Les apories de la solidarité familiale Contribution à la sociologie des configurations de justice entre les familles et l’État, dans le cas français

Despite its many meanings, “solidarity” has once again become current in French to describe macro as well as microsocial relations. Social relations in and outside the family have not always been understood as instances of solidarity. But is this solidarity the same as the one established by the welfare state? Forms of family solidarity that have risen in esteem over the past two decades are “deconstructed”. The conditions for family solidarity are examined; and conceptual paradoxes, described. This approach suggests that family solidarity, as this concept is normally used, mixes together several systems of justice that should be clearly distinguished, especially if we want to put this phrase to a judicious social use.     

论网络监督重在规范运行

近年来,一场全民互动的网络监督把反腐斗争推向了高潮。利用网络反腐是对传统反腐形式不足的有益补充,但应该看到网络监督是一把双刃剑,在发挥效用的同时也难免会带来负面影响。通过立法等措施加强对网络监督的规范,是当务之急。     

Deleuze and the grandeur of Palestine: Song of Earth and Resistance

The article re-examines the Deleuzian concept of cartography and opens on the question of that race a fortiori minor called to philosophy and the constitution of an earth. Who are these people? Who are these people who, according to Deleuze, are missing? What is their name and what is their territory? The problem of minorities, “of the missing people”, analysed by Deleuze through Kafka finds a resonance and a quite particular affinity – and in this way a designation and a name – through the struggle of the Palestinian people; deterritorialized, “inferior, dominated, always becoming”. Deleuze’s pro-Palestinian engagement in no way manifests a rupture between philosophy and politics, but establishes itself as the essential correlate of a philosophically dynamic, creative and resistant reflection whose tenor has been constantly written into the realm of politics. After nearly 30 years, Deleuze’s pro-Palestinian positions are today the object of severe criticism, if not a cabal, launched by Eric Marty and Roger-Pol Droit, who aim at exhuming Deleuze’s philosophical corpus in order to extract from it a so-called “anti-Semitic complacency”.     

Le syndicat des travailleurs domestiques de Rio de Janeiro : un observatoire des transformations de l'emploi domestique au Brésil

This study of the major dimensions of actions undertaken by the labor union for household employees in Rio de Janeiro shows how the new “social rights” extended to these personal service workers has led to a new sense of what is “fair” and to an increase in lawsuits with employers. Given its place in labor relations courts, the union's position is ambivalent. Light is shed on the tensions between various categories of persons who visit the union's offices — tensions that tell us much about social relations. Attention is then turned to this small organization's role in labor courts: after cases have been heard, household employees often have a feeling that their rights have been upheld.     

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.     

Au-delà du conflit et de la négociation ?

Since the creation of Sociologie du travail, the importance and forms of conflicts and of negotiations have changed. Nor are the stakes still necessarily the same. Given the emergence of new players in public movements and of new strategies in social protest, it is worthwhile reviewing the ideas of “conflict” and “negotiation” in the light of the forms of circulation between different universes (government, labor unions, employer organizations, associations). Though a topic of debate, the law's place in labor relations has special importance with regard to these two ideas.     

追续权制度的几个基本问题探析——以《著作权法》修改为契机

正在修订过程中的《著作权法》修改草案在我国首次规定了追续权制度。在正式引入追续权制度之前,有必要对追续权的性质、主体、客体、权利内容进行研究。从性质上看,追续权不属于著作权的一项具体权能,但考虑到追续权与“作品”的联系,应将追续权纳入《著作权法》中。从主体上看,追续权的权利主体应为作者或者其继承人、受遗赠人,追续权的义务主体应为作品原件出售人,参与作品原件交易的受让人或中间人承担不真正连带责任;从客体上看,追续权客体应限于美术作品原件和建筑作品设计图、模型的原件。此外,追续权的权利内容包含了精神权利和财产权利两种权能。     

美国追续权制度：立法演进与理论解说

美国追续权制度的争论从20世纪40年代至今已逾70年,除了3个州通过了立法以外,其他州以及统一的联邦立法仍在争议之中,其中对追续权制度的立法必要性及可行性的质疑是美国立法脚步缓慢的根本原因.我国应在充分论证追续权制度的立法必要性及可行性的基础上再做出相应的立法安排,同时应排除著作权法草案中的授权性立法,以免再次发生民间作品保护无立法的窘境.     

Jus Primae Noctis or Droit du Seigneur

Jus Primae Noctis (Right of the first Night) was a subject of much interest and considerable controversy in the nineteenth and early twentieth centuries. Scholars debated whether it was a custom, a right, or even a myth. Recent evidence would emphasize the so‐called right was simply the ability of the powerful to subject the less powerful to their will. Rape might be a better term to apply since husbands and families had to resort to subterfuge to thwart the desires of the powerful.     

Quand les associations font office de street-level bureaucracy. Le travail quotidien en faveur de l’accès au droit au logement opposable

This article looks at the contribution of non-profit organisations to public action. It employs a conceptual arsenal usually applied to the analysis of street-level bureaucracy to depict day-to-day work in the field of access to justice for disadvantaged individuals. A case study on the implementation of a legal right to housing shows how non-profit actors play a policy-making role through their participation in the process of selecting the beneficiaries of public action. This entails the exercise of discretionary power in the legal characterisation of individual situations and the selection of cases to support or reasons to adduce in dealings with the administration, with the result that the outcomes for clients who receive social and legal support appear strongly improved.