Dissertations / Theses on the topic 'Sens de la peine'
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Pariguet, Marie. "Sens de la peine et procédure pénale." Nantes, 2010. http://www.theses.fr/2010NANT4006.
Despite stemming from different stories and rationalities, retribution, neutralization, elimination, reinsertion, consideration of victims'interests, society protection are all considered by the lawmaker as the basic foundations to perpetuate as well as goals to achieve through the sentence. Yet, wanting to fulfill heterogeneous and sometimes contradictory ideas, the penalty's meaning can sometimes fall apart when it should be consistent. Nevertheless, far from being a non-entity, its consistency becomes obvious as soon as we make a systemic analysis of the penalty itself. This logical analysis method consists in analyzing a structure no longer considering it isolated from the others around it but thinking it within a permanent interaction with them. By adopting this approach, the sentence appears as one of the components of the judiciary process. The latter is also seen as a subsystem (including trial, sentence, its execution, which are interactive with one another) within the society system (made of the actor of the offence, the victim and third party which are also interactive with each other). This systemic model as regards to the penalty as well as the penal procedure thus enables to understand them as the result of interactions between the judiciary process, society and its members. Yet, alter studying these interrelations within the legislative clauses as a whole as regards to the sentence and the penal procedure, it appears that whether penalty aims at restoring a stability in the spontaneous relationship within the society members (a stability qualified as homeostasis and compromised by the infringement commission) it creates a stationary state synonymous of a takeover of the relations between the individuals
Carpentier, Yan. "Essai d'une théorie générale des aménagements de peine." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0125/document.
Sentence adjustment spearheads a new criminal policy of fight against recidivism based on integration orrehabilitation of convicted people. The number of measures qualified as sentence adjustment increased throughoutthe XXe century. However, as scattered reforms kept accumulating, no overall study regarding sentence adjustmenthas taken place. As a result, even though France is surely the European country that uses them the most, the conceptof sentence adjustment has never been constructed. France indeed seems to be the most fertile country regardingsentence adjustment, creating many different mechanisms. Since the technical sense of the notion of sentenceadjustment remains blurry, a general theory of sentence adjustment is necessary.A general theory seems to be the surest way to try to find a coherence among those various measures. Butthere cannot be a general theory if it is not possible to identify abstractly what is a sentence adjustment. Nowadaysthe normative disorder blurred the lines between enforcement of a sentence, sentence adjustment and preventivedetention. Therefore, a general theory would help build the concept of sentence adjustment itself. Besides, theconstruction of a concept would make it easier to assess the one technique behind all those mechanisms. By doingso, the general theory of sentence adjustment would restore some clarity to the law and give all of its consistencyto a system tending to give a sense of responsibility to the convicted
Carpentier, Yan. "Essai d'une théorie générale des aménagements de peine." Electronic Thesis or Diss., Bordeaux, 2016. http://www.theses.fr/2016BORD0125.
Sentence adjustment spearheads a new criminal policy of fight against recidivism based on integration orrehabilitation of convicted people. The number of measures qualified as sentence adjustment increased throughoutthe XXe century. However, as scattered reforms kept accumulating, no overall study regarding sentence adjustmenthas taken place. As a result, even though France is surely the European country that uses them the most, the conceptof sentence adjustment has never been constructed. France indeed seems to be the most fertile country regardingsentence adjustment, creating many different mechanisms. Since the technical sense of the notion of sentenceadjustment remains blurry, a general theory of sentence adjustment is necessary.A general theory seems to be the surest way to try to find a coherence among those various measures. Butthere cannot be a general theory if it is not possible to identify abstractly what is a sentence adjustment. Nowadaysthe normative disorder blurred the lines between enforcement of a sentence, sentence adjustment and preventivedetention. Therefore, a general theory would help build the concept of sentence adjustment itself. Besides, theconstruction of a concept would make it easier to assess the one technique behind all those mechanisms. By doingso, the general theory of sentence adjustment would restore some clarity to the law and give all of its consistencyto a system tending to give a sense of responsibility to the convicted
Bechlivanou, Moreau Georgia. "Le sens juridique de la peine privative de liberté au regard de l'application des droits de l'homme dans la prison : étude comparative de la jurisprudence de la Cour européenne des droits de l'homme, du droit français et du droit grec." Paris 1, 2008. http://www.theses.fr/2008PA010284.
Garcia, Mathieu. "Les traits psychopathiques de l’enfance à l’âge adulte : regards psychométriques, psychopathologiques et philosophiques." Electronic Thesis or Diss., Bordeaux, 2023. http://www.theses.fr/2023BORD0434.
It is an understatement to say that the notion of psychopathy generates difficulties that seem destined to keep us perplexed. The aim of this thesis is to untangle some of the main complications at the crossroads of psychopathology, philosophy, and criminal law. We address several interrelated issues in turn. First, that of the dimensionally indexed measurement of psychopathic traits as expressed in children and young adults in non-clinical populations. The metrological properties of two rating scales specially translated into French are examined (latent factorial structure, internal consistency, criterion validity, convergent correlations, metric, scalar and configural invariance, etc.). A developmental and comparative logic is adopted, with particular attention paid to the problem of multi-age and cross-cultural applicability of the formalized psychopathy construct. Secondly, we demonstrate, conceptually and then empirically, the fruitfulness of the relationalist (and processualist) approach to pragmatically delimited nosological entities. The topology and causal structure of the psychopathic interactome will be drawn, on the one hand via the construction of regularized partial correlation networks (using the LASSO algorithm), and on the other via the modeling of bayesian directed acyclic graphs. The third part of our work is devoted to the moral agency of psychopaths. Firstly, it will examine the experiential sap, depth, and most probable underpinnings of the "emotional deficit" attributed to these subjects (a brief detour to sentimentalist theories will have highlighted the area[s] and extent to which our moral life depends on our emotional life). In the last twenty years or so, studies exploring the links between psychopathic traits and moral judgments have been dissected. Several critical remarks are made about this literature, which we are attempting to enrich through research dedicated to identifying the parameters primarily involved in the (im)moral decision-making of individuals with a frankly or tendentially psychopathic profile. This is followed by a discussion aimed at clarifying what this "weaker sensitivity to moral norms", which emerges from our participants' iterative confrontation with ethical dilemmas, is likely to reflect. The issue at stake is clearly stated: it is a question of considering under what condition(s), in what sense(s) and to what extent it seems permissible to believe that the psychopath is not capable of being moral. Our final section turns to more practical, preventive considerations, reporting the results of an evaluation of the effectiveness of a psychoeducational intervention for school-age children. The randomized controlled trial carried out established that the program tested can have a beneficial effect on certain (pre-)psychopathic dispositions. We conclude by questioning the basis and function of sentences handed down to offenders showing various psychopathic characteristics. The problem of attributability, answerability and accountability of the persons concerned is thus expressly raised
Foroughi, Nik Rahim. "Contribution à la conception utilitariste de la peine : de la peine efficace à la peine efficiente." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3008.
Traditionally, punishment has been justified by consequentialist and deontological theories. The place of utilitarianism as the bestknown consequentialist doctrine in the field of punishment has been the subject of several studies. However, utilitarianization of punishment has never been questioned. Utilitarianization of punishment refers to the process of adapting punishment to the principles of utilitarianism. This study proposes a contribution to the examination of this process by analyzing its theoretical fundamentals. It aims to reveal a crucial paradox in the field of punishment: utilitarian approach to punishment, repeatedly criticized, constantly adopted. . Utilitarianization of punishment was systematized with Bentham's Classical Utilitarianism, before arriving at its most scientific form with the Law and Economics Movement. This process is marked by a transition from effectiveness of punishment to efficiency of punishment. Therefore, this study aims to propose a new direction in criminal justice, one which does not instrumentalize human beings for economic prosperity, but at the same time takes into account efficiency, without replacing justice with efficiency, i.e., "Efficient Criminal Justice"
Terrier, Jean-Yves. "Les sens de "sens" et le sens." Lyon 3, 2001. http://www.theses.fr/2001LYO31017.
Jault, Alexis Chabas François. "La notion de peine privée /." Paris : L.G.D.J, 2005. http://www.gbv.de/dms/sbb-berlin/502359595.pdf.
Fragassi, Didier. "La Peine et sa logique." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37597844k.
Michaud, Cécile. "La peine et l'intérêt général." Poitiers, 2011. http://www.theses.fr/2011POIT3013.
Punishment of a violation against society is a repression in the name, and for the sake of public interest. Consequently, the two notions keep close and clear relationship : punishment shall reflect the public interest. In that sense, public interest, as a functional and a legitimizing notion of a variable content, finds on of its identifications in the analysis of punishment. The latter by its content and regime can reflect the former. In accordance with public interest, punishment shall strike a balance among interests of the delinquent, the victim and the society. Furthermore, punishment has to be in conformity with certain principles and fundamental rights stemming from public interest, such as ; the principle of legality, non retroactivity, necessity and proportionality of punishments, in addition to the conformity with human rights. Realising these objectives is theoretically possible by the summoning power of the public prosecutor and by the power of the judge to pronounce the sentence and to adapt its enforcement. Yet on that level, one may be sceptical of the presumption that punishment reflects public interest. Moreover, doubts are even more present when punishment betrays the public interest. In fact, the points of strengths that the notion of public interest presents in its relation with that of punishment turn to be points of weakness. While new actors are involved in the formulation of public interest, traditional actors witness their roles being modified or reduced, at least in certain aspects. This contributes to the false image of pubic interest that it is usually biased. Contemporary trends of criminal law and punishment contribute to the manipulation of the latter in a way that impedes it from reflecting correctly public interest. At the same time, concrete enforcement of sentences leads to grave deviations of the notion of pubic interest. These phenomena could lead the punishment to betray the public interest
Bard, Vincent. "L'ajournement et la dispense de peine." Grenoble 2, 1998. http://www.theses.fr/1998GRE21021.
Deferment of sentence, under various forms, and absolute discharge are two criminal institutions which lead to the delinquent's absolute impunity, it's temporary for the first and definitive for the second. They are in contradiction with criminal law's principle which is that all offences must be punished. Thus, the objective of this study is to determine the reasoning behind deferment of sentence, then absolute discharge. This study underlines that they are criminal techniques, not much used these days ; however, they do show a theoretical interest because they emphasize on the individual movement of punishment, they question penalty's principles and aim as well as, the trial's end ; finally, they reinforce the magistrate's powers. These two laws should not be considered as a judicial pardon, moreover as a recognized effort on behalf of the delinquent's efforts to re-integrate into society. Furthermore, if they are to effectively work, there must be complete understanding between both parties, being the delinquent and the magistrate. Lastly, if deferment of sentence and absolute discharge are close, they are quite different, the link which binds them is very interesting. According to the law, deferment is only a prelude to absolute discharge. Nevertheless, an evolution to more autonomy could be possible and desirable. It will surely be a new progress in the individual movement of punishment
Peine, Matthias [Verfasser]. "Die Zusatzverantwortlichkeit im Gefahrenabwehrrecht. / Matthias Peine." Berlin : Duncker & Humblot, 2012. http://d-nb.info/1238426425/34.
THEODOROPOULOU, HELENA. "Sens et formation de sens chez eschyle." Poitiers, 1996. http://www.theses.fr/1996POIT5015.
Gouret, Stéphane. "Peine morale et droit pénal spécial : de la publicité des peines à la peine d'affichage ou de diffusion." Nice, 2005. http://www.theses.fr/2005NICE0042.
Bureau, Mathieu. "L'abolition de la peine de mort au Canada: Le discours politique et l'opinion publique lors des débats de 1966--1967, 1973 et 1976." Sherbrooke : Université de Sherbrooke, 2000.
Garcia, Vasquez Diego Fernando. "L'officialisation de la peine privée en Colombie." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D006/document.
The deterrent function of tort law has been called into question. The causes are the increase of strict liability systems and the development of liability insurance. However, the private law has another institution, the private punishment, a civil remedy that has been established for deterring illicit behaviours. This institution has been ignored in Colombian private law, because of a mistaken idea regarding the nature of the remedy. This essay searches for clarify the issue, in order to make the remedy legally recognized
Schmandt, Claire-Annie Brouillaud Jean-Pierre. "La suspension de peine pour raisons médicales." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/penal/schmandtca06.pdf.
Chang, Kuo-Hsien. "Sens et altérité : élaboration d'une théorie pratique du sens." Paris 10, 2005. http://www.theses.fr/2005PA100115.
We elaborate a practical theory of the sense against the authority of the philosophy actualized in the “ Pre-dicat”. This neologism is intended for describe the invariable structure of the philosophical sense in which the contrary terms arrive at a conclusion. Nevertheless, we have no intention to destroy the Pre-dicat. Because the Pre-dicat, considered as our object, has a triple status: as occasional cause, as material, and as symbolic support. Without this status, our theory can't be a practical theory. On the contrary, it is a question of transform the Pre-dicat, of make it work otherwise. In the first chapters, we proceed with studies, which are still philosophical, devoted to Edmund Husserl (German philosopher, 1859-1938), Martin Heidegger (German philosopher, 1889-1976), Emmanuel Lévinas (French philosopher, 1906-1995), à Jacques Derrida (French philosopher, 1930-2004) et à Gilles Deleuze (French philosophe, 1925-1995). But we strive for bring out the fundamental act, which work the Pre-dicat: the philosophical Dire whose character is to resonate between two sides, between the contrary terms. And this character allows us to bring out the different syntaxes of the philosophical Dire. However, we could not transform the Pre-dicat, make it work otherwise, but for the help of a dire whose resonance is no more bilateral. The non- philosophy inaugurated by François Laruelle (French philosopher, 1937- ) propounds a uni-lateral syntax of dire. We restart the Pre-dicat and make it work otherwise by way of this new manner of dire
Abdalrahman, Al Hasan Mohammed. "Peine et structure sociale dans le monde arabe." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0565/document.
The Comparative study of the development of incarceration rates in the 20th and the 21st Centuries is a conventional field in the current criminal science, a field that have witnessed a significant revival in line with David Garlands research especially « The culture of control » in 2001, about the diversion to a more purnitive system in the late 90s. The research mainly focused on Europe and North-America, the data about the rest of the world being often static and/or based on very recent reports which could cause a Euro-centricity of the remarks linked to the evolution of these rates. The objective of this research is to complete the current research by taking into account the cases in arab speaking nations. Egypt, Libya, Morocco, Algeria, Lebanon, Saudi Arabia and Jordan. Firstly, it consists of the review of existing historical datas on the evolution of incarceration in Arabic countries and on the obstacles of acquisition of such datas. Secondly, this research will attempt to articulate the current theories on the reasons of variations on incarceration, theories which were developped for Europe and North-America with the new data. The aim being to test three hypotheses: functional hypothesis, the hypothesis of Rusch and Kirchheimer and the authoritarian hypothesis
Bernaz, Nadia. "Le droit international et la peine de mort." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32060.
Although it is mentioned in most international human rights treaties, these texts do not forbid the death penalty. At best, they frame its use, as international case law shows it. The recent developments of criminal international law permitted to let capital punishment out of the international jurisdictions' statutes. However, because of the fundamental principle of complementarity, States remain free to apply the death penalty for international crimes. International law concerning the death penalty then stagnates, since this penalty is not forbidden. At the same time, one can note significant changes in international law, that tend to outlaw the death penalty. If soft law texts, which are not binding, are the main illustration of these changes, they cannot be ignored. In addition, some States adopt abolition-oriented jurisdictional decisions, which constitute an international abolitionist practice. Yet, for the moment, there is no opinio juris that could prove the crystallization of a customary abolitionist rule. Only abolitionist protocols represent a step toward a general international rule of abolition, but they were not ratified by many States
Geninet, Béatrice. "Etude critique de la personnalisation de la peine." Paris 1, 2000. http://www.theses.fr/2000PA010327.
Basse, Benoît. "La question philosophique de la peine de mort." Paris 10, 2013. http://www.theses.fr/2013PA100007.
This thesis is a study about the most significant philosophical writings on death penalty under the Enlightment period. Our main purpose is not to present the pros and cons on such a matter but to examine the possibility to give a rational foundation to a categorical condemnation of death penalty. Our aim is to determine wether one should understand the distance between opponents and supporters of such a punishment as a gap between rationality and passion or sensitivity. It is striking to notice that both sides tend to qualify their opponent's position as irrational. On one hand, those in favour of capital punishment are usually considered as blinded by a strong desire of revenge; on the other hand, abolitionists are accused of betraying justice because of their compassion toward criminals. But is the answer to the question of death penalty a matter of pure rationality? By studying the writings of those who opposed it (Beccaria, Bentham, Fichte) and those who supported it (Kant and John Stuart Mill), we came to the conclusion that it is totally hopeless to expect our reason alone to put an end to this debate. In reality, human reason is able to produce different conclusions depending on the premises we choose to consider as right. Our second conclusion is that it is even impossible to say that retributivism and utilitarianism in themselves support or oppose death penalty. Different versions and interpretations of these two theories lead their defenders to different positions. Finally we found in Jean-Jacques Rousseau's works some decisive elements in order to argue against death penalty without ending into dogmatic rationalism nor pure emotivism
Boudreault, Lolita. "Sens et non-sens dans le théâtre de Réjean Ducharme." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22566.
The first chapter examines the textual forces that allow one to trace the narrative structure in Ducharme's dramatic writing. It also describes the different actantial models as well as the mechanisms that regulate their function.
In the second chapter, an analysis of the characters adds a layer of significance to the analysis of the actants and reveals to us the "small world" of Ducharme's plays. The actants take shape, becoming characters who establish ties among themselves.
The third chapter describes the universe in which these "unusual" characters evolve. Space and time throw referential precariousness into relief which in turn, gives a sense of meaning and non-meaning to different objects as well as to the logic of events.
Finally, the fourth chapter deals with the discursive process and, more particularly, with the initiations that stem from the dialogues. With the advent of theatrical communication, the spectator or the narratee is also initiated into Ducharme's theatre where he or she re-assumes his or her place. (Abstract shortened by UMI.)
Fréchin, Véronique. "Teo Hernandez : l'éveil des sens et la quête du sens." Paris 3, 2003. http://www.theses.fr/2003PA030144.
Lussac, Olivier. "Land art. Sens et non-sens de la sculpture contemporaine." Paris 3, 1995. http://www.theses.fr/1996PA030036.
Land art is an artistic movement, concerning different forms of sculpture in nature and landscape, during the 60s and 70s. This study propose historical and aesthetical analysis. Particularly we should try to understand what are the dialectic of sight and nonsight, the sublime and the picturesque in the gardens and land art, the photographic and cinematographic dimensions of sculpture. Having pionnered of earth art and land proving themselves in the pratice of both art and theory, r. Smithson, r. Morris, m. Heizer, w. De maria (and r. Long in england) developped a multiofaceded oeuvre that has nourished and challenged artistic traditions fixed in the field of the sculpture. The investigations of these artists took on a wide of range of forms from the very beginnings: object, photography, text, performance, installation, map. . . Land art attempts to go beyond the narrow sphere of sculpture, philosophical and historical questions of the day
NGUYEN, THANH BINH. "Sens, situation, intentionalite." Paris 4, 1988. http://www.theses.fr/1988PA040049.
'how can meaning be the source of contextual constraints', and 'how does the speaker purport to get the hearer to fulfill the conditions of satisfaction of his speech act'are the two questions 1 address myself to. The first question is susceptible of two types of answer: in intentional terms, when construed as a question about the logical structure of meaning; in terms of the double notion of endorsement commitment, when taken to bear on the relation between s and h. Chapter one, which deals with this question, also takes up such related issues as'background and representation', communicative intention' and' semantic versus intentional consistency'. The second question 1 answer in chapter two in terms of contextual transformations: in the absence of guaranteed means s could avail herself of to get h to do what is expected from him, all s can do is provide h with the means to understand and evaluate the content of her intention; or rather, to construct the relevant contexts of comprehsion and evaluation. Accordingly, s's utterance will trigger a series of transformations of h's mental context, which transformationsform the necessary prerequisite for those further contextual transformations. Chapter three is concerned with the extent to which those various modifications of the context are anchored in meaning. Its main focus is on those expressions which can be said to carry the relevant instructions intended for the comprehension process
Carval, Suzanne. "La responsabilité civile dans sa fonction de peine privée /." Paris : Libr. Générale de Droit et de Jurisprudence, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/272109452.pdf.
Maurin, Laurent. "Le choix de la peine par le juge correctionnel." Montpellier 1, 2009. http://www.theses.fr/2009MON10011.
Mazabraud, Bertrand. "La peine privée : Aspects de droit interne et international." Paris 2, 2006. http://www.theses.fr/2006PA020031.
Kane, Baydallaye. "La Peine de mort dans le théâtre de Shakespeare." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37598630k.
Ferri, Tony. "Le système de la peine : du châtiment à l'hypersurveillance." Paris 8, 2012. http://www.theses.fr/2012PA083530.
The electronic surveillance tends to become today the new “queen of the punishments”, at least, in the history of the penalties, this control device of the delinquent populations which can compete with the prison for punishment. If the electronic surveillance mainly appears as a modality of execution of a prison sentence and under the shape of sentencing reductions or an alternative at the confinement, it does not stop evolving, being subjected to adjustments, being the object of specialists appreciation concerning its efficiency at the same time in terms of control of the public spending further to the treatment of the penalty and in terms of prevention of the second offense required by a society which tries to protect itself always more against the plague of the crime, increasing its technology to punish by the equipment of bodies and the increase of its “influence on the spirits”. In spite of this notable craze today around the penal bracelet, it is a question here of discussing the presuppositions and the implications of the electronic surveillance; and, instead of having to give in to the craze, and although the electronic surveillance obeys rules of structure and modalities of execution opposite to those of the prison, although the model on which it bases appears as paradoxical at that of the prison world, it is also a question of showing it nervertheless renews the old forms of the confinement, increases its power of subjection by its invasive power, and produces the dangerous effects of the panoptic
Liégeois, Patrick. "Heidegger et le sens du sens : acheminement vers la pensée tautologique." Paris 4, 1988. http://www.theses.fr/1987PA040062.
In metaphysics, one always deals with being; but, according to Heidegger, the sense of being is hardly ever actually dealt with. That gap seems to hold an aporia: that of the "sense of sense". In my opinion, the incompleteness of the inaugural phenomenology (1927) could lie in the impossibility of reaching the sense of sense as the centre of the hermeneutic circle. After the "kehre", in the thought of the "truth of being", the sense can be understood as an eschatological progress (weg), set free from the method and the metaphor. Within a third period, that of the "locality of being" sense can be understood, from the ereignis, as the centre of the quadriparty (geviert) : only then would the sense of sense as centre of the hermeneutic circularity be reached. Such a circularity belongs to a last phase in Heidegger’s thinking : the phenomenology of the inapparent as a tautological thought (1973). One would deal with a thought of the ereignis as tautological or sigillary significance
Vignemont, Frédérique de. "Who's who ? : soi, sens de l'agentivité et sens de la propriété." Paris, EHESS, 2002. http://www.theses.fr/2002EHES0064.
Using empirical results from neuroscience, neuropsychology and psychopathology, I test the philosophical theory about self-knowledge sustained by Shoemaker that assert that self-attribution of mental and bodily states can never be false. Suppose that I'm an amnesiac. I could mistakenly assert that I am Plato. But when I say that I am thinking, even if I have no information about myself, it seems that it makes no sense to ask whether I am the person who is thinking (Wittgenstein, 1958; Shoemaker, 1996). As I alone have an introspective access to my mental states, we can wonder why I should need to make explicit the fact that they are my own states outside a communicative context. However, this privileged access does not guarantee that I recognize these states as mine. Indeed, xenopathic experiences in schizophrenia and the alien hand syndrome show that whether one is the owner of one's own mental and bodily states is not always obvious. This is not so surprising given the proximity between oneself and the others. The phenomena of empathy and imitation show that we use representations that are partly neutral as to who the subject is. Consequently, I suggest that far from being superfluous, the first-person concept is the product of an underlying cognitive process of self-attribution that needs to be investigated. I start from the sense of agency and I point out the importance of the control of one's own actions for determining whether I am the agent. Then, I show that this notion of control also plays a role in recognizing one's own body. Finally, I ask myself whether we should understand self-attribution of thoughts on the model of agency
O'Brien, Marc-Étienne, and Marc-Étienne O'Brien. "L'adéquation des discours relatifs à la négociation de plaidoyer avec leur mise en œuvre : une analyse comparée, historique et sociologique." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28339.
Constatant l’actuelle internationalisation enthousiaste de la négociation de plaidoyer et craignant ses conséquences possibles sur les impératifs de justice qualitative, l’auteur propose de remettre en question l’opportunité du recours à cette pratique en étudiant l’adéquation des discours relatifs à la négociation de plaidoyer avec leur mise en oeuvre, c’est-à-dire la mesure dans laquelle les espoirs et appréhensions attachés au recours à la négociation de plaidoyer s’avèrent fondés. L’auteur adopte d’abord une approche historique dans le cadre de laquelle il étudie l’évolution des discours qui encadrent l’introduction de la négociation de plaidoyer par la pratique aux États-Unis et au Canada et par initiative législative en France. L’étude de l’opposition initiale des acteurs anglo-saxons à la négociation de plaidoyer, de leur acceptation progressive de cette pratique et de l’introduction des formes françaises de négociation de plaidoyer que sont la composition pénale et la comparution sur reconnaissance préalable de culpabilité révèlent les principaux espoirs et appréhensions attachés au recours à la négociation de plaidoyer. D’aucuns vantent ses avantages en matière d’efficience et de répression, alors que d’autres craignent qu’elle contrevienne aux principes fondamentaux de justice pénale, induise des plaidoyers de culpabilité non volontaires et produise une justice aléatoire. Empruntant une approche sociologique, l’auteur entreprend ensuite d’étudier la littérature disponible afin d’évaluer la mesure dans laquelle les modèles américain, canadien et français de négociation de plaidoyer réalisent une mise en balance équilibrée des impératifs d’efficience et de justice qualitative. Les données disponibles permettent de constater l’existence d’un grave déséquilibre aux États-Unis et d’un fragile équilibre en France, bien qu’elles s’avèrent insuffisantes pour dresser un portrait de la situation canadienne. L’auteur en conclut que l’ampleur des enjeux et la faiblesse de l’adéquation entre les discours relatifs à la négociation de plaidoyer et leur mise en oeuvre commandent non pas enthousiasme mais prudence dans le recours à cette dangereuse pratique.
Noticing the current enthusiastic internationalization of plea bargaining and fearing its possible consequences on the imperatives of qualitative justice, the author proposes to question the appropriateness of the use of this practice by examining the extent to which the discourses related to plea bargaining match with the implementation of this practice, that is, the extent to which the hopes and apprehensions attached to the use of plea bargaining are founded. The author first adopts a historical approach when studying the discourses surrounding the de facto emergence of plea bargaining in the United States and in Canada and the legislative introduction of plea bargaining in France. The study of the initial opposition of Anglo-Saxon actors to the use of plea bargaining, of their gradual acceptance of this practice and of the introduction of French forms of plea bargaining known as composition pénale and comparution sur reconnaissance préalable de culpabilité reveal the main hopes and apprehensions attached to the use of plea bargaining. Some commend its greater efficiency and repression, while others fear that it contravenes the basic principles of criminal justice, that it induces unwilling guilty pleas and that it introduces greater randomness in case disposal and punishment. Using a sociological approach, the author then proceeds to study the available literature in order to assess the extent to which the American, Canadian and French models of plea bargaining balance the imperatives of efficiency and qualitative justice. The available data show that there is a serious imbalance in the United States and a fragile balance in France, although the data is insufficient to paint a picture of the Canadian situation. The author concludes that the magnitude of the stakes and of the distance between the discourses related to plea bargaining and the implementation of the different models do not command enthusiasm but caution in the use of this dangerous practice.
Noticing the current enthusiastic internationalization of plea bargaining and fearing its possible consequences on the imperatives of qualitative justice, the author proposes to question the appropriateness of the use of this practice by examining the extent to which the discourses related to plea bargaining match with the implementation of this practice, that is, the extent to which the hopes and apprehensions attached to the use of plea bargaining are founded. The author first adopts a historical approach when studying the discourses surrounding the de facto emergence of plea bargaining in the United States and in Canada and the legislative introduction of plea bargaining in France. The study of the initial opposition of Anglo-Saxon actors to the use of plea bargaining, of their gradual acceptance of this practice and of the introduction of French forms of plea bargaining known as composition pénale and comparution sur reconnaissance préalable de culpabilité reveal the main hopes and apprehensions attached to the use of plea bargaining. Some commend its greater efficiency and repression, while others fear that it contravenes the basic principles of criminal justice, that it induces unwilling guilty pleas and that it introduces greater randomness in case disposal and punishment. Using a sociological approach, the author then proceeds to study the available literature in order to assess the extent to which the American, Canadian and French models of plea bargaining balance the imperatives of efficiency and qualitative justice. The available data show that there is a serious imbalance in the United States and a fragile balance in France, although the data is insufficient to paint a picture of the Canadian situation. The author concludes that the magnitude of the stakes and of the distance between the discourses related to plea bargaining and the implementation of the different models do not command enthusiasm but caution in the use of this dangerous practice.
Grezka, Aude. "Les prédicats de perception : Traitement de la polysémie : les sens des sens." Paris 13, 2006. http://www.theses.fr/2006PA131015.
The framework of this research is lexicalist theory, i. E. The model of object classes, in line with Z. S. Harris'transformational grammar and work on lexicon-grammar. Predicates relating to perception are described and classified, starting from the treatment of verbal polysemy. The analysis is founded on a fine-grained description of the behaviour of the verbs and relating to perception, thereby explaining semantic intuitions relating to these verbs and predicting the relations between their semantics and their syntax. The methodological tools worked out to describe the verbs of perception justify the thesis according to which the semantic characteristics of the verbs explain their syntactic behaviour. The correlations between both distributional, combinatory and syntactic properties of verbs and their semantic characteristics are brought out by using semantics based on the observation of language facts. In this way, the behaviour of a verb can be predicted from its semantic properties
Thamalet, Alain. "L'ecole du sens. Emergence et evolution du sens de l'ecole chez l'enfant." Toulouse 2, 1989. http://www.theses.fr/1989TOU20001.
The research is concerning the processes of semiotisation by which rises and evolves the meaning attached by a child to school, to school persons, goals and activities. From a review of the studies about the causes of school achievement and from an examination of the psychoanalytic theory of sublimation and symptom, a model of the semiotisations is drawn up, referring to lacan conception of the significans. It shows the structuration in series and systems of the school significans integrated by the child through his history. That system of significans is crossed by drive in a way which is neither plain nor regular but selective and changing because of new integrations of significans. These new integrations imply an identification with other individuals and are founded on the necessity to build his identity. Three cases studies show the importance of parents and brothers speeches, ideas and expectations in the starting of the semiotisations. Then, other persons will play a big role : the teachers and the school friends especially. The behavior of the child at school has always a meaning, but a proper meaning for every child. That meaning is complex and gives evidence about the history of the child and the history of his family. School achievement has to be studied according to its position in the whole system of the semiotisations
Casciano, Béatrice. "Sens et analogie : l'analogie comme principe d'accès critique aux modalités du sens." Nice, 1998. http://www.theses.fr/1998NICE2003.
Our project is based on the reflexion onto the conclusions coming from the relations between the questions of sense and analogy, considered from the critical perspectives placed at the heart of the kantian systematization. The purpose of our work is the development of what we consider as simple early stages of thesis that can be fixed in the works of Francois Marty, the Kant's birth of metaphysics, a study of the notion of analogy, Paris 1980, this publication was based on the concepts of Éric Weil that are essentially exposed in kantian problems, Paris 1982. In a larger view we understand that the analogy is revealing itself as the mode of being, in analysing, from this notion, the link between the virtual aspect and the evenemential one. We study more precisely how this transition is moving in an analogical way in three concrete domains : temporality, action and community, aesthetically and politically. Finding the principle of sedimentation of the sense from these three concrete soils refers to the permanent confrontation between the critical vocabulary and the phenomenological one (Husserl, Heidegger and Merleau-Ponty), that drives us to the viewpoints of hermeneutics, particularly analysed in the present works of Paul Ricœur
Saas, Claire. "L'ajournement du prononcé de la peine : césure et recomposition du procès pénal /." Paris : Dalloz, 2004. http://www.gbv.de/dms/sbb-berlin/501996303.pdf.
Lovisi, Claire. "Contribution à l'étude de la peine de mort sous la République romaine, 509-149 av. J.-C. /." Paris : De Boccard, 1999. http://catalogue.bnf.fr/ark:/12148/cb37090269q.
Le, Moine Cathy. "Le pouvoir du juge de détermination et de gestion de la peine en droit pénal français : étude de la peine dans sa dimension juridictionnelle." Rennes 1, 2012. http://www.theses.fr/2012REN1G031.
Richet, Bertrand. "Les fractales du sens." Habilitation à diriger des recherches, Université de Nanterre - Paris X, 2011. http://tel.archives-ouvertes.fr/tel-00661997.
Charron, Marc. "Le sens des institutions." Institut franco-ontarien Université Laurentienne, 1997. https://zone.biblio.laurentian.ca/dspace/handle/10219/216.
Schlenker, Philippe. "La symétrie du sens." Paris, EHESS, 2002. http://www.theses.fr/2002EHES0017.
Popoff, Elisabeth. "Filiations freudiennes du sens." Paris 7, 1999. http://www.theses.fr/1999PA070031.
AThis thesis sets out to research into the freudian development of meaning in psychoanalysis. This twofold study is centred around exploring both jewish and christian developments of meaning by comparing opposing cultures and henneneutics, based on two primary sources. The first, the Philippson bible, brings out the presence of a specific hermeneutics turning its attention towards a new "cultural function". The relentless search for meaning in Freud originates in jewish tradition, though he eventually breaks with this tradition as far as meaning is concerned. The second avenue of research focuses on the relationship between christianity and psychoanalysis, taking as its starting point a text by 0. Pfister. The specific characteristics of meaning enable psychoanalysis to escape from the bonds of hermeneutics. From this angle, the debates in France involving psychoanalysis, structuralism and the hermeneutics of Paul Ricœur can be reconsidered. Lacan's theory of the primacy of the signifier over the signified, within the context of a new theory of the symbolic, moves towards rehabilitating a christian configuration of meaning, even reinstating hermeneutics to a certain extent. This hermeneutics forms part of a theory of culture which falls outside the freudian perspective. The two theories freudian and lacanian-come into confrontation at the centre of the violent conflicts between the two movements. This discord echoes the dispute on universals between the realists and the nominalists in the middle ages, which resurfaces in Freud and Lacan. Everything is happening as though the christian origins of meaning in Freud had originated in the realism which was demolished by nominalism. The conflict between Freud and Lacan thus arose from the application of two opposing epistemological fields. Examining the question of meaning in psychoanalysis thus makes it possible to eliminate, at least partially, hindrance to freudian interpretative development
Laffitte, Pierre Johan. "Le sens du précaire." Paris 4, 2003. http://www.theses.fr/2003PA040219.
As an introduction to a praxical analysis of discourse, this thesis focuses on the praxis of primary school classes referring to the "Pédagogie institutionnelle", as well as on the speeches related to this praxis (children's sayings and writings, group discourse, theoretical corpus). The first aim is to establish an epistemology able to conceptualise faithfully the complexity of both an anthroposocial situation, and the relation that is being established within this situation between practices, anthropological dimensions (the symbolic, singularity, culture) and its institutionalised organisation. A situation, the structure of which respects such points, will be called praxis. Its complexity has an influence on the discourse that is being made about it by its own practitioners. Thus, the second goal is to establish the specificity of such discourses stemmed from the praxis and aimed at going back into it. A praxical circuit is being established between practice and theory. Split those two moments means to have vanished three things: sense, which the subject considers into attending that praxis, ethics, which impose respect and autonomy for this subject (both in his action and thought), and relevance, which only a discourse stemming from one situation can show. Sense, ethics and relevance are thus the nucleus of a macro-concept which represents the basic level for any study of the complex relations between praxis and its discourse. What makes the singularity of a praxical machine, its autonomy and its capacity to both taking care of what alienates the subject and helping what defines he or she the most to express itself? In which way discourse is of any useful help for such a project of getting the subject less alienated ?
Aliquot-Suengas, Sophie. "Référence collective/sens collectif." Lille 3, 1996. http://www.theses.fr/1996LIL30017.
Llinares, Roland. "Le sens de l'histoire." Toulouse 2, 1999. http://www.theses.fr/1999TOU20023.
Concerning the question whether history makes sense and if so what "is" the (or what "are" the) sense (signification and direction) of history, this thesis has something new to contribute. First it suggests a phenomenological way of setting up the sense of history, and then a transcendantal ideal which we will compare with contemporaneous history trends. Theses contemporaneous history trends are the subject of a hermeneutical study in a third part that takes into account a contemporary forewarning modernity, and fice signs representing our time chosen in the fields of science, politics, art, religion and edication. Then the original question turns into whether history goes to the "right" way or not. Once more some answers are suggested, even some solutions when our history proves to move towards the wrong way
Auxéméry, Yann. "Les sens du trauma." Paris 7, 2013. http://www.theses.fr/2013PA070105.
The question of significant meaning is fundamental in psychotraumatology with respect to both the carer and the patient. The sensory perceptions initially felt during the trauma, which resurface at the heart of the revivifications, seem to temporarily shield another meaning, that of significant meaning. At the moment of fear (peritraumatic dissociation), the absence of meaning felt by the subject is both the cause and the consequence of the trauma. Initially, the psychotraumatised subject, is monopolized, by sensory meanings which he can no longer break away from: this fixity attempts to avoid the intimate question of significant meaning possibly given to the event. Too often the therapist moves away from the question of a singular meaning as well to settle for a conventional meaning which characterises a theoretical traumatic mechanism. It is not because there is no meaning et a moment of fear that it cannot be given meaning later, during the psychotherapy. The patient and the psychotherapist will be confronted with the question of instinctual meaning of a significant weak point - or a significant instinctual strong point - which leads from the fantasy to the trauma. A signifier of fate can actively lead to a bad encounter: the trauma in itself may lack meaning, but its circumstances and conditions of possibility as well as the symptoms are responsible. Furthermore, if the trauma is structured through the collapse of structuring human values which ensure the security of the individual in society, the definition itself of the psychological trauma is also integrated at the heart of a social context providing possibilities of singular expression. The social meaning of the trauma and its symptoms has changed over the years and will continue to do so: this evolution must be introjected in our clinical and even anticipated to attempt to prevent suffering which will escape from conventional compartmental guidelines, sometimes unreal. Far from being remote, reality belongs to the subject in the sense that it is an integral part of the being, of his psychological and biochemical structure. Nothingness, loss of meaning, it is then a return to the basis of the material, the atom. The structure of the molecules in thought would enable them to be redeemed. The psychotherapy increases awareness of the possibility of some reality to escape its hold: the traumatic symptom does not have the same meaning as the traumatic mechanism. If the trauma is senseless, the psychotraumatic symptoms will on the other hand be full of meaning. Like the verb, the meaning is typically human: an occasional traumatic emptiness will require a reconstruction by a singular search which will distance the traumatic revivifications in favour of social reinsertion. Discover, think, and even invent a meaning will appease the fears and repetitions: the subject's creation is fundamental here as it distances the revivifications and the return to real death. At the heart of this discussion, science remains descriptive: by attempting to answer the question of how, it focuses on how nature works without looking at the question of why, which constitutes a metaphysical meaning. Yet the results of scientific studies are consistent with the epistemological question of the trauma in psychopathology: the atom, genes or proteins have no meaning in themselves but are elements of biological reality which structure the individual. Interestingly enough, the psychotherapy of the psychotraumatised subject enables the question of human nature as a cultural construction which emancipates from a myriad of organised atoms to be examined. If death blends and merges with reality, biological life does not know this death and tends towards a destiny of self-preservation which nevertheless confers meaning. In parallel, everyone lives their lives in the present, assuming immortality: the absence of the possibility of their own death reigns in the subconscious. If the genetic subconscious is net transferable to the psychoanalytical subconscious, both have real and biological bases in common. The traumatic event enables the subject to look back and feel the origin of its structure. The traumatic theme concerns the bases of human issues which are directly rooted in their animal origins: death, bereavement, parenthood, sexuality. The fundamentals of culture in their emancipation from nature are questioned: is the traumatic moment an ontogenetic reversal of individual evolution which will replay the evolution of species? By observing the possibility that everyone can be psychotraumatised one day, the psychological trauma also turns out to be a return to humanity: traumatic determinants are present in each human being
Ledezma, Jonathan E. "Les jeunes coupables d'homicide et la sévérité de la peine." Thesis, University of Ottawa (Canada), 2001. http://hdl.handle.net/10393/9098.
Poama, Andrei. "La justice corrective : éléments pour une théorie de la peine." Thesis, Paris, Institut d'études politiques, 2015. http://www.theses.fr/2015IEPP0023.
This dissertation provides a theory of punishment that is formulated by means of a conception of corrective justice. The concept of corrective justice and its corresponding conception draw on the ethical and moral theory of Aristotle. The corrective conception is meant to apply to the contemporary legal systems of France and the United States. As interpreted here, the principle of corrective justice argues that punishment is justified when and insofar as it tends to rectify a specific, inter-personal inequality resulting from a violation of the basic rights of the victim by the offender. Corrective justice thus pertains to the domain of interpersonal injustices. Aristotle was the first one to formulate the concept of corrective justice in Book V of the Nicomachean Ethics. It was also Aristotle who, for the first time, made a connection between the norms of corrective justice and the practice of punishment. The corrective conception takes its distance from the two main alternative conceptions of punishment, which are based on the idea of distributive and retributive justice. Neither of these two latter conceptions views the relationship between the individual victim and the individual offender as normatively prior; nor do they see basic rights as necessary and sufficient grounds for punishing. Seen from a corrective standpoint, penal justice is strictly located at the level of the relationship that connects the offender to his or her victim. Unlike its main contenders, corrective justice is deeply anchored in a bilateral justificatory structure. The suffering of the offender advocated by retributive conceptions or the existence of socially beneficial effects defended by distributive theories can arguably be interpreted or explained as side-effects of legal punishment, but they cannot offer a normative basis for punishing