scholarly journals ON THE JESUIT-MARONITE PROVENANCE OF LEBANON'S CRIMINALIZATION OF HOMOSEXUALITY

2020 ◽  
Vol 35 (3) ◽  
pp. 380-406
Author(s):  
Ivan Strenski
Keyword(s):  
Moral Theology ◽  
Penal Code ◽  
Same Sex ◽  
Moral Thinking ◽  
Jesuit Missions ◽  
French Mandate ◽  
Penal Codes

AbstractArticle 534 of the Lebanese Penal Code, effectively, criminalizes homosexual practices. Most commentators have claimed that its existence in modern Lebanon is a “colonial relic,” specifically of the French Mandate, 1920–1946. But since 1791, French penal codes have not criminalized same-sex relations. I argue, instead, that Article 534 was the product of native religious, legal, and moral thinking among the Maronites, reinforced by the Thomistic and post-Tridentine moral theology taught in Lebanon by the Jesuit missions. Thomistic and post-Tridentine moral theology classified same-sex relations as worthy of condemnation as “unnatural acts”—the same language used in Article 534. Therefore, as a product of Lebanese political and religious sectarianism, Article 534 is a specific case of a congenial collaboration of Jesuit moral theology and a conservative Maronite ethical and legal koine.

Of Taming Carnal Desire

2020 ◽  
Vol 10 (1) ◽  
pp. 84-100
Author(s):  
Serawit B. Debele
Keyword(s):  
The State ◽  
Sexual Practices ◽  
Same Sex ◽  
The Past ◽  
Penal Codes ◽  
Dominant Narratives

Abstract Focusing on Ethiopia, an empire off-center, this article argues against dominant narratives that link the regulation of sexual practices to colonial (Western) imperial relations. Within this context, the paper investigates struggles over the past by contrasting two versions of history, discussing how different groups mobilize the past in contemporary Ethiopia. It begins by exploring the imperial, Christian roots of the country’s penal codes, interrogating how the state mobilizes such histories to criminalize same-sex desires and practices. The article then focuses its attention on those deemed “outlaws” by such legislation, exploring their search for histories silenced by empire, and their assertion as longstanding, integral parts of the country’s past.

scholarly journals Organizacja pracy więźniów w Królestwie Polskim w latach 1815-1867

2018 ◽  
Vol 69 (2) ◽  
pp. 111-135
Author(s):  
Justyna Bieda
Keyword(s):  
19Th Century ◽  
Penal Code ◽  
Public Works ◽  
16Th Century ◽  
Statutory Law ◽  
Penal Codes ◽  
Criminal Legislation ◽  
The 19Th Century ◽  
First Time ◽  
Additional Form

The convicts’ obligation to perform prison labour as an additional form of punishment beyond imprisonment appeared for the first time in the 16th century together with the creation of houses of correction. In the 19th century, statutory law pertaining to labour was regulated in many European penal codes. This concept was also included in the criminal legislation which was in force in the Kingdom of Poland, i.e. in the Penal Code (in forcesince 1818) and in the Code of Major and Correctional Punishments (since 1848). Initially, the work carried out by the prisoners in the Kingdom of Poland was primarily fiscal in nature. The purpose of the labour was for the prisoners to, at least partially, earn a living. However, the penitentiary concepts which began to emerge from the 1930s onwards also started to notice the educational and resocialization value of convict labour. At first, theprisoners were mainly engaged in public works. And later, after 1832, they were put to work in prison workshops and factories. Moreover, they performed services for the benefit of private individuals. The Penal Code obliged the prisoners to work in case of convicts placed in prisons and jails. The Code of Major and Correctional Punishments, which was in force since 1848, maintained the prison labour obligation of the convicts’ sentenced toimprisonment. This additional sanction was connected with the punishment of imprisonment in detention centres and it was also connected with being detained in workhouses or in houses of correction. People sentenced to lighter punishments and those temporarily deprived of liberty were free from penal labour.

scholarly journals India's homosexual discrimination and health consequences

2007 ◽  
Vol 41 (4) ◽  
pp. 657-660 ◽  
Author(s):  
Govindasamy Agoramoorthy ◽  
J Hsu Minna
Keyword(s):  
Hiv Infection ◽  
Present Article ◽  
Fundamental Rights ◽  
Penal Code ◽  
Same Sex ◽  
Colonial Era ◽  
British Colony ◽  
Modern Fiction ◽  
The Government ◽  
Indian Penal Code

A large number of countries worldwide have legalized homosexual rights. But for 147 years, since when India was a British colony, Section 377 of the Indian Penal Code defines homosexuality as a crime, punishable by imprisonment. This outdated law violates the fundamental rights of homosexuals in India. Despite the fact that literature drawn from Hindu, Buddhist, Muslim, and modern fiction testify to the presence of same-sex love in various forms, homosexuality is still considered a taboo subject in India, by both the society and the government. In the present article, the continuation of the outdated colonial-era homosexuality law and its impact on the underprivileged homosexual society in India is discussed, as well as consequences to this group's health in relation to HIV infection.

scholarly journals Woman and Liberal Revolution

2019 ◽  
Vol 50 ◽  
pp. 41-66
Author(s):  
Pilar Calvo Caballero
Keyword(s):  
Penal Code ◽  
Old Regime ◽  
The Feminine ◽  
Penal Codes ◽  
The Right

The study of the first liberal Penal Codes (Spanish from 1822/1848/1850 and Portuguese from 1852) shows that the Spanish and the Portuguese woman share the same legal frame, but for a few differences. This frame preserves the feminine pattern of behaviour established by the Old Regime Courts, subject to man’s authority and to marriage as a guarantee of social and family order, but with a change: man’s honor resting upon the woman is honesty, not any longer privileged (married and honest) but imposed (home angel) and punished (dishonest woman). Between applying mercy or an exemplary treatment to a woman, liberal law chooses the last. Woman is not the plural category of the Old Regime any more, but the dual category angel/dishonest, which brings about her fragilitas. This leads to equality among women and approach to men in most offenses, but for the glaring inequality with regard to honor. An exception: the Portuguese wife, protected against procuring, has the right to take vengeance on his husband for her honor, whereas the Spanish wife does not have that right. Keywords: Spanish Penal Code 1822/1848/1850. Portuguese Penal Code 1852. Woman. Fragilitas. Honesty.

Legitimate Defence in the Criminal Law of Iran and Islam

2003 ◽  
Vol 67 (4) ◽  
pp. 349-357
Author(s):  
Ebrahim Ghodsi
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Penal Codes ◽  
Islamic Literature

Legitimate defence was enacted in the Iranian Penal Code in 1991 and 1996 and covers defence of life, dignity, family, freedom and property of the person or another. Legitimate defence is differently addressed by Shiite and Sunnite jurists in Islamic literature. Attack and defence have their own conditions in the Iranian and Islamic Penal Codes. These conditions are evaluated and discussed in this article.

Measuring and explaining formal institutional persistence in French West Africa

2019 ◽  
Vol 57 (2) ◽  
pp. 183-202 ◽  
Author(s):  
Maya Berinzon ◽  
Ryan C. Briggs
Keyword(s):  
West Africa ◽  
Text Analysis ◽  
West African ◽  
Penal Code ◽  
Analysis Method ◽  
African Countries ◽  
French West Africa ◽  
Institutional Persistence ◽  
Penal Codes ◽  
Colonial Institutions

AbstractColonial institutions are thought to be highly persistent, but measuring that persistence is difficult. Using a text analysis method that allows us to measure similarity between bodies of text, we examine the extent to which one formal institution – the penal code – has retained colonial language in seven West African countries. We find that the contemporary penal codes of most countries retain little colonial language. Additionally, we find that it is not meaningful to speak of institutional divergence across the unit of French West Africa, as there is wide variation in the legislative post-coloniality of individual countries. We present preliminary analyses explaining this variation and show that the amount of time that a colony spent under colonisation correlates with more persistent colonial institutions.

Prosecuting Consensual Adult Sex

2018 ◽  
Author(s):  
Lucas A. Powe
Keyword(s):  
Sexual Behavior ◽  
State Legislature ◽  
The State ◽  
Penal Code ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Constitutional Amendments ◽  
Same Sex Marriage ◽  
Homosexual Conduct ◽  
Deviant Sexual Behavior

This chapter examines the legal battles in Texas over the issue of prosecuting consensual adult sex. In a 1963 revision of the Texas Penal Code, the state legislature liberalized the prohibitions on deviant sexual behavior. Sodomy was decriminalized for heterosexual couples, along with bestiality. Hence, a human could legally have sex with an animal but not with another human of the same sex. In the ensuing years there were halfhearted efforts to repeal and all were unsuccessful. The chapter discusses the 1998 case of John Lawrence, Tyron Garner, and Robert Eubanks relating to the issue of homosexuality, and more specifically, private homosexual conduct. It also considers the adoption of constitutional amendments on same-sex marriage in Texas and other states.

scholarly journals Organization of group forms of educational work with juvenile convicts in educational colonies in Russia and Belarus

2019 ◽  
Vol 13 (2) ◽  
pp. 294-298
Author(s):  
E. V. Khrabrova ◽  
◽  
D. A. Pavlenko ◽  
Keyword(s):  
Russian Federation ◽  
Penal Code ◽  
Correctional Institutions ◽  
Educational Work ◽  
Individual Group ◽  
Penal Codes ◽  
The Russian Federation ◽  
The Republic

Educational work with convicts is a tool of correcting them, which is enshrined in the penal codes of the Russian Federation and the Republic of Belarus. Currently there are various classifications of this work forms. Individual, group and mass forms of educational work with convicts are enshrined in the Penal Code of RF. The Belarusian legislator does not pursue the goal to regulate all forms and methods of its organization since this activity is of a pedagogical nature. Currently priority is given to individual forms of educational work with juvenile convicts in correctional institutions. At the same time group forms have enormous potential. The result of a correctly conducted work with a group of pupils may be a team characterized by the unity of the organization and psychological community. The need to use group forms of educational work is also due to the age characteristics of convicts. The article discusses various forms of educational work used in Russia and Belarus, focuses on specific forms such as meetings of collective councils and their sections, the preparation of collective and individual labor commitments, contests and meetings of the best workers and exemplary behavior, rationalizers and inventors, etc.

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