criminal law, Roman

2017 ◽  
Author(s):  
Andrew M. Riggsby
Keyword(s):  
Criminal Law ◽  
Common Sense ◽  
Civil Law ◽  
The State ◽  
Criminal Courts ◽  
Public Office ◽  
The Core ◽  
Over Time ◽  
Agreed Definition ◽  
Personal Crimes

“Crime” lacks a fully agreed definition across modern societies, but competing versions tend to stress notions like punishment, protection of public or collective interests, and a pervasive role for the state in proceedings. Over time the Romans used a series of different procedures (successively, trial before the assemblies, by specialized juries, or by imperial inquisitors) to try most of their offences that would be more or less recognizably criminal today. Substantively, the core of this group were offences against the state in an institutional sense (e.g., sedition, electoral malpractice, abuse of public office, forgery). Over time it also came to include an increasing number of (personal) crimes of violence. Some core modern criminal offences such as forms of theft and forgery of private documents came to be grouped in with these only at a very late date and incompletely. “Moral” offences that are treated as criminal more sporadically today (e.g., use of intoxicants, gambling, prostitution) were not criminalized. Penalties in earlier periods included fines, civic disgrace, and exile; later periods introduced finer differentiation of penalties, as well as execution. Imprisonment was not a formal penalty. Roman criminal law had a deeper and more complicated relationship to politics than did the private, civil law. This is true both in the sense that the jurists were relatively uninterested in the criminal law, especially before the late 2nd century ce, and that known trials in the criminal courts seem to have been little governed by niceties of the law. Common-sense notions of guilt and innocence were relevant, but not legal technicalities.

Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850

2009 ◽  
Vol 11 ◽  
pp. 247-288
Author(s):  
Matthew Dyson
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Complete System ◽  
Civil Law ◽  
Tort Law ◽  
The Other ◽  
Criminal Courts ◽  
English System ◽  
History Of ◽  
The Relationship

Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

Ethics and Sovereignty

2018 ◽  
Author(s):  
Matthew Weinert
Keyword(s):  
International Relations ◽  
The State ◽  
International Norms ◽  
Ir Theory ◽  
Sovereign State ◽  
The Core ◽  
New Literature ◽  
Over Time ◽  
Power And Authority

Literature concentrated on sovereignty’s location laid the groundwork for the distinctive sort of ethical detachment that has characterized sovereignty in international relations (IR). While it is customary to refer to sovereign absolutism as linking a logic of prerogative with sovereignty, mainstream IR theory has reproduced its own variation on the theme and done little until recently to decouple the two. Yet beginning in the late 1970s, the literature began to entertain the idea that interdependence and globalization impede, constrain, corrode, or diminish the core assumptions of sovereignty: the centralization of power and authority, the supremacy of the state, the state’s capabilities to achieve its objectives, and the degree of permissiveness afforded by an anarchical system. Put differently, the space within which sovereignty could operate unencumbered rapidly diminished in size and scope, and the sovereign state, by losing control over various functions, was becoming incoherent at minimum, and irrelevant at maximum. If these arguments focused on a narrow question, then a new literature emerged in the mid to late 1990s that focused on, and questioned, sovereignty as authority. Moreover, the debates about globalization underscored sovereignty’s disjunctive nature. Yet by linking it so closely with material structures and factors, the literature generally elided consideration of the constitutive effect of international norms on sovereignty and the ways the institution of sovereignty has changed over time.

Re-formulating the Observable Inadequacy of the Prevalent Approaches Followed by Islamic Jurisprudence and Statute Law in Dealing with Mens Rea

2016 ◽  
Vol 80 (4) ◽  
pp. 254-263
Author(s):  
Fatemeh Ahadi
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Sense ◽  
The State ◽  
The Other ◽  
Mens Rea ◽  
Islamic Jurisprudence ◽  
State Of Mind ◽  
Criminal Intent

The present paper constitutes an attempt towards questioning the adequacy of the prevalent approached employed by Islamic jurisprudence and statute law in dealing with mens rea and its manifestations. It also provides a kind of reinterpretation of the concept since it attaches itself to the perspective that the concepts employed in criminal law need evolution in order to preserve their function and practicality; the conditions appertaining thereto necessitating adaptability of the concepts with the contextual conditions as well as the principles of the criminal law. Under criminal law, mens rea is referred to as ‘criminal intent or the state of mind indicating culpability which is required by statute as an element of a crime’ (see, for example, Staples v United States, 511 US 600 (1994)). Under Islamic jurisprudence it is defined as ‘rebellion intent’. These conceptualisations of the mens rea may be subject to evolution as well as the other concepts. The present paper provides a reformulation of these definitions wherein mens rea is considered to be ‘the culpable linkage of mind with the forbidden conduct’. Through this reformulation the author replaces the ‘state’ with ‘linkage’ presupposing that the interpretation of the term ‘culpable’, as an independent constituent, shall vary according to the provisions of common sense and the contextual conditions.

Children and the Expanding Role of the Criminal Law

1999 ◽  
Vol 4 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Sue Bandalli
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Civil Law ◽  
Foreseeable Future ◽  
Criminal Courts ◽  
Justice Practice ◽  
Looking Back ◽  
Public Demand

Looking back, the 1980s was a decade of enlightenment and success in juvenile justice practice in this country; diverting youngsters away from the criminal courts and reducing the severity of response towards those who were prosecuted did not result in crime waves or public demand to stop this lenient treatment of the young. In the 1990s, the whole criminal justice system took a significant turn towards retribution and punishment. The movement may have been aimed initially at certain groups of criminals, particularly the persistent and serious, but swept all in its wake, including children aged 10–14 who were neither. There is little apparent appreciation of the damaging consequences of this trend, not only for individual children but also for the whole concept of childhood. There is now a wide discrepancy between the approach taken by the criminal and civil law towards children which current criminal justice policies indicate is to continue into the foreseeable future.

PRAVNOISTORIJSKI POGLED NA ZELENAŠKE USLUGE U SRPSKOM PRAVU

2021 ◽  
Author(s):  
Biljana Gavrilović ◽  
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Second World War ◽  
The State ◽  
World War ◽  
Money Economy ◽  
The Creation ◽  
Second World

The paper analyzes the state reaction to usurer services, starting from the 1830s until the Second World War. At the time of the transition from the natural to the money economy, the need for money was great. Since agricultural loans were not still regulated, the money could only be requested from usurers. Thanks to that, the usurers become richer and peasants perished. Therefore, the state begins to take certain legal measures, first in the field of civil law and after that in the field of criminal law. In the Principality and Kingdom of Serbia, the range of civil law measures was rich, while the criminal law reaction of the state against usurer services was modest. However, with the creation of the Kingdom of Serbs, Croats and Slovenes, and due to the process of unifications, the focus of the state actions on usurer services is shifted from civil to criminal law.

scholarly journals The Strength of Legal Proof in Filing a Civil Lawsuit Against Corruption Actors

2019 ◽  
Vol 5 (1) ◽  
pp. 107-114
Author(s):  
Satrio Ageng Rihardi
Keyword(s):  
Research Method ◽  
Civil Law ◽  
The State ◽  
Legal Basis ◽  
Criminal Courts ◽  
Research Results ◽  
Civil Lawsuit ◽  
Civil Lawsuits ◽  
Civil Suit ◽  
Legal Proof

The use of civil instruments in corruption cases is fully subject to the provisions of civil law both formally, materially and even to immaterial losses. In accordance with Articles 32, 33 and 34 of Law Number 31 of 1999 concerning Eradication of Corruption, there is a formula regarding the submission of the results of the investigation into the State's loss to the State Attorney. The prosecutor must be able to really prove that the defendant actually committed an act of corruption. In accordance with the concept of proof in civil law, JPN must be able to convince the panel of judges by basing on a clear legal basis, the existence of an element of loss and explaining the occurrence of acts of corruption that are detrimental to the State's finances. However, it is often difficult to substantiate civil lawsuits to prove, given that the perpetrators of corruption in general are those who have very strong positions or experts. The research method used in this research is analytical descriptive. The research results obtained can be seen from the strength of the evidence in filing a civil claim must first trace assets owned by the perpetrators of corruption as the basis and reason for the lawsuit but the civil suit has not been effectively proven by relying only on special criminal courts because the imposition of fines and reimbursement is included without taking into account any immaterial losses that can be paid in the future. 

Improving our Practice of Sentencing

Utilitas ◽  
1997 ◽  
Vol 9 (1) ◽  
pp. 99-114 ◽  
Author(s):  
Brenda M. Baker
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Civil Law ◽  
Criminal Courts ◽  
Personal Costs

Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment.

scholarly journals Mourid Barghouti’s I Saw Ramallah: The Impossible Return of the Displaced Autobiographer

Humanities ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 69
Author(s):  
Asaad Alsaleh
Keyword(s):  
The State ◽  
The Core ◽  
The People ◽  
Remote Past ◽  
Over Time

This article examines and problematizes the idea of return in the autobiography of Mourid Barghouti’s Ra’aytu Ram Allah (I Saw Ramallah). After thirty years of living in Egypt and Budapest, Barghouti returned to his hometown Ramallah in 1996 for a short visit that composes the core of his text. I investigate how Barghouti’s text unveils the Palestinian exile as a permanent state, but also as a challenged, resisted, or accepted the process of shifting people and places over time. By re-examining this autobiography within the frame of reading it as a displaced text, (or “displaced autobiography”) I show how I Saw Ramallah seeks to move beyond the state of exile and expose its aftermath, especially when the displaced person is back in his or her homeland. I also explore how the author’s return to his original place invokes the memory of a remote past, inviting a buried or forgotten selfhood. I argue that by recalling this past, which occurred before displacement, a displaced autobiographer like Barghouti attempts to “fix” Palestine as a land for the people who have memories and history in it.

scholarly journals PENERAPAN PERBUATAN MELANGGAR HUKUM DALAM RANGKA MEMBERIKAN PERLINDUNGAN HUKUM ATAS LAGU RAKYAT “TILLO-TILLO DAN ALATIPANG”

2012 ◽  
Vol 8 (15) ◽  
Author(s):  
Yovan Iristian
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Copyright Protection ◽  
Civil Law ◽  
The State ◽  
Copyright Holder ◽  
Collective Property ◽  
The Law ◽  
First Time ◽  
Protection Period

ABSTRACTThe policy to determine the copyright holder on the song unknown its creator according to the Copyright Acts in Indonesia is performed by the State, in which the State holds that copyright consistently based on article 11 paragraph (3) of the Acts Number 19 of 2002 about copyright. The copyright is held by the State and to be the collective property. The protection period is without period of time or unlimited, in which the state is holding the copyright consistently. In Indonesia, the period of time for copyright protection generally is along the life of its creator plus 50 years or 50 years after for the first time it notified or published. This case conducted recalled the developments in trade, industry, and investment fields already such rapid, until need the protection increase for the Creator and Owner of the Related Right by keep pay attention to the vast society interest. The efforts reached for the law enforcement to the infringement to copyright on the song whose creator is unknown is by performing law enforcement based on the Acts Number 19 of 2002 about the copyright in Indonesia. In Chapter XII it is arranged that, the law enforcement on copyright is performed by the copyright holder in the civil law, but there is also the criminal law side.Key Words: Creator, Song Copyright

scholarly journals BATAS BATAS TANGGUNG JAWAB HUKUM PEJABAT PEMBUAT KOMITMEN TERHADAP KERUGIAN NEGARA DALAM PENGADAAN BARANG / JASA OLEH PEMERINTAH PRINSIP ASAS MASLAHAT

JURISDICTIE ◽  
2017 ◽  
Vol 8 (1) ◽  
pp. 55
Author(s):  
Radian Yudha Pradipta
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Legal Liability ◽  
Legal Aspects ◽  
The State ◽  
Literature Study ◽  
State Administration ◽  
Presidential Decree ◽  
The Government ◽  
Unlawful Conduct

<p>Procurement involves huge State money. PPK is a party who has authority in carrying out the procurement of goods. Should there be any irregularities that cause material losses to the State’s finances to be the responsibility of PPK. Article 11 of Perpres No. 4 of 2015 concerning Procurement of Goods / Services The Government in selecting PPK must meet the requirements of either integrity, managerial or competence. This research is a normative research with literature study. The result of this study is that although the limits of the PPK’s legal liability to State Losses in Procurement of Government Goods / Services are not explicitly regulated in Presidential Decree No.4 of 2015 on Procurement of Government Goods / Services, but from several articles, especially in Article 11 , Article 12, Article 13 and Article 122 regulating PPK in the event of a State Loss in Procurement of Government Goods / Services. In the event that PPK committed unlawful conduct in its exercise of authority, the CO shall assume responsibility in accordance with the legal liability of PPK for the State Loss from the legal aspects of State administration, civil law and criminal law.</p>

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