scholarly journals Approaching or Re-thinking the Realm of Criminal Law?

2019 ◽  
Vol 14 (3) ◽  
pp. 307-318
Author(s):  
Nicola Lacey
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
The Political ◽  
Moral Foundations ◽  
The Past ◽  
Political Morality ◽  
To Come ◽  
Civil Order ◽  
Antony Duff

Abstract In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes (Duff et al. in The boundaries of the criminal law, 2010; The structures of the criminal law, 2011; The constitution of the criminal law, 2013; Criminalization: the political morality of the criminal law, 2014) and two fine monographs by Farmer (Making the modern criminal law: criminalization and civil order, 2016) and Tadros (Wrongs and crimes, 2016; see also Tadros in The ends of harm: the moral foundations of criminal law, 2011). It will shape the field for decades to come; and it has decisively laid to rest a longstanding puzzle about why, within criminal law theory, the principles underlying criminalisation had received relatively little attention as compared with those underlying, most obviously, criminal responsibility (cf. Lacey in Frontiers of criminality, 1995).

The Preventive Turn

2017 ◽  
Author(s):  
Henrique Carvalho
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Sociology ◽  
Theoretical Framework ◽  
The Political ◽  
Modern Development ◽  
The Subject

This concluding chapter applies the theoretical framework developed throughout the book to the contemporary framework of criminal law. It traces the ambivalence of criminal subjectivity through the modern development of criminal responsibility and liability in English criminal law, relying on the interaction between the work of criminal law scholars and the political sociology of citizenship proposed by T.H. Marshall. It concludes that the preventive turn in criminal law is primarily characterized by a condition of radical ambivalence, in which the responsibility and dangerousness of the subject of criminal law are found both overemphasized and in tension with each other. This condition, the chapter argues, is as much a consequence of contemporary socio-political insecurity as it is an expression of the inherently problematic character of liberal criminal law.

INDONESIA—GROWTH OF THE OIL INDUSTRY DURING 1970

1971 ◽  
Vol 11 (1) ◽  
pp. 43
Author(s):  
Ir. Soediono
Keyword(s):  
Crude Oil ◽  
Rapid Growth ◽  
Oil Industry ◽  
The Political ◽  
Political Climate ◽  
Oil Companies ◽  
The Past ◽  
Production Sharing ◽  
Start Up ◽  
To Come

The growth of the oil industry in Indonesia during 1970 was the result of Pertamina's policy of encouraging foreign oil companies to invest in the country. By the end of the year production-sharing contracts had been signed with more than 35 groups of companies.The stabilisation of the political climate under the new government enabled exploration to start up again during 1967 and the next two years saw a rapid growth in geological activity. This has led to the drilling of over sixty exploration wells during the past year, and expenditure on exploration is now in excess of $U.S. 150 million per annum. A large part of the exploration effort is directed to offshore acreage and has been rewarded with discoveries by Sinclair in 1969, followed in 1970 by IIAPCO, Union Oil and Cities Service. These finds are expected to lead to production in 1971. Production in 1970 was in excess of 900,000 BOPD, compared with 600,000 BOPD in 1966. Existing refineries are being rehabilitated, a new plant at Dumai is planned to come on stream in July, 1971, and a further refinery is proposed for Java. A polypropylene plant is being built at Pladju, South Sumatra.As the campaign against pollution intensifies, other countries, particularly Japan, are hopeful of further significant finds of the good quality, low sulphur crude oil known to exist in Indonesia.

Legalità e mutamenti giurisprudenziali nel diritto penale

2021 ◽  
Author(s):  
Andrea Galante
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The State ◽  
Criminal Offence ◽  
The Past ◽  
Temporal Effect ◽  
European Court ◽  
The Individual

Over the past several years, constitutional, supreme and human rights courts had to deal with the problem of adjudicative retroactivity in criminal law with ever-greater intensity. Following the case Contrada c. Italie, in which the European Court of Human Rights found a violation of the legality principle under Art. 7 due to an unforeseeable retrospective application of a judicially created criminal offence, the issue of citizens’ safeguard upon an overruling occurrence is even more in the foreground. What temporal effect is best given to an unfavorable overruling decision? Should its application be limited to acts and conduct occurring after it or should it operate retrospectively and subject to criminal responsibility those who, acting in reliance on an earlier decision, did only what courts declared to be lawful? A limited prohibition of adjudicative retroactivity in criminal law seems to help foster an up-to-date relationship between the individual and the state.

Chasing Rainbows: 2005–2020

2021 ◽  
pp. 253-294
Author(s):  
Justin Collings
Keyword(s):  
South Africa ◽  
Criminal Law ◽  
The Political ◽  
Constitutional Court ◽  
Economic Rights ◽  
The Public ◽  
The Past ◽  
Problematic Relationship ◽  
Constitutional Justice ◽  
The Government

This chapter highlights how the Constitutional Court of South Africa has engaged with the memory of apartheid since 2005. It shows how many of the patterns of earlier years persisted—aggressive invocations of apartheid in cases of criminal law or criminal procedure, or when the political stakes were low, but more reticence when confronting the government or applying socio-economic rights provisions. But there was a definite sea change as the Court increasingly confronted the clientelism, cronyism, and corruption that had become endemic to uninterrupted single-party rule. In 2016, the Court dramatically invoked the memory of apartheid to underwrite its decision requiring President Jacob Zuma and his abettors to repay the millions spent from the public treasury on a “security upgrade” to the president’s private residence in Nkandla. The chapter concludes by noting the problematic relationship between constitutional justice and collective memory, and describing how the Court, although it recognizes the problem, nonetheless remains committed to adjudicating in the present by the light of the past.

scholarly journals The criminalisation of symbols of the past: expression, law and memory

2014 ◽  
Vol 10 (3) ◽  
pp. 295-314 ◽  
Author(s):  
Agata Fijalkowski
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
The Political ◽  
Concerted Effort ◽  
The Past ◽  
Constitutional Tribunal ◽  
Historical Comparative ◽  
The Baltic ◽  
Political Realities

AbstractThis paper examines the criminalisation of symbols of the past. It considers the 2011 judgment of the Polish Constitutional Tribunal. In this compact and well-ordered decision, the Tribunal, with reference to key European examples, assessed critically the constitutionality of criminal law provisions that prohibit the dissemination and public use of symbols of the past pertaining to fascist, Communist or other totalitarian content. Its ruling, which found amendments to the law in Poland that tightened up restrictions on the use of totalitarian symbols to be unconstitutional, is considered within three important contexts: first, the broad European context, where the concept of totalitarian crimes has become subject to EU human rights legislation relating to the freedom of expression; second, the context of post-dictatorial Europe, where specific states have addressed the use of totalitarian symbols in their respective criminal laws; and finally, the context of transitional justice, where criminalising symbols of the past has become a central and permanent feature in European narratives about justice. Significantly, these cases reveal the temporal element of transitional justice. The paper discusses the two case-studies most relevant to Poland, namely those in Germany and Hungary. Reference is also made to the Baltic States, which, together with Poland, have made a concerted effort to bring the notion of totalitarian crimes and histories to the attention of Europe. The paper concurs with the contention that cases concerning the use of symbols provide an excellent illustration of where memory and law intersect. Using historical, comparative and contextual methodologies the paper demonstrates the legal and philosophical complexities of criminal uses of symbolism, the political realities, and the key dimension of transitional justice and its relationship to expression, law and memory.

scholarly journals The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System

2018 ◽  
Vol 2 (1) ◽  
pp. 19
Author(s):  
. Maryano ◽  
. Yuhelson
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
General Nature ◽  
The Political ◽  
Political Dimension ◽  
For Profit ◽  
Legal Standing ◽  
The Impact

<p>Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.</p><p>Keywords: Corporate crime of law politics, legal standing, subject crime of law. <br /> <br /> <br /> <br /> <br /> <br /> <br /> </p>

scholarly journals Ancient Greek and Byzantine Political Ethics

2018 ◽  
pp. 249-258
Author(s):  
Michail Mantzanas
Keyword(s):  
Political Community ◽  
Political Crisis ◽  
The Political ◽  
Political Ethics ◽  
Ancient Greek ◽  
Political Morality ◽  
Political Crises ◽  
To Come ◽  
The Individual ◽  
The City

The political morality that Plato and Aristotle supported was governed by various anthropological and social determinants, which means that they focused on man understood as a citizen and interpreted through the dialectic as well as through the prospects of the city’s happiness, since for both of them man was a social animal. The political ethics of Plato and Aristotle does not endanger the political community with political bankruptcy. This political morality does not start from intransigent principles to reach a compromise that has already been surpassed by the previous negative dynamics. The Byzantine political morality oscillates between the individual and the totality. It is not governed by individualism but rather by communitarianism, which entails that it confirms the dynamics of unity within the city. The Byzantine political morals is imbued with an anticipation of the political crisis, it seeks to identify any negative developments and strives to avoid the political marginalization of the citizens who are likely to rebel against any autocratic government. The Byzantine political morality is, thus, not an idle and selfish political introversion, concerned merely with political crises, conflict scenarios and conspiracy theories, as it strives to come up with various solutions that should guarantee political balance.

Civil Society, Dangerousness, and the Ambivalence of Liberal Civil Order

2017 ◽  
Author(s):  
Henrique Carvalho
Keyword(s):  
Civil Society ◽  
Criminal Law ◽  
The Political ◽  
Political Society ◽  
Social Imaginary ◽  
Jeremy Bentham ◽  
Political Theories ◽  
Civil Order ◽  
Conceptual Foundations

This chapter concludes the book’s investigation into the conceptual foundations of the ambivalence found in contemporary criminal law and subjectivity. It discusses how this ambivalence relates to the liberal social imaginary and to how this imaginary preserves a dichotomy between civil and political society. The chapter argues that this dichotomy allows the criminal law to appear legitimate and necessary even when it becomes authoritarian, and thus goes against the values which it is supposed to protect. The chapter develops this argument through an analysis of the political theories of G.W.F. Hegel and Jeremy Bentham.

Una triplice Vergangenheitsbewaltigung. La politica del passato in Germania

2009 ◽  
pp. 27-53
Author(s):  
Marzia Ponso
Keyword(s):  
Political Culture ◽  
Criminal Law ◽  
International Criminal ◽  
Specific Aspect ◽  
Point Of View ◽  
International Criminal Law ◽  
The Political ◽  
Historical Knowledge ◽  
The Past ◽  
Working Out

- The article discusses that specific aspect of German political culture known as Vergangenheitsbewältigung, i.e. the going over the totalitarian past through a threefold reworking: judicial (trials, convictions, political and administrative purges), economic (compensations and reparations) and cultural (a deep historical knowledge of what happened, the working out of moral and law criteria for judgment, an at least symbolic declaration of solidarity towards the victims). The German case is interesting because of its uniqueness. First of all, from the judicial point of view, the way the past was reworked has had an extraordinary impact, being at the root of present developments in international criminal law. From the political and the moral-philosophical perspectives, no other population has so thoroughly re-defined its identity with respect to its past: constitutional and post-national patriotism are a case in point. One more exceptional aspect is that, after the reunification, Germany has lived through a new Vergangenheitsbewältigung which suggests interesting comparative considerations.

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