scholarly journals Measure for measure? judicial protagonism in Brazil, Beccaria’s fear, and the criminal procedure as constitutional instrumentality

2019 ◽  
Vol 5 (1) ◽  
pp. 253-275
Author(s):  
Alberto Hora Mendonça Filho ◽  
Clara Cardoso Machado Jaborandy
Keyword(s):  
Qualitative Research ◽  
Criminal Procedure ◽  
Criminal Process ◽  
Judicial Decisions ◽  
Documentary Analysis ◽  
Measure For Measure ◽  
Deductive Method ◽  
Cesare Beccaria ◽  
Do So

This paper’s main objective is to present, based on the Shakespearean play “Measure for Measure”, and the hermeneutical observations of Cesare Beccaria, the necessity of rethinking the role of the court in the criminal procedure. In order to do so, a qualitative research was adopted, as well as a bibliographical-documentary analysis, insofar as it dealt with scientific articles and doctrinal texts, as well as legislative documents and judicial decisions, using the deductive method. The undeniable contribution of literature to the juridical science is thus made visible, as it makes possible a strong critical subversion, besides portraying cultures and also working with interpretation. In this sense, after the synthesis of the Shakespearean plot, two models of judgments, objectivist and subjectivist, were visualized, which facilitates the debate about the magistrate’s role in the criminal process. This same logic was applied by Beccaria in “On Crimes and Punishments”, in which the author dismissed any kind of judicial voluntarism, and attributed to the judge the obedient execution of the written law. Thus, it was found that, since the constitutional reading of the criminal process is intrinsic to democracy, it is incumbent upon the magistrate to construct and maintain the process as a space for effecting guarantees and rights of the accused, so as to be a true spectator. Finally, the excessive emphasis on court decision results in a real disassociation with the accusatory system, as, by ignoring the semantic limits of the legal text, except in the case of constitutionality / conventionality control or in favor of the defendant, it performs a vulgar arbitration, which undermines the constitutional instrumentality.

Getting the Balance Right: Medical Futility, Scientific Advancement, and the Role of Law

2020 ◽  
Vol 28 (3) ◽  
pp. 573-594
Author(s):  
Nicola Glover-Thomas
Keyword(s):  
Treatment Planning ◽  
Medical Futility ◽  
Health Condition ◽  
Ethical Framework ◽  
Judicial Interpretation ◽  
Judicial Decisions ◽  
Scientific Advancement ◽  
Limits Of Medicine ◽  
Do So

Abstract The concept of medical futility as an applied ethical framework has seen a rise and fall in its popularity over the last 30 years. It is a term used in relation to the assessment of a patient’s health condition that is deemed untreatable, irreversible, and unresolvable. In four recent cases, Gard, Evans, Haastrup, and Raqeeb, the concept has been brought to the fore once again. These cases highlight a mounting tension between clinicians and families. Parental desires to see their child’s treatment continued, while understandable, should not dominate treatment planning. This article analyses judicial interpretation of the factors which determine an assessment of futility and in doing so, argues that the role of medical futility in judicial decisions of this kind is gaining prominence and will continue to do so as scientific advancement blurs the limits of medicine even further.

Exploring the “Liberal Paradox” from the Inside: Evidence from the Swedish Migration Courts

2018 ◽  
Vol 52 (4) ◽  
pp. 1162-1185
Author(s):  
Livia Johannesson
Keyword(s):  
Qualitative Research ◽  
Immigration Policy ◽  
Political Discourse ◽  
The Political ◽  
Immigration Policies ◽  
Political Debate ◽  
Liberal Democracies ◽  
Liberal Paradox ◽  
Do So

Courts are influential actors during the implementation of immigration policies in liberal democracies. The “liberal paradox” thesis stipulates that courts are driven by logics that hamper restrictionist immigration policies. This study contributes to this theory by exploring the norm construction of impartiality among judicial workers in Swedish migration courts when deciding asylum appeals. Its findings contradict the liberal paradox assumption that courts act according to inner logics that benefit immigrants’ rights. At Sweden’s migration courts, judicial workers show impartiality by using a skeptical approach to asylum applicants and do so to distance themselves from the political discourse of generosity that has dominated Swedish political debate for decades. The broader implications of these findings are that immigration policy theories can benefit from qualitative research exploring informal norm constructions in courts, as such work can offer new insights about the role of courts in the implementation of immigration policies.

Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine

2016 ◽  
Vol 8 (1) ◽  
pp. 111-122 ◽  
Author(s):  
Ihor Rohatiuk
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Procedure Code ◽  
The Times

Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.

scholarly journals The comparative historical and comparative legal characteristics of the Islamic criminal procedure

2020 ◽  
Vol 2 (4) ◽  
pp. 550-566
Author(s):  
Patimat A. Gusenova ◽  
◽  
Nikolay G. Stoyko ◽  
Keyword(s):  
Criminal Procedure ◽  
Ideal Type ◽  
Point Of View ◽  
Universal Model ◽  
Unanimous Opinion ◽  
Criminal Process ◽  
Judicial Decisions ◽  
Technical Structure ◽  
Administration Of Justice ◽  
Investigative Process

In order to analyze and characterize modern forms of the criminal process, it is customary to use comparative legal typologies. Within the framework of the comparative legal approach, the division of the criminal investigative process and controversial types is widespread (‘common’). Each of them is characterized by a certain spectrum of ideal attributes, opposed to each other and “embedded” in a wider typology of legal families. This article raises the question of the existence of a third universal model of the criminal process, which is considered the criminal process of the countries of Islamic rule (Islamic). It is concluded that in its technical structure (at the level of its procedural form), the Islamic criminal process belongs to the investigative type. However, if we consider the Islamic criminal process from the point of view of its procedural content, which has a religious legal explanation, it undoubtedly has the specifics that make it possible to speak of it as an independent ideal type (universal model). This is evidenced by three characteristics: the supremacy of the Koran and the Sunna over legislation and precedent; the priority of ijma (unanimous opinion of Muslim legal scholars) over the law (its procedural and substantive provisions) and judicial decisions (precedent); the administration of justice only by the cadi (judges who, by virtue of religious duty, subordinate to themselves all participants in the criminal process and are responsible for its entire course and outcome).

scholarly journals THE ROLE OF THE PROSECUTOR IN THE INVESTIGATIONS AND PROSECUTION PHASES OF THE CRIMINAL PROCESS IN THE LIGHT OF THE NEW ROMANIAN CODE OF CRIMINAL PROCEDURE

2013 ◽  
Vol 7 (4) ◽  
Author(s):  
Liviu Alexandru Lascu
Keyword(s):  
Criminal Procedure ◽  
The Other ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Criminal Process

Among the other important changes the new Romanian Code of Criminal Procedurehave introduced in the criminal proceedings, those concerning the activity of investigatingand prosecuting entail some clarifications of the attributions, a renaming of certaindocuments and acts issued by the Prosecutor, as well as expand the possibility for theinvestigators or the Prosecutor for gathering any kind of evidence during the investigationphases. In the same time, the legislator created guaranties of respecting the legal rights andfreedoms for the suspected person in as manner as for the prosecuted person.

scholarly journals FALSAS MEMÓRIAS NO PROCESSO PENAL: A INCIDÊNCIA DE FALSAS MEMÓRIAS NA PROVA TESTEMUNHAL

2020 ◽  
Vol 2 (59) ◽  
pp. 181
Author(s):  
Fábio André GUARAGNNI ◽  
Carolline Mayumi TANAKA
Keyword(s):  
Negative Impact ◽  
False Memories ◽  
Criminal Procedure ◽  
Human Mind ◽  
Criminal Cases ◽  
Criminal Process ◽  
Legal Professionals ◽  
High Incidence ◽  
Deductive Method ◽  
Process Methodology

RESUMO Objetivo: O objetivo do estudo é compreender a capacidade da mente humana de criar falsas memórias e sua influência e incidência na prova testemunhal do processo penal. Aponta para a alta incidência de casos de falsas memórias no processo penal brasileiro. Metodologia: A partir de pesquisa documental, utiliza o método dedutivo para, valendo-se de textos doutrinários, legislativos, jurisprudenciais e constitucionais, extrair conclusões sobre a as falas memórias em depoimentos.Resultado: Apresentam-se algumas medidas capazes de diminuir a presença de falsas memórias em testemunhos durante a instrução, de maneira a minimizar o impacto negativo, na resolução dos casos penais, destas falhas cognitivas usuais que caracterizam os processos mnemônicos.Contribuições: O reconhecimento da relevância do trabalho multidisciplinar nos estudos das falsas memórias, na capacitação dos profissionais de Direito acerca deste aspecto e na integração de profissionais de outras áreas no ambiente do processo criminal. Palavras-chave: Processo penal; prova testemunhal; falsas memórias. ABSTRACT Objective: The objective of the study is to understand the capacity of the human mind to create false memories and its influence and impact on the testimonial evidence of the criminal process. It points to the high incidence of cases of false memories in the Brazilian criminal process. Methodology: Based on documentary research, it is used the deductive method to, based on doctrinal, legislative, jurisprudential and constitutional texts, obtain conclusions about the false memories in testimonies. Result: Some measures are presented to reduce the presence of false memories in testimonies during instruction, in order to minimize the negative impact in the resolution of criminal cases of these usual cognitive flaws that characterize mnemonic processes. Contributions: Recognition of the relevance of multidisciplinary work in the study of false memories, in the training of legal professionals about this aspect and in the integration of professionals from other areas in the criminal process environment. Keywords: Criminal procedure; testimonial evidence; false memories.

A Re-Appraisal of the Role of Blood Coagulation and Platelets in the Generalized Shwartzman Phenomenon

1966 ◽  
Vol 15 (03/04) ◽  
pp. 519-538 ◽  
Author(s):  
J Levin ◽  
E Beck
Keyword(s):  
Blood Coagulation ◽  
The State ◽  
Coagulation System ◽  
Renal Lesions ◽  
Intravascular Coagulation ◽  
Renal Glomeruli ◽  
Coagulation Mechanism ◽  
Shwartzman Phenomenon ◽  
Do So

SummaryThe role of intravascular coagulation in the production of the generalized Shwartzman phenomenon has been evaluated. The administration of endotoxin to animals prepared with Thorotrast results in activation of the coagulation mechanism with the resultant deposition of fibrinoid material in the renal glomeruli. Anticoagulation prevents alterations in the state of the coagulation system and inhibits development of the renal lesions. Platelets are not primarily involved. Platelet antiserum produces similar lesions in animals prepared with Thorotrast, but appears to do so in a manner which does not significantly involve intravascular coagulation.The production of adrenal cortical hemorrhage, comparable to that seen in the Waterhouse-Friderichsen syndrome, following the administration of endotoxin to animals that had previously received ACTH does not require intravascular coagulation and may not be a manifestation of the generalized Shwartzman phenomenon.

‘Wheels have been set in motion’: Geocentrism and Relativity in Tom Stoppard’s Rosencrantz and Guildenstern Are Dead

2018 ◽  
Author(s):  
Liliane Campos
Keyword(s):  
20Th Century ◽  
Film Adaptation ◽  
Frames Of Reference ◽  
Quantum Uncertainty ◽  
Galilean Relativity ◽  
Modern Physics ◽  
20Th Century Physics ◽  
Time Specific ◽  
Do So

By decentring our reading of Hamlet, Stoppard’s tragicomedy questions the legitimacy of centres and of stable frames of reference. So Liliane Campos examines how Stoppard plays with the physical and cosmological models he finds in Hamlet, particularly those of the wheel and the compass, and gives a new scientific depth to the fear that time is ‘out of joint’. In both his play and his own film adaptation, Stoppard’s rewriting gives a 20th-century twist to these metaphors, through references to relativity, indeterminacy, and the role of the observer. When they refer to the uncontrollable wheels of their fate, his characters no longer describe the destruction of order, but uncertainty about which order is at work, whether heliocentric or geocentric, random or tragic. When they express their loss of bearings, they do so through the thought experiments of modern physics, from Galilean relativity to quantum uncertainty, drawing our attention to shifting frames of reference. Much like Schrödinger’s cat, Stoppard’s Rosencrantz and Guildenstern are both dead and alive. As we observe their predicament, Campos argues, we are placed in the paradoxical position of the observer in 20th-century physics, and constantly reminded that our time-specific relation to the canon inevitably determines our interpretation.

Moving Beyond Themes

2013 ◽  
Vol 2 (2) ◽  
pp. 213-227 ◽  
Author(s):  
Kristen Lucas ◽  
Suzy D’Enbeau
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Qualitative Research Methods

Teaching novice qualitative researchers how to move beyond first-cycle themes is a challenging endeavor. In this essay, we articulate four harmful habits that tend to impede our success: moving too quickly, privileging product over process, providing cursory coverage of analytic technique and artistry, and overlooking the role of synthesis in qualitative research. As a step toward replacing harmful habits with more healthy ones, we offer a number of practical suggestions for reimagining the qualitative research methods curriculum.

Corporate Governance and Performance of Organizations

2018 ◽  
Vol 9 (5) ◽  
pp. 439-446
Author(s):  
Hamid Ait lemqeddem ◽  
◽  
Mounya Tomas ◽  
Keyword(s):  
Corporate Governance ◽  
Agency Theory ◽  
Theoretical Foundation ◽  
Quantitative Approach ◽  
Governance Practices ◽  
Deductive Method ◽  
Private And Public ◽  
Is Theory ◽  
And Performance ◽  
Do So

There is renewed interest in the need to focus on corporate governance in an environment where it is a performance imperative for all small and large organizations, private and public, beginner or established.The purpose of this study is to demonstrate the place of corporate governance practices in organizations to ensure that the board, officers, and directors take action to protect shareholder interests and all stakeholders. It is important to focus on the effect of these practices on improving performance and competitiveness. To do so, we opted for the hypothetico-deductive method with a quantitative approach. Our theoretical foundation is theory is agency theory.

Sign in / Sign up

Export Citation Format

Share Document