scholarly journals Responsibility and punishment: whose mind? A response

2004 ◽  
Vol 359 (1451) ◽  
pp. 1805-1809 ◽  
Author(s):  
S. Zeki ◽  
O. R. Goodenough ◽  
Oliver R. Goodenough
Keyword(s):  
Free Will ◽  
Cognitive Neuroscience ◽  
Criminal Responsibility ◽  
Critical Locus ◽  
The Law ◽  
Anglo American

Cognitive neuroscience is challenging the Anglo-American approach to criminal responsibility. Critiques, in this issue and elsewhere, are pointing out the deeply flawed psychological assumptions underlying the legal tests for mental incapacity. The critiques themselves, however, may be flawed in looking, as the tests do, at the psychology of the offender. Introducing the strategic structure of punishment into the analysis leads us to consider the psychology of the punisher as the critical locus of cognition informing the responsibility rules. Such an approach both helps to make sense of the counterfactual assumptions about offender psychology embodied in the law and provides a possible explanation for the human conviction of the existence of free will, at least in others.

scholarly journals For the law, neuroscience changes nothing and everything

2004 ◽  
Vol 359 (1451) ◽  
pp. 1775-1785 ◽  
Author(s):  
S. Zeki ◽  
O. R. Goodenough ◽  
Joshua Greene ◽  
Jonathan Cohen
Keyword(s):  
Free Will ◽  
Criminal Law ◽  
Cognitive Neuroscience ◽  
Moral Intuitions ◽  
Legal Doctrine ◽  
New Information ◽  
The Law ◽  
The Mind ◽  
The Brain

The rapidly growing field of cognitive neuroscience holds the promise of explaining the operations of the mind in terms of the physical operations of the brain. Some suggest that our emerging understanding of the physical causes of human (mis)behaviour will have a transformative effect on the law. Others argue that new neuroscience will provide only new details and that existing legal doctrine can accommodate whatever new information neuroscience will provide. We argue that neuroscience will probably have a transformative effect on the law, despite the fact that existing legal doctrine can, in principle, accommodate whatever neuroscience will tell us. New neuroscience will change the law, not by undermining its current assumptions, but by transforming people's moral intuitions about free will and responsibility. This change in moral outlook will result not from the discovery of crucial new facts or clever new arguments, but from a new appreciation of old arguments, bolstered by vivid new illustrations provided by cognitive neuroscience. We foresee, and recommend, a shift away from punishment aimed at retribution in favour of a more progressive, consequentialist approach to the criminal law.

Consciousness, law of nature, and nomological determinism

2018 ◽  
Author(s):  
Xiaoyang Yu
Keyword(s):  
Free Will ◽  
Important Thing ◽  
Law Of Nature ◽  
The World ◽  
The Law ◽  
The Brain

Nomological determinism does not mean everything is predictable. It just means everything follows the law of nature. And the most important thing Is that the brain and consciousness follow the law of nature. In other words, there is no free will. Without life, brain and consciousness, the world follows law of nature, that is clear. The life and brain are also part of nature, and they follow the law of nature. This is due to scientific findings. There are not enough scientific findings for consciousness yet. But I think that the consciousness is a nature phenomenon, and it also follows the law of nature.

Legal Principles, Constitutional Principles, and Judicial Review

2019 ◽  
Vol 67 (4) ◽  
pp. 899-930
Author(s):  
Han-Ru Zhou
Keyword(s):  
Judicial Review ◽  
English Language ◽  
Common Law ◽  
Legal Discourse ◽  
Significant Degree ◽  
Clear Cut ◽  
Logical Connection ◽  
Select Group ◽  
The Law ◽  
Anglo American

Abstract Principles form part and parcel of our law and legal discourse, so much so that we seldom think of what they are and what they entail. For centuries they have been invoked daily to interpret and argue about the law. But when it comes to matters of constitutional law, principles are further called upon to perform a perennially controversial function: to help police the boundaries of state action. In most common law jurisdictions with a written constitution, this function of principles runs against the generally accepted view that the exercise of judicial review must ultimately be governed and restricted by the terms of the national constitution. This Article argues that the exercise of judicial review based on principles is not confined to that view, once the relationship between principles and the constitution is unpacked and recontextualized. While the English-language literature on principles over the past half-century has been dominated by a select group of Anglo-American scholars, there is a wealth of untapped insights from other parts of the world. One of the major contributions by continental legal theorists even predates the earliest modern Anglo-American writings on the subject by more than a decade. Overall, the law literature in common law and civil law systems reveals a significant degree of commonalities in the basic characters of principles despite the absence of initial evidence of transsystemic borrowings. The wider conceptual inquiry also displays a shift in the focus of the debate, from the protracted search for a clear-cut distinction between rules and principles towards a redefinition of principles’ relationship with “written” law, be it in the form of a civil code or a constitutional instrument. From this inquiry reemerge “unwritten” principles not deriving from codified or legislated law although they have been used to develop the law. Translated into the constitutional domain, these unwritten principles bear no logical connection with the terms of the constitution. Their main functions cover the entire spectrum from serving as interpretive aids to making law by filling gaps. The theoretical framework fits with an ongoing four-century-old narrative of the evolution of constitutional principles and judicial review across most common law-based systems. Constitutional principles are another area where Anglo-American law and legal discourse is less exceptional and more universal than what many assume. Throughout modern Western history, legal battles have been fought and ensuing developments have been made on the grounds of principles. Our law and jurisprudence remain based on them.

Criminal Responsibility of the Insane

1894 ◽  
Vol 40 (171) ◽  
pp. 609-621
Author(s):  
Oscar Woods
Keyword(s):  
Criminal Responsibility ◽  
House Of Lords ◽  
The Law

Many of those now present will probably agree with me that the law of criminal responsibility, as at present laid prisoners is not the same in England, Ireland, and Scotland. The existing law is ruled by the answers of the judges to certain questions put to them by the House of Lords in reference to the case of the “Queen v. McNaghten,” tried in 1843.

scholarly journals El menor inmigrante como infractor penal

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Rosa Salvador Concepción
Keyword(s):  
Criminal Responsibility ◽  
Juvenile Offender ◽  
Significant Proportion ◽  
Immigrant Children ◽  
Legal Issues ◽  
Penal Code ◽  
The Law

Resumen: La vigente Ley Orgánica 5/2000, de 12 de Enero reguladora de la Responsabilidad Penal de los Menores, en lo sucesivo la LORPM, se dictó para la determinación de la responsabilidad de las personas mayores de catorce años y menores de dieciocho por la comisión de hechos tipificados como delitos o faltas en el Código Penal o en las leyes penales especiales, lo que conlleva que actualmente una proporción importante de los menores imputados y procesados según esta Ley, sean menores inmigrantes que por distintos motivos se ven abocados a una actuación delictiva que les va a conllevar una responsabilidad penal. Es por lo que, en este trabajo vamos a estudiar los aspectos más importantes relacionados con esta delincuencia desde un enfoque pormenorizado hacia el menor infractor cuando éste es inmigrante, analizando la especial problemática de este fenómeno juvenil con el estudio de las cuestiones tanto de carácter social como de carácter jurídico que convergen en su tratamiento. Abstract: The Law 5/2000 of January 12 regulating the Criminal Responsibility of Juveniles – LORPM- was issued for determining the responsibility of persons aged fourteen and under eighteen for committing acts classified as offenses under the Penal Code or special penal laws, which currently carries a significant proportion of juveniles charged and prosecuted under this act, whether immigrant children who for various reasons are forced into a criminal act that they will lead to a criminal responsibility. It is the reason that in this work we are going to study the most important aspects related to this kind of crime with a detailed approach to the juvenile offender when he is an immigrant, analyzing the special problems of this phenomenon by studying social and legal issues that converge in their treatment

scholarly journals CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE

2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Written Text ◽  
Legitimate Interest ◽  
International Regulations ◽  
Actus Reus ◽  
The Law ◽  
Definition Of ◽  
Objective Side ◽  
First Time

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.

scholarly journals Guilt in compositions of crimes against bases of national safety of Ukraine: problem questions of theory and fixing in a law on criminal responsibility

2019 ◽  
pp. 136-150
Author(s):  
R. Chorniy
Keyword(s):  
National Security ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Special Part ◽  
Direct Indication ◽  
General Part ◽  
The Law ◽  
Transfer Of Information

The article is devoted to the investigation of forms and types of guilt in the composition of crimes against the basics of national security of Ukraine. The presence of a number of unresolved issues at the theoretical and legal level on this issue actualizes the need for its scientific elaboration and formulation of proposals to improve the provisions of the law on criminal liability. The purpose of the article is to investigate the problematic issues of forms and types of guilt in crimes against the bases of national security of Ukraine, ways of fixing them in the articles of Section I of the Special part of the Criminal Code of Ukraine and to develop sound proposals for their solution based on the provisions of the doctrine of criminal law. The article presents the existing approaches of doctrinal interpretation by scientists of the provisions on wine, its forms and types, through which the research of this feature in the crimes under Art. Art. 109 - 114-1 of the Criminal Code of Ukraine. It is proved that the most reasonable is the psychological concept of guilt, which promotes the insertion of forms and types of guilt in crimes against the basics of national security with a formal composition, the elucidation of forms of guilt in the warehouses of crimes provided by articles of section I of the Special part of the Criminal Code of Ukraine, in which the legislator directly does not say that it is one of the preconditions for the proper qualification of the act committed by the person. It is proved that the basis for the conclusion about the intentional form of guilt is based on: 1) a direct indication of it in the norm of the law (Part 1 of Article 110 and Part 1 of Article 111 of the Criminal Code of Ukraine); 2) indication of the specific purpose or motives of the criminal behavior (Part 1 of Article 109, Note 1, Part 1 and Part 2 of Article 110-2, Article 113, Part 1 of Article 114 and Article 112 of the Criminal Code of Ukraine) ; 3) combination of the above mentioned features in one norm (Part 1 of Article 110 of the Criminal Code of Ukraine); 4) interpretation of terms used in the dispositions of certain articles and / or through the description in the law of the features of the crime (Part 1 of Article 110, Part 2 of Article 109, Part 1 of Article 110, Part 1 of Article 111, Article 112, Article 113, Part 1 of Article 114 and Part 1 of Article 114-1 of the Criminal Code of Ukraine); 5) interpretation of terms used in other articles of the Special (espionage as a part of state treason) or articles of the General part of the Criminal Code of Ukraine (conspiracy to commit the actions provided for in part 1 of Article 109 of the Criminal Code of Ukraine (Article 26 of the Criminal Code of Ukraine), attempted murder state or public figure (Article 112 of the Criminal Code of Ukraine) (part 1 of Article 15 of the Criminal Code of Ukraine); 6) the orientation of socially dangerous acts. The specifics of constructing all these norms testify to the direct intent of the person who committed the respective crime. On this basis it is substantiated that the lack of specification of intent in part 1 of Art. 111 and Part 1 of Art. 110 of the Criminal Code of Ukraine does not contribute to the clarity of the provisions of the Criminal Code in the specified part, and the direct intent in the composition of these crimes is evidenced by: 1) special purpose (Part 1 of Article 110 of the Criminal Code); 2) the terms used in the dispositions of the said articles (“violation of the order… established by the Constitution of Ukraine” (part 1 of Article 110), “transfer of information…, transition to the enemy's side, rendering… assistance in carrying out subversive activities against Ukraine”) ( Part 1 of Article 111); 3) the focus of socially dangerous action. In order to eliminate the ambiguous interpretation of the provisions of Part 1 of Art. 110 and Part 1 of Art. 111 of the Criminal Code it is proposed to amend them accordingly. The forms and type of guilt in the warehouses of crimes with material composition (Part 3 of Article 110, Part 3 and 4 of Article 110-2, Part 2 of Article 114-1 of the Criminal Code of Ukraine) were not clearly reflected in the relevant rules of the law. It is substantiated that the subject's attitude to socially dangerous consequences (deaths of people (h. 3 Art. 110, h. 2 Art. 114-1), other grave consequences (h. 3 Art. 110, h. 4 Art. 110- 2, Part 2 of Article 114-1) Causing considerable property damage (Part 3 of Article 110-2) can be intentional or negligent.

scholarly journals The Position And Function Of Notary In The Using Of State Symbol

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Responsibility ◽  
Secondary Data ◽  
Letter Position ◽  
Problem Formulation ◽  
Criminal Code ◽  
The State ◽  
Positive Law ◽  
The Law ◽  
Notary Public ◽  
And Function

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.

Sign in / Sign up

Export Citation Format

Share Document