Historical Analysis in Criminal Law

2018 ◽  
pp. 964-982
Author(s):  
Arlie Loughnan
Keyword(s):  
Criminal Law ◽  
Historical Analysis ◽  
Criminal Trial ◽  
Legal Issues ◽  
Criminal Process ◽  
Trial Process ◽  
History Of ◽  
Meaningful Role ◽  
The Way

This chapter offers a counter-history of criminal trial verdicts, restoring special verdicts to the story typically told about trial verdicts. According to this typical story, the dominance of the general verdict (‘guilty’ or ‘not guilty’, a determination of both the factual and legal issues at trial) is thought to be both inevitable and right. While special verdicts are now virtually unknown in the English trial process, during the period of the development of the modern criminal trial, they played a greater role in criminal process, functioning as a means by which the seismic changes associated with the appearance of the modern criminal trial were negotiated in the courtroom. Bringing to light the all-but-forgotten past of trial verdicts opens the way to think again about verdicts in the current era, considering the possibilities for the restoration of a meaningful role for special verdicts.

The Didactic Trial: Filtering History and Memory into the Courtroom

2006 ◽  
Vol 14 (4) ◽  
pp. 513-522 ◽  
Author(s):  
LAWRENCE DOUGLAS
Keyword(s):  
Criminal Law ◽  
History And Memory ◽  
Rule Based ◽  
Trial Process ◽  
History Of ◽  
The Way

The principle that perpetrators of atrocity should be brought to justice before courts of criminal law enjoys near total acceptance. However, because of the nature of the transgressions adjudicated, the major trials of perpetrators have also served a didactic and moral function in redefining and re-imposing rule-based legality. As a consequence, these trials address history and memory in the course of trying the accused. This essay examines three particular filters that affect the way the memory and history of the events concerned enter the trial process: first, the nature of the evidence admitted; second, the substantive incriminations directed at the accused; and third, the principle of criminal accountability deployed by the prosecution. The essay also considers how the timing and place of the trial influence its didactic value. Ultimately, the didactic and moral effectiveness of such trials is beyond the control of the courts and can only be evaluated over the longer term.

scholarly journals Mythopoetics of the Were-Dragon (The Way of the Dragon by B. M. Yulsky and the Literary Context)

2021 ◽  
Vol 20 (2) ◽  
pp. 128-135
Author(s):  
Guanqiong Lin
Keyword(s):  
Short Story ◽  
Chinese Culture ◽  
Far East ◽  
Historical Analysis ◽  
Mountain Forest ◽  
The Real ◽  
Literary Context ◽  
History Of ◽  
Frontier Mythology ◽  
The Way

As a Russian mountain-forest policeman and writer of the Harbin diaspora, B. M. Yulsky combined in his prose the experience of the police service and ideas about the ethnoculture of the Chinese who inhabited the territory of the Far East. This article contains a hermeneutic and comparative historical analysis of the short story The Way of the Dragon (1939) by B. M. Yulsky. The artistic morphology of the dragon is built on the comparison of its image in Chinese, Amur, Slavic and European cultures. One of the key images in the Russian heroic epic, in the Christian legend of Saint George, in Western and Northern European mythology, the dragon is actualized in modern literature. The analysis involves a philosophical treatise and a Chinese classic novel. It is shown that in the Chinese mythopoetic consciousness the temper and morphology of the dragon is different from its interpretation in European and Russian texts. The content of the short story by B. M. Yulsky speaks about his acquaintance with the understanding of the dragon, which is more characteristic in Chinese culture. The writer integrated the archaic image of the werewolf dragon into the real situation and brought a legend to the history of Honghuzi. The facts set forth in the monograph by D. V. Ershov are the real confirmation of the story described by B. M. Yulsky. The Way of the Dragon is an example of the artistic ethnography and the authorial frontier mythology that have developed in Russian literature in Harbin.

Private Acts/Public Policy: Alfred Kinsey, the American Law Institute and the Privatization of American Sexual Morality

1996 ◽  
Vol 30 (3) ◽  
pp. 405-428 ◽  
Author(s):  
David Allyn
Keyword(s):  
Sexual Behavior ◽  
Historical Analysis ◽  
Sexual Revolution ◽  
Sexual Morality ◽  
Social Scientists ◽  
Sexual Science ◽  
American Law ◽  
History Of ◽  
The Way ◽  
Alfred Kinsey

Alfred Kinsey has long been recognized for his crucial role in the history of American sexual science. Kinsey's massive studies of American sexual behavior changed the way social scientists studied sexuality by breaking from the accepted social hygienic, psychoanalytic, psychiatric and physiological approaches. Scholars have noted that Kinsey's efforts paved the way for the work of Masters and Johnson and contributed to a postwar climate of “openness” about sexual behavior. In effect, Kinsey's studies signaled the final triumph of scientific candor over the nineteenth century “conspiracy of silence.” Furthermore, Kinsey's quantitative approach advanced what Paul Robinson has called the “modernization of sex,” and Kinsey's discussion of homosexuality inspired both the homophile movement of the 1950's and the anti-homosexual moral panic of the same decade. Yet for all of Kinsey's significance, his part in shaping the social policies of the 1950's and the “sexual revolution” of the 1960's has received surprisingly little historical analysis.

Conceptualisations of xoshbaxti (‘happiness / prosperity’) and baxt (‘fate / luck’) in Persian

2019 ◽  
Vol 20 (1) ◽  
pp. 78-95 ◽  
Author(s):  
Farzad Sharifian ◽  
Mehri Bagheri
Keyword(s):  
Word Association ◽  
Historical Analysis ◽  
European Language ◽  
Association Task ◽  
Married Life ◽  
Multidisciplinary Nature ◽  
History Of Religions ◽  
History Of ◽  
Cultural Linguistics ◽  
The Way

Abstract This paper explores conceptualisations of xoshbaxti (‘happiness / prosperity’) and baxt (‘fate / luck’) in Persian, adopting a combined historical and contemporary analysis. The expression xoshbaxti consists of the free morphemes xosh (‘pleasant’) and baxt (‘fate’). The root of baxt originates from the Proto-Indo-European language (bʰeh₂g). An historical analysis returning all the way to the Proto-Indo-Iranian religion shows that the concept of baxt captured the idea of a pre-determined destiny by conceptualising Bhaga as a god who dispenses fortune. Data from a number of Persian encyclopaedias, dictionaries and weblogs, as well as a word association task carried out by a group of speakers of Persian, revealed that xoshbaxti in contemporary Persian is largely associated with what is considered to be a “good” married life. Overall, the findings of this study illustrate the usefulness of combining diachronic and synchronic approaches when analysing cultural conceptualisations. The study also shows that attempts to trace the historical roots of cultural conceptualisations may benefit from insights gained in other fields, such as the history of religions. In this context, the multidisciplinary nature of the newly developed field of Cultural Linguistics provides an effective basis for cross-disciplinary openness, which has the potential to deepen the scope of analyses undertaken.

scholarly journals Soviet Modernity: Stephen Kotkin and the Bolshevik Predicament

2014 ◽  
Vol 23 (2) ◽  
pp. 167-192 ◽  
Author(s):  
ANNA KRYLOVA
Keyword(s):  
Twentieth Century ◽  
Historical Analysis ◽  
Critical Discussion ◽  
Special Role ◽  
Master Narratives ◽  
Modern Times ◽  
Collective Property ◽  
History Of ◽  
The Subject ◽  
The Way

‘Modernity’ has long been a working category of historical analysis in Russian and Soviet studies. Like any established category, it bears a history of its own characterised by founding assumptions, conceptual possibilities and lasting interpretive habits. Stephen Kotkin's work has played a special role in framing the kind of scholarship this category has enabled and the kind of modernity it has assigned to twentieth-century Russia. Kotkin's 1995Magnetic Mountainintroduced the concept of ‘socialist modernity’. His continued work with the concept in his 2001Kritikaarticle ‘Modern Times’ and his 2001Armageddon Avertedmarked crucial moments in the history of the discipline and have positioned the author as a pioneering and dominant voice on the subject for nearly two decades. Given the defining nature of Kotkin's work, a critical discussion of its impact on the way the discipline conceives of Soviet modernisation and presents it to non-Russian fields is perhaps overdue. Here, I approach Kotkin's work on modernity as the field's collective property in need of a critical, deconstructive reading for its underlying assumptions, prescribed master narratives, and resultant paradoxes.

Periodizing Classic Noir

2017 ◽  
Author(s):  
Robert Miklitsch
Keyword(s):  
The Third ◽  
Recent Interest ◽  
History Of ◽  
The Impact ◽  
The Way

This concluding chapter traces the history of classic noir by reflecting on the way in which the genre has been discursively constituted through its beginnings and endings, an act of periodization that typically entails nominating particular films as the first and last noir in order to differentiate the intervening films from, respectively, proto- and neo-noir. While the recent interest in Stranger on the Third Floor (1940) is one sign that Boris Ingster's film has supplanted The Maltese Falcon (1941) as the first, titular American noir, recent transnational readings of the genre have problematized the reflexive determination of classic noir as a strictly American phenomenon. In fact, the impact of Odds against Tomorrow (1959) on transnational neo-noir indicates that the end or terminus of the classical era is just as provisional—just as open to interpretation and therefore, revision—as its origin.

On Prosecutor’s Offences in Roman Criminal Trial

2019 ◽  
Vol 80 ◽  
pp. 215-222
Author(s):  
Elżbieta Loska
Keyword(s):  
Criminal Law ◽  
Criminal Trial ◽  
Criminal Process ◽  
The Subject

The subject of the article is to present a crime of collusion (praevaricatio) in Roman criminal law. It is one of the forms of obstruction of the criminal process by the prosecutor. The main scope was to show this crime in the juridical sources, preserved in the Justinian’s Digest.

THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT

2020 ◽  
pp. 53-61
Author(s):  
A. G. Menshikova ◽  
E. I. Dumanskaya
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Historical Analysis ◽  
Legal Concept ◽  
Scientific Ideas

The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.

scholarly journals Evolución histórica del proceso de enseñanza aprendizaje del inglés en Carreras Técnicas de la Universidad Estatal del Sur de Manabí, Ecuador

2017 ◽  
Vol 2 (3) ◽  
Author(s):  
Jaime Walter Cañarte Ávila ◽  
Ned Quevedo Arnaiz ◽  
Nemis García Arias
Keyword(s):  
Teaching And Learning ◽  
Research Work ◽  
Historical Analysis ◽  
Palabras Clave ◽  
History Of ◽  
Technical Functions ◽  
Technological Improvements ◽  
The University ◽  
The Way ◽  
Learning English

Este trabajo investigativo tiene como objetivo determinar las etapas en la enseñanza y el aprendizaje del inglés para las carreras de corte técnico en la Universidad Estatal del Sur de Manabí, Ecuador. Para ello, se basa en el análisis histórico del proceso de enseñanza aprendizaje del inglés, y se analiza y sintetiza actividades en diferentes momentos evolutivos para caracterizar el tratamiento que se le ha brindado a la expresión oral. El mismo se ha dividido en tres períodos a partir de los indicadores establecidos hasta llegar a la tercera etapa comunicativa,  con  los  adelantos  tecnológicos  como  laboratorios  de  idiomas,  pantallas gigantes y proyectores, que modificaron la forma de enseñar y aprender   el inglés en la Universidad y que continúan desarrollando la expresión oral en inglés. Palabras Clave: aprendizaje del inglés, expresión oral, enfoque comunicativo The history of the English teaching and learning process in technical majors in  “Universidad Estatal del Sur de Manabí, Ecuador”   Abstract This research work aims at determining the stages of teaching and learning English for majors with technical functions in “Universidad Estatal del Sur de Manabí, Ecuador”. It is essentially based on the method of historical analysis, but the activities in the different evolutionary stages are analyzed and synthesized as well to characterize the treatment given to speaking. It has been divided into three periods taking into account the different aspects considered for the analysis up to the present third stage, the communicative stage, and 7 in which interaction has been communicative and the method was finally replaced by the communicative approach with technological improvements as labs, giant screens and projectors. These modifications have changed the way of teaching and learning English at the University and the way speaking in English is developed. Keywords: English learning, speaking, communicative approach  

La Grande Illusion

2002 ◽  
Vol 15 (2) ◽  
pp. 297-316
Author(s):  
Immi Tallgren
Keyword(s):  
Criminal Law ◽  
History Of ◽  
The Way

The way I discuss here the history of censorship and criticism of La Grande Illusion reflects the normal context today, in which it is acknowledged that there are certain common concerns of law and art and that they influence each other mutually. The expressive and ceremonial aspects of criminal law are well known.

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