scholarly journals Sprawiedliwość w sędziowskim wymiarze kary

2017 ◽  
Vol 43 ◽  
pp. 279-325 ◽  
Author(s):  
Jadwiga Królikowska ◽  
Jarosław Utrat-Milecki
Keyword(s):  
Criminal Law ◽  
Social Process ◽  
Theoretical Background ◽  
Point Of View ◽  
Ethical Question ◽  
Legal Institution ◽  
General Outline ◽  
Protective Function ◽  
Main Research ◽  
Legal Studies

Punishment and justice in the judge’s sentencing decisionsThe article starts with the general presentation of the sociological perspective on the question of justice in the motives of a criminal judge’s sentencing decisions. The question of justice is also analysed in relation to the legitimation of the criminal law and the various theories of punishment, retributive, consequentialist, and mixed. Punishment is analysed as a social and legal institution and as a social process in its various organisational forms. The rationalisation of punishment as a social and legal institution is analysed in relation to the question of human rights, and the question of its effectiveness in social control as a tool in the protective function of the criminal law. The problem of justice is also analysed from a subjective point of view as a question of the just judge. It is not only analysed here as an ethical question, but also as a problem of the methodology of the work of the judge, and a question of organisation of the sentencing process. The article presents the results of research sociological reports concerning the question of the motives of judges’ sentencing in the criminal courts. The article presents the basics of the methodology and results of research in that respect which was carried out in the 1930s B.Wróblewski, W. Świda, 60s and 70s T. Kaczmarek, W. Świda, and the 1980s T. Kaczmarek, J. Giezek and the team, and the latest research carried out by the authors in 2012–2015 J. Królikowska, J. Utrat-Milecki. The authors explain here the general outline of the method of culturally integrated social and legal studies, which they used in their sociological and anthropological research on the criminal justice offi cers judges, prosecutors and probation officers, and which is also the theoretical background of the present article. Finally, the authors present the broader culturally integrated definition of punishment, so as to help to identify the main research questions in socio-legal studies of punishment considered both as a socio-legal institution and a social and legal process which can be identified in different organisational forms.

scholarly journals Domestic violence

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 37-44
Author(s):  
Jasmina Kiurski
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Institution ◽  
Legal Systems ◽  
Criminal Offence ◽  
Protective Function ◽  
Recent Reform ◽  
Definition Of

In this article author examines a definition of a family, the role of a family as a social and legal institution as well as state reaction in a situation of mal function of a family. Special attention is given to a definition of a family, its protective function and criminal law in modern legal systems. Author also analyzes recent reform of our legislation firstly new criminal offence (Article 118a of the Criminal Code of Republic of Serbia) - Domestic Violence - and its relation to other similar criminal offences. Finally, author gives an overview of up-to-now practice from District and Municipal Prosecutors Offices in Belgrade and suggestions for solving observed problems in implementation of this criminal offence.

Conflicting Duties in Criminal Law

2019 ◽  
Vol 22 (1) ◽  
pp. 34-72
Author(s):  
Ivó Coca-Vila
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Critical Review ◽  
Point Of View ◽  
The Other ◽  
Legal Institution ◽  
Anglo American ◽  
Formal Point

Despite the great interest aroused among Anglo-American criminal law scholars by the justification of necessity, the conflict of duties as a separate defense sui generis has gone largely unnoticed until now. The aim of this paper is to fill the gap by providing a critical review of the concept and foundation for a conflict of duties as defense in the continental criminal law. Regarding the former, this legal institution is defined as a conflict between grounds of obligation that cannot be cumulatively fulfilled. Their deontic nature (prohibited or required) is thus irrelevant. With regard to the second issue, the argument is made that the solution of the collision involves a judgment set out to hierarchically arrange the colliding reasons from a formal point of view that is respectful with the principles of autonomy and solidarity. Therefore, the obligor must only fulfill the strongest ground of obligation—the only duty that can be legitimized in the particular situation—or, when before a conflict between equivalent grounds of obligation, they must comply with the disjunctive or alternative duty—aid one or the other—which the legal system imposes on them.

scholarly journals Evolution of the Russian Criminal Legislation on Responsibility for Murder by Mother of her Newborn Child

Lex Russica ◽  
2019 ◽  
pp. 83-96
Author(s):  
V. B. Khatuev
Keyword(s):  
Retrospective Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Institution ◽  
Newborn Child ◽  
The Russian Federation ◽  
Criminal Legislation

Without knowledge of history, without a deep retrospective analysis of any legal institution it is impossible to imagine the ways for its further improvement. This is quite true of the institute of murder by mother of her newborn child. This paper attempts to investigate the evolution of criminal responsibility for the murder of a newborn child by the mother, to establish the attitude of the legislator to this type of crime at different stages of development of the Russian criminal legislation — from the time of Ancient Russia to the present. To this end, the main historical legislative acts on the regulation of criminal law against this act are analyzed.The problem of the considered type of murder is extremely relevant. In the Russian doctrine of criminal law there are two positions concerning Art. 106 of the Criminal Code of the Russian Federation providing the softened criminal responsibility for this crime. According to one of them, the article is relevant but it needs to be improved; according to the second point of view, it is subject to exclusion and the guilt of such a murder should be criminalized on general grounds for a classified murder. The author of the article speaks in favor of the latter point of view.

Training Methods With Clinicians and Students—A Personal Story and Change: Narrative Therapy for Stuttering

2008 ◽  
Vol 18 (1) ◽  
pp. 37-42 ◽  
Author(s):  
Margaret Leahy
Keyword(s):  
Narrative Therapy ◽  
Evidence Based Practice ◽  
Theoretical Background ◽  
Evidence Based ◽  
Training Methods ◽  
Sense Of Control ◽  
Case Description ◽  
General Outline ◽  
Personal Story ◽  
Fluency Disorders

Abstract Educating students and informing clinicians regarding developments in therapy approaches and in evidence-based practice are important elements of the responsibility of specialist academic posts in universities. In this article, the development of narrative therapy and its theoretical background are outlined (preceded by a general outline of how the topic of fluency disorders is introduced to students at an Irish university). An example of implementing narrative therapy with a 12-year-old boy is presented. The brief case description demonstrates how narrative therapy facilitated this 12-year-old make sense of his dysfluency and his phonological disorder, leading to his improved understanding and management of the problems, fostering a sense of control that led ultimately to their resolution.

A novel cryptosystem based on abstract automata and Latin cubes

2015 ◽  
Vol 52 (2) ◽  
pp. 221-232
Author(s):  
Pál Dömösi ◽  
Géza Horváth
Keyword(s):  
Block Cipher ◽  
Finite Automata ◽  
Theoretical Background ◽  
Point Of View ◽  
Theoretical Point ◽  
Transition Matrices ◽  
Encryption And Decryption ◽  
Secret Keys ◽  
Automata Network ◽  
Fully Functioning

In this paper we introduce a novel block cipher based on the composition of abstract finite automata and Latin cubes. For information encryption and decryption the apparatus uses the same secret keys, which consist of key-automata based on composition of abstract finite automata such that the transition matrices of the component automata form Latin cubes. The aim of the paper is to show the essence of our algorithms not only for specialists working in compositions of abstract automata but also for all researchers interested in cryptosystems. Therefore, automata theoretical background of our results is not emphasized. The introduced cryptosystem is important also from a theoretical point of view, because it is the first fully functioning block cipher based on automata network.

THE METADIALOGUE CONCEPT IN ITS LINGUISTIC ASPECT

2019 ◽  
Vol 29 (5) ◽  
pp. 721-726
Author(s):  
Yu.V. Kupriyanova ◽  
I.M. Vasilyanova
Keyword(s):  
Subject Matter ◽  
Dynamic Structure ◽  
Point Of View ◽  
Semantic Relations ◽  
Human Cognition ◽  
Main Research ◽  
Key Points ◽  
Research Findings ◽  
The Subject ◽  
Linguistic Aspect

The article summarizes the key points in the development of the metadialogue phenomenon from a linguistic point of view. Some stages of the development of this concept and the difficulties associated with its structuring are covered. The main research findings of modern foreign and domestic experts on its study are considered. Some characteristics of the subject of the research from the standpoint of various pragmatic installations are given. On the basis of the dynamic structure of the metadialogue development, certain principles of semantic relations connected with the dialectical nature of human cognition are presented. Excursion into the history and evolution of the concept is presented. Several types of formulation of the subject matter are given. In accordance with the goal of speech exposure, internal problems of the development of metadialogue are highlighted and the critical points related to solving these problems are described. The rules of metadialogue flow are explained at the level of steps, the success/failure of which directly affects the final result of communication. The prospects of development of the concept research in accordance with various types of discourse are indicated.

Judicial geography as a legal science and academic discipline

2019 ◽  
Vol 5 (4) ◽  
pp. 122-137
Author(s):  
Almaz F. Abdulvaliev
Keyword(s):  
Criminal Law ◽  
Climatic Factors ◽  
Academic Discipline ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Mapping Method ◽  
Research Field ◽  
Point Of View ◽  
Theoretical Development ◽  
New Research

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.

For a translational sociology: Illuminating translation in society, theory and research

2021 ◽  
pp. 136843102110021
Author(s):  
Esperança Bielsa
Keyword(s):  
Meaning Making ◽  
Social Process ◽  
Translation Studies ◽  
Point Of View ◽  
Sociological Perspective ◽  
Cultural Globalization ◽  
Methodological Nationalism ◽  
The World ◽  
Sociology Of Translation ◽  
Basic Social Process

This article argues for a non-reductive approach to translation as a basic social process that shapes both the world that sociologists study and the sociological endeavour itself. It starts by referring to accounts from the sociology of translation and translation studies, which have problematized simplistic views of processes of cultural globalization. From this point of view, translation can offer an approach to contemporary interconnectedness that escapes from both methodological nationalism and what can be designated as the monolingual vision, providing substantive perspectives on the proliferation of contact zones or borderlands in a diversity of domains. The article centrally argues for a sociological perspective that examines not just the circulation of meaning but translation as a process of linguistic transformation that is necessarily embodied in words. Only if this more material aspect of translation is attended to can the nature of translation as an ordinary social process be fully grasped and its intervention in meaning-making activities explored. This has far-ranging implications for any reflexive account of the production of sociological works and interpretations.

scholarly journals Theories and heat pulse experiments of non-Fourier heat conduction

2016 ◽  
Vol 7 (2) ◽  
pp. 150-166 ◽  
Author(s):  
Péter Ván
Keyword(s):  
Heat Conduction ◽  
Heat Pulse ◽  
Theoretical Background ◽  
Point Of View ◽  
Experimental Basis ◽  
Equilibrium Thermodynamics ◽  
Fourier Heat Conduction ◽  
Non Equilibrium

Abstract The experimental basis and theoretical background of non-Fourier heat conduction is shortly reviewed from the point of view of non-equilibrium thermodynamics. The performance of different theories is compared in case of heat pulse experiments.

A Ciência na Educação Segundo John Dewey

1998 ◽  
Vol 6 (12) ◽  
pp. 129-144
Author(s):  
Pedro Galvão ◽  
Keyword(s):  
Scientific Knowledge ◽  
Subject Matter ◽  
John Dewey ◽  
Social Process ◽  
Point Of View ◽  
Special Role ◽  
Educational Value

Education plays a very special role in Dewey’s System of thought. And according to Dewey, science, being knowledge at its best, has an unsurpassable educational value which every genuine democracy must take seriously. Here I try to show how and why Dewey developed this point of view. I start by considering how, in Dewey’s System, education is seen as a form of experience deeply significant to philosophy. Then I try to stress the most inte resting points concerning Dewey’s view of education as a social process. This leds me to explain why Dewey thought that the best kind of education should occur in a democratic environment and what does he mean by that. At this point it becomes possible (I hope) to effectively understand where Dewey saw the educational value of scientific knowledge and how, according to him, should that value be promoted. Since the superiority of scientific knowledge lies in its method, Dewey argued, science becomes deprived of all its educational value whenever is taught, as ususal, as a mere ready-made subject-matter.

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