The Characters of Criminal Law

2021 ◽  
pp. 55-74
Author(s):  
Ngaire Naffine
Keyword(s):  
Criminal Law ◽  
Social Model ◽  
Social Characteristics ◽  
Legal Philosopher ◽  
Rape Law ◽  
The People ◽  
Criminal Actor ◽  
John Gardner ◽  
English Law

Criminal law theorists necessarily start their theorizing with some idea of their subject. The dominant figure in the canon is the criminal actor understood as a freestanding individual, removed from his group affiliations. I call him Model 1. Then there is the demographic or social model of the criminal person. Here our disciplinary characters are treated as members of a population that have certain propensities. Those who subscribe to this second model tend to be thinking of real historical and social people, located in places and contexts, as well as people with bodies and sexes. I call this Model 2. Most criminal laws operate on the basis of a Model 1 person, with an individual without social characteristics or context. But occasionally these demographic concerns are directly expressed in criminal laws. The English criminal law of rape is one such law. It still names men as the people of concern. The English law of rape therefore poses a challenge for Model 1 individualists, requiring them to make some sense of this population-specific law. So, when individualists write about the nature of rape and its law, as they often do, it is highly revealing of their thinking about their own criminal law character. Here I consider the work of legal philosopher John Gardner, who has written influentially about English rape law, to discover what an individualist does with a law which acknowledges its population of concern. What happens when the two paradigms conflict?

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

Necessity as a Justification in Re A (Children)

2004 ◽  
Vol 68 (5) ◽  
pp. 440-450 ◽  
Author(s):  
Itzhak Kugler
Keyword(s):  
Criminal Law ◽  
Conjoined Twins ◽  
English Law ◽  
Court Of Appeal

In criminal law theory, it is common to distinguish between the defence of necessity as a justification and the defence of necessity as an excuse. However, it is sometimes said that English law does not clearly distinguish between justification and excuse. In Re A (Children) the Court of Appeal permitted the separation of conjoined twins although the separation would lead to the immediate death of one of the twins. In his judgment, Brooke LJ invoked the defence of necessity and appears to be ready to base his decision on necessity as an excuse. It is, however, submitted in this article that Brooke LJ's decision should be interpreted as having been based on necessity as a justification. Consequently, it cannot be said any longer that English law does not distinguish between justification and excuse.

scholarly journals THE CAUSES AND CONDITIONS OF CRIME IN THE FIELD OF ECONOMY

2021 ◽  
pp. 348-363
Author(s):  
S. Denysov ◽  
Yu. Filei
Keyword(s):  
Criminal Behavior ◽  
Criminal Activity ◽  
Economic Crime ◽  
Social Characteristics ◽  
Economic Relations ◽  
The People ◽  
Criminal Offenses ◽  
Leading Position ◽  
The Media ◽  
Almost All

The article examines the issue of combating criminal offenses in the field of economics. It is emphasized that economic crime is caused by destructive tendencies in the development of market relations in the economy and social sphere. Lack of real protection of legitimate economic relations, lag of law-making activity from the needs of economic practice, unsystematic adoption of legal acts concerning certain elements of the economic system. Recently, there has been a process of merging economic and criminal offenses, as well as merging with organized crime. Penetrating into various spheres of the economy, criminal associations seek not only to establish control over the activities of specific enterprises but also to create their own structures capable of occupying a leading position in the infrastructure of individual industries. The intellectual level of criminal activity increases, the scope, and methods of encroachment expand. The reasons for committing mercenary crimes in the economic sphere are both objective and subjective. Thus, in the determination of crime involved both biological and social characteristics of man. An economic criminal does not perceive himself as a criminal, although he admits that he is breaking the law. The problem here is that the media is very one-sided coverage of the image of the traditional criminal, as well as the fact that economically criminal behavior is difficult at first glance to distinguish from socially obedient. Economic criminals justify their crimes by committing them with the tacit consent or approval of public opinion. They deny causing harm to citizens, and also claim that almost all businessmen do the same. If the profit significantly exceeds the possible punishment, then such a crime becomes profitable. Criminal behavior should not be economically or socially profitable. At the same time, it is important to improve the economic and social living conditions of the people.

The Necessity Plea in English Criminal Law

1972 ◽  
Vol 30 (1) ◽  
pp. 87-119 ◽  
Author(s):  
P. R. Glazebrook
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Common Law ◽  
Case Law ◽  
Penal Code ◽  
Sharp Contrast ◽  
Striking Feature ◽  
Vast Number ◽  
English Law ◽  
Prevention Of Crime

The sharp contrast between the vast number of detailed statutory provisions defining particular offences and the small handful of widely phrased provisions concerned with the general principles of criminal liability is, perhaps, the most striking feature of English criminal law, and, like the continued co-existence of both common law and statutory offences, one of the unhappy consequences of England's failure to enact a penal code. Among the few statutory provisions laying down general principles of liability or excuse there is none which comprehends a defence of necessity, and so commentators have inevitably looked to the case law for an answer to the question: Is there in English criminal law a defence of necessity? by which they have meant: Is there a defence of necessity in the sense in which there is a defence of, for instance, insanity, or infancy, or duress or prevention of crime? To the question understood in that sense, the answer returned must, it is thought, be a plain No. To ask and to answer the question in that sense may, however, be misleading: it may be more revealing (as this paper suggests) to ask, How does English law handle the plea of necessity when it arises? What, in other words, is the juristic technique employed?

LICENSED KANGAROO SHOOTING IN NEW SOUTH WALES: THE PEOPLE, THE MONEY THEY MAKE AND THE ANIMALS THEY SHOOT

1986 ◽  
Vol 8 (1) ◽  
pp. 36
Author(s):  
M.D Young ◽  
R.J Delforce
Keyword(s):  
National Parks ◽  
New South ◽  
New South Wales ◽  
Economic Benefits ◽  
Social Characteristics ◽  
South Wales ◽  
The People ◽  
New Directions ◽  
Term Benefit

Sixty licensed kangaroo shooters were interviewed in New South Wales to determine their social characteristics, incomes and shooting preferences. Two groups of shooters were identified: those who take kangaroos only for immediate, maximum short term economic gain and those who attempt to husband local kangaroo populations to their long term benefit. Amongst the latter group there is both a lack of agreement and a general uncertainty about the optimal shooting strategy to achieve the long term economic benefits they desire. New directions in research and extension are suggested with a view to rectifying this dilemma. Data on the strategies used to take kangaroos for commercial purposes and the accuracy of certam information reported to the National Parks and Wildlife Service are also described.

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.

scholarly journals HUKUMAN MATI PASCA PUTUSAN MAHKAMAH KONSTITUSI

2009 ◽  
Vol 39 (2) ◽  
pp. 255
Author(s):  
Todung Mulya Lubis
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
European Countries ◽  
European Convention ◽  
Fundamental Freedoms ◽  
Criminal Actor ◽  
Criminal Conduct

AbstrakThe criminal conduct is not only focused on the criminal law but also insociology aspect can be observed as economic, politic and psychologyaspects. Under those reflections then the author reasons that dead sentenceapplication to the criminal actor therefore resulted injustice that alsoforcible. Like murder that has ojien occurred by poverty or neurosis. Underthe author thoughts on punishment concept that has been created iscorrection that contained education and re-socialization aspects. Those allare shown that dead sentence aims to result deterrent not be allained. In theinternational fora under United Nations Organization program at 1971 and1977 has been intentioned to abolish dead punishment had got positiveresponds. More regards are come from European countries who graduallyadopted in to their "European Convention for the Protection of HumanRights and Fundamental Freedoms ". Under the convention dead punishmentabolishment initially is applied on dead sentence in peace time

The Death of Horatia

1979 ◽  
Vol 29 (2) ◽  
pp. 436-447 ◽  
Author(s):  
Alan Watson
Keyword(s):  
Criminal Law ◽  
Legal Issues ◽  
Legal Procedure ◽  
The People ◽  
The Right ◽  
Almost All

Central to any understanding of archaic Roman criminal law is the trial, as recorded by Livy, of Horatius for killing his sister. It is not just that the case raises so many legal issues; the jurisdiction of the father (paterfamilias) and of the king, the institution of a separate state procedure with two judges (the duoviri), the right of appeal to the people, the scope of the crime of perduellio (usually roughly translated as ‘treason’) and of parricidium, murder, and the use of sacral punishment. But also, on the ability to determine how accurate for the period of King Tullus Hostilius is this account of law and legal procedure will depend our wider appreciation of the reliability of the sources. It must be admitted that almost all modern scholars regard Livy's account as quite untrustworthy.

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