CRIMES AS PUBLIC WRONGS

Legal Theory ◽  
2021 ◽  
pp. 1-32
Author(s):  
Jeffrey Kennedy

ABSTRACT Despite the notion's prominence, scholarship has yet to offer a viable account of the view that crimes constitute public wrongs. Despite numerous attempts, some scholars are now doubting whether a viable account is forthcoming whereas others are reeling back expectations for what the concept itself can offer. This article vindicates crime's public character while asserting the relevance of political theory in doing so. After critiquing prior attempts and clarifying expectations, the article offers a novel account, relying on both key doctrinal features and a deliberative democratic framework through which to interpret their public significance. In doing so, it demonstrates how this framework explains the public nature of censure, and ultimately argues that crimes are public wrongs not because such actions themselves necessarily wrong or harm the public, but instead because they are the type of wrong that the public has a stake in addressing. This gives rise to an understanding of sentencing as public decision-making within which citizens and their representatives decide how best to use public power to manage public interests.

2018 ◽  
Vol 7 (4) ◽  
pp. 44-60
Author(s):  
Magdalena Miśkowiec ◽  
Katarzyna Maria Gorczyca

This article describes how the public participation is understood as involvement of individuals, groups and local communities in public decision making. On 9 October 2015, the Urban Regeneration Act was passed in Poland. The purpose of the Act is to integrate the local activities of the stakeholders in regeneration. Engaging stakeholders is essential for proper implementation of regeneration programmes and is aimed at preventing degradation of urban space and crisis phenomena by enhancing social activity. The main aim of the article is to focus on different forms of public participation in urban regeneration. The study includes an analysis of the public participation procedures employed during the implementation of Communal Regeneration Programmes in Poland, as exemplified by the Olkusz Commune. The analysis is summarised to form a model of public participation in regeneration programmes, including suggestions for the use of ICT tools for consultation purposes.


1983 ◽  
Vol 14 (2) ◽  
pp. 80-87
Author(s):  
S. S. Brand

Private and public decision-making The interaction between the private and public sectors is important in South Africa. Much criticism is expressed by the one sector against the other. This can be partly attributed to an incomplete understanding of the processes of decision-making in the two sectors, and of the differences between them. A comparison is drawn between the most important elements of the decision-making processes in the two sectors. Public decision-making deals mostly with matters concerning the community and the economy as a whole, whereas private decision-making is concerned mostly with parts of the whole. The aims at which decision-making in the two sectors are directed, differ accordingly, as do the perceptions of the respective decision-makers of the environment in which they make decisions. As a consequence, the criteria for the success of a decision also differ substantially between the two sectors. The implications of these differences between private and public decision-making for the approach to inflation and the financing of housing, are dealt with as examples. Finally, differences between the ways in which decisions are implemented in the two sectors, also appear to be an important cause of much of the criticism from the private sector about decision-making in the public sector.


Author(s):  
Pedro Henrique H.F. de Cristo ◽  

This paper presents the concept of the Digital Agora(DA): a physical + digital space for participatory democracy that responds to the global demand for more participation on the public decision making of cities by integrating specific public policies for instruments of direct democracy, spaces for systematization, synthesis and articulation, and effective technologies to generate a new calibration between representative and direct democracy at the city level.


2019 ◽  
Vol 16 (3) ◽  
pp. 746-761
Author(s):  
Mustafa Biçer

Turkey changed its 1982 Constitution and adopted a presidential form of government in 2017. This constitutional amendment changed the approval of the budget radically. Along with that, debates may arise in terms of political responsibility for not approved the budget by the Parliament, how the budget will accepted when the president and majority of the Parliament are from different party, and there is not any mechanism being in classical presidential system as public account committee to enhance parliamentary supervision over the executive branch.In this study,- we deliberate the concept of  political power in representative democracy in terms of public decision-making and resource allocation process and then we analyze the existing political oversight role of Turkish Parliament over the public finance on the basis of  democratic legitimacy of public decision-making process and political accountability. - we focus on oversight role of Turkish Parliament over the public finance at the point of using "power of purse after the Constitutional Amendment adopted on April 16, 2017. Within the context of this analysis, the new constitutional structure of Parliament's budget approval and audit process in Turkish Parliament was evaluated.


2021 ◽  
Vol 100 ◽  
pp. 104892
Author(s):  
Andrea Arzeni ◽  
Elisa Ascione ◽  
Patrizia Borsotto ◽  
Valentina Carta ◽  
Tatiana Castellotti ◽  
...  

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