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De la suprématie législative à la suprématie constitutionnelle : étude comparée d'un changement de paradigme en France : en Israël et au Royaume-Uni / From legal to constitutional supremacy : comparing a change of paradigm in France : Israel and the United KingdomGren, Marie 13 December 2017 (has links)
Le système juridique repose sur un paradigme constitutionnel. La dialectique entre la doctrine, le constituant et le juge renforce le consensus dominant qui constitue ce paradigme. La puissance de ces convictions partagées implique que le passage d'un paradigme à un autre se fait par le biais d'un processus révolutionnaire. Lorsque survient une crise, une rupture révolutionnaire peut bouleverser l'ordre constitutionnel établi. Si cette révolution réussi un nouveau modèle paradigmatique, accepté par la majorité des acteurs juridiques, se substitue à l'ancien. L'analyse détaillée d'un tel processus de substitution de paradigme en droit constitutionnel a rarement été faite. L'étude comparée du passage du paradigme de la suprématie législative à celui de la suprématie constitutionnelle, en France, en Israël et au Royaume-Uni en est une excellente illustration. Dans ces trois pays, la crise du paradigme de la suprématie législative a conduit les juges à adopter des décisions révolutionnaires qui renversent ces systèmes initialement construits sur le modèle de la toute-puissance parlementaire. La décision Liberté d'association du Conseil constitutionnel, l'arrêt Mizrahi Bank de la Cour suprême israélienne et l'arrêt Factortame de la Chambre des Lords forment le point de départ du processus révolutionnaire qui a conduit à l'établissement du nouveau paradigme de la suprématie constitutionnelle. L'acceptation de ces décisions juridictionnelles par les constitutionnalistes et parfois leur validation par le constituant, a contribué à la mise en place du nouveau consensus, qui repose sur la garantie de normes constitutionnelles par les juges. / The legal system relies on a constitutional paradigm. Dialectics between legal scholars, Parliament vested with constituent power and judges reinforces the consensus underpinning the paradigm. Given the compelling strength of these shared beliefs, a revolutionary process is necessary to overtum the system. At a time of crisis questioning the paradigm, a revolution can subvert the constitutional order if it is approved by the majority of legal actors, and particularly constitutional scholars. A detailed analysis of such a process in constitutional law has rarely been made. A perceptive study of such a phenomenon can be made by comparing the change of paradigm from legal to constitutional supremacy in France, Israel and the United Kingdom. In these three legal orders, the crisis of legislative supremacy lead judges to make revolutionary decisions, striking down a system based on the omnipotence of Parliament. The Constitutional Council Freedom of Association decision, the Israeli Supreme Court Mizrahi Bank case and the House of Lords Factortame case were a revolutionary move towards constitutional supremacy. The creation of a new paradigm, relying on the protection of constitutional norms by judges has then been favored by its acceptance by constitutional experts and sometimes even by Parliament.
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CRITÉRIOS DE DECISÃO ENTRE HIPÓTESES RIVAIS NAS TEORIAS HISTORICISTAS DA RACIONALIDADE CIENTÍFICA / DECISION CRITERIA FOR RIVAL HYPOTHESES IN THE HISTORICIST THEORIES OF SCIENTIFIC RATIONALITYMagro, Tamires Dal 31 January 2014 (has links)
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The publication of Thomas Kuhn s The structure of scientific revolutions is considered a watershed in the philosophy of science for having presented scientific knowledge as produced by a dynamic and historically situated process. Many of the concepts introduced by the author sparked controversy in the initial reception of this work. We highlight in this dissertation Kuhn s theses on scientific revolutions, incommensurability, and scientific choice between rival hypothesis, which were interpreted by authors such as Popper, Lakatos, Laudan and Putnam as introducing elements of irrationality and relativism into Kuhn s analysis of scientific practice. In the first paper of this dissertation, we investigate passages from Structure that led to those interpretations, and track down Kuhn s later reformulations of the three controversial theses, which attempted to avoid or respond the criticisms of irrationality and relativism. We highlight the linguistic emphasis given by Kuhn in his later works to the concepts of incommensurability and scientific revolution, and show that his thesis about scientific choices remained nearly unchanged. We claim that in Kuhn s later works his theses became more precisely formulated and narrower in scope, and that they manifest a realist inclination by the author. The second paper of this dissertation develops in more detail the issue of the rationality of scientific choice. It presents briefly three theories of scientific rationality due to Kuhn, Lakatos and Laudan, and then shows some of the problems that Lakatos and Laudan s theories face due to focusing their notion of rationality on univocal rules of choice. We then indicate that there are advantages in understanding as Kuhn did the notion of rationality in terms of values that influence objectively the choices to be made without determining them univocally. / A publicação de A estrutura das revoluções científicas, de Thomas Kuhn, é considerada um divisor de águas na filosofia da ciência por apresentar o conhecimento científico como sendo gerado por um processo dinâmico e historicamente situado. Muitos dos conceitos introduzidos pelo autor foram motivos de controvérsia na recepção inicial da obra. Destacamos na presente dissertação as teses de Kuhn sobre revoluções científicas, incomensurabilidade e escolhas científicas entre hipóteses rivais, que foram interpretadas por autores como Popper, Lakatos, Laudan e Putnam, como introduzindo elementos de irracionalidade e relativismo na análise kuhniana da atividade científica. No primeiro artigo desta dissertação, investigamos as passagens na Estrutura que levaram a essas interpretações, e rastreamos as reformulações kuhnianas posteriores para as três teses controversas com vistas a evitar ou responder as críticas de irracionalidade e relativismo. Destacamos a ênfase linguística dada por Kuhn aos conceitos de incomensurabilidade e revolução científica, e mostramos que a tese acerca das escolhas científicas permanece quase inalterada nos textos tardios. Defendemos que na obra tardia de Kuhn suas teses tornaram-se mais precisas e menos abrangentes e evidenciam uma inclinação realista do autor. O segundo artigo desta dissertação desenvolve de maneira mais detalhada a questão da racionalidade das escolhas científicas, apresentando as propostas de três teorias historicistas da racionalidade científica, devidas a Kuhn, Lakatos e Laudan. Apresentamos alguns dos problemas que as teorias de Lakatos e Laudan enfrentam ao concentrar a noção de racionalidade em regras unívocas de escolha e indicamos que há vantagens em se compreender a noção de racionalidade em termos de valores que influenciam objetivamente as escolhas sem determiná-las univocamente, como propôs Kuhn.
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Heroism in the matrix : an interpretation of Neo's heroism through the philosophies of Nietzsche and ChestertonReyburn, Duncan 23 July 2008 (has links)
This study explores the representation of the hero in Lawrence and Andrew Wachowski’s Matrix film trilogy, which comprises The Matrix (Wachowski, Wachowski&Silver 1999), Matrix Reloaded (Wachowski, Wachowski&Silver 2003a) and The Matrix Revolutions (Wachowski, Wachowski&Silver 2003b). Special reference is made to how Neo embodies a postmodern view of heroism. This implies an exploration into the relationship between Neo, the protagonist and hero in the Matrix trilogy, and his mythological predecessors, as well as the relationship between the representation of Neo and ideas concerning heroism. In order to further understand the nature of heroism in the Matrix trilogy, the ideas of two philosophers, namely Friedrich Nietzsche (1844-1900) and Gilbert Keith Chesterton (1874-1936), are explored and compared. It is argued in this study that the heroism presented to the viewer by the Matrix trilogy can be interpreted as being representative of the meeting of the apparently contradictory ideas of these two philosophers. Both of these philosophers, though striving for a heroic ideal, arrived at vastly different conclusions. This study, whilst considering the nature of heroism in these two views, also seeks offer an examination of the relationship that Nietzsche’s and Chesterton’s writings have to one another. This examination is not an attempt to take sides with either of these philosophers, but merely to point out certain aspects of their two distinctive viewpoints as they relate to the films in question. This study especially seeks to investigate the claim that Neo is the embodiment of the Übermensch, the figure that most clearly resembles Nietzsche’s heroic ideal. Chesterton’s views of heroism are referred to in order to counter-balance and contextualise Nietzsche’s views on this. Mainly ethical aspects of the character and narrative of the hero are focused on in this study in order to show, firstly, that these more abstract aspects are implicit in the representation of the hero in the Matrix trilogy, and secondly, that the hero belongs to a moral taxonomy. The final aim of this study is to present a coherent view of the many facets of heroism that incorporates an assessment of how philosophy, ideology and semiology underpin the visual. / Dissertation (MA (Visual Studies))--University of Pretoria, 2007. / Visual Arts / unrestricted
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The 'pronunciamiento' in Yucatán : from independence to independence (1821-1840)Ali, Shara January 2011 (has links)
Unique to nineteenth-century Spain and Central America, the pronunciamiento can be interpreted as an act of insubordination against ruling authorities, which included a written document with a list of complaints or demands. The practice was almost always carried out by members of the army, but usually involved heavy participation by political and civilian sectors of society as well. The pronunciamiento more often than not contained a threat of military violence if the grievances of the pronunciados were not listened to; as a result, it carried with it the implicit consequence of armed revolt. The pronunciamiento was responsible for major political changes in early nineteenth-century Mexico and Yucatán, and was also one of the most powerful forces of political and societal destabilisation during this period. Indeed, the pronunciamiento was responsible for the establishment of federalist and centralist systems, changes of constitutions, and constant overthrows of presidents. This was also true on a smaller scale in Yucatán, as the pronunciamiento was not only used to depose governors and administrations, but was the key negotiatory mechanism between the Yucatecan and Mexican administrations; yucatecos resorted to the pronunciamiento to realise their secessions from and reunifications to Mexico throughout the early nineteenth century. The aim of this thesis is to expose the dynamic of the Yucatecan pronunciamiento. It will challenge the present depiction of the pronunciamiento as military exercise of destabilization, and will instead concentrate on exposing it as a highly intricate process of political representation and negotiation, at both local and national levels. This will not only contribute toward a greater understanding of pronunciamiento culture on a local and more general scale, but will also reveal a more comprehensive analysis of the socio-political and economic circumstances of nineteenth-century Yucatán. This in turn will aid in re-defining early nineteenth-century Mexico, questioning its traditional depiction as an age of “chaos”, and instead exposing it as one dominated by political and ideological forces and factions, who used the pronunciamiento to express their beliefs and to negotiate for change.
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Autobiography of an Exile: Analyzing the Reproduction of Subjugation Found in Sean O’Casey’s Dublin TrilogyUnknown Date (has links)
Sean O’Casey’s Dublin Trilogy travels through the Irish revolutionary period and
explores how this environment created a revolutionary Dublin where armed militants
struggled to overthrow the authority and privileges of their British oppressors. Seeking to
remove the colonial authority that had oppressed the Dublin population for so long, these
revolutionaries fought, killed, and died in their quest for an independent Ireland. In this
struggle, groups of armed men can be seen employing tactics that would only lead to the
continued oppression of other sections of the Irish population. By connecting the Dublin
Trilogy to his autobiographies, in which he highlights the importance of family as a
supportive unit for the Dublin poor, I propose that O’Casey, in the Dublin Trilogy, warns
that these ideological reproductions would eventually lead to the continued subjugation
of Irish women and other members of the Irish population outside of the masculinist,
militant identity supporting the Irish independence struggle. / Includes bibliography. / Thesis (M.A.)--Florida Atlantic University, 2017. / FAU Electronic Theses and Dissertations Collection
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Lighting the torch of liberty : the French Revolution and Chartist political culture, 1838-1852Dengate, Jacob January 2017 (has links)
From 1838 until the end of the European Revolutions in 1852, the French Revolution provided Chartists with a repertoire of symbolism that Chartists would deploy in their activism, histories, and literature to foster a sense of collective consciousness, define a democratic world-view, and encourage internationalist sentiment. Challenging conservative notions of the revolution as a bloody and anarchic affair, Chartists constructed histories of 1789 that posed the era as a romantic struggle for freedom and nationhood analogous to their own, and one that was deeply entwined with British history and national identity. During the 1830s, Chartist opposition to the New Poor Law drew from the gothic repertoire of the Bastille to frame inequality in Britain. The workhouse 'bastile' was not viewed simply as an illegitimate imposition upon Britain, but came to symbolise the character of class rule. Meanwhile, Chartist newspapers also printed fictions based on the French Revolution, inserting Chartist concerns into the narratives, and their histories of 1789 stressed the similarity between France on the eve of revolution and Britain on the eve of the Charter. During the 1840s Chartist internationalism was contextualised by a framework of thinking about international politics constructed around the Revolutions of 1789 and 1830, while the convulsions of Continental Europe during 1848 were interpreted as both a confirmation of Chartist historical discourse and as the opening of a new era of international struggle. In the Democratic Review (1849-1850), the Red Republican (1850), and The Friend of the People (1850-1852), Chartists like George Julian Harney, Helen Macfarlane, William James Linton, and Gerald Massey, along with leading figures of the radical émigrés of 1848, characterised 'democracy' as a spirit of action and a system of belief. For them, the democratic heritage was populated by a diverse array of figures, including the Apostles of Jesus, Martin Luther, the romantic poets, and the Jacobins of 1793. The 'Red Republicanism' that flourished during 1848-1852 was sustained by the historical viewpoints arrived at during the Chartist period generally. Attempts to define a 'science' of socialism was as much about correcting the misadventures of past ages as it was a means to realise the promise announced by the 'Springtime of the Peoples'.
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Cores da mudança?: as revoluções coloridas e seus reflexos em política externaOrtega, Felipe Afonso 30 June 2009 (has links)
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Previous issue date: 2009-06-30 / Between 2003 e 2005, three countries from the former Soviet Union saw
opposition movements coming to power, either directly, through presidential elections,
or through the resignation of the incumbent leaders, following series of popular protests.
This group of movements the rose revolution in Georgia, the Orange revolution in
Ukraine and the Tulip Revolution in Kyrgyzstan was eventually called ´color
revolutions`.
The central goal of this dissertation is to analyze the foreign policies adopted
after the color revolutions by each one of the three countries. The main concern is with
the relations that emerged with Russia, a country that represented an important obstacle
to the success of the three movements. Such an analysis can help to clarify to what
extent the russian-american confrontation, so evident during the processes that led to the
revolutions, kept present in the speeches and actions of the new governments / Entre 2003 e 2005, três países da ex-União Soviética presenciaram movimentos
oposicionistas chegarem ao poder, seja diretamente, através de eleições presidenciais,
seja pela renúncia dos líderes de então em resposta a intensos protestos populares. Esse
conjunto de movimentos a Revolução das Rosas na Geórgia, a Revolução Laranja na
Ucrânia e a Revolução das Tulipas no Quirguistão acabou recebendo a alcunha de
Revoluções Coloridas.
O objetivo central deste trabalho é fazer uma análise das políticas exteriores
adotadas após as Revoluções Coloridas por cada um dos três países onde elas
ocorreram. A principal preocupação é com as relações que emergiram com a Rússia,
que representou obstáculo importante ao sucesso de cada um dos três movimentos. Uma
análise como esta pode ajudar a esclarecer em que medida o embate russo-americano,
tão marcante durante os processos que levaram às revoluções, manteve-se presente nos
discursos e nas ações dos novos governantes após a subida ao poder
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Pragmatic humanism : through the eyes of EgyptO'Brien, Matthew Steven 06 August 2012 (has links)
The purpose of this study is to analyze the events that occurred throughout the Egyptian Revolution from January 2010 to February 2010 through pragmatic humanism. Tweets will be looked at from the book Tweets from Tahrir to show how the process unfolded. Building on the previous research, the tweets will be looked at through the lens of pragmatic humanism. The study will show how individuals can better the world they live in by experimenting with different methods and adapting to any failures they may encounter. The study will also show how the reach of the individual has become faster and further than previously possible. The elements of pragmatic humanism will be broken down into five main tenets. The study will take a thematic approach in analyzing the tweets through the perspective of the particular tenet. The study will also show the power of individual desires when they are able to combine with the social context of the time. The advent of Twitter has allowed individuals to test and experiment with hypotheses much quicker than before and allows them to make monumental changes to their reality in a much shorter period of time. / Graduation date: 2013
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Christian rebellion theories as delivered by St. Paul from Mars Hill by Augustine, Calvin and AdamsHastings, Jason Michael, University of Lethbridge. Faculty of Arts and Science January 2003 (has links)
This thesis explicates teh rebellion theories of three reowned Christian political thinkers and evaluates the extent that each can communicate an intelligible rebellion theory to a non-Christian audience. Augustine of Hippo, at a dawn of the medieval ages, John Calvin of Geneva during the Reformation and John Adams of the USA in the midst of the Enlightenment are the three thinkers selected for consideration. These thinkers have produced ideas that have transcended time and geographical location. Rebellion is an issue of the utmost political importance as it reveals the limits, and the first principles of politics. The issues surrounding the involovement of religion in politics have created a place for confusion in minds of many people today. The issues surrounding religion and politics need further elucidation. The way these thinkers were able to translate the divine command from Romans 13:1, which decrees an absolute prohibition against rebellion, into an intelligible rebellion theory to non-Christians, is an important consideration in this thesis. / ix, 158 leaves ; 28 cm.
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Perspective gramscienne sur les rapports entre l’Église catholique canadienne et l’État colonial au tournant du XIXe siècleBouillet, Ilan 02 1900 (has links)
Ce mémoire analyse la situation de l’Église catholique canadienne au tournant du XIXe
siècle en adoptant un cadre théorique gramscien. À travers la trajectoire de trois évêques, nous
démontrons que l’épiscopat réussit à pérenniser sa place comme maillon essentiel entre la
population canadienne et l’État colonial. Un triple mouvement s’observe au sein de l’institution
catholique. Les évêques cherchent à raffermir la structure de l’épiscopat grâce à une politique de
contrôle social et de développement de la base numérique du clergé. Les Révolutions atlantiques
faisant avancer les idées républicaines dans la province, un lien étroit va se former entre le
gouvernement colonial et l’épiscopat afin de défendre la conception du monde monarchiste ; l’État
et l’Église forment ce que le philosophe Antonio Gramsci nomme un « bloc idéologique ». La
relation entre les deux institutions n’est pourtant pas sans conflictualité. Un bras de fer s’engage
au sujet de la situation juridique de l’Église catholique. Certaines élites britanniques désirent
renforcer le contrôle étatique sur un épiscopat considéré comme trop indépendant. L’enjeu des
débats qui naissent en ce début de XIXe est de savoir qui contrôlera un appareil idéologique
performant dans une colonie où l’écrasante majorité de la population est catholique. / This thesis analyses the situation of the catholic church of Canada at the turn of the 19th
century using a Gramscian theoretical framework. Through the historical paths of three bishops,
we demonstrate that the episcopacy maintained its position as an essential link between the
Canadian population and the colonial state. We observe a threefold movement from within the
catholic institution. The bishops intended to strengthen the structure of the episcopacy through
social control and by increasing the numerical basis of the clergy. Republican ideas being
promoted through the Atlantic revolutions, the colonial government and the episcopacy tightened
their relationship in order to defend a monarchist conception of the world; the state and the church
came to form what Antonio Gramsci calls an “ideological bloc”. The relationship between the two
institutions was, however, not without conflict. A tug of war began over the judicial situation of
the Catholic church. Some members of the British elite hoped to reinforce state control over the
episcopacy which they considered as too independent. The issue at stake in the debates that arose
at the start of the 19th century was to ascertain who would control the ideological apparatus in a
colony where the majority of the population was Catholic
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