La synthèse philosophico-juridique de V.S. Soloviev : élaboration et mise en œuvre d’un cadre théorique

Vladimir S. Soloviev (1853-1900) était un philosophe russe, poète et dissident de la période prérévolutionnaire. Comme celle de beaucoup de ses contemporains prérévolutionnaires russes, la pensée de Soloviev fut constamment sollicitée par la réfection imminente de l’État russe dans un futur très proche. Dans le contexte de cette époque, un examen des fondements théoriques du système juridique était peut-être inévitable. Néanmoins, dans la pensée russe, c’est seulement avec Soloviev que le droit cessa d’être un sujet spécialisé dans le domaine de l’administration, ne concernant guère les grands enjeux de société, et devint intimement lié au développement même de la philosophie morale et sociale. Au sein du projet philosophique systématique que propose Soloviev, le concept de l’unitotalité est envahissant, en termes épistémologique et social. Une pierre d’assise également fondamentale est le concept philosophico-religieux de la divino-humanité, à travers lequel la source de la dignité humaine est ultimement exprimée. La philosophie juridique de Soloviev, contenue pour l’essentiel dans un traité intitulé La Justification du bien : essai de philosophie morale (1897), a pour principal objet l’interaction entre le droit et la morale. Alors que l’objet et la portée du droit peuvent être directement déduits de principes moraux, le droit ne peut pas coïncider exactement avec la morale, compte tenu de son caractère plus limité, fini et coercitif. Pour Soloviev, le droit doit imposer un niveau minimum du bien en fournissant les conditions de base (par ex. la primauté du droit, le droit à une existence digne, la liberté de conscience) pour le libre développement des facultés humaines sans transposer directement en lui la plénitude complète du bien. La principale motivation de Soloviev réside dans la prémisse théologique sous-jacente que le bien ne peut jamais être complètement subsumé sauf par un acte conscient de liberté personnelle. En tandem, Soloviev souligne le rôle progressiste de l’État pour favoriser le libre perfectionnement humain. En tant que tel, Soloviev nous fournit certaines voies innovatrices dans le façonnement de la relation tant théorique que pratique entre le droit et la religion. À l’encontre d’un compromis entre objets, c’est-à-dire un arrangement de type interculturel situé entre fragmentation culturelle (multiculturalisme idéologique) et assimilation antireligieuse (laïcité militante), l’analyse de Soloviev présente la nécessité d’une conciliation temporelle, dans une perspective historique beaucoup plus large, où la laïcité est considérée non pas comme une finalité ontologique en soi, figée dans le temps, mais comme un moyen au service d’une destinée humaine en cours d’actualisation. Le cadre philosophico-juridique de Soloviev peut être utilement mis en dialogue avec des auteurs contemporains comme Stephen L. Carter, Charles Taylor, John Witte Jr, Ronald Dworkin et Jürgen Habermas. La contribution potentielle de Soloviev sur la place de la religion dans la société russe contemporaine est également mentionnée, avec un accent particulier sur le réexamen critique de l’héritage durable de la notion byzantine de la symphonie entre l’Église et l’État. Enfin, une théorie du fédéralisme inspirée par Soloviev est développée en appliquant, sur une base comparative, des avancées théoriques dans le domaine de l’histoire juridique global à l’évolution constitutionnelle du Canada et d’Israël.

Agricultural Water Law in Maryland: The Water Appropriation Application Process and Use in a Time of Drought

To conserve and protect the State's water resources the State of Maryland controls the appropriation or use of its surface waters and groundwater. State law requires all agricultural operations to comply with the water appropriation permitting process, including traditional forms of agriculture, livestock and poultry operations, nursery operations and aquaculture.

Hazard Mitigation Element Quality in Coastal Comprehensive Plans in a State with Strong Requirements for Hazard Mitigation Plan Elements

This dissertation examines the quality of hazard mitigation elements in a coastal, hazard prone state. I answer two questions. First, in a state with a strong mandate for hazard mitigation elements in comprehensive plans, does plan quality differ among county governments? Second, if such variation exists, what drives this variation? My research focuses primarily on Florida’s 35 coastal counties, which are all at risk for hurricane and flood hazards, and all fall under Florida’s mandate to have a comprehensive plan that includes a hazard mitigation element. Research methods included document review to rate the hazard mitigation elements of all 35 coastal county plans and subsequent analysis against demographic and hazard history factors. Following this, I conducted an electronic, nationwide survey of planning professionals and academics, informed by interviews of planning leaders in Florida counties. I found that hazard mitigation element quality varied widely among the 35 Florida coastal counties, but were close to a normal distribution. No plans were of exceptionally high quality. Overall, historical hazard effects did not correlate with hazard mitigation element quality, but some demographic variables that are associated with urban populations did. The variance in hazard mitigation element quality indicates that while state law may mandate, and even prescribe, hazard mitigation in local comprehensive plans, not all plans will result in equal, or even adequate, protection for people. Furthermore, the mixed correlations with demographic variables representing social and disaster vulnerability shows that, at least at the county level, vulnerability to hazards does not have a strong effect on hazard mitigation element quality. From a theory perspective, my research is significant because it compares assumptions about vulnerability based on hazard history and demographics to plan quality. The only vulnerability-related variables that appeared to correlate, and at that mildly so, with hazard mitigation element quality, were those typically representing more urban areas. In terms of the theory of Neo-Institutionalism and theories related to learning organizations, my research shows that planning departments appear to have set norms and rules of operating that preclude both significant public involvement and learning from prior hazard events.

Roster of State Officials, 2007

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 2001

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 2000

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1999

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1998

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1996

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1995

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1994

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1993

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1992

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1991

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.

Roster of State Officials, 1990

Pursuant to Iowa Code section 2B.5, the State Roster is published as a correct list of state officers and deputies, members of boards and commissions, justices of the Supreme Court, judges of the Court of Appeals, judges of the district courts, including district associate judges and judicial magistrates, and members of the General Assembly. More specifically, the State Roster lists the membership of active, policy-making boards and commissions established by state law, executive order of the Governor, or Iowa Court Rule. The State Roster may also list advisory councils of a permanent nature whose members are appointed by the Governor, as well as other boards and commissions of interest to the public.