Dissertations / Theses on the topic 'Psychique (droit)'
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Aïdan, Géraldine. "Le Fait psychique : objet des normes juridiques." Paris 1, 2012. http://www.theses.fr/2012PA010334.
Full textDamiani, Carole. "Traumatisme psychique : thérapie et réparation." Paris 5, 2004. http://www.theses.fr/2004PA05H046.
Full textCrime victims face three fold trauma at the physical, psychological and group levels. Psychic trauma, which issues from a confrontation with deat and the anguish of nothingness, has a disorganising effect not only on the individual psyche but also on the sense of belonging to a social group. It is manifested by a rupture of psyche and group envelopes. In this study, the "victim", is placed into the current historical, cultural social and political context. We examine psychic trauma from a psychoanalytic perspective. Using the clinical perspective, we describe basic principles in post tarumatic psychotherapy with a particular focus on debriefing. We explore how the subject can simulataneously explore him/herself in therapy while participating in a judicial proceeding whose goal is restoring a sense of community belonging. A comprehensive approach to psychic trauma implies considering the interaction between psychic reality and judicial reality as well as the articualtion between psychotherapy and restoration
Pestre, Élise. "L'État, le réfugié et son thérapeute : les conditions de vie psychique des réfugiés." Paris 7, 2007. http://www.theses.fr/2007PA070062.
Full textToday, politicians are leading the fight against illegal immigration by interpreting the validity of testimonies provided by immigrants seeking asylum in order to determine if they are "real" or "fake" refugees. Often when these decisions take place, the circumstances are considered economic or therapeutic as opposed to the need for protection from actual persecution. What are the subjective consequences generated by such suspicions for the person seeking asylum? The discourse is affected by this "testimonial barrier" because when he or she is forced to "reveal everything" to another, especially when access to certain memories is blocked by the confrontation with the Real, the process produces demetaphorizing results. The constructed testimony may become a vital invention necessary for exile for the one seeking refuge. The subject, weakened during the long waiting period for the anticipated "papers", attempts to escape his or her legal vulnerability by whatever means available. How will the clinician work through this problem which is ignored by the government? What are the effects of these meetings on the subjectivity of the therapist listening to unacceptable horrors that can be considered human cruelty? What can the psychologist do in the context of national politics that give the expert's role to the State for deciding whether the immigrant's testimony is true or false? This project analyzes the interaction between political, social, and psychological perspectives based on the psychoanalytic approach. The juxtaposition of the State, the refugee, and the therapist will be discussed leading to "a clinical approach to asylum. "
Dikpo, Thelesphore Toliton. "La question des enfants soldats : quels problèmes pour la défense du droit, le maintien, la garantie et la promotion de la sécurité internationale ?" Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_dikpo_t.pdf.
Full textEven though they are regarded as the future of the coming generations, children nowadays are recruited as soldiers in more than forty countries either willingly or forcibly in over than about fifty armed conflicts. They are used as tactics actors and innocents' victims. Since the 1980's, they are key elements and factors in the political and strategic spheres. They are more than 300,000 Childs soldiers involved in modern armed conflits. This phenomenon is as ancient as humanity. In spite of the strength and the variety of the judicial arsenal, the diplomatic and political supports in favour of the children and they protection, we must note the huge fragility of these mechanisms related to war rights and children's Rights. A number of questions arise as a result. When did the child soldiers' phenomenon start? What are the military, political, economical and social reasons which underlie the recruitment of Children in armed conflict? What is the role being played by the children? What are the physical and psychological consequences for children as a result of their participation as soldiers in armed conflict? Should they be punished for the atrocities they have carried out? What are the challenges faced by the transitional justice and how could they be applied to those children? So Many questions which this thesis has attempted to analyse in an interdisciplinary fashion
Chastang, Françoise. "La mort choisie pour raison psychique ou existentielle : de l'autodétermination à la rencontre éthique." Electronic Thesis or Diss., université Paris-Saclay, 2023. http://www.theses.fr/2023UPASR030.
Full textDeath chosen for psychic or existential reasons: from self-determination to ethical encounterPassionate debates on euthanasia and assisted suicide are a topical issue in Europe.The experience of neighboring countries, especially Belgium and the Netherlands, shows that a law on euthanasia or medically-assisted suicide makes possible active assistance in dying to people suffering from psychological disorders or for existential reasons, whether or not this was initially desired.Such an extension raises societal, clinical and ethical questions.This law can only take root in a society where attitudes to death and the way in which we conceive of our own death are changing. With the transgression of societal and ethical taboos, in what will be an unprecedented societal anthropological rupture, who will own death - society, the citizen or the doctor?From a clinical point of view, the question is how to reconcile such requests for assistance in dying with suicide prevention, especially as there is undoubtedly a great clinical proximity between suicidal patients and people requesting active assistance in dying for psychological reasons. How can we assess deeply subjective psychological suffering? How can we solve the problem of assessing discernment, which is often impaired by mental disorders? What role should psychiatry play in the face of severe and persistent mental disorders?Above all, such delicate issues have a major impact on the care of particularly vulnerable people, at a crucial time when psychiatry is facing a major structural crisis. A law on active assistance in dying will open the door to a profound paradigm shift in the doctor/patient relationship, for which an ethical reading will become essential
Conte, Indursky Alexei. "De l'exil à l'asile : clinique avec des réfugiés au carrefour entre le psychique et le politique." Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCC040.
Full textTraditionally, in the field of international human rights it's been established the granting of refugee status as a solution to a situation of persecution and violation of rights experienced in the "here and now". Instead of designing the above recognition as an end in itself, we propose throughout this investigation to question the effects in the psychic organization of a refuge applicant, while receiving its status and commiting in a proces of placement to start it's life again. If the refuge is normally considered a safe and protective place, a darker and menacing dimension seems however hidden. The refuge is thus perceived as ambivalent object. It can as much save one from death, that trigger an irreversible rupture in respect of the land left and sentence him to an uprooting of himself. Far from being a solution, the choice of exile raises the question of the nomadic condition of any subjet whose origin is a fiction of itself; the strangeness awakened by this movement of deterritorialization can be experienced in some like poison for the condition of desiring. Our goal throughout this investigation is to demonstrate how the possibilities to develop and thematize violence experienced during exile go through the encounter between the political and the psychic dimensions; where an economic refugee moral sphere is created as a way of negotiation, resistance and suffering due to inhabit the egdes of politics
Grădinariu, Laura. "Le droit à la santé mentale dans le cadre des conflits armés." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA013/document.
Full textThe thesis identifies the gaps and shortcomings regarding the implementation of international legal instruments applicable in the context of armed conflict (the Geneva Conventions of 1949 and the Statute of the International Criminal Court) in what concerns the protection of the right to mental health. A solution for a better protection of this right is proposed, consisting in amending the relevan international legal instruments with a distinct new provision criminalizing the violations of the rightto mental health during armed conflicts.The research highlights the serious consequences of violating the right to mental health during wartime, showing the causal link between the trauma produced by the conflict, the development of mental disorders, the changes of the "normality" standards of communities and the increased occurrence of antisocial behavior. The thesis proposes a hypothesis that explains the amplification of crime rates after the war by the influence of the psychological trauma suffered by the respective population as a consequence of armed conflict
Quistrebert, Yohann. "Pour un statut fondateur de la victime psychologique en droit de la responsabilité civile." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G001.
Full textThe psychological impact of the events, which are the source of responsibility, be they acts of terrorism, loss of a loved one, psychological harassment, is specific to characteristics both protean and invisible. The first among them is due to the fact that in psychological matter injuries and the resulting suffering are both varied. As such, from the injury point of view, certain events will prove to be more traumatizing than others. Principally those during which the subject has been faced with his own death. Concerning suffering, a subject can as well emotionally suffer a change in his own integrity – for example the physical one with a diagnosis of a serious illness – that of a sort damage which affects that of a loved one (e.g. death or handicap). Then, the impact is considered invisible. It appears much more simple indeed, to identify harm to physical integrity as a harm to psychic integrity. More so, certain psychological harms are totally imperceptible by reason of their eminently diffuse characteristic. The object of this demonstration is therefore to know how civil liability law will comprehend the victim of such a psychological impact. Its comprehension will be particular given the inevitable interaction between the judicial and psychological spheres.In order to better understand this, we will first propose a conceptualization of the psychological victim that blends into psychopathological reality. Two major distinctions feed this thought. One is legal nature, which relates to the distinction between prejudice and harm. The other is psychopathological in nature which opposes emotional shock and psychic trauma. Their intertwining allows us to elaborate different cases of manifestation of psychological suffering and define the contours of the qualities of the victim. Secondly, regarding compensation for a psychological victim, both the appreciation and the evaluation of these prejudices will be examined. The repercussions of psychic trauma, or even emotional shock can sometimes be so grave that compensation cannot restrict itself only to the experienced suffering. Consequences of different natures, for example patrimonial ones, must be taken into consideration. To this end, a division of the prejudices of the psychological victim should be put in place. Distinct rules of compensation will be established based on the prejudice endured. A prejudice presumed, originating notably from a harm, cannot logically be compensated in the same fashion as non-presumable prejudices that require a forensic assessment. In short, the system of compensation must be in phase with the system of disclosure of suffering that has been previously established. As a result, this study proposes to construct a true founding status of a psychological victim. Once this principal notion has been completely conceptualized, we can use it to create a rational compensation scheme
Nellis, Ezra. "Ordre public textuel et ordre public virtuel : étude de droit international privé." Electronic Thesis or Diss., Normandie, 2024. http://www.theses.fr/2024NORMR035.
Full textIn private international law, public policies are a tool of conflict laws, whose mission is to defend the legislative corpus and the social cohesion of the required State. In order to do so, international public policies rely on a mecanism made out of two main components: mandatory laws and public policies’ exceptionality. When an extraneous element is present in a given case, international public policies can go against the application of a foreign law in order to settle a case or to oppose the traffic of a foreign public act going against the founding values of the forum. In French law, international public policies are based on article 6 of the Code civil, which states that "one cannot, through specific conventions, go against the laws of public policies and good morals". This means that, in theory, if international public policies defend the forum’s axiology, the lawmaker must previously have determined international public policies’ substance; if it is so, the principle behind public policies sanctionned in the Code civil would be held in abeyance. Indeed, a national judge cannot create law. However, when it comes to international public policies, judges have ended up with the responsibility to determine legislative norms, principles and values meant to become international public policies. This observation presents an opportunity to elaborate on a few points. In the French legal system, the judge does not have the necessary legitimacy to be the sole decision-maker on this topic and international public policies are often criticized by legal practitioners for their changeability and unforseeable nature. What is more, the French Constitution, which determines the process through which norms are drawn up, only authorizes the law maker to produce prescriptive discourse. Finally, the judge is not the vox populi’s herald: according to the social contract, the rule of law is its sole expression as it stems from the proper representative of the People, the law maker. From these observations, one can conclude that a discrepancy exists between the legal system’s being and its duty, which affects the French social organisation, especially when it comes to private international law. This has allowed us to stress the importance of the balance between the written and virtual aspects of private international law, and more than that, the impossibility of considering in absolutes the aim of creating written international public policies. On the other hand, we have brought to light the intrinsic rationality of virtual law, motivated in this case by a constructive approach initiated by the judge in service of the French legal system. The written nature of international public policies takes part in the edification of the Nation by preserving the most structuring rules for individuals within the territory of the forum. The second part of our study shows an existing psychological influence on the legal system as well as on international public policies’ operating and objectives. People’s motivational needs and the mechanisms, both conscious and unconscious, that drive their mental lives have an impact on international public policies’ aim. Once again, this was an opportunity to put into perspective the many functions of international public policies and to delve into their use in a contemporary legal context. Ultimately, it is through a multidisciplinary and eclectic approach that we have managed to bring to the surface the rationale behind international public policies’ functions, and its virtual characteristic
Chaubet, Stéphanie. "La déclaration d'irresponsabilité pénale pour trouble mental au stade de l'instruction." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10045/document.
Full textLike many other laws passed in criminal matters, law n° 2008-174, dated 25 february 2000, relating to security detention and criminal irresponsibility due to mental disorders, was adopted in response to the deep emotion of the public opinion generated by the media coverage of tragic events.This law has two main components : the first focuses on "security detention" for criminals with severe personality disorders, cause of a "particularly dangerous nature" ; the second part entitled "declaration of irresponsibility due to mental disorders" interested persons found not criminally responsible in application of article 122-1 § 1 of the Penal Code. While the second part of the 2008 law had a lesser media coverage than the first one, he raised and still raises heated debates. Composed of several dispositions inspired by various works related to the question of criminal responsibility due to mental disorders, that led to the formulation of sometimes surprising recommendations, the second part of the 2008 law was strongly criticized. Some of these dispositions, however, were unanimously approved. After five years of application, what conclusions should be drawn ? During the investigation phase, the results are somewhat mixed. It seems that some of the changes that were made on the occasion of the 2008 law have an uncontestable utility, but, others, however, are insufficient or unnecessary
Rioux, Michael. "La fonction publique face aux maladies multifactorielles." Thesis, Le Mans, 2016. http://www.theses.fr/2016LEMA2002.
Full textIn the working environment, multifactorial disorders such as musculoskeletal and mental disorders are the main cause of officially recognized disability in France. Their particularity lies in their complex etiology, which makes claims for compensation difficult. They can be caused in part by working conditions, but other factors are involved, with no single clearly identifiable cause. Their compensation mechanisms are mainly based on hundred-year-old employment arbitration law, to which other legislative and jurisprudential compensation mechanisms have been added. These disorders can only be prevented by a complex shift in attitudes to work and in the perception of proper working conditions. For civil servants, the current system causes disparities between agents, due to differences in their legal status and recognition of the disorder in each department.Under the current system of compensation, the cost of these work-related disorders is covered by social security, which is untenable, but any new form of compensation must be cost-efficient. However, as there are no figures available to estimate the number of recognised occupational disorders and hence the proportion of multifactorial diseases, it is not possible to estimate their cost. From the data collected in this study for the year 2008 it is possible to calculate the number of agents affected by multifactorial diseases. The results indicate that the only long-term and appropriate way to deal with this problem in the civil service is through partial compensation combined with incentives to prevent these disorders
Kaczmarek, Yann. "Dialectique du raisonnement juridique : une approche marxienne du droit." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0621.
Full textThis research is an attempt to prove that the intuition of a legal reasoning does actually exist and to study it through the concrete activity of individuals. Therefore, two previous stages are necessary. The first one consists in doing a critical analysis of positivist theories of law, both from an internal and external viewpoint, via Marxian perspectives that set the individuals’ concrete activity at the core of their theory. This work being fulfilled, the second stage will attempt to establish a global theoretical framework of individuals’ psychic activity, and to include this theory in a judicial field. P&TDT’s approaches allow a similar understanding of individuals by integrating dialectical links that exist between the subjective representation that they have of objective reality and the objective characteristics of judicial concepts which fix collective abstract representations in a so to speak « timeless framework ».These two important stages are rather global and relatively away from an analysis of individuals’ concrete activity. They provide nevertheless a theoretical frame sufficiently detailed to identify the most appropriate means to lead this analysis: mind maps. It is with a study of « objectivation », in mind maps, of personal reasoning used by law professionals who are trying to solve a practical case, that I will conclude the present research. The results confirm the hypothesis of an existence and practice of a legal reasoning in these professionals’ psychic activity; a critical feedback on this research offers new trails for future studies to be continued
Ranguin, Josiane. "Fonction scopique et investigation du réel anglo-caribéen dans l’oeuvre de Caryl Phillips." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD043.
Full textThe purpose of this work is to follow the development of Caryl Philips’s work from a feeling of unbelonging finding its root in the experience of being dissociated from his peers at an early age through systemic visualizing.Founding scenes show how the author as an Anglo-Caribbean child is denied his Englishness and how he discovers as a teenager the possibility of genocide at the heart of Europe. These experiences will be part of the foundation of his anxiety of belonging. A determined exploration of Caribbean culture, of African-American writing and an investigation of the European gaze on the Anglo-Caribbean person he is, will determine the three strands with which will be woven the increasing spiraling scope of his work.The writing impulse is then born out of an ingrained feeling of dissociation created by the alarming discriminating gaze which forfeits the inclusion of the Anglo-Caribbean child and questions the fulfillment of his human potential in all its plenitude.We will argue that the work develops along a constructivist and spiraling approach from an exploration of comparative views. Novels, plays and essays will be observed along five thematic lines which will start with a short analysis of five corresponding cinematographic works acting as a counterpoint to the author’s stance. There is a didactic intention in the writing which proceeds from historical remediation and aims at making the reader see the whole human complexity, encouraging the willing suspension of blaming. While aesthetic concerns model the structure of his works on the fractured lives he is exploring, and challenge the cognitive capability of the reader to discern the patterns of production of each of his works, the ethical demand evinced by Caryl Phillips’s work is to give the scrutiny right, the right to be understood, and the right to compassion back to those who see their right to fully belong to the world they inhabit denied
Gradinariu, Laura. "Le droit à la santé mentale dans le cadre des conflits armés." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00859047.
Full textSironi, Françoise. "Psychopathologie de la torture : les victimes et leurs bourreaux. Nature et singularité d'un traumatisme délibérément induit par l'homme." Paris 8, 1994. http://www.theses.fr/1994PA080944.
Full textThe present thesis intends to answer to the following question : how to treat a torture victim by psychotherapy ? the clinical material comes from eighty psychotherapies (fifty-six adults and twenty-four children) with victims of torture and political violence. Only the clinical results with adults have been developped in the present work. The first part is devoted to the construction of the representations about torture. We start by formulating the problematics linked with the nature of the traumatism undergrone by our patients before analyzing the mecanisms underlying the methods of torture. In this part we also focus our analysis on the relation between the training of torturers and the practice of torture. The different situations of repression (the figures of persecution) undergone by our patients and the methodological approach who ensues frm them are described afterwards. Then, we proceed to the psychopathological analysis of theclinical data before presenting a theoretical outline on intentional or interactive trauma. The second part is devoted to psychotherapy. We present the theoretical and technical re-adjustments necessary in order to treat victims of torture. The first chapter explains the principles of active psychotherapy. Then, we present the specificity of the therapeutical framework. Finally, we describe the forces and the mechanisms contained in the active technique used with traumatized patients, by detailing the technical operators which revealed themselves efficient. In our conclusion, we present in what way a conceptualization of psychoanalysis around the traumatism can constitue an enriching and innovative advancement of psychoanalysis
Esquerre, Arnaud. "Du psychopouvoir : une sociologie de la manipulation mentale dans le cadre de la lutte contre les « sectes » en France dans les années 2000." Paris, EHESS, 2008. http://www.theses.fr/2008EHES0168.
Full textIn France since the 1970's, a new fight against the cuits and sects based on the concepts of brainwashing and totalitarianism, and not any longer on religious concepts, has arisen. When people get part of a sect, the opponents consider that their consent to become part of the cuit was obtained because of their brainwashing that denies their autonomy. In the 2000's, this fight, supported by the associations of defense of the victims and by the public administration led to the creation of a "psychological subjection" offence. Another consequence was the struggle between professionals of the mental health to regulate the psychotherapists' activity. The struggles linked to the brainwashing, cuits and sects and pyschotherapy build up a new way to exert power on someone, the "psycho-power", that has for object the human psyche
Mandy, Caroline. "La prison et l'hôpital psychiatrique du XVIIIe au XXIe siècle : institutions totalitaires ou services publics ? Contribution à l'étude de la privation de liberté et du paradigme de l'institution totale." Phd thesis, Université de Nantes, 2011. http://tel.archives-ouvertes.fr/tel-00834906.
Full textMandy, Caroline. "La prison et l'hôpital psychiatrique du XVIIIe au XXIe siècle : institutions totalitaires ou services publics ? : contribution à l'étude de la privation de liberté en France et du paradigme de l'institution totalitaire." Phd thesis, Nantes, 2011. https://archive.bu.univ-nantes.fr/pollux/show/show?id=b6ed5aa1-d508-489a-bb04-916d7b6b8748.
Full textSince the French Revolution in 1789, depriving persons of their freedom by locking them up has become the automatic answer of public authorities to penal and psychiatric matters. This institutional solution to the social problems of delinquency and insanity is organised around a new paradigm : the "total institution". This standardising model tramples on persons, their dignity and their rights ; nevertheless prison and psychiatric total institutions remain the tool society chooses most of the time to keep its "disturbing" persons apart. The shock of the Nazi abuses added to this dehumanising instrumentalisation of inmates triggers a new fervour for the human rights and brings to light, with the destruction of the totalitarian model, the more flexible paradigm of public service and its "rules", a priori conductor of a protecting framework for individuals ; it does not mean to renounce to deprivation of freedom but to give a humanist framework of action to manage these cases. Thus, the inmate holds rights specific to successive citizenship recognised to persons in time. But, the evolution is neither linear nor finished. Deprivation of freedom, in its triangular relations between person, society and institution, remains the latent prey of all securitarian tendencies, to the detriment of the rights of the concerned persons. Behind the theory, the democratic challenge is, for society, to accept the levelling up of these rights ; their adaptation must no longer be used as a disguise to take their fundamental rights away from inmates