THE SCIENCE OF JUDICIAL PSYCHOLOGY

2019 ◽  
Vol 12 (2) ◽  
pp. 78-87
Author(s):  
Petru TĂRCHILĂ
Keyword(s):  
Criminal Behavior ◽  
Cultural Context ◽  
Scientific Explanation ◽  
Preventive Measures ◽  
Psychosocial Characteristics ◽  
Legal Norms ◽  
Behavioral Profile ◽  
The Individual ◽  
Determining Factor ◽  
Determinant Factor

Judicial psychology is the science that analyzes and tries to understand the criminal phenomenon in general and its determinant factor in particular, by the complexity of factors that generate it and by the diversity of its forms of manifestation. Although the determining factor of criminal behavior is always subjective being generated by the psychic of the offender, this aspect must be correlated with the context in which it manifests itself: social, economic, cultural context etc. Judicial psychology investigates the behavior of the individual in all its aspects, seeking a scientific explanation of the mechanisms and factors enhancing criminal favors, thus enabling the identification of the preventive measures to be taken to reduce the categories of offenses. It studies the psycho-behavioral profile of the offender, identifying the causes that determined its behavior in order to take preventive measures.The domain of judicial psychology is mainly deviance, conduct that departs from the moral or legal norms that are dominant in a given culture. The object of judicial psychology is the criminal act, correlated with the psychosocial characteristics of the participants in the judicial action (offender, victim, witness, investigator, magistrate, lawyer, civil party, educator, etc.). The science of judicial psychology also analyzes how these characteristics appear and manifest themselves in concrete and special conditions of their interaction in three phases of the criminal act: the pre-criminal phase, the actual criminal phase and the post-criminal phase.

scholarly journals THE SCIENCE OF JUDICIAL PSYCHOLOGY

2018 ◽  
Vol 12 (2) ◽  
pp. 92-101
Author(s):  
Petru TĂRCHILĂ
Keyword(s):  
Criminal Behavior ◽  
Cultural Context ◽  
Scientific Explanation ◽  
Preventive Measures ◽  
Psychosocial Characteristics ◽  
Legal Norms ◽  
Behavioral Profile ◽  
The Individual ◽  
Determining Factor ◽  
Determinant Factor

Judicial psychology is the science that analyzes and tries to understand the criminal phenomenon in general and its determinant factor in particular, by the complexity of factors that generate it and by the diversity of its forms of manifestation. Although the determining factor of criminal behavior is always subjective being generated by the psychic of the offender, this aspect must be correlated with the context in which it manifests itself: social, economic, cultural context etc. Judicial psychology investigates the behavior of the individual in all its aspects, seeking a scientific explanation of the mechanisms and factors enhancing criminal favors, thus enabling the identification of the preventive measures to be taken to reduce the categories of offenses. It studies the psycho-behavioral profile of the offender, identifying the causes that determined its behavior in order to take preventive measures.The domain of judicial psychology is mainly deviance, conduct that departs from the moral or legal norms that are dominant in a given culture. The object of judicial psychology is the criminal act, correlated with the psychosocial characteristics of the participants in the judicial action (offender, victim, witness, investigator, magistrate, lawyer, civil party, educator, etc.). The science of judicial psychology also analyzes how these characteristics appear and manifest themselves in concrete and special conditions of their interaction in three phases of the criminal act: the pre-criminal phase, the actual criminal phase and the post-criminal phase.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

scholarly journals Afro-Communitarianism and the Role of Traditional African Healers in the COVID-19 Pandemic

2021 ◽  
Author(s):  
Luís Cordeiro-Rodrigues ◽  
Thaddeus Metz
Keyword(s):  
Cultural Capital ◽  
Cultural Context ◽  
Preventive Measures ◽  
Healthcare Systems ◽  
Traditional Healers ◽  
Local Communities ◽  
Special Role ◽  
Ethical Perspective ◽  
The Face

Abstract The COVID-19 pandemic has brought significant challenges to healthcare systems worldwide, and in Africa, given the lack of resources, they are likely to be even more acute. The usefulness of Traditional African Healers in helping to mitigate the effects of pandemic has been neglected. We argue from an ethical perspective that these healers can and should have an important role in informing and guiding local communities in Africa on how to prevent the spread of COVID-19. Particularly, we argue not only that much of the philosophy underlying Traditional African Medicine is adequate and compatible with preventive measures for COVID-19, but also that Traditional African Healers have some unique cultural capital for influencing and enforcing such preventive measures. The paper therefore suggests that not only given the cultural context of Africa where Traditional African Healers have a special role, but also because of the normative strength of the Afro-communitarian philosophy that informs it, there are good ethical reasons to endorse policies that involve Traditional Healers in the fight against COVID-19. We also maintain that concerns about Traditional African Healers objectionably violating patient confidentiality or being paternalistic are much weaker in the face of COVID-19.

scholarly journals Discoloration of Historical Plastic Objects: New Insight into the Degradation of β-Naphthol Pigment Lakes

Polymers ◽  
2021 ◽  
Vol 13 (14) ◽  
pp. 2278
Author(s):  
Anna Micheluz ◽  
Eva Mariasole Angelin ◽  
João Almeida Lopes ◽  
Maria João Melo ◽  
Marisa Pamplona
Keyword(s):  
Light Exposure ◽  
Molecular Structures ◽  
Conservation Science ◽  
Organic Pigment ◽  
Organic Pigments ◽  
Before And After ◽  
The Individual ◽  
Determining Factor ◽  
Insight Into ◽  
Historical Samples

Light is a determining factor in the discoloration of plastics, and photodegradation processes can affect the molecular structures of both the polymer and colorants. Limited studies focused on the discoloration of heritage plastics in conservation science. This work investigated the discoloration of red historical polyethylene (PE) objects colored with PR 48:2 and PR 53:1. High-density and low-density PE reference polymers, neat pigment powders, and historical samples were assessed before and after accelerated photoaging. The applied methodology provided insight into the individual light-susceptibility of polyethylenes, organic pigment lakes, and their combined effect in the photoaging of historical plastic formulations. After light exposure, both PE references and historical samples yellowed, PR53:1 faded, and PR 48:2 darkened; however, both organic pigments faded severely in the historical samples. This highlights the role played by the plastic binder likely facilitating the pigment photofading. Fourier transform infrared spectroscopy and mass spectrometry techniques—EGA-MS, PY-GC/MS, and TD-GC/MS—were successfully employed for characterizing the plastic formulations and degradation. The identification of phthalic compounds in both aged β-naphthol powders opens new venues for studies on their degradation. This work’s approach and analytical methods in studying the discoloration of historical plastics are novel, proving their efficacy, reliability, and potentiality.

Bachelorhood and Sexuality in a Context of Female Shortage: Evidence from a Survey in Rural Anhui, China

2013 ◽  
Vol 215 ◽  
pp. 703-726 ◽  
Author(s):  
Isabelle Attané ◽  
Zhang Qunlin ◽  
Li Shuzhuo ◽  
Yang Xueyan ◽  
Christophe Z. Guilmoto
Keyword(s):  
Cultural Context ◽  
Family Formation ◽  
Rural Society ◽  
General Situation ◽  
Rural County ◽  
Chinese Men ◽  
Married Men ◽  
Exploratory Survey ◽  
The Individual ◽  
Near Future

AbstractTraditionally, marriage is a near universality in China. However, in the coming decades, owing to the growing sex imbalance, millions of men will be unable to marry. As a consequence, bachelorhood is becoming a new demographic concern, particularly affecting men from the most disadvantaged socio-economic groups. In China's cultural context today, heterosexual marriage remains a prerequisite for family formation and, in rural society particularly, the legitimate setting for sexual activity. Under such circumstances, bachelorhood is likely to produce privations on various fronts, the consequences of which for both the individual and the community are still largely unknown. This article focuses on the opinions and sexual behaviour of bachelors, and highlights significant variations from those of married men. It is based on the findings of an exploratory survey conducted in 2008 in selected villages in a rural county in Anhui province, referred to here as JC county. The survey provides insights into the more general situation of rural men unable to marry in a context of female shortage, and indicates the conditions a growing number of Chinese men will face in the near future.

Social trust, norms and morality

Human Affairs ◽  
2013 ◽  
Vol 23 (3) ◽  
Author(s):  
Miroslav Popper
Keyword(s):  
Social Capital ◽  
Political Institutions ◽  
Social Trust ◽  
Local Level ◽  
Dynamic Change ◽  
Short Term ◽  
Legal Norms ◽  
Increased Sensitivity ◽  
The Individual

AbstractThe article approaches the topic of social trust from an evolutionary perspective. It begins by summarising the most influential approaches that have defined specific and social trust and ascertains what causes differences in degrees of trust and how the potential risk of deception might be lowered. It then notes that the basis of morality had already been formed during the era of prehistoric man, who was able to create coalitions against aggressors and to socially control the behaviour of deviants. It points out, however, that having a certain predisposition to behaving cooperatively or an increased sensitivity to recognising and not tolerating behaviour aimed at abusing cooperation is not a sufficient guarantee of the fact that people will always (or at least in the majority of situations) favour cooperation over deception. One of the reasons for this is a tendency to favour short-term gains over long-term ones. The article argues that establishing norms (moral, social and legal) produces a higher level of social trust because it not only “encourages” individuals to behave in certain ways in particular situations but also works as a sanction which “discourages” the individual from socially deviant behaviour. The article then focuses on a debate about the causal relationship between social trust and social capital. It discusses the suggestion that political institutions, government and the judiciary may reduce rather than raise levels of social capital and consequently also the level of social trust. This is partly because of their powerful position and the consequent scope for corruption and partly because of the fact that even when attempting to act honestly, representatives of these institutions cannot sufficiently reflect upon dynamic change at the local level. Finally, the article ends by adopting the position that social trust is built primarily from bottom up and so it is risky to continually doubt the very existence and usefulness of social norms and morality and to be governed simply by legal norms.

The pragmatics of humor reception: Young people's responses to a newspaper cartoon

2011 ◽  
Vol 24 (1) ◽  
Author(s):  
Elisabeth El Refaie
Keyword(s):  
Cultural Context ◽  
Background Knowledge ◽  
Gay Marriage ◽  
Daily Mail ◽  
Humor Appreciation ◽  
The Subject ◽  
Sense Of Identity ◽  
The Individual

AbstractThis paper uses the example of 25 young people's responses to a Daily Mail cartoon on the subject of gay marriage in order to explore the pragmatics of humor reception. The results indicate that the enjoyment of a multimodal joke depends to a large extent on the background knowledge, values and attitudes of the individual. If, for instance, a cartoon is too threatening to someone's core sense of identity, it is likely to create anger and alienation rather than amusement. Humor appreciation is also shown to depend on the broader socio-cultural context in which the cartoon is encountered.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

The Junius Psalter gloss: its historical and cultural context

2000 ◽  
Vol 29 ◽  
pp. 85-121 ◽  
Author(s):  
Mechthild Gretsch
Keyword(s):  
Old English ◽  
Cultural Context ◽  
Bodleian Library ◽  
Latin Text ◽  
Anglo Saxon ◽  
Christian Church ◽  
Benedictine Reform ◽  
The Individual

Oxford, Bodleian Library, Junius 27 (S.C. 5139), the Junius Psalter, was written, Latin text and Old English gloss, probably at Winchester and presumably during the reign of King Edward the Elder. Junius 27 is one of the twenty-nine complete or almost complete psalters written or owned in Anglo-Saxon England which have survived. (In addition to these twenty-nine complete psalters, eight minor fragments of further psalters are still extant.) This substantial number of surviving manuscripts and fragments is explained by the paramount importance of the psalms in the liturgy of the Christian church, both in mass and especially in Office. Junius 27 is also one of the ten psalters from Anglo-Saxon England bearing an interlinear Old English gloss to the entire psalter. (In addition there are two psalters with a substantial amount of glossing in Old English, though not full interlinear versions.) Since our concern in the first part of this article will be with the nature of the Old English glossing in the Junius Psalter, and its relationship to other glossed psalters, it is appropriate at the outset to provide a list of the psalters in question. At the beginning of each of the following items I give the siglum and the name by which the individual psalters are traditionally referred to by psalter scholars. An asterisk indicates that the Latin text is a Psalterium Romanum (the version in almost universal use in England before the Benedictine reform); unmarked manuscripts contain the Psalterium Gallicanum. For full descriptions of the manuscripts, see N. R. Ker, Catalogue of Manuscripts Containing Anglo-Saxon.

scholarly journals Educational and work resources and orientations of young people in Serbia in the period of unblocked postsocialist transformation

Sociologija ◽  
2016 ◽  
Vol 58 (suppl. 1) ◽  
pp. 245-258 ◽  
Author(s):  
Dusan Mojic
Keyword(s):  
Young People ◽  
Theoretical Approach ◽  
Cultural Context ◽  
Family Resources ◽  
Transitional Regime ◽  
Work Transitions ◽  
System Resources ◽  
The Individual

Educational and work resources as well as orientations have been analyzed in the paper in the wider context of education-to-work transitions of young people in Serbia during the period of unblocked postsocialist transformation. By using the theoretical approach of social biographies and results of the research on transitional regimes the intention has been to point to social and cultural context and their influence on youth resources and orientations in creation of education-to-work social biographies. Hypothesis about the existence of elements of sub-protective and postsocialist transitional regime has been confirmed, since the results showed that the scarcity of system resources and possession of family resources to a large extent shape the individual pathways of young people in education-to-work sphere.

Sign in / Sign up

Export Citation Format

Share Document