scholarly journals Les invalides dans la littérature juridique, autour des représentations de la dette patriotique

2021 ◽  
Author(s):  
Éric MARTINENT

he function of poetry is to express what cannot be apprehended without the thickness of the lived, to reveal, denounce or celebrate. It thus humanizes the overly bureaucratic taxonomies or classifications of forensic medicine and standards. The poetry of law allows a linguistic humanity where disability or dependence is the other of ourselves. The idea of the recognition of fragility and otherness; of the right to compensation was in no way the order of evidence for the wounded and disabled of war. The asylum for the disabled was a place of military discipline before becoming a place of reception and care. The pension was a reward of no value other than military before it had any economic value. Indeed, the poetry of law has pitted the party of the debt of blood and patriotic debt against that of the debt of the nation and the sacred debt of protection for the guardians of the City. It is this sacred debt that the nation owes that has to be put into perspective in this article. Of this debt which it is impossible to liquidate without extra care and humanity because it is irretrievably more than a debt.

GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 


GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 


Author(s):  
Paul A. Bramadat

One warm Sunday evening in September 1993, I found myself walking aimlessly around the McMaster University campus. Earlier the same week, I had seen a poster advertising “Church at the John,” an event organized by the McMaster chapter of the Inter-Varsity Christian Fellowship (IVCF). Since I was academically interested in conservative Protestantism, and since at that point I knew no one in the city, I decided, for lack of other options, to attend this meeting. What I found there fell completely outside my expectations, prompted an elaborate series of questions, and ultimately resulted in the present book. Since I assumed that the meeting would be small, I worried that being ten minutes late might draw unwanted attention to my presence. As I descended the stairs of the Downstairs John (or simply “the John”), McMaster’s largest student bar, I could hear the noises of a large group of people. I thought I might have misread the poster a few days earlier; when I entered the bustling room, I was virtually certain I had. Except for the well-lit stage at one end of the room, the John was dark, and almost six hundred people were crowded into a space designed for no more than four hundred and fifty. The room was narrow and long, with a low stage at one end, pool tables at the opposite end, and a bar along the side of the room. People were standing and sitting in the aisles, on the bar, and against the walls beneath the bikini-clad models and slogans that festooned the neon beer signs. I discreetly asked one person who was standing against the wall if this was the right room for the IVCF meeting, and he replied that it was. I looked at him more intently to determine if he was joking, but he just smiled at me politely and bowed his head. After a few confusing moments, I realized he was praying. I turned away from him and noticed that all the other people in the room had bowed their heads in a prayer being led by a demure young woman on the stage.


Author(s):  
Barbara A. Hanawalt

London’s civic world included the Thames and the city walls, the main market (Cheapside), the Guildhall, major churches, wards, and parishes, the physical features that had a role in the city’s ceremonial life. Social divisions played a crucial role in urban life. To be “free of the city” (citizens or freemen) was a franchise limited to those who completed apprenticeships or bought the right. The number of freemen was a small fraction of the population, and among them, the members of the elite who governed was even smaller. London’s society was hierarchical at every level, with elites taking leadership positions in government and in the gilds. Londoners were loyal and curious about their history. They kept books with stories of its creation and major events and documents. The proximity of the Tower on one side and Westminster on the other were influential in London’s relationship with the crown.


2006 ◽  
Vol 09 (05) ◽  
pp. 801-824
Author(s):  
ROSE NENG LAI ◽  
SEOW ENG ONG ◽  
TIEN FOO SING

The right of lenders to request for top-ups of negative equity when the property value falls below the loan outstanding is a little known, yet widely adopted provision in mortgage documents in many Asian markets. We analyze the effect of the top-up option by appealing to a contingent claim framework. Specifically, we model the top-up option as a synthetic option comprising a long put to request for a top-up, a short put that cancels out the first option in the event of a default, and a binary put option once triggered will yield a value equivalent to the difference between the mortgage outstanding and the property value. The results of comparative analyses show that the lender's right to request for top-ups is valuable when the negative mortgage equity increases, especially in a market where price is highly volatile. The top-up clause fundamentally affects the mortgage values for both the borrower and the lender. We show that lender's inaction by not calling for top-ups when negative mortgage equity occurs is suboptimal. On the other hand, the lenders' exercise of the in-the-money top-up options may lead to early default by the mortgagor. This is one of the reasons why lenders exercise this option only very sparingly in practice. This mortgage design has economic value to the lenders, it is, however, not optimal in time of volatile market. The policy implication of the findings is that the sub-optimal top-up feature should be removed from the mortgage contract, and it will not severely jeopardize the lender's ability to enforce payments in the mortgages.


2018 ◽  
Author(s):  
Rob Kitchin

This paper considers, following David Harvey (1973), how to produce a genuinely humanizing smart urbanism. It does so through utilising a future-orientated lens to sketch out the kinds of work required to reimagine, reframe and remake smart cities. I argue that, on the one hand, there is a need to produce an alternative ‘future present’ that shifts the anticipatory logics of smart cities to that of addressing persistent inequalities, prejudice, and discrimination, and is rooted in notions of fairness, equity, ethics and democracy. On the other hand, there is a need to disrupt the ‘present future’ of neoliberal smart urbanism, moving beyond minimal politics to enact sustained strategic, public-led interventions designed to create more-inclusive smart city initiatives. Both tactics require producing a deeply normative vision for smart cities that is rooted in ideas of citizenship, social justice, the public good, and the right to the city that needs to be developed in conjunction with citizens.


2019 ◽  
Vol 54 (1) ◽  
pp. 27-50
Author(s):  
Sarbani Sharma

While much has been said about the historicity of the Kashmir conflict or about how individuals and communities have resisted occupation and demanded the right to self-determination, much less has been said about nature of everyday life under these conditions. This article offers a glimpse of life in the working-class neighbourhood of Maisuma, located in the central area of the city of Srinagar, and its engagement with the political movement for azadi (freedom). I argue that the predicament of ‘double interminability’ characterises life in Maisuma—the interminable violence by the state on the one hand and simultaneously the constant call of labouring for azadi by the movement on the other, since the terms of peace are unacceptable.


2019 ◽  
Vol 26 (2) ◽  
pp. 190
Author(s):  
Novia Rianti

Space rights agreement is a part of lease agreement. Leasing is an agreement that gives a right called individual rights. It is because the right to lease arises from an agreement between one legal subject to another. Thus, this right can only be accountable to the opponent of the contract in accordance with the principle of privity of contrac. A lease agreement aims at providing the right only to use the property, and not to own it. Therefore, lease agreement only gives individual rights, not property rights. On the other hand, as we know, fiduciary provides object guarantees, which is included in constitutum possessorium (the object transferred remains within the control of the fiduciary giver). The air rights, the market stall, from the agreements of rights granting, are clearly included in individual rights, rather than property, which should not be imposed on fiduciary guarantees. This research is conducted by applying doctrinal research. It adapts statute approach, conceptual approach, and case study for its methodological problem approach. This study analyzes the market stall usage rights as an object from the perspective of security laws and Fiduciary on the usage rights upon a market stall by banks. The results of the research showed that by reviewing it further using air rights perspective, the air rights upon a market stall were included in lease rights. The right to use the stall is not property rights, but is an individual right. It is based on the law of lease rights. In addition, the debtor, as the tenant, only controls the leased objects to make use of it, not for the purpose of owning it. In that way, the lease itself does not result in property rights. However, if it is reviewed further based on the air rights, this can be categorized as an object with security laws, because the air rights fulfill the requirements as an object that can be guaranteed. It is because it has economic value and can be transferred, even though it is approved by another party. Since the air rights are individual right, it cannot be used as a guarantee for pawn, mortgage, and Fiduciary.


2016 ◽  
Vol 15 (1) ◽  
pp. 113
Author(s):  
Mufdlilah Mufdlilah ◽  
Kanthi Aryekti

Family planning programs have a strategic, comprehensive and fundamental role in achieving a healthy and prosperous Indonesia. Efforts to deny pregnancy can be done by the use of contraceptives, but not all husbands agree to the use of contraceptives. What happens is drop outs of the acceptor. Women who are of productive and childbearing age, and the right to use contraceptives, as it is an important and necessary right. While it protects women’s health, contraceptives require the husband’s support to prevent dropouts and in selecting the proper contraceptive. Planned Parenthood service must be made through informed choice and consent of the couple, in order to avoid human rights violation, especially in the choice of contraceptives. The incidence of dropouts remains high for several reasons. This study was conducted to determine the role of husband support in incidents of dropouts in villages and the city. It is a descriptive research. The population in this study are acceptors drop out for 3 consecutive months, and are not pregnant. A sample of 100 people, and collection of data with a closed and open questionnaire, is presented descriptively. Husbands support the incidence of drop -out in the village and in the town due of the side effects at a rate of 38%, the husband does not support his wife KB 22 %, the other - the other 22 %, the husband does not receive contraceptive family planning in cities 82 % in rural 74 %, the husband asks stop KB in the city 48 % rural 60 %, the husband providing cost planning in the village 42 % in the city 34 %, the husband does not support the use of contraceptives in the city 38 % rural 38 %. In conclusion, increasing the support of her husband, improve mentoring and coaching acceptor drop out to be willing to use contraception again. Support includes acceptance of family planning services for the husband against wife in the city is higher than in the village.


2012 ◽  
pp. 25-46
Author(s):  
Edoardo Salzano

This article explains how history is the teacher of life, by illustrating the context in which the right to the city emerged in Italy in the late 1960s, declined in the 1980s, when a new vision of society and new values triumphed, and attempts now to rise again through the claims of new urban movements as a mean to criticize, resist and replace the urban imaginary sustained by neoliberalism. It is argued that the myriad incidents that arise from below, expressing individual suffering, the deterioration of the physical environment, the danger to human health, the loss of services and communal spaces and the precarious status of employment can be transformed into a common action and embodied by the imaginary of the "city as a common good". This, in turn requires a planning process that forgoes the objectives and privileges of real estate interests, the growing economic value of indiscriminate urbanised development regardless of any real social priorities. Instead it has to embrace the welfare of present and future populations, in terms of health, access to resources, common goods, both natural and historical, regardless of social, cultural, or economic conditions.


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