The Price of Criminal Law Skepticism

2020 ◽  
Vol 23 (1) ◽  
pp. 27-59
Author(s):  
Douglas Husak
Keyword(s):  
Criminal Law ◽  
Social Problems ◽  
Concerted Effort ◽  
Single Argument

A growing trend in philosophical commentary about penal justice is what I loosely call “criminal law skepticism.” The scholarship I have in mind does not simply urge caution or a more judicious use of the criminal law to address social problems. Instead, its thrust is more sweeping and radical; it presents reasons to doubt that the criminal law as presently constituted should continue to exist at all. I make no concerted effort to categorize the several varieties or motivations for this trend; their forms and underlying rationales are diverse and frequently humane. No single argument can refute them all. Instead, I respond by describing the price that might be incurred if these skeptics were to achieve their objective. I list ten valuable functions served by the criminal law as it currently exists, several of which are too seldom appreciated in philosophical commentary. No case for criminal law skepticism is complete unless efforts are made to explain how alternatives to the criminal law can achieve these functions or afford to dispense with them.

scholarly journals Revealing the Dark Veil of Illegal Business

2020 ◽  
Vol 6 (2) ◽  
pp. 117-138
Author(s):  
Maqfira Izzata Nafsiah ◽  
Nindya Putri Edytya ◽  
Masyita Isnadya Risky Salsabila Putri Bagas Tony ◽  
Aulia Vaya Rahmatika
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Social Problems ◽  
External Factors ◽  
Social Phenomena ◽  
Central Java ◽  
The Social ◽  
Internal And External Factors ◽  
Over Time

Prostisusi becomes one of the social problems that continues to develop over time. Various internal and external factors trigger this activity to continue to exist until now. This research examines the business of prostitution as a form of disease in society and social problems. This research tries to reveal the karaoke business under the guise of illegal prostitution business, especially in Central Java. This research uses the approach of Criminal Law, Criminology, and Social Structure. The research method used is qualitative research, where the writer directly looks at existing social phenomena and seeks field facts through observation, interviews, and investigations. This research found that various factors become the background of the existence of the karaoke business under the guise of illegal prostitution in Central Java, ranging from economic and business factors to weak rules and law enforcement. The study also revealed the fact that the karaoke business secretly provided sex or prostitution services, but law enforcement was ineffective. One of the ineffectiveness of law enforcement is the problem of law enforcement apparatuses and bribery resources that occur within the law enforcement environment. In addition, this business also deals directly with business and economic investment holders.

scholarly journals The criminalisation of symbols of the past: expression, law and memory

2014 ◽  
Vol 10 (3) ◽  
pp. 295-314 ◽  
Author(s):  
Agata Fijalkowski
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
The Political ◽  
Concerted Effort ◽  
The Past ◽  
Constitutional Tribunal ◽  
Historical Comparative ◽  
The Baltic ◽  
Political Realities

AbstractThis paper examines the criminalisation of symbols of the past. It considers the 2011 judgment of the Polish Constitutional Tribunal. In this compact and well-ordered decision, the Tribunal, with reference to key European examples, assessed critically the constitutionality of criminal law provisions that prohibit the dissemination and public use of symbols of the past pertaining to fascist, Communist or other totalitarian content. Its ruling, which found amendments to the law in Poland that tightened up restrictions on the use of totalitarian symbols to be unconstitutional, is considered within three important contexts: first, the broad European context, where the concept of totalitarian crimes has become subject to EU human rights legislation relating to the freedom of expression; second, the context of post-dictatorial Europe, where specific states have addressed the use of totalitarian symbols in their respective criminal laws; and finally, the context of transitional justice, where criminalising symbols of the past has become a central and permanent feature in European narratives about justice. Significantly, these cases reveal the temporal element of transitional justice. The paper discusses the two case-studies most relevant to Poland, namely those in Germany and Hungary. Reference is also made to the Baltic States, which, together with Poland, have made a concerted effort to bring the notion of totalitarian crimes and histories to the attention of Europe. The paper concurs with the contention that cases concerning the use of symbols provide an excellent illustration of where memory and law intersect. Using historical, comparative and contextual methodologies the paper demonstrates the legal and philosophical complexities of criminal uses of symbolism, the political realities, and the key dimension of transitional justice and its relationship to expression, law and memory.

scholarly journals INFORMATION ON THE STATUS OF THE PROJECT SOLUTION "CRIMINOLOGICAL AND CRIMINAL LAW OPTIONS TO RESOLVE DOMESTIC VIOLENCE"

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Peter Polák ◽  
Marcela Tittlová
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Human Dignity ◽  
Social Problems ◽  
Actual Rate ◽  
Civil Proceedings ◽  
The Status ◽  
The Right

Annotation Domestic violence is one of the recent and severe social problems. His legal solution consistently fails to absence of relevant legislation which would clearly and precisely the what it is ,, domestic violence ", what forms of action can be subsumed under the term and what not, which shows signs of domestic violence and how it can be addressed resp. sanction. In doing so, in cases where there is serious offenses against life, health or human dignity that are at the same time nature of domestic violence steadily increasing. With this in mind, it is a strong taboo issue, the actual rate of incidence of domestic violence in a society is only possible to argue. Clearly, though, we can say that this is a problem that occurs frequently, although not relevatne underpinned by having the right solutions. Appropriate legislation which would provide the necessary protection to victims of domestic violence guarantee their rights in criminal or civil proceedings and ultimately changed the very.

SEX TOURISM - AN INTERNATIONAL CRIMINAL LAW AND SOCIAL PROBLEM

2018 ◽  
Vol 7 (1) ◽  
pp. 88-99
Author(s):  
Sylwia Gwoździewicz ◽  
Dominika Koryluk
Keyword(s):  
Criminal Law ◽  
Social Problem ◽  
Social Problems ◽  
International Criminal ◽  
Scientific Research ◽  
International Criminal Law ◽  
Sex Tourism ◽  
Legal Literature

The aim of the article is to present the phenomenon of sex tourism as an international criminal law and social problem - in the aspect of social and forensic issues, in reference to current measures of criminal law protection. The authors analyzed the theoretical aspects of sex tourism and described the phenomenon by detailing criminal and social problems. The aim of the study was to analyze legal literature, social and forensic problems related to sex tourism and to analyze the directions of scientific research.

The Expanding Boundaries of Crime Control: Governing Security through Regulation

2018 ◽  
Vol 679 (1) ◽  
pp. 36-54 ◽  
Author(s):  
Anna Gurinskaya ◽  
Mahesh k. Nalla
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Social Problems ◽  
Crime Control ◽  
Narrow Focus

The governance of crime and security has undergone major transformations in recent decades. Several important shifts in the rationale and logic of crime control have led to a growth in regulatory practices and an expansion of regulatory provisions. As a result, the scope of actors who regulate behaviors have widened as have the types of tools to facilitate the governance of crime and security also expanded. We argue that the expansion of the boundaries of crime control is facilitated through a wide variety of criminal justice and non-criminal-justice regulatory tools to tackle both social problems and crime. We suggest that the time has come for criminologists to look beyond criminology’s traditional narrow focus on criminal law and the criminal justice apparatus utilized for crime control and engage in the broader discourse of regulation and governance of crime and security.

scholarly journals Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013-A Critical Analysis

2013 ◽  
Vol 1 (2) ◽  
pp. 44
Author(s):  
R C Borpatragohain
Keyword(s):  
Violence Against Women ◽  
Criminal Law ◽  
Critical Analysis ◽  
Attitudinal Change ◽  
Concerted Effort ◽  
Sexual Offences ◽  
Legal Perspective ◽  
Prevention Act ◽  
The Right ◽  
Indian Penal Code

This viewpoint aims to analyse the Criminal Law Amendment Act 2013 from a legal perspective. In doing so, it discusses the statutory safeguards of rights to a dignified life of a woman by analysing the various existing laws, which have been significantly amended to build the Criminal Act, 2013. These laws are: Indian Penal Code (IPC) 1860; Indian Evidence Act 1872, Code of Criminal Procedure as amended in 1973, Immoral Trafficking Prevention Act 1956, Information Technology Act 2000, The Juvenile Justice (Care and Protection of Children) Act 2000, The Protection of Women from Domestic Violence Act 2005, The Protection of Children from Sexual Offences Act, 2012, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. In the conclusion, I urge that although efficient laws are in operation in India towards protecting the right to live with dignity of women, however, incidents of violence against women are on the rise. Hence, a concerted effort in bringing appropriate attitudinal change is the task ahead for all Indians.

scholarly journals Tindak Pidana Penggelapan Dalam Jabatan Dilakukan Oleh Sales Executive Hotel The Hill Sibolangit Medan (Studi Kasus Putusan Nomor : 1170/Pid.B/2016/PN. Mdn)

2020 ◽  
Vol 2 (1) ◽  
pp. 24-32
Author(s):  
Edianto Sihaloho ◽  
Ridho Mubarak ◽  
Riswan Munthe
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Social Problems ◽  
Criminal Code ◽  
Criminal Sanction ◽  
The Hill ◽  
Enforcement Policies

The use of criminal law efforts as an effort to overcome social problems, including in the field of law enforcement policies to achieve the welfare of society in general. These developments have greatly influenced various parties / persons to carry out various ways in fulfilling their wishes, one of which is the embezzlement of the position stipulated in Article 374 of the Criminal Code. This study aims to determine the forms of embezzlement in the criminal law. The method used in this research is normative juridical and conducting direct interviews with the Judges involved in the decision based on the decision number: 1170 / Pid.B / 2016 / PN. MDN. The result of the research is that this form of embezzlement takes place in a position, that is, misusing an existing position Factors that cause embezzlement based on data obtained in general is the decline in employee mentality is one of the factors that cause embezzlement. The application of the criminal sanction of embezzlement in a position must first be seen from its elements. Where the penalty that can be imposed is contained in Article 374 of the Criminal Code.

scholarly journals Kajian Kriminologi dan Hukum Pidana terhadap Perilaku Vigilantisme pada Masyarakat

Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 89
Author(s):  
Beridiansyah Beridiansyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Social Problems ◽  
Negative Influence ◽  
Presumption Of Innocence ◽  
Law Enforcement Agencies ◽  
Construction Companies ◽  
Wide Range ◽  
The Will ◽  
The Law

The ongoing construction companies currently carry a wide range of impacts both positive or negative influence, these effects also impacted the habits on society in addressing any social problems that happen to be settled quickly and instantly, so the imposition of the will is not uncommon accompanied by acts of violence in the form of vigilantism and perform other unlawful acts by ignoring the presumption of innocence that we have adopted in the law enforcement system in our country. The purpose of writing this journal to find the cause of vigilantism on society. To know more about this then vigilantism in question is what is meant by vigilantism and crime and how the approach of criminology and criminal law against vigilantism. Act of vigilantism is a form of public disappointment against careless law enforcement agencies in addressing the problems faced by the community

Feminism and Its (DIS)contents: Criminalizing Wartime Rape in Bosnia and Herzegovina

2005 ◽  
Vol 99 (4) ◽  
pp. 778-816 ◽  
Author(s):  
Karen Engle
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Legal Argumentation ◽  
Concerted Effort

Today many feminists seem relatively content with the treatment of rape and other sexual violence against women under international criminal law. In the context of the conflict in Bosnia and Herzegovina in the early 1990s, feminist activists made a concerted effort to affect the statute establishing the International Criminal Tribunal for the Former Yugoslavia (ICTY), the rules of evidence under which rape and other crimes of sexual violence would be prosecuted, the form the indictments of crimes of sexual violence would take, and the strategies and legal argumentation made at both the trial and the appellate levels. For the most part, much to the surprise of many feminists themselves, they have been successful. As Joanne Barkan comments: “From the start, most observers considered the [ICTY] a sop to human rights and feminist activists who wanted intervention.... Almost no one expected it to succeed. And yet to some extent, at least for women, it did.”

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