论解雇理由的司法规制——来自法国最高司法法院判例的启示

雇主和雇员之间的实质性不平等地位揭穿了解雇和辞职之间的表面上的对等关系。现代劳动法要求保证雇员的辞职自由,限制雇主的解雇行为。因此,解雇必须证明其理由。在这个问题上,我国法主要是采取了列举式立法,而法官的司法创造功能则受到限制。与之相反,法国法则采取了概括式立法与法官个案判断相结合的方式,发展了一系列的判例,从而逐步地确定了解雇理由的类型。法国法的模式可以使得法律与社会之间的紧张能够不断地通过司法判例而得以消除。     

Terrorism and revolutionary violence: the emergence of terrorism in the French Revolution

Accounts of terrorism, which locate the emergence of the concept in the French Revolution, tend to accept two premises. First, they assume that the concept of terrorism names a particular form of violence. Second, they regard Robespierre as the first practitioner of terrorism, thus suggesting an understanding of the term as state violence. While this article substantiates the second premise by way of a discussion of the first systematic articulation of terrorism by Tallien in 1794, it problematises the first premise through an examination of archival evidence from the period between 1794 and 1797. By identifying a variety of conceptual uses of terrorism as a form of government, political philosophy and political identity, I argue for an expansion of the conceptual space within which terrorism is primarily understood as a form of violent action.     

Farm transmission and the commercialization of agriculture in northern Maine in the second half of the 19th century

The transition to capitalism has been one of the most discussed issues in the historiography of the rural United States in the 18th and 19th centuries, but the typology, and the “market revolution” construed upon it, are problematic. The article explores some of these problems by examining the commercialization of eastern Canadian agriculture, which was a prolonged process starting in the beginning of the 19th century in the St. Lawrence–Great Lakes axis and ending during the 1960s in the outlying parts of Quebec, Ontario, and the Maritime Provinces. It is difficult to identify clear trends in the numbers yielded by evidence from this region for the time period in question. Highly commercial farms were more likely than the others to transfer all their property to their children. Deficit farmers were much more likely than the others to transfer all their property to outsiders. But the data do not support the view that farmers who were keen on turning their farms into moneymaking businesses adopted property transmission practices that were markedly different from the others. And before the 1830s, there was really no need to have strategies in place because land was plentiful.     

The French population censuses: Purposes and uses during the 17th, 18th and 19th centuries

From the mid-17th until the beginning of the 20th century, French censuses became increasingly more frequent and organized. This article focuses on the purposes of the first censuses (military), how the population was conceived of, and what variables were collected. The main characteristics of included individuals, the data considered important during each period, and the major categories chosen are examined. Also included are the evolution of reasons for knowing the precise age of individuals and how age groups were standardized because these aspects are closely linked to census operations. Finally, we will see how censuses have been used to obtain an overview of the population and, during the 19th century, how they were central to the discussion of the decline in fertility and, more generally, the changes occurring in the French population. How each new question led to the invention of a new variable and how data were presented is also examined.     

Early marriage in pre-modern France

In France, from the end of the seventeenth to the beginning of the nineteenth century, despite noticeable age fluctuations, most subjects of the French kings entered into matrimony well beyond the age of puberty. In the present article, females marrying when under the age of 20 will be considered “precocious,” following the principle that early marriages not only fell outside the result of normal distribution but were a forceful expression of the marriage behavior peculiar to certain couples. The analysis sought to determine whether these exceptional unions were idiosyncratic or whether they reflected rational conduct that could be generalized. Certain features stood out, without any single one being decisive because of the relative weakness of the differences observed. The daughter who married young was often well-born and literate. Coming from the South, she was more frequently found in data from the nineteenth rather than the eighteenth century. Her husband was also young and had grown up not far away from her. She had a mother and a mother-in-law who had been young brides and at least one sister who had married young. As the youngest of a large family, she often had lost her father.     

Identities in a ‘fragmegrated’ world: black cyber-communities and the French integration system

Constrained by racism and increasing white ownership of the music industry in the United States, African-American jazz drummer Kenny Clarke exited the New York jazz scene for Paris in 1956. Clarke's migration not only represented social freedom but also creative freedom. Through his mentorship of French artists and his work to universalize jazz beyond the authority of just African-American musicians, Clarke signified blackness and Europeaness. In the process of his migration, musicianship and mentorship, Clarke used jazz to meld African-American culture with the music, culture and socio-political concerns of European musicians and fans. This paper argues that even though he was not born in Europe or colonized by European countries, Kenny Clarke and other exiled African-American artists offer an alternative narrative to the negotiation between being black and European.     

The French Constitutional Law of 23 July 2008 as seen by MPs: Working or Talking Parliament?

The French constitutional law of 2008 is, with the modification of 47 articles, the most important revision of the Constitution of the Fifth Republic, at least in quantitative terms. Surprisingly, there have been few attempts to evaluate the effects of the reform, whose official aim was to improve the status of the role of the (traditionally weak) French parliament. The purpose of this contribution is to analyse how MPs themselves judge this reform and its effects, especially on the role of the parliament and its everyday work. To do so we make use of the data of the LEGIPAR research project (September 2009–January 2011): 227 MPs answered closed and open questions about their perception of parliamentary work in face-to-face interviews. The data of the project DEPASTRA (2005–6) allow for a comparison with MPs' positions before the vote of the constitutional revision of 2008.     

一门大炮:由议会转向政府——论法国宪法委员会功能的演变

二战之后,法共等左派一直在议会中属于多数派,但左派在政治上始终处于被动地位,法共和社会党支持的宪法草案在1946年6月的全民公决中遭到否决。为及时通过第二部宪法草案,宪法委员会制度得以创设。但整个第四共和期间,宪法委员会仅履行一次职能。1958年戴高乐临危受命,为限制议会地位,加强了宪法委员会的权力,被称为“一门对准议会的大炮”。第五共和初期,宪法委员会活动范围有限。自1971年结社自由案和1974年宪法修改后,违宪审查的范围和基准都扩大了,逐渐成为人权和自由民主基本秩序的维护者。这个经验主义的做法或许对推进我国违宪审查制度有所裨益。     

法属印度支那税收体制特征剖析

税收是法国在印度支那推行的殖民经济政策的重要组成部分。本文梳理了法国海军殖民地部的部分税务档案,认为法属印度支那的税收体制具有如下基本特征:税收名目多,税额重;在直接税征收上一直推行“集体纳税人”制和包税方式;在间接税征收上长期奉行以鸦片和盐酒专卖税为主的政策。这一具有浓厚殖民主义色彩的税收体制是法属印度支那畸形单一经济结构形成的主要原因之一。     

海洋保护区治理的制度分析——以法属波利尼西亚莫雷阿的海洋区管理计划（PGEM）为例

海洋保护区在过去十年迅速增长。事实上，封海洋保护区治理的分析显示不同保护区的管理模式和行政模式差异很大。而且为了实现某种目标，他们采取的具体措施也绝然不同，这些状况是由它们的历史、社会和经济环境，以及它们的法律和制度框架决定的。通过法属波利尼西亚莫雷阿海洋保护区的海洋区管理计划的案例，本文提出了一个制度分析方法，这个分析方法描述了海洋保护区的管理特点，同时对这些具体措施进行分析可以封治理质量做出整体评估。