scholarly journals STAN NIETRZEŹWOŚCI JAKO „AFEKT” W RZYMSKIM PRAWIE KARNYM?

2016 ◽  
Vol 15 (1) ◽  
pp. 33
Author(s):  
Przemysław Kubiak
Keyword(s):  
Criminal Law ◽  
Heavy Drinking ◽  
Theoretical Background ◽  
Supplementary Information ◽  
Crimes Of Passion ◽  
Precise Analysis ◽  
Ancient Times ◽  
Unintentional Acts ◽  
Mild Punishment ◽  
Mitigating Factor

Drunkenness – a “Passion” in Roman Criminal Law?SummarySince ancient times jurists and lawyers have had to handle offencesconnected with alcohol abuse. There are only three texts on drunkenness in the Roman legal sources: two relate to offences committed byinebriate soldiers, and the third contains the basic division into intentional offences, accidental offences, and crimes of passion. In all threecategories drunkenness was a mitigating factor, which may be surprising for modern lawyers. Other Roman sources present public opinionon drinking, which seems to have depended on the circumstances– heavy drinking and alcoholism were disapproved of. A precise analysis of the rhetorical writings shows elaborate distinctions betweenintentional and unintentional acts. Drunkenness was regarded as anemotional state which could influence the penalty, but the specific circumstances of the offence were crucial. The rhetorical works confirmthe views presented in poetry and philosophy. Contrary to the legalsources, the facts seem to show that a judge could sentence an offenderto a severe or mild punishment, or even acquit him if drunkenness hadbeen a factor contributing to the offence. The rhetorical works may beconsidered to provide not only an important theoretical background tothe legal sources, but also crucial supplementary information givinga better insight into Roman criminal law.

Unearthing Under-Governed Territory

2018 ◽  
Author(s):  
Peter J. Stoett
Keyword(s):  
Climate Change ◽  
Criminal Law ◽  
International Organizations ◽  
Environmental Law ◽  
Environmental Crime ◽  
International Environmental Law ◽  
Mitigating Factor ◽  
Environmental Crimes

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.

scholarly journals Development of Adult Education in Europe and in the Context of Knowles′ Study

2017 ◽  
Vol 7 (2) ◽  
pp. 69-75
Author(s):  
Inna Feltsan
Keyword(s):  
Adult Education ◽  
Adult Students ◽  
Population Aging ◽  
Modern Society ◽  
Theoretical Background ◽  
Education History ◽  
Education Development ◽  
Ancient Times ◽  
Education Process

Abstract The presented article touches upon the idea of adult education history in Europe. It highlights the main programmes and events, which were a great contribution to the development of lifelong learning. At ancient times, adult students considered to be the prominent audience at philosophical lectures of immortal minds. After the period of industrialization and social equality, primary and secondary education became the priority topics of governmental policies. Only after WWII there appeared a need for reviewing or upgrading the already existed knowledge, nothing to say about the late 2000s with the immigration realia and population aging, adult learning takes over the prior importance in Europe. Malcolm S. Knowles was one of the scholars who had been investigating the domain in the mid 1960s and created the theoretical background for further researches. His attitude and vision of adult education process were the predictors of a new adragogical age in Europe, where student took a new central role in the education process, was encouraged to hold responsibility for the most suitable methods, that would match up with their goals, possibilities, intentions and timing. In modern society, there exists an urgent need for changes in the approaches to teaching adults, for individual work that is more appropriate for age and ensures usage of personal experience. The maturity dimension scheme presented by M. Knowles brings understanding of adult psychological inclinations, behaviour and goals that might help an andragogue to decide on methods chosen for achieving educational results. Clear determination of notions should explain and help to avoid misunderstandings on “whom should we consider an adult?” Historical approach will help to create a complex adult education development picture and motivate a researcher for further investigations.

Victim or Villain: Exploring the Possible Bases of a Defence in the Ongwen Case at the International Criminal Court

2017 ◽  
Vol 17 (1) ◽  
pp. 186-207 ◽  
Author(s):  
Windell Nortje
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Child Soldier ◽  
Legal Questions ◽  
The Face ◽  
The One ◽  
Mitigating Factor ◽  
The Impact

The reality of child soldiers who join rebel forces once they reach adulthood presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are guilty of committing serious crimes. Currently, the case of Dominic Ongwen before the icc raises contentious issues, including whether or not international criminal law permits the consideration of factors, such as the impact of the experiences as a child soldier on future conduct, when he is prosecuted for allegedly committing crimes during adulthood. This article specifically examines whether Ongwen’s experiences as a child soldier could serve as a possible defence and/or as a mitigating factor.

scholarly journals Institute of Self-defense in the criminal law field. Review of the monograph by E.V. Lucchi, A.V. Shulga “Necessary defense in case of encroachments on family members: criminal-legal and criminological aspects” (Moscow: “Yurlitinform” Publ., 2021. 176 p.)

2021 ◽  
pp. 354-359
Author(s):  
Yulia Zuyeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Assessment ◽  
Social Nature ◽  
Self Defense ◽  
Effective Deterrent ◽  
Legitimate Interests ◽  
Ancient Times ◽  
Health Rights ◽  
Protection Of Life

The necessary defense is an inalienable right of every person, consisting in the protection of life and health, rights and legitimate interests belonging both to himself and to third parties. It is necessary to agree with the authors of the monograph that this form of self-defense is "one of the oldest institutions of criminal law, which since ancient times is based mainly on the instinct of self-preservation of a person living in society, and the desire to protect themselves from the surrounding dangers of domestic and social nature" (p. 7). The" merits " of the legal institution under consideration should also include the fact that it has a really effective deterrent potential against crime, since the prospect of receiving a tough rebuff from the defender has a much greater impact on the attacker than the probability of being in the hands of justice. At the same time, a qualified legal assessment of all aspects of the incident determines the distribution of the "victim" and "accused" statuses, which are sometimes repeatedly "exchanged" by participants in numerous conflicts during the judicial and investigative proceedings. An equally problematic aspect is the possibility of provoking an attack with the subsequent imitation of the state of the necessary defense from hooligan, selfish or other deviant motives. Accordingly, the correct legal assessment of the application of this form of self-defense in practice is a highly significant element of law enforcement. This is what determines the value of the institute of legal self-defense as an object of scientific research.

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 THE CRIMINAL ACTION OF EXHIBITIONISM ACCORDING TO ISLAMIC CRIMINAL LAW

2021 ◽  
Vol 21 (2) ◽  
pp. 327-336
Author(s):  
Erindia Erindia ◽  
Rusmala Dewi ◽  
Andriyani Andriyani
Keyword(s):  
Criminal Law ◽  
Causative Factors ◽  
Two Factors ◽  
Ancient Times ◽  
The Law ◽  
Special Factors

The result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor's self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta'zir namely in accordance with the ijtihad judge's, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur'an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas.   Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta'zir

scholarly journals O "Sistema Acusatório" do Processo Penal Brasileiro: Apontamentos Acerca do Conteúdo da Acusatoriedade a partir de Decisões do Supremo Tribunal Federal / The "Accusatorial System"of Brazilian Criminal Procedure: Notes on the Concept of Accusatorialism from the Federal Supreme Court's Decisions

2016 ◽  
Author(s):  
Vinicius Gomes De Vasconcellos
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Theoretical Background ◽  
Core Point ◽  
The Core ◽  
Federal Supreme

Resumo: Este artigo pretende desenvolver uma análise do posicionamento adotado pelo Supremo Tribunal Federal brasileiro em relação ao conceito de “sistema acusatório” no processo penal. Para tanto, empreender-se-á estudo das decisões acerca da temática proferidas pelo referido órgão nos anos de 2010 a 2014. Em seguida, após breve excurso histórico, serão expostos os contornos principais da discussão doutrinária pátria sobre os sistemas processuais, ressaltando o ponto cerne das divergências: a possibilidade de produção de provas por iniciativa do julgador. Assim, a partir de tal arcabouço teórico, serão apontadas questões que carecem de aprofundamento e elucidação pela jurisprudência do tribunal máximo brasileiro.Palavras-chave: Processo Penal; sistema acusatório; Supremo Tribunal Federal.Abstract: This paper aims to develop an analysis of the Brazilian Supreme Court’s position related to the concept of “accusatorial system” in criminal law. In this sense, it will study the decisions of the court involving the topic in the years of 2010 to 2014. Then, after a brief historical excursion, the main lines of the Brazilian doctrinal discussion about procedural systems will be presented, highlighting the core point of disagreement: the possibility of producing evidence by the judge’s initiative. Thus, from such theoretical background, this paper will identify issues that claim a deep and clarified review from the Brazilian Supreme Court’s decisions.Keywords: Criminal Procedure; Accusatorial system; Brazilian Supreme Court.

ТЕОРЕТИЧЕСКИЕ ОСНОВЫ ИССЛЕДОВАНИЯ АКСИОЛОГИЧЕСКОЙ ПРОБЛЕМАТИКИ / THEORETICAL BACKGROUND OF AXIOLOGICAL PROBLEMATICS

2021 ◽  
pp. 198-204
Author(s):  
LUSINE SARKISIAN
Keyword(s):  
Social Development ◽  
Theoretical Background ◽  
Ancient Times ◽  
Value Crisis

The article deals with the problem of the formation and development of axiology, the essence of the ՛value՛ in natural-social development. It should be noted that at present, in connection with the global spiritual and value crisis that humanity is experiencing at the turn of the epochs, axiological studies are becoming relevant. The purpose of this article is to study the concept “value” and analyze the problems of axiology from ancient times to the present day on the basis of theoretical materials of various philosophers and sociologists.

scholarly journals Criminal Liability in Conflictological Discourse

Lex Russica ◽  
2020 ◽  
pp. 49-62
Author(s):  
I. Ya. Kozachenko ◽  
D. N. Sergeev
Keyword(s):  
Conflict Resolution ◽  
North America ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Pluralism ◽  
Ancient Society ◽  
History Of ◽  
Ancient Times ◽  
Religious Concept ◽  
Legal Mechanism

The paper deals with the history of criminal law and criminal liability in conflictological discourse. On the basis of ideas of legal pluralism, the authors investigate the transformation of the criminal and legal mechanism of conflict resolution from ancient times to the present. They study the customs of exile, blood vengeance, blood reconciliation, as well as a number of other customs of Amazonia and North America. The paper explains that such customs remain until now due to the expressed compensatory character and evaluates the origins of ritualization of conflict resolution procedures in ancient society. The authors examine the circumstances of the disappearance of the victim concept from repentant law, as well as the borrowing of the religious concept of responsibility not before the victim, but before the suzerain by secular law.The authors note that many generations of lawyers have formed their professional consciousness under the influence of an indispensable formal cliché: for the committed crime the perpetrator must be held criminally liable not before the injured person, but before the State that is not in the least at times guilty of failing to provide the victim with a safe life. Few doubted that the postulate given is the only one true. This example of survivability of ancient criminal law customs demonstrates the interest of society in alternative ways of solving criminal law disputes. The authors conclude that legal pluralism is natural for the area of criminal law due to the expressed compensatory tendency in the society’s perception of criminal liability. The penetration of compensatory elements into modern criminal law is assessed as a positive and only possible trend of further criminal law development.

scholarly journals No Straight Answer: Homophobia as Both an Aggravating and Mitigating Factor in New Zealand Homicide Cases

2006 ◽  
Vol 37 (2) ◽  
pp. 223 ◽  
Author(s):  
Elisabeth McDonald
Keyword(s):  
New Zealand ◽  
Criminal Law ◽  
Equal Protection ◽  
Gay Male ◽  
The Subject ◽  
Unwanted Sexual Advances ◽  
Mitigating Factor

This article discusses recent New Zealand homicide cases in which male defendants have sought to rely on the partial defence of provocation to excuse the killing of a man who allegedly made them the subject of unwanted sexual advances.  The author argues that at least in cases in which such claims are unsuccessful, reference should be made to section 9(1)(h) of the Sentencing Act 2002, which renders homophobia an aggravating feature in sentencing.  To the extent that section 9(1)(h) is not relied on, while provocation is successfully pleaded in some cases, the author concludes that gay male citizens are not afforded equal protection under the criminal law.

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