Dissertations / Theses on the topic 'Norms hierarchy'
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Kurz, Aaron. "Shared Norms, Hierarchical Maintenance, and International Hierarchy." Thesis, University of North Texas, 2013. https://digital.library.unt.edu/ark:/67531/metadc283783/.
Full textAssar, Nandini Narain. "Gender hierarchy among Gujarati immigrants linking immigration rules and ethnic norms /." [Blacksburg, Va. : University Libraries, Virginia Polytechnic Institute and State University, 2000. http://scholar.lib.vt.edu/theses/available/etd-04262000-18590048.
Full textAssar, Nandini Narain. "Gender Hierarchy Among Gujarati Immigrants: Linking Immigration Rules and Ethnic Norns." Diss., Virginia Tech, 2000. http://hdl.handle.net/10919/11115.
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Göransson, Rebecka. ""Hela mitt liv har jag sagt att jag ligger runt" En studie om asexualitetens innebörd och dess relation till den obligatoriska sexualiteten." Thesis, Malmö högskola, Fakulteten för hälsa och samhälle (HS), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-27025.
Full textThe concept of asexuality is relatively unexplored and surrounded by many questions, why the purpose of this essay has been to illustrate the meaning of asexuality as well as the experience of being asexual in a society where expressing your sexuality is considered to be a crucial part of the individual´s health and wellbeing. In this essay interviews have been conducted with nine self identified asexual individuals, aged 18 to 45 years and indicative questions in the essay are: How do the informants describe asexuality and its meaning? What has the individual process of embracing its meaning looked like? How do the informants experience society´s approach to asexuality and what percpetion of asexuality do they feel that society has over all? Are the informants affected by the compulsory sexuality as a normative system and if so, how is this reflected in their stories?This study shows that asexualty is a complex concept that includes both individualism and diversity. Asexual individuals face distrust and questioning attitudes in society, based on assumptions of an essential sexuality, which reflect compulsory sexuality as a normative system. The informants ask for an understanding of the excistence of asexuality, as well as acceptance of the fact that the need for sexual expressions is different for all people. Furthermore the study shows parallel descriptions of asexuality as congenital and inherent, as well as something highly variable, which can be related to the norms that affect the perception of asexuality and other non-sexual expressions. These expressions exist, regardless if they are described as temporary lack of sexual desire or life-long asexuality and therefore there is a value in broadening the perception of both sexuality and asexuality. This broadening can create better conditions for wellbeing in relation both to asexuality, and sexuality as changeable during the path of life.
Ducol, François. "Droit et développement urbain durable." Thesis, Dijon, 2016. http://www.theses.fr/2016DIJOD002/document.
Full textThe urban sustainable development is nowadays a main notion in the discourses about the city and in the concerning public policies. If it isn’t a simple variation of the sustainable development applied to the urban matter, it resumes many of its main principles, which are for some of them keeping with the long story of town planning. In any case, those principles are irrigating the urban law today. But from the legal rule to the concrete action is the way sometimes long, in order to limitefficaciously the urban sprawl or to reduce the urban pollutions for example. For a few year the frenchurban law is however being deeply transformed in order to contribute to resolve these problems and others, and to encourage the urban sustainable development. Thanks to which tools ? And despite of which obstacles ? These obstacles are not insignificant, and the even sound the real capacity of the French law, as it stands, to promote the urban sustainable development on the scale of the pertinent urban spaces, and not to block it
Poli, Philippe. "Les juridictions ordinaires françaises et le contrôle de la constitutionnalité des engagements internationaux." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32090.
Full textIn order to decide a case in accordance with applicable law, French ordinary jurisdictions are lead to determine whether applicable international rules comply with the Constitution. This supervision was long limited to the review of the insertion modalities of international treaties into domestic law and has progressively extended to the review of the external constitutionality of international rules. This evolution has compensated for the inherent shortcomings of the a priori review of international treaties carried out by the Constitutional Council, the final interpret of the Constitution. The conjugation of these two review mechanisms does not however satisfactorily address a “blind spot” in the area of the compliance of international rules to the Constitution. The fact that there are cases in which international rules cannot be reviewed jeopardizes the supremacy of the Constitution in domestic law. The Council of State and the Court of Cassation have however recognized this superiority but the refusal by ordinary jurisdictions to review the internal constitutionality of the international rules makes this superiority ineffective. The introduction of the “priority preliminary ruling on the issue of constitutionality revives the debate regarding systems relationships, and emphasizes the necessity of establishing a more complete review of the applicability of international treaties in force. Thoughts should be given to the possibility of such an evolution in the Council of State and Cassation Courts rulings. The stakes of the analysis here conducted are not only theoretical. Beyond procedural consequences, it draws a first outline of the national sovereignty, and questions as its reality
Drouiller, Camille. "Ordre public et droits fondamentaux. Contribution à l’étude de la fondamentalisation du droit privé interne." Thesis, Pau, 2018. http://www.theses.fr/2018PAUU2038/document.
Full textThe fundamentalisation of law, which has been occurring for several decades now, has had an impact on all fields. Fundamental rights have become predominant in every branch of the law, and their recognition as essential social values justifies their protection under the public policy. Fundamental rights have thus been incorporated into public policy. This study focuses on this particular aspect of fundamentalisation.This phenomenon has not only renewed the notion, but also profoundly changed it. Being broadened by fundamental rights, the concept of public policy had to be reconsidered. Originally conceived as a mechanism that restricts individual will, implemented with holistic legislative values and apprehended in a state legal order, the public policy had to be revamped after the intrusion of fundamental rights. Besides, it appears that this substantial enrichment of public policy has led to the emergence of new normative conflicts engaging public policy provisions. Not only are fundamental rights implemented into the internal legal order - in the strict sense of the term – but also into supranational legal orders, such as the European Union and the Council of Europe, which have a privileged position. Norm conflicts involving various public policy provisions and including assorted values have seen the light of day throughout all levels of the hierarchy of norms. This new type of conflicts have had an impact on the main feature of public policy, namely its normativity.The study therefore endeavours to justify the integration of fundamental rights into the public policy, and to determine the consequences of such mechanism on the notion of public policy. Besides, the review of normative conflicts involving public policy provisions has to be approached from a wider perspective of legal pluralism
Charbonnel, Lionel. "La hiérarchie des normes conventionnelles : contribution à l’analyse normativiste du contrat." Thesis, Avignon, 2010. http://www.theses.fr/2010AVIG2023/document.
Full textThe hierarchy of norms is a common notion of juridical language. Can contracts, like the Constitution regarding law, organize into a hierarchy? Three elements would put an obstacle in the way of this assumption. The relative effect of contracts, the juridical identity of theses acts and, finally, the fact that contracts are not rules of law but acts of law enforcement.Raising these obstacles one by one, obstacles that are not totally unacceptable, and demonstrating that the contract is a rule of law, allows then to theoretically admit this possibility. The study of substantive law confirms afterwards that cont can be organized into a hierarchy. This is the case of the society contract regarding the conventions of the contracting society, and of the mandate with the contract that is planned.It is then possible to study the conditions under which a hierarchical link can appear. The prerequisites for this hierarchical organization require a plurality of acts and their contractual nature. The "making up elements" of the hierarchical link are based on the assumption that the contract that holds the higher norm is with regard to the parties of the second contract
Bouya, Driss. "Le plan local d'urbanisme à l'épreuve de la hiérarchie des normes." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSES060/document.
Full textThe Local Urbanism Plan (LUP) set, within the respect of the norms hierarchy, the using rules of the soil on his territory. This hierarchy is constituted by a number of norms and principles which kept growing more and more since it was decentralized. Even though they’re different, these norms are all applicable in the same way to the LUP, with some exceptions. The LUP has to be compatible with their dispositions. This layout apparently coherent hides a high amount of imperfections. Higher norms, but not less generals, can as well be expressed in precise terms, mixing elasticity and rigidity, precision and imprecision, certitude and incertitude. Since nominative reports are not precise, they share in the first place the validity determined by the higher order, but also the incertitude affecting it. They don’t exclude the possibility it will intensify, meaning it could lead to the conformity, and neither have they excluded the weakening leading to a simple take into account. Then the LUP has to deal with these excess of rigor or weakness and to take into account the intellectuals, accessible, relatively stables, and legally secured rules. But this exercise is very tricky and a lot of towns are concerned since they cannot adopt an interpretation totally conform to the spirit of the superior norm without escaping the reproduction of the ambiguity which characterize this norm at the LUP level. As a result, LUPs become hardly decipherable and legally vulnerable since their recipients, which have hard times to give a precise meaning to this rules and characterize with precision which are applicable to a given time, are always ready to contest it. In this context, the judge received new capabilities in order to temper the litigation impact about the LUP legal security. Thus, alternatives to its cancelling are added to the drastic monitoring of the admissibility conditions of the recourse against the LUP
Dogru, Sibel, and Helena Räf. "Flickors förståelse av fenomenet hedersrelaterat våld – en kvalitativ studie." Thesis, Stockholms universitet, Institutionen för socialt arbete - Socialhögskolan, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-71794.
Full textAssaf, Elias. "From Social Networks to International Relations: How Social Influence Shapes International Norm Adoption and The Global Order." The Ohio State University, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=osu1574591937096021.
Full textTranchez, Elodie. "Les conflits de normes en droit international public." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1052.
Full textAfter years of discussion on the existence of international law, International law scholars are currently focalizing on a new subject: the disordered expansion and the fragmentation of international law. Indeed, conflicts of norms appear to be a new source of anxiety raising a new question: will international law survive? The question focuses on situations where two or more international norms impose international obligations that cannot be simultaneously complied with, which is without doubt a real challenge for modern international law. Trying to resolve that issue requires having a look on the conflict of norms resolution methods, but not only. A more theorical interrogation, that is how international law is thought as a whole, is raised by these situations. Our research shows in that aspect that very different solutions to the issue are conceivable, depending on the conception of international law as a traditional united hierarchized legal system or as a complex and pluralistic “ensemble”
Dehail, Judith. "Les musées de musique à l’épreuve de leurs visiteurs. Analyse critique des normes muséales et des rapports aux savoirs." Thesis, Paris 4, 2017. http://www.theses.fr/2017PA040182.
Full textThis research proposes an interpretation of transgression in the museum: it is understood as a prism through which to look at the architecture of the norms that govern the conceptual structure and apprehension of knowledge. The case of the music museum, observed through fieldwork in two different museums (the musée de la Musique in Paris and the Grassi Museum für Musikinstrumente in Leipzig, Germany), highlights the complexity of the steps undertaken to achieve this architecture and the problems they raise. The interviews held with visitors have indeed drawn attention to the paradox of musealizing objects which are primarily meant to produce music. The first part of my thesis intends to disentangle the multiple epistemes on which the museum of musical instruments is built. I point to the conceptions of musical knowledge around which instrument museums are organized and which they in turn, have helped to shape. The reactions of the visitors (some of them transgressive) when faced with the display of musical knowledge in the museum, also draws attention to the norms which delimit their status, and that of their own knowledge in the organization of the museum as an institution. The second part of the thesis is therefore structured around an analysis of the subsomption of the diversity of the museum visitors under the heading "museum audience" at the turn of the 20th Century. The third part focuses on the sensorial norms imposed by the museum apparatus. I analyze the conception of the sensorium on which the museum relies in order to transmit knowledge to its public and I show how the transgressions of visitors to the music museum shed light on the limits of this conception
Laronze, Fleur. "Les conflits de normes dans les relations de travail : contribution à l'étude des organisations." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10030.
Full textConflicts of norms made the object of specific analysis as part of private international law, as transitional law or else as legal logic. They were not systematized therefore to extract the conditions of their emergence within legal disciplines, more particularly labour law and company law, and the effects of their resolution on situations caught by law. An interdisciplinary perspective can, besides, be kept. And the study of conflicts of norms considered from the angle of a pluralist conception of law enlarges the problem which they put down traditionally and try to find, in the present situation of globalization, the way of a redefining of the articulation of norms and of a renewal of law. It enriches the approach of law declined in form of organizations. These last are founded on mechanisms and interests and produce law, in accordance with the theory of Hauriou and Romano. Since then, considering the heterogeneity of interests coming into sight on the international stage from everywhere, the international, european, private, state organizations, generating their own legal order are confronted. The correlation between legal orders materializes by conflicts of norms which weaken their intrinsic autonomy. Their claim of independence stands in the way of the interrelationship which characterizes their relation originally. However, the restoration of the autonomy and the strengthening of the interrelationship of organizations are essential to guarantee balance between economic and social interests, general and individual interests. They allow to control the conflict of norms which is not undergone any more but chosen, or to remove it
Sterck, Julien. "Identité constitutionnelle des États membres et primauté du droit de l'Union européenne : étude comparée de l'Irlande et de la France." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40009/document.
Full textComparing the Irish and French legal orders leads to describe the appraisal of the primacy of European Union law by the notion constitutional identity. In contrast to the claims of the European Court of Justice, the constitutional regime regarding European rules, both in Irish and French law, only provides for immunity and ultimately affirms the supremacy of the Constitution as the norm expressing national sovereignty. Still, Irish and French courts display a conciliatory attitude focused on aligning the material content of domestic and European norms. Rather than essentialism, the notion of constitutional identity represents a discourse on the Constitution whereby the identity status qualifies those constitutional norms which can defeat constitutional provisions dedicated to the prevalence of European rules as a result of an interpretative balancing process.While manifesting different affirmations of national sovereignty, the common objective of Irish and French courts is attaining increased control of the application of European Union rules. The institutional dynamics distinguishing the notion of constitutional identity as an interpretative process involve both an empowerment of the judiciary and a specific form of dialogue with the European Court of Justice regarding the conciliation between the primacy of European Union law and the supremacy of the Constitution. Judicial monologues protecting constitutional identity mean possible exclusions of the domestic application of European law and constitute an invitation to the European Court of Justice to agree to a peaceful co-existence of the two legal orders defined as a unity of words with a diversity of meanings
Jestin, Kevin. "La notion d'abus de convention fiscale : réflexions à la lumière des droits français et américain." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0461.
Full textContemporary international fiscal law is undergoing a period of upheavals regarding the use of tax treaties. The research will lead to an interest in the different type of abuse that, thanks to the work devoted by the BEPS, are under the spotlight. It was necessary to shed some new light on the notion of tax treaty abuse that had long remained in the background. Faced with the absence of an unanimously adopted approach, many characteristics will be highlighted by insisting on the functional dimension of the notion which follows the form of a standard. In the context of a comparative analysis conducted in the light of French and American law, the object of the research is to analyse its several aspects from a new perspective by defining precisely the modalities of controlling abusive schemes. How judges deal with tax treaty avoidance strategies will be analysed. The various internal and international anti-abuses mechanisms will be discussed, highlighting the points of divergence and convergence of U.S. and French tax treaty policies. Attention will be paid to the conflicts of law regarding the juxtaposition of different tax order. The idea that under the effect of the multilateral instrument the notion of tax treaty abuse has acquired a distinct individuality will be defended. It will be important to specify what are the consequences for the application of the notion by the French judge
Bouchet, Marthe. "La validité substantielle de la norme pénale." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020049.
Full textThe valid criminal norm is the one that is able to have a legal impact. It allows for the commencement of a prosecution, the imposition of a sanction, and the enforcement of sentences. Firstly, we had to demonstrate what seems manifest: far from being only a matter of respecting the formal requirements, the validity of a criminal norm depends directly on its compliance to substantial requirements that are contained in the French Constitution and the European conventions. The substantial proportion of the validity is demonstrated in two steps. The entry into force of the criminal rule is at first subordinated to its correct integration in the hierarchy of norms. Then, the improper repressive norms are systematically invalidated. Secondly, the substantial part of the validity of the criminal norm has several consequences that are in some cases beneficial but not in others. Indeed, the principles that substantially determine the validity of the criminal norm make the punishment legitimate. However, the emergence of the judge-made law raises many difficulties in a discipline that yearns for stability. In order to overcome them, it appeared necessary to suggest some key elements of resolution
Foix, Jean-Christophe. "Le constitutionnalisme en Bretagne au XVIIIe siècle : ambitions et désillusions d'une expérience politique et juridique." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G015.
Full textThe "constitutionalism", anachronistic term regarding the era of our study, must be understood as the will to circumscribe and to limit the royal power, so that the essential liberties of individuals are guaranteed. In other words, the constitutionalism refers to a system of “checks and balances” which allows to replace the rule of men with the rule of law. Then, the aim of this study is to analyze how, from 1715 to 1789, are imagined, invented, suggested and realized those limits. In Brittany, those boundaries, which are embodied by superior rules to royal power, take the form of the “constitutional" rights of Breton subjects, contained in the provincial Constitution. Therefore, the origin, the content, the nature and the evolution of the Armorican Constitution must be defined. Then, the provincial Charter and the rights it contains are used for local political claims. The aim of those requests is to temper and moderate the sovereign absolutism in Brittany. Finally, to defend such claims, the modalities and the legal mechanisms contained in the Breton Constitution are used as a means of resistance and struggle against the royal power
Cavaller, Vergés Misericordia. "El valor jurídico de los Incoterms® en el contrato de compraventa internacional de mercancías: ley aplicable y competencia judicial internacional." Doctoral thesis, Universitat de Barcelona, 2019. http://hdl.handle.net/10803/668111.
Full textThe aim of this thesis is to study the legal nature of newly released Incoterms® concerning the conflict of applicable laws and of jurisdiction in the scope of contracts for sale of goods. Since the creation of Incoterms® by the International Chamber of Commerce in 1936, these rules have been regularly updated to keep pace with developments in international trade. The Incoterms® content reflects the essence of the International Chamber of Commerce’s spirit of self-regulation for businesses. Their goal is to ascertain and reflect the most common commercial practices, promote international trade, and encourage proactive best practices. Doing so, Incoterms addresses the needs of international trade acting as a source of the lex mercatoria. The Incoterms® rules play an important role in an economic context as well as in the legal framework. They are integrated in a legal context as part of an international sale of goods contract. They operate in conjunction with other formalized laws and applicable rules of laws to the international sales contract. This thesis addresses the regulatory framework in which the Incoterms® rules reside and analyzes the place of commercial terms in the traditional source of law. The legal nature of Incoterms® determines the role these rules play in the conflict of applicable laws and of jurisdiction. This thesis also analyzes the different ways Incoterms® rules can be incorporated into an international sales contract and their direct or indirect influence on the governing law. Since its first publication, the purpose of Incoterms© rules has been to provide a set of international guidelines for the interpretation of the most commonly used trade terms in foreign trade. Thus, the Incoterms© rules address problems arising out of the inconsistent interpretation of trade terms among international trading partners and thereby reduce the number of disputes. The initial Incoterms® spirit remains in force, but it is necessary to verify whether it translates into practical effects in the direct or indirect determination of international jurisdiction. Recently, the Court of Justice of the European Union concluded that Incoterms® can be the provisions of a contract on whose basis the place of delivery can be determined within the meaning of the first indent of article 7.1 b) of the Regulation 1215/2012. This fact reveals the special relevance of these rules as an interpretative reference of the material delivery place of the goods in the international sales contract. Incoterms® rules, as key elements of an international sales contract, significantly reduce misunderstandings among traders and thereby minimize trade disputes and litigation.
L’objectiu d’aquesta tesi és l’estudi de la naturalesa legal dels Incoterms®, recentment actualitzats, en l’àmbit del conflicte de lleis i de jurisdiccions en el marc del contracte de compravenda internacional de mercaderies. La Cambra de Comerç Internacional, com organització representant del món empresarial, s’ha ocupat, des de 1936, de recopilar i actualitzar els principals termes comercials de forma regular per adaptar-se als canvis en el comerç Internacional. Les característiques dels Incoterms® reflecteixen l’essència de l’entitat creadora que promou l’autoregulació en l’àmbit professional. La seva actuació no només es limita a recollir les pràctiques més consolidades en l’àmbit mercantil, sinó que també pretén ser proactiva i impulsar el comerç. D’aquesta manera s’acosta al fenomen de la denominada lex mercatoria, que busca la regulació adequada del comerç internacional. Els Incoterms® són rellevants tant en el context econòmic como en el jurídic. Són regles que es troben integrades en el marc legal como a part del contracte de compravenda internacional de mercaderies i interactuen amb tota la normativa aplicable a aquest contracte, tant d’origen formal como informal. La present tesi aborda l’àmbit normatiu en el que s’insereixen i analitza el lloc que ocupen aquests termes comercials en el sistema tradicional de fonts de l’ordenament jurídic. La naturalesa jurídica de las regles Incoterms® determina el rol que aquestes regles juguen en l’àmbit del conflicte de lleis i de jurisdiccions. Aquesta tesi analitza també les diferents vies mitjançant les quals els Incoterm® poden ser incorporats al contracte de compravenda de mercaderies, així com la seva possible incidència sobre la normativa aplicable, tant de forma directa como indirecta. Des de la seva primera publicació, la finalitat de les regles Incoterms®ha estat la de proporcionar unes pautes per a la interpretació dels principals termes comercials en el comerç internacional, a fi de prevenir i reduir possibles conflictes entre els operadors del comerç. L’esperit inicial dels Incoterms® segueix vigent, però és precís comprovar si es tradueix, a efectes pràctics, en la determinació de la competència judicial internacional, ja sigui de forma directa o indirecta. En els darrers anys, el Tribunal de Justícia de la Unió Europea ha conclòs, de forma pionera, que la delimitació del lloc d’entrega inclòs en els Incoterms® pot constituir un criteri vàlid a efectes de determinar el fòrum contractual establert en l’article 7.1 b) del Reglament 1215/2012. Aquest fet posa de manifest l’especial rellevància d’aquestes regles com a referent interpretatiu del lloc d’entrega material de las mercaderies en el contracte de compravenda internacional. Les regles Incoterms ® com a elements clau del contracte de compravenda, contribueixen a reduir els malentesos entre comerciants, minimitzant las controvèrsies entre les parts i els litigis.
Silva-Arroyave, Sergio-Orlando. "La suprématie interprétative des juridictions constitutionnelles : étude comparée en droit français et colombien." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020026.
Full textConstitutional jurisdictions should have wide interpretative powers. However, the scope of these competences varies in different legal systems depending on the ability of other authorities to adopt such interpretations. A constitutional court has interpretative supremacy in a particular State, if its interpretations are binding for all other departments of the State. If its interpretations are just binding for some authorities, this constitutional court would simply have a superior interpretative competence toward those authorities. In order to determine the broader interpretative powers of the constitutional courts, the comparative approach is highly recommended because it makes easier to distinguish the limitations that these jurisdictions may encounter in their respective legal systems. In this way, the scope of the interpretative powers of the French and Colombian constitutional courts will be identified as well as their repercussions in each of its states
Markham, Marion. "Höflichkeit und Hierarchie bei den in Jakarta lebenden Javanern /." Frankfurt am Main : P. Lang, 1995. http://catalogue.bnf.fr/ark:/12148/cb37460851c.
Full textTheissen, Anne. "Cognition et lexique : le choix du substantif en discours. l'emploi de n en premiere mention (un n) et en seconde mention (le n et ce n)." Université Marc Bloch (Strasbourg) (1971-2008), 1996. http://www.theses.fr/1996STR20094.
Full textWHAT DECIDES OF THE CHOICE OF THE NAME IN DISCOURSE? WHY, FOR EXAMPLE, WHEN THE NOUNS POODLE OR ANIMAL CAN BE USED, THE NOUN DOG IS CHOOSED? THIS QUESTION IS NOT NEW, BUT THE ANSWERS ARE FEW AND NOT VERY EXPLICIT. E. ROSCH ET AL (1976) HAVE SHOWN THAT BASIC NOUNS ARE MOST NECESSARY IN LANGUAGE AND MORE USED THAT THE SUPERORDINATE AND SUBORDINATE WORDS. THE AIM OF THE PRESENT research IS TO EXAMINE THIS PSYCHOLOGICAL POINT OF VIEW UE IN THE FIELD OF THE DISCOURSE AND TO ELUCIDATE, PARTLY, THE MECHANISM BY WHICH A NOUN IS CHOOSEN MORE LIKELY THAN A OTHER IN DISCOURSE
David, Jules. "Le rapport de concrétisation entre actes juridiques : étude de droit public." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0187.
Full textOmnipresent in legal discourse, the issue of “application” or “concretization” of law is rarelyseen as an object of study in itself. Yet it is an understatement to say that it covers amultifaceted phenomenon, if not a confused one. This thesis aims to study it in itself and foritself, from the perspective of the relationship of concretization between legal acts. But, whileremaining in its wake, the study will go beyond the classic representation of this relationshipdelivered by the Normativist school, through the famous theory of the gradual construction ofthe law and the increasing realization of norms. It aims to demonstrate that the relationship ofconcretization between legal acts, far from the banality to which it is usually associated, isreally one of a much more complex legal transaction than it looks. This checks out first by theidentification of this relationship : in itself, concretizing a legal act means nothing to anotherlegal act. It all depends on the perspective from which the problem is considered. Under aconceptual perspective, indeed there are several cases in the relationship between legalacts. Examined by the judge, this same relationship is the subject of a contentious treatment.Subsequently it is confirmed by analysis of concretizational practice between the relationshipof legal representatives. Not only is the latter nothing neutral, but it proves to be at leastdisruptive, if not subversive, with regard to the hierarchy of norms and organs. Even thoughits purpose is to report on the overall rationality of our legal system, the relationship ofconcretization between legal acts puts it into question
Xefteri, Stamatina. "Les directives européennes, instrument juridique des autorités administratives nationales." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020022.
Full textEuropean Union directives have always been considered as a legal instrument relied upon by individuals vis-à-vis a defaulting Member State. The right to rely on directives as well as their application are examined under the sole lens of the rights of the litigants. Contrary to this perspective, the present study aims to demonstrate that directives become a legal means of intervention in the domestic legal order, insofar as national authorities rely on and apply them in their relations with citizens and other national or European authorities. The emergence of secondary legislation has disrupted the hierarchy of norms, as well as reshaped the obligations imposed on the administrative authorities. On the basis of the primacy of European Union law and the imperative of efficiency in all Member States, the legality of national rules requires compliance with directives. Thus, directives claim their place among the conventional parameters of legality, but they also come in conflict with the latter at times or even replace any national rule to the contrary effect. However, the directive as an instrument is not only a source of supranational law in the hands of the administration to be applied passively, but also a European standard used to serve its own purposes, as well as the objectives pursued by the European Union. In fact, the evolution of European and administrative case-law has not only led to a strengthening of the obligations of the administration, but has also amplified the forms of relying on a directive to the benefit of the administration and recognized the autonomy of the administrative authorities over the legislature as far as the implementation of directives is concerned. These elements reveal the particularly dynamic role of all the administrative authorities acting within the scope of the directives, in their transposition and implementation in the national legal orders
Bouvier, Laure-Alice. "Le Conseil d'Etat et la confection de la loi." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020049.
Full textIf we stick to a formal vision, participation of the Council of State in making the law appearsmalrked by a remarquable permanence and stability since its inception in the year VIII. Acloser examination reveals a more complex truth. Until its constitutionalization in the FifthRepublic, the participation of the Council of State in making the law was faced with theproblem of legitimacy. This is a different issue that the Council of State is currently facing inthe exercise of its legislative function, the one of its expansion in public institutions since theconstitutional revision of the 23th July 2008 which amended its place in the legislativeprocess. As part of its participation in the law, the Council of State has also to deal with thetransformations the legal system has to face today, and in particular the phenomenon ofdiversification of sources of law that controls a necessary adaptation of its organizationalframework, its methods and its analytical framework
Silva, Mayara Cristina Ghedini da. "Utilização do método Analytic Hierarchy Process (AHP) para localização de usina de reciclagem de resíduos da construção civil." Universidade Tecnológica Federal do Paraná, 2012. http://repositorio.utfpr.edu.br/jspui/handle/1/1474.
Full textEste trabalho teve por objetivo propor uma metodologia para identificação de potenciais locais para a implantação de uma usina de reciclagem de Resíduos da Construção Civil (RCC), na cidade de Ponta Grossa. Para isto, foi desenvolvida uma contextualização sobre: sustentabilidade e desenvolvimento sustentável; Resolução do CONAMA; Norma da ABNT e legislação municipal, que impõem critérios para a implantação de usina para a reciclagem dos mesmos. Buscando responder os objetivos específicos deste trabalho, a metodologia aplicada foi dividida em cinco etapas, sendo elas: levantamentos bibliográficos e documentais, para seleção de critérios e subcritérios; validação dos critérios; definição das alternativas; desenvolvimento da estrutura hierárquica e aplicação do modelo no software Expert Choice 11.5. Com este trabalho, foi desenvolvida uma metodologia aplicável em diferentes cidades, que tenham como objetivo a implantação de uma usina de reciclagem. O método Analytic Hierarchy Process (AHP) possibilitou transformar informações qualitativas em quantitativas, facilitando assim os processos decisórios. Deste modo, concluiu-se que com a aplicação do método AHP que o critério Pilar Ambiental apresenta-se como maior fator de tomada de decisão, e o terreno localizado no bairro de Uvaranas, apresenta-se como a alternativa com maior potencial para a implantação da usina de reciclagem de RCC, na cidade de Ponta Grossa.
This research aimed to propose a methodology for identifying potential sites to locate a waste recycling plant of Civil Construction in Ponta Grossa city. For this, presenting a background on: sustainability and sustainable development; CONAMA Resolution; ABNT rules and municipal laws, which impose criteria for the establishment of the plant for recycling them. Seeking to answer the specific objectives of this study, the methodology applied was divided into five stages, namely: bibliographic and documentary, to select criteria and sub criteria; criteria validation, definition of alternatives; development of the hierarchical structure and application of the model in software Expert Choice 11.5. With this work, it was developed a applicable methodology in different cities, which have as their objective the establishment of a recycling plant. The Analytic Hierarchy Process (AHP) method allowed to transform qualitative informations into quantitative, so facilitating decision making processes. Can be concluded that with the application of AHP method which the criterion Environmental Pillar presents itself as a major factor in decision making and the land located in the Uvaranas neighborhood, presents itself as the alternative with the greatest potential to locate a waste recycling plant of Civil Construction in Ponta Grossa city.
Hervois, Johan. "La production de la norme juridique en matière scientifique et technologique." Phd thesis, Université de La Rochelle, 2011. http://tel.archives-ouvertes.fr/tel-00688129.
Full textTaki, Mesir. ""Invandrarelever har det svårare i skolan, det bara är så" : En kvalitativ studie om elever med utländsk bakgrunds upplevelser kring diskriminering." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-59941.
Full textLampron, Louis-Philippe. "L’existence d’une hiérarchie juridique favorisant la protection des convictions religieuses au sein des droits fondamentaux canadiens." Thesis, Avignon, 2010. http://www.theses.fr/2010AVIG2029/document.
Full textSince Dagenais c. Radio-Canada, rendered in 1994, the Supreme Court of Canada has never questioned the principle of “no legal hierarchy between the different Human Rights protected by the Canadian and Quebec charters. However, a careful review of Canadian jurisprudence on the protection of religious beliefs permits to detect a certain reluctance if not a "discomfort" of judicial institutions when they must identify clear boundaries beyond which the claims based on religious beliefs can not be constitutionnaly (or quasi-constitutionnaly) protected. This "judicial reluctance" being particular to provisions protecting religious convictions in Canada, it seemed possible to us that its impacts may be symptomatic of the implicit - but real - establishment a legal hierarchy between the various Human Rights protected by the Canadian and Quebec charters. Based on a theoretical framework inspired by the work of Rik Torfs, Professor in the Catholic University of Leuven in Belgium, and through a study focused on the context of labor relations, we intend to demonstrate that the current state of Canadian and Quebec law on claims based on different religious beliefs and customs underlies the application of a hierarchical model (the "trust model") which assigns to the provisions protecting individual religious beliefs a place among the highest in the same hierarchy. In doing so, we hope to contribute significantly to the theory of law by achieving three main objectives : (1) To establish and implement a method permitting to identify a material hierarchy between two sets of fundamental rights, (2) To expose the close relationship that may exist between the different national models of management of religious pluralism and the concept of material hierarchy among human rights, and (3) To establish the existence of a material hierarchy between constitutional Human rights in Canada through the demonstration of hierarchical imbalance favoring the provisions protecting religious beliefs within the broader set of constitutionnal Human Rights in Canada
Clémencon, Éric. "La référence dans le langage des sciences de la nature." Thesis, Aix-Marseille 1, 2011. http://www.theses.fr/2011AIX10117/document.
Full textWe try to answer the question: How do sciences refer to entities that are deemed "real", extralinguistic? The problem is two-fold: (i) What linguistic tools do sciences use in order to establish and ensure the relation of reference? (ii) What kinds of entities (individuals, classes ans classes of classes) do sciences refer to? Our enquiry takes the form of a linguistic analysis of the language of the natural sciences.The first step consists of a study of the structure of classifications. Actually, the scientific lexicons of entities have a distinctive feature: they are involved in formal systems, that is say, in nomenclatures. We purport to establish that Russell's theory of types provides a sound account of such systems. The 2nd and 3rd parts examine those standarized and codified vocabularies found in sciences. We first relate the origin of biological and chemical nomenclatures from Linnaeus to Lavoisier. We then present the nomenclatural and taxonomic debates conducted in the 2nd half of 20th century in systematic biology. This presentation focuses on the "nomenclatural type" or "name-bearer" as the major methodological tool by which biology fixes the reference of species's names. We conclude by comparing the nomenclatural type with the "stereotype" elaboratd by Putnam in the context of the causal theory of reference, and we try to determinate if and to what extend this theory can be useful in order to throw light on reference in the language of the natural sciences
Issaadi, Nadir. "Discours épilinguistique et construction identitaire dans le contexte kabyle : espaces de référence multiples et identité." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30045/document.
Full textHow do Kabyle speakers live their region’s linguistic diversity? To what extent do ourinformants’ epilinguistic discourses made about languages produce a hierarchy of bothlanguage and geographical space in the Kabyle context? What attitude do they adopt and howdo they react to this sociolinguistic prioritization and to the matter of language Vs dominancein their sociolinguistic imagination? To what extent do the informants’ epilinguisticdiscourses portray the status and the legitimacy of the use of Kabyle language compared toother linguistic systems (in that case Arabic and French languages), put in a complimentary orin a competing relationship? In fact, we will demonstrate how the epilinguistic discourses ofour informants allow them to state and convey their social identity through appropriation orrejection of what is said about their language and territory. By territory, we mean not onlyKabylie as a geographical entity but as a linguistic and social space as well. Indeed, we shallexpose how both the symbolic appropriation of space and the Kabyle sociolinguistic markingof territory are produced through the representations of our informants. The purpose of ourwork is to conduct a theoretical reflection on the relationship between identity, language,space and sociolinguistic representations
Ballot, Élodie. "Etude critique des droits fondamentaux." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1001.
Full textFundamental rights aim to protect and develop the human person. They provoke passion and controversy. Supported by international and European texts but also stemming from the German term “Grundrechte”, circulated in public law as well as in private law, they are subject to different analyses, especially in public law, in order to determine their meaning, their functions and their system. It seemed that the research conducted in doctrine does not enable the comprehension of the concept of “fundamental right” for certain. Indeed, a single concept of the notion does not exist, fundamental rights are seen as an imperceptible legal category. Due to the lack of a clear definition, it is difficult to set them apart from notions of “Human Rights” or “Civil Liberties”. Their legal nature is equally uncertain. For these reasons, they constitute a heterogeneous unity which is difficult to define and unfortunately international law and European law, though rich in peremptory assertions, does not provide a satisfactory perspective. The implementation of fundamental rights is equally as imperfect. On the one hand, they are subject to an outbidding characterised by a normative proliferation in domestic law as well as in international law. This is hardly controlled and leads to inevitable conflicts which, in the absence of a clearly established hierarchy, are often relentless. On the other hand, the techniques of protecting fundamental rights prove to be insufficient in particular, due to their manipulation by different judges. The judicial solutions are henceforth unpredictable and contribute to the phenomenon of judicial insecurity
Sýkorová, Michaela. "Institut ius cogens v mezinárodním právu." Doctoral thesis, 2017. http://www.nusl.cz/ntk/nusl-368007.
Full text"Phenomenology of the N=3 Lee-Wick Standard Model." Doctoral diss., 2015. http://hdl.handle.net/2286/R.I.29895.
Full textDissertation/Thesis
Doctoral Dissertation Physics 2015