Academic literature on the topic 'Racism – Law and legislation – France'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Racism – Law and legislation – France.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Racism – Law and legislation – France"
1
Robinson, Greg. "The Debate Over Japanese Immigration: The View from France." Prospects 30 (October 2005): 539–80. http://dx.doi.org/10.1017/s0361233300002179.
Full textAbstract:
The story of the Issei — the 100,000 Japanese immigrants who traveled to Hawaii and the United States during the turn of the 20th century — is an epic of survival amid hardship. Through the efforts of labor contractors backed by the Japanese consulate, the majority of the newcomers were recruited to undertake heavy labor on Hawaiian plantations. Others settled on the mainland, predominantly on the nation's Pacific Coast, where they worked as farmers, fishermen, railroad workers, and agricultural laborers. Smaller contingents of students, artists, and professionals also crossed the ocean and scattered through the United States. As the immigrants became established, many brought over “picture bride” wives and started families. Through careful saving of wages and communal self-help, numerous immigrant laborers bought farms and established small businesses, churches, and community institutions. At the same time, they were victimized by widespread racial prejudice and discriminatory legislation. Like other Asian immigrants, they were barred from naturalization by federal law, and therefore from voting, and in many states the Issei were forbidden to marry whites or to practice certain professions. In Hawaii, the white planter class limited educational opportunity and kept Issei in menial labor positions. On the West Coast, white laborers and political leaders, who rigidly excluded Asian workers from unions, organized movements to exclude the Issei from residence on the grounds that they depressed wage scales through their willingness to work for lower pay. Following the “Gentlemen's Agreement” of 1907–8, the entry of Japanese laborers into the country was largely restricted. Shortly thereafter, in response to demands by white farmers enraged by competition from their Issei counterparts, California and neighboring states enacted alien land acts, which forbade all Japanese and other “immigrants ineligible to citizenship” from owning agricultural land. As a result, the Issei were forced to take short-term leases on land or to put their holdings in the names of white colleagues or of their own children, the Nisei (American-born citizens of Japanese ancestry). Exclusionist pressure, founded on nativist opposition to the alleged racial danger posed by the Issei to the American population, flared up again following World War I and climaxed in the Immigration Act of 1924, which outlawed all Japanese immigration to the United States.
2
Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 13, Issue 2 (June 1, 2004): 82–83. http://dx.doi.org/10.54648/ecta2004019.
Full text
3
Chaulin, Vincent. "Legislation: France." EC Tax Review 8, Issue 4 (December 1, 1999): 271–72. http://dx.doi.org/10.54648/ecta1999066.
Full text
4
Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 13, Issue 1 (April 1, 2004): 33. http://dx.doi.org/10.54648/ecta2004007.
Full text
5
Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 12, Issue 2 (June 1, 2003): 115. http://dx.doi.org/10.54648/ecta2003023.
Full text
6
Goodall, Kay. "Conceptualising ‘racism’ in criminal law." Legal Studies 33, no. 2 (June 2013): 215–38. http://dx.doi.org/10.1111/j.1748-121x.2012.00244.x.
Full textAbstract:
‘Hate’ crime has attracted intense debate, but surprisingly little has been written on how best to draft and interpret hate crime legislation. The dominant conceptual models derive from US scholarship. Although valuable, they pay insufficient attention to principles of criminal law and to how hate crime law is perceived. This paper explores these problems through a discussion of legal approaches to, and lay perceptions of, racism, as embodied in the racially aggravated offence. It proposes a model which offers a more just alternative.
7
Kurashige, Lon. "Rethinking Anti-Immigrant Racism." Southern California Quarterly 95, no. 3 (2013): 265–83. http://dx.doi.org/10.1525/scq.2013.95.3.265.
Full textAbstract:
Others have discussed the history of anti-Japanese attitudes, activism, and legislation in California. This article analyzes Los Angeles voting returns for and against Proposition 1, the 1920 extension of California’s alien land law that prevented Japanese from owning or leasing land. The study looks at who opposed this anti-Japanese initiative and finds that voters’ motives reflected not only race but social class, occupational status, and political party affiliation. The findings are relevant to present-day conflicts over calls for excluding newcomers from mainstream rights and protections.
8
Kashkarov, A. A., and A. A. Kashkarov. "CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 147–51. http://dx.doi.org/10.37279/2413-1733-2021-7-2-147-151.
Full textAbstract:
The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.
9
Möschel, Mathias. "The Legal Construction of the Notion of Anti-White Racism in France." French Politics, Culture & Society 39, no. 2 (June 1, 2021): 136–55. http://dx.doi.org/10.3167/fpcs.2021.390207.
Full textAbstract:
This article focuses on the legal construction of the notion of anti-White racism in France. By analyzing cases litigated under criminal law, it describes how a right-wing NGO has been promoting this notion via a litigation strategy since the late 1980s, initially with only limited success. Public debates in mainstream media in the 2000s and intervention by more traditional antiracist NGOs in courts have since contributed to a creeping acceptance of anti-White racism both within courtrooms and in broader public discourse. This increased recognition of anti-White racism is highly problematic from a critical race and critical Whiteness perspective.
10
Enarsson, Therese, and Karin Åström. "Rasistiska brott mot utsatta grupper." Nordisk Tidsskrift for Kriminalvidenskab 109, no. 2 (April 25, 2022): 250–70. http://dx.doi.org/10.7146/ntfk.v109i2.132397.
Full textAbstract:
AbstractThis article takes its starting point in Sami and Roma exposure to racism by studying preconditions within the criminal law for dealing with racism against individual victims of crime. The purpose is to identify whether and how individual victims can obtain remedy andreparation when exposed to racism. In this article, that means that the racist act must be criminalized, that the criminal interest of criminalization is the individual victim, and that the racist nature of the crime has legal implications for classification, sentencing and punishment. Methodologically, the study focuses on identifying possible challenges in the application of so-called hate crimes legislation. Two challenges to the application of indivi dual remedies and reparations were identified. First is the difficulty in identifying and establishing (racist) motive. Second is the lack of clear statements from the courts about how assessments have been made in the use of aggravating and mitigating circumstances in sentencing, and if or how they have affected sentencing and punishment. The results of this study show that the legal conditions for individual victims to obtain criminal justice when they have been subjected to racism are insufficient. Problems are primarily due to deficiencies in the formulation of the legislation, but are also seen in its application. Despite a strong contemporary political focus on work to combat racism, no legal changes have been proposed. Based on the results of this study, we suggest the application of a holistic approach to the legislation on hate crimes. This would enable individual redress for the racism to which Sami and Roma, among others, are exposed.
Dissertations / Theses on the topic "Racism – Law and legislation – France"
1
Clarke, Tamsin Law Faculty of Law UNSW. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.
Full textAbstract:
Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.
2
Krüger, Rósaan. "Racism and law : implementing the right to equality in selected South African equality courts." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1003192.
Full textAbstract:
Racism has informed South African society since colonial times. Racist beliefs found expression in the laws of colonial and apartheid South Africa and shaped both state and society. The constitutional state that South Africa has become since 1994, is based on the values of ‘human dignity’, ‘the achievement of equality’ and ‘nonracialism’, among others. Law formed the basis of the racist state prior to 1994, and now law has a fundamental role to play in the transformation of the state and society in an egalitarian direction by addressing socio-economic inequalities on the one hand, and by changing patterns of behaviour based on racist beliefs forged in the past, on the other. This thesis examines one of the legal instruments that is intended to contribute to transformation in the latter sense, namely the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act), with specific reference to the issue of racism. The provisions of this Act and the framework for its operation against the background of South Africa’s racist past, and within the broader framework of international and constitutional law, are examined. These two legal frameworks are analysed for the purpose of determining the standards set by international and constitutional law regarding racial equality in order to determine whether the Equality Act measures up. This thesis also incorporates an analysis of the practical application of the provisions of the Equality Act to complaints of racism in selected equality courts. The theoretical analysis of the Act’s provisions and their application in the equality courts point to various problematic formulations and obstacles which negatively affect the application of the provisions and thus hamper social change. The thesis concludes with recommendations for refining the Act’s provisions and its application.
3
Abi, Chacra Charbel. "L'influence de l'évolution du gouvernment d'enterprise sur les dirigeants des sociétés : essai de droit comparé (France et Angleterre)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101811.
Full textAbstract:
The essence of running an enterprise which is defined as a system by which the companies are lead and compared is generally set in priority terms. For some, they favour in the first instance to secure the economic efficiency then to scope with the social problems at a later stage---'Shareholder model'. Others are inclined to consider that the priority lies into an environmental, sharing and caring society etc.---'Stakeholder model'.Where the evolution of the corporate governance is going to lead to? And how does it affect the directors' responsibility?
After a thorough study of its European evolution in particular in France and England, we figure out that raising the black flag of the stakeholder theory will end up into an ideology completely false dislodging the concept of the natural reality around us. On the other side, claiming the predominance of the sole shareholder system will become a dangerous apprehension opposing the objective of this theory: In our perspective we see that the ultimate global wealth of the enterprise in the long run is closely linked to the consideration and the deep satisfaction of the needs and the interests of the different parties joining the enterprise.
4
Buckingham, Donald E. "Feeling the squeeze National food labelling legislation in a WTO World: Case studies from France, Canada and Ghana." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/29202.
Full textAbstract:
Legal regulation shapes the form and content of food labels. Whether in developed or developing countries, national laws outline obligations for labelling that reflect a combination of safety, commercial, and proprietary objectives based on a country's unique circumstances. This dissertation mines one particular dimension of the interplay between national and international law. While focusing on the narrow issue of food labelling legislation, it canvasses the national and international obligations affecting food labels that arise from intellectual property law, trade regulation and consumer protection.
National food labelling regimes share some similar legislative provisions. French, Canadian, and Ghanaian law all recognize three categories of food labelling elements for pre-packaged foods: (1) mandatory labelling elements; (2) prohibited elements; and (3) reserved elements. As well, failure to comply with food labelling laws can result in criminal or civil liability, although implementation varies from country to country, with "food-centred" cultures more apt to vigorously enforce food labelling laws.
Yet, it not simply national law that dictates the final form of food labels. International legal obligations increasingly play a pivotal role. While early international agreements were driven by States' desires to harmonize certain commercial and intellectual property laws, a shift occurred with the GATT 1947. This Agreement did not look to harmonize private law regimes amongst trading partners, but rather it set out general obligations that prohibited certain national measures which inhibited trade. The pendulum has swung even further with the establishment of the WTO. National governments, in light of their WTO obligations, must now (a) undertake positive law reform; (b) make national measures WTO-compatible; and (c) submit to compulsory trade dispute resolution, all of which can affect national food labelling laws.
Clear international obligations established to address commercial or health concerns permit States to maintain national measures while still pursuing trade liberalization. However, international obligations applied to discipline national measures like the marking of food quality and the provision of new consumer information tread on national cultural sensitivities. Until further consensus evolves concerning how international obligations should be applied to such national food labelling measures, significant conflicts between national and international obligations will continue.
5
Andreeva, Androva Raïa. "Le regime de l'arbitrage dans les litiges de consommation en droit français /." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81468.
Full textAbstract:
For some time now, Article 2061 of the French Civil Code had laid down the general principle that arbitration clauses were invalid. In 2001, an amendment to Article 2061 reversed the concept, so that the former principle became the exception and the law was made to favour arbitration. While the reform was a progressive step, it did leave some ambiguity especially concerning the consumer disputes. Arbitration is indeed a very convenient alternative dispute resolution method in this arena. The purpose of this thesis is to address some of the issues related to consumer disputes. It seeks to demonstrate that by adopting the concept of "inefficiency" of the arbitration clause, whose sanction depends on the will of the consumer, French law will not only reconcile its domestic provisions but also be in accordance with the other judicial systems.
6
Bocquet, Brian. "Dominant Ideology and Racism in the French Media: a Critical Discourse Analysis on the Case of the Denaturalization Law." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-302025.
Full textAbstract:
This study focuses on how minorities are stigmatized in the French media. It limits itself to the case of the proposal of the denaturalization law and the consequent discourse about it. The subject is introduced through a short background on the law and its relevance to the possible racist nature of the debate, followed by some background on racism in France, an overview of the theory on new racism and how it can explain stigmatizating discourses. Critical Discourse Analysis is used as the method to uncover said discourses as it is a method related to the in-depth analysis of implicit dominant ideologies and power-structures. The study analyzes twenty articles from two French newspapers in order to determine how stigmatizing discourses are expressed. The results in the discussion show recurrent racist narratives that systematically denigrate and stereotype Muslims and immigrants. They also show a pattern of the dominant culture negating space to minorities.
7
de, Plevitz Loretta R. "The failure of Australian legislation on indirect discrimination to detect the systemic racism which prevents Aboriginal people from fully participating in the workforce." Thesis, Queensland University of Technology, 2000. https://eprints.qut.edu.au/29025/1/Loretta_de_Plevitz_Thesis.pdf.
Full textAbstract:
Government figures put the current indigenous unemployment rate at around 23%, 3 times the unemployment rate for other Australians. This thesis aims to assess whether Australian indirect discrimination legislation can provide a remedy for one of the causes of indigenous unemployment - the systemic discrimination which can result from the mere operation of established procedures of recruitment and hiring. The impact of those practices on indigenous people is examined in the context of an analysis of anti-discrimination legislation and cases from all Australian jurisdictions from the time of the passing of the Racial Discrimination Act by the Commonwealth in 1975 to the present. The thesis finds a number of reasons why the legislation fails to provide equality of opportunity for indigenous people seeking to enter the workforce. In nearly all jurisdictions it is obscurely drafted, used mainly by educated middle class white women, and provides remedies which tend to be compensatory damages rather than change to recruitment policy. White dominance of the legal process has produced legislative and judicial definitions of "race" and "Aboriginality" which focus on biology rather than cultural difference. In the commissions and tribunals complaints of racial discrimination are often rejected on the grounds of being "vexatious" or "frivolous", not reaching the required standard of proof, or not showing a causal connection between race and the conduct complained of. In all jurisdictions the cornerstone of liability is whether a particular employment term, condition or practice is reasonable. The thesis evaluates the approaches taken by appellate courts, including the High Court, and concludes that there is a trend towards an interpretation of reasonableness which favours employer arguments such as economic rationalism, the maintenance of good industrial relations, managerial prerogative to hire and fire, and the protection of majority rights. The thesis recommends that separate, clearly drafted legislation should be passed to address indigenous disadvantage and that indigenous people should be involved in all stages of the process.
8
de, Plevitz Loretta R. "The failure of Australian legislation on indirect discrimination to detect the systemic racism which prevents Aboriginal people from fully participating in the workforce." Queensland University of Technology, 2000. http://eprints.qut.edu.au/29025/.
Full textAbstract:
Government figures put the current indigenous unemployment rate at around 23%, 3 times the unemployment rate for other Australians. This thesis aims to assess whether Australian indirect discrimination legislation can provide a remedy for one of the causes of indigenous unemployment - the systemic discrimination which can result from the mere operation of established procedures of recruitment and hiring. The impact of those practices on indigenous people is examined in the context of an analysis of anti-discrimination legislation and cases from all Australian jurisdictions from the time of the passing of the Racial Discrimination Act by the Commonwealth in 1975 to the present. The thesis finds a number of reasons why the legislation fails to provide equality of opportunity for indigenous people seeking to enter the workforce. In nearly all jurisdictions it is obscurely drafted, used mainly by educated middle class white women, and provides remedies which tend to be compensatory damages rather than change to recruitment policy. White dominance of the legal process has produced legislative and judicial definitions of "race" and "Aboriginality" which focus on biology rather than cultural difference. In the commissions and tribunals complaints of racial discrimination are often rejected on the grounds of being "vexatious" or "frivolous", not reaching the required standard of proof, or not showing a causal connection between race and the conduct complained of. In all jurisdictions the cornerstone of liability is whether a particular employment term, condition or practice is reasonable. The thesis evaluates the approaches taken by appellate courts, including the High Court, and concludes that there is a trend towards an interpretation of reasonableness which favours employer arguments such as economic rationalism, the maintenance of good industrial relations, managerial prerogative to hire and fire, and the protection of majority rights. The thesis recommends that separate, clearly drafted legislation should be passed to address indigenous disadvantage and that indigenous people should be involved in all stages of the process.
9
Marquet, Jeannine M. "Les céréaliers français et l'Europe." Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213307.
Full text
10
Benihoud, Yasmina. "Regard critique sur le droit français du harcèlement sexuel au travail à la lumière du droit américain et du droit canadien." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=42288.
Full textAbstract:
A few months after having enacted a criminal statute creating the general offence of sexual harassment, the French Parliament enacted the Statute n° 92-1179 "relative a l'abus d'autorite en matiere sexuelle dans les relations de travail". In this statute, as in the criminal statute, the French legislator considers sexual harassment in a peculiar way, and departs from the North-American position on three points:First, while American law and Canadian law understand clearly sexual harassment as a form of sex discrimination, the French approach is more ambiguous. It appears that the French legislator understands sexual harassment more as an infringement to freedom than a form of sex discrimination.
Second, the French legislator has defined sexual harassment in a more restrictive way than in North America. While American law and Canadian law prohibit hostile harassment and sexual harassment by colleagues, these forms of sexual harassment are not prohibited in French law. Finally, on the question of the employer's liability, the French approach is more "timid" than in American law and in Canadian law.
The French legislator has justified its more restrictive approach to the problem of sexual harassment in comparison with the North-American position by two arguments: the fear of the "American 'drift'" and the peculiarity of the relationships between women and men in France. However, it is argued that the choice of the French legislator is not convenient because it leaves a significant number of victims outside the scope of the law, and is not clear enough on the employer's obligations. Furthermore, it is maintained that both arguments of the legislator are more caricatural than real.
Books on the topic "Racism – Law and legislation – France"
1
Commission nationale consultative des Droits de l'homme (CNCDH). La lutte contre le négationnisme: Bilan et perspectives de la loi du 13 juillet 1990 tendant à réprimer tout acte raciste, antisémite ou xénophobe : actes du colloque du 5 juillet 2002 à laCour d'appel de Paris. Paris: Documentation française, 2003.
Find full text
2
Zlatescu, Irina. Protection against racism and discrimination. Bucharest: Romanian Institute for Human Rights, 2011.
Find full text
3
Centro de Proyectos Integrales en Base a la Alpaca (Peru), ed. Brazil: Women and legislation against racism. Rio de Janeiro: CEPIA, 2001.
Find full text
4
Jacques, Rojot, and Laborde Jean-Pierre, eds. Labour law in France. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.
Find full text
5
Legros, Cécile. Transport law in France. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2012.
Find full text
6
Duguet, Anne-Marie. Medical law in France. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2014.
Find full text
7
Sports law in France. Alphen aan den Rijn, The Netherlands: Wolters Kluwer Law & Business, Kluwer Law International, 2012.
Find full text
8
The politics of the veil. Princeton, NJ: Princeton University Press, 2007.
Find full text
9
Aylward, Carol A. Canadian critical race theory: Racism and the law. Halifax, N.S: Fernwood Pub., 1999.
Find full text
10
Tackling militant racism. Aldershot, Hants, England: Ashgate, 2003.
Find full textBook chapters on the topic "Racism – Law and legislation – France"
1
Sarliève, Maud. "Climate Change Legislation and Litigation in France: A Work in Progress." In Ius Comparatum - Global Studies in Comparative Law, 485–507. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-46882-8_25.
Full text
2
Čtvrtník, Mikuláš. "Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives: International Comparison, Germany and “Protection of Legitimate Interests”." In Archives and Records, 19–53. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_2.
Full textAbstract:
AbstractThis chapter together with Chaps. 3 and 4, will address the protection of personality rights in archives in the broader context of the issue of access to archival records, and in some respects also on the general level of the protection of information not only of personal nature. In doing so, it will focus on several selected specific situations, models, or special procedural settings that can be encountered in the archival systems of some countries, namely the United Kingdom, Germany, and France, and it will also touch on the situation in the USA and some other countries that may also serve as inspirational moments that could potentially be used in other archival systems. Special attention will be paid to post-mortem protection of personality and privacy. This chapter will introduce several illustrative examples from some countries and show how archival legislation can complement the scope of law regulating the field of post-mortem privacy protection. The chapter will focus on introductory general international comparison, the case law of the European Court of Human Rights regarding the archival sector and its relation to the protection of personal data and personal information of living persons, the right to be forgotten together with the freedom of expression, right to access to information and will conclude with an analysis of the specific situation in Germany.
3
Thierry, Bonneau. "Part III Prospectus Liability and Litigation, 21 France." In Prospectus Regulation and Prospectus Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198846529.003.0021.
Full textAbstract:
This chapter sets out the French law. Financial operations triggering the obligation to draw up a prospectus are common in France. By contrast, the chapter shows that there is no judicial decision holding people accountable for infringing the prospectus legislation. However, this does not mean that there are no decisions concerning prospectuses or, more generally, financial information. The chapter asserts that these decisions to in fact exist. However, in these decisions, either provisions other than provisions of the prospectus legislation are applied to prospectuses, or the document of information is other than the prospectus. More often than not, the decisions are about people who are accused of having spread false or misleading information. From this point of view, these decisions are relevant regardless of the context and the document used in order to disseminate such information. The solutions resulting from these decisions are applicable to difficulties concerning information included in a prospectus.
4
Peglow, Kerstin. "End of Life legislation under German Civil Law." In Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom, 187–96. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845296777-187.
Full text
5
Butler, Anthea. "Saving the Nation." In White Evangelical Racism, 33–56. University of North Carolina Press, 2020. http://dx.doi.org/10.5149/northcarolina/9781469661179.003.0003.
Full textAbstract:
By looking at the new evangelicalism through the lens of Billy Graham and his contemporaries, Butler illuminates the lines that evangelicals drew around racial, social, and political issues. They held on to their fundamentalist racial ideologies but, under the guise of “Americanist” culture and obedience to the law, updated them to soften the edges. While evangelicals and fundamentalists battled each other over theology and scripture, their cultural and social racism held them together. Racism could be acknowledged as a sin but one in which only Christ himself would intervene. Gradualism, not marches or legislation mandating integration, was the proper Christian way to effect change. At the same time, evangelicals also believed that their religious values, their “new evangelicalism,” should be drawn into governing in a kind of Christian nationalism—or, as it was called at the time, “Americanism.” At the center of this battle stood Billy Graham. He was the exemplar of the “new evangelicalism,” helping to establish the outlines of what would develop into a tight and ongoing relationship among evangelicals, politics, and the presidency.
6
Rowan, Solène. "The Place of Contract Law in the Law of Obligations and the Sources of Contract Law." In The New French Law of Contract, 15—C2.N81. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198810872.003.0002.
Full textAbstract:
Abstract This chapter notes the key principles of contract law. In France, contract law forms are included as part of the law of obligation. Juridical acts mostly focus on contractual obligations, while juridical facts are the source of extra-contractual obligations and quasi-contracts. On the other hand, the no-option rule avoids undermining either extra-contractual liability or the allocations of contract risks. Codified legislation, decided cases, and legal writings are also noted as the primary and most influential sources in the development of French contract law. The chapter also tackles how the Catala proposals and Terré project served as foundations for the later development of the Civil Code.
7
Marshall, Bill. "Equality and Difference Queering Guyane?" In Locating Guyane, 201–18. Liverpool University Press, 2018. http://dx.doi.org/10.3828/liverpool/9781786941114.003.0012.
Full textAbstract:
This chapter begins by presenting the role of Christiane Taubira in defending and promoting the 'mariage pour tous' legislation in France, including the references made to the work of Léon Gontron-Damas. This is then linked to two conceptual signposts: firstly, Tzvetan Todrov's La Conquête de l’Amérique (1982) and his exploration of 'the two elementary figures of alterity'; and secondly, Didier Eribon's Une Morale du minoritaire (2001), which makes links between the social processes of inferiorisation inherent to class society, colonialism, and homophobia. This conceptual section will then be followed by an analysis of Caribbean sexualities, and their theorisations, in relation to the specificities of Guyane, including the racial and sexual inversions associated with the period of the penal colony. Positing an active queerING in this context – with the emphasis on the process - and its capacity creatively to build on the anomalies of Guyane's history and contemporary reality, the article ends by looking at recent fiction that exemplifies this process.
8
"Comparative end-of-life legislation in Germany, France, Italy, Great Britain and India." In Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom, edited by Stephanie Rohlfing-Dijoux and Uwe Hellmann, 71–72. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845296777-71.
Full text
9
Macknight, Elizabeth C. "Divisions of inheritance." In Nobility and patrimony in modern France. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526120519.003.0003.
Full textAbstract:
The Assembly abolished primogeniture on 15 March 1790 and introduced the law on partible inheritance on 8 April 1791. Under the ancien régime nobles had benefited from more flexible arrangements with a welter of possibilities for allocating inheritance. The legal systems varied across the country with written law operating in most of the south and local customary systems in the north. Decision-making was also influenced by social status. This chapter focuses on the apportioning of patrimony, especially nobles’ responses to the notion of equality among siblings that underpinned revolutionary reforms in legislation. It engages with debates conducted among scholars of the Middle Ages and early modern era about law, gender, and emotion, and presents new findings from analysis of nobles’ wills, marriage contracts, and letters from the nineteenth and twentieth centuries.
10
Macknight, Elizabeth C. "Protecting property during revolution." In Nobility and patrimony in modern France. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526120519.003.0002.
Full textAbstract:
This chapter presents a wealth of new archival evidence on nobles’ actions and attitudes during the French Revolution. Various forms of property and evidence of ownership were destroyed or removed from nobles’ possession, which threatened nobles’ capacity to transmit economic, cultural, and symbolic capital to the next generation. Letters, wills, receipts, account books, certificates, passports, and petitions reveal how the effects of multiple decrees played out in personal and familial histories. For the nobility the rapid evolution of legislation meant that the consequences of any one revolutionary law became entangled with the consequences of another. Documentation of noblewomen’s experiences brings fresh insights and understanding to issues often over-looked in historical writing weighted toward aristocratic male military and political involvement.
Conference papers on the topic "Racism – Law and legislation – France"
1
Abdullah, Yahya. "Judicial oversight of applications submitted to the administration is a reason for its development." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp191-212.
Full textAbstract:
"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to its competent authority, and the legal period granted to the administration to respond to their requests has passed, individuals resort to the judiciary, and submitting the request to the non-competent authority prevents the judiciary from accepting their claim, which wastes their rights and thus harms them. Therefore, the administrative judiciary in many countries has extended its control over this case to consider the application submitted to a non-competent administrative body as if it was submitted to its competent authority, given that the state is a single public legal person. Accordingly, the request submitted to any party starts from the legal period available to the administration to meet the requests of individuals and in its absence the implicit administrative decision of rejection or acceptance arises. Accordingly, we will study the jurisprudence of the French, Lebanese, Egyptian and Iraqi judiciary in this study. The importance of the study lies in the implications of the subject of requests submitted to the administration, the delay in their completion, the silence of the administration, and the consequent effects and exposure to the rights of individuals. And that it will show how to confront this silence, neglect and intransigence of the administration. The idea of implicit administrative decisions, resulting from the administration’s silence on the requests submitted to it, is an effective means, which makes the administration more positive and enables individuals to confront the administration’s silence, and prevents its intransigence, arbitrariness or neglect. The problem of the research is that can silence be an expression of the will? How do individuals protect themselves from the actions of the administration, and who guarantees its non-bias, arbitrariness and deviation? Does submitting the application to a non-competent body protect the rights of individuals? ? And the extent of judicial oversight on the authority of the administration.? And the extent of the compatibility and divergence of the positions of the administrative judiciary in France, Lebanon, Egypt and Iraq regarding this.? From the above in explaining the importance of the study and its problem, we can deduce the scope of the study, which is the study of judicial control over the requests submitted to the administration by taking an overview of the nature of the requests, their types and distinguishing them from others, and the position of each of the legislation, the judiciary and jurisprudence from it. The research consists of two sections, the first deals with the nature of the request and what is related to it, and the second is judicial control over the applications submitted to the administration, as follows"