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Cadres et bases de la vie économique et sociale
In: Collection d'enseignement agricole
QUELQUES OBSERVATIONS SUR LA LEGALITE SOCIALISTE
In: International social science journal: ISSJ, Band 12, Heft 2, S. 238-246
ISSN: 0020-8701
The discussions at the Warsaw conference concerning socialist law had indicated to Western jurists that if the law is indissolubly linked to democracy, it can appear in various guises, & can differ in content from 1 democracy to another. If bourgeois law & socialist law have many points in common, esp in those aspects concerned with the connection of law to the rights of man & with the protection of subjective rights, there are still important diff's between the 2. These diff's have their origin in the econ & soc structure which provide the nature of rights, in the conception of civil rights & in the system of guarantees. Tr by J. A. Broussard from IPSA.
L'adage "Nul ne peut se faire justice à soi-même", en général et sous l'angle particulier du droit du travail ; The Adage "No One Can Exercise Justice for Themselves", in General and from the Particular Angle of Labour Law
Often presented as a rule, this axiom or adage in reality is simply a gloss, in other words, a commentary by a lawyer and not a legal rule. To turn it into a legal rule, it would be necessary that the law punish acts of private justice even when they only use means lawful in themselves. Souvent cité comme une règle, cet adage n'est en réalité qu'une glose : commentaire de juriste, et non règle de droit. Pour qu'il en soit autrement, il faudrait que le droit punisse des actes de justice privée même lorsqu'ils n'utilisent que des moyens licites en soi. ; Peer reviewed
BASE
LES PRINCIPLES DU DROIT DES LANGUES EN SUISSE
In: Res publica: politiek-wetenschappelijk tijdschrift van de Lage Landen ; driemaandelijks tijdschrift, Band 4, Heft 3, S. 238-246
ISSN: 0486-4700
Law has hardly influenced the language problem in Switzerland; it merely recognized an existing situation when the gov admitted French, German & Italian as nat'l languages; in 1938, romansch was added, though it was not an official language. But plurilingualism is valid only on the federal level. In the cantons, the regional language prevails. Jurisprudence has decreed that all 3 languages are official; federal authorities speak in their own language, though only French & German are used in Assembly debates. Similarly, in the admin, bilingualism prevails. In differentiating nat'l from official languages, Switzerland wished to recognize the romansch community as an essential element of the state, having a certain autonomy, & which participates in federal life & respects certain rules in the linguistic relations among cantons. (See SA 1330-B4520 & B4523.) Tr & modified from IPSA by.
Règles et principes de droit international humanitaire applicables dans la guérilla
In: Revue belge de droit international: publication semestrielle de la Société Belge de Droit International = Belgian review of international law = Belgisch tijdschrift voor internationaal recht, Band 7, Heft 2, S. 505-539
ISSN: 0035-0788
DE LA SOCIOLOGIE JURIDIQUE
In: Res publica: politiek-wetenschappelijk tijdschrift van de Lage Landen ; driemaandelijks tijdschrift, Band 9, Heft 4, S. 605-620
ISSN: 0486-4700
An essay on juridical aspects of sociol, based on an examination of the relevent literature, Agreement is voices with the view of G. Gurvitch that juridical sociol is the full sci of law & that it includes what has been called the philosophy of law, as well as the general theory of law, juristics, juridical phenomenology, juridical deontology, etc. It does not, however, include juridical logic, which is one of the formal types of logic. Nor does it include juridical & judiciary psychol, which may, however, serve as its auxilliary sci's. Practical res themes of juridical sociol include: the teaching of law; the genesis & evolution of laws; knowledge of & respect for law; egoistic & altruistic aspects of legal relations; private & collective property, etc. I. Langnas.
Le régime juridique des terrains à destination agricole dans le droit de la République socialiste de Roumanie
In: Revue de l'est: économie, planification et organisation : etudes comparatives est-ouest, Band 1, Heft 1, S. 129-141
ISSN: 2259-6097
The juridical system concerning agricultural lands in the law of the Socialist Republic of Romania.
The role of land as a mean of production depends on the different objectives it is given. A particular juridical system of protection must correspond to each of its purposes in order to avoid too serious wastes.
This problem arose in Romania especially as regarding agricultural lands and new regulations have been introduced with the enactment of the law n° 12 (May 14, 1968) on protection, conservation and utilization of agricultural lands.
The author begins with analyzing the various provisions of the law :
1) provisions aiming to prevent the decrease of agricultural surface ;
2) measures aiming to increase agricultural surface ;
3) provisions aiming to insure a rational utilization of agricultural lands ;
4) provisions aiming to subordinate any change in utilization or possession of agricultural lands to the control of the appropriate state organizations ;
5) the juridical nature of the sanctions falling within the scope of the law in case of violation of the legal provisions mentioned above.
Then the author analyses some normative acts which regulate the right to use agricultural lands according to whom they belong (State, cooperative organizations or any other social organization, private persons) and concludes by showing why the law n° 12 is doubly interesting : first several legal provisions previously dispersed in many normative acts are now combined in a single text and better adapted to the present state of development of Romania ; second this law allows the future elaboration of a land code.
Kvinnofrågan i Sverige 1809-1846: studier rörande kvinnans näringsfrihet inom de borgerliga yrkena
In: Kvinnohistoriskt arkiv 2
In: Scandinavian University Books
Étude de la substitution nucléophile aromatique. II. Cinétique de la réaction du chlorure de picryle avec l'imidazole et schéma réactionnel de l'action des amines sur les chloro-nitro-arènes
In: Bulletin de la Classe des sciences, Band 56, Heft 1, S. 1047-1063
Picrylchloride (CP, on mole) reacts quantitatively with imidazole (IA, two moles), in CHC13 as solvent, giving N-picrylimidazole (PI, one mole), as it was already mentionned in the first paper of this series.
This system (CP-IA) does not follow a simple kinetic law : it has been observed that at relatively low concentration in IA ([IA] = b ; [CP] = a. ml-1) the apparent second order rate constant, k'2, depends linearly of b(k'2 = k2o + k3b, if b = 2a) ; at relatively high concentration (b > 20a), on the contrary, k'2 is independent of [IA], being a true second order constant
(k'2 = k2).
Now considering the whole body of our experimental results, relatively to the systems of DNCB-Amines, CP-Amines (first paper), and CP-Imidazoles (this paper), taking also in account the fact that a foreign base (diaza-bicyclo-octane) does not affect the reactivity of the formers, while it accelarates the last, which is also sensitive to the catalysis by the solvent (CHCl3), we developed a reaction scheme consisting of two steps : both reactants (A and B) generate an intermediate (Z), which decomposes in the products. As to the concentration of Z, the kinetic law is based on the steady state treatment which conforms to the experimental equation. The difference in behaviour of the various systems can best be explained in terms of structural differences of Z.
L'évolution des assemblées représentatives dans la Tchécoslovaquie contemporaine
In: Revue de l'est: économie, planification et organisation : etudes comparatives est-ouest, Band 1, Heft 2, S. 97-133
ISSN: 2259-6097
Evolution of Parliamentary Assemblies in Contemporary Czechoslovakia.
The Parliament has been since 1948 the supreme organ of State power in Czechoslovakia. At the local level, the elected « national committees » represent the most important organs of State administration.
During the « dogmatic » period, the importance of parliamentary assemblies is less than is foreseen by the constitutional and legislative texts ; it is considerably below the authority given to leading organs of the Czechoslovak communist party. The XX-th Congress of the communist party of the Soviet Union showed however, that economic problems, particularly the progressive failure of the system of central management, played a decisive role in the ideological, political and institutional process which started in the 60-ties.
The Constitution of 1960 and the constitutional Law of October 27 th, 1968, introduced a federal system governing the Czech and Slovak republics and represented an attempt to find a constitutional model which corresponded closely to national realities without rejecting socialism. The objective of this new model is to combine parliamentary with direct democracy. Several techniques are developped with aim to bring into closer contact the administration with the administrated, the authorities with the citizen.
The most significant evolution since 1960 however, is the progessive reinforcement of the parliamentary assemblies, which seem to slowly regain that preeminence which they already enjoy from a legal standpoint.
This shift from formal to actual power is caracterised by two interdependent movements :
— growth of authority stemming from the improvement of the rules governing recrui- tement of deputies and from the extension of their legislative and political competences (a number of electoral laws, the last of which was passed in 1964, attribute more importance to elections which had been traditionnally relegated to a second place in People's democracies) ;
— growth of their efficiency due to the adoption of new rules of parliamentary work (the assembly « committees » are assisted directly by the services of experts and by the administrative State apparatus and actually try to participate in the elaboration and execution of general policy).
These trends are evolving in a very complex environment and are far from stable. The policy made after January 1968 and following the events of August of that same year, provoked in the institutional life of Czechoslovakia, phases of precipitation followed by slowdowns in some sectors. It seems however, that in spite of powerful obstacles which continue to exist, parliamentary assemblies can become, in a not distant future, the most important organs of the Czechoslovak State socialist system.