Contenu du sommaire : L'emploi, l'entreprise : nouvelles normes, nouvelles règles.

The Establishment of Working Time : Social Norms or Legal Norms ? This study investigates the link between both legal and social types of legitimisation of working time. The analysis first brings out the historical emergence of working time as a social and legal norm in the XIXth century, in order to then examine its hybrid character through a sociological approach to regulations, bargaining and conflicts over working time. Our inquiry into two companies points out where conflicts occur between legal rules and customary practice regarding working time. The paper shows that the evolution of the social use of the law depends on the situation of the company, especially with respect to employment. In conclusion, rather than opposing the social to the legal components of working time, we take into account their mutual interaction within the establishment of the actual rules of working time.

The Firm : Conflicts and Regulation(s). Compared to legal laws, the massive intervention of the state was in the past linked to a form of conflict based on the "centrality of labour" and a "specific image of the producer". With the emergence of new paradigms related to the market-place, productivity and employment, original Systems of interactions appear and further extend the relationship between "workers" and "employers". The transformation of the conflict (and the crisis of former types of conflicts) thus questions the role of the state as regulator (itself in crisis). It means changing from a "joint regulation" to a more complicated regulation System and implies new approaches which concern the reconstitution of state functions, links between collective negotiations and the creation of rules, and the emergence in firms of some degree of "self-regulation".

From Internalized to Externalized Regulation : The Case of French Telecommunications. Over the last two centuries, the French telecommunications' sector has been developing according to various regulatory patterns : private firm, public service company, monopolistic administration. While the administrative form has been dominant, unique forms of regulation - based on private subsidiaries, ad hoc territorial structures, a tight control of manufacturers and specific financing procedures - took place and allowed the operator to adjust to a changing environment. The privatization and liberalization of French telecommunications is leading to the externalization of these modes of regulation.

Labour Markets : Rules and Career Norms. An International Comparison France-New Zealand. France and New Zealand have reacted in very different ways to the economic developments they have had to face. New Zealand, after several decades of State intervention, has engaged in a radical program of reforms including Labour Law and Industrial Relations. France has remained more attached to the Welfare State tradition. This article presents research which relates career representations with the evolution of labour markets in both countries. In each case, a process of redefining careers and employment norms is underway, however, the manner in which each represents life cycles and employment barriers differ.

Opacity of Fact vis-à-vis the Illusory Clarity of Law. If the act of retaining a fact, whose evidence is admissible before a court, as an objective piece of information that can be identified and apprehended is illusory, the clarity of law itself is no less illusory. Three domains of judicial activity have been selected : criminal proceedings, civil action and family litigation. The first two share the indissolubility of fact and law due to the impossibility of apprehending "the facts" outside the legal conceptualization through which they are made significant. As for family litigation, nowadays it has surrendered to a discretionary judicial evaluation under the guise of moralizing legal norms.

This article reports results of a larger sociological and historical study on the functioning of the family assembly - the main protective organ in guardianship organization according to the Civil Code, presided over by the justice of the peace - in 19th century Flanders. Guardianship regulations clearly intended to principally protect the material interests of the persons concerned and those of their families. If, initially, we might be tempted to conclude that this protection of goods didn't seem to constitute a major problem, further investigation undermines this assumption. A part of the actual role of guardianship - including care for goods and persons - remains unknown and there are indications casting doubt on the efficiency of guardianship protection.

Between Under-Integration and Over-Integration : The Lack of Citizenship in the Countries of Peripheral Modernity. The article addresses the problem of the lack of citizenship within the context of relations of under-integration and over-integration into social Systems, particularly the legal-political System, regarding the countries of peripheral modernity. After delimiting the concept of citizenship and analysing its symbolic-political uses (regarding constitutional déclarations), the author examines how the exercise of these rights is put into practice in Brazil. According to the author, the dejuridification in the process of constitutional realization, which is related to the lack of autonomy and identity of the legal sphere, would be the origin of an "under-citizenship" as well as of an "over-citizenship".