scholarly journals Introduction: phonetics in phonology

Phonology ◽  
2001 ◽  
Vol 18 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Carlos Gussenhoven ◽  
René Kager
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Internet ◽  
Social Perceptions ◽  
Lexical Representations ◽  
The People ◽  
Use Of The Internet ◽  
Surface Representations ◽  
Definition Of ◽  
The Way

If there is such a person as the average phonologist, he might have a conception of the relation between phonetics and phonology that comes close to the relation between social perceptions of crimes and a Code of Criminal Law. The Code's definition of various types of crimes and the penalty each type carries ultimately reflect, to put it crudely, the feelings of the people. Also, the Code's development will reflect social change. Criminal codes will typically incorporate the changing perceptions of the general public, and will now begin to include articles devoted to the use of the Internet, for instance. But at the end of the day, what counts in a law suit is what is in the Criminal Code, not the feelings of the people. So it is with phonology. It is easy to show that lexical forms are frequently related to functional (ergonomic) considerations, and that the way the grammar processes them into surface representations will amount to a reasonable articulatory task for the speaker, while equally the acoustic result will enable the listener to recognise these forms with reasonable ease. However, ultimately we say things the way we do because our lexical representations are the way they are, and our phonological grammar is the way it is.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

scholarly journals FORKLÆDTE PENGE: En diskussion af brugerbetaling i en gratis nicaraguansk folkeskole

2018 ◽  
Author(s):  
Clara Rübner Jørgensen
Keyword(s):  
Social Consequences ◽  
Economic Aspects ◽  
School Expenditures ◽  
The People ◽  
The Status ◽  
Definition Of ◽  
The City ◽  
The Way ◽  
Marginalized Families

On the basis of data collected during fieldwork in the city of León, Nicaragua, this article discusses the paradox of many Nicaraguan parents describing their children’s school as being free of charge despite the fact that they are frequently asked to pay for it. The article shows that, in spite of the constitutional definition of education as free and equal for all Nicaraguans, parents are often asked for economic contributions. By analysing the values surrounding the school I suggest that values of responsibility and solidarity influence the way that parents conceptualize their school expenditures and, in relation to this, confirm the status of the school as free. Furthermore, the article describes how Nicaraguan parents often compare the school to their home and describe the relation between teacher and students by using family terms. Inspired by the theory of the American sociologist James Carrier, I argue that this comparison, in addition to the values of responsibility and solidarity, further influences the way Nicaraguan parents and children experience their economic contributions. Finally, I argue that even though the users of the school describe it as free of charge, it remains necessary to recognize its economic aspects, since a lack of recognition can turn out to have important individual and social consequences for the people involved, especially, for the most economically marginalized families.  

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

The essence of deprivation of the right to engage in certain activities as a punishment for an offense under Art. 264 of the Criminal Code

2019 ◽  
pp. 23-29
Author(s):  
Ольга Александровна Беларева
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
The Road ◽  
Paradoxical Situation ◽  
The Supreme Court ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

В статье рассматривается сущность лишения права заниматься определенной деятельностью как обязательного дополнительного наказания за преступление, предусмотренное ст. 264 УК РФ. В большинстве приговоров по ст. 264 УК РФ дополнительное наказание сформулировано как лишение права заниматься деятельностью, связанной с управлением транспортным средством. Однако использование в приговорах единой формулировки не снимает вопросов, связанных с толкованием объема назначенных судом ограничений. Автором выделены два подхода к определению содержания понятия «транспортные средства»: широкий, включающий все виды транспортных средств, и узкий, включающий только механические транспортные средства. Анализ судебных решений позволяет сделать вывод об отсутствии единообразного подхода к определению содержания наказания в виде лишения права заниматься деятельностью, связанной с управлением транспортными средствами. Показано, что в практике применения наказания за преступления, предусмотренные ст. 264 УК РФ, сложилась парадоксальная ситуация: лицо, нарушившее правила дорожного движения, лишается права управления всеми видами транспортных средств. По мнению автора, такая ситуация нарушает принцип справедливости: характер наказания не соответствует характеру совершенного преступления. В целях единообразного применения уголовного закона Пленуму Верховного суда РФ следует разъяснить, что суды должны конкретизировать вид транспортных средств, права управления которыми лишается осужденный, исходя из характера совершенного преступления. The article deals with the essence of deprivation of the right to engage in certain activities as a mandatory additional punishment for a crime under Art. 264 of the Criminal Code. In most of the sentences under Art. 264 of the criminal code additional punishment is formulated as deprivation of the right to engage in activities related to driving. However, the use of a single wording in sentences does not remove questions of interpretation of the scope of the court's limitations. The author identifies two approaches to the definition of the concept of “vehicles”: wide, including all types of vehicles, and narrow, including only mechanical vehicles. Analysis of court decisions leads to the conclusion that there is no uniform approach to determining the content of the penalty in the form of deprivation of the right to engage in activities related to the management of vehicles. The article shows that in the practice of punishment for the crimes provided for in the Art. 264 the criminal code, there is a paradoxical situation: a person who violates the rules of the road, is deprived of the right to control all types of vehicles. According to the author, this situation violates the principle of justice: the nature of the punishment does not correspond to the nature of the crime committed. For the purpose of uniform application of the criminal law to the Plenum of the Supreme Court of the Russian Federation it is necessary to explain that courts have to specify a type of vehicles which right of management is deprived condemned, proceeding from character of the committed crime.

Contemporary Terrorist Challenges and Threats in Europe

2021 ◽  
Vol 38 (38) ◽  
pp. 122-137
Author(s):  
Darko Trifunovic ◽  
Juliusz Piwowarski
Keyword(s):  
Significant Role ◽  
Theoretical Approach ◽  
Essential Elements ◽  
International Terrorism ◽  
The Internet ◽  
Security Threats ◽  
Unique Definition ◽  
Use Of The Internet ◽  
Definition Of ◽  
Security Science

This article generally contains two parts. One is a theoretical approach to dealing with the phenomenon of terrorism as well as international terrorism. Within the first part, a unique definition of the concept of security science is given, without which it is not possible to properly perceive or investigate security threats and risks within which terrorism is one of the significant threats. The second part deals with models of terrorist activities with special attention to the webspace and the significant role that terrorists attach to the increasing use of the Internet for their purposes. The theoretical part leads to the conclusion that there are five essential elements whose presence, if detected in one territory or state, indicates the existence of a mechanism that produces or creates new jihad warriors. The paper also gives a unique forecast of the degree of endangerment on the example of a territory, which gives scientists who investigate these threats a new direction of research.

Child Pornography and IT

2010 ◽  
pp. 20-32 ◽  
Author(s):  
Amin Ibrahim
Keyword(s):  
Law Enforcement ◽  
Child Pornography ◽  
Sexual Exploitation ◽  
Criminal Code ◽  
Peer To Peer ◽  
The Internet ◽  
Complex Issue ◽  
Use Of The Internet ◽  
Global Reach

The sexual exploitation of children remains a very serious problem and is rapidly increasing globally through the use of the Internet. This chapter focuses on the child pornography and IT, and the various methods to combat this problem. The ease of acquiring IT and digital equipments, the global reach of Internet and freely available peer-to-peer services have made child pornography a very complex issue to undertake. The borderless nature of the Internet and the lack of unified criminal code among nations further escalated the complexity of law enforcement against child pornography.

Extending E-Government and Citizen Participation in Australia through the Internet

2011 ◽  
pp. 812-818
Author(s):  
L. Walsh
Keyword(s):  
Citizen Participation ◽  
The Internet ◽  
Current Development ◽  
Government Services ◽  
Digital Democracy ◽  
Participatory Technologies ◽  
Use Of The Internet ◽  
Definition Of

This article seeks to provide a brief overview of the current development of digital democracy in Australia, with emphasis on the use of the Internet to extend and enhance citizen participation. Use of the Internet within the definition of digital democracy proposed is categorized into three overlapping groups: (1) e-government services and administration; (2) participatory technologies; and (3) informal modes of participation.

The EU's Use of the Internet

2011 ◽  
pp. 774-783
Author(s):  
J. Shahin
Keyword(s):  
European Commission ◽  
Policy Making ◽  
Information Provision ◽  
The Political ◽  
The Internet ◽  
European Level ◽  
Political Issues ◽  
Use Of The Internet ◽  
The Eu ◽  
The Way

The European Union (EU) has been one of the leading lights concerning Internet use in dealing with other public administrations and citizens. This article will argue that e-government has meant that the European Commission has been able to promote a virtual arena for pan-European activity, which has promoted action at the national and local levels in the EU. In the first instance, this article will deal with how the European Commission uses the Internet to attempt to improve its own relationship with both national public administrations and citizens in terms of the European policy-making process. Although the Internet is perceived as aiding public administrations in information and service provision, which helps to deliver better governance from an institutional governance perspective, a focus on this would only tell one half of the story. Increasing democratic participation and regaining trust in the political system at large is also an important issue for public bodies such as the European Commission to address, and this is not merely a technical process. These technical (efficiency, etc.) and democratic stages are two key parts in the process of developing an information and communication technology (ICT)-based governance agenda in the EU. In order to outline the process, this article deals with four different aspects of the European Commission’s e-policies. It makes reference to the following: 1. The Commission’s information provision, through the EU’s Europa (II) Web server; 2. The way in which the Commission has tried to interact with citizens, using interactive policy making (IPM); 3. The e Commission initiative; and 4. The way in which the Commission links member-state public administrations together, through the IDA(BC) programme. This article reveals the increasing coherence of the European Commission’s approach to using the Internet in institutional affairs. Although the Commission’s approach to using the Internet for governance was initially unstable and ad hoc, by the turn of the century, all efforts had converged around the political issues of institutional reform and better governance. This has been further enhanced by the application of the open method of coordination as one of the tools of EU governance, which has enabled the Commission to take a more informal role in implementing e-government strategies at the pan-European level. This article does not attempt to define e-government at the European level nor does it go into policy areas concerning e-government (such as research, socioeconomic inclusion, improving competitiveness, or specific e-government policy developed by the European Commission), but will contribute to a greater understanding of how the EU itself has used the Internet to promote an e-government agenda that is affecting all public administrations.

Sign in / Sign up

Export Citation Format

Share Document