The Filtering Role of Crisis in the Constitution of Criminal Excuses

2004 ◽  
Vol 17 (2) ◽  
pp. 387-416 ◽  
Author(s):  
William Wilson
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Human Beings ◽  
The Rule Of Law ◽  
Norm Enforcement ◽  
Insufficient Attention ◽  
The Way ◽  
Moral Limits

This paper seeks to counter a currently popular account of criminal defences which holds that both excuses and justifications are characterised by the fact that the conduct of the actor is consistent with the standards to be expected of good citizens in the role inhabited by the actor. Its object is to restore due prominence to the role played by human frailty in core defences. The position will be advanced that a significant reason for this loss of prominence is that insufficient attention has been paid to the filtering role played by crisis. For both excuses and justifications crisis marks the moral limits within which a workable system of norm enforcement can be achieved. In each case it ensures defences are socially validated, although the nature of the validation differs according to the nature of the defence. With defences of reasonable reaction crisis helps mark the parameters of reasonableness and ensures respect for the rule of law. Crisis may also deprive individuals of their susceptibility to conform their behaviour to rules. Its major constitutive role in this regard is to ensure that this susceptibility is rooted in the characteristics of human beings generally rather the specific characteristics of the actor. In this way it gives moral focus to the way excuses may intrude simply because the state cannot reasonably demand any better, at the same time providing a mechanism for distinguishing true excuses from exemptions or defences of impaired capacity.

Xunzi in the Light of the Guodian Manuscripts

Early China ◽  
2000 ◽  
Vol 25 ◽  
pp. 113-146 ◽  
Author(s):  
Paul Rakita Goldin
Keyword(s):  
Moral Development ◽  
Human Nature ◽  
Hubei Province ◽  
The State ◽  
Human Beings ◽  
Warring States ◽  
Proper Values ◽  
The Mind ◽  
The Way

This article discusses the several previously unknown Confucian texts discovered in 1993 in a Warring States tomb at Guodian, near Jingmen, Hubei Province. I believe that these works should be understood as doctrinal material deriving from a single tradition of Confucianism and datable to around 300 B.C. Of the surviving literature from the same period, they are closer to the Xunzi than to any other text, and anticipate several characteristic themes in Xunzi's philosophy. These are: the notion of human nature (xing 性),and the controversy over whether the source of morality is internar or “external”; the role of learning (xue 學)and habitual practice (xi 習) in moral development; the content and origin of ritual (li 禮), by which human beings accord with the Way; the conception of the ruler as the mind (xin 心) of the state; and the psychological utility of music (yue 樂) in inculcating proper values.It is especially important for scholars to take note of these connections with Xunzi, in view of the emerging trend to associate the Guodian manuscripts with Zisi, the famous grandson of Confucius, whom Xunzi bitterly criticized.

scholarly journals “Governance” em Tempo de Pandemia: Um Enquadramento Filosófico

2020 ◽  
Vol 14 ◽  
pp. 141-155
Author(s):  
Orlando Coutinho ◽  
◽  
Keyword(s):  
Social Space ◽  
The State ◽  
The Political ◽  
Health Issues ◽  
Human Beings ◽  
State Of Emergency ◽  
Political Actors ◽  
Western Democracies ◽  
The Way

The way in which an unknown virus has moved from a local to a global case, taking on a pandemic outline, has caused significant changes in the lives of all human beings. Firstly, for that reason, it is unknown, then because behind the ignorance comes mistrust and fear. Nowadays, these ingredients are - in the political-social space - substance for the biggest factors of action and decision of the actors of the power. Have we been in a war context, as some have said? Was confinement, global and so prolonged, really necessary? Was decreeing a state of emergency essential? Were the exception measures proportional? And are they reversible? This article aims, in the way of the ideas of several authors that thinking about the political philosophical role of health contexts, of exception state, and of political control of the State, in face of public health issues and not only, understand the “state of the art” in the way of governing western democracies, in the firstly, but flying over other geographies and systems as the virus has assumed global contours. And, by means of the concrete measures, politically adopted, by the different political actors, what real impacts they had on the life and the institutions working, and on the psychology of the persons individually or socially considered.

scholarly journals The role of rule-of-law institutions in ensuring information security of Ukraine

2021 ◽  
Vol 10 (39) ◽  
pp. 238-244
Author(s):  
Serhii Bratel ◽  
Nataliia Makarenko ◽  
Valentyn Bortnyk ◽  
Yurii Levchenko ◽  
Andrii Mykytchyk
Keyword(s):  
Information Security ◽  
Rule Of Law ◽  
Cyber Security ◽  
The State ◽  
Structural Method ◽  
The Rule Of Law ◽  
Study Results ◽  
Logical Method ◽  
Grouping Method

The purpose of the article: is to study the threats to the information security of Ukraine and to analyze the legislative acts that define the tasks and functions entrusted to rule-of-law institutions to ensure information security of the State. Research methods: Logical method, normative and dogmatic method, monographic method, system and structural method, grouping method, the method of generalization are applied in the course of the study. Results of the research. Scientific approaches to the concepts of "information security", "cyber security" and "rule-of-law institutions" are considered. The threats to legal relations in this area are identified. Practical meaning. The role, mission and powers of the rule-of-law institutions in ensuring information and cyber security of Ukraine are established. Scientific novelty. The normative and legal acts, which enshrine the tasks and powers of rule-of-law institutions in ensuring the information security of the State in general and cyber security in particular, are analyzed in detail.

Getting Even: The Role of the Victim

1990 ◽  
Vol 7 (2) ◽  
pp. 209-225 ◽  
Author(s):  
Jeffrie G. Murphy
Keyword(s):  
Rule Of Law ◽  
Tort Law ◽  
Crime Victims ◽  
The State ◽  
Financial Compensation ◽  
The Rule Of Law ◽  
American System ◽  
Compensation Package ◽  
Judgment Proof

Achilles is vindictive; he wants to get even with Agamemnon. Being so disposed, he sounds rather like many current crime victims who angrily complain that the American system of criminal justice will not allow them the satisfactions they rightfully seek. These victims often feel that their particular injuries are ignored while the system addresses itself to some abstract injury to the state or to the rule of law itself – a focus that appears to result in wrongdoers being treated with much greater solicitation and respect than their victims receive. If the actual victims are noticed at all (other than to alert the state to a violation of its interests), they will likely be told that there is another branch of law – tort law – that has the job of dealing with private injuries and grievances and that, if they pursue this route at their own expense, they might ultimately get some financial compensation for the wrongs done to them. However, just as Achilles felt that mere compensation was inadequate to the kind of injury done to him by Agamemnon, many of these victims will often claim that the injuries they have suffered (brutal rape, perhaps) do not admit of financial compensation. How, they might ask, can a dollar value be set on the humiliation and degradation they have experienced? They might also note that those who injure them tend, unlike Agamemnon, to be judgment-proof – so lacking in resources as to be unable to make any meaningful contribution to any compensation package that the victim may win.

scholarly journals Problems of application of state coercion in the interpretation of local lawyers in the late XIX – early XX century

2019 ◽  
Vol 2019 (2) ◽  
pp. 96-105
Author(s):  
Никита Тарасов ◽  
Nikita Tarasov
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Theory ◽  
The State ◽  
The Rule Of Law ◽  
Legal Norms ◽  
State Coercion ◽  
Qualitative Characteristics

The questions relating to the interpretation of the Russian lawyers of the late XIX – early XX century of the role of state compulsion in ensuring the rule of law are considered in article. The interrelation between the state of legality and qualitative characteristics of state coercion is emphasized. The author draws attention to the problem of state coercion in the legal and doctrinal aspects. His attention focuses on the development of the idea of the nature, purpose and limits of state coercion in the domestic police-legal theory of the late XIX – early XX century. The author considers that legal scholars thought of state coercion as an exclusive, extreme means, the use and application of which is permissible only on the basis of legal norms in order to ensure the security and stability of its socio-political and political-legal system, in compliance with the rule of law.

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

scholarly journals The Role of the State in Preservation of the Law in the Works of Police Scientists

2020 ◽  
Vol 17 (3) ◽  
pp. 5-16
Author(s):  
Nadezhda Biyushkina
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Scientific Article ◽  
Law And Order ◽  
Protective Function ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Legal Method ◽  
Role Of The State

Introduction. The relevance of this scientific article is due to the fact that the problem of law enforcement is directly related to the protection of the rights and freedoms of the individual, the successful development of individual social groups and society as a whole. Purpose. The authors set a goal to analyze the views of such researchers as R. von Mol, N. Delamar, I.T. Tarasov, I.E. Andreevsky, V.F. Deryuzhinsky, N.N. Belyavsky, V.M. Hesse and others on a number of major problems: the tasks of the police in law enforcement, the correlation of concepts: “law and order” and “deanery”, measures of police control and supervision, issues of combating criminal and political crime. Methodology. In preparing the scientific article, a system of methods for studying legal reality was used (general scientific methods: synthesis, analysis, deduction, induction, system-structural method; private scientific methods: dogmatic method, historical and legal method, comparative legal method, chronological method, retrospective analysis method). Results. In the course of the research, it turned out that for police scientists, the idea of the decisive role of the state in protecting the rule of law is characteristic. Conclusion. In their writings, police scientists emphasize the idea that the role of the state in the protection of the rule of law lies in the multifaceted activities of the police authorities, performing the protective function of the state. The concept of law and order during the study period was inseparable from the term “deanery” and constituted its legal basis. The goal of the state in the representation of power and society XVIII – beg. XX centuries there was an idea of a common good, repeatedly proclaimed both in legislative acts and in the writings of police researchers.

Courts, Legitimacy and the Rule of Law

2017 ◽  
Vol 50 (3) ◽  
pp. 389-445
Author(s):  
Shaheed Fatima
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
Public Awareness ◽  
The State ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
The United Kingdom ◽  
The Media

The role of courts as lawmakers has been scrutinised, partly because of the questions it raises regarding legitimacy. This scrutiny has sometimes assumed that courts are safe from legitimacy-based criticism in their role as appliers of law. However, recent events in the United Kingdom show that, regrettably, this is not so: the media reaction to the judgments in the Brexit case of Miller went far beyond criticism of the courts’ reasoning or conclusions. It was an attack on legitimacy. Insofar as such attacks arise out of misunderstandings about the nature of adjudication (including, for example, the existence and scope of judicial discretion), one way of countering them is for the legal community (scholars, judges, practitioners) to continue to increase public awareness about these issues. However, it is incumbent upon other parts of the state – the executive and the legislature – to respond promptly to such attacks in order to uphold the independence of the judiciary and the rule of law.

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