Tesi sul tema "Droit – Angleterre (GB) – Histoire"
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Sence-Herlihy, Julie. "L'adoption en Angleterre : histoire, enjeux et acteurs d'un véritable moteur social". Rennes 2, 2007. http://www.bu.univ-rennes2.fr/system/files/theses/thesesence.pdf.
The history of adoption in England has been on many winding paths from its first official legislation in 1926 to the most recent acts passed in 2002 and 2006 (Adoption and Children Act 2002 and Adoption of Children Act 2006). Such a long and eventful chronology reflects the genuine social force that lies behind the world of adoption. It is leading society to question its traditional views of the family and the values beset onto parents, parenting, and children. The actors of adoption are many: professionals – mainly social workers - have to strike a fair balance between the human aspect of each file they work on and their role as a go-between. They are facing numerous challenges today, as debates have arisen on transracial adoption, gay parenting, the publication of children's profiles on the internet, and the negative media perception of adoption. The actors of the adoption triangle (adopters, birth parents, and adoptees) also experience challenges as they have to deal with their search for origins and their sometimes unanswered questions, while finding their place within the family. « What is the legislative history of adoption in England? How do adoption professionals organise their work around the new trials they are facing? What are the views and the stakes lying at the heart of the adoption triangle? » - such are the many questions addressed in this dissertation
Vacher, Aimeric. "Continuité et rupture dans la tradition du droit anglo-saxon après la conquête normande : 1066 - 1189". Phd thesis, Université Paris-Sorbonne - Paris IV, 2004. http://tel.archives-ouvertes.fr/tel-00088774.
Il est difficile de considérer qu'après l'invasion normande il fut fait table rase des pratiques judiciaires anglo-saxonnes tellement la tradition légale était forte. Il est tout aussi improbable que la nouvelle classe dirigeante ait préservé dans sa totalité l'usage des codes de lois établis avant leur arrivée. Par conséquent, d'un point de vue purement légal, le premier intérêt d'une telle recherche comparative, fondée sur la continuité et la rupture, permet d'appréhender l'évolution des lois à travers deux « civilisations » qui se succèdent sur un même territoire, ici l'Angleterre, et que tout semble séparer.
Le second intérêt est tout historique : ne peut-on lier les deux systèmes judiciaires concernés au succès de l'invasion de Guillaume le Conquérant et à l'instauration réussie d'un droit anglo-normand ? En d'autres termes, il convient de se demander si ce seigneur aurait réussi à envahir ce pays si les pratiques légales et administratives anglaises avaient été différentes. De plus, comme nous le montre le cas du Domesday Book, lui et ses successeurs auraient-ils pu créer un corpus de lois propre à leur société naissante sans utiliser comme base le système pré-existant ?
Vacher, Aimeric. "Continuité et rupture dans la tradition du droit anglo-saxon après la conquête normande : 1066-1189". Phd thesis, Paris 4, 2004. http://www.theses.fr/2004PA040169.
The study of Anglo-Saxon laws, enacted in England between the 6th century and 1066, and Anglo-Norman laws, enforced between 1066 and 1189, isn't new. In 1840, Benjamin Thorpe published a book titled Ancient Laws and Institutes of England concerning the pre-Norman laws and, between 1874 and 1878, William Stubbs wrote the three volumes of his book The Constitutional History of England in its Origin and Development, particularly important for the law of the sceond period. However, despite the numerous studies that follow these works, none has been based on a comparison of these two models of law. Yet, thanks to such a work, this could bring to our knowledge two new important thoughts. It is difficult to consider that after the Norman invasion the Anglo-Saxon judicial practices have been erased since the legal tradition was important in the native society. It is also improbable that the new ruling class could have kept all the laws established before its coming. Consequently, from a purely legal viewpoint, the first interest of such a comparative research, based on the themes of continuity and rupture, is to observe the evolution of laws through two totally diffferent "civilizations" that follow one another on the same territory, here, England. The second interest is mainly historical: can't we link both judicial systems to the success of the Invasion and to a successful implantation of an Anglo-Norman law ? Moreover, as the Domesday Book shows, could William and his successors have created their own corpus of law without using the pre-existent system ?
Balthasar, Stephan. "Wahrheit und Geheimnis im Zivilrecht : Der Schutz der Privatsphäre in Frankreich, Deutschland und England". Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30001.
This joint PhD thesis analyses the protection of privacy in England, France and Germany. Its first part focuses on the historical development, espacially on the continentalius commune where the actio iniuriarum offered a certain protection of secrecy and privacy. The second part describes the modern law of privacy, taking into account the recent development in England after the coming into force of Human rights act 1998 and considering recent decisions such as Campbell v. MGN ([2004] UKHL 22). Whereas the historical differences between the three countries seem rather substancial, nowadays, the three legal systems adopt very similar solutions to the problem of protecting privacy
Dorvillé, Raphaël. "Anglomanie juridique, des Lumières jusqu'à la première Entente cordiale". Electronic Thesis or Diss., Université de Lille (2022-....), 2023. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2023/2023ULILD007.pdf.
The English model appeared in the 18th century as the absolute reference, both in terms of law and political freedom, praised by French-speaking jurists and travelers as well as by English jurists themselves, which opened the way to a new world of legal comparison. The last decades of the 18th century thus saw a real legal enthusiasm for England and its liberal political model, while the libraries of leading jurists of the Ancien Régime, such as the members of the Parlements, had few books on foreign law. The first authors to write about the English legal system achieved great publishing success. Faced with the emergence of a new legal world in its spirit and method, what are the working methods of these authors? Can we trust them to understand and faithfully report a legal model which they often envy?
Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
Many are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
Gadbin-George, Géraldine. "L'accès à la justice des défavorisés en Angleterre et au Pays de Galles : le role joué par les Solicitors et les Citizens advice bureaux dans le marché du droit". Grenoble 3, 1997. http://www.theses.fr/1997GRE39030.
Access to law is a fundamental democratic principle. At the end of the 1970s, a legal market appeared in england and wales. Beside the private sector represented by solicitors who belong to the legal profession, the voluntary sector represented by the citizens advice bureaux, where volunteers work, also became a supplier of legal services. This generalist advice agency, created during the second world war, expanded to try and satisfy the needs of part of the population who, due to the cost of justice and the limits of the legal aid system, sometimes finds it difficult to seek that justice be rendered. The conservatives, who are liberals, hoped that a form of competition would arise between the two types of suppliers, with a view to obtaining better value for money. This is not the case. They share a task, the bureaux specialising in the area of welfare. The private and voluntary sector deal with a task of general interest, which could have been dealt with by the state. But they cannot cope with the whole demand. The opposition between the rich and the poor, which was brought to an end when the poor laws were abolished, has now reappeared, by way of an opposition between those who have access to justice and those who have not. The legal market is not a real market as some consumers cannot benefit from the services which are supplied in it
Thuegaz, Aurélie. "Le droit français à et sur l'image : comparaison au droit anglais". Paris 1, 2012. http://www.theses.fr/2012PA010323.
Fouassier, Frédérique. "Représentations de la transgression sexuelle féminine dans le théâtre anglais de la Renaissance". Tours, 2005. http://www.theses.fr/2005TOUR2005.
Uzer, Vincenette d'. "Politique et religion sous les Tudors à travers les "Homélies"". Paris 3, 1988. http://www.theses.fr/1988PA03A006.
The homilies are thirty-three sermons of homiletic type published in 1547 and 1563 to be read from the pulpit every sunday according to royal injunction. Their aim : establish the reformation under its particular type of anglicanism, put an end to roman domination and prevent religious strife. Children were required to repeat the homilies to their teachers; shakespeare learnt them as a child and there are many echoes in his work. Their main authors are : cranmer, latimer, jewel, parker, grindal. This thesis sets the homilies in their historical context and in the english homiletic tradition. The various editions are studied as well as the homilies themselves : liturgical, christian life and pastoral, and also the places of worship. They are then shown as describing a given social situation such as right of ownership, of fishing, idleness, almsdeeds. Then comes a study of the links between the homilies and the social and political order to be respected even in your apparel. Lastly the homelies reflect the anglican faith : knowledge of the bible, salvation through faith only without works. The two sacraments : baptism and eucharist and the five sacramentary rites are studied in the homilies and their link with the book of common prayer stressed. Scriptural references and short biographical notices of the authors end the work
Lagoutte, Christine. "L' intermédiation bancaire : le cas britannique". Paris 10, 2000. http://www.theses.fr/2000PA100006.
Roche, Thomas. "Conflits et conventions dans la société anglo-normande, 1066-1166". Paris, EPHE, 2006. http://www.theses.fr/2006EPHE4104.
Camus-Bader, Françoise. "De l'avortement clandestin à l'interruption légale de grossesse : réforme de la législation anglaise, 1927-1977". Paris 3, 1987. http://www.theses.fr/1987PA030133.
The main object of this study of abortion law reform in england is to assess the evolution of attitudes between 1927 and 1977. The thirties were a watershed in this evolution : the severe law of 1861 was still in force but it was being questioned in a context of low birth rate and maternal mortality and thanks to famous abortion trials. Moreover, the use of birth control was becoming widespread and the main pressure group fighting for the repeal of the law (alra) was founded. Reform remained pending, however, until the sixties, when the climate of opinion was favourable to change, due to rumours of overpopulation in england, the advent of the permissive society and the thalidomide tragedy. Pro-and anti-abortion lobbies were ready for the fight, but the reformers took precedence over roman catholics and supporters of strict morals whose action could not counter alra and its sympatizers. Various private members'bills were introduced between 1961 and 1966 but they were generally talked out. In 1967, david steel succeeded in pushing through a bill with the help of the labour government. Abortion became legal on medical, eugenic and social grounds, but the opponents of reform attempted to bring the commons to adopt restrictive amendments. Their failure showed, however, that the reversal of the climate of opinionwas more apparent than real. The views and feelings of english women, ten years after the adoption of the abortion act, were studied through depth interviews and two main themes emerged from the content analysis : the experience of abortion and the attitudes towards the question. Far from vindicating the abortion myths, the interviews highlighted the tolerence of the speakers and their deep concern for the quality of life. Two antagonistic notions appear repeatedly in this study - the notion of human pro- gress and that of social decline. The former seems to prevail, even if this statement must be qualified
Steiner, Eva. "Règles et méthodes du droit français prises comme modèles juridiques en Angleterre : analyse critique". Paris 10, 2006. http://www.theses.fr/2006PA100085.
The attention paid to foreign legal models and the use of comparative law as a tool for law reform have developed rapidly in the second half of twentieth century England having increased considerably since the nineteen sixties following Britain’s entry into the European Community. If, on the one hand, in the context of European integration, French law has been able to provide ‘a model amongst others’, working towards a genuine process of europeanization of English law, then, on the other hand, certain aspects of this model such as omissions or, more generally, codification, can also be considered to have been a favoured source of inspiration. Notwithstanding this twofold influence, the French legal model has not been the subject of a genuine reception in England, which goes to show that the classical distinction between the Roman-Germanic tradition and that of the common law, for which France and England are the principal exponents, is far from being outmoded
Carre, Christine. "La peste à Londres en 1665". Paris 6, 1989. http://www.theses.fr/1989PA060114.
Home, Peter. "L'Église d'All Saints' de Margaret street à Londres et sa partipation au mouvement tractarien entre 1833 et 1886 (contribution à l’étude du contexte politique et religieux des XVIIIe et XIXe siècles) [sic]". Paris 4, 2007. http://www.theses.fr/2007PA040255.
The "Oxford Methodists" who gathered around Charles and John Wesley towards 1730 foreshadowed the Oxford (or Tractarian) Movement of the 1830s, in their affirmation of the Catholic character of the Church of England. John Wesley (like the Tractarians), underlined the central rôle of the Apostolic Succession and categorically rejected Calvinism. In 1754, a chapel was opened in Margaret Street, London, by a Nonconformist preacher who vigorously opposed Wesley on these points. Subsequently many Dissenting groups worshipped there. At the instigation of Franklin, even a congregation of Deists under David Williams, later a collaborator of the Girondins in Paris, attended the chapel. Anglican from 1789, the chapel was an example of the simony then current, before becoming about 1830-35 an independent wellspring of Tractarian ideas. From January, 1836, it was recognised by Newman, Pusey, and Keble as the headquarters of the Movement in London, and they saw to it that subsequent clergy there should always be sound Tractarians. (Several curates, and one incumbent, did, however, go over to Rome. ) Margaret Street was among the very first Tractarian parishes to start adopting "ritualist" practices (1839), to found a Sisterhood of nuns (1851), to restore a daily Eucharist (1850). She had been the first to re-establish a weekly Eucharist (1831). Moreover she deliberately set an example in implementing choral services (1839), and above all, in constructing (1850-59) All Saints', the model church of the Ecclesiologists, and the inspiration of High Victorian architecture in general
Amédomé, Lydia. "Edition critique de la collection de sermons anglais, préservée dans "Oxford, Bodleian Library, Ms. Greaves 54"". Poitiers, 2010. http://www.theses.fr/2010POIT5012.
Oxford, bodleian Library, Ms. Greaves 54 is part of an extensive corpus of unpublished and unedited primary sources with a bearing on late medieval religious life. The content of this late fifteenth century anthology of religious pieces seems to be that of personnal anthology of preaching materials covering a number of occasions in the temporale, and providing tools for pastoral instruction. .
Réhault, Anne-Estelle. "Le naufrage : les conséquences juridiques de l'infortune de mer en France et en Angleterre du XVIe au XIXe siècle". Paris 12, 2002. http://www.theses.fr/2002PA122006.
Le, Monnier de Gouville Anne. "La responsabilité contractuelle : droit comparé français et anglais". Montpellier 1, 1997. http://www.theses.fr/1997MON10027.
Cavalié, Elsa. "Réécrire l’Angleterre (1900-1945) dans la littérature britannique contemporaine". Toulouse 2, 2009. http://www.theses.fr/2009TOU20113.
This dissertation deals with the rewritings of Edwardian & Georgian England in contemporary fiction, with a specific focus on J. L. Carr's A Month in the Country, Ian McEwan's Atonement, Julian Barnes's Arthur and George and Pat Barker's Regeneration Trilogy (Regeneration, The Eye in the Door and The Ghost Road). When choosing to go back to England's archetypal places, such as the English pastoral landscape and the “South Country”, “retro-Edwardian” novels question these territories' legitimacy and the ‘origin' of Englishness. Similarly, the English country houses are sometimes perceived as mazes in which their inhabitants get lost when trying to have one last look through their windows. Moreover, the concept of “community” is questioned, through its relationship to the Strange/Familiar dichotomy, in novels that are sometimes written “from the margins”. Gentlemanliness, its definition and ethos are then destabilized and the repression of feelings evoked. Still, regeneration is always deemed possible, whether it be thanks to the “talking cure” or artistic development. Furthermore, novels revisiting Georgian and Edwardian England are strongly metafictional, reflecting on the writing of History where fact and fiction are intermingled in order to create a dialogic relationship with the English literary tradition. Then “rewriting the past” is considered as an ethical enterprise where literature may reconcile such apparently contrasted concepts as postmodernism and humanism
Dahan, Ariane. "L'obligation de sécurité des produits en droit civil comparé : étude comparative du droit français et du droit anglais". Paris 2, 2006. http://www.theses.fr/2006PA020009.
Girod, Marion Catherine. "Les politiques d'éducation à la citoyenneté européenne : étude comparée France - Angleterre". Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30017.
This thesis explores the educational dimension of EU citizenship policies through a comparative study of the french and the english education policies. It seeks to evaluates the capacity of EU citizenship to constitute a new "policy paradigm" for the civic education policies of the two countries. In a first part, the study focuses on the developments of civic education agendas at the European level. In a second part, its accounts for the potential linkages between the construction of an educational dimension for EU citizenship policies and the elaboration of the two education policies ; to this end, the analysis uses the results of a discursive inquiry undertaken in France and in the United Kingdom among the governmental and societal actors’ networks that intervene - or that seek to intervene - in the elaboration of civic education policies
Reiplinger, Charles. "Naissance de la constitution écrite : la constitution des corps politiques en Angleterre et en Amérique du Nord aux seizième et dix-septième siècles". Paris 2, 2004. http://www.theses.fr/2004PA020074.
This study is dedicated to the birth of the idea of a written constitution, in England and North America, during the sixteenth and seventeenth centuries. Taking as starting point Reformation in England, it shows that congregationalist theology, a branch of english calvinism, by developping the idea that the church is a body politic created by a covenant and given a constitution, is a direct source of the idea of a written fundamental law. This idea is joined in New England by the english law, specificly corporate law, which makes the colonies bodies politic, based upon and ruled by a charter of incorporation. These influences lead to the Mayflower Compact, a social contract by which New Plymouth is founded in 1620. The Fundamental Orders of Connecticut in 1639 add to the social contract the idea of a written fundamental law, meant to establish and limit the powers of political authority. This idea is extended in 1643 by the adoption of the Articles of Confederation of the United Colonies of New England
Pasquiet-Briand, Tanguy. "La réception de la Constitution anglaise en France au XIXème siècle. Une étude du droit politique français". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020028.
The reformist model of the English Constitution was intellectually predominant in nineteenth century France. As a synthesis of French yearnings for political stability, this representation historicises the liberal achievement of representative government and endorses the legitimacy of innovation through custom. It results from contradictory visualisations of the English Constitution. On the one hand, romantic liberals identify in its institutions the necessary elements to protect individuals from abuses of power and to allow the development of democracy. On the other hand, traditionalists perceive in England’s historical continuity the structuring benefits of social hierarchy and aristocratic freedom. More particularly, French Doctrinaires see through the morphology of the English civilization a society that secures freedom within order. French thinkers recognise in parliamentarism, as a product of England’s institutional evolution, the political regime capable of putting an end to French revolutionary tensions. As a mould that both liberates the energies of individuals and protects the political and social order, it renders the Head of State irresponsible and thus strips him of personal powers. Furthermore, it establishes the reign of public opinion through the superiority of the elected chamber and the recognition of government responsibility. Finally, it disciplines political action through the historical practices inherited from representative monarchy. Based on a political project, parliamentary government in France gives substance to a prudential philosophy of constitutional law. This philosophy views the constitution as an institutional framework within which political action must be able to adapt society to its historical phase of development. The laconism of the constitutional laws of the Third Republic reflects this constitutional reformism. Rather than a circumstantial political compromise, it crystallizes a liberal and conservative constitutional policy. The present study aims to show that it is the result of how the English Constitution has been modeled in France during the nineteenth century
Sasso, Bernard. "Histoire du projet de tunnel sous la Manche (1870-1930) : aspects diplomatiques, politiques et militaires". Paris 1, 1989. http://www.theses.fr/1989PA010506.
This study attempts to demonstrate that the great diplomatic, political and military problems facing anglo-french relations during the period 1870-1930 can be perfectly studied through the controversies surrounding the construction of a sub-marine link between England and France
Molinari, Véronique. "Les conséquences du droit de vote des femmes dans l'entre-deux guerres en Angleterre". Grenoble 3, 1998. https://tel.archives-ouvertes.fr/tel-00912762.
In 1918, as the first world war was coming to an end and after half a century of struggle, 8. 5 million british women were granted the parliamentary franchise. The aim of the present study has been to examine the way in which this reform was perceived by suffragists, feminists, politicians and the press. In so-doing, we have attempted to correct the often negative judgement passed on its social, economic and political consequences in the ensuing 20 years. Indeed, it seems that in spite of the progress which even today still remains to be achieved, the impact of the women's vote during the inter-war period was in no way insignificant. Their adhesion en-mass to political parties, the concerted efforts made to win their votes, the improvement of their condition thanks to abundant legislation as well as an increased preoccupation with women's interests on the part of parliament and political parties. . . , these are some of the many changes which, although limited in their duration and scope (and hindered by an unfavourable social, economic and political context) brought real satisfaction to those who had been taking part in the fight for suffrage since the 19th century. This is not to say that women imposed themselves as voters or that politicians suddenly considered them as full citizens (their reluctance to accept egalitarian measures concerning equal pay, the bar on the employment of married women and birth control makes it impossible to believe in any profound changes in mentality) but that the ignorance of the way women were going to exercise their vote acted as a driving-force among politicians and enabled the achievement of measures that would never have been reached if women had continued to be excluded from the electorate
Fernandes, Isabelle. "Le sang et l'encre : le théâtre de la religion chez John Foxe : les martyrs protestants sous Marie Tudor". Versailles-St Quentin en Yvelines, 2004. http://www.theses.fr/2004VERS014S.
The catholic queen Mary Tudor ascended the English throne in 1553 after her half-brother Edward VI's endeavours to thorouthly reform the country. This key episode in English history was to have pride of place in John Foxe's martyrology which praised the constancy of the three hundred protestants or so who died on the stake for their faith between 1555 and 1558. As Foxe contributed much to the creation of the myth of "Bloody Mary", the present work intends first to purvey an approach to the Crown's policy during those years of fire and ashes to sort the truth out from the lies. Then the question of protestant martyrdom will be broached. How can we explain that though protestantism had definitively renounced the notion of sacrifice whereas the Concil of Trent clarified that mass was a sacrifice, a bloodless sacrifice, but a sacrifice anyhow, it insisted on the value of the demise of its victims with the use of martyrology ? We suggest that Foxe tried to substitute the body of the martyr for the catholic host, that thanks to iconography, the stake becomes an inverted mass, that the loathed transubstantiation has been displaced, but that it does extist, as the blood of the martyrs has become ink
Paparrigopoulou, Patrina. "Le contrôle du service public de santé en France et en Angleterre". Paris 1, 1990. http://www.theses.fr/1990PA010258.
The speciality of the sanitary sector of the public health services affects the administrative control in two ways, on the one hand by the imposition of a certain type of organisation and on the other hand by its influence on the extent of the control. That two public services being compared although phenomenally different, nevertheless present common rules of organisation and control
Guérin-Bargues, Cécile. "Immunités parlementaires et régime représentatif : L'apport du droit constitutionnel comparé (France, Angleterre, Etats-Unis)". Paris 2, 2007. http://www.theses.fr/2007PA020100.
Tisseyre, Sandrine. "Le rôle de la bonne foi en droit des contrats : essai d'analyse à la lumière du droit anglais et du droit européen". Paris 1, 2010. http://www.theses.fr/2010PA010264.
Sence-Herlihy, Julie Charlot Claire. "L'adoption en Angleterre histoire, enjeux et acteurs d'un véritable moteur social /". Rennes : Université Rennes 2, 2008. http://theses.scdbases.uhb.fr:8000/thesesence.pdf.
Mautalent, Reboul Isabelle. "Le Droit privé jersiais, transformation et adaptation de son contenu originel au monde contemporain". Caen, 1995. http://www.theses.fr/1995CAEN0036.
The modern civil law of jersey whose polymorphic character is a striking feature, consists in a 'common law', i. E a body of judicial rules founded on an old customary law besides which an important volume of legislated law has developed. This state of the law of jersey is the fruit of a long history, both singular and perfectly original and yet closely linked to that of normandy. In 1204 by making the choice remaining obedient to the king of england whom they beheld as their duke, the people of jersey did not intend to deny their already rich norman identity and part with their judicial and customary habits. They received the text of the 'grand coutumier de normandie' written c. 1240 as an ultimate heritage from the continent, an heritage out of wich not only did they lay the foundations of the judicial and administrative autonoly wich jersey still enjoys but also the origin of their customary civl law. The channel islands have always been considered the repository of the judicial heritage of normandy and the aim of this thesis is to see how it still materialises in jersey nowadays. It tries to establish how. Trough an important jurisprudencial tradition wich itself serves indisputable pragmatism, the common law of normandy has managed to durable influence the modern civl law of jersey though the latter has progressively been forced to abandon all that characterised a law whose unique object was to secure the conservation and transmission of real estates. Underlining the specificity of the civil law of jersey means qustioning the way of implementing a difference that memory only will be able to save
Le, Grand de Belleroche Diane. "La reconnaissance des trusts étrangers en droit français : étude comparative du concept anglais de trust et du contentiaux du droit des trusts en France". Paris 1, 2003. http://www.theses.fr/2003PA010297.
Tuttle, Elizabeth. "Discours puritains et processus révolutionnaire en Angleterre au XVIIe siècle : recherches sur les thèmes religieux dans l'idéologie et la politique pendant la crise révolutionnaire de 1647 à 1649". Paris 1, 1987. http://www.theses.fr/1987PA010674.
The documents of the Thomason collection published between 1647 and 1649 are the major source material used in this work. The study is about the relations between the levellers and the sects, and the part played by these groups in the revolutionary crises of the period. Various religious themes develop, and help create a unity of purpose and action ; these ideological factors finally divide the revolutionary movement. The first part of the study shows how the demand for religious toleration plays a major part in the ideology of the sectarian congregations which leads to their collaboration with the levellers and the soldiers at the time of the putney debates in october 1647. The second part outlines the difficulties of this alliance at the time of growing conservative action, and the renaissance of their action during the second civil war. The petitions of the fall of 1648 are analysed and show the growth of new ideological leitmotifs : providence, "the saints" and "the man of blood". The third part studies the revolutionary crisis of 1648-1649 : pride's purge, the whitehall debates, the army petitions and the king's trial, in the light of these new religious themes which mobilize soldiers and "sectaires" against a return of charles I. The last chapters examine the hold over the minds of these groups exercised by these old testament ideas and which explain in part the defeat of the levellers at burford. When the rump parliament accord liberty of conscience to the sects and the government is in the hands of the "saints", the levellers are isolated and their hopes of a republican constitution defeated. Taken as a whole, the thesis is a case study that shows the functions that religious ideas take on during a revolutionary process : first, the very substance of militant enthousiasm, and eventually the break that contributes to the halting of the process. One major concern is always clear behind the various puritan discourses : the state and its repressive role in modern society. The political discourse looses its religious language and images very slowly and haltingly
Moktefi, Amirouche. "Déduire et séduire : La logique symbolique de Lewis Carroll". Université Louis Pasteur (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR13112.
Leclerc, Marie-Hélène. "Les stratégies de gestion foncière des Paston, d'après leur correspondance (1425-1503)". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0011/MQ41942.pdf.
Callus, Thérèse. "Étude comparative de la construction d'un droit applicable à l'assistance médicale à la procréation (France - Grande-Bretagne)". Paris 10, 2001. http://www.theses.fr/2001PA100182.
It is indeed for the law to provide society with the mechanisms to curb the techno-scientific control of assisted reproduction. Through a comparative approach between the French civil law system and the English common law system, this study will examine the appropriateness of the present situation and the difficulties that the law must cope with. The first part of this study will examine the issues common to both countries which are raised by the adoption of a legal framework. As the vector of social organisation, the law needs to strike a balance between the different interests present in the today's societies. Furthermore, confronted by the controlling influence of scientific progress, civilised societies seek to protect fundamental values such as human dignity. However, reference to human dignity implies looking beyond national frontiers. .
Dolt, Jean-Philippe. "L'évolution de l'indice de la procédure criminelle en France, en Angleterre et en Allemagne, du monde romain à la fin du XVIIIe siècle". Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30002.
Circumstantial evidence is first mentioned in the treaties of rhetoric of the classic period and by the roman jurists. Rhetors consider that indicia belong to the class of argumenta used in justice to produce magistrates' convincement. Roman jurists give to the word indicium the sense of sign of another thing, but this vocable means also argumentum. After the Lower Empire collapsed, circumstantial evidence adapted to the Germanic procedure, in which the object of proof is the truth of each party's assertion. In this system, signs of credibility are : divinity's inaction when a party takes an oath, attendance of jurors, party's social rank and antecedent, and finally the sign produced by the ordeal concerning the accused's innocence or guilt. In the system of legal proof from the " jus commune ", indicia--circumstantial evidence and direct imperfect evidence - are excluded from the class of evidence sufficient to prove the crime and the accused's guilt. Indicia are only used in keeping with the recourse to torture. Judicial arbitrium concerning the appreciation of these indicia is limited by the medieval doctors. After the XVth century, continental and English criminalists admit the use of indicia when no better evidence is available. This evolution results from the influence, both of the classical treatises of rhetoric and the theory of probabilism which appeared during the XVIlth century. After 1800, the principle of judgement according to free conviction is admitted all over Europe. However, since the end of the XIXth century, the development of forensic sciences bas lead to the supremacy of circumstantial evidence, which some jurists consider as the new probatio probatissima
Georgieva, Margarita. "The gothic child : a study of the gothic novel in the British Isles (1764-1824)". Nice, 2011. http://www.theses.fr/2011NICE2013.
In 1908 H. James wondered about the absence of haunted children in literature. He believes that the idea is underdeveloped and decides to create a gothic amusette, the first of its kind in “a perfectly clear field”. Was he right? On a first glance, gothic is not concerned with the figure of the child. Children are sometimes taken as a residue from the sentimental novel, a residue of which the real gothic novel stands free, and whenever children are present, the genre is labelled “feminine” or “domestic” gothic. Thus, some prefer to write of education and ethics when dealing with children and childhood in such novels. However, some novels set in motion childhood journeys of self-discovery and identity quests. Like the adults, these children are confronted with suffering and death. The accumulation of terrors places them in contact with an omnipresent underworld. Beings crawl out of there to haunt them, writings appear, memories emerge. Gothic children are thus places in contact with the past, with the world of the dead, and stand as symbols of the future. They represent the link between past and present and their characters evolve into more than attributes of the adult persona. The aim of this thesis is to question the presence of children in the gothic novel, to describe and analyse the portraits of children and their representation on social, political and religious level and to, finally, define the typical gothic child. The research spans different aspects of the gothic novel in order to cover as large a period as possible, to demonstrate the evolution of the child character in gothic and to stress the importance of the child within the movement
Juillet, Garzón Sabrina. ""Unis par la couronne, indépendants par l'Eglise" : la confessionnalisation en Angleterre et en Ecosse, 1603-1707". Versailles-St Quentin en Yvelines, 2009. http://www.theses.fr/2009VERS013S.
The 17th century witnessed the confirmation of the confessional choices of the European Christians. This phenomenon occurred through the European, national and individual process of confessionalisation. England and Scotland experienced this process as much as the rest of Europe. It became there the consequence and the motivation of the affirmation of national identities which enabled the two nations to differentiate from each other within the union of the crowns, from 1603, and during the organisation of the Union of 1707. The aim of this thesis is to understand what motivated these identity and confessional affirmations and what it reflected of the English, Scottish and British identities. Within a century, the national Churches of the Isle became the representatives and the warrants of the cultural independence of their nations. The independence of the Churches of the united kingdoms was eventually recognised as a necessity in the shaping of Great Britain whereas during the first half of the 17th century, the English and Scottish Protestants believed in Church uniformity, if not in Church union. The national and European contexts, the crown's interests or those of its supporters and opponents, progressively shaped a new religious landscape on the Isle. It led to the birth of a new multi confessional Protestant unity which still reflects today what Great Britain is: a country made of nations all determined to keep their specificities
Spina, Olivier. "Glorieuses cérémonies et honnêtes divertissements. Les Londoniens et les spectacles à Londres sous les Tudor (1525-1603)". Electronic Thesis or Diss., Paris 4, 2011. http://www.theses.fr/2011PA040185.
Sixteenth-century London underwent three important transformations. First, a dramatic demographic expansion was due to the arrival of thousands of young migrants, often poor, who settled every year in the city. Second, under the Tudor dynasty, London became the economic center of England, and the number of prosperous Londoners soared. Finally, Henry VIII initiated a process of religious reformation.From 1533, a growing number of expensive ceremonies (royal entries and civic spectacles) were organized by London authorities. In the same way, public representations of drama, bear baiting or fencers prizes are more and more numerous. This thesis would like to investigate the link between the economic, political and religious transformations and the development of a market-economy of spectacles in London.The study of the people involved in the organization of the ceremonies reveals that they are the same than those that give public representations in London and private spectacles at the royal court.Comparing ceremonies and public recreations demonstrates that, from Henri VIII to Elizabeth I, spectacles played a major role in the social integration of migrants in the urban society. On one hand, ceremonies were the occasion for London magistrates to elaborate new civic rhetoric and ideology in which the common wealth was the core value. For civic magistrates and corporations officers, the common wealth was not simply a set of discourses, it had to be achieved through the organization and the funding of the ceremonies. On the other hand, public spectacles which were constrained by economic, religious and political imperatives, contributed to the same civic integration. The Privy Council and the London institutions considered public spectacles as a form of “honest recreation” that should be encouraged. The existence of such cheap spectacles was thought to be useful to maintain the public order in an ever growing metropolis. In the 1580-1590’s, the modus vivendi surrounding spectacles was broken. The dire economic and financial situation of the city created some tensions regarding funding of ceremonies in the London institutions among the members, and between the monarchy and the City. The public spectacles became also a problem, because livery companies and parish vestries refused to collaborate with the civic magistrates. For the City fathers, the public spectacles were becoming a menace more a menace that an asset in the effort to enforce social order
Millat, Gilbert. "Double regard sur la Grande-Bretagne de l'entre-deux-guerres : étude comparative des manuels d'histoire de l'enseignement secondaire britannique et français publiés de 1946 à 1988". Lille 3, 1997. http://www.theses.fr/1997LIL30028.
Text, illustrations and design dealing with aspects of political, social, economic and imperial history and some foreign policy developments have been considered in a comparative study of 85 British and 56 French history textbooks used in secondary schools. The reliability of the books turns out to vary considerably from one country to the other. Besides, the hierarchy of events frequently differs both from a quantitative and qualitative point of view. Only limited influence of the evolution of the historiography of the period can be traced in the texts. The contents of the books is also discussed in relation to anti-French and anti-British bias as well as ethnocentric remarks. This research tends to show that French and British pupils are presented with two relatively distinct visions of Britain in the 1920s and 1930s. Moreover almost all authors express a great variety of partial views and debatable opinions in the texts as well as through the iconography
Frenkiel-Pelletier, Eliane. "Histoire de la probation durant la deuxième guerre mondiale, période d’exception, et sa refondation jusqu’aux années soixante-dix.France, Angleterre, Pays de Galles, Israël". Thesis, Reims, 2021. http://www.theses.fr/2021REIMD001.
Anglophone probation has strongly influenced probation agencies in France and Israel, in spite of their different legal frameworks. During the Second World War, Human Rights were overall maintained in both England and Wales and in Palestine under British Mandate. This enabled probation services to continue their activities. At the same period, the projects for the establishment and development of probation services were halted in occupied France during the Vichy regime. In the three jurisdictions, juvenile supervision played a key role in the development of adult probation. The period following WWII – essentially the Welfare State –, is characterised, on the one hand, by the influence of the medical model on probation and, on the other hand, by the belief that the support and assistance given to probationers was sufficient to prevent reoffending. At the end of the Welfare State, Martinson’s resounding report, marked the end of the rehabilitation ideal in anglophone jurisdictions and caused wide-spread scepticism regarding the efficiency of probation, leading to a punitive policy era. Consequently, research and practice sought new answers in order to limit this punitive turn. At the time, French probation was not involved in this debate. With regard to Israel, its strong roots in social work as well as general support for probation kept it away from a rethinking of probation. At the end of the 1970s, changes emerged in probation methods and in public services, which were similarly contrasted in the study countries
Junqua, Amélie. "Joseph Addison et le langage". Paris 7, 2007. http://www.theses.fr/2007PA070049.
Our analysis focuses on Joseph Addison's conception and practice of language, as exposed in his periodical essays and more generally his prose. If Addisonian periodicals have been variously interpreted, it has seldom been considered how they could be also read as a possible popularization of Locke's theories on words, or more generally as a transmission of linguistic theories and cultural attitudes towards language to a vast readership (both in Europe and in America, and well until the XIXth century). We therefore endeavour in a first part to recreate Addison's social and cultural 'milieu,' to consider thé various conceptions of language it exposed him to, and to appreciate the respective influences of Thomas Hobbes and John Locke. Our second part deals with the peculiar status Addison bestows upon John Locke, the latter becoming a philosophical landmark as well as an intellectual façade or mask for Joseph Addison; and questions the assumption that Addison wrote primarily as a popularizer. Our third part is devoted to Addison's practice and observation of language - his obsessive concern for signs, his amateur attempt at establishing a semiotics of urban space and sartorial codes - which yet rarely complies with Lockean theories. Addison's paradoxical interpretation and practice of linguistic theories lead him to the unsolved - and unsolvable - dead-end of ambiguity. This position however provides him with unbounded powers of literary creation, endlessly dividing yet enriching his periodical essays
Haguenau-Moizard, Catherine. "L'application effective du droit communautaire en droit interne : analyse comparative des problèmes rencontrés en droit français, anglais et allemand". Paris 2, 1994. http://www.theses.fr/1994PA020005.
The effective application of community law in the internal laws of the member states is determined mostly by the conditions of its reception and its sanction by the national laws. The community judges, followed by the french, english and german judges have set out and applied the principles of supremacy and direct effect, which are necessary to the reception of community law in the internal legal orders. Now that the french conseil d'etat and the highest german financial court are no longer reluctant to the introduction of community law into the legal systems, community law is, on the whole, received in the member states studied. On the other hand, the community rules about the national power of sanction are constantly changing. Minimal rules have been set out by the european court of justice, which used to rely only on the general principles of law. These rules are being reinforced by the court and by the council as well. All these decisions are meant to ensure that the violations of community law are santionned in a uniform way throughout the community. They also help to strenghen the protection of individual rights
Spina, Olivier. "Glorieuses cérémonies et honnêtes divertissements. Les Londoniens et les spectacles à Londres sous les Tudor (1525-1603)". Thesis, Paris 4, 2011. http://www.theses.fr/2011PA040185.
Sixteenth-century London underwent three important transformations. First, a dramatic demographic expansion was due to the arrival of thousands of young migrants, often poor, who settled every year in the city. Second, under the Tudor dynasty, London became the economic center of England, and the number of prosperous Londoners soared. Finally, Henry VIII initiated a process of religious reformation.From 1533, a growing number of expensive ceremonies (royal entries and civic spectacles) were organized by London authorities. In the same way, public representations of drama, bear baiting or fencers prizes are more and more numerous. This thesis would like to investigate the link between the economic, political and religious transformations and the development of a market-economy of spectacles in London.The study of the people involved in the organization of the ceremonies reveals that they are the same than those that give public representations in London and private spectacles at the royal court.Comparing ceremonies and public recreations demonstrates that, from Henri VIII to Elizabeth I, spectacles played a major role in the social integration of migrants in the urban society. On one hand, ceremonies were the occasion for London magistrates to elaborate new civic rhetoric and ideology in which the common wealth was the core value. For civic magistrates and corporations officers, the common wealth was not simply a set of discourses, it had to be achieved through the organization and the funding of the ceremonies. On the other hand, public spectacles which were constrained by economic, religious and political imperatives, contributed to the same civic integration. The Privy Council and the London institutions considered public spectacles as a form of “honest recreation” that should be encouraged. The existence of such cheap spectacles was thought to be useful to maintain the public order in an ever growing metropolis. In the 1580-1590’s, the modus vivendi surrounding spectacles was broken. The dire economic and financial situation of the city created some tensions regarding funding of ceremonies in the London institutions among the members, and between the monarchy and the City. The public spectacles became also a problem, because livery companies and parish vestries refused to collaborate with the civic magistrates. For the City fathers, the public spectacles were becoming a menace more a menace that an asset in the effort to enforce social order
Bouby, Sylvia. "Société et roman policier dans l’Angleterre victorienne et édouardienne". Paris 4, 1989. http://www.theses.fr/1989PA040151.
A cultural phenomenon from the beginning, the English detective novel describes English society's mental representations and main ideals at the end of the nineteenth century. This new literary form was defined by Wilkie Collins' "The moonstone" written in 1868 and definitively settled by Arthur Conan Doyle’s character, Sherlock Holmes. In the English detective novels published from 1868 to 1914, crimes are not committed by the underworld but by upper-classes members, especially upper and middle-middle classes Londoners. In fact these specific groups embody the unsettled feelings toward a very quickly changing world and the answers which they were able to bring. The industrial revolution destroyed old-established references and overthrew many aspects of social and private life. Crime in fiction indicates a general but indefinite fear in front of progress and evolution and is featured in new terms. Modern times evil threatens everybody and is overcome by a lone middle-class man, the private detective, the new hero of late-Victorian and Edwardian literature. English detective novels, in spite of their deadly stories, give a rather optimistic view of the English principles, aims and way of life at the beginning of the twentieth century
Berget, Claire. "Les représentations et l'imaginaire de la viole de gambe en Angleterre aux dix-septième et dix-huitième siècles". Thesis, Tours, 2013. http://www.theses.fr/2013TOUR2031.
In England, the viola da gamba has a singular destiny, from an incontestable popularity with the aristocracy in the seventeenth century to a rejection of increasing intensity over the eighteenth century. The representations of the instrument in documents peripheral to the musical sphere, such as letters, poems or paintings, reveal the complexity of the imaginaire surrounding the instrument. Although, in prosperous times, the viol conjures up lewd images of a sensual body, it is simultaneously associated with ideals of nobility through the supposed melancholy of its tone. At that period, it is also felt to be closely connected to the English national identity, whose specificity it appears to crystallise. However, its dwindling popularity with the elite leads to the proliferation of negative images. Senescence and sterility are increasingly associated with the viol, while ideologically, the instrument is spurned as non- English. The brief resurgence of the viol in the second half of the eighteenth century is brought on by the development of the cult of sensibility. Individual emotions are voiced through its perceived archaism and unique tone. The viola da gamba, both in the circular paradigm of the Renaissance, and in the linear and discursive paradigm of the Enlightenment, successfully embodies contrasting aesthetic and ideological imaginaires
Dieng, Françoise. "La direction des sociétés anonymes en droit sénégalais comparé aux droits français, anglais et américain". Paris 1, 1995. http://www.theses.fr/1995PA010269.
The law nr-85-40 of july 29, 1985, has introduced in Senegal the first corporate law since the independance of this country. This law was inspired by french, english and north-americain laws. Our aim was to compare the senegalese corporate governance with the laws from which it is drawn,in its various aspects: powers,nomination,removal,remuneration,duties, responsibilities of the directors
Grosclaude, Jérôme. "La question des ministères dans les relations entre l'église d'Angleterre et les méthodistes [1791-1979]". Thesis, Paris 3, 2011. http://www.theses.fr/2011PA030049.
If we cast a global look on the practices through which, from the beginning of the movement in 1738, the Methodists deviated from Church of England’s (their « mother-Church »’s) orthodoxy, we can identify a common factor: a different conception of the ministries. It is on this single question that John Wesley and his disciples fundamentally diverged from the Church of England’s principles, since the father of Methodism considered that priests and bishops formed essentially a single “presbyter” order and consequentially had the same powers, including that of ordination. The Methodists also had a different conception of the Ministry of the Word, since they considered that God could call lay people to preach the Gospel. All the differences that arose between Methodism and the Church of England can then be traced to the question of the ministries. These differences continued after the death of John Wesley in 1791. Throughout the XIXt! h century, the two denominations grew further apart because of their disagreement concerning apostolic succession. In the 1950s and 1960s, however, the reunion of British Methodism and the Church of England in a single Episcopalian confession was contemplated but finally abandoned in 1972 because of the refusal of the Church of England’s Church Assembly and then of its General Synod to approve this union