Criminal Law as Public Law

Memformalisasikan syariat Islam baik dalam ranah kehidupan bermasyarakat dan sosial, dalam bernegara dan berbangsa tidak jarang terjadi perdebatan, baik perdebatan sosial-politik maupun keagamaan. Perdebatan itu di samping menyangkut memahami ajaran agama dan hubungannya dengan negara-bangsa, juga dalam memahami sistem hukum yang ada dalam negera, lebih-lebih bahwa negera menganut sistem hukum positif yang lebih banyak dipengaruhi oleh hukum barat. Gagasan pemberlakuan hukum pidana Islam tidak serta merta dapat dijalankan dengan baik tanpa adanya legislasi dan pembentukan hukum pidana Islam materil sebagai hukum positif yang berlaku. Juga bahwa hukum pidana Islam adalah hukum publik yang membutuhkan kekuasaan negara baik dalam pembentukannya maupun dalam penegakannya. Dalam hubungannya dengan legislasi dan pembentukan hukum (qanun syariat Islam), maka hal yang sangat menarik adalah bagaimana menentukan bentuk jarimah dan uqubatnya baik yang termasuk dalam kategori hudud, qisas, dan takzir sebagai bagian dari sistem penegakan hukum syariat Islam. Takzir as a Punishment in Islamic Criminal Law The formalizing of Islamic Sharia Law both in the realm of social and community life and also in the state and national level. This issue is frequently debatable, both in socio-political as well as in religious matter. The debate is not only about understanding religious teachings and their relationship with the nation, but also about understanding the legal system applicable in the country, especially the country which apply a positive legal system that influenced by western law. The idea of enforcing Islamic Criminal Law cannot be carried out properly without the existence of legislation and the establishment of Islamic Criminal Law as a positive law that enforced. In addition, Islamic Criminal Law is a public law that requires state power both in its formation and in its enforcement. In relation to legislation and the formation of law (Qanun Sharia), the very interesting part is how to determine the form of rahmah and uqubat both are included in the hudud, qisas and takzir categories as part of the Islamic Sharia law enforcement system.

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Criminal Law as Public Law I

Criminal Law in the Age of the Administrative State ◽

10.1093/oso/9780190273941.003.0001 ◽

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.

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Criminal Law Interpretation of Victimization Aspect of Domestic Violence

Journal of Russian Law ◽

10.12737/18694 ◽

2016 ◽

Vol 4 (4) ◽

pp. 0-0

Author(s):

Valentin Kharlamov

Keyword(s):

Domestic Violence ◽

Criminal Law ◽

Legal Status ◽

Legal Protection ◽

Public Law ◽

Rights And Interests ◽

Definition Of ◽

Criminal Legislation ◽

Procedure Codes ◽

Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

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On Some questions of Roman Public Law

The Journal of Roman Studies ◽

10.2307/295850 ◽

1911 ◽

Vol 1 ◽

pp. 68-99

Author(s):

J. S. Reid

Keyword(s):

Criminal Law ◽

Public Law ◽

History Of ◽

Ad Populum ◽

Valerius Maximus

The proposals which were made at Rome from time to time to grant to “Latini” the privileges of the provocatio, wholly or in part, raise questions which touch closely the history of the evolution of constitutional and criminal law at Rome during the republican age. So far as is known, the first attempt to sever the provocatio from the general rights of the Roman franchise, and to bestow it on Italian allies, was made by M. Fulvius Flaccus, consul in 125 B.C. the associate of C. Gracchus, who perished with him. According to Valerius Maximus, ix, 5, 1, he introduced “perniciosissimas rei publicae leges (rhetorical plural) de civitate Italiae danda et de provocatione ad populum eorum qui civitatem mutare noluissent.”

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Uwagi w sprawie publicznoprawnej determinacji ram przedmiotowych publicznego prawa gospodarczego

Prawo ◽

10.19195/0524-4544.320.4 ◽

2016 ◽

Vol 320 ◽

pp. 57-70

Author(s):

Witold Małecki

Keyword(s):

Criminal Law ◽

Public Law ◽

Polish Literature ◽

The Public ◽

Public Economic ◽

Economic Law ◽

Definition Of ◽

Independent Branch

Comments on the public law framework for the scope of public economic lawThe evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.

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RZUT OKA NA POLSKĄ ROMANISTYKĘ W PIERWSZYM DZIESIĘCIOLECIU XXI WIEKU

Zeszyty Prawnicze ◽

10.21697/zp.2012.12.1.01 ◽

2016 ◽

Vol 12 (1) ◽

pp. 7

Author(s):

Maria Zabłocka

Keyword(s):

Criminal Law ◽

Political System ◽

Public Law ◽

Second World War ◽

First Century ◽

Roman Law ◽

The Political ◽

Private Law ◽

World War ◽

Second World

An Overview of the Work of Polish Scholarship on Roman Law in the First Decade of the Twenty-First Century Summary In the first decade of the 21st century Polish scholars of Roman Law accomplished a considerable amount of work, adopting an entirely new area of research. While publications on private law had constituted the predominant trend since the Second World War, especially in the first forty years of the period, articles on public law were an exception until recent times. In the last few years nearly twice as many monographs have been published on a broad range of issues in public law, such as the political system, administration, and criminal law, as on private law. The numer of articles on public law has also been much larger than on other branches of Roman law. The work of Polish Romanists has earned acknowledgement abroad, as evidenced by the invitations Polish researchers have been receiving to contribute to foreign occasional volumes, and by the digests of Polish books and articles which have appeared in the Italian scholarly journal «Iura. Rivista internazionale di diritto romano e antico».

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OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)

Zeszyty Prawnicze ◽

10.21697/zp.2008.8.2.01 ◽

2017 ◽

Vol 8 (2) ◽

pp. 7

Author(s):

Maria Zabłocka

Keyword(s):

Criminal Law ◽

Family Law ◽

Legal Culture ◽

Administrative Law ◽

Public Law ◽

Roman Law ◽

History Of ◽

Legal Structures ◽

History Of Law ◽

The One

Polish Romanistic Research in the Last Two Years (2006/2007 – 2007/2008)SummaryThe article presents publications of Polish romanists published in the last two academic years. They include editions of the sources, their translations accompanied by commentaries, as well studies on Roman private law covering the law of persons, family law, law of property, succession, obligations and procedure. An important part of the recent studies is devoted to public law: above all criminal law and broadly understood administrative law. Several authors addressed the problem of the influence of Roman law on the legal culture of Europe. Research was done as well on the history of law faculties and the romanists who lectured there. All these studies indicate a slight change in the scientific interest of the Polish romanists. We welcome the fact that more interest was paid to various problems of public law, in this way the romanistic research may be able to show the roots of the later and modern jurisprudence. One could postulate further studies not on the classical period of Roman law but also on its later developments. Scholars should never limit themselves to study of subjects reflecting contemporary legal science, as we never know if the one day the ‘dated’ institutions should not revive in a slightly changed form: such is the case of the modern construction of transfer of ownership as a security for debt functionally reflecting the Roman fiducia cum creditore contracta. In this manner the analysis of the ancient legal structures may provide for better understanding of the presently binding norms.

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Publicznoprawne instrumenty „demokracji walczącej” w polskim systemie prawa

Studia nad Autorytaryzmem i Totalitaryzmem ◽

10.19195/2300-7249.43.4.36 ◽

2021 ◽

Vol 43 (4) ◽

pp. 463-476

Author(s):

Piotr Janiak

Keyword(s):

Criminal Law ◽

Public Law ◽

Constitutional Level ◽

Democratic System

The Polish system of public law has legal mechanisms that reflect the idea of a militant democracy, assuming the need to equip the democratic system with instruments that will allow it to defend itself against actions aimed at its annihilation. They appear both on the constitutional level and in the acts of administrative and criminal law. As a result, the problem of the instruments of militant democracy becomes an interdisciplinary issue. The conducted analysis shows that the instruments in question, in spite of appearances, have a lot in common. Their use causes similar problems, the source of which are, among others, disputes arising around the concepts of Nazism, fascism, communism and totalitarianism.

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France

The Oxford Handbook of Comparative Environmental Law ◽

10.1093/law/9780198790952.003.0008 ◽

2019 ◽

pp. 170-189

Author(s):

Laurent Neyret

Keyword(s):

Private Sector ◽

Criminal Law ◽

Precautionary Principle ◽

Local Governments ◽

Environmental Governance ◽

Central Government ◽

Environmental Law ◽

Public Law ◽

Private And Public

This chapter examines the important aspects of environmental law in France. It first provides an overview of how powers are allocated with regards to environmental law in France, with particular emphasis on the major trends in the construction of environmental law such as its codification and constitutionalization and the expansion of environmental governance to private law instruments. The discussion then turns to the structure and substance of environmental law in France, taking into account private and public law instruments used in environmental protection. The chapter also analyses the application of environmental rules through the central government, local governments, specialized agencies, and courts. Finally, it looks at some selected issues which have been recently addressed in French environmental law, including the application of the precautionary principle, the remediation of ecological damage, the protection of the environment through criminal law, and the role of the private sector in protecting the environment.

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Civil Order and the Public Realm

The Realm of Criminal Law ◽

10.1093/oso/9780199570195.003.0005 ◽

2018 ◽

Author(s):

R A Duff

Keyword(s):

Criminal Law ◽

Public Law ◽

Civic Life ◽

Shared Understanding ◽

Public Realm ◽

The Public ◽

Civil Order ◽

Public Wrong

This chapter offers an account of the practice of civic life: of the ‘public realm’, within which criminal law operates as public law. ‘Civil order’, the normative ordering of the polity’s life, is central to this public realm: it is structured by the values through which a polity constitutes itself; it can be partly defined by a written constitution, but is also implicit in the polity’s institutions and practices. A conception of civil order depends on a normative distinction between the ‘public’ and the ‘private’: we must attend to different public–private distinctions. We must also attend to the preconditions of civil order: what kinds of shared understanding are necessary; what can be said to dissenters? Given a conception of a polity’s civil order, and its public realm, we can understand a ‘public wrong’ as a wrong that falls within that public realm, and violates that civil order.

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