scholarly journals Uwagi o istocie przestępstwa o charakterze terrorystycznym i jego karaniu. Część II

2019 ◽  
Vol 50 ◽  
pp. 13-27
Author(s):  
Rajnhardt Kokot
Keyword(s):  
Interwar Period ◽  
Historical Analysis ◽  
Criminal Code ◽  
Central Question ◽  
Legal Situation ◽  
Starting Point ◽  
Legal Nature ◽  
Normative Perception ◽  
Post War

Remarks on the essence of a terrorist crime and penalty for it. Part IIThe paper is an attempt to draw attention to some of the most important aspects of the problem of terrorist crimes, a problem that is complex both in criminological sense and in terms of the legal dogma. The starting point for the reflections in Part I of the article is a historical analysis of the origins and evolution of the dogmatic and normative perception of and approach to the concept of terrorist crime — beginning with the legislation of the interwar period, through post-war provisions and ending with the regulations of the 1969 Criminal Code. The Central question of this part is an analysis of the normative form of the terrorist crime construct under Article 115 § 20 of the Criminal Code, its legal nature as well as consequences of the application of the analysed norms. The reflection of Part II of the paper encompasses issues concerning the consequences of a terrorist crime in terms of statutory and judicial penalties as well as other penal measures. In this part the author analyses, in particular, the question of extraordinary enhancement of punishment for terrorist crimes, including doubts that can be aroused in practice by the regulations concerning punishment progression applied to terrorists as well as the possibility and rules of applying other measures having an impact on the legal situation of the perpetrators of terrorist crimes.

scholarly journals Uwagi o istocie przestępstwa o charakterze terrorystycznym i jego karaniu. Część I

2018 ◽  
Vol 48 ◽  
pp. 31-46
Author(s):  
Rajnhardt Kokot
Keyword(s):  
Interwar Period ◽  
Historical Analysis ◽  
Penal Code ◽  
Legal Situation ◽  
Starting Point ◽  
Legal Nature ◽  
Normative Perception ◽  
Post War ◽  
Legal Sense

Remarks on the essence of a terrorist crime and penalty for it. Part IThe study attempts to draw attention to some, the most important complex threads — both in the criminological and the dogmatic legal sense — problems of crime of terrorist character. The starting point of considerations conducted in part I of the article is the historical analysis referring to genesis and evolution of dogmatic and normative perception and understanding of the concept of terrorist offense — from the legislation of the interwar period through post-war regulations, until the regulation of the Penal Code of 1969. The central thread of this part of the study is the analysis of the normative shape of a terrorist offense construction in terms of art. 115 § 20 of the Penal Code, legal nature of this institution as well as the consequences at the level of application of the discussed regulations. Considerations taken in part II of the study cover issues regarding the consequences of committing a crime of a terrorist character in the sphere of statutory and judicial punishment and other penal measures. In this part of the analysis, the issue of extraordinary tightening of punishment was subjected in particular to a terrorist crime including doubts that in practice the provisions relating to the rule of progression of punishment of terrorists can cause, as well as the possibility and rules of using other institutions shaping the legal situation of the perpetrator of a terrorist offense.

Party and Democracy

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Political Parties ◽  
Organizational Development ◽  
Interwar Period ◽  
Historical Perspective ◽  
The State ◽  
Societal Change ◽  
Contemporary Society ◽  
Mass Public ◽  
Post War ◽  
Totalitarian Regimes

The book integrates philosophical, historical, and empirical analyses in order to highlight the profound roots of the limited legitimation of parties in contemporary society. Political parties’ long attempts to gain legitimacy are analysed from a philosophical–historical perspective pinpointing crucial passages in their theoretical and empirical acceptance. The book illustrates the process through which parties first emerged and then achieved full legitimacy in the early twentieth century. It shows how, paradoxically, their role became absolute in the totalitarian regimes of the interwar period when the party became hyper-powerful. In the post-war period, parties shifted from a golden age of positive reception and organizational development towards a more difficult relationship with society as it moved into post-industrialism. Parties were unable to master societal change and favoured the state to recover resources they were no longer able to extract from their constituencies. Parties have become richer and more powerful, but they have ‘paid’ for their pervasive presence in society and the state with a declining legitimacy. The party today is caught in a dramatic contradiction. It has become a sort of Leviathan with clay feet: very powerful thanks to the resources it gets from the state and to its control of societal and state spheres due to an extension of clientelistic and patronage practices; but very weak in terms of legitimacy and confidence in the eyes of the mass public. However, it is argued that there is still no alternative to the party, and some hypotheses to enhance party democracy are advanced.

scholarly journals Population genomic and historical analysis suggests a global invasion by bridgehead processes in Mimulus guttatus

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Mario Vallejo-Marín ◽  
Jannice Friedman ◽  
Alex D. Twyford ◽  
Olivier Lepais ◽  
Stefanie M. Ickert-Bond ◽  
...  
Keyword(s):  
Biological Invasions ◽  
Historical Analysis ◽  
Historical Records ◽  
British Isles ◽  
Mimulus Guttatus ◽  
Introduced Populations ◽  
Genome Wide ◽  
Starting Point ◽  
History Of ◽  
Global Invasion

AbstractImperfect historical records and complex demographic histories present challenges for reconstructing the history of biological invasions. Here, we combine historical records, extensive worldwide and genome-wide sampling, and demographic analyses to investigate the global invasion of Mimulus guttatus from North America to Europe and the Southwest Pacific. By sampling 521 plants from 158 native and introduced populations genotyped at >44,000 loci, we determined that invasive M. guttatus was first likely introduced to the British Isles from the Aleutian Islands (Alaska), followed by admixture from multiple parts of the native range. We hypothesise that populations in the British Isles then served as a bridgehead for vanguard invasions worldwide. Our results emphasise the highly admixed nature of introduced M. guttatus and demonstrate the potential of introduced populations to serve as sources of secondary admixture, producing novel hybrids. Unravelling the history of biological invasions provides a starting point to understand how invasive populations adapt to novel environments.

scholarly journals THE TROUBLES WITH A LOWER CASE t: UNDERGRADUATES AND BELFAST'S DIFFICULT HISTORY

2018 ◽  
Vol 28 ◽  
pp. 219-239 ◽  
Author(s):  
Sean O'Connell
Keyword(s):  
Northern Ireland ◽  
Oral History ◽  
Social History ◽  
Undergraduate Students ◽  
Historical Evidence ◽  
The Troubles ◽  
Lower Case ◽  
Starting Point ◽  
Post War

ABSTRACTThis paper explores the risks and rewards involved in directing undergraduate students engaged on an oral history project in Belfast. It advocates the role of oral history as a tool through which to encourage students’ engagement with research-led teaching to produce reflective assignments on the nature of historical evidence, particularly autobiographical memory. The particular challenges of conducting oral history in a city beset by ethno-sectarian divisions are discussed. This factor has ensured that the historiography of Belfast has focused extensively on conflict and violence. The city's social history is poorly understood, but employing oral history enables the exploration of issues that take undergraduate historians beyond the Troubles as a starting point. This project probed what is called the troubles with a lower case t, via an analysis of deindustrialisation and urban redevelopment in Sailortown (Belfast's dockland district). It provided evidence with which to offer a new assessment on existing historiographical discussions about working-class nostalgic memory and urban social change, one that supports those scholars that problematize attempts to categorise such memory. The testimony also differed in significant ways from previous oral history research on post-war Northern Ireland.

scholarly journals Transitions to adulthood in flux. Assessing coming of age through an historical lens in Finland and France

Sociologija ◽  
2019 ◽  
Vol 61 (2) ◽  
pp. 167-185
Author(s):  
Aurelie Mary
Keyword(s):  
Transition To Adulthood ◽  
Coming Of Age ◽  
Historical Context ◽  
Historical Analysis ◽  
First Century ◽  
Transitions To Adulthood ◽  
Early Twenty ◽  
Societal Context ◽  
The 1950S ◽  
Post War

According to youth experts, a significant number of contemporary young people in Western societies reach adulthood at a later age than previous generations. This phenomenon is generally perceived as a temporary misstep on the path to default patterns of transition established in the 1950s and 1960s. Given the current societal context, should the transition to adulthood today really conform to that model? This paper provides an historical analysis of transitions to adulthood to enquire whether the post-war model can still be considered a meaningful reference today. Were routes of transition similar or different in earlier times, or has the model always existed? To answer this question, the paper looks at demographics in two case countries, Finland and France, in three periods: the nineteenth and early twentieth centuries, the 1950s-1970s, and the early twenty-first century. The paper argues that the post-war generation?s rapid patterns of transition w ere unique, resulting from a sustained period of economic growth in developed societies. This has generated new pathways of transition and a model of adulthood still used as a standard point today, even though the current socio-economic context has changed. Transitions to adulthood are not static. They have always evolved, mirroring the wider historical context within which individuals operate.

scholarly journals Pozycja prawna wojewody w procesie przemian II Rzeczypospolitej

2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Local Government ◽  
Interwar Period ◽  
Legal Status ◽  
Local Administration ◽  
Head Of State ◽  
Legal Situation ◽  
State And Local Government ◽  
The Republic ◽  
State And Local ◽  
The Government

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

scholarly journals Jan Kuklík, René Petráš, Minorities and law in Czechoslovakia, 1918–1992, Karolinum Press, Prague 2017, pp. 302

2021 ◽  
Vol 60 (4) ◽  
Author(s):  
Grzegorz Gąsior
Keyword(s):  
Interwar Period ◽  
State Policy ◽  
National Minorities ◽  
Legal Situation

The reviewed monograph by Jan Kuklík and René Petráš entitled Minorities and law in Czechoslovakia, 1918–1992, Karolinum Press, Prague 2017, is dedicated to the legal situation of national minorities in Czechoslovakia in the years 1918–1992. Although it constitutes a useful guide to appropriate legislation, the authors show some tendency to emphasise the democratic features of state policy towards minorities in the interwar period and lessen the significance of some of its flaws

scholarly journals Legal Nature and Features a Continuing Crime

2021 ◽  
Vol 15 (4) ◽  
pp. 442-455
Author(s):  
Konstantin Obrazhiev
Keyword(s):  
Criminal Law ◽  
Plenary Session ◽  
Criminal Code ◽  
Destructive Effect ◽  
Legal Nature ◽  
The Supreme Court ◽  
Theory Of Crime ◽  
Objective Side ◽  
Conscious Control

The author singles out constituent features of a continuing crime: 1) a continuing crime, although legally completed, is happening continuously until its actual completion; 2) a continuing action has a complex two-element structure: the first element of the objective side of a continuing crime is the action or inaction of the guilty person that legally constitutes a crime, and the second element is the subsequent continuous behavior that «stretches» the objective side of the continuing crime in time; 3) a continuing crime is producing a non-stop destructive effect on the object of criminal law protection, and the long-term deformation of this object happens because of the action itself, not the consequences caused by it; 4) by committing a continuing crime, the person preserves conscious control over the action after its legal completion, regulates his behavior, controls the process of inflicting harm on the object of criminal law protection, which makes it possible to recognize the person as active (non-active) in the criminal law sense; 5) only a crime with a formal construct of corpus delicti can be continuing. The abovementioned features together could act as reliable criteria for determining the chronological boundaries of specific criminal actions, as a key to resolving theoretical disputes and law enforcement problems connected with classifying a certain action as continuing. The article stresses that the permanent character of a continuing crime cannot be explained through the prism of the theory of a continuing criminal condition. Such an interpretation of a continuing crime, common in Russian and foreign research, contradicts the established tenets of the classical theory of crime. Only an act in the form of action or inaction can be recognized as a continuing crime, but not a state, situation, or status. Based on this, the author gives a critical assessment of Art. 210.1 of the Criminal Code of the Russian Federation that provides for the liability for holding the highest position in a criminal hierarchy. The objective side of a continuing crime has the following manifestations: 1) continuing criminal inaction; 2) a crime legally completed by an action, and continuing through inaction; 3) continuing action. Based on this, the author states that the description of a continuing crime contained in the Decree of the Plenary Session of the Supreme Court of the USSR of March 4, 1929 No. 23 (edition of the Decree of the Plenary Session of March 14, 1963, No. 1) should be specified.

scholarly journals Presumption of innocence in criminal procedure law: essence and misconceptions

2021 ◽  
Vol 9 (2) ◽  
pp. 46-50
Author(s):  
Valeriy Protasov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Presumption Of Innocence ◽  
Guilty Verdict ◽  
Legal Process ◽  
Criminal Process ◽  
Legal Obligations ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
Key Terms

The author points out the need to clarify the key terms of modern Russian jurisprudence. It is proposed to replace the term "criminal process" with the term "criminal-legal process". Attention is drawn to the incorrectness of the terms "criminal code" and "civil Code". The article reveals the essence and legal nature of the presumption of innocence in criminal law proceedings, which consist in the fact that the accused and the defendant do not have such legal obligations before the entry into force of the guilty verdict, as if they were guilty of committing the incriminated act. The author substantiates the fact that only the state can be a violator of this legal presumption.

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic

2020 ◽  
Vol 20 (1) ◽  
pp. 237-264
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch
Keyword(s):  
Czech Republic ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Termination Of Pregnancy ◽  
Legal Analysis ◽  
The Czech Republic ◽  
The Third ◽  
Legal Situation

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..

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