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La métamorphose du risque professionnel puise ses sources dans la mutation de la représentation du risque professionnel factuel qui a permis la consécration de la notion de maladie professionnelle. Substituée à l'accident du travail comme centre de gravité du droit des risques professionnels, elle devient le point d'impulsion d'une réflexion nouvelle du concept juridique de risque professionnel entraînant la mutation du risque professionnel pris en charge. Cette métamorphose, dans le droit de la Sécurité sociale, permet la réactivation de l'obligation de sécurité de l'employeur qui irradie le droit du travail et entraîne l'affirmation du droit à la santé et à la sécurité des travailleurs. Partant, la réparation des atteintes à la santé du travailleur est considérablement étendue. Néanmoins, cette construction se heurte à des obstacles de taille, et s'accompagne d'incohérences, qu'il faut dépasser.
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
How well are the French? What are the most important health-related issues for children of under 15 years of age, for young and older adults, for the elderly? What geographically and socially based inequalities affect health status? How can patients and users of the health care system -- members of the public -- be brought into the making of decisions that affect them in this literally vital field? Is our health care system well organised? And is it working in an efficient and democratic way? How are questions of resource allocation settled? This is the third in a series of official reports (the previous ones were published in 1994 and 1998) compiled by the High Committee on Public Health to analyse health status in the country, with an in-depth review of the strengths and weaknesses of the system as a whole. This report combines a critical analysis of the current health care system with a review of key current and projected health-related issues, focusing on public health targets identified from as broad and all-inclusive a perspective as possible.
In this monumental book, sociologist Robert Castel reconstructs the history of what he calls "the social question," or the ways in which both labor and social welfare have been organized from the Middle Ages onward to contemporary industrial society. Throughout, the author identifies two constants bearing directly on the question of who is entitled to relief and who can be excluded: the degree of embeddedness in any given community and the ability to work. Along this dual axis the author locates virtually the entire history of social welfare in early-modern and contemporary Europe.This work is a systematic defense of the meaningfulness of the category of "the social," written in the tradition of Foucault, Durkheim, and Marx. Castel imaginatively builds on Durkheim's insight into the essentially social basis of work and welfare. Castel populates his sociological framework with vivid characterizations of the transient lives of the "disaffiliated": those colorful itinerants whose very existence proved such a threat to the social fabric of early-modern Europe. Not surprisingly, he discovers that the cruel and punitive measures often directed against these marginal figures are deeply implicated in the techniques and institutions of power and social control.The author also treats the flipside of the problem of social assistance: namely, matters of work and wage-labor. Castel brilliantly reveals how the seemingly objective line of demarcation between able-bodied beggars those who are capable of work but who chose not to do so and those who are truly disabled becomes stretched in modernity to make room for the category of the "working poor." It is the novel crisis posed by those masses of population who are unable to maintain themselves by their labor alone that most deeply challenges modern societies and forges recognizably modern policies of social assistance.The author's gloss on the social question also offers us valuable perspectives on contempo
Develops a theory of contemporary culture that relies on displacing economic notions of cultural production with notions of cultural expenditure. This book represents an effort to rethink cultural theory from the perspective of a concept of cultural materialism, one that radically redefines postmodern formulations of the body.
Through careful analysis of contemporary records in the engineering profession, the author shows how management invented itself and carved its own domain in the face of hostility and resistance from both manufacturers and workers. The book demonstrates how the new language and rhetoric of management emerged, and how it confronted and replaced the language of traditional capitalism: "system" instead of "individuals"; "jobs" instead of "natural rights"; "planning" instead of "free initiatives".
American society today is shaped not nearly as much by vast open spaces as it is by vast, bureaucratic organizations. Over half the working population toils away at enterprises with 500 or more employees--up from zero percent in 1800. Is this institutional immensity the logical outcome of technological forces in an all-efficient market, as some have argued? In this book, the first organizational history of nineteenth-century America, Yale sociologist Charles Perrow says no. He shows that there was nothing inevitable about the surge in corporate size and power by century's end. Critics railed against the nationalizing of the economy, against corporations' monopoly powers, political subversion, environmental destruction, and "wage slavery." How did a nation committed to individual freedom, family firms, public goods, and decentralized power become transformed in one century? Bountiful resources, a mass market, and the industrial revolution gave entrepreneurs broad scope. In Europe, the state and the church kept private organizations small and required consideration of the public good. In America, the courts and business-steeped legislators removed regulatory constraints over the century, centralizing industry and privatizing the railroads. Despite resistance, the corporate form became the model for the next century. Bureaucratic structure spread to government and the nonprofits. Writing in the tradition of Max Weber, Perrow concludes that the driving force of our history is not technology, politics, or culture, but large, bureaucratic organizations. Perrow, the author of award-winning books on organizations, employs his witty, trenchant, and graceful style here to maximum effect. Colorful vignettes abound: today's headlines echo past battles for unchecked organizational freedom; socially responsible alternatives that were tried are explored along with the historical contingencies that sent us down one road rather than another. No other book takes the role of organizations in America's development as seriously. The resultant insights presage a new historical genre.
Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae. The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.
The first book to attempt to provide a framework for analyzing disability through the ages, Henri-Jacques Stiker's now classic A History of Disability traces the history of western cultural responses to disability, from ancient times to the present. The sweep of the volume is broad; from a rereading and reinterpretation of the Oedipus myth to legislation regarding disability, Stiker proposes an analytical history that demonstrates how societies reveal themselves through their attitudes towards disability in unexpected ways. Through this history, Stiker examines a fundamental issue in contemporary Western discourse on disability: the cultural assumption that equality/sameness/similarity is always desired by those in society. He highlights the consequences of such a mindset, illustrating the intolerance of diversity and individualism that arises from placing such importance on equality. Working against this thinking, Stiker argues that difference is not only acceptable, but that it is desirable, and necessary. This new edition of the classic volume features a new foreword by David T. Mitchell and Sharon L. Snyder that assesses the impact of Stiker’s history on Disability Studies and beyond, twenty years after the book’s translation into English. The book will be of interest to scholars of disability, historians, social scientists, cultural anthropologists, and those who are intrigued by the role that culture plays in the development of language and thought surrounding people with disabilities.