Pour un modèle sémiotique de l'analogie du jeu en théorie du droit

Traduit de l'anglais par P. Brunet et E. Landowski (Towards a Semiotic Model of the Games Analogy in Jurisprudence,Droit & Société 17–18 (1991), 97–121.)     

Laetitia Guerlain et Nader Hakim (éds.): Littératures populaires du droit. Le droit à la portée de tous

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Le débat autour du bilinguisme des juges à la Cour suprême du Canada: analyse de la doctrine et des débats parlementaires

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Il n’existe aucune disposition législative ou constitutionnelle qui oblige les juges...     

The Programme de recherche en démographie historique: past,present and future developments in family reconstitution

The Programme de recherche en démographie historique (Historical Demography Research Programme) (PRDH), founded in 1966 and based at the Département de Démographie of the Université de Montréal, has since its inception featured a central project, a family reconstitution database of Quebec’s Catholic population from 1621 to 1799 named the Registre de la population du Québec ancien (Population Register of Historic Quebec) (RPQA). This article, which marks the fiftieth anniversary of the project, explores the development of the RPQA over the five decades in the context of similar international databases, explains the current state of the database as well as our record linkage methodology, describes an important collaboration now underway to build a larger Quebec historical data infrastructure, outlines new and renewed international collaborations, and summarizes research conducted using these data as well as future research possibilities. The particular geographic context, historical development and manageable colonial population size of Quebec favoured family reconstitution of the whole colony from the beginning of the project. Today, the RPQA comprises 438,193 individual biographies and 74,000 family files encompassing up to nine generations. To reconstitute families, we must identify and incorporate into the database all demographic events, including those whose existence can only be inferred through other sources. Future efforts to link nineteenth-century parish acts will need to deal with large case counts, mixed Catholic–Protestant marriages, and increased geographic and social mobility. The integration of complementary data will provide information on household co-residence, occupations, help track the destinies of mixed-religion persons and persons outside nuclear families and provide additional points of observation.     

Venta y donación de órganos en la ley de ablación e implantes argentina: algunos problemas bioéticos

First, I do general observations about the influence of medicine on Ethics. Second, I analyze two arguments that have been given regarding the ban on the marketing of organ —ie., “the Kantian argument” and “the argument from exploitation” —. Then, I examine two standards of Argentina's Legislation on organ ablation and implantation. This paper propose to consider the reasons that should befound to support the sales ban organ; the called corruption objection (Sandel) and that the donation is justified provided that no control of this decision on other people (Seleme). Accepted this position, then it is argued that Argentina's standards limiting qualified individuals to donate organs, are not justified.     

Beuvant,Hugo, Thérence Carvalho and Mathilde Lemée (edd.), Les traductions du discours juridique. Perspectives historiques,Préface de Francesco di Donato

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Libertad de expresión y discurso homofóbico en méxico: ¿es correcta la teoría constitucional de la suprema corte?

The article discusses a recent decision by the Mexican Supreme Court whereby damage resulting from the use of discriminatory language may in certain cases appropriately counterweight freedom of speech. The ruling expresses thesis at three different levels, all of them relevant from the viewpoint of constitutional theory. First, it expresses a vision of the kind of exercise the Court should deploy when reviewing sentences in amparo: it is a maximizing vision that the author considers to be fundamentally correct. At a second and third level, with different degrees of specificity, it proposes a particular constitutional reading for the revision of the case at hand. On this count and given the relevant historic-constitutional context, the article celebrates the Court's willingness to counterweight free speech with antidiscrimination-based considerations, though in terms of the sub-rules of decision used to pin down the general reading it identifies both successes and failures.     

¿Por qué prevalece el estado de derecho? una aproximación comparada a las explicaciones centradas en la cultura de la legalidad

The objective of this paper is to analyze the relation between the concept of the Rule of Law and the culture of legality from a compared approach in order to establish the scope and limitations of explanations that are based in cultural factors. More specifically, we are interested in comparing the scope and limitations of culture-based explanations on why the Rule of Law prevails in certain countries: these explanations are centered in the construction of wide agreements between social actors and the control by civil society. Also we consider equally important the comparing of different definitions of culture of legality and the strategies and instruments that allow its construction. For this purpose we will center, specially, in the experiences of Hong Kong, Palermo and Bogotá.     

Retrospection and perspective: Chinese criminal procedure law (1979–2009)

The Criminal Procedure Law was promulgated 30 years ago, which is an important starting point for the construction of Chinese Criminal Procedure Law system, and its first amendment in 1996 further adapted to the demand of democracy, the rule of law and social reforms, which might be viewed as a milestone in the history of Chinese criminal justice though the core issues here had not been thoroughly solved. Thereafter, three inherent defects remain in Chinese criminal justice, for which China has also taken initiatives to further amend the Criminal Procedure Law. However, there are various challenges and dilemmas in further amendments to the Criminal Procedure Law, including lack of a constitutional basis, lack of complementary judicial reforms, departmentalism in legislation and restraints of traditional ideas. The orientation of reforms shall be further improvement of the adversary system, focusing on complying with international conventions and coordinating with the results of the institutional reforms of justice in China.     

Integración de las autoridades electorales: (re)construcción jurisdiccional de un derecho por el tepjf

This article offers a diagnosis about the jurisdictional protection of the right to be a member of the local electoral authorities, which was included on the law since the 2008’s electoral reform. It presents also, an explanation of the different judicial mechanisms to control the processes of renovation of the electoral authorities that exist in the states. The objective of this essay is reconstruct the content of this right, throughout the sentences of the Electoral Court, but also, question the argumentations that the electoral judges have used to solve those cases. Practically, no work in the mexican literature has been written about the right to be a member of the electoral authorities, and that´s why this article represents a first outline to understand this topic.     

Father–child relations in France: Changes in paternal authority in the nineteenth and twentieth centuries

The history of fathers is one of the most suggestive lines of inquiry for understanding adolescents. The power of a father over his children, whether minors or those that had reached their majority, is a simple power, but one that became more complicated. The article assembles the elements needed to illustrate major trends in the long history of paternity. The adoption of the Civil Code in 1804 marked the triumph of a patriarchal system. More than 150 years later, the law of January 4, 1970 abolished paternal authority and replaced it with parental authority. Now, the father could only share parental authority with the mother on the strict condition that he is legally married to her. This seems like a linear movement, but it should be noted that it follows an earlier similar shift.     

Treatment as punishment: Forensic psychiatry in The Netherlands (1870–2005)

This article provides an overview of the development of forensic psychiatry in the Netherlands from the late nineteenth to the early twenty-first century. The first part addresses the ways forensic psychiatry established itself in the period 1870–1925 and focuses on its interrelatedness with forensic practice, psychiatry's professionalization, the role of the government, the influence of the so-called New Direction in legal thinking and (Italian and French) anthropology of crime, and the debates among physicians as well as between psychiatrists and legal experts on the proper approach of mentally disturbed offenders. From the mid-1920s on the so-called ‘psychopaths laws’ anchored forensic psychiatry in the Dutch legal system. The second part zooms in on the enactment of these laws, which formalized special measures for mentally disturbed delinquents. These implied a combination of sentencing and forced admission to and treatment in a mental institution or some other form of psychiatric surveillance. The article deals with the meaning, reach and consequences of this legislation, its debate by psychiatrists and legal experts, the number of delinquents affected, the offenses for which they were sentenced and the (therapeutic) regime in forensic institutions. The goal of the Dutch legislation on psychopaths was ambiguous: if it was designed to protect society against assumed dangerous criminals, at the same time they were supposed to receive psychiatric treatment to enable their return to regular social life again. These legal and medical objectives were at odds with each other and as a result discussions about collective versus individual interests as well as about the usefulness and the effects of this legislation kept flaring up. To this day the history of this legislation is characterized by the intrinsic tension between punishment and security on the one hand and treatment and re-socialization on the other. Whether at some point one or the other prevailed was largely tied to the social climate with respect to law, order and authority.