The Classification of Crimes in Respect of Continuity

1967 ◽  
Vol 2 (2) ◽  
pp. 232-269 ◽  
Author(s):  
S. Z. Feller

Any scientific discipline worthy of the name is successful in eliciting the essential nature of the area with which it is concerned and in identifying its basic categories and determining the rules applicable to the inter-relationship of these categories. On these conditions alone can scientific inquiry fulfil its major, perhaps only, task of solving the practical problems that arise in the particular area of study. In every science, therefore, a central place is assigned to an examination of its specific categories.Jurisprudence establishes general juridical categories that prevail in every branch of law. Yet each branch of law, including the criminal law, has laid down and delimited its own particular categories and continues to do so. From time to time social phenomena appear which do not lend themselves to the classificatory grouping of the current jurisprudential theory. In such cases, the scholar must extract the basic constituents of these phenomena, trace their specific consequences, determine their special nature and dovetail them into the classificatory system of the relevant branch of the law. From this process also derives the practical interest of the scholar in facilitating the smooth articulation of the actual phenomena with the previously prescribed categories and relating to them the legal effects specific to the category under which they fall to be grouped.

2019 ◽  
Vol 64 (1(251)) ◽  
pp. 127-138
Author(s):  
Grażyna Szyling

The key aim of the paper is to present a scientific review of Dorota Klus-Stańska’s book, Paradygmaty dydaktyki. Myśleć teorią o praktyce. The conducted analysis was subjected to unravelling these substantive and structural aspects of the textbook which reinvigorate the understanding of didactics as a scientific discipline, violate the matrices-based typologies and knock the reader out of automatisms. Conclusions from the analysis provided substantiation for proposing a classification of didactics reaching beyond their paradigmatic assignment, yet not discordant with it. Taking advantage of the relationship of particular types of didactics with their (a) paradigmatic assignment and (b) educational practice, the author distinguished stable, borderline and in statu nascendi didactics, posing at the end a question as to them being open to interparadigmatic translation.


2021 ◽  
pp. 171-185
Author(s):  
Malcolm Thorburn

The chapter focuses on Ripstein’s account of a doctrine that has caused a great deal of trouble to moral philosophers of law over the years: the equal criminal immunity of combatants. Thorburn sets out the contours of the Kantian approach to the morality of law, which begins with the relationship of public authority and only later proceeds to the evaluation of how that authority has been exercised. He then considers Ripstein’s application of that approach to the legal equality of combatants in war. Although Ripstein’s account suggests a comprehensive justification of the doctrine of equal criminal immunity, Thorburn shows that Ripstein’s chapter does not spell this out fully, though he outlines a way in which Ripstein can do so.


2019 ◽  
Author(s):  
Andrii Kofanov ◽  
Olena Kofanova
Keyword(s):  

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.


2007 ◽  
Vol 34 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Stephen A. Zeff

In 1959, the Accounting Principles Board (APB) replaced the Committee on Accounting Procedure because the latter was unable to deal forthrightly with a series of important issues. But during the APB's first half-dozen years, its record of achievement was no more impressive than its predecessor's. The chairman of the Securities and Exchange Commission (SEC), Manuel F. Cohen, criticized the APB's slow pace and unwillingness to tackle difficult issues. This article discusses the circumstances attending the SEC's issuance of an Accounting Series Release in late 1965 to demonstrate forcefully to the APB that, when it is unable to carry out its responsibility to “narrow the areas of difference” in accounting practice, the SEC is prepared to step in and do so itself. In this sense, the article deals with the tensions between the private and public sectors in the establishment of accounting principles in the U.S. during the mid-1960s. The article makes extensive use of primary resource materials in the author's personal archive, which have not been used previously in published work.


1995 ◽  
Vol 22 (1) ◽  
pp. 22-26 ◽  
Author(s):  
J. F. Spears ◽  
G. A. Sullivan

Abstract Classification of peanuts (Arachis hypogaea L.) based on pod mesocarp color has become a popular means of estimating maturity of runner peanuts. This study was initiated to determine if the hull mesocarp color is related to seed maturity of virginia-type peanuts and to evaluate changes in quality as seed mature. Cultivars NC 7 and NC 9 peanuts were harvested by hand in 1990, 1991, and 1992. Pods were separated according to mesocarp color. Seed moisture content and dry weight within a maturity class varied with cultivar and production year. Germination of NC 7 seed grown in 1990 and 1992 increased as seed approached maturity. Immature NC 9 seed grown in 1991 and 1992 had substantially lower germination than seed from mature pods. There was no increase in germination during maturation of NC 7 seed harvested in 1991 or NC 9 from 1990. Seed leakage during imbibition, measured by electrical conductivity, decreased as seed matured. The lowest leakage levels occurred when seed had reached physiological maturity. Germination following accelerated aging (AA) increased as seed matured. Maximum AA germination of NC 7 occurred when seed had reached 77, 84, and 100% of their final dry weight in 1990, 1991, and 1992, respectively. NC 9 seed achieved maximum germination following AA after the seed amassed at least 90% of their final dry weight.


Author(s):  
Vladimir I. Karnyshev ◽  
◽  
Vladimir I. Avdzeyko ◽  
Evgenia S. Paskal ◽  
◽  
...  

The forecasting of development trends and the timely revealing of new technical (technological) fields are the key prerequisite for an effective development of modern economy. Only reliable results of technological analysis (forecast) allow identifying new technologies, understanding the evolution of entire industries, carrying out strategic investment planning at the state level, and also planning R&D correctly. The aim of this work is to justify one of the possible approaches to the classification of technical (technological) fields in terms of assessing their relevance, novelty and short-term prospects. This approach is based on patent analysis, in particular, on the study of the time series features of US invention patents (1976-2018) for more than seventy-three thousand main groups (subgroups) of the 17th edition of the International Patent Classification (IPC17). The United States Patent and Trademark Office (USPTO) has been selected as the primary source of information because it is one of the world’s largest and constantly updated patent resources, providing direct access to full-text descriptions. In the authors’ opinion, a feature analysis of the US patent issue dynamics at time intervals (1976-2015, 2009-2018 and 2016-2018) allows dividing the IPC groups (subgroups) into the following three main clusters: “unpromising”, “promising” and “breakthrough”. In terms of the timely revealing of new, previously unknown, technologies or solutions in the technical field, or of the steadily growing technological trends, the “breakthrough” and “promising” subgroups are of the greatest practical interest. The article presents the results of an empirical classification of 71,266 subgroups (with a non-zero number of the issued patents since 1976 to 2018) in eight sections of the IPC17. These data may be useful for developers, researchers and R&D planners in solving complex scientific and technical problems, as well as for making short-term forecast estimates of a specific technical (technological) field development.


2021 ◽  
pp. 150
Author(s):  
Ruslan G. Aslanyan

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.


2017 ◽  
Vol 19 (01) ◽  
pp. 1-6 ◽  
Author(s):  
Diego Schrans ◽  
Pauline Boeckxstaens ◽  
An De Sutter ◽  
Sara Willems ◽  
Dirk Avonts ◽  
...  

BackgroundFamily practice aims to recognize the health problems and needs expressed by the person rather than only focusing on the disease. Documenting person-related information will facilitate both the understanding and delivery of person-focused care.AimTo explore if the patients’ ideas, concerns and expectations (ICE) behind the reason for encounter (RFE) can be coded with the International Classification of Primary Care, version 2 (ICPC-2) and what kinds of codes are missing to be able to do so.MethodsIn total, 613 consultations were observed, and patients’ expressions of ICE were narratively recorded. These descriptions were consequently translated to ICPC codes by two researchers. Descriptions that could not be translated were qualitatively analysed in order to identify gaps in ICPC-2.ResultsIn all, 613 consultations yielded 672 ICE expressions. Within the 123 that could not be coded with ICPC-2, eight categories could be defined: concern about the duration/time frame; concern about the evolution/severity; concern of being contagious or a danger to others; patient has no concern, but others do; expects a confirmation of something; expects a solution for the symptoms without specification of what it should be; expects a specific procedure; and expects that something is not done.DiscussionAlthough many ICE can be registered with ICPC-2, adding eight new categories would capture almost all ICE.


2017 ◽  
Vol 34 (2) ◽  
pp. 256-274
Author(s):  
Aline Neris de Carvalho Maciel ◽  
Francisco Otávio Landim Neto ◽  
Edson Vicente da Silva

O presente artigo objetivou analisar como o povo Jenipapo Kanindé, da Terra Indígena (TI) Lagoa da Encantada (Aquiraz, Ceará), compreende a Educação Ambiental (EA). Para tanto, foram realizadas entrevistas semi-estruturadas com membros-chave da comunidade e escolhida a escola local como ambiente favorável à EA crítica. Adotou-se uma adaptação das “Fases de Planejamento e Gestão Ambiental” estabelecidas por Rodriguez e Silva (2013) como percurso metodológico e a divisão da EA definida por Layrargues e Lima (2014) para categorizar as respostas dos entrevistados. Percebeu-se que a etnia possui uma visão não crítica da EA, desde sua conceituação até suas possibilidades de atuação no combate aos problemas existentes na TI. Por fim, estabeleceram-se proposições em EA crítica, com foco na educação indígena diferenciada que é promovida na escola local. O presente artículo objetiva analizar como el pueblo Jenipapo Kanindé, de la Tierra Indígena (TI) Lagoa da Encantada (Aquiraz, Ceará), percibe la a Educación Ambiental (EA). Para tanto, fueron realizadas entrevistas semiestructuradas con integrantes clave de la comunidad y definida la escuela local como ambiente favorable a la EA crítica. Fueron adoptadas y adaptadas las “Fases de Planeamiento y Gestión Ambiental” establecidas por Rodriguez y Silva (2013) como recorrido metodológico y la división de la EA definida por Layrargues y Lima (2014) para categorizar las respuestas de los entrevistados. Fue constatado que la etnia tiene una visión no crítica de la EA, desde su conceptuación hacia sus posibilidades de actuación en el combate a los líos existentes en la TI. Al final, son hechas propuestas en EA crítica, mirando la educación indígena diferenciada que es promovida en la escuela local. The present paper aimed to analyze how the Jenipapo Kanindé people of the Indian Land (IL) Lagoa Encantada (Aquiraz, Ceará) understands Environmental Education (EE). To do so, semi-structured interviews were applied to key members of the community and a local school was chosen as a place favorable to critical EE. An adaptation of “Phases of Environmental Planning and Management” by Rodriguez and Silva (2013) and the classification of EE defined as in Layrargues and Lima (2014) were adopted as a methodological pipeline and to categorize the respondents’ answers, respectively. It was realized that the ethnic group has a non-critical perception of EE, starting from its conceptualization to taking possible measures to fight against the ongoing problems in the IL. Finally, purposes of critical EE focused on the differential education of the indian people promoted in the local school were established.


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