Thursday, November 20, 2008

How Long Do You Have To Do Meth To Ugly

Pietri Annie: the spy of the Sun King, the necklace of rubies

Alix House of God has 17 years, blue blood, all the passion and rebellion of adolescence, a sister more contemplative sister, Clemence, who wants to enter a convent, a younger brother Louis-Etienne, quick to get into the predicament, a wise and gentle mother, a father who died in war and unfortunately leaves under the tutelage of his brother of the cruel and devious Baron Grenois.
It will not stop plotting and scheming plots to marry his sister-in or ownership of the family fortune, and Alix thwart by his courage and intelligence, and perhaps also because of its beauty and a young Louis XVI, who needs a young spy to discover who poisoned her favorite.



The Court of Versailles is painted without Angeles with his filth on the walls and in the heart of a typically perverse or corrupt aristocracy, as opposed to our hero, pure, brave, virtuous and loyal. Obviously.
But we fell in love with Alice and her adventures both police and swashbuckling.

Friday, November 14, 2008

Mobile South Parkstreaming

The Kingdom of Outrebrume, MI McAllister

"She was born in Outrebrume the island ruled with wisdom and virtue by her parents and their masters, free enchanted mists that surrounded it. Growing up she learned everything concerning his island how the boats were few who could reach across the mists, how none of those were from the island could not leave her by the sea and come back by the sea It was risky to cross the fog. Few animals were leaving the island, and fewer still manage to come back - but most could not imagine leaving Outrebrume, his valiant otters, squirrels its full range of his moles and hedgehogs its loyal and hardworking. There were woods and shores, burrows and tunnels, caves and waterfalls, hills and valleys, full of good things to eat, true friends, and the king and queen in the tower Outrebrume of overhanging rocks. "

If this description does not give you the urge to embark on the island of Outrebrume is that you have maybe you killed the little child dreamer and I do not commend you.

could find that the imaginary universe of Margi McAllister, populated by civilized animals in a medieval setting and fantastic, looks a little too one of the masterpieces by Brian Jacques (Redwall / Redwall, Martin the Warrior, etc. ) but his writing is different and intrigues as strong and equally unexpected twists. It follows

squirrel urchin Star since his fall from heaven, baby, during a night of shooting stars prelude to major changes in his life learning, pain, betrayal and friendship, until adulthood or almost.

But this hero is a character in a colorful gallery of unique animals and well drawn, all endearing, never simplistic.

You will not find just the usual adventure novels youths but also fantastic themes rarely addressed in this genre:

eugenics and euthanasia of babies with disabilities or different, political regimes, the need for disobedience worse, sometimes the difficulty of distinguishing a tyrant in a clever and cunning demagogue liar (I do not think anyone in particular!), the power of rumors about the views and reflections on the almost Shakespearean exercise of power, and complexity to give a picture just to his subjects, even the best intentioned.

Tuesday, November 11, 2008

The Buoyancy Of Helium-filled Balloons



International Issues

delimitation of maritime areas

I) The area of sovereignty

The coastal State is sovereign in the area of sovereignty.

A) the land territory

It extends to the baseline of the territorial sea.

B)

Territorial sea 12 nautical miles beyond the baseline.

II)

EEZ the coastal State exercises sovereign rights for fishing and mineral resources. It has jurisdiction for scientific diving and defense of the marine environment. Third States enjoy freedom of navigation, overflight and laying of cables and pipelines. The EEZ extends 200 nautical miles ( art. 57 of the UNCLOS )



A) The contiguous zone

24 nautical miles beyond the baseline

B) The plateau contiguous zone outside the continental

According to legal definition, it extends to 200 nautical miles beyond the baseline even in the absence of continental shelf in the physical sense. However, extensions are possible up 350 nautical miles at most.

III) The high seas

All States will exercise freedoms including fisheries and marine scientific research.

A) The continental shelf offshore

It includes the slope and rise. The coastal state exercises sovereignty over natural wealth of soil and subsoil and competence for scientific diving ( art. 77 of the UNCLOS )

B) The International Seabed Area

It is the common heritage of mankind. Its use by states and businesses through a contract with the Authority seabed.

Saturday, November 8, 2008

Merilyn Sakova Coming



Public Finance

Act of 28 October 2008 on the Audit Office and the Regional Chambers of Accounts?

This Act amends the code of financial jurisdictions to better meet the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Issues revolve around the rights of defense. In the name of Commissioner of government replaces that of the public prosecutor. He does not attend the deliberations. Mostly it's the end of the double block.

Topic ENA:
The ECHR, the Council of State and Judge Accounts

For a long time only the EC figure was the court of cassation to verify that the rules of law were respected by the court of accounts => The fairness of the proceedings, was framed by the rules national. Despite the heavy penalties by the court of Auditors (Cour des Comptes CRC), administrative and financial courts judge refused to recognize the applicability of art. 6 § 1 of the CESDHLF and agreed to the legal fiction: the courts judge the financial accounts and non-accountants. But the increasing use of the ECHR has resulted questioning this balance.

I) A traditional approach tends to bend under the effect of the jurisprudence of the ECHR

A) The traditional position of the French courts: a relative protection of the rights of the defense


should not be that management of a public report evokes a future first contentious case (EC 23 February 2000 Labor metal) because it looks like a prejudgment of the Court of Auditors.
Distinguish between financial officer who knew the business activity in non-judicial (management control) and participation in the trial (EC Ratzel April 6, 2001). But

position Orthodox participation of the Government Commissioner at the deliberations at both the EC and CCpte.
EC Dussine October 30, 1991: The CDBF impose fines that are neither criminal nor civil therefore not applicable in the art. 6 § 1 ECHR.


B) ECHR judgments about the fairness of the proceedings

Kress ECHR 2000: prohibits the government commissioner to attend the deliberations as theory of appearances.
ECHR 12 April 2006, Martin C / France: forbidden also to participate; fnancières courts are concerned.

II) The improvements made in terms of procedure likely to be strengthened


A) The improvements made timidly procedural

Decree of 19 September 2005, under which a government commissioner to attend but not participate.
Under the effect of the decision in Martinez => Decree of 1 August 2006 allows the Commissioner to assist the Government, without taking part in the deliberations of the formations of the Court of the State Council unless either party objects objects (EC Courty May 25, 2007). Courty attack the decree, but loses the opportunity to object as a guarantee of a fair trial.



B) upheavals The CDBF

(Court of fiscal discipline and financial) must consent to public hearings as art. 6 § 1 is applicable: EC 30 cotobre Lorenzi and ECHR 1998 September 26, 2000 Guisset.
Act of 28 October 2008 on the Court of Auditors and the Regional Audit Chambers (CRC): name change of the government commissioner became representative of the Crown.



jurisprudence on the subject:

EC June 19, 1991, Annecy v. Dussolier.

EC 16 November 1998, SARL Deltana and Perrin.

EC 23 February 2000, Labor Metal. EC

April 6, 2001, Business SA and The Brothers Razel Leuch.

ECHR October 7, 2003, Richard-Dubarry v. France.

ECHR 12 April 2006, Martinie v. France.

ECHR Pellegrin v. France, December 8, 1999.

Friday, November 7, 2008

Paris Kennedy Watch Online



European issues

Subject: Public Service and Community law are compatible?

Introduction:


The news highlights the questioning of certain public monopolies. Sanctions by the Court of Justice of European Communities are imposed on France Telecom or about the tendering of EDF-GDF.
Public service activities and means sometimes general interest missions, sometimes all public or private bodies in charge of missions of general interest . It was organized exclusively by the standards of domestic law until the advent of Community law, the result of European integration. Under international law, EU law is binding on signatory states. At the instigation of the European Commission, the Community Court punishes violations of the law of the European Union.
However, the liberal rules enacted by the right are in contradiction with the principle of service public. Charging privileges, monopolies and public in general any breach of the principles of competition law aimed at once serve the public interest therefore oppose the liberal vision of the European Union. Certainly arises the problem of compatibility of public service to the French and EU law. Is this a fundamental incompatibility or apparent? A reconciliation is possible? How to ensure legal consistency of domestic law and Community law? A divorce between
apparent public service to the French and EU law is undeniable (I), but a marriage can and should take place between public service and community law (II).





I) An apparent divorce between public service and community law

one hand, differences between French law of public service and Community competition law are found. On the other hand, the coexistence of two legal systems is a source of difficulty.



A) Differences between French law and public service

Community law should specify the design of public service in French and to show the difference of optical liberal European Union.
Because of the specificity of public service, namely interest, these activities are not subject to the same rules that apply to private persons in their activities that fall outside the public service. Therefore, the public service activities must be under a legal exemption to private law . They are applied to particular obligations, called "laws of Holland." Rolland These laws consist of three basic principles: these principles of equality, continuity and mutability of public services.
Under French law, the principle of equality is one of the cornerstones of our legal system. French administrative court has to ensure its respect in the national context, even when adapting an objective difference in situation may lead to inequity of fact, however, that equality is service of a higher principle in Community law is competition. This essential difference between the national legal and European legal case law explains the discrepancy.

B) The coexistence of Community law and public service: a source of difficulty

The difficult cohabitation results in the necessary facilities to accommodate the European competition law. Stopping
Crow May 19, 1993 asked limits on public monopoly that is no longer justified since it is a commercial service complementary to the basic service of urgent necessity for the interest général.Tant the additional service and accessory does not jeopardize the service of urgent need, there is no reason to restrict competition. National law must take note of this distinction. Legal traditions collide, in this case to case law.
Paradoxically, through an exception to the principle of equality accepted by the courts that the law conflicts with EU law.
Under certain conditions, preferential tariffs may be granted to residents for access to local public services. This choice is intended to ensure jurisprudential rather than a strict equality before the public service but equality in different categories of user and coupled to a "fairness" among users of different categories.
In a decision dated May 10, 1974 (Dénoyez and Chorques) on charges of ferry service linking the island of Ré then to the mainland, the State Council defined the conditions of this deviation from the principle of equality. Thus, to be authorized, setting different rates for various categories of users of public services must be either the result of a law is justified by the existence of significant differences between the situations of users, either by necessity general interest in connection with operating conditions of the service or work.
discrimination based rate on the debit is recognized by the administrative law judge when the service is not mandatory. This is true among children living in a commune and the other for the pricing of a school canteen (October 5, 1984 EC Commissioner for the Republic of Ariège).
The price discrimination based on family resources is also admitted by the Council of State (December 29, 1997 - Common and Common Gennevilliers Nanterre). In its decision of 16 January 2003, the Court of Justice will against the jurisprudence of the State Council. The Commission urged the Court of Justice (ECJ) an appeal against the Italian Republic, on the grounds that as discounted entry to local museums as a function of age, residence and nationality were contrary to Community law.
The contradiction between the law of the State Council and the Court of Justice explained by differences in intrinsic sources of law that each of the two judges are respectively responsible, in this case, to apply.
Following the arrest of 16 January 2003 the ECJ, many French towns wonder about a possible challenge to the preferential tariffs for their citizens to access public services. Anyway, a real question on compliance with European law preferential rates for access to local public services arises and calls for adjustments in the national legal order.



Transition: Of course, design differences between French public law and EU law are undeniable. Taking into account the legal standards Community law does not go smoothly. Notwithstanding these realities, the incompatibility of public service and community law is not insurmountable. To what extent can we reconcile the two legal orders on the issue of public service?



II) A marriage between possible and necessary under French law right of public service and community

Efforts are made to both sides to balance public service and community standards (A). The rule of Community law ensures legal certainty (B).


A) shared efforts between the two legal systems: a necessary reconciliation

the one hand, EU concessions to liberalism permit derogation allowing the maintenance of public services. On the other hand, Community law is reflected in domestic law.
Europe is based on free competition, and has been slow to recognize the existence of public services. Strictly speaking, the Treaty of Rome did not condemn the utility. It only imposes conditions and a framework for its existence. In the absence of a notion of public service in EU law, the concept of universal service was developed at European level
The European Commission defines this concept as a set of general interest requirements which should be satisfied in any Community, some activities. She adds that the obligations resulting aim to ensure all access for all to essential services, quality and affordable . It is therefore based on core principles of public service that we know in French law: equality, continuity. In this context, the monopoly of national origin can be justified. Article 86 ex-90 of the Treaty stipulates that Member States, when they grant special or exclusive rights to companies or their enterprises need not to put or not put them in contravention of competition law. Subsection 2 states that for his business in charge of general economic interest are also subject "to the extent that the application of these rules does not obstruct the performance in law or in fact of the particular tasks assigned to them." Article 86 ex-90 on the imperative of market forces and 86 ex-90 the requirement of state power to design economic policies and serve its public service missions. The public service is the exception to the market. It exists only as a transgression of the market system. It is legitimate only if it corresponds to the European notion of general economic interest in EU terms. There
Two principles are at work in the Treaty of Rome, the market on the one hand, the public service on the other. Both contribute must contribute to the economic and social development. The market provides the overall economic prosperity for its efficiency. The utility guarantees everyone a minimum and promotes social life. Market logic and sense of public service are therefore two alternative instruments for the same general purpose that binds the Treaty of Rome: the prosperity of the consumer.
The concept of service of general economic interest keeps public monopolies, avoiding and privatization and complete dissolution of these services if the term of service of general economic interest is not expressly defined by the Treaty of Rome, the conditions under section 86 ex-90, however, are further identified. The recognition of a service of general economic interest within the meaning of Article 86-2 ex-90-2 requires four conditions.

First, the company must rely on an act of public service delegation even if the Community leaves Member States free to define missions of general interest, and granting the companies that are responsible special or exclusive rights necessary to carry out its tasks.
Second, the firm must establish that the particular tasks entrusted by the public are many MIEG
Thirdly, Article 86-2 provides that competition rules can be applied only to the extent that "the application of these rules does not obstruct the performance in law or in fact of the particular tasks assigned to [the company]. " The breach of the rules of competition must be necessary even if the company provides a service of general economic interest. A proportionality test allows judges to censor Community unfair barriers to competition under the guise of service of general economic interest.
Fourth, compliance with the Community interest remains.

noteworthy is the inclusion of Community law regarding the legality of certain economic activities from public and private corporation. The best example of this proactive Liberal French legislature is the order of 1 December 1986 on freedom of prices and competition.

B) The rule of Community law in domestic law: forced marriage

The primacy of Community law is effective and ensures legal certainty. And the invocation of EU rules into national law challenging the legality of certain public services.
In international law, treaties are binding on states to avoid their responsibility. For Community law, the court, the decision in Costa v. ENEL (July 15, 1964), affirmed the principle of primacy of Community law. Although the Treaty of Rome does not pose a general principle of rule by stopping Costa, the Court cites not only the terms of the Treaty, but also its spirit. By 1963, in Van Gend en Loos, she said the integration principle of Community law into national law. Without explicitly stated this rule in the Treaty is therefore the case that the rule of Community law has said.
In Van Gend en Loos, the Court of Justice of European Communities had tempered his position by stating: "States have limited, albeit within limited fields, their sovereign rights." The terms of the decision in Costa affirm this principle more clearly: "The Treaty established a own legal order, integrated legal system of Member States and which is binding on their courts. "The uniform application of Community law is thus guaranteed.
The State Council has long refused to uphold the treaties on the laws after opposites (EC 1 March 1968, the General Union of Manufacturers meal of France). In 1989, he finally resigned himself to the principle of primacy of Community law based on Article 55 of the Constitution (EC 20 Nicolo October 1989).

The Buoyancy Of Helium-filled Balloons Hypothesis





Public Finance Management is

Introduction:

principle of separation of officers is to secure the circuit of expenditure (Article 20 of Decree of 29 December 1962 laying down general rules of public accounting): "The officer and those of public accounting are incompatible. "
Goal: prevent the illegal taking of interest and embezzlement.
Consequence: officer (= person who commits revenue or expenditure) can not handle public funds without authorization, otherwise interference functions of the accounting office => management of affairs.
Others may be guilty of de facto management, not just officers. Is complicit in the officer (companies, associations), or a person who is interfering in public revenue collection.



I) The conduct constituting de facto management [1]

A) In terms of revenue

1) Interference in revenue collection

first hypothesis: Interference in revenue collection

Terms: taxes, fees and State-owned products.
Example: collect without legal title to the revenue of a municipal theater
ECA Institute May 15, 1997 France: an association that receives compensation for use of premises of a public institution
ECA April 7, 1998, Common Gourbeyre: a mayor who receives voluntary contributions purportedly for a building permit

Exception by Authorities revenue officer may raise revenues but under control of the accounting office


2) Deniers regulated private

second hypothesis of the art 60-XI of the Finance Act 1963: money and values of others (= money regulated private).

Fund and values of private persons under the supervision public accountant.
Example: public security offices to public housing, money and valuables inpatient




B) In terms of expenditure: illegal extraction of public funds

Exception imprest for spending under control of a public accountant.

1) Theory of office fictitious

third hypothesis of the art 60-XI of the Finance Act of 1963
Mandate dummy = regular term but apparently based on false => the amount of expenditure can not refuse.
Mandate for another service as mentioned [2] .
Court September 27, 1989 Accounts Service information and dissemination of the Prime Minister: Study billing works very brief and subsequent compensation.

2) Theory of transparency

Creating association to evade the rules of public accounting. Authorizing pay subsidies but has control over the use of funds. The judge proceeded accounts beam index to verify that the association is independent: the existence of an agreement, council members not in the majority, the expenditure for the purpose of the association.

ECA, 4 August 1944 Lamirand:
Secretary General for Youth provides grants to two organizations to which he gave instructions for the use of funds => Accounts judge considered that it was a slush fund, used for expenses attributable to secretariat. Mayor

control expenses even if formally independent association [3] .

II) Procedure and penalties for management is

A) The proceedings before the court of Auditors

1) Conduct

either ECA or Regional Chamber Accounts
Written procedure. Double block: provisional and final. Public hearing.
Act of 2001 on the CRC and the Court of Auditors [4] : magistrate no longer participates in the deliberations
Limitation period 10 years

2) guarantees the defendant

EC 23 February 2000 Metal Labor: no discuss the management report done in public before judicial
EC Razel April 6, 2001 Company: Magistrate of management control should not participate in the trial
EC Perrin November 16, 1998: repressive nature within the meaning of art. 6 § 1 of the CEDHSLF

B) Sanctions if management is

1) The sanctions from the court of Auditors

The accounting is made subject to the same accounting rules as clear and even more serious because no relief or cancellation by the Minister of Finance. Fine

Getting
debit of Duty to repay amounts missing
Loss of quality of authorizing expenses for the elected, the coup is the deputy or vice-president who directs the expenditure.


2) Any additional sanctions from the criminal courts

The Criminal Code provides for penalties similar => no cumulation of fine for theft of overlapping function but for the rest (art L121-11 Code of financial jurisdictions).
L433-12 CP: usurpation of function (3 years in prison and 45,000 euros fine).

management is not a criminal statute but may be accompanied by crime (art 60-XI of the Finance Act of 23 February 1963).
L441-1 CP: forgery and forgery (3 years in prison and 45,000 euros fine).
L432 CP-12: illegal taking of interest (5 years in prison and 75,000 euros fine).
L432-14 CP: Crime of patronage for public procurement (2 years in prison and 30 000 euro fine).




Conclusion: The burden of

old sanctions that accompanied ineligibility aroused led to shifts. The de facto management can result from handling without legal title but in good faith. Very few cases of management has been doing so it seems that we reached a good balance between fundamental principle of separation of officers and accountants and not excessive penalties. But his philosophy is ambivalent between logic and control logic of punishment.

[1] Art. 60-XI of the Finance Act of 23 February 1963
[2] Court of Auditors, January 15, 1875 Prefect of Eure Eugene de la Motte January

[3] Court of Auditors, December 9, 1993, Festival Committee
[4] Law No. ° 2001-1248 of 21 December 2001 on the CRC and the Court of

How Does It Cost For A Personal Trainer At Ballys



Social Issues

The inclusion of disabled



Following the announcement of the Pres of the Republic on 14 July. 2002 to the handicap of a three priorities of his five years, the law of February 11, 2005 was adopted. Art 2 of the Act provides for the first time a statutory definition of disability as a limitation of participation in social life due to physical or mental impairment. Art 3 of the Act declares the right of every disabled person to solidarity and the full exercise of citizenship. Semantic references to the project life and the principle of non-discrimination reflect a renewed approach to integration of disability.







I) Despite progress, the insertion devices and vocational school have shown their limits

A) Insertion educational and vocational

1) The policy of school integration before 2005

The Act of June 30, 1975 establishes the obligation
training and education adapted with REIA SEGPA
In mainstream: CLIS [1] and UPI [2] =
CFAS training center for skilled apprentices
(AES = Special education allowance) if the apprentice earns less than 350 euros if not entitled to the AAH

2) Professional integration before 2005

The Law of 23 November 1957 introduced the concept of a disabled worker
The Act of July 10, 1987 for the employment of Disabled establishes the obligation for any employer to employ at least 6% of disabled workers. COTOREP may recognize this quality.
In the public: jobs reserved

B) Inadequate mainstreaming

1) School
The level of training: 93% of children and teenagers are leaving school nursing home without having reached the level V .

2) professional

The Act of June 30, 1975 was aimed at integration in mainstream and special schools except

Yet the figures for Disability and employment reflect continuing difficulties of access to employment. 4% of disabled employees instead of 6%.
23% of disabled part-time as against 16% in the general population.
unemployment rate three times higher than the valid

II) Reforms to improve inclusion of disabled people

A) The impact of Community law and the contributions of the Act of February 11, 2005

1) Community law

Art 26 of the Charter of Fundamental Rights of 7 November 2000: right to social integration and Professional
Directive 2000/78 of 27 November 2000: employers must allow access to employment and vocational training

2) The contributions of the Act of February 11, 2005

principle of registration of all children disabilities in regular education
Sign language is recognized as a separate language
32 000 students are subject to an accompaniment of carers of school
Fusion COTOREP [3] and CDES [4 ] CDAPH in [5] jurisdiction to decide on the direction and measures of employability and social.

B) New perspectives

Lachaud report in 2006 revolves around six themes:
1 - promote a "business scenario" to avoid the break between leaving school and entering the world of Working
2 - promote the path of alternating
3 - promote mentoring for disabled workers
4 - a one-stop shop for companies and a partner referral for youth with disabilities
5 - best value all actions promoting the employability of disabled workers, not just hiring
6 - create a label "Solidarity handicap", awarded by the HALDE (High Authority against Discrimination and for Equality) to reward companies that organize the reception and support of disabled workers

[1] class school integration
[2] Unit educational integration
[3] Technical Commission for guidance and outplacement
[4] Departmental Commission for Special Education
[5] Rights Commission and the independence of disabled

My Baby Swallowed Mouth Wash



Social Issues

Working time

Introduction:
repeatedly, the working time gives rise to debates among social partners and policy makers. Indeed, now about sensitive time work first had to be defined so that the legislature Praetorian before any case law definitions.


I) The working time, a more complex notion



A) This encompassed the concept of effective working time

3 criteria (Court of Cassation Dinoto May 4, 1999 [2] ). :
- Availability in respect of the employer [1]
- to comply with its directives
- not able to go about their business freely

Note that in Community law is also recognized (3 October 2000 ECJ SIMAP and Jaeger ECJ 9 September 2003) and see art. 2 Directive 93/104 of 23 November 1993.
Hours delegation (works council, staff representative, shop steward) are counted as time worked.

B) What she does not

penalty payments: the right to compensation (see ECJ 2000 SIMAP)
Breaks and restoration
Travel Time: no time working [3] but serves to compensation for accidents
travel time between clocking cloakroom and [4]

II) Regulation of working time

A) For the duration of work

Act 1998 and 2000 Fixed 35h [5] .
Amplitude Time: 10h or more on a collective agreement, minimum 11 hours rest [6]
1993 directive on working time arrangements
Annual hours: 1607 h
Overtime / Additional part-time.

It takes a rest:
Sunday work [7] and holiday pay no more than 6 days a week [8]

B) Changes

secular downward trend in working time over the long term, but the challenges of the baby-boom and international competition policy will promote labor-value .
Act of August 20, 2008: relaxations to overtime, with less recourse to the labor inspector.

[1] L3121-1of the Labour
[2] penalty with the obligation to be on the workplace is the actual working time
[3] L3121-4 TB
[ 4] Social Chamber of the Court of Cassation of 31 October 2007

[5] L3121-10 TB
[6] L3131-1 TB
[7] L3132-3 TB
[8] L3132-1 TB

Sample Letter Of Culinary Goals



European issues

Topic oral internal competition for the NAS in 2004

Freedom of establishment and freedom to provide services

Concerning natural persons and legal persons, freedom of establishment and freedom to provide services are defined respectively in Articles 52 to 48 43 ex ex 58 and ex Articles 49 to 59 to 55 ex 66 EC. Freedom of establishment includes the right to self-employment, the establishment of enterprises and their management in any member state. The free delivery service for the services against payment for services industrial, commercial, craft and professional occupations. These two freedoms must allow the opening up of the common market on the economy. These freedoms are complementary. Indeed, freedom of establishment for the provision of goods and services by companies moving to another Member State. Meanwhile, the free provision of service is staying in his home state. First, identify what these freedoms. Then you also consider a possible trade between these two forms of economic activity as a function of the tax involved.


I) Freedom of establishment and freedom to provide services

A) Freedom of establishment

1 - Modalities for the Establishment

a) To transfer a principal

Freedom of establishment consists, among others, to transfer an establishment in another Member State. The transfer of the establishment must be based on the laws of the State newly invested.

b) For an extension of companies

Different modalities for extending the mother company are possible:
- an agency, corporation mandated
- a branch: without legal personality even though she has autonomy Management
- subsidiary corporation dependent on the parent company.

2 - The presence of permanent establishment

a) infrastructure for a permanent

is the permanence of the service and not the infrastructure that determines whether service delivery or freedom of establishment. "The temporary nature of the provision does not exclude the possibility that the service provider, under the Treaty, to develop in the Member State of reception, of a certain infrastructure (including a desk, cabinet or study) to the extent that such infrastructure is necessary for the accomplishment of the service in question. " (ECJ 30 November 1995 Gebharth) .
Being home for a professional activity involves the fact that fall under the regime of freedom of establishment.


b) Submission to the control of the parent

A distinction must be independent intermediary and secondary schools. It takes a fixed contract and the establishment appraisse as an extension of the parent (ECJ 22 November 1978 Somafer).


B) Free delivery

1 - Independence of the service delivery
It is made independently of any other good or service.

2 - Temporary nature

Do not sustainable implementation coupled with an ongoing activity if it comes to freedom of establishment.




II) Criteria for choosing between the two freedoms

A) The tax applies

1 - Freedom of establishment

is the host Member State, which administers the tax system.

2 - The free delivery service

The country of origin that applies its tax system.

B) The benefit of freedoms

1 - Plan alternative

A contract can be found in the two regimes. The free delivery service may be required if the service is governed by other freedoms. Art 51 ex 61 indicates a special regime for banking and insurance transport.

2 - The two types of people benefit

Individuals and corporations are benefiting.

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European issues

measures with equivalent effect to quantitative restrictions (MEERQ)

The MEERQ are prohibited both imports and exports (Article 28 and 29 EC). A definition of judicial MEERQ is given in Dassonville ECJ Judgement of 11 July 1974: "All trading rules enacted by Member States may hinder directly or indirectly, actually Community trade or potentially be considered as measures equivalent to quantitative restrictions. "
one hand, overt discrimination is prohibited, other provisions apply equally to national and other Member States can be censored (ECJ Cassis de Dijon February 20, 1979: trade regulations can be MEERQ even if they indiscriminately affect domestic and other intra but a halt to this case is given with the Keck Judgement ECJ 24 November 1993 are not MEERQ that measures affecting products differently national and EU products unless they exceed the effects intrinsic to trade rules).

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International Issues: French-American relations under the Fifth Republic






result of a friendship dating back over two hundred years, the Franco-American relations are under the seal of a covenant and a constant cooperation between the two nations.
Politically and militarily, the French-American relations are based on solid foundations. The United States could avail themselves of French support in the war of independence. France, meanwhile, was able to emerge victorious from two world wars, partly thanks to U.S. intervention in 1917 to the First World War and especially landed in 1944 to the Second World War. These reciprocal alliances in these tragic circumstances, have thus linked the destinies of both countries. It should specify the main actors of foreign policy, namely the heads of state, U.S. Secretary of State, the French Minister of Foreign Affairs, whose role is deleted under the Fifth Republic, the French Parliament and U.S. Congress.
On the economic and commercial the United States are essential partners, given their power. The Marshall Plan of postwar assistance is consistent for reconstructing a Europe scarred and battered. However, it appears that France is the second recipient of this aid after the United Kingdom.
However, under the Fifth Republic, the French-American relations are no less complex. On the one hand, the return of General de Gaulle in French political life coincided with the advent of the scheme in January 1959. However, the Gaullist conceptions accommodate themselves little with American leadership. On the other hand, the regime bears the mark of the first president of both institutions and in terms of diplomacy and military choices. It turns out that de Gaulle's successors will extend broadly to foreign policy choices, with varying degrees of inflection. Thus the French and American interests clash due to the cultural, diplomatic, political, economic and trade, making their relationships falter or oscillate.
the crises they have deep roots? How the two allies and partners manage to overcome them? To answer these questions it is necessary to elucidate constants historical Franco-American relations, showing that they oscillate between cooperation and differentiation (I). It is, finally, to consider the implications of this complex relationship in the French-American pair since the redefinition of U.S. policy in 2001 and particularly following the U.S. presence in Iraq after 2003 (II).

relations between France and the United States vary based on common interests and divergent (I). On the one hand, the continuing contradictions generate crises that must explain the reasons (A). On the other hand, the common interests of both partners persist throughout the Fifth Republic, justifying the alliance and cooperation (B).

Differences constants generate crises that must explain the causes (A).

Unlike the Fourth Republic, which was decidedly pro-American, the Fifth Republic is characterized by a more mixed new turn in US-French relations. France is going through a difficult period with particular decolonization of Algeria while the United States are the champions of anti-colonialism. American hegemony superimposed on the relative weakening of France on the internationally, is resented and creates anti-American reaction. It should be recalled that both nations have ambitions universal cultural confrontation appears inevitable. In this context, the return of General de Gaulle in French political life is a turning point, especially since his historic stature gives it a special legitimacy. Success
military, the Suez expedition in 1956 ended in a diplomatic humiliation of France, who found himself relegated to average power. So the rejection of this stance that is causing tensions with the United States. Under Article 5 of the Constitution of 4 October 1958, the President is the "guarantor of national independence." As such, General de Gaulle intends to promote the independence of France and give it a true greatness in the comity of nations, as he indicates in his memoirs of war: "All my life I've made some idea of France. [...] In my view, France can not be France without greatness. "
To do this, he denounced the "sharing of Yalta" and breaking the world into two blocs. This policy of independence is reflected on one side by a critique of the Vietnam War the discourse of Phnom Penh in 1966, travel to the USSR and China and the other by nuclear ambitions. De Gaulle asked the President Eisenhower's nuclear secrets to share and integrate France into a tripartite leadership of the Atlantic Alliance. The plea in bar as well as control of nuclear weapons in 1960, ended with the release of the integrated command of NATO in his letter of March 7, 1966 to President Johnson that marks the culmination of bilateral tensions. Therefore, U.S. troops can no longer park in France and the NATO Headquarters in Brussels is transferred. In fact, designs American and French strategic diverge since the adoption of the doctrine of reprisals Graduated defense secretary under Kennedy, MacNamara, which opposes that of massive retaliation General de Gaulle. These initiatives are not well received across the Atlantic. The recognition of China in 1964, seems like a betrayal-a-vis Taiwan's former ally against the Japanese and more generally as a nuisance to Western interests. Even under the chairmanship Pompidou renewed tensions resurfaced. On this occasion, the Secretary of State Henry Kissinger addresses the France of "Rebellious child of Europe".
Tensions in the Middle East give rise to different readings. While U.S. support for Israel remains constant, France does not hesitate to criticize Israel. Admittedly, the Arab policy of France, for historical reasons but also economic, does not align U.S. policy.
An economic and commercial rivalry between the two countries. Thanks to the Bretton Woods monetary policy to absorb U.S. trade deficits. General de Gaulle denounced this system and wants a return to the system gold standard.

After the collapse of the Soviet empire, the Treaty of Maastricht 7 February 1992, marks an important step in building a political Europe. France, motor of European construction, is in favor of a Common European Security Policy. In 1998, during the summit in St. Malo, French and British are considering a real European defense outside of NATO. It must be said that in the meantime, Europe suffers a humiliation by being unable to manage her own crises of former Yugoslavia. In 1999, the euro became legal tender notes and coins and are put into circulation in 2002. Under these conditions, the United States understands that the European construction that promotes France takes place against unilateralism. They are opposed, therefore, that Europe policy making clear that the status quo should be maintained at about NATO. Furthermore, with the demise of the Soviet threat, Europe is no longer the center of gravity of American foreign policy that looks increasingly to Asia including the Middle East.
From the Clinton presidency, the temptation of unilateralism crowd although it was later, under the presidency of George W. Bush it takes its full measure. Differentiation occurs in the theater of international crises. For example, France is opposed to the embargo in Iraq, responsible, according to Amnesty International, death of 500,000 children.
also increasing commercial rivalry. Sometimes regarded as the soul of the people, culture is not left behind in the competition between the two rivals. Initiated during the Uruguay Round, the debate on liberalization of services and therefore cultural services, resurfaced in 1998 as part of the OECD, the Multilateral Agreement on Investment (MAI). Industry American cultural account for a large share of U.S. exports. Leader in many European countries, while France defends cultural exception. Defensive concept related to protectionism, cultural exception is replaced by cultural diversity in the negotiations at the WTO in Seattle in 1999.


However, these recurrent friction never reach the break between the two partners. Indeed, the common interests of both allies persist throughout the Fifth Republic. Basically, France and the U.S. share common democratic values.

Remain interests common and a long friendship throughout the Fifth Republic (B).



Firstly, the context of the Cold War lends itself to mutual interests in security. For the U.S., it is to limit the spread of communism. For France, what is at stake is security. The North Atlantic Treaty of 4 April 1949, sealed the alliance, especially between the two countries. In principle, neither country has any interest in the question. At the foundation of both nations, there is democracy and human rights, including freedom including Opinion and private property (Art. 17 of the declaration of 26 August 1789). Added to this system of values, historical ties of solidarity at the global tragedies. Recall that the U.S. is one of the great powers with which France has never had any armed confrontation. These circumstances may explain in part the continued support of France to U.S. policy on major strategic issues. When Khrushchev tried to unilaterally change the status of Berlin in 1958, General de Gaulle is supporting the United States. Cohesion is also unwavering in the Cuban Missile Crisis in 1962. Relative relaxation marks the mandate pompidolien. Information exchanges are possible in the nuclear field. Solidarity is strengthened under the presidency of Valery Giscard d'Estaing. Aware of the 1980s, when the Euro-missiles crisis, President Mitterrand said at the wave of pacifism in Western Europe that "peace is in the West and the missiles are in the East." In the end, the U.S. Pershing may offset the Soviet SS-20.

Second, economic interests are shared to the extent that the rehabilitation and development of Europe is both an asset to reduce the spread of communism and a way to get opportunities and a contrario or imported products.

Finally, European integration is a project supported by the United States insofar as it reinforces the European economies and contributes to a unit that avoids war between European countries. Costly and repeated interventions of the United States because of conflicts in Europe are an explanation for this desire to promote unity. It will, further refinement of this U.S. support for the European project and to expose the ambivalence. After the collapse

of the Soviet empire, the polarization of the world has an end but new threats arise. France moves while the United States to face. This "new world order" should now allow the United States and Europe to solve, together, the political and economic problems. After the fall of the Berlin Wall, several joint military operations will be exercised. The End of History announced by Fukuyama, is not for the immediate future. First, the Gulf War which broke out in 1991, illustrates the similarities between the two diplomats in spite of ideological differences between a President Socialists on one side and a Republican President to another. The operation is a success that both countries welcome. Then, the crises in Bosnia-Herzegovina and Kosovo call for military cooperation between the two partners.

Gaullist legacy left to his successors, is thus likely to impose a U.S. ally who cooperate but who can also assert its difference. This French tradition thus leads to outright opposition after the inauguration of the Bush administration.


foreign policy of the Bush administration has been incompatible with the French view, where an acute crisis, the new French diplomacy could ease (II).

diplomatic tensions, political and economic pitted the two states (A).
First, since the military intervention in Iraq, the Franco-American relations are strained.
Upon arrival, the Bush administration, composed of neoconservatives, marks a shift towards the old continent. Stability in the Middle East and especially the ouster of Saddam Hussein are the targets. The attacks of September 11, 2001 while serving as surety for the U.S. implement the neoconservative thesis. In misfortune, France is, of course solidarity with the American people. President Chirac said that evening: "No country in the world has been the target of terrorist attacks of such magnitude or of such violence. I want to reiterate to the American people the solidarity of all French people in this tragic ordeal. "On September 12, 2001, France supported the resolution 1368 condemning terrorism. The solidarity clause in Article 5 of the Washington Treaty is invoked in the framework of NATO.
In general, the strong emotion aroused by the attacks will allow the U.S. to act without any real guarantee of the First United Nations first in Afghanistan. U.S. diplomacy takes accents crusade "axis of evil" crusade against terrorism "(a phrase quickly rejected because of its historical and emotional echo in the region). The book of Samuel Huntington, The Clash of Civilizations, summarizes the neoconservative vision and concern by suggesting that explicit confrontation between Western world and Muslim world. France refuses to enroll in this design that led to the invasion of Iraq on 20 March 2003 without UN guarantee. Weapons of mass destruction, supposedly hidden, served as pretext for war and tension between the two states reached its climax when France threatened to use its veto. For the first time, this crisis leads to an opposition front on a major issue. The U.S. Secretary of State and President Bush threaten France adverse implications for their bilateral relations. This episode will give rise to a wave of anti-Americanism on one side and the other Francophobia. It must be said that this intervention without UN approval is a strong signal the international community and allies reluctant to follow, namely that the U.S. may act alone and preemptively if they feel their security is threatened. The potentiality of the French veto led the British and American allies to justify the use of force by other channels that Kofi Annan disagrees. They are based on resolution 1441, hotly debated and recognizing that Iraq is in material breach of its obligations itself of resolution 687 whose non-compliance reactive resolution 678 which authorizes the use of force " to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore peace and security in the region. " France, which disagrees with this legal argument of circumstance, is classified by the Americans in the class of old Europe that would otherwise be Venus. What is implied here by Robert Kagan, is that it is peace through weakness while America is from Mars, with an ambition of power to enforce justice. With the Iraq crisis, has thus drawn a real break.

Second, this approach political and trade tensions.
Since the Earth Summit in Rio, a planetary awareness, which has promoted the concept of sustainable development emerges. France is particularly sensitive to these issues since it has revised its constitution, incorporating the Environmental Charter in 2004. But the United States, the largest emitters of greenhouse gases, refuses to ratify the Kyoto Protocol despite the fact that global warming is a hot topic.


Other discrepancies stem from the difference model of society. France is strictly secular, while the reference God is a recurring theme in American politics. The welfare state remains a great French when the U.S. company pays in liberalism uninhibited.
Despite this liberal domestically, protectionist reactions may occur on the external front. So, President Bush's son has taken unilateral decisions to limit steel imports and increase agricultural subsidies. After the demise of the Soviet empire in 1991, the United States increasingly perceive the EU as a rival. To this end, the trade disputes between the United States and the EU are legion. However, these disputes are to a large extent on agricultural products, namely bananas, beef hormones, GMOs without omitting agricultural subsidies. It turns out that France is a member state for whom agriculture is a fundamental element. In this case, interest can only compete.
Despite this backdrop of high tension, the points of agreement persists. Solidarity against terrorism is not an issue. Despite the Iraqi crisis, we can see the French presence in Afghanistan with a thousand men for Operation Enduring Freedom and ISAF of Security Assistance Force (ISAF). The agreement is reflected by the joint vote of resolutions 1559, 1664 and 1757 of the Security Council on Lebanon.

more consensual choices of the new diplomacy is likely to reduce tensions without leading to a systematic alignment of the U.S. (B). The election of the President of the Republic in 2007 raised great expectations across the Atlantic, the U.S. hopes that a bilateral reconciliation begins.

A more Atlanticist orientation of French diplomacy seems to be emerging.
President Sarkozy makes no secret of his admiration for the system values underpinning American society. The President continued the cooperation begun by his predecessor and engage in assertive diplomacy alongside the United States on issues of Lebanon and Syria. At European level, it outlines a rapprochement with the Atlanticist "new Europe".
Concerning the Middle East, President bends the policy of the Quai d'Orsay in a less pro-Arab and pro-Israel in blaming the armed conflict with Hezbollah in 2006. By suggesting to put the party on the list of terrorist organizations and supporting Israel's right to defend itself, France aligned with the United States. Comments by Foreign Minister Bernard Kouchner, on the firmness needed against Tehran in this direction.

But it should be noted persistent disagreements. Certainly, in this context, France will reappear as a loyal ally. However, if the new French diplomacy is certainly an ally, it is not endorsed. Indeed, the post-Gaullist alliance, not without some wear trends in the history of both nations, that a partnership often tinged with conflict of interest or disagreement. The tone Diplomatic less incisive is actually more nuanced. The President recognizes the premiere of Israeli security but finds its disproportionate response in Lebanon. Firmness is needed vis-à-vis Iran's civilian nuclear power but is a right which must be recognized. In defense, balancing advocated by France is more for the CFSP and NATO. The refusal to ratify the Kyoto Protocol raises the disapproval of the new host of the Elysee, particularly given a context within the "Grenelle of the environment." Finally, the political, the intervention in Iraq is not condoned.

turbulent relationship, the relationship between France and the United States nevertheless remains solid on the key issues. The severe crisis experienced during the war in Iraq, dissipates gradually with a new French diplomacy. Recomposition of a new Franco-American relations could lead to a transition post-Gaullist, more likely to dock with the guidelines of the Atlantic. However, it could only be a facade to better defend the strategic interests of France and Europe. In this perspective, the future of relations between the two countries would fit more in continuity than rupture.

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Topic oral international issues in the internal competition of the ENA in 2004:
foreign policy of China


I) A power that affirms and confirms

A) Presence old in international relations

1) The emergence of China in international relations

a) A foreign policy in harmony with the USSR

After the victory over Japan during World War II (= 2GM) The Communists broke the truce with the nationalists. Actress on stage Pacific during the 2GM, China is emerging in international relations. Following the communist victory over the Nationalists in 1949, China became a partner of the USSR. Mao Zedong and Stalin signed a treaty of friendship of 30 years in 1950. With its demographic potential and its geostrategic position, China plays a leading role at the beginning of the Cold War, during the Korean War (1950-53).

b) The policy triangle of the United States: a threat to the USSR

But under Nikita Khrushchev, the Soviet Union sees its relations with China deteriorate. Firstly, both countries reject cooperation military. On the other hand, the ideological divisions appear. The tension reached its peak in 1969: Border clashes are declared. However in the meantime, China is building the weapon of deterrence: nuclear weapons in 1964 and the hydrogen bomb in 1967. Therefore it represents a threat not only to the U.S. figure of imperialism, but also for the Soviet Union with which tensions are increasing before the demise of Mao Zedong. Under Nixon, the U.S. used the divisions between the warring brothers and implement a policy triangle. The People's Republic of China is recognized by the United States and Security Council seat UN in 1971 instead of Taiwan, where Chinese nationalists have settled after their defeat. This entry sign at the UN recognition of Red China as an essential actor in the concert of nations. Nixon went to Beijing in 1972, this visit marks the normalization of relations between the two countries.


2) From the end of the Maoist era than the era of Deng Xiaoping

a) Economically

During the XIth Congress of the CCP, Deng Xiaoping launched the socialist market economy. So the country opens to the outside world and the land décollectivisées.

b) on the diplomatic

With the advent of Mikhail Gorbachev in the USSR, undertake talks with China and end at the demilitarization of their common border in 1985.

B) A growing presence in international relations

1) A military deterrent

a) A military modernization

military expenditure rose ensure the modernization of the Chinese army. Projection naval forces and ballistic missiles of short and medium range are areas particularly in progress.


b) A power in the service of Diplomacy: Taiwan issue

During the crisis in the Taiwan Strait in 1995-1996, China launched missiles to Taiwan could be fitted with nuclear warheads in order to influence Taiwanese elections. She has also conducted large-scale amphibious operations within 25 kilometers from Taiwan.

2) An emerging economic power


a) A huge economic potential

China's economic growth is extremely rapid (between 8 and 10%). Its foreign trade accounts for 7% of world trade. Technological development in electronic industries computer and is supported by the influx of foreign investment.


b) The long march toward a market economy

By acceding to the WTO on 11 December 2001, China intends to find the place due to its position in the comity of nations and symbolically restore respectability to national abroad.

II) A cautious foreign policy

A) A treaty commitment reassuring

1) Preventive diplomacy

a) A limitation of nuclear and chemical

Several initiatives mark China's desire to limit nuclear risks and chemicals. In 1996, China signed a nuclear nonproliferation treaty stopping nuclear testing. The following year, it ratified the Convention on the Prohibition of Chemical Weapons.

b) A regional mediation

China brings together key stakeholders during the Korean crisis of 2002-2003. The nuclear crisis leads him to take his distance from North Korea. Thus, China momentarily its oil deliveries to North Korea.

2) A prudent participation in the UN

a) China not aligned during the Cold War

Its membership occurs at the UN in 1971. It must then be used to legitimize China and protection against any interference in its domestic policy. Hostile
United States then scrambled with the USSR, China assumes any role in the third lane of the Cold War. China appears as the leading non-aligned countries. During the first decade of its accession, China chooses many abstentions in the Security Council resolutions. This refusal to engage in conflict resolution continues until mid-1980 period, after which the tensions between the USSR and other permanent members of Security Council subside.

b) China opposes interference

At the beginning of the Cold War, China is increasing its involvement in the UN and opposed to American imperialism. But the evolution of the UN to interfere in internal matters, does not please Beijing. Attached to the concepts of sovereignty and non-interference, China has again distanced himself with the UN.
B) An easing of tensions

1) With the world powers

a) The United States

A series of Tensions arose between the United States to China: Taiwan Strait Crisis in 1995-96, mistaken bombardment of the Chinese embassy in Belgrade in 1999, Hanan incident with an American plane.

b) Japan

Japan worried about a possible Chinese threat.

2) With regional powers

a) India

rival China, India is experiencing tensions with Pakistan in 2002. Despite this fact, China is close to India. On the diplomatic front the premiers of both countries visit each other. On the commercial, trade between China and India growing. On the military front, the two countries conduct first joint military exercises in 2003.

b) Taiwan

After considerable tension between Taiwan and China, relations seem to subside.

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Culture General


philosophy dissertation.

"To think is to say no." Alain.
What meaning and what value you give to this ruling?



Given the established order, advertising media and social pressure, we often give in to the facility to give our assent to the views commonly admitted, however, which involve the future of the community, without taking the necessary time to reflect on what could, if necessary, justify or deny them. While it is clear that this attitude is somewhat common, it is nevertheless incompatible with the requirement of reason. It is undoubtedly this fact which leads the philosopher Alain said that "To think is to say no."
Does this mean, however, that anyone would pretend to think, then wallow in the systematic denial?

For Latins pensare mean weigh. Would think so, a point of view etymological assess the weight of opinion, or theory. Thinking is therefore to do a job evaluation in the sense that we give credit or not a given trial. In this sense, thinking would be to construct a proper reflection in order to make a rational adjudication between alternative choices. This construction

what the thought seems not to have one purpose: to get closer to the truth. However, the errors of thinking are commonplace. It is only to consider the multitude of deductions summary and conclusive remarks can be heard by the through the media, only to find that the fruits of human brain activity are often an expression of truth. The path leading to it seems fraught with pitfalls, and the human mind is probably too often lost in its maze. The first trap is to have the impression of thinking, then we simply adopt the ideas of others. Thinking, so it's not easy, and requires courage and commitment. Will and courage must not know most of our peers, who give up thinking and prefer to wallow without reason, in evidence a dogma, they are not even aware that they are imposed.
In "What is Enlightenment? "Kant showed that it is less demanding for a human mind, to be guided by others, as do not think for himself. Laziness and cowardice explain that many men prefer to give up the sovereignty of their thought, and too willingly submit themselves to the mentoring of others. This refusal of maturity is convenient, since it relieves the stress of thinking, but dangerous, because it finally submits to the individual requirements of despotic guardian. This will certainly Moreover, not to persuade him that any attempt to represent emancipation for him a great danger. Trapped in a straightjacket of false truths, the victim is so manipulated, it feels like to use more of his free will. This guardianship is fatal to Kant, who urges man not to reduce himself to slavery, by delegating its authority to declare: "Sapere aude! Have the courage to use your own understanding! "

The second trap is more subtle, insofar as it does even more to be deceived by others, but to be deceived by its own lack of clarity. We can not pretend to think, when we shall be guided by his senses. To think is to say no to the evidence of intuition.
In the Meno, Plato, Socrates says to Meno the cause of the error of the young slave, who is asked to represent a square on the ground, whose area is twice that of the square that he himself has previously drawn. Spontaneously, the slave answers that you double the length of the side - which of course is false, because in such cases, quadruple the area, instead of double - and only after a long work questioning, Socrates managed to bring it to the correct result, namely, construct a new square using the diagonal as the previous side. The slave did not think he was content to believe that he knew the answer, without taking the time to evaluate his first intuition. It is the doubt, and he alone, which allowed him to progress. Access to knowledge necessarily involves the questioning of prejudices. In this sense, think, is saying no: no to opinions, prejudices, preconceived ideas. To think is to refuse to accept without explanation, refuse everywhere, all the time, this evidence, which is believed to need no justification to be commonly accepted. As highlighted in Montaigne's Essays, "They make me hate the things likely when I plant them as infallible." (Essais, III, 11 "boyteux).
The Greek word "Krinein means to judge. The concept assimilates trial in this case, that of criticism. Or criticize, does not object violently to an idea? Disassemble the inaccuracy or falsehood in a word, reject? In this sense, think, is saying no.


Thus, just to think, should we often rush his contemporaries, to fight against the inertia of spirits hostile to anything new and any change, inevitably disturbing. Can this mean that the opposition - the fact of saying no - or a sufficient condition for claiming think?
You can not seriously claim that the systematic opposition is a form of intelligent thought. If thinking is to say no, there are cases where saying no, refusing to think objectively. The systematic and without justification is just as questionable as docile acquiescence. The great difficulty of the human mind, is to think objectively. Every human being has lived its own, and guides his world views. It is unfortunate, but oh so common that we lack discernment in our positions, we are influenced by what we experienced in the past. The fierce rejection of the religion of Homais pharmacist in Madame Bovary Flaubert, and his almost mystical veneration of science and progress made him to be obtuse, limited and narrow-minded, when it is the same name of open-mindedness they claim to oppose the religion and its influence on his contemporaries. Homais opposed, of course, but so epidermal and unreflective. Its relationship to religion is passionate, and rejection can not be regarded as thought, but felt. Flaubert moreover well studied these mechanisms that cause the human mind to wallow in stupidity. To think, so do not just challenge, but doing it wisely, knowing, and able to justify his opposition. What's more annoying than these speech activists, learned by heart and recited at every opportunity to oppose that have only doctrinal justifications and arguments of any cut tangible reality?
This complacency in the negation is represented by the figure of the skeptic. The skeptic's doubt opposes any attempt to cause, and refuses every argument under the pretext that we can not access any certainty. From that premise is simply the denial of a loophole in the dark. Indeed, since no assurance is available, it undermines the very idea of rational thought, which should allow access to the truth. As such, our time is marked by a stream of thought, which tends to prove that in matters of morality, there is no universal truth, but there are different legal entities, each according to its own culture. This form of denial, systematic, is inherently destructive to the extent that it inhibits any attempt to identify universal moral principles. However, Kant, in Foundations of the Metaphysics of morals, shows that the reason objectively based morality, which is defined by the neglect and lack of affect of pity. This means that skepticism in this regard undermines the very idea of morality, because when morals are relative, we can substitute each other, and therefore there is no more moral. Morality in the Kantian sense is dictated by reason, therefore, deny the moral is prohibited due to its expression.
In this case, saying no, not thinking, saying no is to deny the existence of a possible truth, and all intellectual journey that would seek to discover. Denying the existence of a solution to a problem is voluntarily refrain from having any chance to fix it. However, if it happens that one was deceived, and that indeed a solution existed, it would have wasted valuable time, which would have been more useful for research. In this case, saying no is not subject themselves to think.

other hand, think it may also say yes. Thinking it may be a free position in favor of a theory. Can anyone argue that the astrophysicist who accepts the theory of big bang as his predecessors have scaffolded refuses to believe? It would be ridiculous and unfair. Contrary to what happens routinely in opinions, the scientist takes the trouble to check the path that has lead to theories. It's sort of learning. In science, there a point of submission, and intellectual honesty is perfect: everything is allowed to start, assumption or hypothesis, can legitimately be questioned, if it is a tangible fact just upset that it would only one of its logical consequences ... The scientist therefore think, in the sense that he built himself his knowledge of certain truths that others have demonstrated rationally, and be aware of what the new observations do not deny in any way consistent Overall, failing which he will attempt to construct a broader theory that takes into account these new developments. There

is no fundamental opposition between the act of thinking, and accept that, nor is there a link with one being that of denial. Think, it is therefore not always say yes or say no, but knowing when to say one or the other, and especially to justify their actions. To think is to be satisfied in the sense of Pascal's term, that is aware of the truth, because it imposes through reason, not because it results from a heteronomous attitude. Such is the vocation of the teacher, trying to track that of the cocoon of the blind childlike obedience through the chrysalis of adolescent rebellion, will lead to the flight of the adult responsible and autonomous, to its destiny as a free man. His freedom will only be effective from the time, sure of himself, he knows how to think, that is, why join, why or disprove.

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philosophy dissertation (6hrs Khâgne B / L ENS)

Topic: "It is nature itself, there is another me-too" Diderot



It is customary to blame one who delights in imitation to make only replicate what already exists. In this sense, imitation is the artificial breeding, which aims to identify, to resemble an object that is the original. In this perspective imitation nothing new hence the famous phrase: do not imitate, innovate. Imitation is also the one who plays the role of others, he is the one who adopts the same behavior, same mannerisms. This is the mocking imitation intended to ridicule those he imitates, this is also the imitation of the model makes it an admirer who the person imitated. In all cases, imitation involves reference to an otherness, it's how she opposed the kind of topic that imitates. Indeed, if the concept of nature refers to the idea of an essence of the subject, the imitation as she identifies with others differs from the ontological identity of the subject. Therefore, Diderot claims that is itself liable and that is another imitation. Can we imitate while remaining oneself? Why imitate when it is exposed to not be yourself?

Imitation comes to identify with others. It assumes that puts aside his own identity to assume the identity of otherness. The content of imitation is therefore intended explicitly different from the subject that mimics, in that it is a distinction between the avowed imitator and the imitated. In this sense, the actor imitates. It explicitly commits the distinction of his actions as they are the face of what he imitates. It follows that the actions he does play his control but must be attributed to the character he plays. Imitation is thus part of the role of others and not his own. It emerges from its nature and is in the nature of others. In his role of imitation, it is other than itself.
Therefore, Plato insists on the distinction between the poet and bard in Ion. While the poet is actually inspired by the gods, the bards are just acting poets. The bard does not really deliver the message, a message he does not elsewhere. The bards fit well in the role of others. Nature in this background, different poets who are the true custodians of the message of the gods. It is only in the form of imitation relates to be imitated. Imitation does that image and appearance of the imitated. Therefore, it is imitated on the superiority of the impersonator because he who is without being imitated can be emulated while the imitator is only if there is something to emulate. Once one follows the logic of imitation, it is subservient to that which is imitated, in its essence.
imitation is to reproduce the image of others. It is thus of the order of artifice. Evoking an object of imitation, mean its artifice. Imitating, it is therefore defined in the negativity of both as the artificial reproduction of the person imitated, but also because this reference to alterity implies a negation of his own nature.


But the assertion of identity can not be defined in negativity. Nietzsche, the will to power which is the assertion can not be negative. Therefore, the instinct is enhanced. The instinct is, in effect, a specific character of the self in Nietzsche's thought. It echoes the nature of itself that must be affirmed. Her assertiveness is opposed to the inability to say something. If imitation requires negativity of the self-nature, the instinct is to mirror the positive nature of self. It does not refer to others to assert themselves. Imitation is somehow an admission of weakness. The child imitates shows he has not acquired its own identity or at least he did not assume. In this sense, imitation is a sign of heteronomy because it involves reference to others to affirm his nature to exist. Nature itself takes the place of authenticity unlike imitation, which refers to others.
When Rousseau says that "man is good but society corrupts", it does not refer to both the state of nature and the nature of man as the essence. The concept of nature implies the idea of an essence. Therefore, it is question of the nature of a problem to describe what constitutes it. In his Discourse on the Origin and Foundations of Inequality, Rousseau shows that the issue of inequality arises when a man sings to assert his beautiful voice with others. Such an attitude creates an unequal relationship with others through song because this man stands as the best. Now is the best model and the model is that it must imitate. We thus find in imitation dimension of inequality is the one who imitates at a disadvantage compared to the person imitated. What is involved is the corruption of the nature of self in imitation to the extent that it involves someone as a reference model to achieve. It is this situation that are born of jealousy, lust and vanity.
The story of singing in Rousseau is in the context of seduction. Imitation is indeed a different result, eg seduction. So it's a role that is played. To achieve this goal the individual is imitation. The fallacy of imitation thus lies in the non-conformity to the nature of self. Imitate is veiling her face and take a face that is not hers. The refusal of this fallacy is reflected in the equivalence of formulas: "Be natural" and "Be yourself". They lead you can not be yourself than to the extent that it remains natural. Otherwise said, one is oneself when one does not play a role that is to say when one does not mask. For impersonate another is to take a mask. Now the masks are changed so imitation means the possibility of mutation. Imitate a way back to mutate as it is changing. Therefore, imitation does not correspond to an essence which implies continuity. It can therefore be self-imitation. Face changing, there is already something other than oneself. Only thus being natural would correspond to the true self.

However, if the natural hunting and returns to gallop, can not we design an imitation which is to be clear himself?

It may in fact that is itself only if it imitates. Such a state would account for the nature of being without essence of man. If imitation is the coating of a veil, so the being of man might be behind the veiling by imitations. In fact, it would imply the impossibility to define a species to humans. Imitation is the figure of the ownership of the world. The man can imitate animals, but the opposite is inconceivable. This means that imitation can be conceived as a mode of appropriating the world. So there is a positivity of imitation, which allows to affirm his being.
Desire also has a mimetic character. Should we conclude that the desire you are not yourself? The theory of triangular desire highlights the importance of others in the desire, that is to say that the object is desired by a subject only when it is desired by another subject. The fact that the subject arouses the desire to be coveted. Basically, the more it is coveted by others over the Desire is stoked. In fact, the mime is used to assert the desire to assert his ego. What is so committed is the assertion of the superiority of his desire to imitate others, even if at first. Mime the desire of others is only the means to assert themselves. But in reality imitation in itself is not sought, and it serves only as an hypothetical imperative to assert themselves. Can we find imitation explicitly distinguishing itself from others?
Pascal in the preface to the Treaty on the empty showcases imitation Alumni. The progress of science involves the imitation of the ancients, the reference to their authority. But it is not understood as imitation identical reproduction, because such an imitation condemns the statement of novelty and new generations. Imitation is the principle of seeking the truth that was dear to the ancients. Only as far as we refer to others in the former case, we can assert an identity. In this case, it is Pascal imitate than the discoveries of the ancients. Imitation which is not identical reproduction can therefore go beyond. There is no other than oneself, even if we refer here to an otherness: the authority of elders.


believe being yourself is not likely to involve no pulse or social conditioning that is constitutive of self. Imitation, how relationships with others, is no less ambiguous. Symbolic sign of submission or a lack of creativity, imitation is also the guarantee of progress in the conservation principles that underlie it. This means that if imitation necessarily refers to an otherness, it does not mean that either another.

Poem For Bridal Shower Gift For Money



Topic oral philosophy Khâgne B / L type ENS

Forgiveness

In community life, men are encouraged to compete against each other. However, conflicts are a source of hatred and resentment. Also, forgiveness is necessary to overcome this conflict to restore peace. The very concept of forgiveness involves the idea of donation as something undeserved. Thus, the pardon appears to fall free. But forgiveness also involves the possibility to be yourself for the wrongs they committed. Forgiveness can he be interested?
Besides even if forgiveness is sincere, it still poses problems. It is presented as the solution by forgetfulness or amnesty, avoids the prolonged conflict. Forgiveness can mean forgetting or denial of guilt to end the conflict?

I) Forgiveness involves the recognition of evil

Forgiveness amounts to no longer consider the harm we suffered. In other words, it is no longer held against the author harm which you are a victim. This is why forgiveness is a kind of gift that is to say that not to give harm to others. In this sense we speak of divine forgiveness. God's forgiveness means that the sinner will not have to "pay" reparations for the harm he has committed. But this forgiveness is through the recognition of his prior misconduct.
Thus, the pardon implies that the author of evil confesses his regret, his repentance. Forgiveness implies therefore not the denial of the evil committed but the recognition of evil then the evil act is guilty of "forgotten".
Therefore, forgiveness seems free or almost free. Thus, it is similar to the gift because it does in fact recognition of evil committed, hence the importance of confession. Forgiveness proves to be both the recognition of fault and clearing the fault. Indeed, the very act of forgiveness carries with it the recognition that something wrong has been committed. How what is presented as an oversight of evil, can simultaneously involve its recognition?

II) Forgiveness involves the sacrifice

If forgiveness involves the recognition of evil, evil can go unpunished. Beyond the recognition of oral forgiveness called a repair. The biblical example shows that forgiveness requires sacrifice. Israel and the sacrifice was necessary when the divine law was violated in the Old Testament. Divine forgiveness occurs only insofar as the law of retaliation was observed.
Under this model, the Christianity of Christ's sacrifice is a prerequisite for the forgiveness of humanity. But the fundamental difference lies in the fact that forgiveness is really a gift because the sinner is no longer the origin of sacrifice required by divine law. It is God himself who makes the sacrifice through of Christ. We find, however, the size of the deletion with the symbol of the blood that washed fault.
In some primitive societies, forgiveness also involves the destruction of property of the person who committed the foul. It is played as something symbolic, since the destruction of property symbolizes the destruction of sins. Also, evil for evil seems unforgivable. Absolute evil which asserts itself to be beyond the realm of forgiveness. Although
divine forgiveness is presented as the very model of what should be the pardon, it remains problematic in Judaism and Islam. It implies the idea of sacrifice. This sacrificial dimension undermines the idea of free education. Forgiveness does it not free?

III) A pure forgiveness of all sacrifice is it possible?

If forgiveness requires a sacrifice on the part of those who committed the fault, then it can be a pure forgiveness. Yet in Christianity, forgiveness does not involve sacrifice on the part of those who committed the foul. Could there be such a pardon in order truly human?
If we stick strictly to the right, there is need of repair but Rousseau has shown mercy allows man to surrender to indifference with respect to the misfortune of others. Pity may allow forgiveness, however this is only if we begin to place of others. So, pity the inverse relation, no mercy on one who has suffered badly but the one who committed it. This inversion is made possible by the fact of being put in place of the offender: "Forgive as you will be forgiven," says the Bible. This mode of forgiveness is certainly condemned by Nietzsche because it is the pity. On the one hand, Nietzsche rejects the morality of resentment that radically denies the pardon even though the harm done should not begin the sovereignty of self. On the other hand, pity is akin to the weakness of contradicting any desire for power. This forgiveness of pity is therefore a refusal assertiveness.


Forgiveness is possible only if there is recognition of fault. It is often thought as something reciprocal opening the possibility of being forgiven in turn. If it involves the pity, it is not pure interest and therefore s'entache inclination in the Kantian sense. A pure forgiveness is not considering a pardon for reciprocity. Gold in the formula of our father "Forgive us our trespasses as we forgive those who trespass against us ", we can consider that the Christian who forgive, forgive to be forgiven. He forgives so out of interest and thus compromises the morality in the Kantian sense of selfless act. Whether by inclination or by interest, forgiveness is not a pure forgiveness. True forgiveness is a pardon which adheres strictly to the recognition of fault.