article, I analyse the initial, pioneering phases of the reforms resulting from the actions of a newly formed national state interested in building a free society at the end of colonial rule, as well as reforms that have taken place in the modern state since the Arab uprising in Tunisia. As a result of the various waves of reforms, I argue that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world.
8
Bonjour, Saskia. "Between Integration Provision and Selection Mechanism. Party Politics, Judicial Constraints, and the Making of French and Dutch Policies of Civic Integration Abroad." European Journal of Migration and Law 12, no. 3 (2010): 299–318. http://dx.doi.org/10.1163/157181610x520382.
Full textAbstract:
AbstractBoth the Netherlands and France have recently introduced civic integration abroad policies, which stipulate that family migrants are to learn about the language and customs of the host society, before being admitted to the country. The Dutch program however is much more stringent than the French. While France requires only participation in an evaluation and course that are organised and financed by the French state, the Dutch government has made entry conditional upon passing a test and does not offer courses. In this article, I propose two explanations for the significant differences between the modalities of the Dutch and French civic integration abroad programs. The first is related to party politics, that is to the positions adopted by political parties and the relations between them; the second to the different judicial constraints that weigh upon family migration policies in France and in the Netherlands.
9
Ireland, Benjamin Hiramatsu. "Nippo-Kanaks in Post-War New Caledonia: Race, Law, Politics and Identity." PORTAL Journal of Multidisciplinary International Studies 16, no. 1-2 (November 13, 2019): 11–28. http://dx.doi.org/10.5130/pjmis.v16i1-2.6438.
Full textAbstract:
This article interrogates both the legal and social identities of Japanese-Melanesians (or ‘Nippo-Kanaks’) residing in the Free French territory of New Caledonia at the beginning of the twentieth century to the years following the Second World War. The first part of the article details how, fearing an imminent Japanese attack on New Caledonia after the bombing of Pearl Harbor, the French Empire began the process of deporting nearly all Japanese emigrants residing throughout New Caledonia to Australian internment camps on 8 December 1941. French officials in New Caledonia sequestered all property belonging to the Japanese émigré community, and later sold it to the French public. Nippo-Kanaks, who were children at the time of the incarceration and deportation of their Japanese fathers, maintained a problematized legal identity as Japanese nationals residing in Pacific French territory. Although the French Empire granted French citizenship to mixed race Kanaks in 1946, French authorities in New Caledonia specifically denied French citizenship to Nippo-Kanaks, who then had to petition for French naturalization. The second part of this article interrogates the social identity of Nippo-Kanaks viewed from the perspective of Jeannette Yokoyama, a second-generation Nippo-Kanak whose Japanese father was deported to Australia. Yokoyama’s father was forcibly repatriated to Japan after the Second World War, but by writing letters he maintained communication with his family in New Caledonia. The letters that Jeannette received from her father allowed her to forge personal memories of her absent father that shaped her social, mixed race identity as a Nippo-Kanak. For Yokoyama’s father, the letters served as a means to enculturate Jeannette as a Japanese daughter from afar. Jeannette’s memories of her beloved father, coupled with the embrace of her Japanese heritage, represent a symbolic resistance to French administrators’ efforts to erase the presence of the Japanese community in New Caledonia.
10
Moch, Leslie Page, and Louise A. Tilly. "Joining the Urban World: Occupation, Family, and Migration in Three French Cities." Comparative Studies in Society and History 27, no. 1 (January 1985): 33–56. http://dx.doi.org/10.1017/s0010417500013657.
Full textAbstract:
Historians and sociologists have long been aware of variability in family structure and behavior and curious about the effects of large-scale change on the family. Nineteenth-century social scientists from Frederic LePlay to Lewis Henry Morgan interpreted family change in an evolutionary framework: LePlay discerned what he believed was the baleful effect of changes in the law on family life, Morgan, the progress due to changing economic and environmental factors. The twentieth-century revival of family history received its impetus from Philippe Ariés, who in both his early Histoire des populations françaises and the later Centuries of Childhood maintained the evolutionary perspective.
11
Stamler, Hannah M. "Decorating Mothers, Defining Maternity." French Politics, Culture & Society 40, no. 1 (March 1, 2022): 83–106. http://dx.doi.org/10.3167/fpcs.2022.400104.
Full textAbstract:
This article offers a detailed analysis of the symbolism and early operation of the Family Medal, a maternity award created by the French government in 1920. Launched at a time when the women’s rights were fiercely debated and when politicians feared for the longevity of the “French race,” this article claims the medal as a revealing tool of state efforts at gender and racial retrenchment. Honoring mothers who were moral and metropolitan, the medal represented an early attempt at institutionalizing a conservative and racialized vision of motherhood that would find fuller expression in the 1939 Family Code, itself a blueprint of Vichy family law.
12
Curti-Contessoto, Beatriz, Isabelle de Oliveira, and Lidia Almeida Barros. "Changes in the concept designated by the term mariage civil throughout the history of French law 1791–2013." Terminology 27, no. 1 (July 5, 2021): 140–62. http://dx.doi.org/10.1075/term.00061.cur.
Full textAbstract:
Abstract In 1791, the term mariage civil first appeared in French law in order to designate a civil and secular union recognised only by the State. After the introduction of this term into the French legal domain, there were legislative changes regarding the rules of civil marriages over the following years. The present paper examines the semantic evolution of the term mariage civil in French law, relating this evolution to socio-cultural and historical aspects of France between 1791 (when civil marriage was instituted in this country) and 2013 (when the most recent legislative change in the area occurred). Based on this investigation, it is possible to affirm the transformations in the French society and legislative changes have modified the concept designated by the term mariage civil, especially concerning the notion of family and the achievement of rights by women and homosexuals.
13
Diep, Doan Thi Phuong, and Hoang Thi Ngu. "Suggestions for improvement of Vietnam’s criminal law towards crimes against the minor and family." Science & Technology Development Journal - Economics - Law and Management 2, no. 1 (December 28, 2018): 12–20. http://dx.doi.org/10.32508/stdjelm.v2i1.497.
Full textAbstract:
The application of a criminal sanctions has always been considered carefully because of its heavy consequences. Criminal sanctions are applied for violations in the area of marriage and family as regulated in the criminal law of both Vietnam and France. However, the direction in constructing and applying the law are different between the two countries. As a result, it is necessary to compare the differences between the two jurisdictions to improve the Vietnam’s law. In the context of this article, on the basis of considering and analyzing the provisions of the French criminal law on crimes against the minor and family, the authors offer some suggestions to improve the criminal law of Vietnam.
14
Cathelineau-Roulaud, Anne. "Le Droit Français et le Couple." International and Comparative Law Review 13, no. 1 (June 1, 2013): 171–83. http://dx.doi.org/10.1515/iclr-2016-0067.
Full textAbstract:
Abstract French family law has just undergone tremendous changes. The may 17 Act which allows same sex marriage means the acknowledgement of a right for couples either homosexual or heterosexual. These couples can be married or not. Beyond the diversity, we can however feel the emergence of a right for the couple, that is to say common rules for all couples. The couple, from every angle, became an essential and inescapable element of family law which has its proper rules.
15
Biland, Émilie, and Hélène Steinmetz. "Are Judges Street-Level Bureaucrats? Evidence from French and Canadian Family Courts." Law & Social Inquiry 42, no. 02 (2017): 298–324. http://dx.doi.org/10.1111/lsi.12251.
Full textAbstract:
Although judges were included in the street-level-bureaucracy (SLB) group by Lipsky (1980), sociolegal scholars have barely used this theoretical framework to study them. This article aims to specify their position with respect to SLB in order to bridge the gap between public administration and sociolegal research. Specifically, using a cross-national ethnography of judicial institutions, it compares family trial judges' practice on the ground in France and Canada. General conditions separate them from the core SLB group: encounters with clients are less direct; discretion is more legitimate. However, French judges are far closer to the SLB group than their Canadian counterparts regarding public encounters and case processing. As such, the accuracy of the SLB framework depends on professional and cultural patterns that combine differently in these two national contexts.
16
Dannies, Kate, and Stefan Hock. "A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1." International Journal of Middle East Studies 52, no. 2 (May 2020): 245–60. http://dx.doi.org/10.1017/s002074382000001x.
Full textAbstract:
AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.
17
Wurmnest, Wolfgang. "Trees or Forest? – Colloque international et Session internationale d’études doctorales sur la réception du droit communautaire en droit privé des États Membres." European Review of Private Law 11, Issue 3 (June 1, 2003): 477–80. http://dx.doi.org/10.54648/erpl2003029.
Full textAbstract:
The impact of European Law on national private law and the idea to harmonise larger fields of private law seemed to be less discussed in France than elsewhere in Europe. Few conferences touched upon this field and French doctrine was rather quiet on this subject. This has changed fundamentally. The Commission’s Communication on European Contract Law triggered a discussion on the desirability and necessity of a European unification of private law. Many academics voiced their concerns and Ives Lequette rejected the idea fiercely. Against this background more than 160 academics from all over France and other EU Member States participated actively in the “Colloque international sur la réception du droit communautaire en droit privé des États Membres”. The conference was organised by Jean-Sylvestre Bergé and Marie Laure Niboyet and hosted by the University Paris X-Nanterre. The discussions during this congress made clear that the severe criticism expressed by some French legal writers towards the Europeanization of private law must be seen as the exception and not the rule. The conference focused on the reception of European Law in the fields of contract and tort law, family law, labour law, international private law and law of procedure. Each field was presented by a French and a foreign speaker. The Colloque was accompanied by a “Session internationale d’études doctorales” where young researchers from many EU-Member States formed six working groups on the aforementioned topics. The intention of the Session was twofold: each group followed a work program to analyse selected problems in a comparative perspective. The second and even more important aim was to enhance the exchange between the different legal cultures in Europe.
18
Parii-Sergeenko, Evgeniya Pavlovna. "Typological models of legal regulation of matrimonial relations through the prism of comparative approach in private law." Юридические исследования, no. 10 (October 2021): 114–25. http://dx.doi.org/10.25136/2409-7136.2021.10.36621.
Full textAbstract:
This article outlines a number of typological models of legal regulation of matrimonial relations using the method of comparative-legal analysis. Leaning on the formal-legal approach, analysis is conducted on certain typological models. First and foremost, the author explores the model that is based on inclusion of the norms of family law in the Civil Code. It features two basic modifications that take roots in the reference European codifications of civil law: French (institutional) and German (pandect). Another typological model under review relies on coexistence of the two separate codes within the national legal system: civil and family. The typological distinctness characterizes the model that is based on inclusion of the norms of special statutes dedicated to family law in the Single Civil Code (for example, PRC). The development of family law may take the path of adoption of separate legislative acts (UK, USA). In some instances, federative nature of the country may also affect the development of the system of sources of family law. The countries with pluralistic legal system, either have exclusive jurisdiction over matters of family law (for example, Israel), or stimulate the processes of its modernization through adoption of a special law (for example, India). The author believes that the formal-legal criterion of typology should be correlated with the substantive aspect of the matter. From this perspective, the author highlight the two trends in regulation of matrimonial relations: the first is associated with strengthening of public law principles, while the second is associated with private law principles. The typological model depends on the dynamics of their ratio.
19
Moumtaz, Nada. "“Is the Family Waqf a Religious Institution?” Charity, Religion, and Economy in French Mandate Lebanon." Islamic Law and Society 25, no. 1-2 (April 3, 2018): 37–77. http://dx.doi.org/10.1163/15685195-02512p03.
Full textAbstract:
This essay analyzes a debate among Muslim jurists in French Mandate Syria and Lebanon around whether the family waqf, a form of charitable endowment dedicated to the founder’s family, is a legitimate form of the waqf and whether it should be abolished. I argue that the new categorization of the family waqf as a deviation from real charitable giving was informed by new conceptions of the economy, religion, and charity. Because the debate was among Muslim legal scholars, it also allows us to examine modern changes in the Islamic legal tradition. I show how the debate displays the use of new scientific styles of reasoning among Muslim jurists in the derivation of rules, thereby transforming the legal tradition without rupturing it.
20
Jurasinski, Stefan. "Reddatur Parentibus: The Vengeance of the Family in Cnut's Homicide Legislation." Law and History Review 20, no. 1 (2002): 157–80. http://dx.doi.org/10.2307/744159.
Full textAbstract:
TheAnglo-Saxon Chroniclestates that during his 1018 meeting in Oxford with the leading English ecclesiastical and lay authorities, roughly one year after his accession to the throne in England, Cnut agreed to uphold “the laws of Edgar” during his reign. The ultimate outcome of this and subsequent meetings is the code issued at Winchester in 1020, referred to by editorial convention as I and II Cnut. This code contains, respectively, the religious and secular laws of England promulgated under Cnut. The code is contained in four manuscripts in Old English. The earliest are British Library, Cotton Nero A.i and Cambridge, Corpus Christi College (CCCC) 201, both dated to the mid-eleventh century; the latest, Cambridge, Corpus Christi College (CCCC) 383 and British Library, Harley 55, belong to the early twelfth century. Cnut's code reappears in three twelfth-century Norman Latin tracts intended to acquaint French authorities with English law, theInstituta Cnuti, Consiliatio Cnuti, andQuadripartitus. TheLeges Henrici Primi, prepared by the same author as theQuadripartitus, also draws heavily on Cnut's legislation.
21
Crompton, Rosmary, and Nicky Le Feuvre. "Gender, family and employment in comparative perspective: the realities and representations of equal opportunities in Britain and France." Journal of European Social Policy 10, no. 4 (November 1, 2000): 334–48. http://dx.doi.org/10.1177/a014365.
Full textAbstract:
In this paper, we will explore how contrasting national discourses relating to women, and gender equality have been incorporated into and reflected in national policies. In the first section, we will outline the recent history of EU equal opportunities policy, in which positive action has been replaced by a policy of 'mainstreaming'. Second, we will describe the evolution of policies towards women and equal opportunities in Britain and France. It will be argued that whereas some degree of positive action for women has been accepted in Britain, this policy is somewhat alien to French thinking about equality - although pro-natalist French policies have resulted in favourable conditions for employed mothers in France. In the third section, we will present some attitudinal evidence, drawn from national surveys, which would appear to reflect the national policy differences we have identified in respect of the 'equality agenda'. In the fourth section, we will draw upon biographical interviews carried out with men and women in British and French banks in order to illustrate the impact of these cross-national differences within organizations and on individual lives. We demonstrate that positive action gender equality policies have made an important impact in British banks, while overt gender exclusionary practices still persist in the French banks studied. In the conclusion, we reflect on the European policy implications of our findings.
22
Daud, Fathonah K., and Aden Rosadi. "Dinamika Hukum Keluarga Islam dan Isu Gender di Iran: Antara Pemikiran Elit Sekuler dan Ulama Islam." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 4, no. 2 (November 30, 2021): 205–2020. http://dx.doi.org/10.24090/volksgeist.v4i2.5258.
Full textAbstract:
This article examines the dynamics of family law in the Islamic Republic of Iran where there are upheavals and struggles between the secular elites and ulama from 1927 to the present day. This study applied a library research by digging up information related to the theme of the study. The results of this study indicate that the Islamic Republic of Iran is dominantly Shia Imamiyyah (Jafari) but it also accommodates the Hanafi (Sunni) School in the field of marriage law. Iranian family law has gone through many changes. Since 1928 the issue of divorce and marriage which was originally regulated in Irans Qanun Madani came into force in 1930, the Marriage Law was then enacted in 1931. After three decades, in 1967 there was a reformation, the Marriage Law was replaced by the Family Protection act, then it was replaced with the Protection of Family in 1975. These laws are a combination of Islamic Law and French civil Jurisprudence, though they seem more secular. However, since the Iranian Revolution in 1979, these laws have been abolished and all laws in Iran have been returned to sharia law. As a result, the laws become repressive against women, except in the field of inheritance which provides gender equality. While there have been many highly educated women in Iran, since 2006 many women have filed for divorce. On the other hand, the practice of mutah marriage has begun to be abandoned and polygamy is opposed by the community.
23
Nicholls, Peter. "Anti-Oedipus? Dada and Surrealist Theatre, 1916–35." New Theatre Quarterly 7, no. 28 (November 1991): 331–47. http://dx.doi.org/10.1017/s0266464x00006035.
Full textAbstract:
In a sequel to his essay ‘Sexuality and Structure in Expressionist Theatre’ in NTQ26, Peter Nicholls here explores a very different set of developments in the French avant-garde drama of the period. Arguing that Dada and Surrealist theatre have a strongly marked ‘anti-oedipal’ tendency, he suggests that their polemics against the family and paternal law contrast with the increasing prominence given to Freud's masterplot in Expressionism. Peter Nicholls teaches English and American Literature at the University of Sussex: his publications include Ezra Pound: Politics, Economics, and Writing, and articles on postmodernism, contemporary poetry, and French cubism. His Modernisms: a Literary Guide will be published by Macmillan in 1992.
24
Semitko, Alexey P. "Historical roots and current state of the “public - private law” issue in French legal doctrine." RUDN Journal of Law 25, no. 3 (August 23, 2021): 562–85. http://dx.doi.org/10.22363/2313-2337-2021-25-3-562-585.
Full textAbstract:
The Soviet legal system did not know the division of law into private and public, because communist ideology did not recognize anything private. The end of communist experiment and transition to legal state, social market economy and respect for human rights naturally led to the need to revive private law and to further develop it; therefore in Russian jurisprudence the issue of dividing the law into private and public has become relevant. The subject is the French legal doctrine on this issue; the study is carried out on the unpublished in Russia sources. The historical roots of the basic division of law and its significance for the French legal system are in the focus. Despite the absence of rigid boundaries in this division, the theory describing it is based on the real legal reality of the Romano-Germanic family of legal systems. This theory is not abstract theorizing; it is useful for practice because it aims to maintain a balance between public law and private law regulation. The issue of basic division of law in the case law system is discussed. A comparative study of the issue in the Russian legal doctrine is conducted. The author comes to the conclusion that human rights are the common part that unites public and private law, and therefore their unity is inextricable: the abrogation of private law, as the experience of building communism in Russia showed, inevitably leads to the destruction of human rights, and then to the transformation of public law into a pseudo-legal system.
25
Morrow, John Andrew. "Can Islam Be French?" American Journal of Islam and Society 27, no. 4 (October 1, 2010): 120–22. http://dx.doi.org/10.35632/ajis.v27i4.1298.
Full textAbstract:
John R. Bowen’s Can Islam Be French? is divided into three parts. The firstpart, which includes chapters 1 and 2, provides a brief overview of Islam inFrance and addresses issues of migration, the rise of religion, the responseof the state, and the distinctive features of the French Islamic landscape.The second part consists of four chapters. Chapter 3 explores Islam inthe suburbs, Islamic networks, and the work of an everyday imam, as wellas mosques and social divisions. Chapter 4 examines the forces that shapeIslamic knowledge in the countries; the various rules, schools, and principlesused to interpret Islam; Hichem El Arafa’s Centre d’Etudes et de RecherchesSur l’Islam, the science of prophetic traditions, and the objectives ofScripture. Chapter 5 differentiates among the various schools of jurisprudencein Islam, the differing pedagogical approaches employed in teachingthe Muslim faith, the major influence of the Maliki madhhab in France, andthe practical training of preachers and scholars. Chapter 6, which wonderswhether Islamic schools can really be republican, examines the case ofDhaou Meskine’s Success School, how Muslim schools manage to teach asecular curriculum, Muslim family camp, and closes with coverage of Meskine’sarrest.Part 3 includes three chapters. Chapter 7 asks whether there should bean Islam for Europe and whether there should be different rules for differentlands, ideological confrontations in mosques, and the transnational Islamicsphere. Chapter 8 deals with issues such as secular and religious marriages, halal and haram food rules, as well as the attitude of French civil law towardIslamic practices. Finally, chapter 9 tackles Islamic spheres in republicanspace, whether religion-based associations impede integration, priorities andvalues, as well as pragmatics of convergence ...
26
Uimonen, Jari. "The Personal Status in French Law: With Special Focus on Overseas Territories." International Journal on Minority and Group Rights 21, no. 4 (October 18, 2014): 451–68. http://dx.doi.org/10.1163/15718115-02104001.
Full textAbstract:
France has reputation as a highly centralised unitary state. In the background there is, however, a long history of particularism: during the pre-Revolutionary ancien régime, the country had a large number of local coutumes. The colonies formed another question: even after the Revolution of 1789 they were considered as an exception to the major rule. From the 18th century France has used the notion spécialité legislative, which recognises the legal difference in overseas areas. This policy continues in modern France as a different legal treatment of more integrated overseas regions (former territories) belonging to the European Union, and the other overseas collectivities, more loosely connected to Metropolitan France. Signs of legal pluralism can be found from both Metropolitan France and overseas collectivities, but three of the last-mentioned are of special interest to this article: New Caledonia, Wallis and Futuna and Mayotte. In all of them the French Constitution recognises the existence of separate personal status. In New Caledonia and Wallis and Futuna this status is closely related to indigenous custom, dominating the daily life in family relations and land owning. In Mayotte, the personal status is a mixture of Islamic law and African customary law. In other overseas collectivities there are also remnants, or pockets, of personal status visible, but they have no constitutional or official legal recognition. The article shows that although the official French policy has considered the personal status a transitory measure, it is not completely vanishing. In the Pacific region it is even strengthening, as the example of New Caledonia well indicates.
27
Dean, Janice. "Ideal Type Organisations and Company Law in Europe." European Business Law Review 23, Issue 4 (July 1, 2012): 461–82. http://dx.doi.org/10.54648/eulr2012026.
Full textAbstract:
Different national cultures within Western Europe have very different models of what constitutes a 'well-functioning organisation'. Looking at the nations with the largest economies in the European Union (the French, Germans, Italians and British), the author considers how some of these different models (the 'pyramid', the 'machine', the 'family' and the 'market') have influenced the company laws of the countries in which they are prevalent. The piece then considers the implications for European Union company law of the variations between the predominant national models. Strengths and weaknesses of the various ideal types of organization and other possible models are considered. This article will examine companies in the quartet of European Union countries which have an annual GDP exceeding 1.5 trillion euros: Germany, France, the UK and Italy. Very broadly, two of them, France and Italy are Southern European (traditionally mainly Catholic) in culture as well as geographically, the other two are Northern European (historically mainly Protestant). The four nations remain diverse in economic structure, and particularly in average company size and the use of capital markets, although (with Germany being much the largest) the scale of the economies is similar. These major European Union countries also have different pre dominant models of effective corporate organisation, regulation and management. The discussion will contend that the diverse sets of regulations in part stem from, and are connected to, varied models of what constitutes a 'well-functioning organisation' in the four nations. These pervasive 'ideal types' of the effective organisation might be expected to influence what governments, shareholders and other stakeholders expect of the major companies and how corporate leaders behave. In the European Union, it is argued that national cultures, including views of what constitutes a well-functioning organisation, still provide the basis for social interaction including business activity. Some implications of these underlying differences of perspective for greater co-ordination of company law at European Union level will also be addressed. The strengths and weaknesses of the various 'ideal types' of organisation will be considered. Finally, some possible alternative conceptions of the 'well-organised' company in the 21st Century will be discussed. The continuing diversity of national cultures between Germany, France, the UK and Italy is reflected in their nationals' preferred ways of conceptualising organisations, including major business organisations. Hofstede quotes Owen J Stevens' study at INSEAD Business School - "The majority of the French tended to resolve [a conflict] by referring to the hierarchy; the British, through horizontal negotiation; and the Germans, through the establishment of procedures. Stevens identified the implicit model of a well-functioning organization for the French as a pyramid, that for the British as a (village) market, and that for the Germans are a well-oiled machine." As far as Italy is concerned, the 'family' model remains most salient. These observations led the current author to further examination of those models in the national contexts as they connected to company law. Questions of the adequacy or otherwise of those mental pictures also arose.
28
Nössing, Elisabeth. "Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on." Asiatische Studien - Études Asiatiques 74, no. 1 (November 18, 2020): 35–65. http://dx.doi.org/10.1515/asia-2019-0025.
Full textAbstract:
AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.
29
de Nonneville, Alexandre, Anthony Marin, Theo Chabal, Veronique Tuzzolino, Marie Fichaux, and Sebastien Salas. "End-of-Life Practices in France under the Claeys-Leonetti Law: Report of Three Cases in the Oncology Unit." Case Reports in Oncology 9, no. 3 (October 20, 2016): 650–54. http://dx.doi.org/10.1159/000450940.
Full textAbstract:
On February 2, 2016, the French government enacted the Claeys-Leonetti law introducing the right to deep and continuous sedation and forbade euthanasia for end-of-life patients. This article reports the first descriptions of this kind of intervention at the final stage of life of 3 patients and highlights the need of patient-centered goals and the importance of close collaboration between the patient, family, and medical and paramedical team to achieve a higher quality of final palliative care.
30
ABDELGADIR, AALA, and VASILIKI FOUKA. "Political Secularism and Muslim Integration in the West: Assessing the Effects of the French Headscarf Ban." American Political Science Review 114, no. 3 (May 12, 2020): 707–23. http://dx.doi.org/10.1017/s0003055420000106.
Full textAbstract:
In response to rising immigration flows and the fear of Islamic radicalization, several Western countries have enacted policies to restrict religious expression and emphasize secularism and Western values. Despite intense public debate, there is little systematic evidence on how such policies influence the behavior of the religious minorities they target. In this paper, we use rich quantitative and qualitative data to evaluate the effects of the 2004 French headscarf ban on the socioeconomic integration of French Muslim women. We find that the law reduces the secondary educational attainment of Muslim girls and affects their trajectory in the labor market and family composition in the long run. We provide evidence that the ban operates through increased perceptions of discrimination and that it strengthens both national and religious identities.
31
Merigoux, Denis, Nicolas Chataing, and Jonathan Protzenko. "Catala: a programming language for the law." Proceedings of the ACM on Programming Languages 5, ICFP (August 22, 2021): 1–29. http://dx.doi.org/10.1145/3473582.
Full textAbstract:
Law at large underpins modern society, codifying and governing many aspects of citizens' daily lives. Oftentimes, law is subject to interpretation, debate and challenges throughout various courts and jurisdictions. But in some other areas, law leaves little room for interpretation, and essentially aims to rigorously describe a computation, a decision procedure or, simply said, an algorithm. Unfortunately, prose remains a woefully inadequate tool for the job. The lack of formalism leaves room for ambiguities; the structure of legal statutes, with many paragraphs and sub-sections spread across multiple pages, makes it hard to compute the intended outcome of the algorithm underlying a given text; and, as with any other piece of poorly-specified critical software, the use of informal, natural language leaves corner cases unaddressed. We introduce Catala, a new programming language that we specifically designed to allow a straightforward and systematic translation of statutory law into an executable implementation. Notably, Catala makes it natural and easy to express the general case / exceptions logic that permeates statutory law. Catala aims to bring together lawyers and programmers through a shared medium, which together they can understand, edit and evolve, bridging a gap that too often results in dramatically incorrect implementations of the law. We have implemented a compiler for Catala, and have proven the correctness of its core compilation steps using the F* proof assistant. We evaluate Catala on several legal texts that are algorithms in disguise, notably section 121 of the US federal income tax and the byzantine French family benefits; in doing so, we uncover a bug in the official implementation of the French benefits. We observe as a consequence of the formalization process that using Catala enables rich interactions between lawyers and programmers, leading to a greater understanding of the original legislative intent, while producing a correct-by-construction executable specification reusable by the greater software ecosystem. Doing so, Catala increases trust in legal institutions, and mitigates the risk of societal damage due to incorrect implementations of the law.
32
Morin, Christine. "(R)évolution en matière de libéralités : L’exemple de la liberté testamentaire au Québec." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 4 (March 16, 2021): 609–52. http://dx.doi.org/10.24193/subbiur.65(2020).4.18.
Full textAbstract:
"In Canada, Quebec is the only province to have a legal system under which civil matters are regulated by a Civil Code and not by common law. Nonetheless, Quebeckers had unlimited “freedom of willing” until 1989. Henceforth, although Quebeckers remain free to determine via their last wills and testaments to whom they wish to bequeath their property, their margin of freedom is limited by legislative measures governing the survival of the obligation to provide support after death and the partitioning of the family patrimony. Such limitations on the freedom to bequeath are based upon a family interpretation of public order whereby the deceased must share the value of given property with his or her spouse and look after the immediate family’s need for support. Despite this, the Civil Code makes still no provision, as in French law, for an “undisposable estate” (réserves héréditaires) and it is fitting to question the reasons motivating this decision. The author attempts to identify the social context in which freedom to bequeath came to be limited. As such, she seeks to make known the material sources underpinning the adoption of the Bill that introduced the primary limitations on freedom to bequeath. Her study shows that within the framework of discussions on relevancy to limit this freedom, the issue being debated shifted its objective. Participants widened the initial debate then focused on the transmission of the patrimony by redefining it to encompass the questions of sharing family assets. This transformation contributes to explain how the law of successions in Quebec has drawn closer to family law."
33
Savina, Elena S. "Legal Macro- and Microstructural Devices as a Means of Representing French Bourgeoisie." NSU Vestnik. Series: Linguistics and Intercultural Communication 18, no. 4 (2020): 110–21. http://dx.doi.org/10.25205/1818-7935-2020-18-4-110-121.
Full textAbstract:
The present article is devoted to the determination and analysis of the legal terms Marcel Proust uses to characterize different situations of bourgeoisie’s everyday life at the beginning of the second volume of his novel “In Search of Lost Time” (“À la recherche du temps perdu”) “In the Shadow of Young Girls in Flower” (“À l’ombre des jeunes filles en fleurs”). We shall apply the methods of lexical and semantic analysis as well as the methods used in stylistics, particularly in the theory of figures of speech (namely, Georges Molinié’s theory of macrostructural and microstructural figures of speech). We have identified a number of legal terms pertaining to the judicial process (“procès”, “juger la cause”, “erreur judiciaire”), the administrative (“notification”, “commissaire-priseur”) and civil law (“régime matrimonial”), the constitutional (“républicain”) and criminal law (“crime”, “criminel”) the author resorts to in order to describe different social situations. Thus, we have contributed to the studies of Marcel Proust’s language and style, the elements of his poetics being largely unexplored by the linguists despite a large number of books and papers on the writer and his works. We have analyzed special vocabulary through the theory of figures of speech, particularly legal terms that the author utilizes to represent the domains that are far away from those of law, such as art (theatre and literature) and all kinds of human and social relations in the bourgeois society. For example, the evaluation of Berma’s acting by the spectators and the estimation of Marcel’s literary aspirations are represented as a trial. Marquis Norpois’s aristocratic coldness and arrogance are described with the terms of administrative judicial procedure. In his pretentious speech, he uses a hyperbole based on a term of criminal law. His conservative political views are also represented through a term of constitutional law. Marcel’s attempts to get to know Gilberte’s family better are perceived by him as an unfair trial and, at the same time, as a crime. The term of the domain of the civil law indicates the importance of some types of social relations, particularly marriage, in the eyes of emerging bourgeoisie. Thereby, using legal terms from multiple branches of law as a part of different macrostructural and microstructural figures of speech, Marcel Proust in his novel describes different social relations, processes and phenomena.
34
Kovacek-Stanic, Gordana. "The principle of self-determination in the family law through history and today." Zbornik Matice srpske za drustvene nauke, no. 116-117 (2004): 159–78. http://dx.doi.org/10.2298/zmsdn0417159k.
Full textAbstract:
In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.
35
Trouille, Helen. "Private Life and Public Image: Privacy Legislation in France." International and Comparative Law Quarterly 49, no. 1 (January 2000): 199–208. http://dx.doi.org/10.1017/s0020589300064034.
Full textAbstract:
In October 1998, at the height of the Monicagate scandal, the publication by the French publisher Plon of a novel which recounts the adulterous relationship in the 1960s between a politician bearing a marked resemblance to Francois Mitterrand, and a journalist, provided an interesting comparison between the attitudes of the French and of the Americans to the romantic dalliances of their respective leaders. For Jeanne Dautun's work of fiction Un ami d'autrefois is most certainly no Monica's Story, and French reactions to their President's lengthy extra-marital relationship with Anne Pingeot have been at the very least understanding, if not even compassionate. In France, the small gathering of graveside mourners amongst whom Mitterrand's mistress and illegitimate daughter Mazarine took their places shocked no-one, although many an eyebrow was raised in the United States. In truth, Mitterrand manipulated the release of information about his private life all along the line, “coming clean” only progressively with his approaching death. Although the general public knew nothing of his double life, journalists had been very much aware of the existence of this second family for a great many years, but had revealed nothing. The respect of his privacy in this relationship and the reactions of fellow French politicians to his unashamed infidelity contrast sharply with the fate reserved for Bill Clinton, the indiscretions of his private life exposed in the nation's press for all to enjoy. We may ask ourselves if French journalists are perhaps more gentlemanly, less cut-throat than their Anglo-Saxon counterparts. Or are the cliches which describe latins as inveterate romantics and lovers true after all? Or are these irrational judgments supported by powerful French legislation protecting the individual's right to privacy? This article aims to examine the main texts relating to infringements of privacy in France, highlighting in particular those committed by the press against public figures and celebrities.
36
Golecki, Mariusz Jerzy. "The limits of the consensual principle and the structure of a contract of obligation in Italian civil law." Nieruchomości@ Specjalne, no. V (December 15, 2021): 295–309. http://dx.doi.org/10.5604/01.3001.0015.5837.
Full textAbstract:
The Italian legal system belongs to the so-called Roman family law. However the distinction between a contract and an agreement, famously applied in French civil law, has not been adopted by Italian legal system. The peculiar features of the concept of contract adopted under Italian law pertain to the fact that, without borrowing from the French Civil Code, nor from the German Civil Code, the Italian definition of contract expressed in art. 1321 of the Italian Civil Code has plain and concise textual meaning, specifying both the nature and legal consequences of contract making. The Italian Civil Code generally identifies a contract with an agreement of the parties concluded for the so called legal cause of the contract understood as the economic and social function of the contract. The regulation concerning concluding and enforcing contracts in accordance with art. 1324 of the Italian Civil Code have been extended to other legal actc, in particular unilateral ones, provided that they are inter vivos and the terms of contract pertain to obligatory or proprietary relations. The paper focuses on the limits of the principle of contractual consent in Italian law. The principle generally refers to the agreement as the general underlying legal condition for validity of any contract. The principle has a significant impact on the legal effects of a potential ex post collapse of the contract due to its’ invalidity in case of the transfer of ownership concerning both personal property rights and immovable property rights.
37
Lundberg, Johan. "The American and the Clan." Advances in Social Science and Culture 3, no. 1 (January 26, 2021): p47. http://dx.doi.org/10.22158/assc.v3n1p47.
Full textAbstract:
The Henry James novel The American (1877) is analyzed on the basis of a conflict between the twoforms of liberty, which Isaiah Berlin in the end of the 1950s designated as negative and positive. Theconcept of negative freedom is in this interpretation of the novel connected to a contrast between thestate and the clan. With starting point in Francis Fukuyama’s The Origins of Political Order (2011),and Mark S Weiner in The Rule of the Clan (2013), modern rule of law is in the analysis of the novelregarded as something radically different from clan society.Based on an understanding of the modern state as a guarantee for individual autonomy and liberty, inBerlin’s negative meaning, James depicts in The American, the problems of maintaining liberty, in thenegative sense, in a community organised around the clan.In the novel, the American protagonist Christopher Newman with his lack of prejudices represent forhis French fiancée Claire de Cintréa possible way to freedom. What Newman does, is to offer Claire theopportunity to move from the French aristocracy to the economically strong Americanbourgeoisie—from a kind of feudalism to capitalism. The proposed move coincides with thedevelopmental curve of the novel, which with respect to Claire runs from clan to state.In striking contrast to Newman’s optimized sort of freedom, where neither any internalized norms norany economic limitations prohibit the protagonist from acting in the way that he desires, Claire is thedaughter of a family that represents the old world, with all its limitations and restrictions on negativeliberty. In a highly concrete manner she is prohibited from acting as she wants. This is emphasized inthe question of who to marry.The analysis connects Claire’s family to the ultramontanists and legitimists circles of 19th centuryParisian aristocracy. The terms refer to the ultra-conservative and fiercely anti-liberal movements that,after the French revolution, turned against the modern state power that allegedly forced on the French Catholics secular values.Legitimism and ultramontanism are in the novel intimately connected to maintaining an organisationaround the clan. In contrast to the clan, rule of law, democracy and individual freedom is seen asconsequences of the framework of the modern, liberal state.
38
Simões, Aida, Saudade Lopes, Maria dos Anjos Dixe, and Júlio Belo Fernandes. "Family Risk Factors That Jeopardize Child Development: Scoping Review." Journal of Personalized Medicine 12, no. 4 (April 1, 2022): 562. http://dx.doi.org/10.3390/jpm12040562.
Full textAbstract:
The obligation to protect children is defined by law. However, there is fragility in identifying actual or potential situations that jeopardize their development. This review aims to identify the family risk factors that jeopardize child development. A scoping review was conducted following the Joanna Briggs Institute for Evidence-Based Practice framework and the 2020 Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) statement. The research was carried out on the electronic databases PubMed, CINAHL, Nursing & Allied Health Collection: Comprehensive, MEDLINE Complete, and MedicLatina, with a time limit of 2010 to 2021. The search was restricted to documents written in Portuguese, English, and French. A total of 3998 articles were initially identified. After selecting and analysing, 28 risk factors were extracted from 29 articles. Four categories of risk factors were identified—namely, patterns of social and economic interaction, family characteristics, caregiver’s characteristics, and parenting. The results of this review allow the identification of family risk factors that jeopardize child development. This is significant for Child Protective Services workers as they carry out their risk assessments. This assessment is the first step in avoiding an accumulation of harm to at-risk children and allowing the development of interventions for minimising harm’s impact on children’s development.
39
Choroszewicz, Marta, and Fiona Kay. "The use of mobile technologies for work-to-family boundary permeability: The case of Finnish and Canadian male lawyers." Human Relations 73, no. 10 (October 19, 2019): 1388–414. http://dx.doi.org/10.1177/0018726719865762.
Full textAbstract:
This article explores work–family interface and the use of mobile technologies (MTs) among male lawyers in Quebec (French Canada) and Finland – two civil law contexts with reputations for legislation friendly toward work–family balance. Drawing on 34 interviews with male lawyers and combining two theoretical lenses, shifting ideals of fatherhood and work–family boundary theory, our study shows how men’s preferences for work–family boundary management relate to diversifying models of fatherhood and family. In Finland, male lawyers more readily embrace family responsibilities and they strive to set firm boundaries to curtail work spilling over into family life. Yet, the cultural and professional norm of men as breadwinners remains strong, especially for Canadian male lawyers whose spouses more often assume primary responsibility for childcare. Our study offers qualitative markers of boundary management styles and strategies (spatial, temporal, and psychological) of male professionals – as struggling segmentors, struggling integrators, and integrators. We observe that senior male lawyers, living in more traditional family models, frequently model integrating behaviours, such as around-the-clock availability via MTs. This modeling establishes expectations of what represents a committed professional worthy of promotion. These practices play an important role in sustaining and reproducing gender inequalities in organisations that employ professionals.
40
SAVU, Vlad-Ionuț. "RIGHT OF PRE-EMPTION - HISTORICAL PERSPECTIVE." Bulletin of the Transilvania University of Braşov Series VII Social Sciences • Law 14(63), no. 2 (January 20, 2021): 453–60. http://dx.doi.org/10.31926/but.ssl.2021.14.63.2.30.
Full textAbstract:
In this scientific approach, we will focus on the historical dimension of the right of pre-emption. This paper is structured in three chapters highlighting the most important historical aspects underlying the right of pre-emption. Etymologically, pre-emption comes from the Latin words pre (before) and emptio (sale). The first notions of the right of protimis appear in Roman law, where property and inheritance are treated as religious derivations. The great French historian Numa Denis Fustel de Coulanges (1830 - 1889), in his work Cité Antique (Ancient City), stated that property appears to be of divine origin.It belongs to a family, which includes the protective gods, the dead and the continuators of the family cult, i.e. those who are alive or those who will be born. Each individual of the family is considered a temporary possessor of the property with the obligation to pass these rights on to the descendants in order to continue the family's domestic cult.
41
Coulton, Nicholas. "Asylum Justice Matters." Ecclesiastical Law Journal 12, no. 2 (April 30, 2010): 162–79. http://dx.doi.org/10.1017/s0956618x10000049.
Full textAbstract:
I first came to know asylum seekers in 2000 when working at Newcastle Cathedral. First a Rwandan joined our worship, and later an Iranian. I never asked if the Rwandan was Hutu or Tutsi since the massacres there were too complex for labelling. We knew his family were prominent French-speaking Anglicans, and that in the camps he had become separated from his wife and children. A year or so later my wife recognised his wife's name in an account by a senior Mothers' Union lady of her visit to Africa and to a refugee camp in which his wife had formed an MU branch. Eventually his wife and children were able to join him on Tyneside.
42
Fötschl, Andreas. "The COMPR of Germany and France: Epoch-Making in the Unification of Law." European Review of Private Law 18, Issue 4 (August 1, 2010): 881–89. http://dx.doi.org/10.54648/erpl2010065.
Full textAbstract:
Abstract: France and Germany adopted a Common Matrimonial Property Regime in January 2010. Spouses can elect to have the new regime applied which combines French and German principles of matrimonial property. It is open for access to all the Member States of the European Union. The new regime can be relevant even in States that have not chosen to adopt it, when the parties could have opted for French or German law and preferred to choose the new regime. This bilateral cooperation in family law could be followed by further initiatives, as well in other fields of law. Résumé: La France et l’Allemagne ont conclu, en janvier 2010, un traité sur le régime matrimonial de la participation aux acquêts. Le nouveau régime est optionnel et devrait combiner des principes français et allemands de droit des régimes matrimoniaux. Les autres Etats de l’Union européenne sont invités à adhérer à la convention. Les époux des Etats non-adhérents ou d’autres Etats pourront aussi choisir le nouveau régime, si le droit international privé applicable leur permet d’opter pour le droit français ou le droit allemand. Cette coopération bilatérale en droit de famille pourrait suivie par de nouvelles initiatives dans d’autres branches du droit. Zusammenfassung: Frankreich und Deutschland haben im Januar 2010 ein gemeinsames Regime für das Ehegüterrecht beschlossen. Das neue Regime kann von den Ehegatten gewählt werden und soll französische und deutsche Grundsätze des Ehegü-terrechts verbinden. Das neue Regime steht Mitgliedsstaaten der Europäischen Union zum Beitritt offen. Auch ohne Beitritt und für andere Staaten kann das neue Regime Bedeutung erlangen, wenn die Parteien französisches oder deutsches Recht wählen konnten und für das neue Regime optiert haben. Dieser bilateralen Zusammenarbeit im Familienrecht könnten weitere Kooperationen auch in anderen Rechtsbereichen folgen.
43
Hofri-Winogradow, Adam S. "Zionist Settlers and the English Private Trust in Mandate Palestine." Law and History Review 30, no. 3 (August 2012): 813–64. http://dx.doi.org/10.1017/s0738248012000260.
Full textAbstract:
The basic colonial encounter involved a colonizing power and colonized locals. Some colonial situations were more complex, involving a third element: settlers of nonlocal stock originating in an ethnos, or nation, different than that with which the colonizer was identified. Two prominent examples from the annals of the British Empire are the French inhabitants of Nouvelle France after France ceded it to the British in 1763, and the Dutch inhabitants of the Cape Colony after the British conquest of 1806. The British typically permitted such settler populations to retain at least parts of the laws to which they were accustomed, which laws were often based on the laws of the settlers' jurisdiction of origin. As regards settler use of English law, the English sometimes provided for the application of parts of it to non-British settlers, while blocking such settlers' attempts to use other parts. The part of English law most commonly applied to non-British colonial subjects, both settlers and natives, was commercial law, in order to facilitate commerce between different parts of the Empire. The parts least commonly applied to such inhabitants were family law, land law, and the law of inheritance.
44
Yashchuk, Sergiy. "Organizing the Education Process in France: The Experience of Regional Institute of Social Work Aquitaine, Bordeaux." Comparative Professional Pedagogy 9, no. 1 (March 1, 2019): 81–87. http://dx.doi.org/10.2478/rpp-2019-0010.
Full textAbstract:
AbstractThe article analyzes the stages of organizing the education process in social schools in France based on the example of Regional Institute of Social Work Aquitaine, Bordeaux. It is found that the Institute pays specific attention to the basic courses: professionalization and methodology; social and solidarity economy; professional approach to service; social connections and exclusion; legal approaches; project development and management; sociology of education; human development; psychopedagogy of animation project; family law; social protection and social security; research methodology; legal approach to information management for the EU countries; humour and pedagogy; oral communication and education; anthropology of education; education and philosophy, the views on the education process: family education; mental disability: history and current events; self-study and lifelong learning; psychology of education: theoretical principles, methods, educational and social practices. It is clarified that the main characteristic of social careers in France, regardless of specialization, is the ability to provide permissive and appropriate mediation between the individual, family and society, state and social structures; to act as a partner, linking the personality and society, children and adults, family and society. It is justified that there is no distinction between “social worker” and “social educator” in France. French specialists consider social work to be “personal support services for people”, which is based on certain sciences (law, psychology, sociology) and accumulated experience of practical sociopsychological, health-improving, rehabilitational and therapeutic support of the individual.
45
Ostrovskii, Aleksandr. "Russian Peasants’ Beliefs on “Krovosmeshenie” in the Late 19th Century (on Materials of Fund of Vladimir N. Tenishev)." Slavic & Jewish Cultures: Dialogue, Similarities, Differences, no. 2018 (2018): 134–48. http://dx.doi.org/10.31168/2658-3356.2018.10.
Full textAbstract:
The article makes an overview of the materials collected by the Bureau of V.N. Tenishev in different provinces of European Russia regarding the ban on various situations of sexual relations between blood relatives and in-laws that existed at the Russian peasants in the late 19th century. An attempt is made to divide the whole set of prohibited sexual relations, united in the minds of peasants by the category of “krovosmeshenie”, i.e. incest, into two parts, based on the concept of two types of incest, presented by the French anthropologist F. Héritier, who developed the structural approach. Noting the variability in the views of Russian peasants, the author formulates the general trends. The first – “krovosmeshenie”, i.e. incest, was condemned, in the people's environment it was considered a sin, but not a crime. The second – the most serious sin were sexual relations in the presence of spiritual kinship, as well as within a small family (brother and sister, father and daughter) and “snokhachestvo” (sexual relations with daughter-in-law or sister-in-law, and other similar situations). Third – the anticipated consequences of incest: disgrace, destruction of the family, the inability to bear children, illness, unhappy fate, the heavy death.
46
Dobigny-Reverso, Anne. "La faculté de tester dans le Dell’origine e dell’uffizio del notariato de Michele Cusa." Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review 89, no. 1-2 (May 21, 2021): 192–211. http://dx.doi.org/10.1163/15718190-12340001.
Full textAbstract:
Summary In French law, the current reform plans affecting the reserved portion of inheritance that must devolve upon the heirs (‘legitim’) has revived the debate about the freedom of disposing of one’s estate by will. The debate echoes some of the considerations in Michele Cusa’s (1771-1855) work Dell’origine e dell’uffizio del notariato. The author, who was a notary, was a supporter of the testator’s freedom. His argument consists in a dialogue during which jurists, philosophers and politicians from all over Europe hold the stage. The dialogue reflects the broad culture of a Piemontese notary at the beginning of the nineteenth century. Cusa believed that the freedom to dispose of one’s estate by will was particularly important, because it was the only way to meet real-life social and economic demands, and the complex relationships formed within a family. The testator’s freedom should nonetheless be regulated by statute, so that its excessive use by a father or husband can be restricted.
47
Rosenband, Leonard N. "The Perils of Petty Production: Pierre and Jean-Baptiste Serve of Chamalières." Science in Context 11, no. 1 (1998): 3–21. http://dx.doi.org/10.1017/s0269889700002891.
Full textAbstract:
The ArgumentThis essay examines the prospects and plans of a family of small-scale French papermakers, the Serves, from the 1780s to the 1830s. It explores the interplay of risk, the state, labor discipline, and technological diffusion. Pierre Serve petitioned the monarchy, the Revolutionary state, and the Napoleonic regime for a subsidy to install Hollander beaters, a machine that macerated rags, in his shops. His son pursued a law to humble the journeymen paperworkers, whose custom and skill continuously challenged the Serves' mastery of their mill. Timely responses from the state, which favored large producers, never came. Consequently, the Serves fell back on their own resources and the market, which determined their fate.
48
Thijs, Hannelore. "The Franco-German Common Optional Matrimonial Property Regime: A Guide for Future European Harmonization." European Review of Private Law 29, Issue 3 (July 1, 2021): 489–516. http://dx.doi.org/10.54648/erpl2021025.
Full textAbstract:
In 2010, France and Germany introduced a common optional matrimonial property regime of participation in acquisitions in both countries. One of its goals was to establish European harmonization, up until then a rare occurrence in the broad field of family law. The harmonization journey was continued by Belgium in 2018, when the Franco-German agreement was taken over in the Belgian Civil Code. This article evaluates the Franco-German regime from both an internal and an external point of view in order to determine the success of this operation. In the internal analysis, the regime will be presented as a modern and balanced compromise between the French and German domestic participation in acquisition regimes. In the external analysis, the regime will be qualified as a legal transplant in Belgium that at this moment in time does not survive the operation. Despite this seemingly negative evaluation, the regime may still increase its success rate, provided all actors involved take the required measures. In any case, the regime should be welcomed as harmonization initiative, considering that new projects may learn from its successes as well as from its stumbling blocks.
49
Quartermaine, Angela, and Angela Quartermaine. "Conversations with...Mona Siddiqui." Exchanges: The Interdisciplinary Research Journal 1, no. 2 (March 30, 2014): 142–53. http://dx.doi.org/10.31273/eirj.v1i2.82.
Full textAbstract:
The renowned Islamic theologian, Professor Mona Siddiqui OBE, is Professor of Islamic and Interreligious Studies at the University of Edinburgh. Born in Karachi, Pakistan, the family moved to the UK in 1968 and she currently resides in Scotland. She earned her BA in Arabic and French at the University of Leeds, and her MA in Middle-Eastern Studies and PhD in Classical Islamic Law from the University of Manchester. In addition to being the first Muslim woman to be appointed the Head of Theology and Religious Studies Department at University of Glasgow, her academic work includes texts on the Qur’an (2007), Islam (2010) and Islamic Law (2012a). Professor Siddiqui has also worked extensively on promoting interfaith relations, for which she was awarded an OBE in 2011. She currently holds a visiting professorship at the universities of Utrecht and Tilburg and is an associate scholar at Georgetown University’s Berkley Centre for Religion, Peace and World Affairs.
50
Teekell, Anna. "No ‘Help to the Imagination’: Kate O'Brien and the Emergency." Irish University Review 48, no. 1 (May 2018): 97–112. http://dx.doi.org/10.3366/iur.2018.0332.
Full textAbstract:
Kate O'Brien's 1943 The Last of Summer has been read as the novelist's riposte to an insular island that stifled both her publishing (through censorship) and her imagination (through cultural conservatism). Set on the eve of the neutral ‘Emergency’, O'Brien's sixth novel actually depicts Ireland as a complex space of negotiation, simultaneously desirable and condemnable, that challenges, rather than stifles, the individual imagination. The Last of Summer is a love triangle and a battle of wits, pitching a stage actress, the French ingénue Angèle, against an accomplished domestic performer, her potential mother-in-law, Hannah Kernahan. In the end, it is Hannah who wields ‘neutrality’ – both Ireland's in the war and her pretended neutrality in family matters – as a form of coercive power.