Suchergebnisse

The main topic of our dissertation is the analysis of the phenomena of the codification and the reform of the Kabyle customary law which took place during the French colonial era.The codification and the reform are two keywords of the colonial law history of the french Second Colonial Empire. Kabyle's customary law (droit coutumier) was the result of the codification of Kabyle's customs that was made by a soldier, Adolphe Hanoteau and a judge, Aristide Letourneux. The result of this codification was a treatise of three volumes entitled La Kabylie et les coutumes kabyles. This customary law was officially recognized by the french colonial legislation by means of Article 2 od the Decree of August 29, 1874. This official recognition of Kabyle customs creates a special legal status, the Muslim indigenous ruled by Kabyle's customary law. The Kabyle's customs codified by the military were subsequently reformed by the civil regime. The first customs that have been reformed was the chefaa, followed by the guardianship of the Kabyle minors through the decree of the 01 June 1902 and the Kabyle's customs in matters of divorce and inheritance rights of Kabyle women though the decrees of May 2nd and 19th, 1931.Our thesis is divided into two parts. In the first part, we have described the reason of the codification of Kabyle's customs. We focused on the policy of the Arab Bureaux in Kabylia and the way in which the kabyle customs were written in the work of Hanoteau an Letourneux, entitled La Kabylie et les coutumes kabyles.In the second part of the thesis, we focused on the period of the civil regime (1871-1931) and the case law as well as the legislation that reformed the Kabyle's customs regarding chefaa, guardianship of minors and the status of women. A final chapter is dedicated to the analysis of the postcolonial heritage of the French colonial legislation in the Algerian legal system during the years 1962-1975, as well as in the current French overseas law in Mayotte and in New Caledonia. ; Notre thèse a comme sujet ...

The main topic of our dissertation is the analysis of the phenomena of the codification and the reform of the Kabyle customary law which took place during the French colonial era.The codification and the reform are two keywords of the colonial law history of the french Second Colonial Empire. Kabyle's customary law (droit coutumier) was the result of the codification of Kabyle's customs that was made by a soldier, Adolphe Hanoteau and a judge, Aristide Letourneux. The result of this codification was a treatise of three volumes entitled La Kabylie et les coutumes kabyles. This customary law was officially recognized by the french colonial legislation by means of Article 2 od the Decree of August 29, 1874. This official recognition of Kabyle customs creates a special legal status, the Muslim indigenous ruled by Kabyle's customary law. The Kabyle's customs codified by the military were subsequently reformed by the civil regime. The first customs that have been reformed was the chefaa, followed by the guardianship of the Kabyle minors through the decree of the 01 June 1902 and the Kabyle's customs in matters of divorce and inheritance rights of Kabyle women though the decrees of May 2nd and 19th, 1931.Our thesis is divided into two parts. In the first part, we have described the reason of the codification of Kabyle's customs. We focused on the policy of the Arab Bureaux in Kabylia and the way in which the kabyle customs were written in the work of Hanoteau an Letourneux, entitled La Kabylie et les coutumes kabyles.In the second part of the thesis, we focused on the period of the civil regime (1871-1931) and the case law as well as the legislation that reformed the Kabyle's customs regarding chefaa, guardianship of minors and the status of women. A final chapter is dedicated to the analysis of the postcolonial heritage of the French colonial legislation in the Algerian legal system during the years 1962-1975, as well as in the current French overseas law in Mayotte and in New Caledonia. ; Notre thèse a comme sujet ...

The main topic of our dissertation is the analysis of the phenomena of the codification and the reform of the Kabyle customary law which took place during the French colonial era.The codification and the reform are two keywords of the colonial law history of the french Second Colonial Empire. Kabyle's customary law (droit coutumier) was the result of the codification of Kabyle's customs that was made by a soldier, Adolphe Hanoteau and a judge, Aristide Letourneux. The result of this codification was a treatise of three volumes entitled La Kabylie et les coutumes kabyles. This customary law was officially recognized by the french colonial legislation by means of Article 2 od the Decree of August 29, 1874. This official recognition of Kabyle customs creates a special legal status, the Muslim indigenous ruled by Kabyle's customary law. The Kabyle's customs codified by the military were subsequently reformed by the civil regime. The first customs that have been reformed was the chefaa, followed by the guardianship of the Kabyle minors through the decree of the 01 June 1902 and the Kabyle's customs in matters of divorce and inheritance rights of Kabyle women though the decrees of May 2nd and 19th, 1931.Our thesis is divided into two parts. In the first part, we have described the reason of the codification of Kabyle's customs. We focused on the policy of the Arab Bureaux in Kabylia and the way in which the kabyle customs were written in the work of Hanoteau an Letourneux, entitled La Kabylie et les coutumes kabyles.In the second part of the thesis, we focused on the period of the civil regime (1871-1931) and the case law as well as the legislation that reformed the Kabyle's customs regarding chefaa, guardianship of minors and the status of women. A final chapter is dedicated to the analysis of the postcolonial heritage of the French colonial legislation in the Algerian legal system during the years 1962-1975, as well as in the current French overseas law in Mayotte and in New Caledonia. ; Notre thèse a comme sujet ...

International audience ; How do those who stayed behind exert their authority over emigrants (notably to makesure they keep on sending remittances) despite the distance? How does power circulatebeyond borders? For the last twenty years, the concept of territory is at the core of thescholarship on migrants' spatiality and mobility. However, this paper turns upside downthe common problematique by addressing the migratory space as a vector of the exercise oftransnational authority. The paper draws on a series of qualitative investigation amongemigrants from the Moroccan Middle-Atlas and Kabylia in Algeria. After a literature reviewof the use of the notion of territory in migration studies, it shows how a transnationalterritoriality is built up through the creation of migrant social institutions (transnationalfamilies, migrant associations and ethnic businesses) that serve as a relay for powerdissemination. The transnational network of these social institutions is the crucible for thereproduction of a moral geography maintaining emigrants in a stance of obligation towardsthose who stayed. This moral geography is imbued with deeply ambivalent representations:the place of departure is simultaneously perceived as a place unable to sustain the socialmobility of actors and a moral centrality. Conversely, the place of destination spurs acertain fascination while being perceived as corrupted by foreign values. This ambivalentmoral geography underpins the moral economy of the relationship between migrants andnon-migrants: while migration triggers fascination and envy, migrants are accused ofselfishness and moral dubiousness when they do not abide to their duty of emigrants, and,in particular, when they refrain from transferring money to the left-behind. Finally,drawing on the example of development projects undertaken in villages of departure, thearticle examines the way the transnational territory becomes henceforth a real stake for therenegotiation of rights and duties between actors. ; Comment ceux qui sont restés parviennent-ils à exercer une autorité sur les migrants(notamment pour les contraindre à leur envoyer de l'argent) malgré la distance ? End'autres termes, comment l'autorité circule-t-elle par-delà les frontières ? Depuis vingt ans,le concept de territoire est au coeur de la réflexion sur les spatialités et la mobilité desmigrants. Mais la dimension politique de la territorialité a jusqu'ici été négligée par lestravaux existants. Cet article renverse la problématique habituelle en abordant l'espacemigratoire comme vecteur de l'exercice d'une autorité. Il s'appuie sur une série d'enquêtesqualitatives auprès d'émigrants en provenance du Moyen Atlas marocains et de Kabylie.Après une revue de la littérature sur l'usage de la notion de territoire dans les étudesmigratoires, cet article montre comment se construit une territorialité transnationale par lacréation d'institutions sociales en migrations (familles transnationales, associationsvillageoises…) qui servent de relais de pouvoir. Le maillage transnational de ces institutionsconstitue le creuset de reproduction d'une géographie morale qui maintient les émigrésdans un jeu d'obligation envers ceux qui sont restés. Enfin, à travers l'exemple des projetsde développement pour les villages de départ, cet article examine la façon dont le territoiretransnational devient un véritable enjeu de négociation des droits et obligations des acteursen migration.