Ce travail s'appuie principalement sur le texte d’Etienne de La Boétie, étudié dans son arrière-plan humaniste et socioculturel brossé à grands traits. Qu’est-ce qui inscrit le texte dans son époque et qu’est-ce qui la transcende ? Quels sont les ressorts de la servitude : sont-ils inscrits dans le psychisme de l’humain et comment s’articulent-ils au niveau individuel et collectif ? La forme textuelle répond-elle à des canons académiques ou bien fait-elle signe d’un affranchissement de ces règles, premier pas vers la libération du sujet ? Les solutions présentées par La Boétie sont-elles efficientes pour son époque et jusqu’à nos jours ou bien la servitude est-elle constitutive du sujet lui-même ? La théorie psychanalytique présente-t-elle une alternative libératrice que la cure peut mettre en oeuvre ? Autant de questions auxquelles cette thèse qui croise littérature et psychanalyse tente de répondre. / This work is based mainly on Etienne de La Boétie’s text, studied, in broad outline, from a humanist and socio cultural standpoint .To what extend is the text a reflection of the time when it was written and to what extend does it transcend it ? What motivates servitude: is it part and parcel of the psyche of the human mind ? And how does it link up with the individual and collective levels ? Does the layout of the text answer the academic canons or does it show signs of liberation from these rules, first step towards the liberation of the subject ? Were the solutions put forward by La Boétie efficient from his time till nowadays ? Are they still efficient today or is servitude a component of the subject himself ? Does the psychoanalytic theory offer a liberating alternative that the cure can implement ? So many questions this thesis which intertwines literature and psychoanalysis tries to answer.

This dissertation recasts how historians and scholars have come to understand bound labor in eighteenth-century Virginia. Servants—including indentured servants, customary servants, convicts, Virginia-born servants, and apprentices—remained a part of Virginia’s work force throughout the eighteenth century. Servants were a people between and navigated the worlds of freedom and unfreedom on a daily basis, working alongside slaves, negotiating with their masters, and attempting to make sense of their place in Virginia society as an alternative source of bound labor. Some historians, however, dismiss servants, claiming that by the end of the seventeenth century they had all but disappeared and that a general solidarity existed between all whites by the early eighteenth century. Other scholars acknowledge the presence of servants after the turn of the century, but rarely discuss their significance outside of economic analyses or migration studies. Throughout the eighteenth century Virginia masters failed to find common cause with this white labor force—despite its largely European origins and temporary bondage—and servants were constantly ensnared in the power relationships dictated by race, gender, and labor in colonial Virginia. The presence of servants throughout the eighteenth century suggests a need to reconsider colonial society not only across the lines of color but also along the lines of condition.

This thesis examines the establishment of servitudes by positive prescription in Scots law, with particular reference to the doctrine’s conceptual development and the nature of possession required under section 3 of the Prescription and Limitation (Scotland) Act 1973. The thesis is divided into three main parts. The first provides a historical account of the law of positive prescription as applied to servitudes from the 17th century to the 20th century, culminating in its statutory expression in section 3(1) and (2) of the 1973 Act. The second considers what the 1973 Act means when it says that a servitude must be “possessed” for the prescriptive period. While jurists in Scotland have traditionally thought that a right cannot be possessed as such, since it lacks a physical corpus, they have tended to view the apparent exercise of a right as equivalent to the detention of a corporeal object and concluded that servitudes can be “possessed” (or “quasi-possessed”) by analogy. An alternative approach is to say that, while possession denotes a comprehensive factual control of an object for one’s own benefit, certain lesser degrees of factual control are also protected by the law. On this view, the (apparent) exercise of a servitude constitutes a limited “possession” of the land itself and is protected accordingly. Part two argues that this alternative approach is the more coherent and provides helpful analytical tools for understanding what is really going on when a servitude is “possessed” for the purposes of prescription. The third part of the thesis consists of a detailed analysis of the nature of the possession required to establish a servitude by positive prescription. In particular, possession “as if of right” is shown to consist of two “steps”: firstly, the prescriptive claimant must show sufficient possession to indicate that a servitude is being asserted; and, secondly, the possession must not be “by right”, i.e. referable to another right already held by the claimant. After this, the statutory requirements of openness and peaceableness are considered in detail.

No description available.

Tragédie humaine et crime que l'on préfère croire d'un autre temps, l'esclavage n'a jamais été aussi prospère que depuis la proclamation officielle de son abolition. Dès lors, son éradication se heurte à un manque flagrant de juridictionnalisation et à l'absence de mise en oeuvre de politiques publiques concrètes. Dans le même temps, l'intervention vigoureuse des forces de l'ordre est entravée, ce qui permet aux trafiquants de jouir d'une relative impunité. De prime abord, il peut paraître simple de définir ce qu'est l'esclavage tant la notion semble entendue et le sujet d'actualité. Mais au-delà de cette image d'Epinal véhiculée par la traite transatlantique négrière, l'esclavage perdure et ses avatars modernes se superposent à ses formes anciennes. La nature transnationale de ce crime, l'anonymat de ces auteurs facilité par l'évolution des technologies et la difficulté d'en identifier ses victimes amènent à se demander si la sphère internationale n'est finalement pas la plus à même de lutter contre les pratiques esclavagistes. De plus, faire respecter l'interdiction des pratiques esclavagistes passe aujourd'hui par une approche multidisciplinaire du phénomène qui doit être réalisée à l'échelle internationale de manière à saisir pleinement l'envergure de ce qu'est réellement l'esclavage, mais implique toutefois une coopération des Etats. En effet, bien plus qu'une simple problématique juridique, fut-elle d'envergure internationale, la lutte contre l'esclavage contemporain implique également une prise de conscience de la sphère politique et un engagement de la société civile sans lesquelles aucunes mesures ne pourraient être efficacement appliquées. / Human tragedy and crime that we prefer to think of another time, slavery has never been so prosperous since the official announcement of its abolition. Therefore, its eradication is facing a serious lack of jurisdictionalisation and a lack of enforcement of specific public policies. At the same time, the vigorous intervention of the authorities is obstructed that which allow a relative impunity to the traffickers.Prima facie it may seem easy to define slavery as the concept seems to heard and the current topic. But beyond this idyllic picture conveyed by the transatlantic slave trade, slavery persists and its modern avatars overlap with its ancient forms. The transnational nature of this crime, the anonymity of the authors facilitated by technological developments and the difficulty of identifying his victims, lead us to wonder if the international sphere is not actually the best able to fight against slavery. Furthermore, enforcing the prohibition of slavery going on today by a multidisciplinary approach to the phenomenon which must be done internationally in order to fully grasp the scale of what slavery really is, but involves, however, cooperation of States. Indeed more than a simple legal question, even with an international scope, the fight against contemporary slavery also involves an awareness of the political sphere and a commitment of the civil society without which no measures could be effectively applied.

Human trafficking of adolescents is estimated to be a multi-billion dollar industry in the United States and adolescents (ages12-18) are at a high risk for being the victims of human trafficking and being sexually exploited during the process of human trafficking. Social workers are ones of the human services practitioners who often encounter potential or actual victims of human trafficking in their social work practice. Thus, it is very important for social workers to be able to identify, intervene, and advocate for this population. The purpose of this study was to examine social workers’ knowledge about human trafficking and their awareness to identify human trafficking of young women and adolescents in the cities of San Bernardino and Riverside. The study utilized a survey questionnaire design with the use of online software, Qualtrics. Data were collected from 30 social workers who belonged to the National Association of Social Workers, Region F. Participants were asked of their knowledge and awareness about human trafficking and some demographic variables. Descriptive and inferential statistics were used to analyze the data collected. Participants in the study indicated various levels of knowledge regarding human trafficking, with 80% of the participants identifying forced labor or forced prostitution as a major part of human trafficking. Just over half of participants (53.3%) indicated that young children were not the most trafficked persons in San Bernardino and Riverside counties. The study also found that there was an ethnicity difference in the level of knowledge about human trafficking. White participants were likely to have more knowledge about human trafficking than those of other ethnicities. In order to have better understanding of this crime, and to be better able to detect, and identify these victims, the findings of the study suggest that social workers need to increase their knowledge about human trafficking, as well as their skills to better build rapport, and trust. Another recommendation is that more training, and advanced comprehensive education should be provided to social workers to increase their knowledge, awareness about human trafficking, competence, and effectiveness.

Made available in DSpace on 2014-12-17T14:27:20Z (GMT). No. of bitstreams: 1 UrsulaBSL_DISSERT.pdf: 1081836 bytes, checksum: f03a78550237161d81794e80f430ffb0 (MD5) Previous issue date: 2013-03-07 / The economic changes occurred in the 90s, with the restructuring and privatization of various sectors of the economy have led to a redefinition of the State role, assuming a position of regulator and supervisor of public services in place to direct its role as straight intervenor. It is through the regulatory agencies, autarchies with special legal personality under public law, that the Regulator State will act. In this context, the first objective of this research is to analyze the legality of easements imposed by entities of the Direct Administration and Regulatory Agencies, whose execution is delegated to legal persons of private law, being those public service companies or mixed-economy societies. This examination in question the limits of servitude as a restrictive institute of property rights, observing the principles of function, supremacy of the public interests over the private ones, legality and the separation of powers. Defend the property rights like a fundamental right and your insurance as determining factor of economic development and social justice. Use the procedure in use will be the historiccomparative procedure, in order to demonstrate the legality of the public act as a maximum attempt to preserve the balance between the expansion of public services in various sectors of the economy, and the preservation of property rights, through regulation / As mudan?as econ?micas ocorridas na d?cada de 90, com reestrutura??o e privatiza??o de diversos setores da economia levaram a uma redefini??o do papel do Estado que passa a assumir uma fun??o de regulador, e fiscal dos servi?os p?blicos em substitui??o a sua atua??o como interventor direto. S?o atrav?s das ag?ncias reguladoras, autarquias especiais com personalidade jur?dica de direito p?blico, que o Estado regulador atuar?. Neste contexto, o objetivo principal da presente pesquisa ? analisar a legalidade das servid?es administrativas impostas por entes da Administra??o direta e por Ag?ncias Reguladoras, cuja execu??o ? delegada as pessoas jur?dicas de direito privado, seja esta concession?ria de servi?o p?blico ou sociedade de economia mista. A pesquisa em quest?o questiona os limites da servid?o como instituto restritivo do direito de propriedade, observando o princ?pio da fun??o social, da supremacia do interesse p?blico sobre o privado, da legalidade e da separa??o dos poderes. Defende-se o direito de propriedade como direito fundamental e sua garantia como fator determinante do desenvolvimento econ?mico e da justi?a social. Utiliza-se o procedimento hist?rico e comparativo em busca de demonstrar a legitimidade do atuar estatal na tentativa m?xima de preservar o equil?brio entre a expans?o dos servi?os p?blicos nos diversos setores da econ?mica e a preserva??o da propriedade como direito fundamental e propulsor do desenvolvimento econ?mico, atrav?s da regula??o

The aim of thesis was evaluate consistituion of service linear constructions. In literature search are analyse civil, energetic and expropriation law problems from position of distribution companies. The practical part contains calculations of selected services by each valuating which are evaluated in chapter Discussion and results.

Human Trafficking is an epidemic around the world, but if you ask the average person, they know little more than what is shown in media. To try to understand this, we asked the questions of whether college students also have a lack of awareness around trafficking, and if so, is education the best way to fix this? Our literature review found many professions, such as healthcare and K-12 education, are pushing for human trafficking curriculums to be implemented in their fields. To determine if this method would be effective on a college campus, five college students were interviewed to determine what their baseline knowledge is. Most of the questions they were asked were left unanswered due to lack of knowledge; this answered question one. Two out of five students were randomly selected to participate in a human trafficking 101 presentation. Four weeks later, those two individuals were given the same interview, with no contact with the data during those four weeks, to see what they retained. On interview two, both participants showed a drastic increase in knowledge, comprehension, and the ability to discuss the topic more fluidly. This shows that, when done by a licensed professional, a social worker or someone from a trafficking nonprofit, human trafficking education has proved very effective in creating awareness. We found this answered question two in the way we hoped.

No description available.