Why Repentance Affects Divine Punishment but Not Human Punishment?

2015 ◽  
Vol 4 (1) ◽  
pp. 96-115
Author(s):  
Shoval Shafat
Keyword(s):  
Criminal Law ◽  
Human Beings ◽  
The Status ◽  
Divine Punishment ◽  
Divine Mercy ◽  
Rabbinic Courts

The aim of the discussion in this article is to explore two different Rabbinic explanations for the status of repentance in human and divine punishment, and to emphasize the essential distinction between them. According to the first explanation the source of accepting repentance is divine mercy upon human beings. Since mercy is not a legitimate consideration in conviction or even in determination of punishment in Jewish criminal law there is no wonder why repentance does not have any role during the criminal procedures in rabbinic court. According to the second explanation the acceptance of repentance by God is similar to the acceptance of flattery and bribe by a Roman corrupted judge. God decides to accept repentance and to forgive the transgressors since it better serves God’s interests. This analogy between repentance and flattery and bribery then explains why rabbinic courts do not take repentance into account.

scholarly journals ASAS PERTANGGUNGJAWABAN TERHADAP KORPORASI YANG MELAKUKAN TINDAK PIDANA PERBANKAN

2016 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Nurul Sasmita
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Strict Liability ◽  
Mens Rea ◽  
Human Beings ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Actus Reus ◽  
Sense Of Justice

The aims of this thesis is (1) to investigate andexplain the positions of corporations in conducting banking criminalacts, and (2) also to identify and explain the criminal responsibility ofbank as the perpetrator in banking criminal acts. This research isnormative, conceptual approach and the approach of legislationregarding responsibility principles of the corporation for banking criminalacts.Corporations have chances in committing a crime, especially bankingcriminal acts just by making a corporation recognized as a subject ofexistence apart from human beings, so that in practice there is a criminal offense committed by the corporation. The corporation takespart in the occurrence of a crime. In practice, the determination of acriminal offenseconducted by the corporation is known through two things: first, the works of the committee: they should be constructed as theyuse the principles of the liability of corporation’s criminal actions. Principally, stakeholders and officials or employees of a corporationhave the responsibility for its owncorporate actions; second, errors in the corporation,as long as it is in the science of criminal law, the overview of criminals is still oftenassociated with physical actions performed by the manufacturers(fysieke dader) but this can be overcome by the study of  "functionalactors" (functioneledader). We can prove that the action of committeeor employees of the corporation in the society act traffic concerned,the acts of the corporationerrors in the forms (dolus or culpa) must be regarded ascorporate faults.Towards the corporations that make banking criminal acts we canhave their responsibility with the principles of strict liability. Onthe principle of strict liability, it is known that the responsibility ison them even if they do not have the required mens rea. The substanceof this principle is that the perpetrator has been punished if theperpetrator may have provable conduct prohibited by the criminalprovision (actus reus) withoutsee the inner attitude. In this conception, the corporation is consideredhaving responsibility forphysical acts performed by management. A corporation convicted in principles isintended to develop a sense of justice in the corporation who commitsbanking criminal acts as stated in Article 46 paragraph (2), sothat if a corporation committed criminal acts, we can also have theresponsibility of the corporation. Keywords:Banking Criminal Acts, Corporation, ResponsibilityMenurut peraturan perundang-udangan, korporasi sebagai subyek hukum dapat dikenakan pidana sebagaimana manusia melakuka tindak pidana. Pada praktiknya, penentuan tindak pidana yang dilakukan oleh korporasi diketahui melalui dua hal, yaitu pertama tentang perbuatan pengurus yang harus dikonstruksikan sebagai perbuatan korporasimaka digunakanlah asas pertanggungjawaban pidana. Pada asas tersebut stakeholder maupun pengurus atau pegawai suatu korporasi, bertanggungjawab terhadap perbuatan korporasi itu sendiri. dan kedua tentang kesalahan pada korporasi, memang selama ini dalam ilmu hukum pidana gambaran tentang pelaku tindak pidana masih sering dikaitkan dengan perbuatan yang secara fisik dilakukan oleh pembuat (fysieke dader) namun hal ini dapat diatasi dengan ajaran “pelaku fungsional” (functionele dader). Kita dapat membuktikan bahwa perbuatan pengurus atau pegawai korporasi itu dalam lalu lintas bermasyarakat berlaku sebagai perbuatan korporasi yang bersangkutan maka kesalahan dalam bentuk (dolus atau culpa) mereka harus dianggap sebagai kesalahan korporasi. Terhadap korporasi yang melakukan tindak pidana perbankan dapat dimintai pertanggungjawaban pidana dengan menggunakan asas strict liability.Pada asas strict liability diketahui bahwa pembebanan tanggung jawab pidana kepada pelakunya sekalipun pelakunya tidak memiliki mens rea yang dipersyaratkan. Adapun substansi dari asas ini adalah pelaku sudah dapat dijatuhi pidana apabila pelaku telah dapat dibuktikan melakukan perbuatan yang dilarang oleh ketentuan pidana (actus reus) tanpa melihat sikap batinnya. Dalam konsepsi ini, korporasi dianggap bertanggung jawab atas perbuatan yang secara fisik dilakukan oleh pengurus (direksi dan komisaris). Dipidananya korporasi pada asas ini dimaksudkan dapat menimbulkan rasa keadilan pada korporasi yang melakukan tindak pidana perbankan, sehingga apabila korporasi melakukan tindak pidana maka korporasi juga dapat dimintai pertanggungjawaban.Kata kunci: Korporasi, Pertanggungjawaban, Tindak Pidana Perbankan

scholarly journals Investigating the Destiny of Children in the Hereafter from Avicenna. Mullā Ṣadrā, and the Infallibles' Viewpoints

2020 ◽  
Vol 7 (6) ◽  
pp. 27
Author(s):  
Qudsiyeh Sādāt Hāshemī Dulābī ◽  
Alī Haqqi ◽  
Abbās Jawareshkīān
Keyword(s):  
Human Being ◽  
Human Beings ◽  
Mulla Sadra ◽  
The People ◽  
Divine Knowledge ◽  
Divine Justice ◽  
The Status ◽  
Divine Mercy

The destiny of the human being in the hereafter is one of the issues that one can never be indifferent about it. That human beings will ultimately be divided into the good and the bad, and rewarded or punished is unanimously agreed upon by all the Muslim thinkers. However, there is ample disagreements regarding how the children or those who die before the age of puberty would be rewarded or punished. By investigating Avicenna and Mullā Ṣadrā's viewpoints and studying the Infallibles' narratives, the present library-based study attempted to answer the following question: what is the destiny of children and the status of their souls after dissociating from body in the hereafter. The findings showed that although there are some disagreements on this regard among the three, they unanimously agree that punishing children without the Divine test is against the Divine justice; because of the Divine mercy and the children's not reaching to the age of puberty, as well as the rule which stipulates no punishment without declaration of law, there will be no punishment for the children. Children will be subject to the Divine mercy and, according to some narrative, they will join their faithful parents. Moreover, according to some other narratives, they will be trained by Ḥaḍrat Zahrā (PBUH), Ibrāhīm and Sara, and become the servants of the people of the paradise. All of the above are consistent with the narratives on the Divine knowledge about the children. Finally, from Avicenna and Mullā Ṣadrā's viewpoints, there is no intellectual impediment.

scholarly journals PROBATION PERIOD AS A MEANS OF IMPLEMENTING THE FUNCTIONS OF CONDITIONAL SENTENCE

2021 ◽  
Vol 31 (6) ◽  
pp. 1131-1135
Author(s):  
E.V. Medvedev
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Maximum Effect ◽  
Equal Opportunities ◽  
Conditional Sentence ◽  
The Status ◽  
Legal Position ◽  
Legal Consequences ◽  
Functional Purpose

The paper reveals the functional purpose of the norms regulating the procedure for establishing, extending and canceling the probation period on the grounds provided for in Article 74 of the Criminal Code, and determines their place in the mechanism for implementing the protective and restorative functions of criminal law. In the course of the study, the author comes to the conclusion that it is necessary to make a number of changes to this procedure, in particular, concerning the assessment of the grounds and determination of the legal consequences of the cancellation of probation as a result of the commission of an administrative offense by a conditionally convicted person, careless and intentional crimes, as well as violations of the requirements established for the behavior of a convicted person for the period of probation by a court verdict. At the same time, when designing the norms on probation, the legislator should proceed from the fact that the maximum effect of using this tool depends on the degree of integration of the convict's personality into a socially oriented environment, including in terms of correcting his value-semantic attitudes. It can be achieved if the probationer takes part in the life of society on an equal basis with its other representatives, being in the same social status and legal position with them, that is, in conditions of equal opportunities. Therefore, the longer a person is in the status of a convicted (albeit conditionally convicted) and a judged person, the further the prospect of full-fledged re-socialization will move away from him.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

TRENDS IN HEALTH LEGISLATION AND ADMINISTRATION

PEDIATRICS ◽  
1948 ◽  
Vol 2 (3) ◽  
pp. 357-360
Keyword(s):  
Child Health ◽  
Parent Education ◽  
Maternal And Child Health ◽  
Good Life ◽  
Child Life ◽  
Human Beings ◽  
Public And Private ◽  
The People ◽  
The Status ◽  
And Child Health

TWO months ago when some of the salient features of the National Health Assembly were reviewed in this column (July issue), the report of the Maternal and Child Health Section was reserved for more complete presentation. This Section report is far too bulky to be quoted fully here. It includes first a factual summary of the present status of maternal and child health under the heading: "Where are we now in Maternal and Child Health?" Sub-committees, each of which submitted separate reports, were appointed to consider the following topics: 1. Training of personnel 2. Health of the School Age Child 3. Parent Education 4. Program to Raise Standards of Maternity, Newborn, and Pediatric Hospital Care 5. Research Program in Child Life 6. Care of the Handicapped, Including Prevention of Accidents Because other sections of the Assembly considered nutrition, dental care, environmental sanitation, mental hygiene and the chronic diseases common in childhood, these important factors were not considered in detail by the Maternal and Child Health Section. The most important part of the report is a summary entitled: "Goals for Maternal and Child Health." This statement includes the Sub-committee recommendations which were agreed upon as the most significant. This summary is therefore quoted in full as follows: Goals for Maternal and Child Health Whenever stock is taken of achievements designed to increase the chances of a good life and to improve the conditions of living, the people turn to examine the status of public and private action in behalf of children and to assess the extent and quality of care provided. This is natural because we recognize that the good life for mankind and world peace lies in the health and vigor of children, in their capacity to learn, in their ability to grow as thinking, reasoning human beings, and to develop from infancy through childhood and youth until they reach adulthood as fully mature persons, secure in their ability to take their places as citizens and as parents.

History and Systems of Critical Psychology

2021 ◽  
Author(s):  
Thomas Teo
Keyword(s):  
Psychological Theory ◽  
Critical Psychology ◽  
Human Beings ◽  
Strong Basis ◽  
Psychological Practice ◽  
The Status ◽  
Critical Approaches ◽  
The Individual ◽  
Many Sources ◽  
The Relationship

Critical psychology comprises a broad range of international approaches centered around theories and practices of critique, power, resistance, and alternatives of practice. Although critical psychology had an axial age in and around the 1970s, many sources can be found decades and even centuries earlier. Critical psychology is not only about the critique of psychology, which is a broader historical and theoretical field, but about doing justice in and through theory, justice with and to groups of people, and justice to the reality of society, history, and culture as they powerfully constitute subjectivity, as well as the discipline and profession of psychology. Doing justice in and through psychological theory has a strong basis in Western critical approaches, representing a privileged position of reflection in Euro-American research institutions. Critical psychologists argue that traditional psychology is missing its subject matter and hence is not doing justice in methodology, and its practices of control and adjustment are not doing justice to the emancipatory possibilities of human agency or human science. Critical psychologists who are attempting to do justice with and to human beings are not neglecting the onto-epistemic-ethical domain, but are instead focusing on people, often marginalized or oppressed groups. Critical psychologists who want to do justice in history, culture, and society have argued that traditional psychological practice means adaption and adjustment. This means that not only subjectivity, but also the discipline and profession of psychology need to be connected with contexts. Psychologists have attempted to conceptualize the relationship between society and the individual, as well as the ability of humans not only to adapt to an environment but to change their living conditions and transform the status quo. This conceptualization also means providing concrete analyses of how current society, based in neoliberal capitalism, not only impacts individuals but also the discipline of psychology. Despite the complexities of critical psychology around the world, critical psychologists emphasize the importance of reflexivity and praxis when it comes to changing the conditions of social reality that create mental life. Given that subjectivity cannot be limited to intra-psychological processes, critical psychologists attend to relational and structural societal realities, requiring inter- and transdisciplinarity in the discipline and profession.

Bringing People Down

2021 ◽  
Vol 24 (3) ◽  
pp. 433-466
Author(s):  
John Vorhaus
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Corporal Punishment ◽  
European Convention ◽  
Human Beings ◽  
European Court ◽  
The Status ◽  
Relational Concept ◽  
Degrading Treatment ◽  
As If

Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.

Measurement of leucine metabolism in man from a primed, continuous infusion of L-[1-3C]leucine

1980 ◽  
Vol 238 (5) ◽  
pp. E473-E479 ◽  
Author(s):  
D. E. Matthews ◽  
K. J. Motil ◽  
D. K. Rohrbaugh ◽  
J. F. Burke ◽  
V. R. Young ◽  
...  
Keyword(s):  
Steady State ◽  
Continuous Infusion ◽  
Co2 Production ◽  
Human Beings ◽  
Priming Dose ◽  
Leucine Metabolism ◽  
Kinetics Of ◽  
13Co2 Enrichment

Leucine metabolism in vivo can be determined from a primed, continuous infusion of L-[1-13C]leucine by measuring, at isotopic steady state, plasm [-13C]leucine enrichment, expired 13CO2 enrichment, and CO2 production rate. With an appropriate priming dose of L-[1-13C]leucine and NaH13CO3, isotopic steady state is reached in less than 2 h, and the infusion is completed in 4 h. The method can determine rates of leucine turnover, oxidation, and incorporation into protein with typical relative uncertainties of 2, 10, and 4%, respectively. The method requires no more than 1 ml of blood and uses stable isotope rather than radioisotope techniques. Thus, the method is applicable to studies of human beings of all ages. L-[1-13C]leucine may be infused with a second amino acid labeled with 15N for simultaneous determination of the kinetics of two amino acids.

scholarly journals Methods for Structural Stress Determination according to EN 13445-3 Annex NA – Comparison with other Codes for Unfired Pressure Vessels

2018 ◽  
Vol 165 ◽  
pp. 10003
Author(s):  
Ralf Trieglaff ◽  
Jürgen Rudolph ◽  
Martin Beckert ◽  
Daniel Friers
Keyword(s):  
Pressure Vessel ◽  
Pressure Vessels ◽  
Structural Stress ◽  
Stress Determination ◽  
User Friendliness ◽  
Fatigue Assessment ◽  
Shell Elements ◽  
European Working ◽  
The Status

The European Pressure Vessel Standard EN 13445 provides in its part 3 (Design) a simplified method (Clause 17) and a detailed method for fatigue assessment (Clause 18). Clause 18 “Detailed Assessment of Fatigue Life” is under revision within the framework of the European working group CEN/TC 54/WG 53 – Design methods with the aim of reaching a significant increase in user-friendliness and a clear guideline for the application. This paper is focused on the new informative annex NA ”Instructions for structural stress oriented finite elements analyses using brick and shell elements”. As an essential amendment for the practical user, the determination of structural stress ranges for fatigue assessment of welds is further specified in this new annex. Different application methods for the determination of structural stresses are explained in connection with the requirements for finite element models and analyses. This paper will give a short overview of the proposed approaches of structural stress determination in annex NA of the revised EN 13445-3. It will present the status of the approaches based on the results of fatigue analyses according to EN 13445-3 Clause 18 for different application examples. For verification purposes, the results of the approaches proposed in EN 13445-3 are compared with the results of other pressure vessel design codes for nuclear and non-nuclear application.

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