Réflexion sur l’apport de l’ouvrage "Comment on écrit l’histoire" sur la formation à la recherche en droit

Les chercheurs spécialisés en droit ont souvent pris pour modèle la méthodologie de la recherche inspirée des différentes sciences humaines. Or, les réflexions élaborées par certains historiens sur leur propre méthodologie, plus particulièrement celles qui ont été livrées par Paul Veyne dans son ouvrage "Comment on écrit l’histoire", sont aussi très éclairantes pour toute personne qui s’interroge sur la méthodologie de la recherche en droit. Selon cet auteur, et paradoxalement, "l’histoire n’a pas de méthode" et les historiens "racontent des événements vrais qui ont l’homme pour acteur". Transposées au domaine du droit, ces affirmations libéreraient en quelque sorte le chercheur d’une quête d’une méthodologie "scientifique" tout en le soumettant à une exigence, celle de décrire des événements vrais. La transposition est-elle possible? L’épistémologie historique est-elle pertinente pour les juristes? Voilà les questions que l’auteur abordera dans l’article qui suit.

Global Trade Governance and ASEAN: Studies of Trade-Related Aspects of Labor, Environment and Culture in Southeast Asia

Thesis (Ph.D.)--University of Washington, 2016-08

The 'Arc of prosperity' revisited: Homelessness policy change in north western Europe

This paper compares continuity and change in homelessness policy in Ireland, Scotland and Norway with a particular focus on the period of post-crisis austerity measures (2008-2016). The analytical approach draws on institutional theory and the notion of path dependency, which has rarely been applied to comparative homelessness research. The paper compares welfare and housing systems in the three countries prior to presenting a detailed analysis of the conceptualisation and measurement of homelessness; the institutions which address homelessness; and the evidence of change in the post-2008 period. The analysis demonstrates that challenges remain in comparing the nature of homelessness and policy responses across nation states, even where they have a number of similar characteristics, and despite some EU influence towards homelessness policy convergence. Similarly, national-level homelessness policy change could not be interpreted as entirely a result of the external shock of the 2008 general financial crisis, as existing national policy goals and programmes were also influential. Overall, embedded national frameworks and institutions were resilient, but sufficiently flexible to deliver longer term policy shifts in response to the changing nature of the homelessness problem and national policy goals. Institutionalism and path dependency were found to be useful in developing the comparative analysis of homelessness policy change and could be fruitfully applied in future longitudinal, empirical research across a wider range of countries.

Alternativas ao internamento juvenil através da colaboração de família madrinha

As intervenções alternativas são medidas que não devem ser rechaçadas por nenhum governante. O sistema de encarceramento penal existente no Brasil, assim como em muitas nações mundo afora, vem mostrando há décadas, ser um sistema falido, vez que é impossível (res)socializar alguém em cadeias que são verdadeiras masmorras. Não há condições de melhoramento, nem na esfera física ou psíquica deste sistema nefasto, que só funciona para pegar pobres, pretos, analfabetos e moradores das periferias. Dentro dos maiores problemas apontados por pesquisas atuais, a superlotação, a violência, o tráfico de drogas, o abuso sexual e a falta de uma ocupação que garanta a (res)socialização, forma verdadeiras faculdades do crime, onde o preso ou o adolescente chega como estagiário e sai como mestre na arte da criminalidade delinquente. Esta pesquisa em Criminologia e direito comparado, com foco no Brasil (Recife) e na Alemanha (Freiburg), faz uma contextualização histórica do tema, de forma geral e mais focada nos países comparados. Após esta contextualização, o trabalho retrata e analisa a situação dos jovens em conflito com a Lei, e explana as intervenções alternativas à internação, aconselhando a solução do acolhimento por famílias madrinhas.

Surveillance risks in IoT applied to smart cities

Nowadays, cities deal with unprecedented pollution and overpopulation problems, and Internet of Things (IoT) technologies are supporting them in facing these issues and becoming increasingly smart. IoT sensors embedded in public infrastructure can provide granular data on the urban environment, and help public authorities to make their cities more sustainable and efficient. Nonetheless, this pervasive data collection also raises high surveillance risks, jeopardizing privacy and data protection rights. Against this backdrop, this thesis addresses how IoT surveillance technologies can be implemented in a legally compliant and ethically acceptable fashion in smart cities. An interdisciplinary approach is embraced to investigate this question, combining doctrinal legal research (on privacy, data protection, criminal procedure) with insights from philosophy, governance, and urban studies. The fundamental normative argument of this work is that surveillance constitutes a necessary feature of modern information societies. Nonetheless, as the complexity of surveillance phenomena increases, there emerges a need to develop more fine-attuned proportionality assessments to ensure a legitimate implementation of monitoring technologies. This research tackles this gap from different perspectives, analyzing the EU data protection legislation and the United States and European case law on privacy expectations and surveillance. Specifically, a coherent multi-factor test assessing privacy expectations in public IoT environments and a surveillance taxonomy are proposed to inform proportionality assessments of surveillance initiatives in smart cities. These insights are also applied to four use cases: facial recognition technologies, drones, environmental policing, and smart nudging. Lastly, the investigation examines competing data governance models in the digital domain and the smart city, reviewing the EU upcoming data governance framework. It is argued that, despite the stated policy goals, the balance of interests may often favor corporate strategies in data sharing, to the detriment of common good uses of data in the urban context.

Conventions in comparative constitutional law. Research Paper in Law 4/2003

Introduction. “Convention” is an ambiguous term, not only for lawyers, containing a wide variety of different meanings. Even when restricted to denote an assembly it may be used for all sorts of gatherings. In the context of constitutional law a convention is a very specific instrument, and the question is to what extent it is actually known in European constitutional law and whether the “Convention on the Future of Europe” as called forth by the Declaration of Laeken conforms to what is understood in constitutional law by “convention”.1 Or did the Laeken Council pick up a term without any foundation in European constitutional law, rarely practiced and even less understood, the only precedents of which are supposed to be the American Federal Convention in Philadelphia in 1787 and the convention that drafted the European Charter on Fundamental Rights, as can be read time and again? 2 As it is the privilege of the constitutional historian to make aware the evolution of legal institutions and to analyze their conferred meaning so that they will be available in political discourse, I shall examine the meaning of “convention” in constitutional history and comparative constitutional law in a first part, while a second part will place the Convention on the Future of the European Union according to its composition and commission into the context of constitutional conventions as understood in law.

Introduction: Exploring the Comparative in Socio-Legal Studies

Among the diverse approaches to comparison in socio-legal studies those that employ qualitative research, richness of detail, and attention to context are the focus of this special issue. The Introduction draws on comparative law and social science literature to argue that comparison amongst studies of laws in contexts can follow different trajectories: the comparison may start from an assumption of similarity—in form, purposes, or context—in order to identify significant differences; or it may identify significant similarity across social and cultural divides. What unites many of the projects of comparison undertaken by qualitative empirical researchers is that the points of relevant comparison are identified within the complexity of the empirical studies at hand; and they are allowed to emerge, or change, as the researcher comes to understand the facts and issues more deeply.

Regionalism as trading blocks, a comparative analysis of the legal structure of the EC and NAFTA within the context of the WTO

Geography has almost become obsolete. The world’s goods and services can now be accessed instantaneously by electronic commerce. Small and medium sized countries have felt the cold winds of change blowing, and have adopted the “safety in numbers” philosophy. Regional organisations throughout the world have sprung up, with their original raison d'être the encouragement and development of regional trading blocks. Two of the most developed regional groupings are the EU/EC and NAFTA. These two organisations represent two quite different philosophies of regional trade groupings, with contrasting legal structures. The advent of Trade Globalisation, with the founding of the WTO has brought these two approaches into confrontation, as each side of the Atlantic Ocean tries to influence the development on the naissant WTO. This paper examines the two contrasting legal structures, and the conflict on an inter regional level that they are engendering.

Being ahead of its time the consumer resistance phenomenon: A comparative case study research

Double Degree.

Negotiating cultural values in bi-national relationships : a comparative research on children from German-Chinese families

Magdeburg, Univ., Fak. für Geistes-, Sozial- und Erziehungswiss., Diss., 2012

Comparative analysis of ten assesment grids of quality criteria in qualitative research

The authors present 10 grids which are widely used in Health Sciences for the assessment of quality in research. They proceed through a comparative thematic analysis of these grids and show which points of view are preferred. They insist on the issues that differentiate these grids from each other and suggest the analysis of their differences by distinguishing the theoretical perspectives that underpin each one of these grids. Whilst the authors of the assessment grids rarely refer to the implicit theoretical backgrounds that guide their work, findings show that these grids convey varied epistemologies and research models. This gap renders the comparison of quality assessment in qualitative research a very difficult task, unless we shift our focus on the relationship between the grids, their theoretical backgrounds and their specific research subjects.