Dissertations / Theses on the topic 'Sanction'
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Koukezian, Thomas. "Sanction pénale sanction disciplinaire." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G018.
Full textDeux thèses s’affrontent concernant les liens qu’entretiennent la sanction pénale et la sanction disciplinaire. Une première conception considère que la sanction disciplinaire est distincte de la sanction pénale. Elle en diffère tellement qu’on ne saurait les rapprocher. L’autre conception, plus actuelle, considère que la sanction disciplinaire est une variété de la sanction pénale, qui la supplée ou la double, et qui obéit, en partie du moins, à des principes communs. La deuxième conception semble évidemment plus en phase avec la réalité. Cependant, cette façon d’entrevoir ces deux matières ne fait point l’unanimité. En considérant la sanction disciplinaire comme une fraction de la sanction pénale, comment entrer dans une telle considération devant le principe d’indépendance qui tient à distance les deux sanctions ? Et, si ce principe tient à distance les deux sanctions, c’est donc qu’il existe un domaine propre à chacune d’elles et une frontière entre ces deux domaines. L’étude consacrée aux sanctions pénales et disciplinaires se propose de tracer une frontière lisible entre ces deux sanctions et de mettre en lumière les caractéristiques peu connues de la sanction disciplinaire
Muller, Laurent. "La sanction est-elle éducative ?" Thesis, Université de Lorraine, 2020. http://www.theses.fr/2020LORR0141.
Full textIf punishment is a fact, is it legitimate all the same? Starting from the principle that fact does not law make, even if bolstered by a long-running historical tradition, we shall aim to scrutinize the reasons that turned punishment into a so-called pedagogical staple.Is the teacher fated to punish? Whether he seeks to raise – through atonement or responsibilization –, tame or control behavior through intimidation, scold according to principle – in reference to a law from which all values emanate –, the effect remains the same, and the logic remains patent: punishment is a wholly external constraint which cannot possibly motivate anyone efficiently and durably; it can only function if the punished person has already been indoctrinated. The use of a responsibilizing punishment thus appears to be incantatory.One must admit, however, that punishment channels behavior. And yet this channeling happens through molding the person through a process that is neither innocent nor harmless: the shaping of bodies and minds; the creation of means to blame, to fault, to guilt; the shaping of free will that makes each being exist for the sake of being punished, and therefore paradoxically makes punishment inevitable. The person shaped by punishment ends up being made to be punished: punishment means holding the law as gospel truth and flaunting its essence; therefore the one who punishes can only be obsessed by the idea of atonement.Another conception of education is possible nonetheless: one that abandons the idea of agency, of blame, and guilt, and advocates for a quiet transformation prior to acting. This skeptical transformation – which acknowledges the fundamentally unpredictable nature of education – suggest using tact to prevent conflict along with the act of mending to strengthen the social bond and build the future. Genuine autonomy does not wither under the immutable yoke of the law: it calls for emancipation through anomia (in Guyau’s sense) by creating a cosmic order conceived as emergence.Punishment, then, is far from being a staple of education: it could very well be a cure far worse than the ailing it seeks to cure. Indeed, it creates the homeostasis that it alone can enable further
Boukhdoud, Bahaa. "La sanction du manquement contractuel." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0111.
Full textThe subject of this thesis is the study of the sanctions of contractual beach. It is based on the comparative examination of this concept in the positive French and Lebanese Contract Law. Therefore, there are strong relationships between these two legal systems : French law has greatly inspired Lebanese law. our study is also based on the following dynamics ; reparation is generally presented by the main doctrine as the prevailing sanction in case of contractuel breach because as regards civil responsability, the tort and contractual liabilities are of the same nature. Our purpose is to prove that the performance of the contract is likely to be construed as the natural and logical sanction of the contractual breach and cannot be limited to the mere role of a secondary sanction of a contractual breach as assigned by a certain doctrine
Tzutzuiano, Catherine. "L'effectivité de la sanction pénale." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0093/document.
Full textThe question of the effectiveness of criminal sanction is the cause of great debate. The criminal sanction would be, so often, partially effective. It must be said that according to common thinking, the effectiveness of criminal sanction corresponds to the rate of application of the pronounced sanction and to the relation of conformity between the pronounced sanction and the executed sanction. Any difference between these two poles could be seen as the demonstration of a situation of ineffectiveness. This approach of the effectiveness is simplistic, it does not make it possible to apprehend this notion in its entirety. Considering as effective “what produces an effect”, the study of the effectiveness of criminal sanction cannot be limited to simply checking the correspondence between the pronounced sanction and the executed sanction, it extends to the evaluation of the effects produced by the sanction. The effectiveness, which is a state, cannot nevertheless be confused with the execution which corresponds to the whole of the process making it possible to reach that point. At the core of the search for the production of the sanction’s effects, the execution is then the source of the required effectiveness. In all probability, the executed sanction will produce effects. However, unless we empty the notion of effectiveness of its meaning, it is not possible to consider that all of the effects which the sanction is likely to produce concern its effectiveness. Only the effects in conformity with the finality which is assigned to it integrate this notion. While distinguishing the effectiveness from the efficacy, the effectiveness of the sanction will be assessed in light of the effects which contribute to the maintenance of social peace
Tzutzuiano, Catherine. "L'effectivité de la sanction pénale." Electronic Thesis or Diss., Toulon, 2015. http://www.theses.fr/2015TOUL0093.
Full textThe question of the effectiveness of criminal sanction is the cause of great debate. The criminal sanction would be, so often, partially effective. It must be said that according to common thinking, the effectiveness of criminal sanction corresponds to the rate of application of the pronounced sanction and to the relation of conformity between the pronounced sanction and the executed sanction. Any difference between these two poles could be seen as the demonstration of a situation of ineffectiveness. This approach of the effectiveness is simplistic, it does not make it possible to apprehend this notion in its entirety. Considering as effective “what produces an effect”, the study of the effectiveness of criminal sanction cannot be limited to simply checking the correspondence between the pronounced sanction and the executed sanction, it extends to the evaluation of the effects produced by the sanction. The effectiveness, which is a state, cannot nevertheless be confused with the execution which corresponds to the whole of the process making it possible to reach that point. At the core of the search for the production of the sanction’s effects, the execution is then the source of the required effectiveness. In all probability, the executed sanction will produce effects. However, unless we empty the notion of effectiveness of its meaning, it is not possible to consider that all of the effects which the sanction is likely to produce concern its effectiveness. Only the effects in conformity with the finality which is assigned to it integrate this notion. While distinguishing the effectiveness from the efficacy, the effectiveness of the sanction will be assessed in light of the effects which contribute to the maintenance of social peace
Allen, Kevin. "WINNING THE WAR: SANCTION EFFECTIVENESS AND CONSEQUENCES." UKnowledge, 2019. https://uknowledge.uky.edu/economics_etds/48.
Full textBaldes, Olivia. "La sanction professionnelle en droit pénal des affaires : contribution à une théorie générale de la sanction." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1039.
Full textThe subject evokes the idea that professional sanction is the sanction applicable tobusiness criminal law. Indeed, in accordance with the terms used, one should logicallyunderstand that the subject concerns “business criminal law” and more specifically a sanction that would potentially apply to it, namely “professional sanction”. Paradoxically, however, the links between the different terms are not clearly defined by law. At this stage, only an intuitive link connects them. Our approach has therefore been to confront this intuition, our starting point, with current law and to expose all its particularities. Thus professional sanction needed first to be conceptualized with an empirical analysis of the notion that we have translated into a dual objective, then with a theoretical analysis revealed in a single base. Eventually, this attempt to conceptualize has proved useful not only to those who try to elaborate a general theory of sanction, but also to those who are studying the possibility of a decriminalization of business criminal law
Sun, Yushuang. "Sanction Success and Domestic Dissent Groups." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/628.
Full textEddadsi, Bouchra. "La certitude de la sanction pénale." Nice, 2010. http://www.theses.fr/2010NICE0040.
Full textOunnir, Abdallah. "La Sanction en droit pénal marocain." Toulouse 1, 1988. http://www.theses.fr/1988TOU10034.
Full textThe legitimacy of the penal intervention is currently being questioned. In western countries those who advocate penal repression oppose those who would favour the very abolition of criminal law. In islamic countries, since the beginning of the iranian revolution, we have been witnessing a revival of the metaphysical and religions consensus in the field of criminal law. Fundamentalists do refer to an order superior to the social one to convince both the offender and the judge that the ponalty imposed is fair. Criminal law was customary in pre-islamic morocco. Then it was turned into koranic following the arabic invasion. During the protectorate years, progress was nationalized and islam modernized. Today modernity is to be islamized and an absolute morality is to be founded facing the human diversity
Mézard, Maximilien. "La négociation de la sanction pénale." Toulouse 1, 2009. http://www.theses.fr/2009TOU10050.
Full textEven so imperative, criminal law recently opened onto negotiation. To avoid mass litigation, some specific litigations, or big criminal organizations, negotiation appeared as a new tool to settle criminal disputes. Rarely established by texts, negotiation nevertheless interferes in Courts' pratice using the defendant's agreement. Only confined to criminal transaction for a long time, which puts off criminal prosecution, based on the defendant's agreement to plead guilty and to accept his sentence, criminal sentence negotiation has significantly increased during the last years. With the same mechanism of their precursor, the French criminal "composition" and the plea bargaining must allow, disregarding debates on guilt, to speed disputes resolution, in order to reduce Courts congestion. With criminal mediation disputes, negotiation provides a new purpose to criminal dispute resolution, to restore the social link between an offender and his victim. More limited but also more controversial, negotiation, in order to obtain evidences, and the regret of a criminal organization member, confers on alternative dispute resolution a bad reputation. Several critics blamed that for establishing bargaining, deeply altering the role of traditional actors in criminal procedures, and its difficult compatibility with the guiding principles of the criminal justice system
Bagnah, Gamon Gazarou. "L'encadrement juridique de la sanction administrative." Paris 12, 1996. http://www.theses.fr/1996PA122007.
Full textIruela, Marion. "La sanction du comportement du contractant." Thesis, Toulouse 1, 2021. http://www.theses.fr/2021TOU10008.
Full textThe study of the sanction of the behavior of the contractor is of particular interest at a time when the law of ratification of 21 April 2018, introduces a movement of consecration of the concept. This momentum is mainly reflected in a political will to strengthen the attractiveness of contracts, and legal certainty. However, despite its omnipresence, the sanction of behavior remains a polysemic notion whose meaning is uncertain. Is it a reaction? A punishment? A reparation? It’s sometimes considered as a remedy, sometimes characterized by its preventive, restorative or punitive function. Therefore, the task undertaken is to delineate the contours of the sanction of behavior, in order to define it, and to explore its implementation. It’s a question of showing why it’s not a remedy why it’s not only a punishment and why it should not be considered only in the past, the present, or the future, but rather in each of these temporal dimensions. Through both a normative and proactive approach, the sanction of behavior appears as a real guidance instrument justifying the proposal of a specific regime
Kazanchi, Caroline. "La médicalisation de la sanction pénale." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1023.
Full textPathologising the criminal is nothing new, no more than is the latent trend to consider the offender as a patient. Yet criminal sanction appears to have gradually exceeded this symbolic association, progressively distilling the principle of a medical response to the unlawful act into the core of its operation. In doing so it gradually falls within a broader movement, that described by sociologists from the middle of the twentieth century: the medicalisation process.The study of the medicalisation of criminal punishments demonstrates an unprecedented mutation based on taking a class yet to be defined, that of care as a criminal punishment. It tends to measure different mutations carried by a series of laws marked by the acceleration and expansion of a process long associated with addictive problems. Has care become a substitute for punishment, or even a punishment in itself ? These are now the new problems that are stirring things up. In what is emerging as a redefinition of the architecture of punishment, for those responsible just like those who are criminally irresponsible, the penal system no longer recognises guilt without punishment, nor punishment without treatment. The tangibility of the process of medicalisation of criminal punishment was born of the progressive and intentional movement away from the traditional foundations of criminal punishment while, in a reverse movement, tightening its purposes, hence their theoretical reception right through to its implementation, around a therapeutic target
Ounnir, Abdallah. "La Sanction en droit pénal marocain." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37617239v.
Full textVauthier, Jean-Philippe. "Le psychiatre et la sanction pénale." Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0253.
Full textThe participation of psychiatrist in the penal sanction, relatively old, wasessentially limited to the assessment of the mentally disordered offenders’ liability. The evolution in recent decades makes him a special place and today, the solicitation of this specialist is both dual and separate. On the one hand, he is called in his capacity as doctor in order to provide the mental health care for those who carry an imprisonment. But in addition to this medical mission accessory tocriminal sanction, an intervention integrated to the sanction has added since psychiatric care is now a component of the sanction itself, as the care order, or its implementing rules, as the duty of care under a suspended sentence supervision order. On the other hand, the psychiatrist is called to collaborate in the process of sanction as an expert. But the psychiatrist's function has far exceeded the simpleframework of the assessment of the influence of a mental disorder on the transition to the act and is now focusing on the assessment of the dangerousness of the individual. However, the resurgence of the latter concept in positive law is a source of uncertainty. Its definition is imprecise and led the legislator to entrust the estimate mainly at the psychiatrist with expertise, the latter having deficienciesin both its scope and in its reliability. Moreover, it is the object of this dangerousness which raises the question of the distinction between punishment and safety measures. The expressions of the difficulties posed by the dangerousness, that affect the psychiatrist and the sanction, lead to rethink thedefinition of penal sanction in order to enhance the contribution of the psychiatrist
Desfour, Mary-Hélène. "Contribution à la réflexion sur la notion de sanction pénale dans le droit positif contemporain français." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1103.
Full textThe traditional conception of the notion of criminal penalty is based on a functional criterion that can be synthesized in two axioms: only the criminal penalty is punitive and all criminal penalties are punitive. This conception leads to the assimilation of the notion of criminal sanction penalty to that of punishment. The hypothesis of this analysis is to consider whether one can abandon this conception by checking whether the material criterion on which it relies is still relevant. The first part of the thesis tends to demonstrate that the traditional functional criteria is challenged when confronted with contemporary positive law data. It reveals a dualism of conception of the punitive function. Indeed, the internal common law and the law of human rights do not admit a unitary conception of this function which will lead to a split of jus puniendi which obsoletes the traditional criterion. The second part highlights the acceptance of a modern unitary criterion of the criminal penalty notion. Indeed, the renewal of the type of penalty at the edges of this concept, combined with the establishment of a common exclusion criterion of these penalties from the criminal penalty enable to establish that contemporary positive law (that is to say that having fully assimilated the normative dualism that now prevails in criminal law) now admits a modern criterion: the specific nature of the beneficial interest of the criminal penalty. The renewal of the criterion in fine therefore allows to consider a new definition of the criminal sanction and provides a justification for its contemporary developments
Jakabová, Maja. "Sankčné zoznamy Rady Bezpečnosti OSN: de-listing." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-17826.
Full textGrigor, Francois. "Establishing a fair sanction in misconduct cases." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021217.
Full textBottini, Eleonora. "La sanction constitutionnelle : étude d’un argument doctrinal." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100158.
Full textConsistently present in the legal discourse since the assertion of legal positivism, sanction is often confused with coercion and state violence, which resulted in his exclusion from the natural domain of public law, including Constitutional Law. As part of doctrinal discourse, according to a preliminary stipulative definition, this concept appears, however, very useful in order to understand the current constitutional debate, about how to approach constitutional science and its principal object, the constitution. The study of the uses of the concept of constitutional sanction by the doctrinal discourse can build two models of discourse: an exclusive model and an inclusive model. In both discourses, sanction is a instrumentum, but the stakes are very different, and yet still related to the prominence of a certain conception of the constitution and constitutional law; exclusive type of discourse tend to define the constitution as a norm through sanction, and inclusive discourse aims to make it effective beyond the purely legal sanction. The model worn by the exclusive normativist logic can be considered as a limited conception of the creation of legal norms, tending to exclude from the field of legal analysis any item considered impur. In contrast, the inclusive discourse recognizes a consensus pluralism, where all subjects are involved in creating norms and are more likely to obey to the constitution that due to the presence of a sanction. Inclusive discourse on constitutional sanction seeks to ensure fundamental rights by judicial sanctions, while maintaining the importance of the acceptance by individuals, and at the same time limiting the consensus of the law, at least for part of the subjects: the legislator in the broad sense
Grévy, Manuela. "La sanction civile en droit du travail." Paris 10, 1999. http://www.theses.fr/1999PA100044.
Full textFall, Moctar. "La sanction pénale islamique en droit mauritanien." Perpignan, 1997. http://www.theses.fr/1997PERP0313.
Full textThe mauritanian legislator tried according to the penal code reform in 1983. To set up a harmonious synthetis between two systems inspired differently by the muslim law and the french law. Does this a effort of codification succeed ? May the mauritanian penal code be used as a reference for the other muslim countries. In the conceptual level the code used the classical muslim terminology. To do so the sentences called houdoud; kissas; diya and tazir. For the method of evidence it bring in some sentences used in muslim law for some infractions. For some sentences called tazir or other incriminations it is inspired widely by the french law. This synthetics of two legal systems may bring about some problems. Indeed there is an interaction ot legal philosophies (charia and french law) that at in two different religious and non-religious fields; that have also differed fundament and infraction sum two visions of the world the universe and the human being - to do so there is no convergence both kind of penal philosophies. The mauritanian legislator has to modernise the penal code by bringing in some social protection sets or principals
Léost, Raymond. "La sanction des infractions aux obligations d'urbanisme." Limoges, 2003. http://www.theses.fr/2003LIMO0530.
Full textGrévy, Manuela. "La sanction civile en droit du travail /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb388025868.
Full textWood, Laura Matysek. "The Hallstein Doctrine: its Effect as a Sanction." Thesis, University of North Texas, 1989. https://digital.library.unt.edu/ark:/67531/metadc501041/.
Full textMASSON, NATHALIA FERREIRA. "THE CONCEPT OF SANCTION IN THE ANALYTICAL JURISPRUDENCE." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2007. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=11169@1.
Full textA presente dissertação diz respeito a um dos temas centrais da Teoria do Direito: o conceito de sanção. Muitos dos conceitos jurídicos básicos - inclusive o próprio conceito de Direito - encontram-se estritamente conectados com ele, de forma que um estudo cuidadoso sobre esse tema possibilitará que muitas outras questões fundamentais do Direito sejam, senão resolvidas, ao menos aclaradas. As inúmeras subdivisões que a complexidade do tema acarreta tornaram necessárias delimitações quanto ao objeto de estudo. Portanto, dentro da ampla esfera interessante ao pesquisador empenhado em deslindar o tema, optou-se por centrar a pesquisa em objetivos mais modestos: o de reconhecer e apresentar os principais problemas que encerram o conceito de sanção para a teoria do direito em três autores específicos - Jeremy Bentham, John Austin e Hans Kelsen - pertencentes a uma mesma tradição de pensamento jurídico, a Teoria Analítica do Direito (analytical jurisprudence). Tal escolha é facilmente justificável, em virtude da centralidade do conceito em suas concepções de Direito.
The present work refers to one of the central subjects of the Legal Theory: the concept of sanction. Many of the basic legal concepts - and the concept of Law itself - are strictly connected with it, in such a way that a careful study on this subject will make possible that many other basic questions of the Law are, if not solved, at least clarified. Because of the innumerable subdivisions caused by that the complexity of the subject, it had become necessary to delimitate the studied object. Therefore, within the wide area of interest presented by the subject, the researcher has opted to focus his/her work on more modest objectives: to recognize and to present the main problems concerning the concept of sanction inside the work of three specific authors - Jeremy Bentham, John Austin and Hans Kelsen -, being them all part of the same legal thought tradition, the analytical school of jurisprudence. Such choice is justified by the unquestionable importance that the authors confer to the sanctions in their legal theories.
Lefebvre, José. "Le pouvoir de sanction des autorites administratives independantes." Amiens, 1997. http://www.theses.fr/1997AMIE0051.
Full textThere are few independant administrative authorities which can punish any person who breaches the rules of a particular sector of activity. Since 1986, and thanks to a depenalization movement, bodies responsible for the supervision of competition, broadcasting, trading in stocks and shares and telecommunications have had this repressive jurisdiction. However, despite the choice of a legal definition which deliberately refers to administrative law, it is the spirit of penal law and not administrative law which is applied. Thus, as a result of the exercise of this repressive jurisdiction, there is a standardisation of the laws of punishment. The principles that guide the imposition of the penalty are respected in the spirit. In the same way, the aims of the penal sentence are adopted and adapted by the regulatory bodies in order to improve the penalty. Far from being autonomous penalties, those penalties imposed by independent administrative authorities relate to penal law. In parallel with this, the investigative procedures and the decision phase are adaptations of the procedures of ordinary law. Appeals brought against thses penalties in a civil court underline a change in terms of jurisdiction. On the one hand, the power of the independent administrative authorities to impose penalties means that they exercise a jurisdictional function in the first resort respecting the guiding principles of trial procedure. On the other hand, the respect of fundamental liberties allows the judge to take part in regulatory investigations which can strengthen penal control of the supervised sector. As a result of these interactions, there is a change in the way the judiciary and the independent administrative bodies are perceived. The convergence of their actions in both the form and content thus weakens the principle of the separation of administrative and judicial authorities
Chouvet-Lefrançois, Amandine. "La sanction répressive dans le droit français contemporain." Toulouse 1, 2006. http://www.theses.fr/2006TOU10045.
Full textThe concept of criminal penalty lacks consistency and unity. It is hard for lawmaker to determine its implementation rigorously, sometimes depreving it of its punitive character. The Constitutional Council ant the European Court of Human Rights apply common basic rules to penalties gathered under the concepts of "criminal charge" and "punitive penalties". Their approach is nevertheless limited as the characterization criteria they use are controversial and can be hard to construe. Thanks to punitive penalties, the inconsistencies of criminal law can be made up for. Based on this concept, punitive law gathers all punitive measures into a set of common rules. Any penalty which is the consequence of a fault cannot be imposed unless it is authorised by statute, matches the severity of the fault, complies with the right to a fair trial and is justified
Baugard, Dirk. "La sanction de requalification en droit du travail." Paris 1, 2006. http://www.theses.fr/2006PA010300.
Full textBebin, Xavier. "Pourquoi punir ? : l'approche utilitariste de la sanction pénale /." Paris ; Budapest ; Kinshasa [etc] : l'Harmattan, 2006. http://catalogue.bnf.fr/ark:/12148/cb401562538.
Full textBibliogr. p. [223]-235 p.
Ng, Ka-sing David, and 吳家聲. "Shoplifting should not be dealt with by criminal sanction." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31976360.
Full textMaroney, Thomas T. "Recidivism Measurement and Sanction Effectiveness in Youth Diversion Programs." Doctoral diss., University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/5417.
Full textID: 031001313; System requirements: World Wide Web browser and PDF reader.; Mode of access: World Wide Web.; Adviser: Thomas T. H. Wan.; Title from PDF title page (viewed March 25, 2013).; Thesis (Ph.D.)--University of Central Florida, 2012.; Includes bibliographical references (p. 253-262).
Ph.D.
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Health and Public Affairs
Public Affairs
Sciortino-Bayart, Stéphan. "Recherches sur le droit constitutionnel de la sanction pénale." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32008.
Full textCador, Petra. "Le traitement juridique des violences conjugales : la sanction déjouée /." Paris ; Budapest ; Torino : l'Harmattan, 2005. http://catalogue.bnf.fr/ark:/12148/cb399975452.
Full textDesnoyer, Christine Dekeuwer-Défossez Françoise. "L'évolution de la sanction en droit de la famille." Paris ; Montréal ; Budapest : Bagneux : l'Harmattan ; Numilog, 2001. http://www.numilog.com/bibliotheque/univ-reims/fiche_livre.asp?idprod=881.
Full textNg, Ka-sing David. "Shoplifting should not be dealt with by criminal sanction." [Hong Kong : University of Hong Kong], 1990. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12840579.
Full textMacdonald, Angela Dawn. "Boot camps: An alternative sanction for better or worse." CSUSB ScholarWorks, 2003. https://scholarworks.lib.csusb.edu/etd-project/2411.
Full textDesnoyer, Christine. "L'évolution de la sanction en droit de la famille." Lille 2, 2000. http://www.theses.fr/2000LIL20011.
Full textLeSeane, Cameron R. "Interdicting an adversary's economy viewed as a trade sanction inoperability input-output model." Thesis, Monterey, California: Naval Postgraduate School, 2017. http://hdl.handle.net/10945/53008.
Full textReissued 30 May 2017 with Second Reader’s non-NPS affiliation added to title page.
The United States has made use of economic sanctions to achieve political goals by limiting the relationship between trade, travel, and finance. However, economists are uncertain if the use of economic sanctions is effective and achieves the desired results. Applying the notion of demand-based inoperability, we present two nonlinear models to identify the optimal placement of sanctions and assess the sanctions' cascading effects to all sectors of an adversary's economy. For purposes of demonstration and validation, we pose a hypothetical scenario in which the U.S. considers trade sanctions on Canada. Specifically, our analysis proposes the Trade Sanction Inoperability Input-Output Model (TS-IIM). We devised this model to permit ranking of sectors by the order in which the greatest production loss occurs. Given the strong dependence of Canada on the United States, is it reasonable to expect that a sanction could result in economic repercussions? In response to this question, we also present the Inter-Country Inoperability Input-Output Model (IC-IIM), which extends the TS-IIM by considering the reduction in trade in value added (TiVA) the U.S. economy will experience. Our results from the TS-IIM and IC-IIM lead us to conclude that the proper design of a sanction considers not only the impact to an adversary's economy, but also sanction's associated repercussions at home.
Lieutenant, United States Navy
O'Driscoll, Kevin Michael. "Bomb, sanction, or negotiate understanding U.S. policy towards North Korea /." Connect to Electronic Thesis (CONTENTdm), 2010. http://worldcat.org/oclc/645638365/viewonline.
Full textSognigbé, Sangbana Muriel. "La sanction internationale de la violation des droits de l'homme." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3009.
Full textThe goal of effectively addressing human rights violations by imposing international sanctions has been hardly achieved. Under the UN Charter, even though non-judicial sanctions are applied as the common system, they are not effective enough in addressing the victim's needs. Committees established to monitor the application of human rights Conventions, while considering individual communications, can only make recommendations, as they are not even competent to handle serious human rights violations. In the absence of an effective mechanism to deal with serious human rights violations, the Security Council has extended the application of collective measures under Chapter VII of the Charter to human rights, resulting into operational difficulties limiting its scope. Therefore, the Security Council has diversified its sanctions in order to address these challenges. However, the collective measures, either targeted sanctions or judicial measures e.g. the establishment of criminal courts or referral to the International Criminal Court, only focus on the individual rather than the State. Although the State is the duty bearer under the international human rights obligations, it is not subject to binding sanctions, whether collective or criminal. The lack of effective sanctions against State and the insufficient guarantee for protection of the victim's rights call for a reform of the international human rights litigation. In addition to strengthening the treaty body system, it is worth considering the establishment of a World Court within the UN system to impose enforceable sanctions on States in case of human rights violation
Chakri, Abderrachid. "L'adaptation de la sanction pénale à la personnalité du délinquant." Paris 1, 1993. http://www.theses.fr/1993PA010256.
Full textLEE, KYUHWA. "La personnalisation de la sanction pénale : étude juridique et criminologie." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32012.
Full textEverybody seems to be satisfied with the word personalisation introduced in the new french penal code to entitle its section ii of the chapter ii of the title iii of the book first, which contains in fact the modes of individualisation of the penal sanction (art. 132-24 -132-70), and nobody seems to question whether it was reasonable to use in this way the word personalisation in place of that individualisation. As for us, taking the notion of personalisation in a sense quite different from that of individualisation, we wanted to deepen this new notion so that it can be a answer to the differents problems put forward as regards the penal sanction. The orientation we have chosen in the development of our theme was dictated essentially by epistemological and phenomenological considerations of the penal realities, carried out from the personalist points of view. And so our study implies both a contesting of the misuse of the word personalisation by the new penal code and new horizons for the criminel politics with this new notion
Touré, Barham. "L'insécurité en mer et le droit : mutations, prévention et sanction." Lille 2, 2000. http://www.theses.fr/2000LIL20012.
Full textNegrel, Pierre. "Contribution à la réflexion sur la notion juridique de sanction." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32073.
Full textKleinberg, Katja B. Crescenzi Mark J. C. "Reputations in economic coercion explaining the effectiveness of sanction threats /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,2028.
Full textTitle from electronic title page (viewed Feb. 17, 2009). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science." Discipline: Political Science; Department/School: Political Science.
Thomé, Nathalie. "Mutations et efficacité des politiques de sanction des Nations Unies." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32055.
Full textDo the evolutions of decision-making methods and techniques and the policy of strengthhening of the Security Council'role give an indication of a more substantial evolution such as it could be considered that the Security Council, and through it, the United Nations' Organization, could establish itself as a pole of interest and source of action, distinct from the membre states, that would transcend the latter's actions ? Do the evolutions not affect substantially the purely subjectivist functionning logic of international society, which would remain intact ? Does, finally, the Security Council and the United Nations constitute a convenient instrument for states, adaptations and evolutions occuring solely in ordre to better serve their interests ? This questioning brings us to the core of a classical theorical controversy. It opposes on the one hand the defenders of a so-called objectivist, or constitutionalist or "vertical" conception. According to them, the international system is gradually developing as a centralized and hierarchized model, capable of contraining states to respect common interests, through sanctions that would be decided and executed by the "international community", embodied by the Security Council. On the other hand, we find the defneders of subjectivist conception, who considered that the system functions because the states agree to it and so long they do, the unilateral decisions of the Security Council's effectiveness depending on their acceptation. Based on a review of the Security Council' practice and more generally, on the Organization's organs ans states' practice, but also on an analysis of doctrinal debates, our study presents all the juridical problems it raises concerning the fundamental nature of the Organization's law and its degree of evolution
Ruffieux, Gaëlle. "Les sanctions des obligations familiales." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND015.
Full textIn recent years, the body of penalties related to family law has known huge developments. At first sight, these developments give a taste of disorder: decline of penalties when breach of marriage duties, renewal of penalties against wife-beating, restoration of the removal of family allowances, discussion on the criminal responsibility of parents to their children, etc. Punishment, understood here as any legal consequences attached to the violation of a family obligation, is no exception to the observed global legislative inflation. Nevertheless, in recent decades, the law of sanctions has known specific changes in the family area. Composed of a wide variety of mechanisms, both under the civil law or criminal law right to assistance and social action, family law sanctions seek to punish sometimes, sometimes to repair, sometimes forcing and, increasingly, to support or dissuade. The thesis offers a reading of obligations and public family through the prism of sanctions and punishments. It aims at focusing on the relevance of specific sanctions, defined as the capability to achieve family policy and the feasibility of sanctions from the point of view of legal technique. Is it possible to develop a general theory of punishment in the field of family law? Can we identify guiding principles that inform recent developments of sanctions in Family Law? More specifically, in a context where individuals increasingly challenging the intrusion of the state in the private sphere, and where constant attention is required to guaranty legitimacy, is there still a place for punishment? Which particular duties are still consistent with the dominant individualism and which are obsolete? The thesis is based on an observation: a divide between two opposing tendencies. This divergence leads to understanding and ordering the current historical developments. The systematic exploration of sanctions family obligations makes it possible to discover an increasing gap in family laws between on the one side an horizontal body of laws relating to the couple, and a vertical body of laws relating to the parental relationships. These two bodies of laws that once had been mutually reinforcing because they were structural complements have gradually disjoint. They now appear as autonomous, if not contradictory: their philosophies differ, their goals diverge and law tends to treat them as dissociated. On the one hand, everyone is expecting today that the couple life will allow individual bloom and fulfillment, with the utmost possible liberalism. The law follows this social demand, as evidenced by the relaxation of sanctions in marriage obligations. The limits of such liberalization of horizontal relationships exist, but they camped at the border of what society deems tolerable, not between husband and wife, but in full generality relations between adults. Such laws and obligations have no longer much to do with family. These limits are of a generic nature. On the other hand, societal pressure rises on expectations in the vertical relationship. This is not only to prohibit unacceptable behaviors or deviant, but also to encourage parents to fulfill their missions. Society does not intend to substitute family to accomplish these missions. It keeps giving parental duties a considerable importance. Therefore, in this vertical domain, any efficient punishment is a priori legitimate. Horizontal liberalism, vertical demand: how to reconcile these two trends? Therein lies the difficulty that faces the law of sanctions in the field of family
Ratsimbaharison, Eric. "Le devoir de respect aux aînés ou étude comparative du rejet malgache." Electronic Thesis or Diss., La Réunion, 2024. http://www.theses.fr/2024LARE0007.
Full textOur study focuses on two traditional Malagasy institutions, the duty of respect to elders and the rejection of children, which seem to not experience the same fate. Indeed, if the rejection has been reformed and renewed by the legislator in positive law, the duty of respect for elders claims to be degenerated, disaggregated, losing its status as a legal or civil obligation, devoid of any legal sanction and finds itself at first glance as belonging to moral duty. We have opted for the historical and contemporary comparative method to study these two subjects of Malagasy law using the 3C rule: (Connaissance) knowledge, (Compréhension) understanding, (Comparaison) comparison by referring in particular to the French law and, where applicable, to the Roman law or other legal provisions such us the « tertium comparationis ». The place of respect in the law, is a subject discussed daily everywhere, in the highest authority of the State as well as in the family sphere, including the relationships between private people who come into contact with each other. In a traditional Malagasy society coinciding with the genesis of law, authors note in particular a strongly hierarchical society in order to organize the place of each person, the social order, with a single purpose: social peace. Given the magnitude of the question of respect, which does not seem trivial at all, and its place in public law as in private law, in national law as in international law; lawyers, after some upstream research that we have done, are not necessarily interested in this notion of respect unlike that of honor for example. However, positive law integrates respect into the obligations arising from marriage, it is also omnipresent in the principles of fundamental rights and freedoms, our research will address respect in intergenerational family relations: we exclude the protection of the interests of the minor child which has been treated by several authors, even specialists, we focus our attention on the respect for elders, parents and ascendants who have become vulnerable. And it is at this precise phase of protecting respect, honor and family obligations towards them that the Malagasy rejection intervenes in its new version to punish any desire to harm them from an adult child. The Malagasy rejection which has been considered by authors as atypical, and which has nothing comparable in all other legal systems, does not meet the requirements of "terms to be compared", and will be compared according to its legal qualification as a civil sanction for serious breaches of family obligations towards parents, elders, ascendants, and even social and legal institutions. Questions come out : What is its origin ? What is the true nature of Malagasy rejection? What is its purpose? What is its exact part? What are its effects, its limits? Therefore, it is necessary to undertake an in-depth study
Barbier, Sandrine. "La garantie en droit international public. Contribution à l’étude de la fonction exécutive en droit international." Thesis, Paris 10, 2010. http://www.theses.fr/2010PA100213.
Full textThis thesis deals with a specific aspect of the executive function in international law: guarantee as a particular legal technique. This technique, which appeared in the legal and political environment of the Balance of Powers in Europe, so as to maintain respect for independence and territorial integrity, for the neutrality of some States or for domestic political regimes, is often negatively understood: its use is indeed associated with resort to force or intervention of great Powers in weaker States’ affairs. An analytical approach of the notion, based on its substantial and formal criteria, however reveals that this classical element of interpersonal legal relationships also contains some usual features of the institutional legal framework: the guarantee may be defined as the entitlement of a third party to ensure, by means of enforcement, compliance with an international obligation in pursuance of a common interest. In this understanding, the guarantee may be considered outside of its classical operational field, i. e. the law of co-existence, and envisaged as an element of the law of international cooperation. Since the late 1980s’, institutional procedures combining assistance and sanction have actually developed in reaction to the breach of environmental (non-compliance procedures), disarmament, and human rights obligations. Consideration is usually given to these procedures in relation to a diluted approach of notions such as control or international responsibility. Using the notion of guarantee in that context makes it possible to develop a systematic understanding of notions associated with the executive function. It also conveys the permanence of the interpersonal model within the institutional order