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Dealing with Wars and Dictatorships
Democratic ‘transitions’ in Latin America, Eastern Europe, and South Africa, often studied under the conceptual rubric of ‘transitional justice’, have involved the formation of public policies toward the past that are multifaceted and often ambitious. Recent scholarship rarely questions the concepts and categories transposed from one country to another. This is true both in the language of political life and in the social sciences examining past-oriented public policy, especially policy toward ‘ethnic cleansing’ and the line between the language of political practice, legal analysis, and scholarly discourse has been quite porous. This book examines how these phenomena have been described and understood by focusing recent processes, such as the advent of international criminal justice, in relation to previous postwar and recent purges. By crossing disciplinary approaches and periods, the authors pay attention to three main aspects: the legal or political concepts used (and/or the ones mobilized in the academic work); the circulation of categories, know-how, and arguments; the different levels that can shed light on transitions.
In the 1930s, the French Third Republic banned naturalized citizens from careers in law and medicine for up to ten years after they had obtained French nationality. In 1940, the Vichy regime permanently expelled all lawyers and doctors born of foreign fathers and imposed a 2 percent quota on Jews in both professions. On the basis of extensive archival research, Julie Fette shows in Exclusions that doctors and lawyers themselves, despite their claims to embody republican virtues, persuaded the French state to enact this exclusionary legislation. At the crossroads of knowledge and power, lawyers and doctors had long been dominant forces in French society: they ran hospitals and courts, doubled as university professors, held posts in parliament and government, and administered justice and public health for the nation. Their social and political influence was crucial in spreading xenophobic attitudes and rendering them more socially acceptable in France. Fette traces the origins of this professional protectionism to the late nineteenth century, when the democratization of higher education sparked efforts by doctors and lawyers to close ranks against women and the lower classes in addition to foreigners. The legislatively imposed delays on the right to practice law and medicine remained in force until the 1970s, and only in 1997 did French lawyers and doctors formally recognize their complicity in the anti-Semitic policies of the Vichy regime. Fette's book is a powerful contribution to the argument that French public opinion favored exclusionary measures in the last years of the Third Republic and during the Holocaust.
Law at Work
The studies in this volume use ethnographic, ethnomethodological, and sociolinguistic research to demonstrate how legal agents conduct their practices and exercise their authority in relation to non-expert participants and broader publics. Instead of treating law as a body of doctrines, or law and society as a relationship between legal institutions and an external society, the studies in this volume closely examine law at work: specific legal practices and social interactions produced in national and international settings. These settings include courtrooms and other tribunals, consultations between lawyers and clients, and media forums in which government officials address international law. Because law is a public institution, and legal actions are publicly accountable, technical law must interface with non-expert members of the public. The embodied actions and interactions that comprise the interface between professional and lay participants in legal settings therefore must do justice to legal traditions and statutory obligations while also contending with mundane interactional routines, ordinary reasoning, and popular expectations. Specific chapters examine topics such as family disputes in a system of Sharia Law; rhetorical contestations about possible violations of international law during a violent conflict in the Middle-East; the transformation of a courtroom hearing brought about by the virtual presence of remote witnesses relayed through a video link; the practices through which written records are used to mediate and leverage a witness's testimony; and the discursive and interactional practices through which authorized parties use legal categories to problems with individual conduct. Each chapter shows that it makes a profound difference to the way we understand the law when we examine its meaning and application in practice.
New Perspectives on European Women s Legal History
This volume brings historical analysis to bear on the issue of gender and the law, covering themes ranging from gender in the legal profession, family law, and the intersections of law, politics, and public policy, to provide a comprehensive overview of European women's legal history and contributing to new insights to the fields of legal studies, women's studies, and modern European history.
Catalonia s Advocates
Offering a window into the history of the modern legal profession in Western Europe, Stephen Jacobson presents a history of lawyers in the most industrialized city on the Mediterranean. Far from being mere curators of static law, Barcelona's lawyers were at the center of social conflict and political and economic change, mediating between state, family, and society. Beginning with the resurrection of a decadent bar during the Enlightenment, Jacobson traces the historical evolution of lawyers throughout the long nineteenth century. Among the issues he explores are the attributes of the modern legal profession, how lawyers engaged with the Enlightenment, how they molded events in the Age of Revolution and helped consolidate a liberal constitutional order, why a liberal profession became conservative and corporatist, and how lawyers promoted fin-de-siecle nationalism. From the vantage point of a city with a distinguished legal tradition, Catalonia's Advocates provides fresh insight into European social and legal history; the origins of liberal professionalism; education, training, and the practice of law in the nineteenth century; the expansion of continental bureaucracies; and the corporatist aspects of modern nationalism.
Professional Men Professional Women
This book tells the story of the principal European intellectual professions from the demise of the ancien régime to the rise of the European Union. A historical study which applies sociological concepts it creates a European-scale picture of the professions spanning over two centuries of change. Uniting the legal, medical, engineering and accounting professions it provides a comparative historical and sociological exploration of 'Professional Europe'. Inspired by Bourdieu it rejects theories of professionalization drawing instead upon the sociology of crisis and theories on the decline of the professions to introduce among others, the topic of the intellectual professions' relationship with the fascist and authoritarian regimes. Detailed, well defined and critical in its application Professional Men, Professional Women also examines the role of women within the professions and includes a devoted chapter conducting a twofold comparison between countries and professions.
The Political Anatomy of Domination
Rereading Marx, Weber, Gramsci and, more recently, Foucault, Béatrice Hibou tackles one of the core questions of political and social theory: state domination. Combining comparative analyses of everyday life and economics, she highlights the arrangements, understandings and practices that make domination conceivable, bearable, even acceptable or reassuring. To carry out this demonstration, Hibou examines authoritarian situations—especially comparing the paradigmatic European cases of fascism, Nazism and Soviet socialism and those of contemporary China or North and Sub-Saharan Africa.
Bourdieu and Historical Analysis
Bourdieu and Historical Analysis explores the usefulness of Pierre Bourdieu s thought for analyzing not only the reproduction of social structures but also large-scale sociohistorical change.