Journal articles on the topic 'Racism – Law and legislation – France'
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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.
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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.
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Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 13, Issue 2 (June 1, 2004): 82–83. http://dx.doi.org/10.54648/ecta2004019.
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Chaulin, Vincent. "Legislation: France." EC Tax Review 8, Issue 4 (December 1, 1999): 271–72. http://dx.doi.org/10.54648/ecta1999066.
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Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 13, Issue 1 (April 1, 2004): 33. http://dx.doi.org/10.54648/ecta2004007.
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Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 12, Issue 2 (June 1, 2003): 115. http://dx.doi.org/10.54648/ecta2003023.
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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.
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‘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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Greenleaf, Graham. "Solving the Problems of Finding Law on the Web: World Law and DIAL." International Journal of Legal Information 29, no. 2 (2001): 383–419. http://dx.doi.org/10.1017/s0731126500009483.
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Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.
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Kanstroom, Emily. "Justifying Torture: Explaining Democratic States’ Noncompliance With International Humanitarian Law." Frontiers: The Interdisciplinary Journal of Study Abroad 14, no. 1 (December 15, 2007): 51–95. http://dx.doi.org/10.36366/frontiers.v14i1.202.
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This article presents an undergraduate student research project about the relationship of liberal democratic countries to international humanitarian law legislation through a comparison between the United States and France conducted in Paris, France.
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Krent, Mollie. "Remediating Racism for Rent: A Landlord’s Obligation Under the FHA." Michigan Law Review, no. 119.8 (2021): 1757. http://dx.doi.org/10.36644/mlr.119.8.remediating.
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The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I illustrates how the purpose and text of the FHA and analogous civil rights provisions suggest that a landlord should be held liable for her response to tenant-on-tenant harassment. Part II analyzes the standards of liability for tenant-on-tenant harassment that currently exist in the context of the FHA. Part III argues that a negligence standard of liability best accounts for the special status of the home and the unique nature of the landlord-tenant relationship.
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Flower, Joanna. "Negotiating European Legislation: The Services Directive." Cambridge Yearbook of European Legal Studies 9 (2007): 217–38. http://dx.doi.org/10.1017/s1528887000002809.
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The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.
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Юсупова, Зиля. "THE IMPACT OF EUROPEAN UNION ENVIRONMENTAL POLICY ON THE FRENCH LEGISLATION ON ENVIRONMENTAL PROTECTION." Bulletin of the Institute of Law of the Bashkir State University 1, no. 1 (January 1, 2018): 84–90. http://dx.doi.org/10.33184/vest-law-bsu-2018.1.10.
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The development of legislation on environmental protection in France was significantly influenced by the legislation of the European Union. The close interaction of the legal development of its member states led to the formation of a uniform approach to the implementation of environmental activities. Within the framework of the European Community, and subsequently the European Union, seven sectoral environmental programs for the implementation of measures in the field of environmental protection were developed, which consistently replaced each other. The whole set of legal acts of the European Union and the principles of environmental legislation formed on their basis are reflected in the relevant constitutional law of France, namely the Environmental Charter, and in many other legal acts aimed at harmonizing national and European legislation.
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Goncharov, Alexander, Irina Zemlyanskaya, and Galina Baryshnikova. "Comparative Analysis of Terminology of Tax Law of Russia and France." Legal Concept, no. 4 (December 2021): 72–76. http://dx.doi.org/10.15688/lc.jvolsu.2021.4.9.
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Introduction: Russian and French tax legislation presupposes the presence of special terms reflecting taxation processes, therefore, the article raises the question of the initial definition of all terms with the meaning of “tax” and characteristics that determine its economic essence. Everything mentioned above determined the relevance of scientific work and the authors set the aim of conducting a comparative analysis of the terminology of tax law in Russia and France. Methods: the methodological basis of this research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of consistency, analysis, comparative legal and descriptive. Results: the author’s position substantiated in the work is based on the tax legislation of Russia and France. Based on a comparative analysis of the norms of the Tax Code of the Russian Federation and the Tax Code of France, a study of the types of tax payments is carried out. The question of the term “tax and collection” is raised. Conclusions: as a result of the study, it was determined that the term “taxes and fees” is used as a generic one, while the preference for establishing various types of taxes and fees applied in Russia and France is given to such a specific term designation as “tax”. It was revealed that, despite the use in the tax legislation of France in the name “taxe”, “la taxe foncière” is a tax. It has been established that in the Tax Code of the Russian Federation and the Tax Code of France, the terms of taxation are used as a means of formalizing the language for special purposes and contribute to the establishment and development of legal discourse.
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Tatarinova, S. S. "PECULIARITIES OF DEVELOPMENT OF LEGISLATION ABOUT THE PROTECTION OF COMPETITIVENESS IN FRANCE." Juridical Analytical Journal 15, no. 1 (November 8, 2021): 10–14. http://dx.doi.org/10.18287/1810-4088-2020-15-1-10-14.
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The article considers the specifics of occurrence and the basic stages of development of the legislation on protection of competition in France. The author reveals the impact of socio-economic and political aspects in the formation of antitrust policy. France, as a state member of the European Union, subject to the rules of supranational law, the analysis of which is paid special attention. The author concludes about the growing influence of EU law over national law of France, including in the sphere of protection of competition.
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Atour, Rana. "Combating Racism through Jordanian and UAE Legislation Comparative Study with the Latin and Anglo-Saxon Systems." Journal of Law 16, no. 01 (April 1, 2019): 55–89. http://dx.doi.org/10.12785/law/160102.
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Shoniya, G. V. "Employment Contract in France." Actual Problems of Russian Law, no. 7 (July 1, 2018): 224–31. http://dx.doi.org/10.17803/1994-1471.2018.92.7.224-231.
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The article examines some issues of the institution of the employment contract in France. The author examines the concept of an employment contract in the 1980s of the last century and in the present period, draws attention to the changes and reforms of labor legislation that have been carried out in recent years. At the end of the article, the author summarizes the results of the analysis and suggests conclusions. It is noted that the experience of French legislation, taking into account the diversity and specificity of labor of various categories of workers and forms of employment, deserves attention and study. This will allow the Russian legislator to take into account both positive and negative aspects for its implementation during lawmaking in the sphere of labor law, which eventually will ensure greater effectiveness of such an institution as an employment contract.
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Duguet. "Euthanasia and Assistance to End of Life Legislation in France." European Journal of Health Law 8, no. 2 (2001): 109–23. http://dx.doi.org/10.1163/15718090120523448.
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Dyuka, A. "LEGAL REGULATIONS OF ART IN FRENCH LEGISLATION." Reproductive Medicine, no. 2(43) (June 20, 2020): 17–21. http://dx.doi.org/10.37800/rm2020-1-11.
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France is one of the rare countries which implements the fundamental mechanism for improving legislation on Bioethics. Since 1994, every five years bioethics laws are revised in order to follow medical advances (medicine), authorize new practices and impose restrictions, expressly in order to guarantee the fundamental principles laid down by the Law N94-653 of 29 July 1994 (dignity, primacy of the human person, inviolability, integrity and non-ownership of the human body and its elements). Medically assisted procreation (ART) is one of the fields under regular review. This article outlines the French law on ART and surrogacy. In spite of the fact that surrogacy is prohibited in France, the infertile couples seek surrogacy outside of the country. Over the last few years, under pressure from the ECHR and expressly to protect child interests, the French relaxed their position in order to recognize the affiliation of children born from surrogacy. The current revision of bioethical laws aims, among other things, to open up access to ART for all women (including single women and lesbian couples) and to simplify the recognition in France of the affiliation of children born by surrogacy abroad.
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Марку, Жерар, and Zherar Marku. "THE LAW AND LAW-MAKING IN FRANCE." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14262.
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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
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Trouille, Helen. "Private Life and Public Image: Privacy Legislation in France." International and Comparative Law Quarterly 49, no. 1 (January 2000): 199–208. http://dx.doi.org/10.1017/s0020589300064034.
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In October 1998, at the height of the Monicagate scandal, the publication by the French publisher Plon of a novel which recounts the adulterous relationship in the 1960s between a politician bearing a marked resemblance to Francois Mitterrand, and a journalist, provided an interesting comparison between the attitudes of the French and of the Americans to the romantic dalliances of their respective leaders. For Jeanne Dautun's work of fiction Un ami d'autrefois is most certainly no Monica's Story, and French reactions to their President's lengthy extra-marital relationship with Anne Pingeot have been at the very least understanding, if not even compassionate. In France, the small gathering of graveside mourners amongst whom Mitterrand's mistress and illegitimate daughter Mazarine took their places shocked no-one, although many an eyebrow was raised in the United States. In truth, Mitterrand manipulated the release of information about his private life all along the line, “coming clean” only progressively with his approaching death. Although the general public knew nothing of his double life, journalists had been very much aware of the existence of this second family for a great many years, but had revealed nothing. The respect of his privacy in this relationship and the reactions of fellow French politicians to his unashamed infidelity contrast sharply with the fate reserved for Bill Clinton, the indiscretions of his private life exposed in the nation's press for all to enjoy. We may ask ourselves if French journalists are perhaps more gentlemanly, less cut-throat than their Anglo-Saxon counterparts. Or are the cliches which describe latins as inveterate romantics and lovers true after all? Or are these irrational judgments supported by powerful French legislation protecting the individual's right to privacy? This article aims to examine the main texts relating to infringements of privacy in France, highlighting in particular those committed by the press against public figures and celebrities.
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Beare, Tony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, Guillermo Canalejo Lasarte, Anne Robert, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 3." Intertax 44, Issue 3 (March 1, 2016): 247–65. http://dx.doi.org/10.54648/taxi2016017.
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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. In part 1, which was published in Intertax volume 44, issue 1, the authors scrutinized whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addressed whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Part 2, which was published in the previous Intertax issue, provided a general overview of the proportionality test in connection with exit tax legislation under Articles 49 and 54 TFEU, and subsequently discussed whether the exit tax legislation in France, Germany, Italy and the Netherlands is proportional. Finally, this part 3 reviews whether the exit tax legislation in Portugal, Spain and the United Kingdom is proportional, addresses which other transactions the ECJ’s exit tax principles apply to, and provides conclusions and recommendations.
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Beare, Tony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, Guillermo Canalejo Lasarte, Anne Robert, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 2." Intertax 44, Issue 2 (February 1, 2016): 163–79. http://dx.doi.org/10.54648/taxi2016011.
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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. In part 1, which was published in the previous Intertax issue, the authors scrutinized whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addressed whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Part 2 provides a general overview of the proportionality test in connection with exit tax legislation under Articles 49 and 54 TFEU, and subsequently discusses whether the exit tax legislation in France, Germany, Italy and the Netherlands is proportional. Part 3 of this article, to be published in the next Intertax issue, reviews whether the exit tax legislation in Portugal, Spain and the United Kingdom is proportional, addresses which other transactions the ECJ’s exit tax principles apply to, and provides conclusions and recommendations.
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Abzalova, Khurshida Mirziyatovna. "Subject Of A Crime Under French Criminal Legislation." American Journal of Political Science Law and Criminology 03, no. 01 (January 26, 2021): 63–68. http://dx.doi.org/10.37547/tajpslc/volume03issue01-10.
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This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.
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Jousset, Nathalie, Arnaud Gaudin, Damien Mauillon, Michel Penneau, and Clotilde Rougé-Maillart. "Organ donation in France: legislation, epidemiology and ethical comments." Medicine, Science and the Law 49, no. 3 (July 2009): 191–99. http://dx.doi.org/10.1258/rsmmsl.49.3.191.
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Vozik, N. R. "The Mechanism of Legal Responsibility for Violations of Media Law in Russia and France: A Comparative Analysis." Vestnik Povolzhskogo instituta upravleniya 22, no. 6 (2022): 39–48. http://dx.doi.org/10.22394/1682-2358-2022-6-39-48.
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The mechanism for implementing legal liability for violation of media legislation is studied. Special attention is paid to the analysis of the imposition of legal responsibility for violation of media legislation on various grounds.
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Campbell, Lyndsay. "Race, Upper Canadian Constitutionalism and “British Justice”." Law and History Review 33, no. 1 (February 2015): 41–91. http://dx.doi.org/10.1017/s0738248014000558.
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This article explores a puzzle in Canadian legal historiography: the meaning of “British justice” and its relationship to race. Scholars have noted the use of this term in the interwar years of the twentieth century, to object to demonstrations of racial bias in the legal system. The puzzle is why. From the mid-1850s onward, statutes aimed at circumscribing the rights and opportunities of aboriginal people multiplied. British Columbia passed anti-Chinese, anti-Japanese, and anti-Indian legislation. Saskatchewan prohibited Chinese and Japanese employers from hiring white women. At least some officials supposed that legislation targeting African Canadians would be permissible. In 1924, the TorontoTelegramcalled for a poll tax against Jews. It is clear that between 1880 and 1920 or thereabouts, federal and provincial law was deeply involved in creating and reifying legal categories that rested explicitly on physical distinctions perceived to exist among people, which were assumed to signal morally and legally relevant characteristics. Why, then, would anyone have thought that “British justice” should be a shield against racism?
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Ben-Youssef, Nadia, and Sandra Samaan Tamari. "Enshrining Discrimination: Israel's Nation-State Law." Journal of Palestine Studies 48, no. 1 (2018): 73–87. http://dx.doi.org/10.1525/jps.2018.48.1.73.
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In July 2018, the Israeli Knesset passed Basic Law: Israel – The Nation-State of the Jewish People (Nation-State Law). This article highlights three of the law's central premises: the entrenched supremacy of Jewish settlers; the erasure of indigenous Palestinians; and, with reference to borders, the effective annexation of those parts of historic Palestine that were occupied in 1967. The authors reflect on the passage of the law within a broader history of settler colonialism and in the current global context of growing authoritarianism and overt institutionalized racism. The passage of such a colonial piece of constitutional legislation in 2018 is a testament to the continued resistance of Palestinians and the growing movement for Palestinian rights. The authors argue that the alternative to the exclusionary Nation-State Law, a rights-based, people-centered framework, is a promising avenue to not only secure Palestinian rights, but also advance a universal struggle for equality and historical justice.
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Gould, Rebecca Ruth. "THE LIMITS OF LIBERAL INCLUSIVITY: HOW DEFINING ISLAMOPHOBIA NORMALIZES ANTI-MUSLIM RACISM." Journal of Law and Religion 35, no. 2 (August 2020): 250–69. http://dx.doi.org/10.1017/jlr.2020.20.
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AbstractResponding to recent calls made within the UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government's role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the concept of a government-backed definition of Islamophobia appears hypocritical and untenable. Alongside opposing government attempts to define Islamophobia (and Islam), I argue that advocacy efforts should instead focus on disambiguating government counterterrorism initiatives from the government management of controversies within Islam. Instead of repeating the mistakes of the governmental adoption of the International Holocaust Remembrance Alliance (IHRA)'s definition of antisemitism by promoting a new definition of Islamophobia, we ought to learn from the errors that were made. We should resist the gratuitous securitization of Muslim communities, rather than use such definitions to normalize compliance with the surveillance state.
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Zielke, Rainer. "Anti-avoidance Legislation of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden in the Thirty-Four OECD Member Countries: Germany, France, United Kingdom, and Italy Comp." EC Tax Review 23, Issue 2 (March 1, 2014): 102–15. http://dx.doi.org/10.54648/ecta2014011.
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Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.
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Mouthaan, Solange. "Linguistic Minorities and Educational Rights in France – The Corsican Example." European Public Law 13, Issue 3 (September 1, 2007): 433–59. http://dx.doi.org/10.54648/euro2007026.
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Europe, with the European Charter for the Protection of Regional and Minority Languages and the Framework Convention for the Protection of Minorities has acknowledged that the protection of its cultural identity, of which languages form part, is vital. Despite these efforts, States have adopted varying measures. France, for constitutional reasons, is unable to recognize officially any of its linguistic minorities. As a consequence, in practical terms, French legislation on the subject of minority language instruction at school cannot really promote, for example, the teaching of Corsican, because it must be seen to be of a voluntary nature. In other words, a minority language will be taught as long as it is not compulsory. This principle has the unfortunate corollary of threatening the existence and survival of France’s minority languages.
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Osipov, Evgeny. "Modern France and the Problem of Religious Radicalism. Evolution of Legislation." ISTORIYA 12, no. 5 (103) (2021): 0. http://dx.doi.org/10.18254/s207987840015927-8.
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The article examines the evolution of French legislation on the issue of preserving religious and national identity and countering the spread of radical Islam in the past few decades. Particular attention is paid to the 2004 law banning religious symbols in schools and the work of the commissions of B. Stazi and J.-P. Obin, acting in 2003—2005. It was then, in the middle of the first decade of the 21st century, that the members of the two state commissions attempted a comprehensive approach to solving the Islamic question in France, but the state authorities limited themselves to a simple ban on religious symbols in schools, and in subsequent years there were no major changes in the state approach to solving the problem, which has become one of the main reasons for the sharp deterioration of the situation in the past few years. E. Macron, who initially distanced from the issues of identity, has already done a lot to change the situation. It was on the initiative of Macron that a law on the strengthening of republican values has been developed today and will soon be adopted, which, finally, presents a comprehensive approach to solving the problem of religious radicalism in the Fifth Republic.
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Sizova, Viktoriya. "Formation, development and current state of the system of the Special part of the criminal legislation of the Criminal code of France." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 137–45. http://dx.doi.org/10.35750/2071-8284-2021-1-137-145.
Full textAbstract:
he study of the formation of the system of special part of the French criminal law is relevant. The importance of the research is determined by foreign experience value from the point of view of formation and development of criminal law norms. The latter regulates criminal prosecution for specific criminal acts from the perspective of economic development of the country. It enables us to draw a conclusion to implement a positive French experience into Russian criminal legislation. The main idea of this work is to study the main stages of the formation and development of the system of the special part of criminal law of France comitting reviewing in detail specific groups and types of criminal acts, which is not possible in one publication and will form the basis of the author’s subsequent publications.
Problem statement. The criminal law of France today is an example of unification and harmonization of the criminal law system of European countries. Thus, for effective structuring of elements of the Special part of the Russian criminal legislation, it is necessary to study the experience of the special part of the French criminal legislation formation.
The aim of the paper is to develop a scientific understanding of the main stages of the formation and evolution of the system of the special part of criminal legislation in the context of a possible design of certain provisions of the system of Russian criminal law based on the study of the experience of legislative presentation of specific criminal law norms in the Criminal Code of France.
Research methods: dialectics, analysis, comparative legal, system-structural, formal-logical, specifically historical.
Results and key conclusions: it should be noted that at the present stage of its development the Russian criminal legislation is not a perfectly structured system. This statement has been proved by a range of researches carried out by different specialists during recent years. In this regard, it was established that to improve the effectiveness of legal and technical design of the provisions of the Special part of the national criminal legislation, it is extremely important to refer to foreign experience taking into account conflicts of foreign criminal law norms and gaps made in the systematization of certain provisions of the Special Part.
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Cordisco, Nino. "The University of Siena and the Racial Laws: The Expulsion of Professor Guido Tedeschi." Israel Law Review 35, no. 1 (2001): 24–45. http://dx.doi.org/10.1017/s0021223700012073.
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A few years ago Giorgio Israel published a penetrating study on the relationship between Science and Race in Fascist Italy in which, referring to the anti-Jewish legislation adopted by the Fascist regime in 1938, he explained how academic culture not only lent scientific and doctrinal credence to racism through the works of outstanding intellectuals such as Nicola Pende, Sabato Visco, Giuseppe Maggiore and Giacomo Acerbo, but also took advantage of “the positions made available for an ‘indecent’ promotion”.This historical image is completely at variance with the description given by journalist Indro Montanelli who denied that “academia of that period was heartened by the racial laws, considering them a way to get new posts and promotions”. He claimed that “the academic culture did not support those laws either doctrinally or scientifically” and considered Prof. Israel's arguments superficial and groundless.
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Cournil, Christel. "Adoption of Legislation on Shale Gas in France: Hesitation and/or Progress?" European Energy and Environmental Law Review 22, Issue 4 (August 1, 2013): 141–51. http://dx.doi.org/10.54648/eelr2013011.
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This paper provides a chronological account of the eventful adoption of France's first law on shale gas. This governance issue calls into question the implementation of environmental principles, such as the principles of prevention, public information and participation, which were constitutionalized in the 2005 Environmental Charter. The hesitations of the French government illustrate the management difficulties at the state level with regards to new unconventional hydrocarbons that have a particular impact on the environment. On 13th July 2011, the legislator adopted a law that prohibited the use of hydraulic fracturing for the prospection of shale gas and oil. Although this represents a world first, it was designed hastily and has failed to satisfy any of the stakeholders involved. We examine the chronology of events, with particular focus on the chaotic governmental and legislative responses to public pressure on an unprecedented scale.
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Bondarenko, Dmitry Vladimirovich, Alena Aleksandrovna Antipova, Elena Nikolayevna Ryabova, Elena Nikolaevna Kasarkina, and Vladislav Nikolayevich Balykhin. "Legal regulation of the protection of the rights of abducted children (experience of France, Finland, and Sweden)." SHS Web of Conferences 118 (2021): 03007. http://dx.doi.org/10.1051/shsconf/202111803007.
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The purpose of the research is to analyze the law enforcement practice of protecting the rights of abducted children by the example of several European countries (France, Finland, and Sweden) and to highlight the main trends in the development of this practice at the international level. Research methods: analysis, synthesis, interpretation, structural-functional approach, classification, synthesis and interpretation of the information obtained. The main method of analysis of documents which are normative legal acts in the field of protection of the rights of abducted children at the level of international legislation, as well as the national legislation of France, Finland, and Sweden. The main result of the research was an analysis of the main national regulations on the protection of the rights of abducted children in France, Finland, and Sweden, as well as the activities of the central authority for international child abduction in these countries. In addition, the main trends in the development of law enforcement practice in the protection of the rights of abducted children at the international level were highlighted, using the examples of the countries studied. Scientific novelty of the research is substantiated by the determining role of The Hague Conventions of 1980 and 1996 as fundamental international documents in the field of international child abduction, the definition of the fundamental principle in the formation of national legislation and resolving the issues of protecting the rights of abducted children, and identifying the specifics of law enforcement practice in protecting the rights of abducted children in individual countries (France, Finland, and Sweden).
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Vlahna, Kastriote, and Hajredin Kuçi. "The Creation of the Right of Real Servitude: Derivative and Original Method Based on the Kosovo and Some European Countries." Hasanuddin Law Review 8, no. 2 (July 30, 2022): 111. http://dx.doi.org/10.20956/halrev.v8i2.3614.
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Legal provisions define the right of servitude as a real right both in local legislation and in the legislation of European countries. Based on the local legislation, some shortcomings are encountered when it comes to the right of servitude, particularly the right of servitude in kind. An issue that will have to be addressed and compared with the legislation of other countries is the crime of the right of real servitude, based on the ways of creating this right. Based on the local legislation, it is emphasized that the right of real servitude can be created based on a legal title, the decision of a state body and based on the law. At the same time, no more detailed division is made to show which legal title belongs in which way, that of derivatives or original. In comparison, legislation of European countries such as Germany, Austria and France, as well as regional countries, it is emphasized that there are two ways for the crime of the right of real servitude. After the ways are mentioned, the separation of legal titles is done; such a thing should be defined in the legislation of Kosovo. Nevertheless, based on the provisions of the legislation in force, we note that where the legal titles for the creation of the right of real servitude are mentioned, there it is known that there are two ways of creating the right of real servitude that the derivative way and the original way of obtaining the right of real servitude, only that it would be more correct if they specified which legal title is considered a derivative title, which in our case is the contract and testament, and which would be considered an original title, which could be the decision of the state body such as that of the court or any administrative body.
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Paterson, Robert K. "Heading Home: French Law Enables Return of Maori Heads to New Zealand." International Journal of Cultural Property 17, no. 4 (November 2010): 643–52. http://dx.doi.org/10.1017/s0940739110000408.
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New Zealand claims for the return of preserved tattooed Maori heads held by foreign institutions have revisited complex legal, ethical, and cultural questions surrounding human remains in museum and other institutional collections worldwide. Recent legislation in France that facilitates the return of Maori heads in French museums represents a further stage in this ongoing story.
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Taylor, Simon. "Clinical Negligence Reform: Lessons from France?" International and Comparative Law Quarterly 52, no. 3 (July 2003): 737–47. http://dx.doi.org/10.1093/iclq/52.3.737.
Full textAbstract:
On 4 March 2002, the French legislature enacted the ‘Patients’ Rights & Quality of the Health System Act’ which introduces reforms in the relationship between the medical profession and the patient.1 As part of this wider reform, Part IV of the Act establishes a new system for the compensation of victims of medical accidents. The new legislation retains the traditional liability rules but puts in place a parallel system which aims to guarantee compensation for serious accidents, whether or not the accident is caused by negligence, without the need to resort to litigation in these cases. The new French rules are of considerable interest in view of the current debate in the United Kingdom on clinical negligence reform.
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Nakhova, Elena A. "The The comparative analysis of the law of evidence in civil proceedings in France and Russia." Vestnik of Saint Petersburg University. Law 13, no. 1 (2022): 257–70. http://dx.doi.org/10.21638/spbu14.2022.115.
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The article deals with the problems of the legal nature and legislative consolidation of norms of evidentiary law in France and Russia. The author claims that it is more optimal to consolidate norms of proof and evidence in evidentiary law of Russia. At the same time, Russian theory of evidence needs radical reform. The legal approach to the concept of proof in legislation of Russia and France is differentiated. In French evidentiary law, the ranking of evidence is legally fixed, which cannot be recognized as dignity. However, legal norms regarding some means of proof are sufficiently developed. The means of proof, which are outdated as legislation and judicial practice, are still fixed. At the same time, the legal regulation of electronic evidence has been sufficiently developed, which can be recognized as an advantage of French evidentiary law. Russian evidentiary law does not provide for legal regulation of electronic evidence as an independent means of proof. The following areas of improvement of Russian evidentiary law are highlighted: improvement of the theory of proof, optimization and unification of the legal regulation of the rules of evidence, reception of effective means of regulation from the evidentiary law of foreign countries, and detailed legal regulation of individual means of proof.
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Borshcheniuk, Vera, Nina Semeryanova, Uliana Filatova, and Valeriy Zhabskiy. "The concept of “justice” in the legislation of Russia and France, implementation features." E3S Web of Conferences 135 (2019): 04006. http://dx.doi.org/10.1051/e3sconf/201913504006.
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The relevance of the study is determined by the prevailing variety of approaches to understanding the essence of the concept of “justice”, which is characteristic of both Russia and France. Such variability leads to a persistent distortion of this concept in practice of law enforcement, which, in turn, affects the effectiveness of administration of justice. The aim of the authors is to study scientific theoretical views and practical issues associated with the implementation of the principle of justice in two states. In the work we used following methods: dialectics, analysis, synthesis, deduction, as well as the formal legal and comparative legal method.Based on the analysis of the doctrine, legislation and judicial practice of two states, Russia and France, the following conclusions are drawn. At present, “justice” is understood as a universal notion, which is not limited only by coverage of regulatory norms of the law, but is actively applied by judicial practice. The use of this concept allows the court to make fair decisions depending on specific circumstances of the case, thereby achieving a balance of interests of participants in the process by interpreting and clarifying the law, and in some cases by creating a new rule of law that allows the courts to ensure the effective implementation of the principle of justice. However, in order to avoid variability in understanding this notion, it is proposed to fix the concept of “justice” in the civil procedure code, this will reduce the percentage of judicial conflicts and will contribute to formation of a uniform judicial practice.
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Créteau, Élodie, and Natalia Rostovtseva. "The Concept of Commorientes in French and Russian Inheritance Law." Russian Law Journal 8, no. 1 (March 27, 2020): 4–24. http://dx.doi.org/10.17589/2309-8678-2020-8-1-4-24.
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The article is devoted to the consideration of the concept of commorientes in French and Russian inheritance law. The commorientes are individuals, entitled to inherit, reciprocally, to each other and considered to have died at the same moment, from the inheritance’s point of view. The commorientes do not inherit reciprocally. The work focuses on how French and Russian law determine the notion of commorientes. Inheritance rules, regarding the commorientes in France and Russian Federation from the beginning of the 19th century are analysed; subsequently, their current versions in force in the French Civil Code and the Russian Federation Civil Code are compared. Particular attention is paid to the issue of the time of the inheritance opening. In the Russian legislation this issue has not been unambiguously resolved for a long time. The article presents the evolution of the Russian and French rules on inheritance after the commorientes. In French law, presumptions of survival have been in effect for many years, allowing to determine the sequence of deaths of people who died as a result of the same event. The article contains the rules of the current legislation in France and in the Russian Federation, as well as suggestions for their improvement.
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Malberti, Corrado. "Fiduciary Arrangements in Civil Law Countries: Framing the Trustees Role and Duties." European Review of Private Law 24, Issue 6 (December 1, 2016): 1053–74. http://dx.doi.org/10.54648/erpl2016063.
Full textAbstract:
This article explores how some civil law jurisdictions – Luxembourg, Italy, and France, which all derive their law from the Napoleonic Code – frame the role and the duties of trustees. Even though influenced by the common law, these countries developed original and independent solutions. Yet, the approaches of these civil law countries to fiduciary arrangements, and to the rights and duties of trustees, are not homogeneous and, in each of these jurisdictions, it may be difficult to clearly define the position of trustees. I suggest that some of these difficulties derive from the complexity of reconciling several key features of common law trusts with some principles existing in civil law jurisdictions. After an introduction, this article analyses the essential features of fiduciary arrangements in three civil law jurisdictions: Luxembourg, Italy, and France. Then, it examines how the role and duties of trustees have been developed in these countries and outlines the respective advantages and limits of the solutions adopted in these legal systems. I conclude by examining the evolution of the legislation on trusts and fiduciary arrangements in San Marino, and finally arguing in favour of the adoption, in civil law countries, of legislation on fiduciary arrangements that is more coherent with the legal framework in which they will operate.
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Paye, Jean-Claude. "France: An Algorithmic Power." Monthly Review 67, no. 9 (February 1, 2016): 1. http://dx.doi.org/10.14452/mr-067-09-2016-02_1.
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The Paris attacks of November 13, 2015, demonstrate, if such a demonstration is still necessary, that the aim of new French intelligence laws is not to anticipate or prevent terrorist attacks, but simply to eliminate the private lives of French citizens. President Hollande's statements that delays in implementing the law were behind the "failure" of the intelligence services are a denial of the fact that this legislation only confirms existing practices. The Law on Intelligence, just like the law on military planning, is mainly an attack on private freedoms. The state of emergency will likewise eliminate public freedoms.… Following the November 13 massacres, the government is already considering changes to the Law on Intelligence, with the aim of "eas[ing] the procedures the intelligence services must follow when they would like to use means of surveillance." Yet this law does not establish any controls over the activities of the secret services. It does set up a National Control Commission, but this body has no effective possibility of carrying out its mission, and can only offer recommendations. It is not a question, then, of eliminating a control that does not exist, but of signaling that the very idea of monitoring the executive branch should be abandoned—a clear signal that no limitation can or should be placed on its actions.<p class="mrlink"><p class="mrpurchaselink"><a href="http://monthlyreview.org/index/volume-67-number-9" title="Vol. 67, No. 9: February 2016" target="_self">Click here to purchase a PDF version of this article at the <em>Monthly Review</em> website.</a></p>
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Dupagne, Michel. "Regulation of Sexually Explicit Videotex Services in France." Journalism Quarterly 71, no. 1 (March 1994): 121–34. http://dx.doi.org/10.1177/107769909407100112.
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In the mid 1980s, concern arose over the rise of sexually explicit services on the French videotex system. In examining the legal implications of these messageries roses, this article reviews how French courts applied criminal law to penalize providers of allegedly pornographic message services. Although the Tribunal correctionnel de Paris relied on statutory law to resolve the Néron case, it refused to extend existing print and audiovisual media laws to cover videotex, based on a judicial precedent against the applicability of press legislation to broadcasting. In July 1991, the Court of Appeals of Amiens condemned three messagerie rose managers as accomplices of users who had produced pornographic announcements because they had intentionally permitted these actions to occur by providing users the means to publicize messages encouraging debauchery.
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Lenon, Suzanne. "Polygamy, State Racism, and the Return of Barbarism: The Coloniality of Evolutionary Psychology." Studies in Social Justice 16, no. 1 (January 24, 2022): 143–61. http://dx.doi.org/10.26522/ssj.v16i1.2500.
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This article examines the race-thinking and colonial reasoning circulating in two recent developments in Canadian law with respect to polygamous marriage: the Polygamy Reference (2011) that upheld the Criminal Code provision on polygamy and the Zero Tolerance for Barbaric Cultural Practices Act (2015). This legislation introduced changes to Canada’s immigration regulations, which include the practice of polygamy as a basis for refusing foreign applicants and deporting foreign nationals. I address how insights from the field of evolutionary psychology were applied in the Polygamy Reference and what discursive and material resonances they had in the Zero Tolerance Act. Drawing on the work of Sylvia Wynter, I situate these judicial and legal developments in relation to violence, within colonial formations of state power, and as forces supporting white supremacy through the continuing valorization of monogamy as a foundational aspect of social and sexual citizenship in Canada.
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Elton, Robb, and Arthur Been. "The Interrogation of Hummingbird: A Qualitative Overview of Traditional Systems Oppression of the Oklahoma Indians." International Journal of English and Cultural Studies 5, no. 1 (May 7, 2022): 26. http://dx.doi.org/10.11114/ijecs.v5i1.5513.
Full textAbstract:
Historical analysis of Oklahoma traditions and policies relating to the various tribes reveals a theme of willful malice, organized systematic oppression, theft from, and killing of Indians. This tradition is grounded in racism and greed. Today, this philosophy continues — even after Supreme Court decisions McGirt v. Oklahoma (2020) and Sharp v. Murphy (2020) elucidated the historical harms and apt legal framework. These cases acknowledged Oklahoma Indian territory had always persisted. Through discussion about these cases, related legislation, historical events, including the U.S. Constitution’s Supremacy Clause, this paper connects Oklahoma’s law-breaking customs imposed on the Indians to its founding.