Le devoir de désobéissance de l'agent public est envisagé en tant qu'il constitue une obligation juridique, c'est-à-dire une «technique sociale» au service d'un certain nombre de choix politiques. La thèse propose de construire des instruments d'analyse susceptibles de produire une topographie générale de l'objet en droit et dans le discours sur le droit. Ils doivent permettre d'identifier et clarifier un certain nombre de questions soulevées par l'existence de ce type d'objet en droit positif, parfois obscurcies par les rapports souvent intuitifs qu'on l'imagine entretenir avec des questionnements moraux fondamentaux. Pour ce faire, le travail de recherche met précisément en œuvre une analyse des fonctions, des structures, et des critères de mise en œuvre de l'obligation en droit interne, en droit international pénal et dans les droits nationaux étrangers. L'étude fait alors apparaître la diversité des dispositifs existants, met au jour certaines dynamiques de la discussion doctrinale et contentieuse, et confirme en définitive l'impossibilité «d'essentialiser» l'objet. Elle permet d'envisager une proposition de modification des dispositifs existants en droit interne. / The duty of disobedience of the public official is envisaged as constituting a legal obligation, that is, as a "social technique" serving a number of policy choices. The thesis proposes to build analytical tools that can produce a general topography of the object in la and in the discourse on the law. It must identify and clarify a number of issues raised by the existence of this type of object in positive law sometimes obscured by the intuitive relationships that we imagine it has with fundamental moral questions. To do this, the research thesis specifically implements an analysis of the functions, structures, and criteria for implementing the obligation in domestic law, international criminal law and foreign national law. The study then shows the diversity of existing obligations, reveals certain dynamics of the doctrinal and contentious debate, and finally confirms the impossibility of "essentializing" the object. It makes it possible to envisage a proposal for modification of the existing systems in domestic law.

<p>The aim of this study was to examine how the social services could investigate and support children of irregular immigrants within the boundaries of the law. More specifically it aimed to examine the legal possibilities and obstacles for the social services to support irregular immigrants, how the officials at the social services act considering the legal aspects, and how they reason morally and ethically when dealing with irregular immigrants. To answer the aim of the study the theory of positive law was used combined with qualitative interviews with two officials at the social services. Moreover a small quantitative telephone study with officials in the social services and with voluntary organizations was made. The study has used theories of sociology of law, law and ethics, and professional (civil) disobedience. The conclusions were that children of irregular immigrants are included by the Swedish law for social services, but are hindered from getting support by the legal obligation to inform the police authorities when the social services are dealing with foreigners who did not apply for a residence permit. There is a need for the officials to be extra committed in such cases and they break the obligation to inform to be able to support the children.</p>

The aim of this study was to examine how the social services could investigate and support children of irregular immigrants within the boundaries of the law. More specifically it aimed to examine the legal possibilities and obstacles for the social services to support irregular immigrants, how the officials at the social services act considering the legal aspects, and how they reason morally and ethically when dealing with irregular immigrants. To answer the aim of the study the theory of positive law was used combined with qualitative interviews with two officials at the social services. Moreover a small quantitative telephone study with officials in the social services and with voluntary organizations was made. The study has used theories of sociology of law, law and ethics, and professional (civil) disobedience. The conclusions were that children of irregular immigrants are included by the Swedish law for social services, but are hindered from getting support by the legal obligation to inform the police authorities when the social services are dealing with foreigners who did not apply for a residence permit. There is a need for the officials to be extra committed in such cases and they break the obligation to inform to be able to support the children.

The work examines the antislavery writings of Francis Wayland (1796-1865). Wayland pastored churches in Boston and Providence, but he left his indelible mark as the fourth and twenty-eight year president of Brown University (1827-1855). The author of numerous works on moral science, economics, philosophy, education, and the Baptist denomination, his administration marked a transitional stage in the emergence of American colleges from a classically oriented curriculum to an educational philosophy based on science and modern languages. Wayland left an enduring legacy at Brown, but it was his antislavery writings that brought him the most notoriety and controversy. Developed throughout his writings, rather than systematically in a major work, his antislavery views were shaped and tested in the political and intellectual climate of the antebellum world in which he lived. First developed in The Elements of Moral Science (1835), he tested the boundaries of activism in The Limitations of Human Responsibility (1838), and publicly debated antislavery in Domestic Slavery Considered as a Scriptural Institution (1845). The political crisis from the Mexican-American War through the Kansas-Nebraska Act heightened Wayland’s activism as delineated in The Duty of Obedience to the Civil Magistrate (1847), his noncompliance with the Fugitive Slave Law, and his public address on the Kansas-Nebraska Bill (1854). In 1861 he became a committed Unionist. I argue that Francis Wayland was a mediating figure in the controversy between abolitionists and proslavery apologists and that his life was a microcosm of the transition that many individuals made from moderate antislavery to abolitionism. Wayland proved unique in that he was heavily coveted by Northern abolitionists who sought his unconditional support and yet he was respected by Southerners who appreciated his uncondemning attitude toward slaveholders even while he opposed slavery. I argue that Wayland’s transition from reluctant critic to public activist was not solely due to the political sweep of events, but that his latter activism was already marked in his earlier work. Most importantly, his life demonstrated both the limits and possibilities in the history of American antislavery.

The diploma thesis Public sphere in networked society concerns about the relation of public sphere and cyberspace. Cyberspace is defined as new social institution, which is not embodied Habermasian normative ideal of critical public sphere, but in contrary it constitute new forms of inequalities and new forms of fragmentarization and commercialization. Explored are therefore also theories which critically deal with concept of public sphere and better describe the reality of cyberspace. The expansion of Cyberspace and horizontal communication network also relate with transformation of contentious politics. The thesis provides an overview of historical development of new action repertoire of contention - virtual sit-in. As an embodiment of all these societal shifts, which are seen as an elements of change in power balance, is presented Operation Payback orchestrated by hacktivist group Anonymous. Keywords Cyberspace, public sphere, hacktivism, action repertoires, repertoires of contention, virtual sit-in, electronic civil disobedience, Anonymous, Operation Payback

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This dissertation utilizes theories of deviance in conjunction with literary methods of reading and analyzing to study a range of deviant or transgressive characters in American literature of the 1840s and 50s. I justify this methodology on the basis of the intersecting and related histories of Emersonian self-reliance and deviance in American thought. I contend that each of the texts of self-reliance discussed by the dissertation – The National Police Gazette (1845-present), Frederick Douglass’ Narrative of the Life of Frederick Douglass (1845) and My Bondage and My Freedom (1855), Margaret Fuller’s Woman in the Nineteenth Century (1845), Henry David Thoreau’s “Civil Disobedience” (1849) and Walden (1854), and Nathaniel Hawthorne’s The Scarlet Letter (1850) and The Blithedale Romance (1852) – actually sanctions deviance. Since deviance is endorsed by these texts in some shape or form, it is a critical component of American culture; consequently American culture is one that promotes deviance. My work on Douglass and Thoreau employs the sociological theories of Robert K. Merton (1949) to investigate the tensions between the culturally lauded goal of self-reliance and the legitimate means for securing this. I explore the importance of Transcendentalist self-reliance to the American Dream ethos and the ways in which it is valorized by each protagonist. The work on the National Police Gazette puts popular and elite forms of literary discourse into conversation with one another. My primary concern here is with explaining why and how specific self-reliant behaviours are deemed “deviant” in the literary context, but “criminal” by popular works. The chapters on female deviance elucidate the confines of women’s writing and writing about women as well as the acceptable female modes of conduct during the nineteenth century. They also focus on the ways female characters engaged in deviance from within these rigid frameworks. A functionalist interrogation of female deviance underscores the ways society is united against those women who are classed as unwomanly or unfeminine. My conclusion seeks to reinvigorate the conversation regarding the intersection between literature and the social sciences and suggests that literature in many ways often anticipates sociological theory. Ultimately, I conclude by broadening the category of the self-reliant individual to include, for instance, females and African-American slaves who were otherwise not imagined to possess such tendencies. Thus, this dissertation revises notions of Emerson’s concept of self-reliance by positioning it instead as a call to arms for all Americans to engage in deviant or socially transgressive behaviour.

Il contributo presenta i risultati di un progetto multi-fase che ha avuto come obiettivo la creazione di un nuovo modello di azione collettiva solidarity-based. Sviluppatosi in tre fasi conseguenti e necessarie, tale progetto mira a fornire indicazioni teoriche, metodologiche ed applicative per interventi di cittadinanza globale capaci di favorire condizioni di giustizia sociale. La prima fase consta di uno studio cross-culturale condotto in Italia, Austria e Stati Uniti volto a rilevare le rappresentazioni sociali dei concetti di obbedienza e disobbedienza in gruppi di giovani-adulti. La discussione dei risultati evidenzia similitudini e differenze cross-culturali tra le rappresentazioni e definisce, per la prima volta in letteratura, attraverso l’utilizzo di mixed methods completamente bottom-up i concetti di obbedienza e disobbedienza. Nella seconda fase è stato creato e validato uno strumento psicometrico in grado di misurare l’atteggiamento relativo alla disobbedienza pro-sociale poiché, nella terza e ultima fase, tale costrutto, insieme alle variabili ragionamento morale e valori di impegno, sono state testate come predittrici del modello EMSICA, modello esplicativo di un’azione collettiva a favore di un out-group in condizioni di svantaggio sociale. La discussione dei risultati indica la rilevanza empirica di tali variabili offrendo interessanti spunti di riflessione per i policy maker. / This dissertation presents the results of a multi-phase project whose goal was the creation of a new model of solidarity-based collective action. Developed in three consequential and necessary phases, this project aims to provide theoretical, methodological and practical guidance for interventions of global citizenship to favor conditions of social justice. The first phase consists of a cross-cultural study conducted in Italy, Austria and the United States aimed at detecting the social representations of the concepts of obedience and disobedience in young adults groups. The discussion of the results highlights the similarities and the differences between cross-cultural representations and defines the concepts of obedience and disobedience for the first time in literature, through the use of completely bottom-up mixed methods. In the second phase has been created and validated a psychometric instrument that can measure the attitude related to pro-social disobedience because, in the third and final stage, this construct, along with the variables moral reasoning and engagement values, have been tested as predictors of the EMSICA model, that explains collective action in favor of a disadvantaged out-group. The discussion of the results indicates the empirical relevance of these variables offering interesting insights for policy makers.

This dissertation utilizes theories of deviance in conjunction with literary methods of reading and analyzing to study a range of deviant or transgressive characters in American literature of the 1840s and 50s. I justify this methodology on the basis of the intersecting and related histories of Emersonian self-reliance and deviance in American thought. I contend that each of the texts of self-reliance discussed by the dissertation – The National Police Gazette (1845-present), Frederick Douglass’ Narrative of the Life of Frederick Douglass (1845) and My Bondage and My Freedom (1855), Margaret Fuller’s Woman in the Nineteenth Century (1845), Henry David Thoreau’s “Civil Disobedience” (1849) and Walden (1854), and Nathaniel Hawthorne’s The Scarlet Letter (1850) and The Blithedale Romance (1852) – actually sanctions deviance. Since deviance is endorsed by these texts in some shape or form, it is a critical component of American culture; consequently American culture is one that promotes deviance. My work on Douglass and Thoreau employs the sociological theories of Robert K. Merton (1949) to investigate the tensions between the culturally lauded goal of self-reliance and the legitimate means for securing this. I explore the importance of Transcendentalist self-reliance to the American Dream ethos and the ways in which it is valorized by each protagonist. The work on the National Police Gazette puts popular and elite forms of literary discourse into conversation with one another. My primary concern here is with explaining why and how specific self-reliant behaviours are deemed “deviant” in the literary context, but “criminal” by popular works. The chapters on female deviance elucidate the confines of women’s writing and writing about women as well as the acceptable female modes of conduct during the nineteenth century. They also focus on the ways female characters engaged in deviance from within these rigid frameworks. A functionalist interrogation of female deviance underscores the ways society is united against those women who are classed as unwomanly or unfeminine. My conclusion seeks to reinvigorate the conversation regarding the intersection between literature and the social sciences and suggests that literature in many ways often anticipates sociological theory. Ultimately, I conclude by broadening the category of the self-reliant individual to include, for instance, females and African-American slaves who were otherwise not imagined to possess such tendencies. Thus, this dissertation revises notions of Emerson’s concept of self-reliance by positioning it instead as a call to arms for all Americans to engage in deviant or socially transgressive behaviour.

L'art comme jeu n'est pas une simple métaphore. Il correspond à la forme que prennent de nombreuses œuvres d'art notamment les maquettes et miniatures contemporaines et aujourd'hui le jeu est représenté ou mis en scène dans de nombreuses expositions. Cependant l'artiste n'est pas un joueur comme les autres mais un joueur professionnel qui s'oppose à la figure du non-artiste ou de l'artiste amateur défendue par les artistes des avant-gardes qui avaient élevé le jeu au rang d'art. Alors que la consommation de l'art prend la forme d'un divertissement à grande échelle et que l'on assiste à une Disneylandisation des musées, l'art contemporain comme jeu ne semble plus aussi subversif que celui des années soixante. Pourtant l'art comme jeu en tant que modèle et outil de changement social perdure. C'est un art d'attitude, héritier des dernières avant-gardes, se tenant en dehors des frontières habituelles de l'art et réalisant le dépassement souhaité par les situationnistes ou Allan Kaprow. / Art as play is not only a metaphor. It is the particular form of many works of art, especially contemporary models and miniatures. Play itself is nowadays represented or staged in numerous exhibitions. However, the artist is not a player like any other but a professional player in contrast to the figure of the non-artist or amateur artist defended by avant-garde artists who had raised play to the level of art. While the consumption of art takes the form of large-scale entertainment and we witness a Disneylandisation of museums, contemporary art as play no longer seems as subversive as it did in the sixties. Yet art as play as model and tool for social change endures. It is an art of attitude, heir to the last avant-gardes, standing outside the usual boundaries of art and an art that achieves the desired by Allan Kaprow and the Situationists.