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Des manifestations du pluralisme juridique en France : L'émergence d'un droit français des minorités nationales

Abstract : For centuries, the official discourse of the French legal authorities has been based on republican principles such as unity, equality and indivisibility, therefore excluding any kind of legal recognition of national minorities in France. However, the study of positive law gives evidence of a much more subtle legal reality towards minority groups. For several years, the state legal order has been progressively opening to socio-cultural diversity. Certain categories of the French national population, which could be de facto considered as national minorities, have been enjoying differentiated rights, customary status, institutional and normative autonomy and, for some of them, self-determination. The state therefore tends to grant some minority groups the right to have their own rights. These evolutions shape a legal pluralism that is not without questioning the foundations of the French Republic. Indeed, the study of this legal pluralism "à la française" reveals a diversification of the sources and of the content of the state legal order. Such a diversification calls into question the legal unity within the state and, above all, the legal centralism traditionally presenting the state as the unique source of law. These legal évolutions that affect the French overseas territories as wall as the home country lead to the emergence of a French minority law whose outlines are progressively taking shape.
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Contributor : Sabine Lavorel Connect in order to contact the contributor
Submitted on : Monday, September 22, 2014 - 6:40:22 PM
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  • HAL Id : tel-01067065, version 1



Sabine Lavorel. Des manifestations du pluralisme juridique en France : L'émergence d'un droit français des minorités nationales. Droit. Université Pierre Mendès-France - Grenoble II, 2007. Français. ⟨NNT : 2007GRE21027⟩. ⟨tel-01067065⟩



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