Le rôle des valeurs et du contexte dans la transformation de la fonction de juger

Principalement dédiée à la recherche, la carrière de juriste d’Andrée Lajoie a été menée dans la perspective de la multidisciplinarité. Elle-même diplômée en droit et en sciences politiques, il paraît tout à fait compréhensible qu’elle se soit concentrée sur le droit public. Dans les années 1960 et 1970, elle se consacra d’abord à l’étude des relations entre le droit, l’État et la société dans des secteurs d’activités au coeur des réformes en cours au Québec, dans le contexte de la Révolution tranquille. Ce n’est que par la suite, dans un deuxième temps – en autant qu’il soit possible de scinder ses recherches en différents moments –, qu’elle entreprit son travail de théoricienne du droit, plus particulièrement à travers ses travaux sur l’interprétation constitutionnelle et le discours judiciaire de la Cour suprême du Canada. C’est ainsi qu’elle étudia, tour à tour, l’interprétation du partage des compétences législatives au regard des positions constitutionnelles du Québec, l’interprétation de la notion de « société libre et démocratique » énoncée à l’article premier de la Charte canadienne des droits et libertés et le sort réservé aux revendications des femmes, des homosexuels, des Autochtones et des Québécois dans le droit constitutionnel canadien. De manière plus spécifique, elle s’intéressa, avec les autres membres des équipes de recherche qu’elle dirigea au Centre de recherche en droit public de la Faculté de droit de l’Université de Montréal, à la capacité des valeurs et des intérêts minoritaires à pénétrer le droit. Elle a donc cherché à rendre compte des modes de production du droit, ou encore des modes de détermination sociale du sens des règles de droit.

Sous un même toit? La formation et la transformation des maisonnées dans le Sud du Maroc : le cas des Ammeln (Tafraout, Anti-Atlas)

Thèse réalisée en cotutelle avec l'École des Hautes Études en Sciences Sociales (EHESS, Paris).

The engagement of territorial knowledge communities with European spatial planning and the territorial cohesion debate: a Baltic perspective

Recent, dramatic spatial development trends have contributed to the consolidation of a unique territorial governance landscape in the Baltic States. The paper examines the transformation of this evolving institutional landscape for planning practice and knowledge, which has been marked by the disintegration of Soviet institutions and networks, the transition to a market-based economy and the process of accession to the EU. It explores the evolution of territorial knowledge channels in the Baltic States, and the extent and nature of the engagement of actors' communities with the main knowledge arenas and resources of European spatial planning (ESP). The paper concludes that recent shifts in the evolution of these channels suggest the engagement of ESP has concentrated among epistemic communities at State and trans-national levels of territorial governance. The limited policy coordination across a broader spectrum of diverse actors is compounded by institutionally weak and fragmented professional communities of practice, fragmented government structures and marginalized advocacy coalitions.

Skew-normal linear calibration: a Bayesian perspective

In this paper, we present a Bayesian approach for estimation in the skew-normal calibration model, as well as the conditional posterior distributions which are useful for implementing the Gibbs sampler. Data transformation is thus avoided by using the methodology proposed. Model fitting is implemented by proposing the asymmetric deviance information criterion, ADIC, a modification of the ordinary DIC. We also report an application of the model studied by using a real data set, related to the relationship between the resistance and the elasticity of a sample of concrete beams. Copyright (C) 2008 John Wiley & Sons, Ltd.

The Czech Republic from the Perspective of the Varieties of Capitalism Approach

Modern capitalism is not singular. There are varieties of capitalism in the contemporary world. This thesis aims to apply the Varieties of Capitalism approach developed by Hall and Soskice (2001) to the case of the Czech Republic and ascertain whether the Czech market economy is approaching a liberal or a coordinated ideal type defined by these authors. At the same time, such findings might provide an answer to whether the Varieties of Capitalism approach designed for advanced industrialized economies is fully applicable for analysis of a post-socialist country that underwent a complicated process of economic and institutional transformation.

The art of being together: a social constructionist perspective on dialogic methods in the organizational context

The purpose of this project is to understand, under a social constructionist approach, what are the meanings that external facilitators and organizational members (sponsors) working with dialogic methods place on themselves and their work. Dialogic methods, with the objective of engaging groups in flows of conversations to envisage and co-create their own future, are growing fast within organizations as a means to achieve collective change. Sharing constructionist ideas about the possibility of multiple realities and language as constitutive of such realities, dialogue has turned into a promising way for transformation, especially in a macro context of constant change and increasing complexity, where traditional structures, relationships and forms of work are questioned. Research on the topic has mostly focused on specific methods or applications, with few attempts to study it in a broader sense. Also, despite the fact that dialogic methods work on the assumption that realities are socially constructed, few studies approach the topic from a social constructionist perspective, as a research methodology per se. Thus, while most existing research aims at explaining whether or how particular methods meet particular results, my intention is to explore the meanings sustaining these new forms of organizational practice. Data was collected through semi-structured interviews with 25 people working with dialogic methods: 11 facilitators and 14 sponsors, from 8 different organizations in Brazil. Firstly, the research findings indicate several contextual elements that seem to sustain the choices for dialogic methods. Within this context, there does not seem to be a clear or specific demand for dialogic methods, but a set of different motivations, objectives and focuses, bringing about several contrasts in the way participants name, describe and explain their experiences with such methods, including tensions on power relations, knowledge creation, identity and communication. Secondly, some central ideas or images were identified within such contrasts, pointing at both directions: dialogic methods as opportunities for the creation of new organizational realities (with images of a ‘door’ or a ‘flow’, for instance, which suggest that dialogic methods may open up the access to other perspectives and the creation of new realities); and dialogic methods as new instrumental mechanisms that seem to reproduce the traditional and non-dialogical forms of work and relationship. The individualistic tradition and its tendency for rational schematism - pointed out by social constructionist scholars as strong traditions in our Western Culture - could be observed in some participants’ accounts with the image of dialogic methods as a ‘gym’, for instance, in which dialogical – and idealized –‘abilities’ could be taught and trained, turning dialogue into a tool, rather than a means for transformation. As a conclusion, I discuss what the implications of such taken-for-granted assumptions may be, and offer some insights into dialogue (and dialogic methods) as ‘the art of being together’.

Agricultural transformation and Gender considerations in Caribbean Economics

The aim of this paper is to provide an overview of the gender and social disparities existing in the agricultural and rural sector in Caribbean economies. In this context, agricultural transformation as occasioned by the dismantling of preferential trading arrangements is analysed to identify the most relevant gender discriminatory measures in the current agricultural development policy and programmes. The analysis seeks to provide the basis for enhancing understanding among policy makers, planners and rural development practitioners of the gender and social dimension involved in the formulation of agricultural policy and more specifically in relation to the new policy and institutional arrangements for agriculture in the region. The paper also provides insights regarding what changes should take place to create an enabling environment for more gender-based approaches to policy-making and strategic planning in agricultural development and trade in the Caribbean. The methodology centred on the review of secondary sources that provide references on the new challenges, opportunities and constraints faced by the agricultural sector, in particular small farmers, in the context of globalization and agriculture transformation. Much of the literature for this assignment was obtained from FAO Headquarters in Rome and the FAO Subregional Office in Barbados, as well as the OECS Secretariat in St. Lucia. In the process of the review exercise, due consideration was given to changes in agricultural production patterns, resources allocation and rural livelihoods. Efforts to examine the most relevant policy measures and mechanisms in-place in support to agricultural development in the region were constrained, in the main, by the absence of gender disaggregated data. Documentation as regards the situation of women and men in relation to agricultural labour, rural income and food security situation in regions were limited. The use of the internet served to bridge the communication gap between countries and institutions. The preliminary draft of the paper was presented and discussed at the FAO/ECLAC/UNIFEM regional workshop on mainstreaming gender analysis in agriculture and trade policies, for Caribbean countries, in November 2003. The second draft of the paper was informed by comments from the workshop and additional information acquired through field visits to Barbados, St. Kitts and St. Vincent in March 2004. The three day visits to each of these three countries entailed a review/appreciation of the resource, constraints and institutional capacities for gender mainstreaming within the agricultural sector at the national level. This included visits to some of the major agricultural projects and interviews with farmers (where feasible) in respect of their perspective of the current situation of the agricultural sector and the viability of their farm enterprises. As well, meetings were held with relevant/available officials within the respective ministries of agriculture to discern the gender consideration as regards agricultural policy and planning at the country level. The internet was invaluable to the task of sourcing supplementary information to satisfy the aim of the paper; in respect of the identification of concrete policy measures and actions to formulate and develop more gender/social-responsive agricultural development policies. The final revision, though thwart with resource and communication constraints, was ultimately completed in compliance with the structure and approach proposed in the terms of references for this FAO/ECLAC assignment.

Faith and the Sublation of Modernity: Kierkegaard and the Transformation of Fideism

This article retraces the “genealogy” of the fideist perspective in philosophy as well as literature, especially within the writings of Søren Kierkegaard and the novel Don Quixote. It contends that a demythologized perspective of the fideist-humanist sort, based upon Erasmian tolerance and intellectual creativity and updated with the insights of post-analytic theory (e.g., the work of Alasdair MacIntyre, Richard Rorty, and Jeffrey Stout), without revoking the vocabulary of transcendence, can reinforce the weathered but still valuable post-Enlightenment moral vocabulary, and can reiterate the humaneness of liberal hope without undue encumbrance from the dogmatic baggage of traditional theological jargon and metaphysics.

Transformation of local medicinal knowledge in the Andean Highlands: Case studies from Peru and Bolivia

In the Andean highlands, indigenous environmental knowledge is currently undergoing major changes as a result of various external and internal factors. As in other parts of the world, an overall process of erosion of local knowledge can be observed. In response to this trend, some initiatives that adopt a biocultural approach aim at actively strengthening local identities and revalorizing indigenous environmental knowledge and practices, assuming that such practices can contribute to more sustainable management of biodiversity. However, these initiatives usually lack a sound research basis, as few studies have focused on the dynamics of indigenous environmental knowledge in the Andes and on its links with biodiversity management. Against this background, the general objective of this research project was to contribute to the understanding of the dynamics of indigenous environmental knowledge in the Andean highlands of Peru and Bolivia by investigating how local medicinal knowledge is socially differentiated within rural communities, how it is transformed, and which external and internal factors influence these transformation processes. The project adopted an actor-oriented perspective and emphasized the concept of knowledge dialogue by analyzing the integration of traditional and formal medicinal systems within family therapeutic strategies. It also aimed at grasping some of the links between the dynamics of medicinal knowledge and the types of land use systems and biodiversity management. Research was conducted in two case study areas of the Andes, both Quechua-speaking and situated in comparable agro-ecological production belts - Pitumarca District, Department of Cusco (Southern Peruvian Highlands) and the Tunari National Park, Department of Cochabamba (Bolivian inner-Andean valleys). In each case study area, the land use systems and strategies of 18 families from two rural communities, their environmental knowledge related to medicine and to the local therapeutic flora, and an appreciation of the dynamics of this knowledge were assessed. Data were collected through a combination of disciplinary and participatory action-research methods. It was mostly analyzed using qualitative methods, though some quantitative ethnobotanical methods were also used. In both case studies, traditional medicine still constitutes the preferred option for the families interviewed, independently of their age, education level, economic status, religion, or migration status. Surprisingly and contrary to general assertions among local NGOs and researchers, results show that there is a revival of Andean medicine within the younger generation, who have greater knowledge of medicinal plants than the previous one, value this knowledge as an important element of their way of life and relationship with “Mother Earth” (Pachamama), and, at least in the Bolivian case, prefer to consult the traditional healer rather than go to the health post. Migration to the urban centres and the Amazon lowlands, commonly thought to be an important factor of local medicinal knowledge loss, only affects people’s knowledge in the case of families who migrate over half of the year or permanently. Migration does not influence the knowledge of medicinal plants or the therapeutic strategies of families who migrate temporarily for shorter periods of time. Finally, economic status influences neither the status of people’s medicinal knowledge, nor families’ therapeutic strategies, even though the financial factor is often mentioned by practitioners and local people as the main reason for not using the formal health system. The influence of the formal health system on traditional medicinal knowledge varies in each case study area. In the Bolivian case, where it was only introduced in the 1990s and access to it is still very limited, the main impact was to give local communities access to contraceptive methods and to vaccination. In the Peruvian case, the formal system had a much greater impact on families’ health practices, due to local and national policies that, for instance, practically prohibit some traditional practices such as home birth. But in both cases, biomedicine is not considered capable of responding to cultural illnesses such as “fear” (susto), “bad air” (malviento), or “anger” (colerina). As a consequence, Andean farmers integrate the traditional medicinal system and the formal one within their multiple therapeutic strategies, reflecting an inter-ontological dialogue between different conceptions of health and illness. These findings reflect a more general trend in the Andes, where indigenous communities are currently actively revalorizing their knowledge and taking up traditional practices, thus strengthening their indigenous collective identities in a process of cultural resistance.

Mineral surfaces and bioavailability of heavy metals: A molecular-scale perspective

There is a continual influx of heavy metal contaminants and pollutants into the biosphere from both natural and anthropogenic sources. A complex variety of abiotic and biotic processes affects their speciation and distribution, including adsorption onto and desorption from mineral surfaces, incorporation in precipitates or coprecipitates, release through the dissolution of minerals, and interactions with plants and microbes. Some of these processes can effectively isolate heavy metals from the biosphere, whereas others cause their release or transformation to different species that may be more (or less) bioavailable and/or toxic to organisms. Here we focus on abiotic adsorption and precipitation or coprecipitation processes involving the common heavy metal contaminant lead and the metalloids arsenic and selenium in mine tailings and contaminated soils. We have used extremely intense x-rays from synchrotron sources and a structure-sensitive method known as x-ray absorption fine structure (XAFS) spectroscopy to determine the molecular-level speciation of these elements at concentrations of 50 to several thousand ppm in the contaminated environmental samples as well as in synthetic sorption samples. Our XAFS studies of As and Pb in the mine tailings show that up to 50% of these contaminants in the samples studied may be present as adsorbed species on mineral surfaces, which makes them potentially more bioavailable than when present in sparingly soluble solid phases. Our XAFS studies of Se(VI) sorption on Fe2+-containing sulfates show that this element undergoes redox reactions that transform it into less bioavailable and less toxic species. This type of information on molecular-level speciation of heavy metal and metalloid contaminants in various environmental settings is needed to prioritize remediation efforts and to assess their potential hazard to humans and other organisms.

Capitalism without Capitalists? A Bottom-Up View of Industrial Transformation in East Germany. CES Germany & Europe Working Papers, No. 00.1, 1999

Research on the industrial transition in East Germany and its outcomes has long focused on the strategy of the Treuhand­ anstalt (IHA). According to institutionalists, David Stark and Lazlo Brust!: (1998), the powerful position of the German privatization agency was not only a result of German unification but also a function of a pathway rooted in the institutional peculiarities of the East German economy before 1989. This paper shows that neither a simple top-down perspective nor the pathway approach, as Stark and Brust!: suggested, are adequate for explaining the internal dynamic of enterprise transformation as well as the outcomes of this process. First of all, the dissolution of the former organizational structures and hierarchies was less coordinated by the 1HA than is often assumed. Often Kombinates fell apart more quickly from below than they could be dismantled from above since enterprises or their units chose the exit­ option and had good reasons to do so. Secondly, although the privatization by the 1HA resulted in the clear dominance of Western investors, the new ownership structure of East German industry as a whole could be characterized as a "capitalism without (East German) capitalists." In fact, what exists in East Germany is rather a kind of "small business capitalism" (KleinbetriebsknpitalifmllS) in which small-and medium-sized producers dominate the landscape. Finally, there was no single starting point in 1989. Two different industrial orders shaped the industrial history of the East German regions which were not destroyed between 1945-89, but rather transformed into the state socialist production system. It can be shown that these older historical patterns are relevant for transition and their outcomes as well.

State Transformation and the European Integration Project. Lessons from the financial crisis and the Greek paradigm. CEPS Special Report No. 130/February 2016

The financial crisis that erupted in the eurozone not only affected the EU’s financial governance mechanisms, but also the very nature of state sovereignty and balances in the relations of member states; thus, the actual inequalities between the member states hidden behind their institutional equality have deteriorated. This transformation is recorded in the case law of the Court of Justice of the European Union and the member states’ constitutional courts, particularly in those at the heart of the crisis, with Greece as the most prominent example. It is the issue of public debt (sovereign debt) of the EU member states that particularly reflects the influence of the crisis on state sovereignty as well as the intensely transnational (intergovernmental) character of European integration, which under these circumstances takes the form of a continuous, tough negotiation. The historical connection between public debt (sovereign debt) and state sovereignty has re-emerged because of the financial crisis. This development has affected not only the European institutions, but also, at the member state level, the actual institutional content of the rule of law (especially judicial review) and the welfare state in its essence, as the great social and political acquis of 20th century Europe. From this perspective, the way that the Greek courts have dealt with the gradual waves of fiscal austerity measures and structural reforms from 2010 to 2015 is characteristic. The effect of the financial crisis on the sovereignty of the member states and on the pace of European integration also has an impact on European foreign and security policy, and the correlations between the political forces at both the national and European level, thus producing even more intense pressures on European social democracy. In light of the experience of the financial crisis, the final question is whether the nation state (given the large real inequalities among the EU member states) currently functions as a brake or as an engine for future European integration.

The Upper Guinea Coast in Global Perspective /

For centuries, Africa’s Upper Guinea Coast region has been the site of regional and global interactions, with societies from different parts of the world engaging in economic trade, cultural exchange, and conflict. This book examines how such encounters have continued into the present day. This title was made Open Access by libraries from around the world through Knowledge Unlatched.