Dissertations / Theses on the topic 'Histoire des idées pénales'
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Frambéry-Iacobone, Alexandre. "La recherche de l'intention en droit pénal contemporain (XIXe-XXe siècles)." Electronic Thesis or Diss., Bordeaux, 2022. http://www.theses.fr/2022BORD0446.
Full textThe understanding of intention may seem excessively simple, as may its definition. We could say that intention is what we want, in our innermost being, without necessarily waiting for an externalisation. In this hypothesis, the intention is eminently personal, but also immaterial since it has no anchorage in the sensible world at this stage. In the same way, we could consider that intentional action would correspond to a determined act, caused with a determined will. Here, the action comes out of the inner world to enter the outer world. The entry into the tangible world is, moreover, a condition for the law to begin to take an interest in intentions, whereas religion, for example, can be satisfied with impure thoughts to act. However, once we have laid down these elements, if we want to scrape off this pragmatic veneer, the situation becomes more difficult: in short, we have said everything and nothing at the same time. Indeed, what is the will? How can we prove intention? Can we think of criminal law without intentionality? These are some of the questions that may arise, especially in a legalistic system. However delicate it may be to grasp, intention has nevertheless found its way into our criminal legislation. Given the absence of an operative definition, whether legislative, jurisprudential, or doctrinal, it may therefore seem interesting to adopt a historical approach to try to understand and master the ideological underpinnings that may have worked to impose such a notion. In addition, concrete work on the way in which the justice system can deal with the intentional question must be carried out, by mobilising archival sources, interviews with justice professionals, or by analysing doctrinal statements on the subject, among other things. Finally, it is once we try to understand, concretely, what intention can be, that we note its eminently fleeting, almost evanescent status, and that we can question the compatibility of the notion with the concomitant construction of a criminal law subject to certain cardinal principles, such as the principle of criminal legality
Labbé, Éric. "Polémique sur le droit de grâce, 1789-1791 : fondements éthiques et politiques." Thesis, Université Laval, 2008. http://www.theses.ulaval.ca/2008/25116/25116.pdf.
Full textGuigui, Julien. "La loi pénale et les titulaires des fonctions publiques : essai critique sur la dénaturation polémique des débats entourant l'application du droit pénal aux agents publics et élus." Cergy-Pontoise, 2009. http://biblioweb.u-cergy.fr/theses/09CERG0407.pdf.
Full textThe continuous acceleration of technical progress and the criminalisation of social relations were two of the most characteristic features of the last century. This evolution did not spare the domain of administrative proceedings. Nevertheless, the difficulties linked to the application of criminal law to civil servants and elected representatives only really come into play in the assumption that the substance of the moral element likely to serve as a medium for criminal sanctions is weak. Such criminalisation of behaviour which is sometimes based more on simple maladministration than on anti-social dealings is fraught with consequences. For holders of public office, it leads especially to the appearance of self-defence strategies which often result in a retreat of public services as well as that of local democracy. The legislator has tried to offset these deviations on two occasions. But the movement of criminalisation of public proceedings, at its most excessive, is accompanied and encouraged by part of legal doctrine, especially criminal doctrine. The latter, by vigorously professing the idea according to which respect for the principle of equality left no other choice to national representation than that of adopting laws of general application, weighed considerably on debate surrounding the adoption of the laws of 13 May 1996 and of 10 July 2000. The effectiveness of these measures suffered considerably as a result of this fact. The views of advocates of that which Professor Olivier BEAUD calls “the ideology of common law” are hinged mainly on three erroneous axioms: a questionable definition of equality before criminal law, negation of the unique nature of missions carried out by holders of public office and the affirmation of substitutability of criminal liability with political responsibility. All three have led to the serious controversial denaturing of discussions in relation to these difficult issues. This thesis tries to seek the causes of this denaturing by carrying out a systematic exploration of the evolution of criminal law applicable to holders of public office from the Ancien Régime until today (Part One). This historic study of the evolution of substantive law and the legal doctrines associated, provide several clues allowing us in particular to understand the origin of the notion of substitutability of criminal liability with political responsibility or even to explain why the problems linked to criminal prosecution of involuntary offences have only appeared relatively recently. It especially brings to light the influence of the memory of the system of prior authorisation to prosecute on current-day debate. The study of substantive criminal law (Part Two) highlights the fact that concerning voluntary offences, holders of public office have always been the subject of specific accusations aimed at protecting the correct operation of the public services of which they are in charge. They therefore indisputably make up a distinct category of recipients of criminal law to which special rules apply. Such an observation radically contradicts the dominating doctrinal positions from 1996 and 2000. It suggests that it would not only be possible but also crucial to adapt criminal prosecution of involuntary offences to the specificities of the situation of holders of public office. Such is the position defended in this thesis. For the lack of having been definitively settled by the law of 10 July 2000, the issue of the application of criminal law to civil servants and elected representatives will necessarily be raised again before the national representation in the years to come. By contributing to exorcising the old demons of Article 75 of the French Constitution of the Year VIII, we hope that this critical essay will contribute to the fact that this Constitution is debated more serenely and on an exact scientific basis
Stoll, Claude. "Histoire des idées sur l'évolution de l'homme." Université Louis Pasteur (Strasbourg) (1971-2008), 2008. https://publication-theses.unistra.fr/public/theses_doctorat/2008/STOLL_Claude_2008_1.pdf.
Full textSUMMARY : Until the 18th century theologians and philosophers were debating on human origin. According to Genesis, the Earth was 6000 years old. Around 1866, Buffon thought that the Earth is older, 3 millions years and that species are issued from common ancestors. In 1809 Lamarck proposed that creation of the most common beings is persistent and their transformation progressive, adaptation to external environment being responsible for their diversity. In 1833, Etienne Geoffroy Saint-Hilaire considered that there are relationships between the extinct and the present species. In 1859 Darwin published The Origin of Species proposing a theory of evolution based on variation and selection. However, Wallace proposed the same theory before him, in 1855. In 1874, Haeckel postulated that man originated during the Eocene, for him the Pithecanthrope is the missing link between the great apes and man. In 1902, the mutationism was a major step in the understanding of the mechanisms of speciation. Between 1930 and 1950 the request of a consensus resulted in the Modern Synthethis which was completed, around 1970 by the neutral theory of molecular evolution and by evo-devo. According to the fossil record the origin of man is disputed. Among the numerous scenarios proposed since 1980, the most common is the one suggesting that our ancestor went out of Africa some 2 millions years ago. The results of the karyotype and the molecular biology showed that there are very few differences between the genomes of man and of chimpanzee. Recently, efforts were done to come out with a consensus. If genetic studies suggest that man and chimpanzee are sister species, they showed a paradox: there is a gap between the history of genes, their divergence and the history of species, the speciation. Many scenarios of hominisation were proposed
Andioc, Torres Sophie. "Les idées politiques et littéraires de Domingo Del Monte." Paris 8, 1993. http://www.theses.fr/1993PA080713.
Full textDomingo del monte was a central figure of the cuban society of the xix th century. He spent his life taking part in the marking events of the histoire of the colony from 1803 to 1853. He was the subject for every cultural polemics and for every political stir stemming from the conflicts between the romanticists and the neo-classicists, between the partisans of prioslavery and the abolitionists and between the reformists and the annexionists. His stances not only emerged from his actions in the society of his time. He also left us a written account in wich he proposes a wide and very complete programme meant to assure definitively the prosperity of cuba. In litterature, he recommended a raising of moral standards in plotsand language, as well as the creation of a peculiar litterature schowing the cultural originality of the island. He conceived a plan of reform for education in order to spread primary instruction to the whole population. In politic he claimed a larger autonomy compatible with the loyalty of the colony with spain. So he marked the history of ideas by his patriotism and his conception of the citizen utility
Wegener, Kim. "Le vécu de réalités fictives : histoire des idées et psychopathologie." Brest, 1997. http://www.theses.fr/1997BRES1008.
Full textFoisy-Geoffroy, Dominique. "Les idées politiques des intellectuels traditionalistes canadiens-français 1940-1960." Thesis, Université Laval, 2008. http://www.theses.ulaval.ca/2008/25480/25480.pdf.
Full textBlanc, François-Pierre. "L'adultère en droit pénal français : histoire juridique et politique d'une infraction : 1803-1975." Perpignan, 2003. http://www.theses.fr/2003PERP0495.
Full textAdultery has figured in various forms in the repressive arsenal of successive legislators who, from the 1789 revolution to the current day, have studied fidelity between spouses ; with the current disapperance of adultery as penal offence, the judical evolution of marriage shows the protection which, following successive acquisitions of new-found freedom and equality (sexual freedom, equality of the sexes, has become of less and less concern to law order. The history of adultery as a penal offence, is thus indissociable from the evolution of a socio-religious concept : the indissolubility of marriage. When associated the indissolubility of marriage, this incrimination tends to censure the finality, which is notably to enable christian spouses to remain as one at the centre of the united family. The penal offence thus ensures the defence of marriage, a fundamental social institution. The incrimination on the other hand, tends to disappear during periods of dissolubility of marriage, when it loses its consistence, to leave the institutional field for simple contractual field ; in this case adultery is simply a civil incident. Two important period mark recent history of adultery as a penal offence. From 1816 to 1884 it was the main rampart af the indissoluble marriage (Part I) ; from 1884, the offence, henceforthat the service of dissoluble marriage, lost any reason to exist and became ineffective before completely disappearing (Part II)
Martin-Condé, Francette. "Les idées gnostiques chez Flaubert." Nancy 2, 1990. http://www.theses.fr/1990NAN21017.
Full textBeyond its historical character, Gnosticism is also an existential attitude; Gnostics ideas may reappear spontaneously through ages without being brought by a direct tradition. After a search which makes emerge, in Flaubert’s works, expressions, themes and a structure very much like Gnostics ones, it seems that we could as a work-hypothesis-inscribe Flaubert on the list of "instinctive Gnostics" who rose since early Gnosticism disappeared
Petges, Sophie. "Dermatomyosite : naissance d'un concept et évolution des idées dans l'école bordelaise." Bordeaux 2, 1992. http://www.theses.fr/1992BOR2M031.
Full textDreyfus, Emmanuel. "L’enseignement de l’économie à Sciences Po de 1945 à 1989. Idées économiques et formation des élites." Thesis, Paris 4, 2011. http://www.theses.fr/2011PA040223.
Full textStudying the way economics has been taught at Sciences Po means shedding light on students' and professors' ideas concerning economics. In both of these two categories one finds most of the high civil servants specialising in economic affairs, but also French politicians. Economics gradually became one of the most important subjects to be taught at Sciences Po, which corresponded to the growing intervention of the French state in the economy. The traditional "économie politique" gave way to the "science économique" which was more mathematical and Anglo-Saxon. However, the high civil servants working for the Treasury went beyond theoretical polemics concerning liberalism, Keynesianism, Marxism and monetarism, subjects taught at Sciences Po - they supported a pragmatic policy and favoured a "moderate state liberalism". The School, situated on the rue Saint-Guillaume in Paris, comes across as a vital place in the making of an autonomous body of high civil servants who are intent on preserving the values of the French state, are close to politicians and also often run French firms
Sassier, Philippe. "Le thème de la pauvreté dans l'histoire des idées politiques en France : de la Réforme à nos jours." Paris 2, 1989. http://www.theses.fr/1989PA020107.
Full textWhat is the meaning of such words as "poor" or "poverty" when used in political theory? the apparent multiplicity of meanings may be reduced to three constants : the need for order, defined in the widest and most concrete sense (natural order, moral order, civil order) ; the need for utility material or otherwise) ; the need for gratuity. The history of the theme of poverty is an account of how these three constants have been interpreted and combined. Only by studying a long period of time, can we explain these interpretations depending on how the poor were considered, concretely, at a given period. Thus, in the 16 th and 19 th centuries, the poor is one of chaos ; in the 18 th century, he is useful and virtuous, in the 20 th century, the poor is of the oppressed or man alone. These images finally represent the most important need at a given time, what the political
Asselin, Pierre. "Le IIIe Reich et le projet national du Québec, étude comparée des idéologies politiques allemandes et québécoises, 1918-1945." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0010/MQ26149.pdf.
Full textFiorentino, Karen. "La seconde chambre en France dans l'histoire des institutions et des idées politiques (1789-1940)." Aix-Marseille 3, 2006. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D9%26selfsize%3D1.
Full textThe second chamber in France cannot be conceived like a fortuitous institution, a concession made to the "conservatives", an assembly with a political guideline definitively formulated by a mode of poll. First of all it's a product of the French constitutional history, itself influenced by political authors and actors who endeavoured, from 1789 to 1940, to bring the intellects of their time to understand the interests of this organ within a regime wether it's monarchical or republican. The Senate of Vth République can be understood only in the light of what were the various high assemblies, but especially without an analysis of the bicameral doctrine which bring, throughout two centuries, necessary elements to the rooting of the second French chamber. However this "adoption" did not have anything obvious in a unit State, which was infatuated with equality where this institution could only be unfavourably compared with the American Senate or the British House of Lords. Nevertheless, time after time, throughout the constitutional debates, emerges the profile of a body suitable for the French nation and its specificities, that the Republic will finally ratify
Genet, Jean-Philippe. "Les idées sociales et politiques en Angleterre : du début du XIVe siècle au milieu du XVIe siècle." Paris 1, 1997. http://www.theses.fr/1997PA010693.
Full textGhali, Noureddine. "L'"avant-garde" cinématographique en France durant les années vingt : idées, conceptions, théories." Paris 1, 1989. http://www.theses.fr/1989PA010579.
Full textThe films produced by the french "avant-garde" movement during the twenties are important in number but avery few of them have survived to our time. So it is practically impossible to make a large survey about them today. But it is somehow easier to study the ideas and the theories expressed by the "avant-garde" filmmakers and film critics. The first wave of the movement (1919-1924) is represented by the famous figures of ricciotto canudo, louis delluc and emile vuillermoz. Those three have put the accent about the moving pictures as an art, the seventh and the last of the arts system in canudo's opinion. Therefore all the artistic elements of the art of the movies were taken into consideration, for example the nature, the decoration, the editing, the relationship with the other arts and especially music, etc. The second wave of the movement (1924-1930) has as a leading figure the female director germaine dulac who has got a lot of young disciples during that period. The major theory of that second wave is turning around the idea that the movies are an independent art which must find its whole elements in itself. That is what was called "cinema pur" (using abstract elements in the film and finding its material only in the movement and the rhythm). This second period is also dominated by the expression of the dream in the films; that last theory is especially due to the surrealistic movement
Desbrousses, Hélène. "Représentations savantes et représentations communes des formes de l'Etat." Paris, Institut d'études politiques, 1993. http://www.theses.fr/1993IEPP0007.
Full textOur aim is to express, through the study of the representations, both learned and common, of the forms of the State, a general principle of classification of the different States, related to the concept of sovereignty. Two main sources are used for this purpose : a corpus extending from the end of the seventeenth century to the contemporary period, and a series of interviews from "ordinary" people, collected in France during the last ten years. The analysis of "learned" representations, in a framework of specific criteria, enabled us to characterize for each work studied, notional articulations, and to situate the ultimate locus of sovereign authority. The collected data of the detailed studies shows two great configurations concerned with different specifications : the modern political configuration and the fundamentalist configuration. The analysis of "common" representations, focussed on the expression of the specific structures of the different notions taken into consideration, led us to discern nodal images corresponding to the different empirical forms of State. Two sovereign principles and two great concepts of State (the State as a form of political association and the State as power of domination) are distinguished by the examination of all these nodal images. The comparizon of the two series of representations shows the existence of a discrepancy between the contemporary learned views and common lay views. A possible mean of unifying these different representations could be found in the very concept of sovereignty, related either to a human or an extra-human origin, to a political or a meta-political principle
Padova, Mariateresa. "Esquisse d'une sociologie des ideologies contemporaines : l'exemple d'arguments 1956-1962." Paris 7, 1990. http://www.theses.fr/1990PA070049.
Full textArgumepts, a review directed by e. Morin and published in paris by editions de minuit from 1956 and 1962, is the topic of this thesis. As fejto said, arguments was 1956'message. And by that it marked a phase of the french awareness giving it an important part in the history of contemporary ideas. The study contains a first part devoted to arguments'genesis reconstructed throught relations with ragionamenti, witnessings and articles of that period; an analysis of arguments'evolution whers is possible to point out a first phase centrated on marxisme and his revision and a second one where editorial staff try to face planetary era; and of arguments'death with a balance of the experinece, of its part in the historical context and of its contribution to the development of the future history of ideas. The second part is devoted to the analysis of documents: letters exchanged amond differents members of arguments and ragionamenti and the recording of an arguments'meeting dated 10. 1. 1959
Saïdani, Mohamed. "Histoire d'une représentation : l'image de l'Algérie précoloniale dans le discours politique algérien (1945-1976)." Montpellier 1, 1986. http://www.theses.fr/1986MON10032.
Full textThe objective of this study is an attempt at interpreting the image of precolonial algeria, such as it was presented by the nationalist movment, then reconstituted by the algerian state. This study attemps an analysis of the image "state and nation" and the subsequent discussion there on. The essential interrogations relate to ideology social class and a perception of the past. The articulation of this discussion is the central theme of an study. It not just a matter of linguistics, but a question of : what are the relative weightings of the classes involved and their relative influence on the past?
Fernández-Christlieb, Federico. "Les idées de l'aménagement urbain et les espaces de la ville de Mexico au XIXe siècle." Paris 4, 1998. http://www.theses.fr/1998PA040046.
Full textBehind urban forms, buildings, squares and streets, there are ideas, theories, currents of thought, histories and metaphors that shape them. This work searches to identify the correspondence between the ideas of urban planning and the resulting spaces of Mexico City from 1783 to 1911. The study of the sources of that time showed that for the urban planners, the city could be seen as a living organism that could be sick and that could be treated by the intervention of the urban physicians: the hygienists. Another point of view shows that the city was also a machine invented by the engineers of the industrial revolution in order to render it more efficient. The city was as well conceived as a system of thought by administrators mobilizing technical equipment and political decisions to give an order to the urban spaces. Three of the five chapters of this dissertation deal with these three metaphors; organism, machine and system. The other two chapters describe the geometrization of territory through the idea of progress and the result of that geometrization: the neoclassical urbanism. Our approach is at the same time a rarely used method in historical geography but a precious tool for the analysis of the city
Goršenina, Svetlana. "De la Tartarie à l'Asie centrale : le coeur d'un continent dans l'histoire des idées entre la cartographie et la géopolitique." Paris 1, 2007. http://www.theses.fr/2007PA010531.
Full textChahsiche, Jean-Michel. "Le marché français du livre d’économie (1945-2015) : contribution à une histoire sociale des idées économiques." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D063.
Full textWhat do we learn when studying economic ideas through their impagination? In this dissertation, we take the stance that economic ideas are partially elaborated according to the specific logic of cultural industries: the economy is indeed represented through several means such as books, scientific papers, press articles, but also comic books, documentaries or paintings. Each of these formats has an impact on the production and consumption of economic ideas. This stance unfolds in three distinct research paths. First, the production and consumption of economic ideas are analysed as cultural practices bearing high profits of distinction. In post-WW2 France, economic knowledge has been central in claiming political legitimacy, as well as in individual and collective strategies to reinforce positions in the political space, public administration, private companies and academic institutions. Second, by focusing on cultural mediators – here, publishing companies – we show that there is no automatic relation between supply and demand of economic ideas: by working on that relation, publishers directly participate in the making of the cultural goods being traded (here, economic books), as well as they take part in the production of legitimate authors and readers of economic ideas. Most specifically, we show that publishers largely contributed in making economics the knowledge of “white collars” (the cadres), therefore participating in the affirmation of that social group. Finally, analysing the market of economic ideas enables us to shift our focus from an academic-centered approach of the history of economic ideas. Authors of economic books indeed form a multi-professional space, in which scholars neighbour high civil servants, business and political leaders. This dissertation hence initiates the cultural study of an “economic culture” which, by being opposed to “ideologies”, constitutes a powerful means in legitimizing or contesting the social order
Rousselot, Lucie. "Des idées de nature : appréhender la diversité pour refonder l'action collective." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSEN026/document.
Full textThis thesis aims at exploring the role cultural perceptions of nature could play in redefining in depth human action towards nature. Whether on purpose or as an incidental result, humankind has since the dawn of humanity first modified then destroyed nature. Yet, when looking at cultural perceptions of nature it appears that cultures developed a strong attachment to some representations of nature. The presumption explored here is that these cultural perceptions, in their diversity, in their multiplicity, could be key to redefining our whole relation towards nature. To that effect, this thesis studies the idea of nature and its evolutions throughout history in different cultures in order to render it effective in international negotiations. Three countries are explored: France, Japan and the United States in order to isolate cultural perceptions and to understand how they can be mobilized to redefine collective action
Razanadrakoto, Lucien. "Idéologie et politique dans la pensée malgache traditionnelle." Paris 4, 1986. http://www.theses.fr/1986PA040024.
Full textTejada, Luis. "Le socialisme indo-américain : l'idéologie politique de la génération des années 20 au Pérou." Paris, EHESS, 1998. http://www.theses.fr/1998EHES0055.
Full textThe scope of our thesis is to study the political ideology of the generation of the years 20, in peru and latin america. The reconstruction of this speech is fundamentally based on the intellectual contribution of the peruvians victor raul haya de la torre and jose carlos mariategui. Young workers, students and intellectuals of several countries have also collaborated to the elaboration of this discourse. This political ideology constitutes the response of this generation to a historical situation that is marked, externally by the crisis of values that bring the post-war period, the russian revolution, the growing of the yankee imperialism on these countries; and inwardly, by indigenous uprisings, the workers movement belligerence, the university reform, the celebration of the centenary of america latin independence, the crisis of the oligarchic system, etc. These events, in their totality, give form and content to the speech of this generation. In the framework of social history, we show the role of the movement of the university reform in socialisation and reconciliation, in peru and in several countries; how this generation became a social generation; the emergence, for the first time, of popular masses on the political scene as a social structure with will of power. With these facts and circumstances, the discourse has developed essential ideas as: the continental nationalism or americanism, the reform of the state, the system of one-party for classes, the representation of interests, the collective citizenship, the functional democracy, etc. Finally, through the perspective of americanism, this ideology proposes two new political stakes: 1) a new definition of socialism in america, facing the indian problem and the continental nationalism; and 2) a new dimension in international relationships where the continent is a sort of mediator between the homeland and the world, in this way giving birth to continental block ideas and world balance of power
Vander, Linden Marc. "Archéologie, complexité sociale et histoire des idées: l'espace campaniforme en Europe au 3e millénaire avant notre ère." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211540.
Full textMoreira, Vasconcellos João Gualber. "L'Invention du Coronel : les racines de l'imaginaire social brésilien." Paris, EHESS, 1992. http://www.theses.fr/1992EHES0020.
Full textThis work deals with the political culture that favored the establisment of a local power structure in brazil (colonelisme). The central ideal places the "coronel" as one of the mains actors of the political history of brazil. It is through this local power broker that the political system was built. Fron 1930, the political importance of the "coronel" ne progressive delcine. Nonetheless, this local political chief will retain some power. He outlives nimself trough his main heirs: techno-burocrats and populist politicians. New actors whose political actions is died to the political culture and logic of the "coronel"
Svampa, Maristella. "Penser le Facundo : civilisation et barbarie dans la culture et la vie politique argentine." Paris, EHESS, 1992. http://www.theses.fr/1992EHES0016.
Full textSince the publication of sarmiento's facundo (1845), the dichotomic image "civilisation or barbarity" has held an important place in the history of argentina. We have reconstituted the path this image has taken as much in the political sphere as in that of culture, indicating the different uses and functions it has had in several periods of argentinian history: the long period which opens with the "conservative republic", and wich closes up again with the post-peronist epoch. We can first of all reveal two principal functions, to understand "civilisation or barbarity" as a principle of political ligitimation and as mechanism of political invective. Following that, the role that it played for the intellectuals in the thirties and the fifthies, which implies a political repositionning in regard to the old liberal plan. Finally, the importance of the image as a representation of the social and as a global conception of history
Robitaille, Christian. "Une sociologie de l'action : évolution d'un concept et présentation d'un paradigme." Thesis, Université d'Ottawa / University of Ottawa, 2021. http://hdl.handle.net/10393/42624.
Full textBujadoux, Jean-Félix de. "Rationalisation du parlementarisme en France (XIXe-XXIe siècles)." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020028.
Full textThe concept of the rationalization of parliamentarism was cleared by Boris Mirkine-Guetzévitch in 1928 from his study of the Constitutions adopted in the new European countries from the Treaty of Versailles. It refers to a process of written codification of the practices and usages governing the relationship between the executive power and the assemblies in a parliamentary system, in order to adapt them to a specific purpose.In France, like other European countries during the same period, this process was pursued by the constituents in 1946 and again in 1958. However, the idea of rationalizing parliamentarism according to a given representation of the regime in our country, our parliamentary origins go back much as far back as the nineteenth century to the widespread use of this technique after the First and Second World Wars in European parliamentary democracies.In addition, the approaches of the idea of rationalization, through the different corpora forged by the political actors and the publicists, appear more dense and numerous in the French constitutional debate to the point that one can evoke rationalizations of parliamentarism in France. and distinguish, in a general classification, three categories - cameral, governmental and arbitral - of rationalization of parliamentarism. These three categories could be implemented, alternately or cumulatively, in France at the end of the third, then under the Fourth and Fifth Republic with contrasting effects on the functioning of institutions. Today, the rationalization of parliamentarism remains one of the structuring pillars of the French parliamentary system
Lejmi, Hafedh. "L'enseignement de la musique en Tunisie : évolution des idées et des pratiques de la pédagogie." Paris 4, 1996. http://www.theses.fr/1996PA040122.
Full textThis program is for evolution of ideas and pedagogical practices in Tunisia. There is different ways to teach the music. At first we practiced in the occident al countries. We put the accent in technical aspects of the music and vocal or instrumental writing. Secondly we meet in original countries a traditional music transmitted by "oral voice" without using notation. This is a new style of teaching traditional music and a pedagogic's evolution of ideas and practices to make the traditional music of Tunisia fresh style
Friji, Noureddine. "La construction historique du droit pénal du travail au Maroc." Perpignan, 2010. http://www.theses.fr/2010PERP0987.
Full textIn positive law, the specialty of Labour Criminal Law in relation to Criminal Law is unquestioned, even if the limitations of the discipline may vary. Through the intersection of multiple sources and the conditions for the emergence of this subject, whose antiquity and independence vis-à-vis the Criminal Law can be proven, a specific study was necessary. From 1912 to 2004, the date of coming into force of the new Labour Code, complex and specific criminal provisions concerning the understanding of the protection of workers have been released. From the standpoint of criminal laws, this research aims to make sense of all major policies undertaken by Morocco for more than half a century and to demonstrate the uniqueness of the Labour Criminal Law in relation to the General Criminal Law. This distinctiveness is true in the case of offences and suppression
Li, Ting. "Aux sources de la pensée chinoise : l'oeuvre du P.de Mailla(1669-1748) et l'histoire des idées européennes." Thesis, Montpellier 3, 2015. http://www.theses.fr/2015MON30032.
Full textAt the source of the Chinese thought: the work of Father Mailla (1669-1748) and the history of european ideasJesuit missionary in China, Father Mailla published a monumental work about chinese history and the origin of Chinese culture. His General history of China had a considerable echo in France and Europe. The book was part of the long list of scholarly works published about China by the Jesuits. However, the polemics were born due to the author's affirmation about chinese high antiquity, who seemed to challenge the biblical chronology.The thesis puts the book of Father Mailla in its historical context; it studied the gestation and the diffusion in the European area, and particularly in France. The Research also focuses on the influence of Chinese thought to the european writers and philosophers in the seventeenth and eighteenth centuries. Through the reception of “history”, we also discover the difference between two types of philosophical culture, particularly with regard to the vision of the cosmos and of the history. The divergent metaphysical systems are brought to light in a transcultural perspective, where the mirror effects extend the search for meaning.Key words. Mission(missionary), history, jesuits, chronology, cosmology, value, intercultural and transcultural studies, seventeenth and eighteenth centuries
Le, Roy Hervé. "Aspects de l'idéologie politique en Bretagne à travers les chroniqueurs (XIVè-XVè siècles)." Bordeaux 1, 1995. http://www.theses.fr/1995BOR1D009.
Full textThe mediaval breton chroniciers tried to promote a specific historiography to sustain theirs dukes'claims to indemendance but several obstacles compelled them to reduce theirs claims. The legendary sources cannot assert an absolute unique originality of the bretons : these people pretend to be equal to other great european peoples after their common trojan ancestry. The armorique princes, according to chronicles, must keep a restraint attitude towards their king for feudal, sentimental and family ties prevent any absolute rupture. Alain bouchart dare not expose too openly the pernicious influence of french aristocrats on the last duke, francois ii, to avoid any claim from the king about the deserters to brittany. He, particularly, put the blame for the final disaster upon landais, a favourite to francois ii before becoming his master and a tyrant to his country because of the guilty renunciation of the king. Here appeard the modernity of the attitude of bouchard, a contemporary to commynes, in a period of realistic renewing of the notion of tyranny ou of religions field and emphasizing the rightful opposition of official bodies (aristocrats and officers) to dictatorship
Le, Roy Hervé. "Aspects de l'idéologie politique en Bretagne à travers les chroniqueurs (XIVè-XVè siècles)." Bordeaux 1, 1995. http://www.theses.fr/1995BOR40009.
Full textThe mediaval breton chroniciers tried to promote a specific historiography to sustain theirs dukes'claims to indemendance but several obstacles compelled them to reduce theirs claims. The legendary sources cannot assert an absolute unique originality of the bretons : these people pretend to be equal to other great european peoples after their common trojan ancestry. The armorique princes, according to chronicles, must keep a restraint attitude towards their king for feudal, sentimental and family ties prevent any absolute rupture. Alain bouchart dare not expose too openly the pernicious influence of french aristocrats on the last duke, francois ii, to avoid any claim from the king about the deserters to brittany. He, particularly, put the blame for the final disaster upon landais, a favourite to francois ii before becoming his master and a tyrant to his country because of the guilty renunciation of the king. Here appeard the modernity of the attitude of bouchard, a contemporary to commynes, in a period of realistic renewing of the notion of tyranny ou of religions field and emphasizing the rightful opposition of official bodies (aristocrats and officers) to dictatorship
Deswarte, Thomas. "La pensée politico-religieuse de la "reconquête" dans le royaume d'Oviedo-Léon : de la destruction à la restauration (VIIIe-XIe siècles)." Paris 4, 2000. http://www.theses.fr/1999PA040146.
Full textJaume, Lucien. "Le discours jacobin et la politique moderne." Paris, Institut d'études politiques, 1987. http://www.theses.fr/1987IEPP0005.
Full textThis study involves both a political and a historical assessment of major Jacobin speeches, from the beginning of the French revolution up to Robespierre's fall from power -9 Thermidor, an II. I have reckoned that French jacobinism provided an appropriate observatory to examine the birth, basic assumptions and ambiguous character of modern democracy; indeed, the Jacobin movement should be replaced within the close bounds of the French political context, as is clearly shown in chapter number four by a comparison with the American federalist papers. All collected data have been processed according to three main headlines: individualism, sovereignty, and representation - a method derived from an earlier book on Hobbes (Hobbes et l'Etat representa- tif moderne, Paris, P. U. F. ,1986). Obviously the Jacobins, like most revolutionaries, did not propound a clear-cut, let alone a lasting concept of representation. This derives first and foremost from the French notion of sovereignty. I have equally checked the existence of a monist pattern of sovereignty, inherited from the role of the crown in an absolute monarchy and the roman catholic background. This explains the Jacobins' handling of political representation, in its multifarious aspects at the time. Moreover that process went through several stages. At first, while in opposition, the Jacobins dissociated genuine popular sovereignty from "alienation", a surrender of people's rights into the hands of their representatives. But once their Girondin opponents had been eliminated - June 2,1793 they came to adopt a concept of representation which emphasized their legitimacy and fully assimilated their power to that of the people. This might be related to Rousseau in the first case (sovereignty vs representation) and to Hobbes in the second (sovereignty equals representation), but still, the real issue hinged on the unity of the people. Modern democracy seems to foster doubts on the positive effects of representation for popular sovereignty, including the drift towards egalitarian "despotism". In fact, this statement should be modified by a revaluation of the liberal creed of 1789 (see Lally-Tollendal), and the comparison with the American constitution as analysed by Madison, Hamilton and Jay. Montesquieu and his followers may help solve the Jacobin contradiction between the two models from Rousseau and Hobbes
Lageste, Christian. "La théorie des cycles politiques dans l'antiquité gréco-romaine." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32015.
Full textThe theory of political cycles as a orderly, regular and repetitive succession of forms of governments that appears for the first time with Plato is a methodical synthesis between the greek cities governments' historical evolution, the different aspects of the presocratic conceptions of time and the typology of constitutional forms. Plato elaborates the first theory that combines both determinist and transformist conceptions of history through a juridical and moral, material and psychological approach of the unavoidable political change. With Aristotle, the theory becomes empirical and concerns the whole institutional history of the greek cities. He gives up the strict determinism of the platonism in order to understand the causality of political change. With Polybius at Rome, the theory becomes more complete to explain the natural laws of constitutional evolution of cities as Rome or Carthage, the superiority and the durability of the roman mixed constitution even if it will degenerate too, as every political bodies, political decadence on which every jurists, poets, historians will take care through ideas of Roman eternity, moral corruption, cyclical reappearance of golden age. Cicero after Polybius links the political cycle with the mixed constitution. His approach is eclectic and his conception of the political cycle is the last of the Antiquity, even if it will be used by Augustus to proclaim the restoration of the Republic. Under the Empire, the theory suffers from several mutations and disappears, replaced by poetical, historical, philosophical and cosmological cyclic conceptions of time and roman evolution attacked by christian thinkers who accept nevertheless some aspects of the pagan cyclical view of time. Never directly attacked in its strictly political or constitutional version, the theory of political cycles has been accepted as a common place by the most important political thinkers of the pagan Antiquity in order to definite a political temporality and the laws of constitutional change and becoming of the greek and roman cities. It finally represents a general reflection about the laws of birth, growth, decline and death of the constitutional organizations through juridical and political process based on the laws of history and the search of the best government, and an important contribution to the understanding of the links between the history of institutions and the history of political ideas
Choné, Rosette. "La circulation transfrontière des objets, des idées et des hommes, entre Meuse et Rhin : 1815-1870 : histoire culturelle interfrontière." Metz, 1996. http://docnum.univ-lorraine.fr/prive/UPVM_T_1996_Chone_Rosette_LMZ966_1.pdf.
Full textIn 1815, the treaty of Vienna isolated France from the rest of europe. How open was the border in the region between the Maas and the Rhine to traffic in artifacts, ideas and people despite the authority of the Sainte-Alliance ? This study of the years from 1815 to 1870 suggests that three somewhat overlapping periods can be distinguished by variations in the form, frequency and intensity of international cultural exchanges. 1) Traffic of things : a period in which the concept of an economic and technical border region emerged. 2) Traffic of ideas : a turbulent period resulting from antagonisms and conflicts between peoples with great social, religious, political and linguistic differences which historical frontiers could not confine. 3) Traffic of men : a period in which commercial, industrial and artistic exchanges developed between the border region and other european countries. Some illustrations complete the text
Alléaume, Nicole. "Jean Rey, un précurseur de Lavoisier : Formation et circulation des idées scientifiques de Jean Rey au travers d'une relecture de ses Essays (1630)." Bordeaux 2, 1996. http://www.theses.fr/1996BOR2P002.
Full textLolies, Isabelle. "La protection pénale de la vie privée." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32060.
Full textHoffmann, Michael. "Ordre, famille, patrie : perception et influence de la Première Guerre Mondiale sur la Droite modérée en France pendant les années 20 : Naissance d'un parti, culture politique, milieu social." Paris 4, 2005. http://www.theses.fr/2005PA040040.
Full textThe object of this research has been the parliamentary Right in France after the First World War. It has been established first as a parliamentary group, l'Entente Républicaine Démocratique, and - after 1924 - as a political party, the Fédération Républicaine de France. Two political mouvements have been mingled in this party after the war, and that is the republican progressists and the catholic ralliés. The aim of the thesis was to analyse, why these two mouvements have mixed and what role the First World War played in this process. To answer this question the dissertation refers to the theories of cultural history, and consequently it is based on the theoretic model of "political culture". The research was concentrated on the interpretation of texts, speeches and also political symbols which made it possible to explain the fundamental values and the sensibilities of the parliamentary Right. It became obvious that the First World War put an end to the so-called "War of the Two-France" between catholics and laicists and that it has been seen, especially by the members of the FR, as a proof of internal reconciliation and of the grandeur of France. Moreover, there were also political aims, which the two movements had in common after the war: the parliamentary and constitutional reform, family policy, regionalism, protectionism etc. Finally, to come to a better understanding of the relations between the political party and the social milieu, one third of the thesis was dedicated to the examination of a regional case, i. E. The birth of a party of the parliamentary Right in the French Departement Doubs
Brassat, Emmanuel. "Education, apprentissage et connaissance : la formation des idées pédagogiques." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100030/document.
Full textSince the beginning of human sciences at the end of the eighteenth century, scientific pedagogy and psychology were founded conjointly around questions of the development and learning activity in childhood. The ideas of activity, development and learning have allowed to establish the empiricist hypothesis of a psychogenesis of mental faculties that would be proven naturally by the successive phases of childhood. The movements of New Education, stemming from the philosophical and pedagogical theses expounded in Rousseau’s Emile in 1762 have provided the ideal of a negative education founded on the activity of the child as spontaneous expression of his vital and spiritual forces with its practical dimension. It is in the intertwinent of a metaphysics of activity, a liberal and humanist conception of education, an emancipatory rationality, and pedagogical psycho-physiological perpectives marked increasingly by evolutionism and utilitarianism, that the principal paradigms of contemporary pedagogies were born : sensualist, vitalist, pragmatic, functionalist, and finaly constructivist. In the vein of M. Foucault this thesis proposes an archeological and genealogical analysis of the philosophical and epistemological apparatus or ”dispositives” that, converging and diverging, made the formation of these pedagogies possible. It seems that Rousseau did not only write the program of their deployment, but also anticipated the contradictions that the latter would encounter during the subsequent institutional crisis of modernity
Mellet, Paul-Alexis. "Passé et présent chez les monarchomaques protestants de langue française, vers 1560-vers 1600." Tours, 2004. http://www.theses.fr/2004TOUR2015.
Full textThe first question the author examines is : what is a monarchomach treatise ? He distinguishes five categories, and establishes a corpus of ten monarchomach books. These treatises are different from the pamphlets composed after the Saint-Bartholomew's day trauma. Their diffusion in Europe in the late sixteenth century means that they escaped censure. Their constitutionalism is based upon a limited king and a extended Parliament. Past and present are destined to fulfill an institutional function
Jean-Baptiste, Fabienne. "Feuilletons et Histoire. Idées et opinions des élites de Bourbon et de Maurice dans la presse de 1817 à 1848." Phd thesis, Université de la Réunion, 2010. http://tel.archives-ouvertes.fr/tel-00634385.
Full textSamuel-Scheyder, Monique. "Johannes Cochlaeus (1479-1552) : l'humaniste et le débat des idées de son temps." Nancy 2, 1989. http://www.theses.fr/1989NAN21012.
Full textVachet, Claire. "Le droit saisi par l'anarchisme. Étude du discours des militants libertaires (1870-1926)." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0241.
Full textBetween 1870 and 1926, anarchists criticism of the state includes criticism of law, and the themes they tackled in this area are vast. From the rejection of the social contract, to the rejection of the law, to the history of law and state, state law is, for them an enemy. Anarchists then think anarchy is in contradiction with it. The normative architecture of the anarchist society gives a large place to the free association of individuals and to the consent of each individual to the norm. However, it also relies on naturalist foundations : the reference to the natural sciences, combined with social sciences, leads militants to justify anarchy in support of the scientific truths accepted in their time. The reference to nature, natural law and morality made the anarchist society a normative order that could bring it closer to state law, which it opposed. The study of the discourse on law of anarchists during 1870 to 1926, through the study of the literature and the propaganda press, highlights this ambivalence. Although jurists often sum up anarchism as “propagande par le fait”, and reduce it to anomie, the recent historiography of legal thought tends to assert the opposite. This thesis demonstrates the complexity of the presence, both implicit and explicit, of law in anarchist thought
Bigonville, Delphine. "Association des idées et intuition: la réponse des architectes anglais à la Querelle des Anciens et des Modernes." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209775.
Full textDoctorat en Histoire, art et archéologie
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Widendaële, Arnaud. "La vidéo au regard du cinéma : pour une archéologie des "idées de vidéo" dans la presse cinématographique française (1959-1995)." Thesis, Lille 3, 2016. http://www.theses.fr/2016LIL30020/document.
Full textSince the Eighties, several film scholars (Philippe Dubois, Raymond Bellour, Jean-Paul Fargier) have assigned fixed identity to video in order to emphasize its fundamental difference with cinema. We intend to reconsider the relations between cinema and video in a way which would avoid these ontological dictinctions based on technology. This thesis would like to give its heterogeneity back to video and bring to light some analogies with cinema by examining texts about electronic uses in theatrical released movies. The purpose is to identify and analyze several « ideas of video » (on the model of François Brunet's « idea of photography »), drawing on three ranges of objects : press reviews, filmmakers statements and movies themselves. Building on Michel Foucault's archeology, this investigation aims to re-think a history of the relations of cinema with video focused on discourses. One of our requirements is to challenge the idea of historical continuous progess and use two Foucaldian models instead : « discontinuity » and « dispersion »
Liogier, Raphaël. "Introduction à une approche politique de l'occidentalisation du bouddhisme." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32030.
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