The Limits of Criminal Culpability

2012 ◽  
Vol 25 (1) ◽  
pp. 159-175
Author(s):  
Mark Thornton
Keyword(s):  
Criminal Law ◽  
Core Concept ◽  
The Core ◽  
Criminal Culpability ◽  
Subjectivist Theory

The authors of Crime and Culpability hold a subjectivist theory of criminal culpability according to which the core concept in culpability is subjective recklessness, negligence is not culpable, and it is irrelevant to culpability whether or not a criminal act results in harm. I argue against these three theses and criticize the authors’ views on the structure of criminal law, criminal defences, criminal attempts, and codification.

scholarly journals Research on Blockchain-Based E-Bidding System

2021 ◽  
Vol 11 (9) ◽  
pp. 4011
Author(s):  
Dan Wang ◽  
Jindong Zhao ◽  
Chunxiao Mu
Keyword(s):  
Data Transmission ◽  
Privacy Protection ◽  
Graph Isomorphism ◽  
Third Party ◽  
Business Logic ◽  
Core Concept ◽  
The Core ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Bidding Process

In the field of modern bidding, electronic bidding leads a new trend of development, convenience and efficiency and other significant advantages effectively promote the reform and innovation of China’s bidding field. Nowadays, most systems require a strong and trusted third party to guarantee the integrity and security of the system. However, with the development of blockchain technology and the rise of privacy protection, researchers has begun to emphasize the core concept of decentralization. This paper introduces a decentralized electronic bidding system based on blockchain and smart contract. The system uses blockchain to replace the traditional database and uses chaincode to process business logic. In data interaction, encryption techniques such as zero-knowledge proof based on graph isomorphism are used to improve privacy protection, which improves the anonymity of participants, the privacy of data transmission, and the traceability and verifiable of data. Compared with other electronic bidding systems, this system is more secure and efficient, and has the nature of anonymous operation, which fully protects the privacy information in the bidding process.

Models for Integrating Medical Acupuncture into Practice: An Exploratory Qualitative Study of Physicians— Experiences

2016 ◽  
Vol 34 (4) ◽  
pp. 280-289 ◽  
Author(s):  
Ellen T Crumley
Keyword(s):  
Qualitative Study ◽  
General Practitioners ◽  
Full Time ◽  
Snowball Sampling ◽  
Core Concept ◽  
Structured Interviews ◽  
The Core ◽  
Individual Physician ◽  
Part Time ◽  
Medical Acupuncture

Background Internationally, physicians are integrating medical acupuncture into their practice. Although there are some informative surveys and reviews, there are few international, exploratory studies detailing how physicians have accommodated medical acupuncture (eg, by modifying schedules, space and processes). Objective To examine how physicians integrate medical acupuncture into their practice. Methods Semi-structured interviews and participant observations of physicians practising medical acupuncture were conducted using convenience and snowball sampling. Data were analysed in NVivo and themes were developed. Despite variation, three principal models were developed to summarise the different ways that physicians integrated medical acupuncture into their practice, using the core concept of ‘helping’. Quotes were used to illustrate each model and its corresponding themes. Results There were 25 participants from 11 countries: 21 agreed to be interviewed and four engaged in participant observations. Seventy-two per cent were general practitioners. The three models were: (1) appointments (44%); (2) clinics (44%); and (3) full-time practice (24%). Some physicians held both appointments and regular clinics (models 1 and 2). Most full-time physicians initially tried appointments and/or clinics. Some physicians charged to offset administration costs or compensate for their time. Discussion Despite variation within each category, the three models encapsulated how physicians described their integration of medical acupuncture. Physicians varied in how often they administered medical acupuncture and the amount of time they spent with patients. Although 24% of physicians surveyed administered medical acupuncture full-time, most practised it part-time. Each individual physician incorporated medical acupuncture in the way that worked best for their practice.

scholarly journals The Core Concept of Statistics

2019 ◽  
pp. 23-50
Author(s):  
Michael H. Herzog ◽  
Gregory Francis ◽  
Aaron Clarke
Keyword(s):  
Core Concept ◽  
The Core

scholarly journals ‘The Very Foundations of Any System of Criminal Justice’: Criminal Responsibility in the Australian Model Criminal Code

2017 ◽  
Vol 6 (3) ◽  
pp. 8-24 ◽  
Author(s):  
Arlie Loughnan
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Law Reform ◽  
Reform Process ◽  
Conceptual Level ◽  
Top Down ◽  
The Core ◽  
Reform Project

The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’). I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.

Effects Of The COVID -19 Pandemıc On The Elderly: A Grounded Theory Study From Turkey

2021 ◽  
Vol 8 (1) ◽  
pp. 252-266
Author(s):  
Ahmet Koşar ◽  
Aytul Kasapoglu
Keyword(s):  
Qualitative Research ◽  
Grounded Theory ◽  
The Elderly ◽  
Age Group ◽  
Core Concept ◽  
Grounded Theory Methodology ◽  
Grounded Theory Study ◽  
The Core ◽  
Starting Point ◽  
The World

More than 95 percent of those who lost their lives as a result of the spread of the Covid-19 virus to the world since the beginning of 2020 are over the age of 60 (WHO, 2020). The main purpose of this article is to reveal the vital difficulties of the 65-75 age group in Turkey, who were quarantined due to the Covid-19 pandemic, as a result of deprivation of their former normal lives and how they overcame them. The theoretical starting point of this study is the relational sociologist H. White and his “uncertainty” classification. In the study, Grounded Theory Methodology was chosen as one of the qualitative research approaches and open, axial and selective codings were made as a requirement of this. In this context, interviews were made with 12 individuals from the 65-75 age group and the data were presented in figures. As a result of open, axial and selective coding, the core concept of the study was determined as "solidarity". In accordance with the grounded theory, at the end of the study, the "solidarity process" was narrated using the "river" metaphor.

Concluding Comments

2020 ◽  
pp. 339-346
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Criminal Justice ◽  
Public Sector ◽  
Criminal Law ◽  
Fair Trial ◽  
Criminal Justice Policy ◽  
Terrorist Threat ◽  
Political Values ◽  
England And Wales ◽  
The Core ◽  
Criminal Justice Systems

Centering on the criminal justice systems of England and Wales and France, this book has analyzed recent changes in criminal justice policy trends and process values as they have played out across the core functions of prosecution and defense, as well as how systems malfunction and seek to correct themselves in different ways. Both jurisdictions face common challenges, such as the changing terrorist threat, the constraints of public sector austerity, and the need to adapt to pan-European measures and standards of fair trial. The ways in which, through their criminal law and procedure, they resist, respond, or adapt to these challenges illuminate the legal and political values that motivate criminal justice in each jurisdiction. This in turn invites reflection on the nature and significance of the two contrasting procedural traditions within which they understand themselves to be located....

s.VIII Boundaries, Ch.33 The Core Crimes of International Criminal Law

2020 ◽  
Author(s):  
Schwöbel-Patel Christine
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
The Core ◽  
History Of ◽  
Political Economic

The ‘core’ crimes set out in the International Criminal Court’s Rome Statute - the crime of genocide, war crimes, crimes against humanity and aggression - are overwhelmingly assumed to be the most important international crimes. In this chapter, I unsettle the assumption of their inherent importance by revealing and problematising the civilizational, political-economic, and aesthetical biases behind designating these crimes as ‘core’. This is done by shedding light on discontinuities in the history of the core crimes, and unsettling the progress narrative ‘from Nuremberg to Rome’. More specifically, crimes associated with drug control are placed in conversation with the accepted history of the International Criminal Court (ICC) to exemplify a systematic editing of the dominant narrative of international criminal law.

What Is Criminal Culpability?

2019 ◽  
pp. 27-82
Author(s):  
Alexander Sarch
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Explanatory Power ◽  
Mental States ◽  
Criminal Culpability

Chapter 2 aims to elucidate the concept of criminal culpability. Since the project of the book is to analyze, evaluate, and ultimately defend certain criminal law doctrines that impute mental states on the basis of equal culpability, the chapter explains what criminal culpability is. Chapter 2 presents the author’s theory of culpability and aims to show why it offers an attractive way to think about this concept. The theory falls squarely within the insufficient regard tradition, but the chapter fleshes out details in new ways to strengthen the theory and solve certain problems for this sort of position. The chapter is divided into two main parts. The first is ecumenical and aims to bring as many into the broad church of the insufficient regard theory as possible. The chapter does this by highlighting the explanatory power of the author’s version of the theory (particularly the requirement to manifest bad attitudes in action before criminal liability attaches and the criminal law’s general disinterest in motives and other unmanifested mental states). The chapter also shows how the theory can accommodate both sides in certain controversies about the criminal law. The second half of the chapter adopts a normative stance and provides arguments for how these controversies should be resolved. This insufficient regard theory is used as the basis for the arguments going forward in the book.

The Meaning of System

2014 ◽  
Vol 1 (1) ◽  
pp. 21-34 ◽  
Author(s):  
Steen Leleur
Keyword(s):  
Systems Theory ◽  
Complexity Theory ◽  
Explanatory Power ◽  
Theoretical Interest ◽  
Core Concept ◽  
The Core ◽  
Systems Practice ◽  
Actual Meaning ◽  
Current Systems ◽  
Real World Problems

This article reviews the generic meaning of ‘system’ and complements more conventional system notions with a system perception based on recent complexity theory. With system as the core concept of systems theory, its actual meaning is not just of theoretical interest but is highly relevant also for systems practice. It is argued that complexity theory and thinking with reference to Luhmann a.o. ought to be recognised and paid attention to by the systems community. Overall, it is found that a complexity orientation may contribute to extend and enrich the explanatory power of current systems theory when used to complex real-world problems. As regards systems practice it is found that selective use and combination of five presented research approaches (functionalist, interpretive, emancipatory, postmodern and complexity) which function as different but complementing ‘epistemic lenses’ in a process described as constructive circularity, may strengthen the exploration and learning efforts in systems-based intervention.

scholarly journals Degrees of Freedom at the Start of the Second 100 Years: A Pedagogical Treatise

2019 ◽  
Vol 2 (4) ◽  
pp. 396-405
Author(s):  
Joseph Lee Rodgers
Keyword(s):  
Statistical Models ◽  
Degrees Of Freedom ◽  
Introductory Statistics ◽  
Core Concept ◽  
Traditional Treatment ◽  
The Core ◽  
History Of ◽  
Data Points

Degrees of freedom is a critical core concept within the field of statistics. Virtually every introductory statistics class treats the topic, though textbooks and the statistical literature show mostly superficial treatment, weak pedagogy, and substantial confusion. Fisher first defined degrees of freedom in 1915, and Walker provided technical treatment of the concept in 1940. In this article, the history of degrees of freedom is reviewed, and the pedagogical challenges are discussed. The core of the article is a simple reconceptualization of the degrees-of-freedom concept that is easier to teach and to learn than the traditional treatment. This reconceptualization defines a statistical bank, into which are deposited data points. These data points are used to estimate statistical models; some data are used up in estimating a model, and some data remain in the bank. The several types of degrees of freedom define an accounting process that simply counts the flow of data from the statistical bank into the model. The overall reconceptualization is based on basic economic principles, including treating data as statistical capital and data exchangeability (fungibility). The goal is to stimulate discussion of degrees of freedom that will improve its use and understanding in pedagogical and applied settings.

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