scholarly journals How to build substantive judicial-psychological examination

2017 ◽  
Vol 7 (1) ◽  
pp. 220-249 ◽  
Author(s):  
F.S. Safuanov
Keyword(s):  
Expert Knowledge ◽  
Scientific Psychology ◽  
Legal Rules ◽  
Psychological Examination ◽  
History Of ◽  
Special Knowledge ◽  
The Subject ◽  
Psychological Knowledge ◽  
Definition Of ◽  
Psychological Expertise

The methodology of the subject types of forensic examinations with the application of psychological knowledge is analyzed. The history of the formation of subject types of forensic psychological examination and a comprehensive forensic psychological and psychiatric examination is considered. Shows their transformation and expansion under the influence of changes of domestic legislation. Based on the definition of the research subject of a legal expert- psychologist, concluded that the first step of building the subject of a separate judicial review should be the analysis of its legal significance. Discussed options for legal consequences and the role of expert opinion in in making judicial decisions. The second step is expertelligence analysis. It is the allocation of the psychological characteristics of legal rules (legal criteria). The third stage of psychological analysis consists in the correlation of concepts with expert knowledge in scientific psychology. The need of adaptation and transformation of scientific psychological knowledge (as basic science) in forensic psychological expertise (special knowledge of the expert) are shown. Discusses ways of formation of special knowledge of the expert-psychologist and the limits of its competence.

scholarly journals THEORETICAL ASPECTS OF FORENSIS-PSYCHOLOGICAL EXAMINATION OF TYPOLOGICAL FEATURES OF PERSONALITY

2019 ◽  
Vol 20 (2) ◽  
pp. 505-521
Author(s):  
O. Slipets
Keyword(s):  
Psychological Study ◽  
Psychological Examination ◽  
History Of ◽  
The Subject ◽  
Basic Concepts ◽  
The Creation ◽  
Psychological Knowledge ◽  
Definition Of ◽  
Administrative Proceedings

Over more than a hundred years of history of the application of psychological knowledge to resolve issues of law remains a controversial series of theoretical provisions of forensic psychological examination. This is also true for the psychological examination of individual psychological (typological) features of the person. The purpose of the article is to formulate theoretical provisions of forensic psychological examination of typological features of a person, main concepts. Based on the definition of the object and subject of forensic psychological examination, the concept of object and subject of psychological examination of typological features of a person is formulated. On the basis of an analysis of the legal significance of the psychological study of a person of a suspect (accused) in criminal and administrative proceedings, the legal significance and tasks of forensic psychological examination of typological peculiarities are formulated. Proceeding from the subject of psychology, the legal significance of psychological facts for establishing legal criteria, the standardized requirements for qualification and the behavior of an expert, it is proposed to clarify the limits of competence of an expert psychologist. A means of applying the notion-limiter to general psychological categories, the definition of the basic concepts of forensic psychological examination typological features of the person. The theoretical provisions of the forensic psychological examination of psychological peculiarities of a person are formulated: object, subject, legal significance, tasks, limits of competence, thesaurus, is an element of the system of theoretical and methodical foundations of forensic psychological examination and the basis for the creation of a method of forensic psychological examination of typological features of a person .

THEORETICAL AND METHODOLOGICAL BASES OF PSYCHOLOGICAL EXAMINATION IN CASES RELATED TO THE INVESTIGATION OF EMERGENCY SITUATIONS

2020 ◽  
pp. 654-660
Author(s):  
N. Arefina
Keyword(s):  
Human Factor ◽  
External Factors ◽  
Emergency Situations ◽  
Human Control ◽  
Current State ◽  
Psychological Examination ◽  
Special Knowledge ◽  
The Subject ◽  
Psychological Knowledge ◽  
The Right

The article analyzes the current state of the practice of investigating incidents related to the implementation by a person of control of complex automated mechanisms. Attention is focused on the insufficient use by the judicial and investigative authorities of special psychological knowledge and relevant developments in the investigation of such cases. Based on the analysis of special psychological literature, as well as the experience of applying special knowledge in the field of examination, the psychological aspects that make up the human factor are outlined. The subject of psychological examination in cases of investigation of incidents related to the implementation of human control of complex automated mechanisms is disclosed. The nuances of the functioning of mental processes, properties and states of a person are noted, which can influence his ability, under extreme circumstances, to correctly assess the situation (or its individual elements), make the right decision and implement it. Along with this, external factors are noted that can have a significant impact on a person’s ability to make the right decision and implement it.

Light and Sensitivity: Love in the Time of the Daguerreotype

2015 ◽  
Author(s):  
Katarzyna Czeczot
Keyword(s):  
Male Gaze ◽  
History Of Photography ◽  
Sensitive Material ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of ◽  
Point Of Departure ◽  
Passive Object

The article deals with the love of Zygmunt Krasiński to Delfina Potocka. The point of departure is the poet's definition of love as looking and reads Krasiński's relationship with his beloved in the context of two phenomena that fascinated him at the time: daguerreotype and magnetism. The invention of the daguerreotype in which the history of photography and spiritism comes together becomes a pretext for the formulation of a new concept of love and the loving subject. In the era of painting the woman was treated as a passive object of the male gaze; photography reverses this scheme of power. Love ceases to be a static relationship of the subject in love and the passive object – the beloved. The philosophy of developing photographs (and invoking phantoms) allows Krasiński - the writing subject to become like a light-sensitive material that reveals the image of the beloved.

„Zurück zu Schleiermacher! und von Schleiermacher aus vorwärts!“

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Brent A. R. Hege
Keyword(s):  
Twentieth Century ◽  
World War I ◽  
The State ◽  
World War ◽  
Psychological Method ◽  
Dialectical Theology ◽  
Complex Picture ◽  
History Of ◽  
The Subject ◽  
Definition Of

AbstractAs dialectical theology rose to prominence in the years following World War I, the new theologians sought to distance themselves from liberalism in a number of ways, an important one being a rejection of Schleiermacher’s methods and conclusions. In reading the history of Weimar-era theology as it has been written in the twentieth century one would be forgiven for assuming that Schleiermacher found no defenders during this time, as liberal theology quietly faded into the twilight. However, a closer examination of this period reveals a different story. The last generation of liberal theologians consistently appealed to Schleiermacher for support and inspiration, perhaps none more so than Georg Wobbermin, whom B. A. Gerrish has called a “captain of the liberal rearguard.” Wobbermin sought to construct a religio-psychological method on the basis of Schleiermacher’s definition of religion and on his “Copernican turn” toward the subject and resolutely defended such a method against the new dialectical theology long after liberal theology’s supposed demise. A consideration of Wobbermin’s appeals to Schleiermacher in his defense of the liberal program reveals a more complex picture of the state of theology in the Weimar period and of Schleiermacher’s legacy in German Protestant thought.

Shariah

2021 ◽  
pp. 17-25
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Islamic Law ◽  
Moral Values ◽  
Daily Lives ◽  
Legal Rules ◽  
Concise Review ◽  
Broad Concept ◽  
History Of ◽  
Definition Of ◽  
The Way

In addition to a concise review of the meaning and definition of shariah, the chapter introduces the sources of shariah, including the two main types of revealed and rational sources and their subdivisions. The history of shariah (“the way to the watering place,” or “the path to correct guidance, salvation, and relief”) is occupied with scholastic developments and the embodiment of what became known as fiqh, which consists mainly of the practical rules of Islamic law that regulate the daily lives of Muslims. Shariah is a broad concept that is not confined to legal rules but comprises the totality of guidance that God Most High has revealed to humankind, pertaining to the dogma of Islam, its moral values, and its practical legal rules.

What is Religion?

2014 ◽  
Vol 26 (3) ◽  
pp. 246-286 ◽  
Author(s):  
Michael Bergunder
Keyword(s):  
Political Theory ◽  
Subject Matter ◽  
Judith Butler ◽  
Religious Studies ◽  
Global Perspective ◽  
Common Definition ◽  
Historical Reconstructions ◽  
History Of ◽  
The Subject ◽  
Definition Of

Religious studies cannot agree on a common definition of its subject matter. To break the impasse, important insights from recent discussions about post-foundational political theory might be of some help. However, they can only be of benefit in conversations about “religion” when the previous debate on the subject matter of religious studies is framed slightly differently. This is done in the first part of the article. It is, then, shown on closer inspection of past discussions on “religion” that a consensus-capable, contemporary, everyday understanding of “religion,” here called Religion 2, is assumed, though it remains unexplained and unreflected upon. The second part of the article shows how Religion 2 can be newly conceptualized through the lens of Ernesto Laclau’s political theory, combined with concepts from Judith Butler and Michel Foucault, and how Religion 2 can be established as the historical subject matter of religious studies. Though concrete historical reconstructions of Religion 2 always remain contested, I argue that this does not prevent it from being generally accepted as the subject matter of religious studies. The third part discusses the previous findings in the light of postcolonial concerns about potential Eurocentrism in the concept of “religion.” It is argued that Religion 2 has to be understood in a fully global perspective, and, as a consequence, more research on the global religious history of the 19th and 20th centuries is urgently needed.

scholarly journals Criminal procedure principles in defendant hearing

2020 ◽  
Vol 10 (2) ◽  
pp. 68-81
Author(s):  
Željko Mirkov
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Crucial Issue ◽  
Legal Rules ◽  
Party Control ◽  
Criminal Procedure Law ◽  
Uniform Definition ◽  
The Subject ◽  
Definition Of ◽  
Principle Of Legality

Although there is no uniform definition of procedural principles in criminal procedure theory, they can be defined as legal rules or guidelines on which the criminal proceedings are based. As such, the principles of criminal procedure law apply to procedural entities and procedural actions. Evidentiary actions, as a type of procedural action, clarify the criminal case that is the subject of the criminal proceedings. The Criminal Procedure Code stipulates several evidentiary actions, one of which is the preliminary hearing of the defendant. The defendant hearing, in which the defendant gives their testimony, is given a great deal of attention because it represents one of the most important pieces of evidence, and the course of evidence presentation is the most significant and crucial issue of the criminal proceedings. Therefore, the paper will present a review of the criminal procedure principles related to this evidentiary action, starting from the principle of legality as the main principle, followed by the principles of orality, publicity, immediacy and adversity (party control of facts and means of proof).

scholarly journals THEORETICAL BASES OF EXPERT PREVENTION: CONCEPT AND TASKS

2019 ◽  
Vol 20 (2) ◽  
pp. 151-162
Author(s):  
N. Filipenko ◽  
O. Uhrovetskyi ◽  
O. Sharapova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Important Place ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Conceptual Foundations ◽  
The Relationship

The article analyzes conceptual foundations, views and ideas concerning the essence of expert prevention. The relationship between the concepts of «prevention» and «prevention», which is in contact with each other, is investigated, because one of the main problems of the criminal investigation of the phenomenon of expert prevention is the ambiguity of both scientific understanding and the practical application of the corresponding conceptual-categorical apparatus. It is emphasized that the essence of expert prevention is the influence of the relevant subjects on crime through the use of special professional knowledge. That is, to the subject of forensic examination, should include studies of circumstances on the basis of which can be and should be developed scientific, organizational and technical measures of preventive nature. Proven that among the tasks of preventive nature, which can be solved by the staff of judicial-expert institutions, the development of aimed at forecasting in criminalistic aspects of circumstances contributing to the commission of crimes, taking into account the possibilities of certain types of expert research, should occupy an important place. It is proved that the preventive activities of forensic institutions of Ukraine should be carried out: in the production of examinations in specific criminal, administrative or civil cases; by summarizing expert, as well as forensic investigative practices; in the process of research on expert prevention; by providing on the basis of special knowledge of scientific and practical assistance to government agencies and public organizations in identifying circumstances conducive to the commission of crimes. In order to improve the quality of expert-preventive activities, the staff of the forensic institutions of Ukraine should pay maximum attention to the promotion of preventive activities among representatives of law enforcement and law enforcement agencies. On the basis of the analysis, the author’s definition of expert prevention is given: the activity of a forensic expert based on the laws and by-laws of normative legal acts, aimed at revealing the circumstances contributing to the commission of a crime, and the development of measures for their elimination with the use of special knowledge.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

THE SUBJECT AND TASKS OF FORENSIC AUTOTECHNICAL EXAMINATION

2017 ◽  
Vol 17 ◽  
pp. 198-204
Author(s):  
A. V. Lubentsov
Keyword(s):  
Traffic Safety ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Important Place ◽  
Forensic Examination ◽  
Special Knowledge ◽  
The Subject ◽  
Mutual Relations ◽  
Definition Of ◽  
The Given

Problems of appointing and conducting forensic examination and using their results in the process of criminal offences investigation occupy an important place in the criminal proceedings and expert activities. A separate category among all these problems is perfection of theoretical basis offorensic examination, namely the definition of a subject and tasks offorensic examination in general and its separate types in particular. One of these is the forensic autotechnical examination, as one of the main expertise scheduled when investigating crimes against traffic safety and transport operation. In the practical aspect in the subject of forensic examination we distinguish procedural and gnoseological sides. The procedural side ofa subject of forensic examination is expressed in a circle of circumstances, which are established by means of special knowledge and are the elements of proofs system. The gnoseological side of a subject of forensic examination is expressed in that the object of cognition at practical expert research are properties of expertise object, its sides and mutual relations which are defined during the given research. On the basis of scientific literature and normative-legal acts analysis the subject and tasks of forensic examination are investigated. A subject and tasks of forensic autotechnical expertise are defined. It’s noticed that in the practical aspect the subject of a forensic examination is considered in wide and narrow senses, as a kind (type) subject of autotechnical examination in general, and a subject of a concrete autotechnical examination in concrete criminal proceedings. It’s specified that depending on it the autotechnical examination tasks are divided on general and concrete. It’s proved that the subject and tasks of a concrete autotechnical examination may coincide on volume with the general or to be them yet however they should not be beyond the general.

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