L'histoire des justices militaires a jusqu'il y a peu été largement négligée. Institution hybride, elle a longtemps fait l'objet de jugements à l'emporte-pièce, tant chez les militaires que chez les juristes. On a ainsi vu se multiplier critiques acerbes et plaidoyers pro domo autour de cette institution si particulière.
Une série de séminaires menés dans le cadre du projet de la Maison des sciences de l'Homme, de 2004 à 2008, avait pour objectif de parcourir, en perspective comparée, les évolutions de la justice militaire depuis le XVIe siècle. Le présent volume reprend reprend une vingtaine de ces contributions, orientées sur le premier XXe siècle, pour comprendre les tensions, les pratiques et les limites de la justice militaire pendant et autour des deux guerres mondiales. Parcourant l'Europe occidentale, il se veut méthodologique et initiateur, éclairant une réalité transnationale à l'aide d'études de cas, inscrites dans le temps et l'espace.
The relations between the law, the weak and the strong have given rise to considerable debates for centuries. Father Henry Lacordaire once eloquently observed : " Between the strong and the weak, between the rich and the poor, between master and servant, it is freedom that is oppressive and the law that sets free ". This inspiring sentence supposes that the law allows to restore equality between the weak and the strong, by protecting the weaker one.
But is it always the case ? Does the law necessarily act in favour of the weak ? Although individuals may have de iure the same rights, de facto the situation can be that only the stronger ones may exercise their rights over the weaker ones, which are therefore deprived of their freedom. Besides can we consider that the law still can resist to the will of the mighty ? " While the strong relies on strength, the weak relies on the law " wrote Thucydides.
The present issue raises many questions relating to the interaction between the weak and the strong and how this interaction is grasped by the law. How does the law answer to differences in terms of (commercial, military, social, financial, etc.) power, or to situations in which there is no real equality between the parties ? Of course, this subject is broad and can encompass various topics such as fundamental rights, consumer protection, social law, international relations, protection of the environment and rules of procedure.
During the Sixth ACCA Conference held on June 23rd 2017 at the University of Liège, researchers and academics from all Belgian universities were invited to make their observations on this particular topic.This book, gathering more than twenty texts from this national Conference, has been published in order to share their research findings.
C'est en 1758 qu'a été publié l'ouvrage majeur d'Emer de Vattel, « Le Droit des Gens, ou Principes de la loi naturelle appliqués à la conduite et aux affaires des Nations et des Souverains ». Cet ouvrage a eu un impact considérable dès sa parution et il est aujourd'hui encore une référence souvent citée dans le monde entier.
Réunissant des spécialistes de Vattel venus des horizons les plus variés, le colloque organisé à l'occasion de cet anniversaire a été divisé en trois sessions, consacrées respectivement : au « Droit des Gens » à l'époque de sa parution ; au rayonnement du «Droit des Gens » ; et à l'actualité du «Droit des gens ». Il a permis de constater l'importance de l'impact de Vattel sur son temps, notamment du fait de la manière claire dont il a su exprimer certaines des grandes idées de l'époque. On constate en outre que Vattel s'invite aujourd'hui encore dans les grands débats de la communauté internationale, tels ceux de l'égalité souveraine des Etats, de la formation d'une entité européenne, du commerce international, du fanatisme religieux, du droit de la guerre ou de l'intervention humanitaire.
Certaines de ses positions ont été contestées et ont fait l'objet de vifs débats, notamment le poids qu'il met sur la souveraineté nationale. Mais on ne peut qu'admirer chez lui le caractère visionnaire et la clarté du propos. Qui est le Vattel de notre temps ?
Emer de Vattel's master work « Le droit des Gens, ou Principes de la loi naturelle appliqués à la conduite et aux affaires des Nations et des Souverains » was published in 1758. This work had considerable impact since its publication and remains today a reference often cited throughout the world.
Gathering specialists of Vattel from the most diverse horizons, the colloquium organised to mark this anniversary was divided into three sessions, respectively dealing with: the «Law of Nations» at the time of its publication ; the influence of the «Law of Nations»; and the continuing relevance of the «Law of Nations». It highlighted the importance of Vattel's influence on his time, notably due to the clear way in which he was able to express some of themain ideas of that era. Furthermore, itmust be noted that Vattel is still relevant to the great debates of the international community today, such as the sovereign equality of States, the shaping of a European identity, international trade, religious fanaticism, the law of war or humanitarian intervention.
Some of his positions were contested and became the object of heated debates, notably the importance he attributes to national sovereignty, but the visionary character and clarity of his views can only be admired.Who is the Vattel of our time ?
Yves Sandoz préside l'Association des anciens étudiants de la Faculté de droit de l'Université de Neuchâtel.Ancien directeur du droit international et de la communication du Comité international de la Croix-Rouge, dont il est aujourd'huimembre, il enseigne le droit international humanitaire à l'Académie de droit international humanitaire et de droits humains de Genève, à l'Université de Fribourg et au Collège d'Europe (Bruges et Natolin).
Another volume in the Clarendon Law Lectures series The author is the leading legal historian of English Legal History in the UK An important contribution to understanding the character of the common law tradition The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.
Readership: Scholars and students of the English system and British legal history
The first volume to be published in the landmark new series, The Oxford History of the Laws of England, the first full-length history of the English law that takes unpublished sources into account The series will be indispensable for law and history libraries Provides not only a history of law, but also a history of English society through legal eyes The history of English law is also the history of US and Commonwealth law This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed.
The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.
Combines close legal analysis, legal historiography, and reflections on contemporary (and future) legal developments throughout Europe Legal history helps us to understand our modern law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It may also reveal where a wong turn has been taken and thus prevent us from repeating an error. Today, however, historical legal scholarship has acquired an added significance in view of the Europeanization of private law and private law scholarship. It enables us to see the common ground between our modern national legal sustems and to understand existing differences. It makes us aware of the fact that the law has not developed in national isolation and can, therefore, not properly be understood under purely national auspices. It constitutes the foundation for scholarship in comparative law and paves the way towards re-establishing a European legal culture.
The focus of these Clarendon lectures is on the "vital connection that ties the present to the past" (Savigny) and on the link between legal history, modern legal doctrine, and comparative law. They aim to recreate an awareness of a fundamental intellectual unity based on a common tradition. Such awareness is of central importance to sustain the process of a Europeanization of private law which we experience today.
Lecture One: The End of an Era: Transformation of Scholarship in Roman Law Lecture Two: The Transition from Civil Law to Civil Code: Dawn of a New Era?
Lecture Three: A Change in Perspective: European Private Law and its Historical Foundations
The definitive source book on the development of the common law of persons, obligations, and property - an essential reference point for all legal historians or comparative lawyers engaged in this history of the common law Translates the sources into modern, accessible English, making the primary materials accessible to students of legal history The sources themselves offer a rich resource for historians of English society, government, and economics, revealing the operation of the courts in personal and economic disputes New to this edition Includes new sources discovered since the first edition published in 1986 Comprehensively revised and updated in light of recent scholarship, including corrections to some sources in light of law reports that were previously unavailable Baker and Milsom's Sources of English Legal History is the definitive source book on the development of English private law. This new edition has been comprehensively revised and udpated to incorporate new sources discovered since the original publication in 1986, and to reflect developments in recent scholarship.
All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law.
The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.
Readership: Students and scholars of legal history and the English legal system. Historians and students working on the development of the common law outside England. English historians specializing in the history of government, or social and economic historians.
Begins with a concise historical sketch of Rome and the Romans for those coming to the subject for the first time Provides accessible coverage of key topics such as the Roman legal system, and the law of persons, property and obligations Provides an overview of the impact of Roman law on modern legal systems Includes numerous extracts (fully translated) from the Digest and the Institutes of Justinian Accompanied by an extensive Online Resource Centre containing multiple choice questions, an interactive time line, a glossary of Latin terms, annotated web links, short biographies of key figures, original Latin versions of extracts reproduced in the book, examples of textual analysis of Roman law texts, and a guide to the literature and sources of Roman law New to this edition Updated to take full account of recent scholarly debate and literature Includes greater contextualisation of points of law, to present a more rounded picture of Roman law and the environment in which it operated Extracts from the key sources of Roman law are highlighted to distinguish them clearly from the text Two new online resources have been added to the Online Resource Centre: examples of textual analysis, to demonstrate how to analyse specific Roman law texts; and a guide to further research, to aid students in finding Roman law texts and associate literature on specific topics Borkowski's Textbook on Roman Law has been written with undergraduate students firmly in mind. The book provides a clear and highly readable account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations.
Aiming to provide a rounded picture of the subject, the author sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems.
A major feature of the book is the inclusion throughout of extracts in translation from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry.
Online Resource Centre The book is accompanied by an extensive Online Resource Centre, containing the following resources:
-Self-test multiple choice questions -Interactive timeline -Biographies of key figures -Glossary of Latin terms -Annotated web links -Original Latin versions of the extracts from the Digest and the Institutes -Examples of textual analysis of Roman law texts -Guide to the literature and sources of Roman law Readership: Law students studying Roman law at undergraduate level, and those taking degrees in the classics.
Ce volume est consacré à l'histoire des droits de l'homme en Suisse au tournant des XVIIIe et XIXe siècles. En comparaison avec les recherches de Lynn Hunt sur les origines des premières déclarations des droits de l'homme ou avec la généalogie des droits de l'homme de Hans Joas, par exemple, cette publication s'inscrit dans des cadres chronologique et géographique restreints. Grâce à une approche interdisciplinaire du sujet, elle conduit parfois à des résultats surprenants, qui remettent en cause le classement traditionnel des droits de l'homme en " générations " consécutives. La particularité de ce volume est de ne pas se limiter à aborder les droits de l'homme et les constitutions modernes à travers la perspective des anciennes et nouvelles élites politiques. Les contributions traitent également des problèmes liés à l'application de principes constitutionnels abstraits dans une période de bouleversements révolutionnaires, ainsi que de l'usage des droits de l'homme par les populations rurales et citadines.
Organisation de cooperation et de developpement economiques
Gouvernance
20 Novembre 2012
9789264176256
This report focuses on international practices of ex post evaluation, and particularly on the current efforts to conduct ex post evaluation of laws in Chile. It is divided in two main parts.
The first part of the report provides information and guidance, examples of practice and references on the subject of ex post evaluation in OECD countries, particularly in the Legislative area. It looks at the different definitions of, and motivations for, undertaking evaluation. There is no single template for undertaking ex post legislative evaluation. The objectives and methods to be used will depend on factors such as the nature of the law to be evaluated and the parliamentary and governmental context in which the evaluation takes place.
In the second part the report evaluates the current system and process of ex post evaluation of laws in Chile. It discusses the efforts made by the recently established Law Evaluation Department in the Chamber of Representatives, in the framework of the law making process of the country. It revises the current practices in both branches of government, executive and legislative, to conduct ex post evaluation of laws and regulations, as well as the formal and informal mechanisms to prepare laws and regulations and their possible ex post review. The paper revises as well the current programme for law evaluation launched by the Chamber of Representatives and it analyses its main components, in particular methodological approaches and inclusion of citizens' perceptions as a tool to increase transparency.
The report concludes with an assessment of the main challenges that the law evaluation work is facing in Chile and makes some recommendations related to institutional, methodological and governance issues.
