Les préjudices professionnels des jeunes victimes de dommages corporels. Partie 2 : Les difficultés liées à l’évaluation des pertes de gains professionnels

Though professional damages in respect of young personal injury victims are recognized in principle by the Dintilhac group, and confirmed by the Court of Cassation in terms of full compensation for damages suffered, the assessment of such professional damages remains difficult, and the source of myriad legal disputes. Assessment of lost future earnings requires a specific approach: As regards the benchmark salary, judges base this on the average or median salary in France, taking into account the social and family environment which may represent a loss of opportunity. The jurisprudence recognizes that the permanent incapacity of the victim entitles them to lifetime compensation, mostly in the form of an annuity. However, while the civil judge considers that the payment of an allowance for disabled adults (AAH) or an educational allowance for disabled children (AEEH) does not interfere with the calculation of lost professional earnings, the administrative judge takes the opposite stance.     

Les préjudices professionnels des jeunes victimes de dommages corporels. Partie 3 : Les difficultés liées à l’évaluation de l’incidence professionnelle

Though professional damages in respect of young personal injury victims are recognized in principle by the Dintilhac group, and confirmed by the Court of Cassation in terms of full compensation for damages suffered, the assessment of such professional damages remains difficult, and the source of myriad legal disputes. The recognition and assessment of professional incidence raises the question of the risk of double compensation: The cumulative award of lifetime compensation for lost future earnings and of compensation for professional incidence not recognized at first by the 2nd chamber of the Court of Cassation is a source of debate in terms of both doctrine and jurisprudence. Though a source of discussion, the cumulative award of compensation for professional incidence and for educational, academic or training damages (PSUF) is more consensual.     

Les vicissitudes du préjudice d’agrément

The fate of the loss of amenity has always been related to the right of recourse of the third-party payers against the person in charge of the damage. The loss of amenity has been recognized by Law of the 27 December 1973. It was at that time that it was excluded from the recourse of the third-party payers. It was not the case of the physiological injuries which had always been submitted to the recourse of the third-party payers. At first, these injuries had included the disorders in the conditions of existence. But in 2005, the Dintilhac nomenclature adopted a restrictive conception of the loss of amenity. This damage is now defined as the impossibility to practice regularly a specific activity of sport or leisure. In addition, the Law of 21 December 2006 imposed on third-party payers to exercise their action only on pecuniary damage. The physiological injuries were therefore excluded from this action. The strict definition of loss of amenity is both adopted in Civil Law and Social law. But in these two areas, the analysis of the judicial practice reveals that it is undermined the right for the full repair of the victims under their loss of amenity. Accordingly, the question of the opportunity to widen once more the definition of the loss of amenity arises today.     

La pensée politique de Malinovski ou les ambiguités du prédécembrisme

Sans résuméConférence donnée à la Societé Belge de Philosophie, à Bruxelles, rue d'Egmont, le 13 mars 1971.     

Les groupes de parole de prévention de la récidive en France : observation des effets produits

Recidivism prevention became the core of mission of the probation service in France. Support groups were created in order to bring probationers’ social skills to enhance their reentry into society. This article describes the effects of such groups by evaluation of their effects on 19 probationers divided into 4 groups. Observations show that the effects are different according to the apprehension of subject, mission and which pedagogy is employed. Different process produced different effects onto probationers.     

La satisfaction au travail des adultes handicapés mentaux : Adaptation du Questionnaire de Satisfaction du Minnesota

The purpose of the study was to present an adaptation of the Minnesota Satisfaction questionnaire (MSQ) for workers with mental disorders. Based on a sample of 181 respondents, the alpha coefficients indicated high reliability for all scores. The average scores of satisfaction are high for these workers. The original and theoretical two-factor model demonstrated inadequate model fit. A four-factor 17-item model provided an acceptable fit to the data. The results are discussed in the light of previous studies; suggestions for professional use and for future research are proposed.     

La contribution des arbres de classification et de régression dans la prédiction de la récidive chez les délinquants sexuels adultes

Clinicians have access to several risk assessment instruments to evaluate the risk or recidivism in sexual offenders. Nevertheless, we seem to have attained a ceiling in the predictive validity of these instruments with the traditional techniques of items agglomeration. In this study, we offer a different combination of predictors with the classification and regression trees, and it, by taking into account the type of sexual offenders. The classification trees are constructed from predictors contained in seven actuarial instruments (VRAG, SORAG, RRASOR, STATIC-99, STATIC-2002, RM2000, MnSOST-R). In general, the classification trees have a higher predictive accuracy than the actuarial instruments and point out that it's not the same predictors that should be considered according to the type of offenders and the type of recidivism. Furthermore, classification trees identify correctly more recidivists than the best actuarial tool. In spite of the contribution of this approach, other types of predictors should also be considered to augment predictive accuracy: dynamic predictors, protective predictors as well as measurements based on theories like those on attachment styles (Marshall, D. R., Barbaree, H. E., 1990. An integrated theory of the etiology of sexual offending. In: Marshall, W. L., Laws, D. R. L., Barbaree, H.E. (Eds.), Handbook of sexual assault. New York: Plenum Press, pp. 257-275.) and cognitive distortions (Ward, T., Keenan, T., Hudson, S. M., 2000. Understanding cognitive, affective, and intimacy deficits in sexual offenders: a developmental perspective. Aggression and Violent Behavior, 5, 41–62.).     

L’instrumentalisation managériale des espaces de délibération formels: l’expérience des enseignantes du préscolaire/primaire

This study examines formal deliberation spaces’ structure and how they translate into collegial work structures. Based on a critical experientialist work theory and a materialist feminist perspective it considers formal deliberation spaces and teachers’ lived experiences. The methodology relies on a qualitative research design involving 25 primary school teachers and individual and group interviews. The results show many mandatory formal deliberation spaces within the work organization and highlight the limited possibilities for teachers to deliberate their day-to-day experiences within these spaces. The findings render visible the process by which the structure of formal deliberation spaces can be moulded and instrumentalized to benefit the administration and render invisible teachers’ lived experience, leading to institutional silencing.     

Le harcèlement : évolution du droit français et problématiques de l’évaluation des victimes

Medical doctors are often asked by patients victim of harassment, or even by the authorities, to establish medical certificate. Harassment is a complex phenomenon, covering a wide range of behaviours occurring in multiple situations. The writing of such a certificate can prove to be difficult, can be a cause of legal proceedings for clinicians, especially at a disciplinary level. Moreover, the evaluation is all the more complex since the qualification of harassment by the judge sometimes requires an evaluation of the impact on the victims under the form of a Total Work Incapacity (TWI) duration, but not under all the circumstances existing in French law. In this article, we first propose to address general consideration towards the writing of the certificate, before doing a systematic review of the successive evolutions of French penal and labour law regarding harassment in its most frequent forms. Finally, we propose to address the matter of victims evaluation, especially towards TWI duration evaluation, which does not seem to us an adapted tool regarding the fact that harassment is usually a chronical and durable phenomenon.     

La rétention de sûreté : punir,prévenir et guérir des troubles de la personnalité ?

The law of February 25, 2008 introduced security detention. This is a post-sentence measure intended for offenders who have served their sentence. This may apply to people with personality disorders. Because of these disorders, they are considered too dangerous to be left in society but the importance of the disorders was not sufficient to benefit from the mechanism of criminal irresponsibility. Is the real objective of preventive detention, as indicated in the law, to treat disorders or, more pernicious, to eliminate ex-convicts from society?