Hegel's Theory of Crime and Punishment

1982 ◽  
Vol 44 (4) ◽  
pp. 523-545 ◽  
Author(s):  
Lewis P. Hinchman
Keyword(s):  
Political Philosophy ◽  
Criminal Justice ◽  
Criminal Law ◽  
Philosophy Of Language ◽  
Political Legitimacy ◽  
Vantage Point ◽  
The State ◽  
Crime And Punishment ◽  
Theory Of Crime

In recent times, the issues surrounding crime and punishment have seldom been discussed from the vantage point of political philosophy. Instead, they have tended to become the province of lawyers, psychologists, and specialists in ethics or the philosophy of language. Whatever the merits of their respective contributions may be, such writers usually have assumed that the basic questions of political legitimacy and the state's authority to enforce criminal law have been settled. In effect, they ask: given a state which already possesses a legitimate system of criminal justice, whom should the state punish (if it does at all), why, and under what circumstances?

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.

Criminal Law as Public Law I

2018 ◽  
pp. 1-34
Author(s):  
Vincent Chiao
Keyword(s):  
Twentieth Century ◽  
Criminal Law ◽  
Political Legitimacy ◽  
Public Law ◽  
Normative Theory ◽  
Public Institutions ◽  
Criminal Process ◽  
Social Commitment ◽  
Crime And Punishment ◽  
Eighteenth And Nineteenth Centuries

This chapter sketches the gradual emergence of criminal law as public law over the course of the eighteenth and nineteenth centuries, as public institutions gradually asserted control over most aspects of the criminal process. The emergence of criminal law as public law is compared to the development of the welfare state in the early decades of the twentieth century. Public institutions collectively manage the risk of crime, in part by mobilizing practices of policing, prosecution, and punishment. They represent a social commitment to treating crime as a publicly shared burden rather than merely a privately borne tragedy. The emergence of criminal law as public law suggests that, rather than understanding crime and punishment by reference to the rights of individual persons in the state of nature, a normative theory of criminal law should be appropriately sensitive to the institutional morality and political legitimacy of public institutions.

Crimes Against the Sovereign Order: Rethinking International Criminal Justice

2019 ◽  
Vol 113 (4) ◽  
pp. 727-771 ◽  
Author(s):  
Ryan Liss
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
The State ◽  
International Criminal Justice ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
Fundamental Challenge ◽  
The Way

AbstractThe scope of international criminal jurisdiction poses a fundamental challenge for criminal law theory. Prevailing justifications for the state's authority to punish crime assume the existence of connections between the state and either the criminal or the crime that are not always present in the international criminal context. Recognizing this gap, this Article introduces a new theory of what distinguishes international crimes from domestic crimes and justifies the unusual scope of international criminal jurisdiction. As this Article explains, international crimes are unique in the way they undermine international society's structure as a system of sovereign states.

Toward a Contemporary Concept of Criminal Justice

1969 ◽  
Vol 4 (4) ◽  
pp. 479-493
Author(s):  
Helen Silving
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Canon Law ◽  
The State ◽  
Penal Code ◽  
The Other ◽  
Model Penal Code ◽  
National Socialist ◽  
American Law ◽  
The One

The state of our “criminal law” in 1905 was described by William H. Taft as “a disgrace to our civilization”. This state had not changed much almost half a century later, when Justice Frankfurter quoted Mr. Taft's statement. Several major modern reform projects formulated since 1952 introduced some noteworthy modifications. I have in mind particularly the American Law Institute Model Penal Code, on the one hand, and the German Draft of a Penal Code, both of 1962, on the other. In the former I should like to draw attention to the serious attempt at a systematization of punishment scales, and in the latter to the effort at a systematic structuring of the “guilt principle”. The German Draft incorporated results of various revisions introduced since the collapse of the National Socialist régime, by either statutory or judicial legislation—revisions born out of the growing concern in Germany with “guilt”. Prominent among these revisions, of course, is adoption of the defence of “error of law” of ancient origin, derived from biblical, talmudic and canon law teaching. Nevertheless, these two projects have but touched the surface of the profound problems that are involved in formulating truly modern penal legislation.

scholarly journals MODEL PENYELESAIAN ALTERNATIF PERKARA PIDANA DALAM HUKUM ISLAM DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM PIDANA INDONESIA

2018 ◽  
Vol 26 (1) ◽  
pp. 53
Author(s):  
Hambali Yusuf ◽  
Saifullah Basri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
The State ◽  
Private Law ◽  
Criminal Offence ◽  
Criminal Cases

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.

Oxford Studies in Political Philosophy Volume 4

2018 ◽  
Keyword(s):  
Political Philosophy ◽  
Health Insurance ◽  
Political Legitimacy ◽  
The State ◽  
Luck Egalitarianism ◽  
Institutional Legitimacy ◽  
Mandatory Health Insurance ◽  
Fourth Volume

This is the fourth volume of the continuing series, Oxford Studies in Political Philosophy. We collect here new and refereed work by leaders in the field. Authors in this volume are Zofia Stemplowska and Adam Swift, Thomas Sinclair, Allen Buchanan, Kasper Lippert-Rasmussen, Zoltan Miklosi, Ralf M. Bader, Alex Voorhoeve, and Alex Zakaras. The chapters are grouped into three categories: Legitimacy, Egalitarianism, and Liberty and Coercion. They address such various themes as the interaction of justice, equality, and political legitimacy; difficulties in the Kantian account of the state and proposals for removing them; institutional legitimacy reevaluated; luck egalitarianism; relational egalitarianism; the nature of liberty; mandatory health insurance and at what level it might best benefit a population; and the issue of citizens’ complicity in their government’s immoral actions with an analysis of various levels of such possible complicity.

Crime and Punishment

2019 ◽  
pp. 73-106
Author(s):  
Anna Ross
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
State Building ◽  
The Political ◽  
Easy Task ◽  
Reform Agenda ◽  
Crime And Punishment ◽  
The Creation ◽  
Procedural Reform

This chapter sets out to chart the reforms to criminal and penal affairs undertaken in Prussia in the 1850s. Both Manteuffel and the Justice Minister Ludwig Simons believed that revolutionary unrest could be countered by completing unattended work from the Vormärz era pertaining to criminal justice. But realizing a reform agenda was no easy task. On the political extremes it elicited opposition, especially in the symbolically charged terrain of substantive criminal law. To avoid such complications, both ministers worked hard to shift debate to the realm of procedural reform in the 1850s, creating a surprising and largely integrating space for state-building. In doing so, the post-revolutionary ministries pursued reform without slipping into parochialism. That is, they did not permanently close avenues for the creation of a set of unified national codes to regulate criminal and penal affairs.

3. What is ‘justice’?

2021 ◽  
pp. 55-93
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Social Issues ◽  
The State ◽  
Government Institutions ◽  
Absolute Sense ◽  
The Law

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.

Terrorist Speech and the Criminal Law – A Comparative Analysis

2017 ◽  
Vol 25 (3) ◽  
pp. 230-259 ◽  
Author(s):  
Johannes Keiler
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Critical Analysis ◽  
Vantage Point ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Legal Frameworks

This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.

Mens Daemonica: Guilt, Justice, and the Occult in South Africa

2021 ◽  
Vol 63 (3) ◽  
pp. 599-624
Author(s):  
Sonia Rupcic
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Mens Rea ◽  
Ethnographic Fieldwork ◽  
New Approaches ◽  
The Town ◽  
Point Of Departure

AbstractIn winter 2014, the town of Thohoyandou, South Africa was gripped with panic after a series of rapes and murders. In this area, notorious for its occult specialists and witchcraft, stories began to circulate attributing the violence to demonic forces. These stories were given credence by the young man who was charged with these crimes. In his testimony, he confirmed that he was possessed by evil forces. Taking this story as a point of departure, this article provides an empirical account of the ambivalent ways state sites of criminal justice grapple with the occult in South Africa. Drawing on twenty-two months of ethnographic fieldwork, I describe how spirit possession is not easily reconciled with legal methods of parsing criminal liability in courtrooms. And yet, when imprisoned people are paroled, the state entertains the possibility of bewitchment in public ceremonies of reconciliation. Abstracting from local stories about the occult, this article proposes mens daemonica (“demonic mind”) to describe this state of hijacked selfhood and as an alternative to the mens rea (“criminal mind”) observed in criminal law. While the latter seeks the cause of wrongdoing in the authentic will of the autonomous, self-governing subject, mens daemonica describes a putatively extra-legal idea of captured volition that implicates a vast and ultimately unknowable range of others and objects in what only appears to be a singular act of wrongdoing. This way of reckoning culpability has the potential to inspire new approaches to justice.

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