Family and Public Law ; Famille et droit public Recherches sur la construction d'un objet juridique

Une version remaniée a été publiée sous les références suivantes : Eric Millard Famille et droit public, recherches sur la construction d'un objet juridique LGDJ, Paris, 1995 Collection Bibliothèque de droit public Tome 182 Préface Jean-Arnaud Mazères Avant-propos Marie-Anne Cohendet Lien fiche HAL-SHS : http://halshs.ccsd.cnrs.fr/halshs-00009967 ; Family is, in terms of public law, a notion which acts as a sort of reference for a number of directly operational concepts, but at the same time, without there being a single and exact definition in substantive law or doctrine. The importance of this notion has nevertheless become such, notably through the constitutionally protected right to lead a normal family life and the various public-sector actions aimed at families, that one can no longer simply observe the presence of the notion in legal pronouncements and an attempt has to be made to develop a coherent description of the notion of family. That is the intention of this thesis. This will require the application of methods of analysis that will allow us to get behind the manifest diversity that is the public law concept of family, to attempt to discover its real contents. This will involve considering the origins of the constructed notion and the legal processes that have constructed the notion of amily, using a global analytical grid. This would show the State and the Family as social phenomena with direct links of dependence and opposition. Public law would be seen as an instrument enabling the reconstruction of the social reality of these links, through the construction of the legal notion of the family. One can then show how, by means of this reconstruction, the State protects the only concept of the family that, through its forms and above all its functions, is useful for its own construction and how, in doing this, it places it in a context of social control through the use of legal techniques that ensure its representation and its administration. ; La famille est pour le droit public un objet qui sert de ...