scholarly journals O PRAWNOKARNEJ OCHRONIE NASCITURUSA W III STATUCIE LITEWSKIM

2017 ◽  
Vol 5 (1) ◽  
pp. 175
Author(s):  
Sławomir Godek

Legal and Criminal Protection of ‘nasciturus’ in the Third Lithuanian StatuteSummary The Third Lithuanian Statute of 1588 regulated the issue specified in the title only partly and quite inconsistently. On the one hand, the Third Statute introduced criminal responsibility for injuring a pregnant woman, which caused a miscarriage; nevertheless, the penalty was insignificant. On the other hand, the legislation stipulated that carrying out a capital punishment must be put off until a child’s birth, which shows the the Lithuanian legislator’s intention to respect the fetus’ right to life. The Statute also provided for the death penalty for abortion and infanticide; nevertheless - contrary to the German law applied in cities - it did notintroduce an explicit distinction between these two crimes. Another inconsistency of the Statute is a lack of punishment in case of a homicide of a bastard child.

2010 ◽  
Vol 15 (2) ◽  
pp. 1-27 ◽  
Author(s):  
Benjamin S. Yost

It is hard to know what to think about Kant's ‘passionate sermons’ on capital punishment. Kant clearly feels that it is one of the most important punishments in the state's arsenal. But his vehement insistence on the necessity of execution strikes many readers as philosophically suspect. Critics argue that Kant's embrace of the death penalty is incompatible with, or at least not required by, the fundamental tenets of his moral and legal philosophy (Schwarzschild 1985; Merle 2000; Potter 2002; Hill 2003). These arguments typically employ one of two strategies. The first is to deny that execution is required by retribution in even a prima facie sense; arguments along this line typically question the coherence of Kant's doctrine of the ius talionis (Sarver 1997). The second is to show that there are inviolable moral principles that render the death penalty illegitimate; this criticism typically appeals to the value of human dignity or the right to life (Radin 1980; Pugsley 1981; Schwarzschild 1985; Merle 2000; Potter 2002). There is a third strategy that could be used to criticize Kant, although it is not aimed at him specifcally. This strategy invokes legal principles of fairness or due process. It asserts that, regardless of capital punishment's moral appropriateness or legitimacy, capital punishment is unjust due to the fallibility of legal actors and institutions (Nathanson 2001). Someone adopting the third strategy might claim that, while Kant's justifcation may be acceptable in principle, it fails to justify the death penalty in the world we live in.


2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.


Author(s):  
Patrick Colm Hogan

The introduction first sets out some preliminary definitions of sex, sexuality, and gender. It then turns from the sexual part of Sexual Identities to the identity part. A great deal of confusion results from failing to distinguish between identity in the sense of a category with which one identifies (categorial identity) and identity in the sense of a set of patterns that characterize one’s cognition, emotion, and behavior (practical identity). The second section gives a brief summary of this difference. The third and fourth sections sketch the relation of the book to social constructionism and queer theory, on the one hand, and evolutionary-cognitive approaches to sex, sexuality, and gender, on the other. The fifth section outlines the value of literature in not only illustrating, but advancing a research program in sex, sexuality, and gender identity. Finally, the introduction provides an overview of the chapters in this volume.


2021 ◽  
Author(s):  
Rochelle Lieber

A lively introduction to morphology, this textbook is intended for undergraduates with relatively little background in linguistics. It shows students how to find and analyze morphological data and presents them with basic concepts and terminology concerning the mental lexicon, inflection, derivation, morphological typology, productivity, and the interfaces between morphology and syntax on the one hand and phonology on the other. By the end of the text students are ready to understand morphological theory and how to support or refute theoretical proposals. Providing data from a wide variety of languages, the text includes hands-on activities designed to encourage students to gather and analyse their own data. The third edition has been thoroughly updated with new examples and exercises. Chapter 2 now includes an updated detailed introduction to using linguistic corpora, and there is a new final chapter covering several current theoretical frameworks.


2011 ◽  
Vol 16 (2) ◽  
pp. 175-190 ◽  
Author(s):  
Sorin Baiasu

AbstractThe interpretation of Kant's Critical philosophy as a version of traditional idealism has a long history. In spite of Kant's and his commentators’ various attempts to distinguish between traditional and transcendental idealism, his philosophy continues to be construed as committed (whether explicitly or implicitly and whether consistently or inconsistently) to various features usually associated with the traditional idealist project. As a result, most often, the accusation is that his Critical philosophy makes too strong metaphysical and epistemological claims.In his The Revolutionary Kant, Graham Bird engages in a systematic and thorough evaluation of the traditionalist interpretation, as part of perhaps the most comprehensive and compelling defence of a revolutionary reading of Kant's thought. In the third part of this special issue, the exchanges between, on the one hand, Graham Bird and, on the other, Gary Banham, Gordon Brittan, Manfred Kuehn, Adrian Moore and Kenneth Westphal focus on specific aspects of Bird's interpretation of Kant's first Critique. More exactly, the emphasis is on specific aspects of Bird's interpretation of the Introduction, Analytic of Principles and Transcendental Dialectic of Kant's first Critique.The second part of the special issue is devoted to discussions of particular topics in Bird's construal of the remaining significant parts of the first Critique, namely, of the Transcendental Aesthetic and the Analytic of Concepts. Written by Sorin Baiasu and Michelle Grier, these articles examine specific issues in these two remaining parts of the Critique, from the perspective of the debate between the traditionalist and revolutionary interpretation. The special issue begins with an Introduction by the guest co-editors. This provides a summary of the exchanges between Bird and his critics, with a particular focus on the debates stemming from the differences between traditional and revolutionary interpretations of Kant.


2011 ◽  
Vol 16 (2) ◽  
pp. 221-233 ◽  
Author(s):  
Manfred Kuehn

AbstractThe interpretation of Kant's Critical philosophy as a version of traditional idealism has a long history. In spite of Kant's and his commentators’ various attempts to distinguish between traditional and transcendental idealism, his philosophy continues to be construed as committed (whether explicitly or implicitly and whether consistently or inconsistently) to various features usually associated with the traditional idealist project. As a result, most often, the accusation is that his Critical philosophy makes too strong metaphysical and epistemological claims.In his The Revolutionary Kant, Graham Bird engages in a systematic and thorough evaluation of the traditionalist interpretation, as part of perhaps the most comprehensive and compelling defence of a revolutionary reading of Kant's thought. In the third part of this special issue, the exchanges between, on the one hand, Graham Bird and, on the other, Gary Banham, Gordon Brittan, Manfred Kuehn, Adrian Moore and Kenneth Westphal focus on specific aspects of Bird's interpretation of Kant's first Critique. More exactly, the emphasis is on specific aspects of Bird's interpretation of the Introduction, Analytic of Principles and Transcendental Dialectic of Kant's first Critique.The second part of the special issue is devoted to discussions of particular topics in Bird's construal of the remaining significant parts of the first Critique, namely, of the Transcendental Aesthetic and the Analytic of Concepts. Written by Sorin Baiasu and Michelle Grier, these articles examine specific issues in these two remaining parts of the Critique, from the perspective of the debate between the traditionalist and revolutionary interpretation. The special issue begins with an Introduction by the guest co-editors. This provides a summary of the exchanges between Bird and his critics, with a particular focus on the debates stemming from the differences between traditional and revolutionary interpretations of Kant.


Author(s):  
Victoria Yermilova ◽  
◽  
Natalia Stroiteleva ◽  
Zhanna Egorova ◽  
Ekaterina Vanina

Smoking and alcohol consumption is a growing trend among young people worldwide. The purpose of this study was to provide students with a comparative analysis of adherence to harmful habits (smoking and alcohol) on the one hand and the frequency of sports and academic performance on the other, taking into account gender differences. The research was conducted in 2019-2020 in 5 cities of Russia; the sample included 1500 people aged 18.4 ± 1.1 years, divided into three equal groups. The control (first) group had students who are not engaged in sports, and the second group comprised students practicing sports but not professionally. The third group was made up of student-athletes. All participants were surveyed to determine the frequency of adherence to harmful habits. In the control group, boys smoked 50% more often than girls (p ≤ 0.05), while in the third group, smoking among boys was registered 70 times less often (p ≤ 0.001). Alcohol consumption in controls was 0.5 times more likely among boys (p ≤ 0.05). Harmful habits affect young people's free time and reduce their academic performance and ability to practice sports.


Author(s):  
Emily Van Buskirk

This chapter undertakes a treatment of the rhetoric of personal pronouns in Ginzburg's writings on love and sexuality, drawing on Michael Lucey's study of the first person in twentieth-century French literature about love. It brings together questions of genre and narrative, on the one hand, and gender and sexuality, on the other. The chapter is divided into two sections, treating writings from two different periods on two kinds of love Ginzburg thought typical of intellectuals: in “First Love,” it discusses the unrequited and tragic love depicted in Ginzburg's teenage diaries (1920–23); in “Second Love,” it analyzes the love that is realized but in the end equally tragic, depicted in drafts related to Home and the World (1930s). The chapter examines the models the author sought in literary, psychological, and philosophical texts (Weininger, Kraft-Ebbing, Blok, Shklovsky, Oleinikov, Hemingway, and Proust).


1909 ◽  
Vol 29 ◽  
pp. 68-74
Author(s):  
Robert A. Houstoun ◽  
Alexander S. Russell

In the third volume of his Spectroscopie, p. 91, Kayser has raised the question whether on mixing two coloured solutions which do not act on one another chemically the absorption spectrum of each of the components remains unchanged. Melde thought he had discovered such an effect; he stated that when a solution of carmine in ammonia which has two sharp bands in the green, was added to a solution of potassium dichromate which absorbs the violet end of the spectrum, or to an ammoniacal solution of copper sulphate which absorbs the red end, that the carmine bands were in each case displaced towards the end absorption in question. He ascribed this to a physical action between the molecules. It was, however, pointed out by Schuster that a shift of this nature would be seen if, instead of mixing, the one solution was merely placed behind the other. Bostwick and Krüss repeated Melde's work, and came to the conclusion that there was a real shift in addition to the apparent shift pointed out by Schuster. Since then additional evidence has been adduced by Formánek and has been quoted by Kayser in the section cited above. The object of the research recorded in this paper was to investigate those cases with the most accurate means possible, and, if a shift was established, to decide if it was physical.


Author(s):  
N. Cioica ◽  
C. Cota ◽  
Mihaela Nagy ◽  
G. Fodorean

Bioplastics constitute a great opportunity for agriculture, industry and environment. On the one hand, the basic raw material used to fabricate bioplastics is made from renewable agricultural materials, on the other hand, bioplastics have a wide application as packaging and protections in the food and non-food industry as catering products as protection films and foils and as compostable items in agriculture. Also very important is that after achieving the purpose for which they are produced, bioplastics become waste and their cycle is closed as they can be used as compost for agriculture.


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