My purposes in this paper are to explain the constitutive-regulative distinction as set out by Kant in the Dialectic and Methodology, and to note its reappearance in contemporary philosophy.

Despite the bad press that revenge has received from moral philosophers and legal theorists, it can be a legitimate way to forge a link between wrongful behavior and penalties that karmic moral theories can only postulate. It can be especially effectual in commonplace cases that are under the radar of formal systems of justice. In such cases it can play a positive role in strengthening the moral foundations of a community. In those cases acts of revenge can provide a morally (...) valuable antidote to the negative participant reactive attitudes of community members. They can be an expression of morality in and for itself while exorcizing such pent up emotions as resentment, hatred, indignation, anger, antipathy, annoyance, umbrage, and ire. I maintain that responding in morally appropriate ways to insults, derisions, disparagements, and other forms of perceived wrongful disrespect and ill will is elemental in sustaining equitable human relations. To reiterate and paraphrase a point Robert Nozick made, the only power that morality has to affect human affairs resides in the critical responses moral people feel obliged to make upon recognizing the wrongful quality of another person’s acts or will. In this paper I apply the four criteria I defended in the book The Virtues of Vengeance to rather mundane cases of perceived maltreatment, exploitation, oppression, and/or neglect, and I deal with the issue of regulating multiple avengers who are bent on dealing out revenge to offenders in such commonplace cases. (shrink)

This theoretical paper examines the context-sensitivity of the impact of cultural norms on prejudice regulation. Granting the importance of understanding intergroup dynamics in cultural-ecological contexts, we focus on the peculiarities of the French diversity approach. Indeed, the major cultural norm, the Laïcité is declined today in two main variants: The Historic Laïcité, a longstanding egalitarian norm coexisting with its amended form: The New Laïcité, an assimilationist norm. In fact, these co-encapsulated Laïcité variants constitute a fruitful ground to cast light (...) on the processes underlying prejudice regulation. Indeed, it is documented that the assimilationist New Laïcité is linked to higher levels of prejudice as compared to the egalitarian Historic Laïcité. To this day, research mainly explored interindividual determinants of Laïcité endorsements and specified how these endorsements shape prejudice. Crucially, this “indirect-endorsement path” does not account for the more straightforward causal relationship between Laïcité and prejudice. Moreover, recent experimental evidence suggests that the normative salience of both Laïcité norms shape intergroup attitudes beyond personal endorsement. Therefore, in this contribution, we complement previous work by investigating the possible socio-cognitive processes driving this “direct-contextual path.” In doing so, we seek to bridge the gap of causality by investigating how the Laïcité norms can set the stage for specific regulatory strategies. Our reasoning derives from an application of the Justification-Suppression Model bolstered by classical work on mental control, modern racism and diversity ideology. From this, we sketch out the operative functioning of two distinct regulation processes: one that prevents prejudicial attitudes but which can have unexpected consequences on stereotyping within the Historic Laïcité context and one that helps realize prejudice within the New Laïcité context. From this analysis, we discuss the consequences for intergroup relations within and beyond the French context. In particular, we outline the importance of an adequate framing of egalitarian ideologies so that they achieve their goal to foster harmonious intergroup relations. (shrink)

When adopted in 1991, the French Loi Evin was pioneering as one of the first in the world to regulate alcohol marketing as extensively. This short contribution assesses whether it remains fit for purpose over 30 years later. To this effect, it assesses its main provisions, considers the legislative amendments that have ensued as well as the extensive interpretation French courts have given of its scope, before concluding that the prospects for its revisions are limited in the near (...) future. (shrink)

Can platforms close the governance gap in the sharing economy, and if so, how? Through an in-depth qualitative case study, we analyze the process by which new regulation and self-regulation emerge in one sector of the sharing economy, crowdfunding, through the actions of a meta-organization. We focus on the principal French sectoral meta-organization, Financement Participatif France. We show that this multi-stakeholder meta-organization not only closed the governance gap through collective legal, ethical, and utilitarian work but also preceded and shaped (...) the new market. We present a hybrid governance approach combining soft multi-agency regulation, self-regulation through a process of “partial meta-organizing”, and direct civil society participation. We expand the literature by highlighting features of platforms’ partial meta-organizing and by identifying conditions for successful joint regulation and self-regulation of the sector. (shrink)

Denunciations, disclosures and reporting: why do whistleblowing procedures create an ethical dilemma in French corporations? Since July 2006, the requirement that foreign multinationals listed on the New York Stock Exchange (NYSE) implement this practice has been met with stiff resistance in many French companies. French labor unions see this controversy as a clash between the French and Anglo-Saxon models of transparency. To understand the moral reticence of French companies towards whistleblowing, we investigate five distinct perspectives: (...) legal, economic, historical, philosophical and sociological. 1/ We first probe into the legal contradictions in French regulations and find in these paradoxes the symptoms of a national taboo. 2/We report on an economic survey, that gathers empirical data from 82 large French corporations, and analyzes different business sectors in France and the working population covered by a whistleblowing procedure. 3/ To elicit the etiology of this taboo, we return to the historical sources of the Dreyfus Affair and the Vichy regime, whose political traumas remain imprinted on the collective French memory. The linguistic confusion between the two French terms délation and dénonciation shows why whistleblowing is perceived in France more as an act of betrayal than of heroism. 4/ The philosophical roots of whistleblowing also shed light on the organizational behavior of French companies and the transparency they are struggling to promote. 5/Entangled in sociological ambiguities, we discuss why French companies see whistleblowing as a risk, not as a means to prevent risk. (shrink)

In his recent book, Recognition: A Chapter in the History of European ideas (2021), Honneth has explained how he understands the French concept of recognition. This article places Honneth's latest interpretation in the context of his long-standing and evolving engagement with French theory over several decades. Honneth acknowledges his significant debt to a French tendency to view recognition as a problem for self-realisation (and not an opportunity). Bourdieu's and Boltanski's account of how ambitions become limited by the (...) availability of capital and the internalisation of class was a major breakthrough in Honneth's intellectual development. Other formative French influences included the articulation of denigration in existentialist phenomenology, and the idea of regulative power in Foucault, with “deconstructive” asymmetrical care presented as productive but comparatively less important. The discussion also reveals why Honneth presents the “German” concept of recognition as having basic explanatory force (as an opportunity for self-realisation), and why he resists what he views as a French-influenced tendency (also present in some contemporary German critical theory) to depict recognition as ambivalent. The discussion reveals, on one hand, how working across perceived divides can be immensely productive, and, on the other hand, why a French-German divide remains entrenched in contemporary thinking. (shrink)

The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in home and (...) host state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Steven Fuller A FRENCH SCIENCE (WITH ENGLISH SUBTITLES) It is of no news to anyone with even a passing interest in the theoretical wranglings of literary critics that deconstruction is on the defensive. This is of special interest to an historian and philosopher of science such as myself because (with the notable exception of Frank Lentricchia's revisionist history of contemporary critical trends) ] most of the recent salvos (...) launched against deconstruction have been supplied by analytic philosophy.2 Indeed, some analytic philosophers have felt bold enough to enter the fray themselves. And as with other Anglo-American incursions into theoretical debates of continental origin, whatever is lost in subtlety and sheer ingenuity is made up for in clarity and commonsense. If there is one theme common to adi analytically inspired attacks on deconstruction, it is that critical method ought to be a systematic articulation of the intuitions of the average reflective reader. To be a literary critic is not to achieve esoteric insight into the uncommunicative nature of texts; rather, it is to become more fully aware of the many ways in which texts do communicate. While such advice may be reassuring, it is certainly not very "philosophical" in the sense of "deeply problematic" that deconstructionists would claim for the nature of texts. And the deconstructionists are right — so I believe. At least, I will try to show that the case for deconstruction, in all its radicalness, can be made with something of the clarity desired by analytic philosophers. A contentious critic might wonder, at this point, why the deconstructionists were not clear in the first place (thereby rendering this article superfluous). The reason, contrary to what certain "friends of deconstruction" in the analytic tradition would have us believe, is that there are few precedents in the recent history of philosophy for claims made by deconstructionists.3 It would indeed be faint praise to find, as Hacking and Rorty have maintained, that the theses of Barthes, Foucault, and Derrida were anticipated in the limpid prose style of a Quine, a Goodman, or a Kuhn.4 Why is the latter set of writers so clear, while the former set is so obscure? Our contentious critic might conclude diat clarity of style reflects a clarity of thought, and likewise for obscurity of style. In any case, both friends 2 Philosophy and Literature and foes of deconstruction tend to agree diat whatever is of value in the French texts may be derived with less effort by reading the American ones. The friends want to place deconstruction among several strains oftwentieth-century thought that would dissolve classical philosophy into a critical history of ideas, while the foes (more ingenuously perhaps) want to resume the business of practical criticism as usual and its attendant function (à la F. R. Leavis) of preserving Western Culture. Since the analytic devil can (and will) cite deconstructionist scripture for his own purposes, it is not clear that explicating Derrida will settle matters, especially since deconstruction gives an ironic twist to the search for what an author "had in mind" when he composed a particular text. It is, however, interesting to note that when one analytic philosopher recently presented a paradigm of literary criticism that allegedly compensated for the excesses of deconstruction, he resorted to Kantian talk about the intentions of the author being a "regulative ideal" toward which all responsible practical criticism aspires.5 This paradigm claims to owe to deconstruction the idea that, once an author is separated from his text, die reader becomes unable to verify any hypotheses about what the author meant by what he wrote. However, the evidence surrounding the text's composition (as well as the text itself) may be reconstructed so as to suggest a model of the audioes intentions. In that case, the explanatory adequacy of such a model would be relative to the evidence and methods available to the critic. And so, while the text certainly had a real audior who possessed a set of determinate intentions at the time ofwriting, mere is no reason to think that the most plausible model of the currendy available evidence picks out those intentions. What we have here is the first of two species of... (shrink)

This paper explores the role and impact of advertising in the French urban planning on citizens’ perception with a close examination of the implications and connections between citizens and outdoor advertising. Significant changes in quantity and form of outdoor advertising have been defined under French regulations. Our knowledge is now mass mediated in public spaces. More and more visible and gargantuan advertising signs surround and even invade our environment for strict commercial benefits. The ‘invasion’ of commercial signs (...) can be compared to a visual pollution affecting our perception, autonomy in thinking and health depending on the part of the population being considered. (shrink)

Whilst India has been debating how to regulate 'surrogacy' the UK has undergone a major consultation on increasing the amount of 'expenses'paid to egg 'donors', while France has recently finished debating its entire package of bioethics regulation and the role of its Biomedicine Agency. Although it is often claimed that there is no alternative to the neo-liberal, market-based approach in regulating (or not) reproductive medicine--the ideology prevalent in both India and the UK--advocates of that position ignore the alternative model offered (...) by France's tighter regulation, as well as its overarching concern with protecting the vulnerable and ensuring social justice. Whilst the concepts underpinning the French model of regulation also have their provenance in Western political philosophy and not in the developed world, they embody a very different attitude and suggest that there is indeed an alternative to letting the market decide. However, even in France that alternative is highly contested. (shrink)

In contemporary Western societies, birthing is framed as transformative for mothers; however, it is also a site for the regulation of women and the exercise of power relations by health professionals. Nursing scholarship often frames migrant mothers as a problem, yet nurses are imbricated within systems of scrutiny and regulation that are unevenly imposed on ‘other’ mothers. Discourses deployed by New Zealand Plunket nurses (who provide a universal ‘well child’ health service) to frame their understandings of migrant mothers were analysed (...) using discourse analysis and concepts of power drawn from the work of French philosopher Michel Foucault, read through a postcolonial feminist perspective. This research shows how Plunket nurses draw on liberal feminist discourses, which have emancipatory aims but reflect assimilatory practices, paradoxically disempowering women who do not subscribe to ideals of individual autonomy. Consequently, the migrant mother, her family and new baby are brought into a neoliberal project of maternal improvement through surveillance. This project – enacted differentially but consistently among nurses – attempts to alter maternal and familial relationships by ‘improving’ mothering. Feminist critiques of patriarchy in maternity must be supplemented by a critique of the implicitly western subject of maternity to make empowerment a possibility for all mothers. (shrink)

The effective implementation of regulation in organizations is an ongoing concern for both research and practice, in order to avoid deviant behavior and its consequences. However, the way compliance with regulations is actually enacted or “performed” within organizations instead of merely executed, remains largely under-characterized. Evidence from an ethnographic study in the compliance unit of a French investment bank allows us to develop a detailed practice approach to how regulation is actually implemented in firms. We characterize the work (...) accomplished by compliance analysts who are in fact, “curving” the script of regulation within what we conceptualize as a “comfort zone”. Beyond agency, ethics appears as a key element in linking the “letter of the law”, which serves as a referential anchor to guide action, with the complex nature of specific situations. We analyze the way individuals and compliance teams cope with, interpret, struggle and in fine, perform regulation within this comfort zone. A particular interest is thus given to the work of embedded ethics in this process, as an enabler to partly recouple compliance with the regulated activity. We find that blind execution is not only impossible, but also devoid of meaning both from regulatory, risk management, and business perspectives in organizations. We highlight and characterize a hermeneutic dimension to this work, essential to effectively perform regulation in complex environments, and we suggest some directions for further research. (shrink)

This is the short version, in French translation by Anne Querrien, of the originally jointly authored paper: Müller, Vincent C., ‘Autonomous killer robots are probably good news’, in Ezio Di Nucci and Filippo Santoni de Sio, Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. - - - L’article qui suit présente un nouveau système d’armes fondé sur des robots qui risque d’être prochainement utilisé. À la différence des drones qui sont manoeuvrés à (...) distance mais comportent une part importante de discernement humain, il s’agit de machines programmées pour défendre, attaquer, ou tuer de manière autonome. Les auteurs, philosophes, préfèrent prévenir de leur prochaine diffusion et obtenir des Nations Unies leur régulation. Une campagne internationale propose plutôt leur interdiction. (shrink)

France, a country with nearly 66 million inhabitants, contributed greatly to the construction of the European Union as one of the founder states. In 1957, the treaties establishing the European Economic Community and the European Atomic Energy Community were signed by Belgium, France, Germany, Italy, Luxembourg, and the Netherlands in Rome. Today, they are referred to as the “Treaties of Rome.” The French contribution to the EU has strongly influenced the political views on the development of Europe, notably pushing (...) for a large contribution of member states to the decision making processes and to the orientation of the EU policies. (shrink)

In this article, I explore how the ideas of French philosopher Emmanuel Levinas offer insights into a debate often held today in the field of corporate governance, concerning the relative merits of statutory and voluntary approaches to the regulation of business. The philosophical position outlined by Levinas questions whether any rule-based systematisation of ethical responsibility, either statutory or voluntary, can ever equate to a genuine responsibility for the other person. I reflect on how various authors have adapted Levinas’s philosophy (...) to form a critique of bureaucracy and rule following in business, and the lack of ethical authenticity in corporate codes. However, this article also considers the question of whether a theoretical separation can be made between an ethical responsibility based on sensibility (as is suggested by Levinas) and a rational conceptualisation of how one is required to act. Considering the difficulty of disentangling these notions of ethics, I return to the problem of corporate governance and suggest an approach to stakeholder conflict based on mediation and dialogue, which rules out neither principles of conduct nor an openness of responsibility to the Other. (shrink)

Despite continued social protest, something quite fundamental has changed in the regulation of class relations in France. This article explores two paradoxes of this transformation. First, a dense network of institutions of social dialogue and worker representation has become implanted in French firms at the same time as trade union strength has declined. Second, the transformation has involved a relaxation of centralized labor market regulation on the part of the state, yet the French state remains a central actor (...) in the reconstruction of the industrial relations system. Institutional reform of industrial relations could not take place without the active intervention of the state because employers and trade unions alone were unable to create durable industrial relations institutions. The collapse of trade unionism meant the need for new actors on the labor side and only the state could both create and confer legitimacy upon those new actors. (shrink)

Because research involving human subjects exposes people to risk not always for their own potential benefit, the question arises as to how best ensure that: research participants are protected and benefited according to the highest ethical standards, while, on the other hand, researchers are protected and free to do research that will produce clinical advances for both research participants and society as a whole.The balancing of the risk to research participants versus the benefits derived from the research is performed in (...) many counrries by a system for the protection of human research participants that is laid out in national laws and regulations. In the United States, this system is based on principles emanating from the Nuremberg Code, the World Medical Association Declaration of Helsinki,and the report of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (shrink)

This article focuses on the legal and organisational regulation of human cells in the United Kingdom and France. French Bioethics Law regulates human cells for health according to European Union law where it is enforceable. But products unregulated by EU law and based on human cells are never considered as medicinal products, given the strict implementation of the principle of “nonpatrimonialité” of the human body and its elements. By comparison, in the UK such products can be qualified as medicinal (...) products. Moreover, the setting up of the UK stem cell bank gives rise to the development of policies which expand the stem cell as a legal object. The paper discusses how these societies’ ethical and legal commitments underlie organisational practices in order to analyse the relationship between the existence (or not) of a national stem cell bank and the broader regulation of human cells. (shrink)

This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote media (...) and life publishing and help people make money in the process of inventing literary and life works, which can be achieved by granting them a series of intellectual property rights that represent different privileges. From the fundamental rights of people, which are psychologically and morally valid at one or more points in time. This leads us to delve deeper into these rights, which have been incorporated into civil subjects since the creation of some of them through exchanges between authors and publishers or those who own innovative objects. This returns to the ownership model of the target company. In this way, we will mainly discuss the issue of intellectual property rights and carefully discuss the specific rights divided between the French Civil Code and the Civil Code, and then turn our attention to the two themes of law and incentives. The Civil Code collapses. This consists of comparing the independence of intellectual property rights, mainly regulated by French and Iraqi civil laws, and secondly with some provisions of the model. (shrink)

In 1994, France passed bioethics laws regulating assisted reproductive technologies, organ donations and prenatal diagnosis. These laws were based upon a few principles considered as fundamental: the anonymity and gratuity of all donations concerning the elements of the human body, free and informed consent, and the interdiction of all commercial transactions on the human body. These laws have been the object of heated debates which continue to this day. On the basis on a few clinical ethics studies conducted by the (...) Center for clinical ethics at the Cochin Hospital in Paris, the articles presented in this special issues explore several aspects of the bioethics debate, and relate it to the more general question of the complex relationship between norms, practices and values. (shrink)

Conversely to the United States, lobbying consulting in France is a relatively recent activity and is perceived negatively by a majority of the population. Influencing public decision-making is certainly a sensitive occupation at both managerial and societal levels. This is why ethics applied to business can play a central role while establishing the practice of lobbying in France. This paper examines the issues and the practices of ethics in lobbying consulting. The field for this exploratory study is a lobbying consultancy (...) firm based in France. Our research is developed through a 3-month participant observation and complemented with secondary data on the lobbying profession in France. The results of this research are developed along two lines: The practice of ethics in lobbying consultancy firms reveals its limits as well as a framework worth developing. The players and the represented client topics are potential dangers for ethical lobbying firms. This intervention research has nevertheless allowed us to observe the emergence of an effective regulation approach: the ethics of exemplarity as potentially illustrated by a representative actor of the French lobbying consulting profession. The stakes of ethics are both internal and external to lobbying consulting professionals in France. Internally, ethics act as a structuring element enabling this profession to establish itself with practices and deontological codes; externally, it clarifies the relationship between lobbying consultants and their major stakeholders including customers, government, and the civil society. (shrink)

Federic Bastiat came on to the economic scene in 1844 and died in 1850. He filled the pages with his analyses of economic relations and the effects of government plunder, regulation and transfers. He fulfilled the first character of a scientist, he was unterrifed. Before his writings he had had a quarter century of study of economics. He immersed himself in the major economic writings of the discipline. The French economists, Cantillon, Quesnay, Turgot, Dupont, Condorcet, Condillac, Say, Destutt de (...) Tracy, some of them precursors of Adam Smith, had been the leaders in the science of economics. The two leading disciples of Say, Charles Dunoyer and Charles Comte, had edited the major Liberal periodical, le Censeur europeen, from which Bastiat drew his thinking. Bastiat, like Say and Destutt de Tracy, was translated and published in the United States. Bastiat has had his greatest impact during the second half of the twentieth century on American public opinion.Frédéric Bastiat apparut sur la scène économique en 1844 et mourut en 1850. Parmi ses écrits figurent ses analyses des relations économiques et les effets du pillage, des régulations et des transferts étatiques. Il avait le tempérament essentiel d’un scientifique, celui de ne pas avoir peur. Avant d’écrire, il avait étudié l’économie pendant un quart de siècle. Il s’immergea dans les écrits des principaux auteurs de la théorie économique. Les économistes français, Cantillon, Quesnay, Turgot, Dupont, Condorcet, Condillac, Say, Destutt de Tracy, dont certains furent des précurseurs d’Adam Smith, avaient été les chefs de file de la science économique. Les deux principaux disciples de Say, Charles Dunoyer et Charles Comte, avaient édité le principal périodique libéral, le Censeur Européen, qui inspira les écrits de Bastiat. Tout comme Say et Destutt de Tracy, Bastiat fut traduit en Americain. L’impact majeur de Bastiat se fit sentir sur l’opinion publique aux Etats-Unis durant la seconde moitié du vingtième siècle. (shrink)

This collection of essays considers the political, social, literary and artistic impact of the pervasive dichotomy of truth and lies in the context of French society and culture. A fundamental element of our social existance, the notion of le mensonge underpins how we participate in and respond to all aspects of society, from the political process to the capacity of art, literature and other aesthetic forms to fulfill a representative function. This book explores the ways in which French (...) society and culture is regulated by the overriding oppositional structure of truth and lies, and the impact this has on both collective and individual existence. The theme brings together research from diverse disciplines of the Humanities, from political science to literature, film, music and visual arts, in a work that will be of great relevance to a wide range of students and researchers alike. As such, the theme serves as a means of gaining an insight into the range and scope of research currently being conducted in French studies. The book will be useful as a support text for a range of academic courses including those in the fields of cultural studies, literary studies, political studies and sociology. On a larger scale, it posits the theme's potential to develop as an independent area of study, and offers a starting point for future academic study devoted to the idea of le mensonge. (shrink)

ABSTRACTAlthough a growing stream of research investigates the role of government in corporate social responsibility, little is known about how governmental CSR interventions interact in financial markets. This article addresses this gap through a longitudinal study of the socially responsible investment market in France. Building on the “CSR and government” and “regulative capitalism” literatures, we identify three modes of governmental CSR intervention—regulatory steering, delegated rowing, and microsteering—and show how they interact through the two mechanisms of layering and catalyzing. Our findings: (...) 1) challenge the notion that, in the neoliberal order, governments are confined to steering market actors—leading and guiding their behavior—while private actors are in charge of rowing—providing products and services; 2) show how governmental CSR interventions interact and are orchestrated; and 3) provide evidence that governments can mobilize financial markets to promote CSR. (shrink)

In 1946, the French constitution made colonial subjects in Africa into citizens. Having been content to rule ‘tribes’ via their ‘chiefs’, at that point it had to track individuals entitled to vote and receive social benefits. The new citizens retained their personal status — regulating marriage, filiation, and inheritance — under Islamic law or local ‘customs’ rather than through the civil code. That posed a dilemma for French officials, for the état-civil did not just record life events, but (...) symbolized the integration of all into a single body of citizens. French officials and legislators — including African representatives — could not agree on whether the multiple status regimes necessitated two états-civils or one. In the end, officials were too torn between their recognition of difference among peoples under French rule and their desire for singularity to put in place a consistent policy of identification, registration, and surveillance. They bequeathed the problem to their successors. (shrink)

Temporary work has expanded in the last three decades with adverse implications for inequalities. Because temporary workers are a constituency that is unlikely to impose political costs, governments often choose to reduce temporary work regulations. While most European countries have indeed implemented such reforms, France went in the opposite direction, despite having both rigid labor markets and high unemployment. My argument to solve this puzzle is that where replaceability is high, workers in permanent and temporary contracts have overlapping interests, (...) and governments choose to regulate temporary work to protect permanent workers. In turn, replaceability is higher where permanent workers’ skills are general and wage coordination is low. Logistic regression analysis of the determinants of replaceability—and how this affects governments’ reforms of temporary work regulations—supports my argument. Process tracing of French reforms also confirm that the left has tightened temporary work regulations to compensate for the high replaceability. (shrink)

In February 2021, the French Minister of Higher Education and Research, Frédérique Vidal, ordered an inquiry – to be led by the French National Centre for Scientific Research – about the alleged “Islamo-leftism” which, according to her, was corrupting French academia. Vidal's concern was, purportedly, to distinguish “what falls under academic research and what falls under militancy and opinion”. She had in mind, in particular, recent interdisciplinary fields in the social sciences, such as Postcolonial Studies. Her statements (...) caused a controversy in French academia as well as outside. The goal of this paper is to present this controversy and analyse it in light of the philosophical literature on autonomy of, and values in, science. After recalling the political and institutional context of the controversy, I present Vidal’s intervention and various reactions to it, which can roughly be classified pro and contra Vidal's statements. I then provide a philosophical discussion of the controversy, by recalling the philosophical debate to which it is related, and analysing the assumptions, arguments and actions of both camps. I show in particular that a political intervention inside the very production of academic knowledge implies a strong risk of censorship, and that letting academia self-regulate itself with respect to the validation of knowledge remains the best way to go. I conclude with the deeper questions raised by this controversy: the social role of universities, and the institutional aspects of scientific knowledge validation. (shrink)

The starting point for studying the Croatian constitutional democracy is the adoption of the Constitution of the Republic of Croatia on 22 December 1990. The said Constitution defines the system of government as semi-presidential and its authors state as their model the Constitution of the Fifth Republic. However, the importing, in 1990, of French constitutional provisions was not neutral since the original French constitutional text was stripped of institutional obstacles, constitutional institutions for opposing the will of the President (...) of the Republic, constitutional-law conditions for the Prime Minister's primacy in the political system in case of co-habitation and discrepancies between the parliamentary and the presidential majority. The text was complemented by constitutional norms unknown to the original. French constitutional norms had to be put to good use, interpreted in line with and legally adapted to the desired political goal, i.e., the establishment of an effective state government in which the primacy of the President of the Republic would assert itself over both the Government and the legislature. The myth on the semi-presidential system was drawn on for both the adoption of the provisions regulating the organisation of government in the 1990 Constitution of the Republic of Croatia and their amendment in 2000. (shrink)

In 1677, France took the slave trading island of Gorée located off the coast of Senegal from the Dutch and, less than a decade later, drafted Le Code Noir to formally provide regulations for slave owning practices. This document—created in response to the rapid expansion of the slave economy in French Caribbean possessions made possible by France's position in West Africa—marked the beginning of French involvement in the slave trade. The comparison of French travel narratives written (...) before and after Le Code Noir, shows that, although the descriptions of Sub-Saharan Africa tended to be universally derogatory and Eurocentric, it was not until France became deeply involved in the slave trade that the specific characterization of Africans as lazy emerged. By correlating published descriptions of African laziness with France's growing participation in the slave trade, this paper argues that these portrayals were used to justify slavery to a French public far removed from Africa, Africans, and the ugly realities of the slave trade. (shrink)

The preface to the French Civil Code of 1804 announced a New Order based on Right Reason and the political-legal values of the French Revolution, in an attempt to replace the role which churches had traditionally played in the morality of society. Moreover, the new civil law was presented as a substitute for moral law and religion with the aim of taking their place in that burgeoning society. One-dimensional law came into being in order to regulate all aspects (...) of life and was ultimately to do away with the sin/crime dichotomy..Key words: Law, religión, sin, crime. (shrink)

During the last four decades, the general shift towards flexible accumulation of capital has led to a growing requirement for an increased mobility of labour which greatly affects the restructuring of post-industrial cities today. Using a historical perspective to enlighten the contrast with the period of industrialization when urban planning was, on the contrary, aimed at fixing a large workforce within the city, I argue that the current transformations of urban landscapes one can observe within French cities signal a (...) consequent shift in the regulation of mobilities in the French post-industrial cities. The tactics aiming at regulating the mobilities at a narrow scale have disappeared in favour of a strategy aiming at adapting the city to the requirements of time and space compression through a simultaneous acceleration and rescaling (from the urban and the labour pool to the city-region and the transnational) of the daily mobilities. This shift in the regulation of urban mobilities reflects the recent evolution of the nature of urban power of the French post-industrial cities. (shrink)

From the 1660s onwards, France tried to establish itself as a leading maritime and colonial power. The first French East India Company allowed a decisive penetration into the Indian Ocean, while the foundation of the Rochefort arsenal was the starting point of a great shipbuilding effort. The archives of the State Secretariat of the French Navy, ports, and learned societies, as well as printed scholarly literature, testify to an increasing mobilisation around the health of the “gens de mer.” (...) Most of the actors involved in this reflection, whether doctors or surgeons, naval officers or engineers, scholars or inventors, agreed in associating seamen's diseases with the poor air quality prevailing within ships. The environment of seafarers was thus definitely regarded as harmful. However, the atmosphere of a ship was also seen through the possibility to reshape it and reduce its dangerousness, with adapted behaviours, careful maintenance, or technical solutions. This was crucial to ensure the circulation of human beings and goods across the French overseas empire, but also to defend it from the threats associated with the major conflicts of the second half of the 18th century. This article highlights how environments regarded as “pathogenic” were conceived and reshaped during the second half of the early modern period in France, using the example of naval hygiene. It examines the strategies designed and implemented to combat the “noxious” air of French ships, in particular through the regulations introduced since the end of the 17th century, and considers how this issue has stimulated the search for technological solutions. (shrink)

This article analyses jurisdiction regarding administrative proceedings (lawsuits) in Jordan and France. Moreover, it also discusses the fact that jurisdiction regulates two matters of the utmost importance: the distribution of jurisdiction between ordinary and administrative jurisdictions and the distribution of jurisdiction between administrative jurisdictions themselves in States whose jurisdiction in administrative proceedings is distributed to more than one administrative organ. Moving on, this research was conducted using several research approaches such as, the comparative and analytical approach. The research concluded with (...) a number of conclusions and recommendations, the most important of which was the establishment of an Administrative Proceedings Management Service (APMS), as did the French Administrative Judicial Code, in which attendance was compulsory. To add on, the office of the Administrative Proceedings Administration must have a judge of its own, which corresponds to the post of the judge in the French Administrative Court. The judge will handle the completion of the data regarding both lawsuit parties, and request the documents needed for the case at hand. With that being said, the Jordanian Constitutional Court must reverse its interpretative decision, stating that the administrative justice is part of the ordinary judiciary—in referral to The Constitutional Court’s interpretation of the provisions of the Constitution, which considered the administrative judiciary as an integral part of the ordinary judiciary. Lastly, the research concluded that The French Administrative Judiciary must be taken into consideration regarding the establishment of an administrative judiciary independent from all aspects of the ordinary judiciary, and the explicit introduction of the dual judicial system. (shrink)

This article analyzes how the family policing/regulation system utilizes disorientation as a tool to implement successive stages of surveillance, coercion, and control and to tear apart Black families while capturing children in the foster system. Through specific examples based on both the author’s own experiences and those she has witnessed in her work, the process of how families are targeted and ensnared in the family policing/regulation system becomes visible.

Based on seventeenth- and eighteenth-century accounts written by and for slavers, this article investigates the provisioning of the French Middle Passage. As the transatlantic trade in African captives developed, foodstuffs for the feeding of both Europeans and Africans figured prominently in a specifically Atlantic system of commodity exchanges. The trade in foodstuffs depended most heavily on African subsistence systems encountered along the coasts of West Africa, but a surprising quantity of French and other European foodstuffs were embarked specifically (...) for the Middle Passage, revealing, I argue, the precariousness of conditions of trade and of European slaving factories. As a key element of Atlantic political economy, the study of food and its transatlantic provisioning networks sheds light not only on the governance and regulation of the networks themselves, but also on the ability of early modern states to establish and maintain metropolitan control, on the growth of local, colonial forms of autonomy and authority, and on the complex systems of ‘national’ and colonial interdependence that lay behind the expansion of every Atlantic colony. I conclude that this study of provisioning demonstrates that however fractured and differentiated, imperial power was an irrefutable aspect of colonial continuity. (shrink)

The confrontations of stakeholder visions about agriculture and food production has become a focal point in the public sphere, coinciding with a diversification of agrifood models. This study analyzes the debates stemming from the coexistence of these models, particularly during the initial term of neoliberal-centrist Emmanuel Macron’s presidency in France. Employing collective monitoring from 2017 to 2021, a corpus of 958 online news and blog articles was compiled. Using a computational analysis, we reveal the framings and controversies emerging from this (...) media discourse. The macro-structuring of discourse on model coexistence revolves around scientific, economic and political framings. Coexistence is a complex of debates based on specific frames associated with specific arenas and actor configurations: growth of organic agriculture, transformations of agrifood systems, sciences of production and impacts, livestock and meat diet controversies, agroecological innovations, CAP reform criticism, discourse of peasant agriculture and State-Profession _co-gestion_. Employing global sentiment analysis and focusing on salient controversies, namely EGAlim law, pesticide regulations, and agribashing, we show the shift from conciliation to a hardening of debates. Finally, we discuss the causes and consequences of this trend. The political will to support the transition of agriculture remains influenced by the _co-gestion_ system, an inherited configuration of decision-makers instrumental in the agricultural modernization. As a consequence, significant agricultural challenges, particularly highlighted in the scientific macro-frame, persist unresolved. This lock-in of the agrifood system is based on defensive strategies that challenge the democratic debate about food and agricultural practices. (shrink)

This corpus analysis of linguistic and semantic features in French parliamentary debates concerning online hate speech regulation, highlights tensions between state powers and private rights. Two key themes are identified: first, the _problem of definition_: how such online content is defined in the debates, and second, the _problem of regulation_: how the debates negotiate the supra-jurisdictional and individual jurisdiction issues involved, in regulating both the global online content and the responsibilities of the owners of the platforms who manage the (...) content. For this analysis, the authors created a corpus of French National Assembly Examination Committee discussions and public sessions between July 2019 to January 2020 discussing the _Loi Avia _(Avia Law). The corpus was analysed using quali-quantitative methods. Overall, the study combines a top-down (global) and a bottom-up (local) analysis of the data, applying corpus semantic approaches (Lecolle et al. in Langages 210(2):35–54, 2018; Rastier in The Routledge handbook of semantics, Routledge, pp 507–522, 2015) to contextualize the analysis of the meta-discourse (Hyland in Meta-discourse: exploring interaction in writing, 1st ed. Bloomsbury Academic, Bloomsbury Collections, 2018. https://doi.org/10.5040/9781350063617 ). The analysis highlights the linguistic features revealing the power dynamics inherent within the discourse and counter-discourse of the dominant and opposition political parties respectively. (shrink)

The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis "Franchising in European Contract Law" focuses on the harmonised Principles on Franchising. At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization of (...) contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law. The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty. (shrink)

Next SectionObjectives A statute enacted in 2005 modified the legislative framework of the rights of terminally ill persons in France. Ten years after the EURONIC study, which described the self-reported practices of neonatal caregivers towards ethical decision-making, a new study was conducted to assess the impact of the new law in neonatal intensive care units (NICU) and compare the results reported by EURONIC with current practices. Setting and design The study was carried out in the same two NICU as in (...) the EURONIC qualitative study. A third centre was added to increase the sample size. From February to October 2007, 19 physicians and 17 nurses participated in semistructured interviews very similar to those for EURONIC. Content analysis identified the recurring themes emerging from the interviews. Results Compared with the EURONIC results, the caregivers reported that they pay greater attention to the views of parents and provided respectful support to the neonates when life-sustaining treatment is withdrawn. Active termination of life has become exceptional. The possibility of withdrawal of treatment, the administration of sedatives to control pain even at the risk of hastening death, the emphasis on sparing parents the burden of decision, and the relative ignorance of the law were very similar to the EURONIC findings. Conclusion Both the medical and the legal regulation of practices has allowed more dialogue with the parents and more humane care for dying newborns. A new European study is necessary to investigate the possible changes in practices and attitudes also in other countries. (shrink)

We explore one aspect of the structure of a codified legal system at the national level using a new type of representation to understand the strong or weak dependencies between the various fields of law. In Part I of this study, we analyze the graph associated with the network in which each French legal code is a vertex and an edge is produced between two vertices when a code cites another code at least one time. We show that this (...) network distinguishes from many other real networks from a high density, giving it a particular structure that we call concentrated world and that differentiates a national legal system (as considered with a resolution at the code level) from small-world graphs identified in many social networks. Our analysis then shows that a few communities (groups of highly wired vertices) of codes covering large domains of regulation are structuring the whole system. Indeed we mainly find a central group of influent codes, a group of codes related to social issues and a group of codes dealing with territories and natural resources. The study of this codified legal system is also of interest in the field of the analysis of real networks. In particular we examine the impact of the high density on the structural characteristics of the graph and on the ways communities are searched for. Finally we provide an original visualization of this graph on an hemicyle-like plot, this representation being based on a statistical reduction of dissimilarity measures between vertices. In Part II (a following paper) we show how the consideration of the weights attributed to each edge in the network in proportion to the number of citations between two vertices (codes) allows deepening the analysis of the French legal system. (shrink)

This review-essay offers an extended engagement with Fernando Ignacio Leiva’s Latin American Neostructuralism, one of the most important contributions to contemporary Latin-American political economy. It situates Leiva’s critique of neostructuralism against the wider backdrop of Latin America’s contradictory turn to the Left since the late 1990s, and compares the treatments of change in Latin-American capitalism over the course of the twentieth and early twenty-first centuries developed by the schools of classical structuralism, neostructuralism, and neoliberalism. The essay finds that Leiva’s critique (...) of neostructuralism and his explanation for its influence on large segments of the region’s Left is the best work on the topic currently available in English. Leiva systematically demolishes neostructuralism’s claim to be a progressive alternative to neoliberalism. At the same time, it is argued that Leiva’s theoretical framework is compromised by its uncritical adoption of categories from French regulation-theory, and its nostalgia for elements of classical structuralism and its associated development-model of import-substitution industrialisation. Further, it is found that Leiva’s implicit attachment to certain myths propagated by the Marxism of the Second and, especially, Third Internationals regarding the national bourgeoisie’s role in Third-World capitalist development leaves him unduly dogmatic about the necessity, and unduly optimistic about the possibility, of building a progressive stage of capitalism in Latin America today. The same mythologies prevent Leiva from drawing the appropriate conclusions as regards the urgent necessity of rebuilding the socialist project in Latin America and internationally. (shrink)

In March 2004 the French parliament controversially adopted legislation regulating the wearing of symbols indicating religious affiliation in public educational establishments. This note discusses several features of the new law indicating its origins, its rationale and its position within French constitutional discourse on religious freedom and secularity. It is based on a panel discussion held in April 2004 within the Gender Studies Programme at the Robert Schuman Centre for Advanced Studies, European University Institute, Florence. Placing the French (...) legislative initiative in the context of recent developments in national and European case law (suggesting clear limitations to freedom of religion), the note explores the complexity of issues of gender, identity and difference in the present debate, especially when considered in the light of reactions to the law in Islamic countries. (shrink)

The French school of theoretical biology has been mainly initiated in Poitiers during the sixties by scientists like J. Besson, G. Bouligand, P. Gavaudan, M. P. Schützenberger and R. Thom, launching many new research domains on the fractal dimension, the combinatorial properties of the genetic code and related amino-acids as well as on the genetic regulation of the biological processes. Presently, the biological science knows that RNA molecules are often involved in the regulation of complex genetic networks as effectors, (...) e.g., activators, inhibitors or hybrids. Examples of such networks will be given showing that there exist RNA “relics” that have played an important role during evolution and have survived in many genomes, whose probability distribution of their sub-sequences is quantified by the Shannon entropy, and the robustness of the dynamics of the networks they regulate can be characterized by the Kolmogorov–Sinaï dynamic entropy and attractor entropy. (shrink)

This article considers the appropriate limits of legal regulation through an analysis of the 2010 French law banning the wearing of full-face veils in public. The author examines the law from the perspective of John Stuart Mill's harm principle and Patrick Devlin's legal moralism. The author concludes that neither position provides a convincing justification for the French law.

A prolonged confrontation between Yahoo! Inc. and French activists who demand the removal of Nazi items from auction sites as well as restricted access to neo-Nazis sites is described and analyzed. We present the case up to the decision of Yahoo! Inc. to remove the items from yahoo.com following a French court's verdict against the firm. Using a business ethics approach, we distinguish legal, technical, philosophical and managerial issues involved in the case and their management by Yahoo! We (...) conclude on the difficulty of governing relations with society from corporate and legal affairs departments at the headquarters level, and on the clash of two visions over the regulation of social freedom. (shrink)

The French school of theoretical biology has been mainly initiated in Poitiers during the sixties by scientists like J. Besson, G. Bouligand, P. Gavaudan, M. P. Schützenberger and R. Thom, launching many new research domains on the fractal dimension, the combinatorial properties of the genetic code and related amino-acids as well as on the genetic regulation of the biological processes. Presently, the biological science knows that RNA molecules are often involved in the regulation of complex genetic networks as effectors, (...) e.g., activators, inhibitors or hybrids. Examples of such networks will be given showing that there exist RNA “relics” that have played an important role during evolution and have survived in many genomes, whose probability distribution of their sub-sequences is quantified by the Shannon entropy, and the robustness of the dynamics of the networks they regulate can be characterized by the Kolmogorov–Sinaï dynamic entropy and attractor entropy. (shrink)

The first comprehensive analysis of the philosophical issues raised by the hijab controversy in France, this book also conducts a dialogue between contemporary Anglo-American and French political theory and defends a progressive republican solution to so-called multicultural conflicts in contemporary societies. It critically assesses the official republican philosophy of laïcité which purported to justify the 2004 ban on religious signs in schools. Laïcité is shown to encompass a comprehensive theory of republican citizenship, centered on three ideals: equality (secular neutrality (...) of the public sphere), liberty (individual autonomy and emancipation) and fraternity (civic loyalty to the community of citizens). Challenging official interpretations of laïcité, the book then puts forward a critical republicanism which does not support the hijab ban, yet upholds a revised interpretation of three central republican commitments: secularism, non-domination and civic solidarity. Thus, it articulates a version of secularism which squarely addresses the problem of status quo bias - the fact that Western societies are historically not neutral towards all religions. It also defends a vision of female emancipation which rejects the coercive paternalism inherent in the regulation of religious dress, yet does not leave individuals unaided in the face of religious and secular, patriarchal and ethnocentric domination. Finally, the book outlines a theory of immigrant integration which places the burden of civic integration on basic socio-political institutions, rather than on citizens themselves. Critical republicanism proposes an entirely new approach to the management of religious and cultural pluralism, centred on the pursuit of the progressive ideal of non-domination in existing, non-ideal societies. (shrink)

In eighteenth-century French natural history, the notion of preformation was not only a model for a small preexisting embryo that gradually extended its shape through the influx of particles, but also for an order that coordinated the dynamic relation between organic parts. Preformation depended therefore also on a hidden order behind the continuity of visible forms. Louis Bourguet, Charles Bonnet, and Georges Cuvier distinguished three organizational levels: First, the synchronic or functional order of organic systems; second, the diachronic order (...) of the initiation of mechanical processes; and third, the hierarchical order that regulates the interaction of organic parts. In this essay, I reconstruct and compare the three organizational levels in the writings of Bourguet, Bonnet and Cuvier, relate their models of organic unity to the principle of perfection, and contrast these models with Georges Buffon's critique of system theories. (shrink)

During the late 1940s and 1950s, radioisotopes became important resources for biological and medical research. This article explores the strategies used by French researchers to get access to this material, either from the local Atomic Energy Commission (CEA) or from suppliers in the United States or United Kingdom. It focuses on two aspects of this process: the transatlantic circulation of both isotopes and associated instrumentation; the regulation of use and access by the administrative bodies governing research in France. Analyzing (...) the investigations conducted within laboratories associated either with the atomic energy agency or with the local National Institute of Health (INH), the paper discusses the part played by the new tools in the postwar transformation of biomedical research. It contrasts the INH successful development of biological studies and metabolic tracing with the mixed results of CEA in advancing cancer radiotherapy, thus highlighting locally defined "normal paths" to radiobiology. (shrink)