Les professionnels du droit comme acteurs du politique : revue critique de la littérature nord-américaine et enjeux pour une importation en Europe continentale

For many years, North-American social sciences have been analyzing legal professionals as political actors, while in Continental Europe the relationship among law, politics, and society has remained under-examined. At the moment, a central project for US sociolegal studies is exporting to other political and legal contexts hypotheses previously tested inside US borders, raising the question of the generalizability and/or the globalization of US socio-legal analyses. After briefly describing why social sciences have been focusing on law and social changes in the United States, this article aims to determine what prerequisites are necessary for exporting sociolegal studies outside the US, devoting particular attention to historically contingent —and nationally-distinct— relations between law, political power and the social sciences.     

L’intergouvernementalité en reconstruction : le cas du Mexique

Since the 1930s, Mexico has had a dominant party, the Partido Revolucionario Institucional; and, despite the country’s federal constitution, decision-making has been so centralized that few powers have been left to the states. Recent attempts to break with this tradition and decentralize educational, health and welfare policy from the federal level to the states and big cities are examined. Three trends might unfold in the future: the establishment of an effective, multicentered decentralization; a surface decentralization without any real impact; or the fragmentation of policies and their impact. The foreseeable consequences of these three possibilities come under discussion. — Special issue: Latin America.     

Retour sur le « secteur informel ». L'économie du Katanga (Congo-Zaïre) face à la falsification de la loi

In the social sciences, the idea of an informal sector has been criticized more for the classification of economic activities in two separate sectors than for the labeling of them as “formal” or “informal”. In the Congo (formerly Zaire), the use of such labels is ambiguous. Labeling has to be understood in the context of corruption, i.e., in a transaction involving the personal networks and social identities of the parties to it. An analysis is made of how such transactions with civil servants shape the local market in the case of the import trade in Katanga. Compared with the formal/informal cleavage, this approach enables us both to see the labeling of economic activities as a social and political process and to draw attention to the plurality of such practices in relations with authorities.     

La constitution d'une élite du Welfare dans la France des années 1990

A neo-elitist interpretation of the relations between the governmental and administrative elites helps us understand new power relations at the top of the French state. Light is shed on the formation, during the last twenty years, of a “welfare state elite”, which has arisen around decision-making in the social service sector. An analysis of changes in social policies shows how an elite that has shared the same purposes in collective action has gradually asserted its identity as a group. With a very coherent view of public policies and of relations with the authorities exercising oversight (Cour des Comptes, IGAS), this elite has proven capable of exercising a strong influence over policy-making. Its institutionalization is corroborated by the long careers in this sector that lead to controlling professional know-how. In brief, a unified elite has arisen that might well leave lasting marks on the future of the French welfare state.     

Les émeutes urbaines de l’automne 2005 : cadres d’analyse et points aveugles de la sociologie française

Sociological interpretations of the suburban riots in France during the autumn of 2005 have been the subject of many a comment. This critique places the more original interpretations in the context of the unstated paradigms adopted by “understanding” authors, who have sought to provide a meaning to persons whose actions were supposedly deprived of it. There is a flagrant need for studies of how the crisis was globally managed with respect to local events - as if the persons involved in regulating the riots were not as worthy of study by sociology. Case studies are emerging to fill this need that have more awareness of the interactions between parties during these events.     

L’économie de l’attention : entre protection des ressources cognitives et extraction de la valeur

This general survey of the economics of attention presents the major theoretical models for exploring the mechanisms for “allocating” attention in an economy where it is a scarce resource. Writers have emphasized various means for attracting attention: the recognition, relevance, style and power of the emitter of information. The economics of attention subjects parties on the Internet and in the electronic media to two apparently opposite rationales. The first seeks to protect the attention of users from an information overload and improve its allocation. The second seeks to capture, for firms, the attention of customers or audiences in order to make money from it. Reconciling these two approaches is a challenge for innovation and an asset for competing in the digital economy.     

Crise de la rationalité industrielle et transformations de la prescription. Une étude de cas

Studies of industrial rationality should be reconsidered given the thoroughgoing changes under way. We have switched from a Taylorist rationality based on Scientific Management, which claimed to fit production into a single viewpoint, to a dissemination of the sources of the directions to be followed and an overall destabilization of any attempt at rationalization, and as a consequence, to a looser sense of rationality even among engineers. But this does not at all benefit wage-earners. Often without bearings, they have to cope with instructions; but have a harder time doing so whenever their organization provides them with few tools for coping and whenever the instructions, or part of them, are contradictory.     

Écrire la loi. Un travail de bureau pour hauts fonctionnaires du ministère de l’Écologie

This article analyses the process of the drafting of the Bachelot Bill on technological risks, passed on 30 July 2003 but initiated by Lionel Jospin's government immediately following the AZF factory disaster in September 2001. It focuses on the practical work of the civil servants at the Ministry of Ecology responsible for setting the orientations of the reform, transcribing them into legal provisions and ensuring that they would be supported and passed in Parliament. The analysis approaches the task by tracking both the successive versions of the bill and the multiple documents used in the preparation of these versions. This immersion in the administrative production of law provides a better understanding of the relations between the civil service and the political authorities, and shows how the boundary between these two worlds of practice is difficult to draw in the legal drafting process.     

Des corps étrange(r)s dans la police ? Les policiers minoritaires à Paris et à Berlin

Fieldwork in police stations in the Parisian region and Berlin is used to comparatively analyze how the assignment of identities shapes the occupational experiences of police officers recruited from among visible minorities. The processes for constructing and deconstructing the positions of minorities take place through negotiations during interactions among colleagues. They also depend on the institutional context. The stance of “denial” adopted by the French staff opens the way to tensions between officers from visible minorities and the others, whereas interventions by superiors in Berlin reduce the room for conflict while assigning a cultural identity to police officers recruited “from immigration”.     

Les transferts de fonds et leur effet sur les indicateurs du marché du travail: illustration par le cas mexicain

L'effet des envois de fonds sur les indicateurs du marché du travail est abondamment traité dans la littérature, à partir de microdonnées en général. Les macrodonnées, plus rarement utilisées, posent un problème d'endogénéité lié aux corrélations possibles de la variable relative aux transferts. Dans cette analyse, fondée sur des données de panel relatives au Mexique, les auteurs cherchent à contourner le problème en utilisant un estimateur GMM en système. Ils montrent que les envois de fonds élèvent les taux d'activité tout en réduisant le nombre des heures travaillées, la fréquence de l'emploi «critique» (c'est‐à‐dire de mauvaise qualité) et la durée des épisodes de chômage.     

La clôture comme seule protection ? Syndicats du spectacle et marché du travail dans l’entre-deux-guerres (1919-1937)

The case of performers in the entertainment industry during the period between the two World wars serves to test the hypothesis of a monopolistic closure, as workers try to improve their lot by restricting access to the labor market. In line with the predictions of this hypothesis in the sociology of professions, actors and singers did try to close the labor market by instituting a “professional card”. Contrary to expectations however, labor organizations of musicians sought to control pay scales and jobs by opening the market so widely that anyone entering it joined the organization. These two different strategies affected these groups’ identities by drawing legitimate boundaries and influencing the nature and degree of solidarity. Beyond these strategies, two prospects for emancipation contrast with each other: the professional one of an exclusive group among performing artists on stage and in song, and the wage-earning one of an inclusive group among musicians.     

La répartition régionale de la prime aux qualifications en Chine urbaine: implications sur la croissance et les inégalités

Les auteurs observent que la prime aux qualifications a augmenté dans toutes les régions de Chine entre 1995 et 2002, mais seulement dans les régions côtières entre 2002 et 2007. Ainsi, ces régions présentent de plus fortes inégalités salariales, notamment en zones urbaines. Si les privatisations ont été la première raison de la montée de la prime aux qualifications entre 1995 et 2002, entre 2002 et 2007 cela a été l'intégration, inégale selon les régions, à l'économie mondiale. Réduire cette prime et les inégalités suppose de réformer le système du hukou qui fait obstacle à la mobilité de la main‐d'?uvre, donc à la croissance.     

Réinterroger la relation entre école et mobilité sociale. Le cas des enfants d’agriculteurs et d’ouvriers dans l’Ouest

Till now, the relation between schooling and social mobility, a classical question in the sociology of education, has been approached through analyses of a structural sort, either by focusing on the functions that schools are supposed to fill or by adopting the timeless model of neoclassical economics. This approach does not examine all possible relations between schools and social mobility; nor does it see these relations in terms of a process. A study of the scholastic biographies of the children of farmers and workers in western France renews our conception of this relation. It shows that this relation mainly stems from a combination of quite heterogeneous elements, which we glimpse in these biographies.     

La barrière et le plafond de vitrail. Analyser les carrières féminines dans les organisations religieuses

Research conducted mainly in the United States and France on how ordination works like a barrier to the feminization of religious staffs in various Christian and Jewish organizations has brought to light factors for distinguishing several cases: women either gain formal access to religious offices, or informally exercise religious duties, or are barred from religious offices. The second part of this article examines the level in these organizations where this barrier has been lifted, in particular the dissymmetries between men's and women's careers. Emphasis is laid on comparisons with other professions, since similar processes operate underneath the religious sphere's apparent differences, as reflected by the phrase “stained-glass ceiling”.     

Pour une approche sociologique de la comptabilité Réflexions à partir de la réforme comptable chinoise

Based on research on state-run companies in China, the reform of Chinese accountancy is examined so as to show the advantages of a sociological approach to accounting. How can bookkeeping interest sociologists? First of all, it has come out of struggles between various parties and addresses social issues. Secondly, it conveys models of reality, in particular of what is and is not a firm. Thirdly, it produces history in that it shapes economic practices and expectations. Finally, there is a high degree of coherence between the bookkeeping system, the form of a firm, the operation of the economy and the management of social questions. These various points turn accountancy into a legitimate subject of study for sociology and provide an interesting approach to analyzing broader phenomena and processes.     

Gérer la qualité de l’eau : singularisation, évaluation et régime de gouvernement

The April-June 2002 issue of Sociologie du Travail opened its pages for a discussion of the question of quality. Authors highlighted two mechanisms: “identification/singularization” (a sociotechnical process of co-constructing the quality of goods and services) and evaluation (a process of building up confidence so as to do away with uncertainty about the quality of goods and services). Can these two processes be analyzed together? If so, how to understand their interactions? As the example of managing the water supply and wastewater shows, jointly analyzing these two processes helps us understand the work of “qualification/requalification”. The relation between singularization and evaluation is clarified by introducing the notion of a “regime of government”.     

Scriptes de la démocratie : les sténographes et rédacteurs des débats (1848-2005)

The history and sociology of a special group of civil servants are presented, namely: stenographers in parliament, an occupation closely tied to the history of parliamentary government in most democracies. During the xixth century, French stenographers proposed their services to legislative bodies. They tested and validated their theoretical systems and know-how while promising to contribute to a much higher public good: the publication of parliamentary proceedings, a necessity for defining and developing democracy. Following a system for recording proceedings that was close to the British liberal model, a corps of stenographers was established in 1848, and then again under the Third Republic-without interruption up till 2004. The duty of these civil servants was to produce the full, official account of parliamentary proceedings, which would serve as proof for the press and for history. Based on original material drawn from sociology and history, this inquiry seeks to see how institutions are shaped, produced and reproduced through the knowledge and deeds that incarnate values and shape institutions. Besides the publication of parliamentary proceedings, the technical, material and social conditions are discussed that led the National Assembly to become a political institution.     

Dénoncer en justice les discriminations syndicales : contribution à une sociologie des appuis conventionnels de l’action judiciaire

This article examines the rise in court cases relating to discrimination against trade union workers in France since the late 1990s. It seeks to identify sources of support for victims of discrimination to help them file complaints before the Courts. The judicialization of union-related discrimination cases was made possible by a new discourse that links the recognition of individual merit and the common cause of re-unionization. The development of a special method of proof and the specialization of certain union actors and lawyers have helped make legal action against discrimination routine. But the historical roots of this strategy raise the question of how it can be applied to workers in secondary labor markets, particularly precarious workers.     

Brèves réflexions sur la reconnaissance d'un « droit à la différence alimentaire » dans le commerce international

We repeatedly hear that the World Trade Organization's rules (modified in 1994 to reinforce the principle of worldwide free trade) tend to inevitably uniformize culture in food, among other things. Whether in the case of bovine growth hormones or genetically modified organisms, WTO rules will ultimately impose a single food model as a universal reference mark. In France, these ideas crop up in talk about malbouffe (bad eating) and calls for a return to democratic choices or for instituting a fundamental “right” to freely choose food habits. Even though such talk has sometimes confused the issues, it has shed light on how the food question is presented in international trade. Increasingly, the issue is to defend national or regional values, or even choices about the type of society. What place do WTO rules reserve for these values ? Under what conditions can such values justify exemptions from free-trade rules and, ultimately, the maintenance of a “right to food differences”? As the European Union is thoroughly changing food legislation in line with its own concepts - the precautionary principle, the plurality and independence of procedures for evaluating foodstuffs, the well-being of animals, etc. - the answers provided to the foregoing questions will be decisive. - Special issue on Agriculture and food.