Banksy's Graffiti: A Not-So-Simple Case of Criminal Damage?

2009 ◽  
Vol 73 (4) ◽  
pp. 345-361 ◽  
Author(s):  
Ian Edwards
Keyword(s):  
Mens Rea ◽  
Aesthetic Value ◽  
Definition Of

Graffiti artists are, if caught, most likely to be prosecuted under s. 1 of the Criminal Damage Act 1971. This article explores the extent to which the substantive definition of criminal damage applies to them. There is no separate exculpatory or justificatory defence of ‘aesthetic value’, and so graffiti artists must argue that they either have not ‘damaged’ property, they lacked mens rea or they had lawful excuse. It is argued that the work of artists such as Banksy forces a reappraisal of the precision and applicability of criminal damage.

scholarly journals The Prejudicial Effects of "Reasonable Steps" in Analysis of Mens Rea and Sexual Consent: Two Solutions

2018 ◽  
pp. 933
Author(s):  
Lucinda Vandervort
Keyword(s):  
Sexual Assault ◽  
Personal Experience ◽  
Common Law ◽  
Criminal Code ◽  
Decision Makers ◽  
Sexual Consent ◽  
Mens Rea ◽  
State Of Mind ◽  
Definition Of ◽  
Is Failure

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by section 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded in their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable,” given what the accused knew, the legal definition of consent in section 273.1 is easily overlooked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. The result is failure to enforce the law. The author proposes: (1) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and (2) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent.

Wage Theft as a Legal Concept

2020 ◽  
pp. 134-150
Author(s):  
Sarah Green
Keyword(s):  
Minimum Wage ◽  
Mens Rea ◽  
Legal Concept ◽  
Social Concept ◽  
Wage Theft ◽  
The Social ◽  
Wide Range ◽  
Actus Reus ◽  
Definition Of ◽  
Public Concerns

This chapter analyses the fraud offence from the perspective of ‘wage theft’. The social concept of a ‘wage theft’ encompasses a wide range of dishonest or ‘sharp’ practices: false labelling of individuals as ‘self-employed’ and hence outside the scope of the National Minimum Wage framework, failure to pay holiday pay, unlawful deductions, and an absence of transparency in relation to wage entitlements. It is linked to wider public concerns about the effective enforcement of the statutory minimum wage regime. The chapter then examines whether the social concept of ‘wage theft’ maps onto the legal definition of ‘theft’ in section 1 of the Theft Act 1968. It argues the legal label of theft is ill-suited to the constellation of practices associated with the social label of ‘wage theft’. This is because of the disjunction between the proprietary status of ‘wages’ and the offence elements of theft in English law. In short, unpaid wages will often not count as ‘property belonging to another’ at the time of the dishonest appropriation by the employer, hence there is a difficulty with identifying a complete and coincident mens rea and actus reus.

25. Intoxication

2017 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Mens Rea ◽  
State Of Mind ◽  
Mental Element ◽  
The Law ◽  
Definition Of

This chapter discusses the law on offences involving intoxication. It distinguishes between voluntary and involuntary intoxication, and between ‘specific’ and ‘basic’ intent. Cases are presented to show that state of mind is both a necessary element in the definition of an offence as well as in some defences. Just as intoxication may cause a person to lack the mens rea of an offence so it may cause him to have the necessary mental element of a defence.

5. Murder

2017 ◽  
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Criminal Law ◽  
Legal Reform ◽  
Self Control ◽  
Mens Rea ◽  
Loss Of Self ◽  
Life Sentence ◽  
Actus Reus ◽  
Definition Of ◽  
Partial Defences ◽  
Controversial Nature

This chapter focuses on the offence of murder within the context of criminal law, with particular emphasis on its problematic and controversial nature. It first considers the definition of murder in terms of actus reus and mens rea. It then discusses the defences to murder, including general defences, specific complete defences (e.g. cases involving doctors and the treatment of terminally ill patients), and partial defences (e.g. loss of self-control, diminished responsibility, and suicide pact). It also outlines potential options for legal reform concerning the mandatory life sentence and the mens rea of murder, and concludes by presenting a structure for applying the actus reus and mens rea for murder to problem facts. Relevant cases are highlighted throughout the chapter, and there are also boxes that highlight common pitfalls to avoid and other areas of confusion for those new to the law.

scholarly journals Status teoretyczny emblematu w polskiej dekoracji

Terminus ◽  
2021 ◽  
Vol 23 (3) ◽  
pp. 227-258
Author(s):  
Magdalena Kinga Górska
Keyword(s):  
18Th Century ◽  
Artistic Practice ◽  
Aesthetic Value ◽  
Departure Point ◽  
Decorative Art ◽  
Historical Materials ◽  
Genre Classification ◽  
Theoretical Status ◽  
Definition Of

The Theoretical Status of the Emblem in Polish Decorative Art This paper argues that the theoretical status of the emblem in decorative art has methodological significance in emblem studies and art history, comparable to its status in the so-called book’s editorial frame. This claim is justified in the historical and theoretical tradition of defining emblems in the sources. The departure point for the author’s considerations comes from the findings of applied emblematics, and its foundation is provided by the theoretical sources describing symbolic genres (scil. emblema, symbolum, hierogliphicum) published in Poland from the 16th to the 18th century, including books of poetics, rhetoric, dictionaries and compendia. The first part of the article presents an overview of research on decorative emblems in Poland, together with factors responsible for the scarcity of such studies, including the lack of symbolic typology of the decorations, and the division into literary and non-literary studies, motivated by the philological roots of emblem studies. It is noted that the emblemata in the so-called book’s editorial frame and those in decorations should be studied separately, as the latter are of ornamental nature, and require a distinct order of perception, explication, and the recipient’s role. Besides, it is pointed out that the anachronism of the 16th-century formulae of emblema raises problems for the genological classification of Polish decorations, and so does the inter-genre, compendiumtype pattern of symbolism dominant in the 18th century. The second part of the article discusses the definition of the emblema, focusing on its details relevant for the artistic practice and present-day genre classification, such as technique, composition, the content of the image, which is confronted with Polish historical materials. The analysis carried out in the paper supports the claim that providing a genelogical definition of a work of art sheds light on its artistic rendition and aesthetic value. It also enhances the perspective on emblem studies, the workshop of an emblem artist and the reception of the emblem. Additionally, it enables the verification of synthetic accounts and research practice, offering a profound reflection on the chronology and previous conceptions of the emblem. Finally, it helps to formulate postulates, which can be useful for the met

scholarly journals Significado estético del Sistema del Idealismo Trascendental

2017 ◽  
Vol 21 (2) ◽  
Author(s):  
Magdalena Bosch
Keyword(s):  
Transcendental Idealism ◽  
General Tendency ◽  
Aesthetic Value ◽  
El Sistema ◽  
Definition Of

RESUMENEl valor estético del Sistema del Idealismo Trascendental ha pasado algo desapercibido, si se tiene en cuenta su relevancia y si se compara con la buena fortuna de otras obras del mismo autor. La tendencia general, justificada, ha sido estudiar la cuestión de la belleza y el arte en aquellas obras directamente dedicadas a este tema. Este artículo pone en evidencia el valor estético decisivo que tiene el Sistema y, cómo toda la obra y toda su estructura, fundamenta y desarrolla la definición de belleza que aparece sólo en sus últimas líneas: «lo infinito expresado de modo finito es belleza» (SW 465).PALABRAS CLAVESCHELLING, ESTÉTICA, SISTEMA DEL IDEALISMO TRASCENDENTAL, BELLEZAABSTRACTThe aesthetic value of the System of Transcendental Idealism has been scarcely recognized. It must be considered the relevance of this work, and how easy has been the recognition of beauty in other works of Schelling. The general tendency, absolutely justified, has been to look for beauty and art in those text clearly devoted to this topic. In this article it is shown and analyzed the decisive aesthetic value of the System: how the whole work, its whole structure,  base and develops the definition of beauty we find just in the last lines of the text: «The infinite expressed in a finite way is beauty» (SW 465)KEYWORDSSCHELLING, AESTHETICS, SYSTEM OF THE TRANSCENDENTAL IDEALISM, BEAUTY

3. Mens rea

Criminal Law ◽  
2017 ◽  
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Mens Rea ◽  
State Of Mind ◽  
Mental Element ◽  
The Law ◽  
Definition Of

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Mens rea refers to the mental element necessary for a particular crime. This may differ from one crime to another and the definition of each crime must be examined to determine what state of mind is required. This chapter discusses the meaning of intention, knowledge, recklessness, wilfulness, and mistake.

Molecular Beauty

2012 ◽  
Author(s):  
Roald Hoffmann
Keyword(s):  
Physical Chemistry ◽  
Organic Chemistry ◽  
Journal Article ◽  
Group Meeting ◽  
Aesthetic Value ◽  
Written Discourse ◽  
Empirical Inquiry ◽  
Subjective Evaluations ◽  
Folk Literature ◽  
Definition Of

My wife and I were on our way to Columbus, Ohio. After I settled on the airplane, I took out a manuscript I was working on—typical for the peripatetic obsessive chemist. Eva glanced over and asked, “What are you working on?” I said: “Oh, on this beautiful molecule.” “What is it that makes some molecules look beautiful to you?” she asked. I told her, at some length, with pictures. And her question prompted this essay. What follows is an empirical inquiry into what one subculture of scientists, chemists, call beauty. Without thinking much about it, there are molecules that an individual chemist, or the community as a whole, consider to be the objects of aesthetic admiration. Let’s explore what such molecules are, and why they are said to be beautiful. In the written discourse of scientists, in their prime and ritual form of communication, the periodical article, they’ve by and large eschewed emotional descriptors. Even ones as innocent as those indicating pleasure. So it is not easy to find overt written assertions such as “Look at this beautiful molecule X made.” One has to scan the journals for the work of the occasional courageous stylist, listen to the oral discourse of lectures, seminars, the give-and-take of a research group meeting, or look at the peripheral written record of letters of tenure evaluation, eulogies or award nominations. There, where the rhetorical setting seems to demand it, the scientist relaxes. And praises the beautiful molecule. By virtue of not being comfortable in the official literature—in the journal article, the textbook or monograph—aesthetic judgments in chemistry, largely oral, acquire the character of folk literature. To the extent that the modern-day subculture of chemists has not rationally explored the definition of beauty, these informal, subjective evaluations of aesthetic value may be inconsistent, even contradictory. They are subfield (organic chemistry, physical chemistry) dependent, much like the dialects, rituals or costumes of tribal groups. In fact the enterprise of excavating what beauty means in chemistry seems to me to have much of the nature of an anthropological investigation.

scholarly journals Geomorphosite assessment and management in protected areas of Greece Case study of the Lesvos island – coastal geomorphosites

2007 ◽  
Vol 62 (3) ◽  
pp. 169-180 ◽  
Author(s):  
Nickolas C. Zouros
Keyword(s):  
Protected Areas ◽  
National Parks ◽  
Large Scale ◽  
Assessment Method ◽  
Cultural Value ◽  
Aesthetic Value ◽  
Educational Value ◽  
History Museum ◽  
Definition Of ◽  
Petrified Forest

Abstract. This paper presents a methodology for assessment of geomorphosites located in protected areas. The methodological process involves definition of «geomorphological value» of all sites using six criteria: 1) «scientific» and «educational value»; 2) geodiversity, 3) «ecological» and «aesthetic value»; 4) «cultural value»; 5) potential threats and protection needs; and 6) potential for use. The assessment method was implemented in Greece on various geomorphosites at different scales: landscape scale (national parks and monuments) and landform scale (Lesvos Island Geopark). For this purpose, eight representative national parks and natural monuments were classified and assessed using the proposed methodology at a large scale. The same methodology was also used to evaluate 15 distinet geomorphosites found in the coastal zone of the Lesvos Petrified Forest Geopark. Here, geomorphosites of different sizes and categories were selected, classified and assessed. In order to protect the identified geomorphosites and ensure their proper management, the Natural History Museum of the Lesvos Petrified Forest, which is the management structure of the Lesvos Geopark, proposed the development of the Western Lesvos Marine Park. This park is to include the existing coastal visiting parks and a series of geomorphosites and marine fossil Sites.

scholarly journals Morphological Dialectisms in the Work Sanat Digarasttar by Moldo Niyaz

2020 ◽  
Vol 6 (2) ◽  
pp. 334-340
Author(s):  
A. Akynbekova
Keyword(s):  
Written Language ◽  
Point Of View ◽  
Literary Language ◽  
Aesthetic Value ◽  
Language History ◽  
Literature History ◽  
Definition Of ◽  
Xix Century ◽  
Theoretical Foundations ◽  
Language Literature

Moldo Niyaz is a person who has a unique place in the Kyrgyz language, literature, history and culture. He is the ancestor of the development of the form of written literary language in the nineteenth century. His work Sanat Digarasttar is of great importance as one of the priceless documents that makes it possible to reflect on the state of the language, almost in the previous century and a half and on the written monuments of the Kyrgyz language for linguistic science in the middle of the XIX century. Artistic and aesthetic value, dignity, all the beauty of Sanat songs left by the author are reflected in the language features. Therefore, in order to learn the written technologies of the ancient Kyrgyz peoples, it is necessary to study the language features of the works of Moldo Niyaz from different sides. Based on this direction, the article makes a comparative analysis of the grammatical local language features of the language in the work of akyn with the modern Kyrgyz literary language. Scientific works of researchers in this direction,devoted to dialects, such turkologists as K. K. Yudakhin, B. M. Yunusaliev, I. A. Batmanov, T. K. Akhmatov, Zh. Mukambaev, G. Bakinova, E. Abduldaev, K. Beknazarov, Sh. Zhaparov, K. Kyrbashev, A. Biyaliev, Zh. Zhumaliev, T. Sydykov were the scientific and theoretical foundations of our work. Thus, the study and definition of such issues as the emergence of the Kyrgyz literary language, history, development of the language-this is today also one of the main problems. When solving these problems, the issue of research of the works of pischuschih akyns before the October revolution can become the main linguistic base. From this point of view, it is necessary to study from different sides the works of akynovkak Moldo Niyaz, the written language of regional use, especially the XIX–XX centuries before the formation of the Kyrgyz people as a nationality.

Sign in / Sign up

Export Citation Format

Share Document