Дисертації з теми "Sciences et droit – 18e siècle"
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Richard, Elodie Géraldine Pascale. "L'esprit des lois : droit et sciences sociales à l'Académie Royale des sciences morales et politiques d'Espagne (1857-1923)." Paris 1, 2008. http://www.theses.fr/2008PA010660.
Marchi, Lara. "La Reggenza et les autorisations : l'application des lois sur les fidéicommis et sur la mainmorte dans la Toscane des Lorraines (1737-1765)." Paris, EHESS, 2009. http://www.theses.fr/2009EHES0039.
This study places itself in the political and institutional context of Tuscany's Grand Duchy, governed by Lorrrain's sovereigns, after the extinction of Medici's dynasty in 1737. It is mostly focalized on the application of two laws issued by the new government at the half of eighteenth century, the first about fideicommissum (I747) and the other regarding the ecclesiastical mortmain (1751). The research work begins with the realisation of two databases; taking advantage of the informations contained in hundreds of appeals to the Consigho dl Reggenza after the publication of the laws. Their application was indeed founded upon a system of control exercited through the sovereign authorisation. Aim of this study is to understand what we can define a new -in comparison with Medici’s age -form of political control over the society, the one of a police State. At the end of the research, we have noticed that the new government was more inclined to gather information than to realize reforms. This was however an important passage and the starting point for Peter Leopold's age
Wagner, Jacques. "Lecture et société dans le journal encyclopédique de Pierre Rousseau (1756-1785)." Clermont-Ferrand 2, 1987. http://www.theses.fr/1987CLF20005.
Reputed to be indifferent to the literary demands of truth, good, and the beautiful, and doomed to a short-lived existence, the periodicals of the ancien regime served as passive mediums for documentary researches or statistical inquests until the "rhetorics of reading" unveiled various forms of enunciation and active cultural functions. Influenced by such trends this study aims mainly at throwing light on the working modes of a "reading machine". As a means of diffusion the periodical was also an instrument of conscious selection of catalogued books. The statistical inventory of its "library" reveals that the universe of extracts fashioned a picture of a culture including both current and traditional ideas as if the writers sought to placate the intellectual spheres by allying the search for novelty and the assertion of established truth. This hypothesis is examined in the course of an exhaustive analysis of the religious library of the j. E. The extracts gave the readers a picture of books which evolved between 1756 and 1785 from tormented insolence to the ease of conciliation. Such distorting work is quite noticeable in the three modes of reading that I have distinghished, namely, attenuation, deviation, and censorship, all three intended to facilitate the integration of contemporary works into an enlightened culture. The work of adjustment achieved by the j. E. Writers implied a model, that of a welcoming and pacified society in which the religious question would be settled, and learnt on a juridico-political discourse tinged with "richerism", humanitarianism, and tolerance. The standard extracts stands half way between the alienated word and pure thought. As a strategic mode of writing bearing the hallmark of the ethics of the lightened "honnête homme", and troubled by the rifts affecting the French nation, the j. E. Endeavoured to tighten the social web by promoting the communication between the opposite poles of the individual and the community, those of subjectivity and the norm, those of history and memory
Vielfaure, Pascal. "L'évolution du droit pénal sous la Monarchie de Juillet entre exigences politiques et interrogations de société." Montpellier 1, 1998. http://www.theses.fr/1998MON10052.
The revolution of july had immediate repercussions on criminal law. Based on the constitutional text, the law of 8 oct. 1830 extended the jury system to trial involving political offences. Globally, legislation concerning the press was liberalised, giving real substance to the freedom guaranteed in the constitution. The pressure of its political opponents (especially through the press), the persistence of dots and assassination attempts on the person of louis philippe, however, obliged the government to take a firmer attitude. The number of political trials grew, yet did not result in effective repression. The july monarchy consequently resorted to more repressive legislation, such as the law of 9 sept. 1835, voted after the fieschi attempt, including the prohibition of the republican, legitimist and bonapartist press. To avoid the jury trial, the government assigned political trials to a political body, the + cour des pairs ;. This body, whose judiciary competence, in the absence of specific text, could be questioned, could only hear the most serious cases. So globally, the liberal principles consecrated at the beginning of the reign, were not compromised. Criminal legislation, moreover, was thoroughly reformed. Over hundred articles of the criminal code were modified by the law of 28 april 1832. As doctrine demanded, this reform consecrated the distinction between political and ordinary punishments. In addition, it lessened the rigors of the criminal code of 1810 by abolishing corporal punishment and capital punishment in 9 cases. Above all, it attributed to jury the right to pronounce extenuating circumstances, thus favouring the individuahsation of the sanction. It is indeniable that conservative reflexes continued. Jurors maintained their attachment to property, and magistrate as well as statesman careful to keep intact the efficacity of criminal law approached reform of criminal procedure with great circumspection. Nonetheless, the balance was resolutely in favour of the reform ; the monarchy of july constituted an essential moment in the long process of liberalisation and humanisation of criminal law
Laraby, Alain. "Le constitutionnalisme des Lumières : de l'objet des lois au sujet de droit ou de l'objet géométrique à la liberté politique." Electronic Thesis or Diss., Paris 10, 2024. http://www.theses.fr/2024PA100022.
1/ The title of the thesis, The Enlightenment constitutionalism, is underlined by two subtitles : From the purpose of law to the subject of law, and From the geometric object to political liberty.The thesis actually covers a longer period than the title would suggest, since the Enlightenment constitutionalism is a movement, not a stasis. The Constitutions of this study are primarily the English, the American and the French ones. The constitutionalism under discussion bears on the structure and evolution of these Constitutions.The first subtitle points out how the Enlightenment constitutional law is based on the idea that the positive law of the State guarantees modern natural law and its metamorphoses. This is the purpose of law – mainly political liberty – that make subjected people free under law.The second subtitle indicates that the research study is carried out through multiple diagrams. Their successive display highlight diverse on-going modes of reasoning in modern science.2/ Every concept of constitutional law (separation of powers, separation of church and state, federalism, parliamentary procedures, interpretation of law by competing institutional powers, general will, regulation of various and interfering interests, whether private or public, decision-making strategies, human rights, direct and indirect democratic procedures, and so on). Each of those comes under scrutiny in the light of modern scientific concepts (barycentre, multiple variable function, laplacian, topological manifold, modular arithmetic, group theory, Fourier series, knot theory, phase space, …).The goal of the exercise is neither to boil down constitutional law (and underlying political philosophy) to mathematics or physics, nor to apply them straightforwardly to law. The ambition is more modest : it is to show a certain relationship between modes of reasoning in science and law and its limits. The parallelism is at most a pseudo-isomorphism. Such a pseudo- prefix should not be understood as being false or misleading. It only depicts, like in science, approaching logical problems with some variations. The analysis is generic or qualitative. It does not intend to enter into excessive details or definite measures. Its concern is rather to better single out the characteristic feature, the hallmark of law governing State.3/ This assimilation openly reveals how modern scientific modes of reasoning have been incorporated into constitutional law. What seems rather well internalized are the contraints from natural world, either in a conscious way, or, more often, without the fulll knowledge of drafters or users of constitutional law. The thesis also aims at identifying the scope of such a integration : liberty became free thanks to the constituitonal stops that endeavour to prevent State power from being exorbitant.Although the analogy turns out to be partial, it allows constitutional law to take back control, - albeit not always successfully, - the use of modern science and technology. Under this perspective the Enlightenment constitutionalism opposes to authoritarian and totalitarian, regimes. These regimes do not hesitate, more than ever, to turn them against political and individual liberty that their populations might enjoy. Without liberty, which is challenging by nature, justice cannot happen. Only a minority in power benefits from the system by the monopoly of force as much of opinion. Such a perversion of knowledge and State law steadfastly turns away from the heritage of Enlightenment
Marmursztejn, Elsa. "Un "troisième pouvoir" ? : pouvoir intellectuel et construction des normes à l'Université de Paris à la fin du XIIIe siècle d'après les sources quodlibétiques (Thomas d'Aquin, Gérard d'Abbeville, Henri de Gand, Godefroid de Fontaines)." Paris, EHESS, 1999. http://www.theses.fr/1999EHES0029.
Hurel, Arnaud. "L'institutionnalisation de l'archéologie préhistorique en France métropolitaine (1852-1941) et l'Institut de paléontologie humaine Fondation Prince Albert Ier de Monaco." Paris 4, 2004. http://www.theses.fr/2004PA040193.
Contrary to the other human sciences, the institutionalization of the prehistoric archaeology in France, that is its conversion of a social reality in a regulated structure, evolves by stages which, in their nature and their chain, go beyond those whom we hold traditionally for the other scientific disciplines. While, from the end of the first half of the XIXth, the community of the prehistorians begins to be scientifically recognized, it does not find academic position and refuses any rule of the excavations. Nevertheless, since the Revolution, the notion of national interest was led bit by bit as regards the archaeological heritage. In 1910, the French prehistorians oppose even firmly to the first bill conceived in order to protect deposits and they claim an exclusive and own right on their activities. The same year, the creation of the Institute of human paleontology by Prince Albert of Monaco represents the first attempt of professionalization of prehistorian's activity. The Second World War is going to pass beyong these oppositions and to impose the law of September 27th, 1941 as well as an official research structure by the C. N. R. S. And the University
Griffet, Anne. "Justice et pouvoir dans la tragédie classique de 1634 à 1677." Thesis, Paris 4, 2016. http://www.theses.fr/2016PA040198.
In the 17th century, the French tragedy flourished in a particular political context opening a path for much questioning regarding the right to govern. Louis XIII's reign was followed by Anne of Austria's Regency in 1643, and Louis XIV’s construction of an absolute monarchy, accelerated by the death of Mazarin in 1661. Moreover, the young sovereign struggled with the strong hostility of the parliament and the nobles who threatened his authority. It is to be wondered then, how the French tragedy sets a complementarity between aesthetic stakes and political and legal ones, how the questions of law it raises when it considers the different legal problems, which the power can face, lead to the confrontation between characters, letting the dramatist give birth to emotions specific to the tragedy genre while giving (the reader) much to think about? Dramatic tensions can first come from conflicts between criteria justifying the prince’s empowerment - legal criteria (birth, marriage) and factual criteria (merit, popular support, ability to withdraw from authority). Then, dramatists can root the tragic crisis in the judicial exercise of the sovereign, who deliberates, judges, makes laws, rules, decides upon peace or war. Finally, the feelings of fear and mercy prescribed by Aristotle can come from the omnipresence of injustice in the upper reaches of power – a medley of public and private subjection, betrayal, and the unsuitable use of the reason of State
Guiol, Marie-Christine. "Finalités et modalités de la peine dans la doctrine pénale et la pensée politique des XVIIe et XVIIIe siècles." Nice, 2008. http://www.theses.fr/2008NICE0060.
From the necessity of « punishing a crime » emerges two essential questions that have not been resolved in a definitive and satisfactory way : « why punish ?» what is the objective, and « how to punish ?» with what means. The fight against criminality and the choice of the punishments that are best adapted is an ongoing preoccupation. Throughout its history, penal policy has considerably evolved outside influences factors. At the forefront of these influences are the great penal doctrines and the 18th century marks a turn in the history of these doctrines with the authors working towards a renovation of a penal policy regarded as inadequate. In the intellectual effervescence of the « siècle des Lumières » penal thought will induce a new orientation of the penal policy, its objectives and the means of punishment
Bourget, Renaud. "La science juridique et le droit financier et fiscal : Etude historique et comparative du développement de la science juridique fiscale (fin XIXe et XXe siècles)." Paris 2, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D111.
Bassano, Marie. ""Dominus domini mei dixit. . . "; Enseignement du droit et construction d'une identité des juristes et de la science juridique : Le studium d'Orléans (c.1230-c.1320)." Paris 2, 2008. http://www.theses.fr/2008PA020052.
Belissa, Marc. "La cosmopolitique du droit des gens (1713-1795) : fraternité universelle et intérêt national au siècle des Lumières et pendant la Révolution française." Paris 1, 1996. http://www.theses.fr/1996PA010502.
From the project ofr a perpetual peace of the abbé des Saint-Pierre in 1713 to Kant's in 1795, XVIIIth century's philosophers debate of peace making and of new relations between the peoples. The concept of the law of nations inherited from the philosophical debates of the xvith and xviith centuries plays a central role in this reflexion. People of the enlightment argue about the abilitiy of humanity to achieve peace, and about the means of achieving a civil relationship between nations. The manners of the ancien regime are submitted to the critique of reason : conquest, the laws of war and diplomacy are rejected. How to conciliate universal brotherhood with the love of one's country ? How to conceive an economic development wich respects the reciprocity of the rights of peoples ? The answers to these questions give the outlines of political trends crystallise in french and american revelutions between 1776 et 1795. Two approaches materialize progressively. The first approach intends to build a national power able to defend its own interests in a political space made of independant nations and wich are tried by a positive law of nations. In this system the nation-state sovereignity replaces the private order of the ancien regime. The other approach, wich we call a "cosmopolitics of the law of nations", aims to build a civil and federate society of nations wich would be a warrant for the rights of the peoples
Pavé, Marc. "Réglementation et organisation de la pêche côtière en France : 1715-1850." Paris 4, 2000. http://www.theses.fr/2000PA040259.
Hilaire-Pérez, Liliane. "Inventions et inventeurs en France et en Angleterre au XVIIIe siècle." Paris 1, 1994. http://www.numilog.com/bibliotheque/cite-sciences/fiche_livre.asp?idprod=85431.
Studying innovation in XVIIIth-century Europe often means comparing France to England. For a long time, historians have considered that England was the schoolmaster of the industrial revolution, but it is assumed now that, as jean bouvier said, "each nation is different from its neighbours", wich is not contrary to English domination over Europe. In fFrance, absolutism and academism fastened ties between science and politics, public utility and privilege, talent and private succes. The 1762 royal declaration confirmed this when regularizing the issue of monopolies for invention. In England, the bond between science and politics was a stack one, except if the state interests were at stake (statute of monopolies, 1624). Patents were issued without examination, but if paying. Nevertheless, in both countries, the technician was a new man, a craftsman and a genius, more encouraged in england (society of arts), much confused in France. Genuis and talent meant the setting of a natural right for inventors, in a more disputed way in France. But in both countries, the enlightened reconciling of arts and sciences was shadowed by new hiearchies betwwen technicians. At the end of the century, all across the channel, economic growth was the sole end of inventions. Large investments in innovation became sufficient proof for French government, as it released form the laxw process, in the English way. The birth of the brevet in 1791, imitated from the patents, also meant the setting of relief funds for needy inventors. As a matter of fact, natural right had to cope with social disparities
Carbajal, López David. "Utilité du public ou cause publique : les corporations religieuses et les changements politiques à Orizaba (Mexique), 1700-1834." Paris 1, 2010. http://www.theses.fr/2010PA010611.
Bueb, Renaud. "Condition servile et droit de mainmorte en Franche-Comté méridionale au XVIIIe siècle." Dijon, 1994. http://www.theses.fr/1994DIJOD006.
In the eighteenth century, people and their land were still submitted to the law of the lords, in the East of France, especially in the church domains of the south of Franche-Comté (the abbeys of St-Claude, Gigny, and Baume-les-Messieurs). In 1733, Dunod de Charnage, a lawyer from Franche-Comté, recorded the theory of the servile right in a famous treaty. This study consists in revealing the daily life of bondmen and the practice of the servile right, from notarial and judicial archives. The fraud concerned the refusal to acknowledge the seignorial rights, to pay the taxes of transfer or to give the expired estates back to their lords. The protest, which was isolated at the beginning of the century, became massive after 1750. Bondmen suffered the consequences of the "burghers' management" of the lords, income and offered resistance to the attempts of increasing the amount of the feudal duty (seignorial reaction). From 1770 on, Voltaire supported the communities of bondmen in Saint-Claude and thus the compelled the authority to modify the servile statute (the edict of 1779). The inducements to the setting free of these people were of no wail. Just before the revolution, the debate about the suppression of bondage (with brochures, pamphlets, grievances) underlined the lords' foundness for the right of bondage in Franche-Comté, where was the peasants claims pleaded in favour of alleviation of the seigneurial burden
Ribaton-Labro, Catherine. "Contre l'hégémonie des grands ou La petite histoire du devenir de la science de la morale dans le système de Jean-Jacques Rousseau." Clermont-Ferrand 2, 2007. http://www.theses.fr/2007CLF20017.
Paré, Magalie. "L’intendant d’Auvergne et la vie locale au XVIIIème siècle." Clermont-Ferrand 1, 2004. http://www.theses.fr/2004CLF10268.
Jacquin, Frédéric Nicolas. "Le crime d'empoisonnement et son imaginaire dans la France du XVIIIème siècle." Paris 4, 2003. http://www.theses.fr/2003PA040114.
In the 19th century studying poisoning was carried out mainly by the " Positivist " school. Historians considered that the stories belonged to classic historiography as the expression of superstition which decreased in the 18th century. But the judicial archives of the jurisdiction of the Parliament in Paris revealed the existence of numerous poisoning affairs brought before the Court betwenn 1700 and 1790. The choice of our study was the choice of a history anxious to take into account people's imagination and the systems of representation those murders had developed. The discovery of poisoning was the cause of deep anguish combined with the image of a violent death. The observation on the bodies of the victims of lesions due very often to arsenic helped to create a terrifying atmosphere. Informed, the people of the law would go to the spot of the drama in order to certify the murder. During the investigations, the judges entrusted doctors with the task of doing the forensic examinations. But above all the gathering of material proof and evidence allowed to understand the context of every case. Considered as a food-linked murder, poisoning was very close to the skill of food preparation. Mixed to the daily meals poison would produce smells which created a very aggressive olfactory atmosphere opposed to the smell produced by sweet medecine. The inquieries to discover the culprit were based on plans born of people's imagination in which women were the main instigators of murders. Associated with the image of witchcraft, the stereotype of poisoner gradually broke with this image to be a model on his own right. Being the symbol of a despicable person, he was severely punished. But at the end of the 18th century, the act he was charged with was no longer associated with the idea of murder. The medical study showed that violent deaths could be due to natural intoxication
Agresti, Jean-Philippe. "Les régimes matrimoniaux en Provence à la fin de l'ancien régime : contribution à l'étude du droit et de la pratique notariale en pays de droit écrit." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32026.
Before the enactment of the french Civil Code which instored a legal united property of marriage, there were in Provence marital agreements. No researches were made on it for the 18th century. Confronted archives show that Provence had a complete and unique system of rules which had the same function as other legal systems founded on inner customs. The provençal marital agreements form an efficient system based on a de facto separation of estates, copied on a triumphal roman model. The dotal agreement is favored by jurisconsults as the wright model. Jurisconsults and notaries use dowry system and separation of estates with talent and good sense. Provence shows a very common practise of marital agreement which corresponds to the rules applied by jurisconsults. There are very few examples of united property in marriage. Nevertheless, at this time, the marital agreement is no more a familial charter but is already centered on dotal apport
Matrud, Fawzia. "Les relations franco-tripolitaines à l'époque de Youssef Pacha, entre 1795 et 1832." Electronic Thesis or Diss., Orléans, 2013. http://www.theses.fr/2013ORLE0001.
In the 17th century, the seas were dominated by the English and French navies. Just like the English, the French fought to control the Mediterranean sea-routes which represented major strategic world trading routes and they were also the scene of many battles between the different maritime fleets. Quite naturally, in order to control the Mediterranean, a certain level of intervention in the internal affairs of the Mediterranean States was necessary. This led Europeans to seek to strengthen their relations with the Ottoman Empire that controlled the North African Regencies and also Tripoli at the time. Franco-Tripolitanian relations were founded on intense diplomatic efforts and quasi-permanent communication between the two countries, particularly during the reign of Youssef Pacha (most commonly Yusuf Karamanli) and the Tripoli Regency, when the French government played a decisive role in the political situation and economic development of the region. By focusing its activities on diplomatic relations, France considered its incursion as a tool for a Modern state to justify and maintain a fleet off the coast of this state that was, at the time, one of the most powerful in the Mediterranean region. For France, Tripoli was also a gateway for trading activities. Youssef Pacha’s reign was also marked by an element that gave even greater value to Tripoli for the French: the progress made in geographical exploration and discoveries in Africa. Here again, France and England were competing in their exploration of the Dark Continent from Tripoli down. Tripoli also played a key role during the political crises between France and England, particularly during the Napoleonic wars. All the above elements contributed to the creation of high-level diplomatic and economic relations that were built on cooperation, despite certain problems that arose during the period
Vacher, Marc. "Voisins, voisines et voisinage à la fin du XVIIIème siècle : le cas lyonnais (1776-1790)." Lyon 2, 2002. http://theses.univ-lyon2.fr/documents/lyon2/2002/vacher_m.
Tallier, Pierre Alain. "Forêts et propriétaires forestiers en Belgique, 1814-1914: histoire de l'évolution de la superficie forestière, des peuplements, des techniques sylvicoles et des débouchés offerts aux produits ligneux." Doctoral thesis, Universite Libre de Bruxelles, 1996. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212281.
Mattei, Jean Mathieu. "Les lois de la guerre et l'encadrement juridique des conflits terrestres entre nations au XVIIIème siècle (1700-1819) : introduction à l'histoire du droit international." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32022.
The laws of war during the eighteen century represent an age of transition in the history of the international law. At the beginning of this century, it is still qualified of " jus gentium " and only formed by the " jus belli " or laws of war. This science built by Ayala, Gentili, Grotius and Textor. After 1700, his content will integrate new concepts like sovereignty, State, nation, territory, sea, trade. The Enlighment's doctrine will found modern international law. Wolff, Burlamaqui, Vattel, Bynkershoek, Jean Jacob Moser, Gaspard de Real, Martens, Vicat, de Rayneval, Schmaltz et Klüber will be the masters of it. It remains that the Laws of war itself will be brought at an exceptionnal level of technicality, result of the doctrinal work based on the observation of the practices of the nations. Agreements of war, customs of war, neutrality will be with theoretic questions like just cause of war and just authority entitle to war, perfectly explain
Leblanc, Jean-François. "L'enjeu de la taxation et le débat démocratique dans la Province du Canada, 1841-1856." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/33249.
In the mid-nineteenth century, the Province of Canada gradually gained greater financial independence, as the result both of colonial demands and changes in broader imperial policy. These changes occurred at a time when the role of the state itself was changing, raising debates about the position it should occupy. Taxation was central to these concerns, since it brought up issues concerning both democracy and governance. This thesis explores the debate on taxation from the perspective of the rationalization of thinking about the state. It focuses on the parliamentary debates of the Province of Canada between 1841 and 1856. Rationalization led to the creation of categories and the standardization of law, which in turn resulted in the universalization of fiscal measures. This can be seen through the introduction of the user-pay principle for public services and the decline in recourse to moral criteria to justify taxation.
Loualich, Fatiha. "La famille à Alger (XVII-XVIIIe siècles) : parenté, alliance et patrimoine." Paris, EHESS, 2008. http://www.theses.fr/2008EHES0027.
This work rests on the analysis of a corpus of files drawn from the three series of the Othoman funds of Algiers (acts of the notaries, registers of the Treasury, registers of estates) which amount to more than two thousand acts. The exhaustive exploitation of this corpus was carried out in three directions: the bonds, the goods (which are the directing axes of this research) and the legal practice. For each part, I selected a sample of acts which I tried to question according to a protocol in connection with my central theme: the relationship between bonds and goods and the legal practice which managed these fields. The first part is reserved for family ties (bonds), this research tried, through various investigations, to tackle the questions of relationships, family and alliances. In the second part, the investigation is centered on the family relationships / inheritance through a specific case study. I followed the routes of certain goods to determine the circulation of the inheritances, the forms of transmission and circulation and their relationship with the various economic situations. The third part is reserved to family and the legal practice; I gave prominence to the acts relative to the requests of legal consultations, which reflect the reality of the company: disputes, litigations and complex situations that allowed us to better appreciate the intervention of the institution on the ground. This third part is in fact the setting in synergy of the two preceding; ones of which constitutes the synthesis. Indeed, since it is the legal institution which manages the bonds and the goods, to follow its intervention on the ground is a manner of collecting in their immediacy the three fields simultaneously: bonds, goods and legal practice. For each part, an appendix, the tools (methodology) for analysis and the rough results of investigation are presented. The essence of this work will consist in commenting on these results and drawing some conclusions. I present, in conclusion, the sources and the bibliography used as support for this research
Meidinger, Isabelle. "L' État et les minorités cultuelles en France au XIXe siècle : l'administration des cimetières israélites de 1789 à 1881." Paris, EHESS, 2002. http://www.theses.fr/2002EHES0067.
When one considers the relations between the State and religious minorities in the 19th century in France, one is tempted to refer to a double dialectic : integration / emancipation, secularisation / “laicisation”. My thesis aims, on the contrary, to demonstrate that those relations were specific, that they were regulated by a unique model characterised by three key ideas: equality, separation and acknowledgement. The fact that this model has never been officially recognised by public authorities can be explained by the contradiction in which the State found itself allowing a specific model of regulation in the name of equality and at the same time, promoting a unique policy for all citizens in the name of the same equality
Coccio, Valérie. "La terre et les juristes dans la Lorraine ducale au XVIIIe siècle." Nancy 2, 2005. http://www.theses.fr/2005NAN20010.
Touré, Moussa Ibrahim. "Jurisconsultes musulmans et conflits hégémoniques dans la boucle du Niger au 18ème et 19ème siècle : méthodes de règlement des conflits et émergence d'un droit international." Montpellier 1, 2006. http://www.theses.fr/2006MON10019.
Audegean, Philippe. "Philosophie réformatrice : Cesare Beccaria et la critique des savoirs de son temps : droit, rhétorique, économie." Paris 1, 2003. http://www.theses.fr/2003PA010628.
Clavilier, Catherine. "Physiocratie, sciences de la nature et expression artistique de la ruralité en France dans la seconde moitié du XVIIIe siècle." Paris 1, 2005. http://www.theses.fr/2005PA010543.
Labbé, Éric. "Polémique sur le droit de grâce, 1789-1791 : fondements éthiques et politiques." Thesis, Université Laval, 2008. http://www.theses.ulaval.ca/2008/25116/25116.pdf.
Ventrone, Giuseppe. "Tolérance et pluralité à l'âge des Lumières : Paris et Naples (1720-1785)." Paris, EHESS, 2006. http://www.theses.fr/2006EHES0034.
The enlightenment project of "enlightening" of society through Reason is bound up with the idea of the possibility to act on people's mentality, i. E. Exerting influence over classes, categories or social groups in order to determine a profound and persistent "conversion" of their representation of their own condition and, accordingly, of their behavioural pattern. This research, far from tackling the question of the actual political influence of the Philosophers, is devoted to a detection and description, drawing on the texts, of the presence in their ideas of different paradigms of minor influence like : plurality, utility, consistence, belonging. The research aims at showing the way in wich this paradigms can crystallise themselves in the idea of tolerance. The same phenomenological methodology will be used to test the spread of these paradigms in the neapolitan enlightenment
Marconi, Cyrille. "Les ateliers de charité en Dauphiné : l'assistance par le travail entre secours et enjeux économiques (1771-1917)." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00910894.
Perry, Laurence. "Le moulin et le meunier dans la société rurale auvergnate du XVIIIe siècle." Clermont-Ferrand 2, 1986. http://www.theses.fr/1986CLF20002.
Juridical, technical, economical study of millers trade - corn mills, hemp mills and oll mills- and of millers in the rural society in Auvergne during eighteenth century. The province of Auvergne counts a large majority of water mills, implicating many juridicals (water right) and geographical constraints. Technically, little mills with horizontal wheels are preponderants in montainous zones, they make millers trade in Auvergne a few remunerative activity and millers a social group without cohesion which place in society is mediocre
Pauthier, Céline. "Le critère de l'exercice illégal de la médecine, 1673-1793 : entre défaut de droit et manière de soigner." Strasbourg 3, 2000. http://www.theses.fr/2000STR3A002.
Prenant, Patricia. "Le brigandage et sa répression dans le "pays niçois" aux XVIIIe et XIXe siècle." Nice, 2008. http://www.theses.fr/2008NICE0040.
In France or in the Kingdom of Sardinia, the legislator considers the robbery to be one of the most serious crimes, and therefore to deserve the most severe and most exemplary punishments. However, the literature created myths around some bandits, as Cartouche or Mandrin, by turning them into popular heroes. Nevertheless, the region of Nice is poor, mountainous and a border territory. Moreover, it has been subjected to several changes of sovereignty between the XVIIIth and the XIXth century. Thus, the reality of the robbery does not correspond either to the description given by the legislation, or to the one supplied by the literature. Mostly, we are in presence of poor people, that become criminals when the opportunity appears and steal to survive and not to grow rich. Therefore, the judges of the region of Nice try when possible to deliver a sentence which takes into account that reality but also respect the promulgated punishments
Grancher, Romain. "Les usages de la mer : droit, travail et ressources dans le monde de la pêche à Dieppe (années 1720-années 1820)." Rouen, 2015. http://www.theses.fr/2015ROUEL025.
This thesis aims to analyze the functioning of the world of fishing in Dieppe (Normandy) during the 18th century according to three research fields: labor history, environmental history and legal history. It begins with a presentation of the place, the challenges and the sources of this inquiry. It turns out that the labor field was considered as a “commons situation” that was organized by the actors of the community in order to take possession of the sea resources, in which the admiralty jurisdiction played a key role. It was indeed invested by the fishermen themselves with respect to regulation, certification and legitimization. In the second part, the comparison between petitions or check registers and small claims court reports, provides us with an insight into fishing as an activity regulated by practice, rules and institutions that were recognized by the people from that community. We then examine how fish resources were being concretely owned with a study of the transactions engaged by sailors, skippers and ship-owners’ associations according to a share system. Finally, we see how sea resources were being organized during two different time periods where regulation was very important: between 1720 and 1730, and during the Bourbon Restoration. The analysis of those various controversies – of use, interest or expertise – allows us to understand how laws intended for a general use apply to the specific situations in local communities. This work intends to highlight how norms are created and how they become rules in the Ancien Régime society, where the normative systems are not only concurrent, but also heterogeneous
Gauché, Sylvain. "Aux origines de la propriété minière : le droit minier et son application en Dauphiné du XVe au début du XIXe siècle." Grenoble 2, 2008. http://www.theses.fr/2008GRE21010.
The law pronounced on April 21st 1810 institutes a "mining property", recognized by the State to the concessionaries. It is an original property, a contemporary creation. Why did the legislator propose this innovation ? The political and economic importance of subterranean derived products had quickly forced the French monarchy to regulate all mine-concerned activities in order to enhance its own profits. The legal aspect of this issue had therefore undergone massive evolutions, all according to whatever means of enforcement the State disposed of. Whereas during the Middle Ages exploitation rights were based on the principal of liberty (in France, and also in the Dauphiné), as time went by, authorization to use the mines became dependant on Royal charters. However, this State-based control was slowed down bemuse of the opposition of local land-lords, owners and low-scale operators who refused political maneuvers dictated by the central authority. It was not until the unification of the French legal system after the 1789 Revolution, and the creation of a strong centralist State under Napoleon Bonaparte that all prior dispositions that varied from one locality to another were final1y abandoned. The completion of the French mine-law formation had come to an end with the law pronounced on April 21st 1810, that indisputably asserts the State's rights over all mine production, with a property conditioned by the general interest
Alzate, Adriana María. "Saleté et ordre : réformes sanitaires et société dans la vice-royauté espagnole de la Nouvelle-Grenade : 1760-1810." Paris 1, 2004. http://www.theses.fr/2004PA010594.
Yang, Yan-Bin. "Les récits de voyages et le développement des sciences de la vie en France au XVIIIe siècle : l'exemple des "nègres blancs"." Paris, EHESS, 2005. http://www.theses.fr/2005EHES0098.
During the XVIIIth century the existence of so-called "white negroes" roused the curiosity of scientists. Most of their sources came from travelogues in which the strange phenomenon of "white" children born of black parents was first mentioned. Scientists tried to formulate their own theories about the causes of albinoism, based on these accounts which were very difficult to prove. One such theory held that albinos were a white race living in the centre of Africa. Another saw albinoism as an illness. Other theories claimed it was a side-effect of leprosy or even resulting from a flaw in the sperm of some black-people. In spite of these conflicting opinions, which appear ridiculous today, the scientists of the enlightenment began the study of the phenomenon of heredity
Kury, Lorelai Brilhante. "Civiliser la nature : histoire naturelle et voyages (France, fin du XVIIIe siècle - début du XIXe siècle)." Paris, EHESS, 1995. http://www.theses.fr/1995EHES0085.
Starting with the enlightenment, the histoire naturelle was characterized by the emphasis on the utility of nature. Within this context, botany, zoology and agriculture were seen as crucial disciplines in the development of civilization as well immediately relevant to the happiness of mankind. The search for exotic natural products thus mobilized considerable individual and institutional efforts. The parisian museum d'histoire naturelle played a key role in the studies of nature carried on in france : there, exotic natural products became part of a universal system of knowledge, thanks to their orderly disposition and the acknowledgement of their utility. Often carrying with them detailed instructions, naturalists left their country with the hope of finding extraordinary plants living in privileged countries. Voyages did however constitute a highly heterogenous enterprise, differing in motivation, execution and outcome. The voyage, as perceived by contemporaries, represented the intellectual and physical conquest of the world involving science, utopia, personal gain, public utility and adventure. Back to france, the chimera of the acclimatisation of exotic plants indicated the hope of overcoming the geographical limitations imposed upon living beings, thus submitting nature to civilization
Cohen, Claudine. "La genese de telliamed. Benoit de maillet et l'histoire naturelle a l'aube des lumieres." Paris 3, 1989. http://www.theses.fr/1989PA030156.
Opposite to many interpretations of benoit de maillet's telliamed as a forerunner of xixth century scientific theories, our work sets this book in the intellectual background in which it was written (mainly 1690-1720), and studies its genesis focusing on three points of view : the materialistic production of the text ; the genesis of a materialistic "system of the world"; the genesis of its scientific ideas about the formation of the earth, the origins and becoming of life, plants, animals and man. The outcome of this work is an analyse of the representations of time in this complicated text and the early xviiith century period
Vintilă-Ghiţulescu, Constanţa. "La construction et la désunion du couple : les jeux du mariage dans la Valachie au XVIIIe siècle." Paris, EHESS, 2004. http://www.theses.fr/2004EHES0003.
The present Ph. D. Dissertation is concerned, as its title suggests, with the construction and deconstruction of the couple in Wallachia during the eighteenth century. The thesis is structured according to two major steps in the life of couple : the way in which a family created and the failure related to divorce. The source material of my dissertation consists of the unpublished judicial archive produced by the ecclesiastical court of justice. This important institution functioned without interruption between 1738-1964 beside the Bucharest Metropolitan church. It attributions covered the matrimonial cases as welle as those related to the "bad morals". My analysis is a social historical one ; my primary aim was to rebuild the daily life of the social actors of marriage history, using the methodological tools of the history of mentalities, micro-history, or social anthropology. The first part of the thesis offers an analysis of the Orthodox Church in Wallachia as an institution, which sets the norms and recommendations regarding the life of the individuals. My research dwelled mostly on the judicial practices of the ecclesiastical court of justice, which revealed the tight connection between the subject and his/her community. The second part of the dissertation follows closely each step of the long adventure of a couple : the choice of the partner, the dowry, the engagement, the wedding, and all related rituals. Beside the social and religious factors, the economic considerations played a major role in establishing a new family. The third part of the thesis analysed the discourses emerging around the failure of a couple. Divorce had been always accepted and garanted by the Orthodox Church but only on sollid grounds, specified by the canon law : bad treatment, adultery, abandonment of the conjugal home, illness, or one of the partner's retreats into a monastery. The conclusion sums up the main findings of th thesis and sets tasks for further research
Regourd, François. "Sciences et colonisation sous l'Ancien Régime : le cas de la Guyane et des Antilles françaises, XVIIe-XVIIIe siècles." Bordeaux 3, 2000. https://hal-univ-paris10.archives-ouvertes.fr/tel-01656967.
Scialom, Rémy. "La distinction lois politiques - lois civiles : 1748-1804." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32030.
Desirous of clarifying a confused legal system and of resulting in human bliss, in L'Esprit des lois published in 1748, Montesquieu makes the distinction between political and civil laws. Identifying Civil law with Private law, he calls political law public and likens laws and law. To achieve his aim - the good of individuals and of society- the legal system must lean on public law since it comes from natural rights. Hence the primacy of political laws over civil laws. Given a rough handling by the critics, sometimes even disparaged, the distinction which was consolidated by the members of parliament, l'Ecole du droit naturel, and les Maximes du droit public français becomes the rule thanks to the philosophers of the Enlightenment. The notion of constitution, the politization of civil laws under the Revolution and the civil code reassert the primacy of political laws. Anticipating the relations between public law and private law which were established by the drafters of the civil code, the distinction between civil and political laws constitutes an intermediate stage in the setting of the important classifications of law. However, from the second half of the 19th century, the division line between political and civil laws, and between public and private laws becoming vaguer and vaguer its route has been in need of being drawn a new
Vuillemin, Nathalie. "Les beautés de la nature à l'épreuve de l'analyse : programmes scientifiques et tentations esthétiques dans l’histoire naturelle du XVIIIe siècle (1744-1806)." Paris 3, 2007. http://www.theses.fr/2007PA030096.
The purpose of this work is to examine how the scientific discourse of the second part of eighteenth century was elaborated between two contradictory temptations : the formal one, necessary because of the fast progress of science since the beginning of seventeenth century, and the aesthetic temptation, based on the pleasure of watching the beauty of nature. The thesis is divided in 2 parts: the first one is dedicated to the formation of the scientific discourse; the second one is a study about the opposition of old and modern visions of nature
Goncalvès, Dominique. "Le planteur et le roi : étude des relations entre les élites aristocratiques havanaises et la couronne espagnole 1763-1838." Toulouse 2, 2004. http://www.theses.fr/2004TOU20093.
In 1763, when Spain was no longer capable of defending La Havana by itself, but anxious to develop the colonial economy, the government negotiated a political and economic reform with the local elites. While these elites have been encouraged to participate and contribute financially to defending the city, they were favoured in return by improved conditions for producing sugar cane. At the same time the Spanish monarchy tried to bind about thirty families by creating a contest for being honoured with nobiliaries titles. So, these planters families were turned into formidable allies of the Crown, in the course of struggle for independence and during the liberal eras. Nonetheless elites' political relevance did oblige the Crown to make compromises. Although continuously weakened by the consequences of their aristocratic enclosure (consanguines marriages and competition by the tradesmen elite) this system was stable enough to resist all fundamental political changes until at least 1838
Drouault, Célia. "Le statut des femmes dans la société civile du XVIIIe siècle : droit et réalités à travers l'exemple de Tours." Tours, 2005. http://www.theses.fr/2005TOUR2007.
Hubert, Armelle. "Etude des contrats de mariage et de la pratique notariale à Paris au milieu du XVIIIe siècle (1749-1758)." La Rochelle, 1999. http://www.theses.fr/1999LAROD004.