Suchergebnisse

The study by the Société Générale des prisons (Société Générale des Prisons), a place where discussions on penalties were produced at the end of the nineteenth century, a learned mid-century, a semi-parliamentary committee, the privileged territory of this important socio-professional group, namely lawyers, makes it possible to embark on a reflection which attempts to trace the genealogy of social construction, and is intended to contribute to the history of knowledge and their social practices, and wonders about attempts to reproduce relations between the State and civil society through this particular and complex prism, the world of justice, order and disorder. This project is also part of a general research approach which aims, on the basis of criminal law, to contribute to the analysis of the socio-political methods of drafting law and to the analysis of the role of knowledge and of what they make up in the social strategies in use, and to focus on the social processes, which are complex policies in this third Republic. The criminal object is generally practised or dealt with in the context of assigning knowledge of the criminal offence, which makes it possible to identify it. There is a reversal of prospects here: criminal law is becoming a research object which introduces, in a privileged way, policy analysis and social analysis. ; L'étude de la Société générale des prisons, lieu de production des réflexions sur les pénalités à la fin du XIXème siècle, mi-société savante, mi-commission extra-parlementaire, territoire privilégié de ce groupe socio-professionnel important que sont les juristes, permet d'entamer une réflexion qui tente de retracer la généalogie de la construction sociale du fait criminel, se veut une contribution à l'histoire des savoirs et de leurs usages sociaux, s'interroge sur les tentatives de recomposition des rapports Etat-société civile à travers ce prisme particulier et complexe qu'est le monde de la justice, de l'ordre et du désordre. Ce projet s'inscrit également dans une ...

Administration and the Principle of Legality.
As in any System governed by the rule of law, the administration in Germany is obliged to abide by the principle of legality. The application of legal norms which are binding upon the administration (such as the Constitution, EC Law, statute law, general principles of administrative law, administrative regulations and customary law) are often complex, given the specific nature of administrative activity. Moreover, the principle of legality is faced with new challenges linked to the emergence of new enquiries into the capacity of law to regulate activity.

Administrative Law facing Diversification of Administrative Activity

At university teaching administrative law is mainly oriented towards general principles whereas specialized study fields which can be linked to it (environment, town-planning, education...) are often not taught due to lack of time. The general principles of administrative law do not represent a codified body. This leads to diverging interpretations. The most recent one is rejecting the distinction between public law and private law and tries to find the specificities of law as applied to administration rather than to define its content in order to establish a corpus of rules. Administrative activity has been considerably diversified, using other methods than authority decisions : contracts, general administrative directives... Recently an act on administrative procedure has been adopted by parliament, which officialised amongst others the mechanism of administrative directives. This illustrates a more pragmatic approach to administrative law.

To ask oneself whether sociology of law is really a science leads unavoidably to the following questions : what is the definition of this discipline, what place is assigned to sociology of law within the general theories of law and of society, and what are the limits of its object. One of the main difficulties of sociology of law, when compared to natural sciences or even when compared to other sections of sociology, is a matter of definition of the object of the study of law because of its uncertain boundaries and of cultural fluctuations. According to the author, there is no general, universal sociology of law ; sociology of law can only be « a science of small and middling findings, and of middle range theories at least in the short run ». He proposes a general framework for the social study of law in Western countries and groups the contents of the discipline under three main headings : the analysis of social forces which produce or influence the legal system, the analysis of the operation of the legal system itself and the analysis of the impact of law.

The Role of the Spanish Minister for Justice.
In Spain, the task of codification is conferred upon the General Commission on Codification. This Commission is composed of five services in charge of civil law, commercial law, public law, criminal law, and the law on procedure respectively. Its functions are variously to draft codes at the request of the minister for justice ; to revise existing legislation ; to write reports and deliver opinions upon legal questions raised by the government or the minister for justice ; and the technical and precise amendment of draft legislation.

Communication, the Law and the Citizen.
The Law in France has endured some serious discredit : first of all because of the mediocrity of the legal rules and the increasing number of laws, decrees and other legal texts ; secondly because of the evolution of society in general. There is a profound separation between the Law and the information that is given. Now is the time to grant the citizen the right to be informed on the state of the Law. It is imperative to instruct the different administrations on how to communicate and important to explain to citizens the extent scope of their rights ; it is also necessary to hear the demands of the citizen who are not only users of the Law but are also at the origin of the Law.

This Liber Amicorum has been written by prominent colleagues and friends of Professor of Public International Law and former President of the International Court of Justice, José María Ruda (1924-1994). The collection celebrates a lifelong career devoted to the promotion of public international law and dedicated to the furtherance of international organisations including the United Nations General Assembly, the Security Council, the International Law Commission, and the International Labour Organization. In addition Professor Ruda has played a prominent role in a number of international tribunals while also occupying important government and public positions, particularly in South America. The content of the collection reflects these broad activities of Professor Ruda, both in his academic and practical achievements. Contributions in English, Spanish and French cover the fields of international law, humanitarian law and human rights; international disputes, territorial sovereignty and maritime law; and the law of economic integration

Two Bodies of Law : An Essay on the Notion of Régulation.
Regulation (régulation) concerns practices which are ill-defined both on an empirical and on a scientific level. The law appears only to impose legal norms of an abstract and general nature, beyond which nothing seems to exist other than commentary upon, and interpretation of, statute law. It is believed possible, at this juncture, to demonstrate, not only that regulatory practices are identifiable at an epistemological level, which concerns neither the imposition of regulations nor questions of interpretation, but that they are laid down in positive law and respond to the requirements and conditions of what is the necessary modernisation of the administration.

In this paper, the task is to check why we do question the validity of a certain explanation of behaviour even if at the same time this explanation serves us as a frame of reference in our everyday professional research and action. We mean here the most trivial and, simultaneously, the most problematic explanation of behaviour in terms of legal rules. In general, the paper addresses the most important of theoretical problems in sociology of law, that is, does sociology of law have at its disposal a theory at all. In particular, as law of laws (LL) this explanation was selected as it seems to be of fundamental role for sociology of law in the whole.

The world has changed radically since 1989, when the General Assembly declared the period from 1990 to 1999 as the United Nations Decade of International Law. During that time, the international community claimed some major achievements as reflected by the adoption of conventions and treaties. This publication presents a collection of essays from legal advisers of States and international organizations, all of whom are among those committed to promoting respect for international law. Their contribution provides a practical perspective on international law, viewed from the standpoint of those involved in its formation, application and administration.

The purpose of the article is to discuss the general principles for a policy aimed at protecting fundamental human rights and satisfying human needs. Such a policy would place penal law in a subsidiary position in relation to constitutional principles (constitutional penal law) and guarantees (a minimal penal law). In order to place this project within the legal and sociological conceptual fields of the criminal justice and penal systems, the author critiques ideas relating to the social contract, community safety, criminal policy, penal effectiveness and integration of the fields of knowledge relevant to penology.