scholarly journals Fighting for the “Right” Narrative: Introduction to Conflicting Narratives of Crime and Punishment

2020 ◽  
pp. 1-20
Author(s):  
Martina Althoff ◽  
Bernd Dollinger ◽  
Holger Schmidt
Keyword(s):  
Crime And Punishment ◽  
The Right

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals THE LAST WOLF. THOMAS HOBBES’ PHILOSOPHY OF CRIME AND PUNISHMENT

2019 ◽  
Vol 1 (1) ◽  
pp. 75-127
Author(s):  
Silvia Alves
Keyword(s):  
Political Science ◽  
Legal System ◽  
Legal Theory ◽  
Thomas Hobbes ◽  
Modern Theory ◽  
Judicial Discretion ◽  
Crime And Punishment ◽  
Ex Post ◽  
Ex Post Facto ◽  
The Right

This article draws a reconstruction of Thomas Hobbes’ philosophy of crime and punishment. In Leviathan or Philosophical rudiments (De Cive) political science, legal theory and philosophy of crime and punishment compose a coherent unity. This scenario where power and law emerge allows to erect an extraordinarily modern theory that shelters preference for statutory law and suspicion of judicial discretion; consistency and predictability of the legal system; preventism and utilitarianism on punishments; prohibition of ex post facto laws and, in general, defense of strict legality. Boldness and the disconcerting frankness of Hobbes’ thinking coexist with some defiant antinomies. The duty to obey never eclipses the inalienable right to self-preservation. And the theorist of absolute sovereignty can present himself as an unexpected liberal. But perhaps the most disturbing is the permanent reminder that punishment remains brutal violence. The right to punish and the right to resist are the brutal remains of the state of nature.

Crime and Punishment: And a Footnote on Tort

2019 ◽  
pp. 263-288
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Eighteenth Century ◽  
Criminal Law ◽  
Bill Of Rights ◽  
Crime And Punishment ◽  
Late Eighteenth Century ◽  
Penal Reform ◽  
Late Eighteenth ◽  
Penal Law ◽  
History Of ◽  
The Right

This chapter discusses the history of American criminal law, covering penal law and penal reform, prison, and tort. The criminal law is an important lever of power, for any government. The leaders of the American Revolution felt strongly that the British were trampling on American rights and were abusing criminal justice. The right to a fair criminal trial was a fundamental right, in their eyes. The Bill of Rights was a kind of minicode of criminal procedure. Moreover, in the late eighteenth century, scholars were rethinking the premises on which criminal law rested. Great reformers called for a more enlightened system of criminal law.

scholarly journals БОРЬБА ВИЗАНТИИ ЗА ПРАВО ВЛАДЕНИЯ ИТАЛИЕЙ: ИСТОРИКО-ЮРИДИЧЕСКАЯ ХАРАКТЕРИСТИКА ВОЙНЫ 541-552 гг.

2019 ◽  
Vol 3 (1-2) ◽  
pp. 65-104
Author(s):  
Виктор Мельник
Keyword(s):  
Roman Empire ◽  
Legal Status ◽  
Political Process ◽  
Political Orientation ◽  
Crime And Punishment ◽  
Personal Property ◽  
State Apparatus ◽  
Imperial Power ◽  
The Right ◽  
Military Campaign

Смена военно-политической принадлежности, часто практиковавшаяся в войне 541-552 гг., не выходила за рамки общепринятого политического процесса (учитывая провинциальный статус Италии в Византии, речь шла о процессе внутриполитическом). Знатью и солдатами руководила, прежде всего, жажда сохранить жизнь и занимаемое экономическое положение. Они не приносили присягу заново и не считались новобранцами. Они просто меняли политическую ориентацию, но не юридическую принадлежность. Эта тонкая грань, анализируемая в данной статье, хорошо видна в контексте второй итальянской военной кампании 541-552 гг., которую мы характеризуем как «борьбу Восточной Римской империи за право владения провинцией Италия». В любом случае, война 541-552 гг., по своему правовому положению, была гражданской войной внутри Римской империи, которая развивалась по типичной формуле «преступления и наказания». Сначала был факт неповиновения императорской власти, а затем последовало наказание и применение силы. Нарушение закона повлекло за собой санкцию государственного аппарата. Статья опровергает суверенный статус Остготской Италии в рассматриваемый период. Ключевые слова: Восточная Римская империя (Византия), личная собственность императора, византийская Италия, Юстиниан Великий, король Тотила, полководец Нарсес, правовой статус гражданской войны. THE STRUGGLE OF BYZANTIUM FOR THE RIGHT TO OWN ITALY: HISTORICAL AND LEGAL CHARACTERISTICS OF THE WAR IN 541-552 AD The change of military-political affiliation often practiced in the war of 541-552 AD, did not go beyond the generally accepted political process (given the provincial status of Italy in Byzantium, it was a domestic political process). The noblemen and soldiers were led, first of all, by a thirst to preserve life and economic position. They did not take the oath again and were not considered recruits. They simply changed their political orientation, but not their legal affiliation. This fine line, analyzed in this article, is visible in the context of the second Italian military campaign of 541-552 AD, which we characterize as the “struggle of the Eastern Roman Empire for the right to own the province of Italy”. In any case, the war of 541-552 AD, according to its legal status, was a civil war within the Roman Empire, which developed according to the typical formula of “crime and punishment”. At first, there was a fact of disobedience to imperial power, and then the punishment and the use of force followed. Violation of the law entailed the sanction of the state apparatus. The article refutes the sovereign status of Ostrogoth Italy in the period under review. Keywords: Eastern Roman Empire (Byzantium), Personal Property of the Emperor, Byzantine Italy, Justinian the Great, King Totila (Badulla), Commander Narses.

The Symbolism of Oak Leaves in Dostoevsky’s Notebooks (Drafts) to Crime and Punishment (with illustrations)

2021 ◽  
Vol 22 (1) ◽  
pp. 5-44
Author(s):  
Konstantin Barsht
Keyword(s):  
Key Words ◽  
19Th Century ◽  
The Novel ◽  
Crime And Punishment ◽  
The Third ◽  
New Interpretation ◽  
The Right ◽  
The 19Th Century ◽  
Oak Leaves

Abstract The article offers a new interpretation of the various expressions of the motif or sign of oak leaves, contained in the manuscript drafts of the novel Crime and Punishment. The expressions of the motif are decoded in the style of 3D letters, pointing to the key words of the third draft of the novel: “Dostoevsky”, “Journal”, “Routine”. These signs, which are part of Dostoevsky’s ideographic language, belong to the period of work on the novel from October to December 1865. It is the period in which the hero’s ideology was radically transformed, and the philanthropic motivation of the murders (to help the mother and the sister) was substituted by the “Napoleonic idea” (“am I a trembling worm or do I have the right”). The examination of these signs in conjunction with the writer’s notes contiguous with them, leads to the inference that these signs are genetically connected with the heraldry of the Dostoevsky clan, as well as with the symbolism of the 19th century “mundir” (uniform) attributions: the oak leaves were embroidery adorning a general’s “mundir”, and were a sign of recognition “for outstanding service”. Napoleon’s uniform, at the time of the Battle of Marengo, also had oak leaves embroidery; the battle is mentioned twice by Dostoevsky in the course of work on Crime and Punishment.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

Study of charge transfer in FeTi

1983 ◽  
Vol 41 ◽  
pp. 296-297
Author(s):  
J. Taft∅
Keyword(s):  
Charge Transfer ◽  
Charge Distribution ◽  
Electron Scattering ◽  
Periodic System ◽  
Electron Distribution ◽  
Scattering Amplitude ◽  
Transition Elements ◽  
Hartree Fock ◽  
Cscl Structure ◽  
The Right

It is well known that for reflections corresponding to large interplanar spacings (i.e., sin θ/λ small), the electron scattering amplitude, f, is sensitive to the ionicity and to the charge distribution around the atoms. We have used this in order to obtain information about the charge distribution in FeTi, which is a candidate for storage of hydrogen. Our goal is to study the changes in electron distribution in the presence of hydrogen, and also the ionicity of hydrogen in metals, but so far our study has been limited to pure FeTi. FeTi has the CsCl structure and thus Fe and Ti scatter with a phase difference of π into the 100-ref lections. Because Fe (Z = 26) is higher in the periodic system than Ti (Z = 22), an immediate “guess” would be that Fe has a larger scattering amplitude than Ti. However, relativistic Hartree-Fock calculations show that the opposite is the case for the 100-reflection. An explanation for this may be sought in the stronger localization of the d-electrons of the first row transition elements when moving to the right in the periodic table. The tabulated difference between fTi (100) and ffe (100) is small, however, and based on the values of the scattering amplitude for isolated atoms, the kinematical intensity of the 100-reflection is only 5.10-4 of the intensity of the 200-reflection.

New Dimensions in Freeze-Etching

1969 ◽  
Vol 27 ◽  
pp. 202-203 ◽  
Author(s):  
Russell L. Steere ◽  
Michael Moseley
Keyword(s):  
Fracture Surfaces ◽  
Aluminum Specimen ◽  
Specimen Holder ◽  
Freeze Etching ◽  
The Right

A redesigned specimen holder and cap have made possible the freeze-etching of both fracture surfaces of a frozen fractured specimen. In principal, the procedure involves freezing a specimen between two specimen holders (as shown in A, Fig. 1, and the left side of Fig. 2). The aluminum specimen holders and brass cap are constructed so that the upper specimen holder can be forced loose, turned over, and pressed down firmly against the specimen stage to a position represented by B, Fig. 1, and the right side of Fig. 2.

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