scholarly journals issues of interpretation of “health”, “pain” and “suffering” concepts in modern multidisciplinary science

2021 ◽  
Vol 5 (S4) ◽  
pp. 327-343
Author(s):  
Ihor Diorditsa ◽  
Kateryna Katerynchuk ◽  
Sergiy Kyrenko ◽  
Iryna Vasylkivska ◽  
Olha Bespal
Keyword(s):  
Detailed Analysis ◽  
Criminal Law ◽  
Forensic Medicine ◽  
Effective Means ◽  
State Level ◽  
Natural Rights ◽  
Human Values ◽  
Main Task ◽  
Pain And Suffering ◽  
Scientific Value

The research given is of great scientific value since the main task of any state is to protect natural human values, namely: life, health, will, honour, dignity, and other natural rights. Therefore, their defence and protection are carried out at the state level, especially by developing effective means aimed at systematic counteraction to criminal offences against the health of an individual. The doctrinal approaches on the limits of criminal law protection of person’s health, existing today, require a detailed analysis and generalization, as well as legal drawbacks in the construction of criminal law norms on liability for various types of encroachments on health and problems arising as a result of it at criminal law assessment of relevant socially dangerous acts. However, the discussion on terminology which is not only the achievement of criminal law subjects but also medicine, forensic medicine, psychology, etc., is still taking place between the researchers in various humanitarian sciences at national and international levels. First of all, these terms and categories are the determinants, and main studies in these areas are based on them.

Navigating the Complex Maze of Ethics CPE

2010 ◽  
Vol 10 (1) ◽  
pp. 88-104 ◽  
Author(s):  
Howard O. Rockness ◽  
Joanne W. Rockness
Keyword(s):  
Detailed Analysis ◽  
Ethics Education ◽  
State Level ◽  
Course Content ◽  
Complex Maze ◽  
Education Literature ◽  
Current State ◽  
Multiple State ◽  
Ethics Courses ◽  
Overall Effectiveness

ABSTRACT: This paper evaluates the current state of ethics CPE requirements for the CPA profession in the context of the ethics literature in philosophy, business, and accounting and documents the development of state-level ethics requirements for CPAs. It presents a detailed analysis of ethics CPE requirements by state including hours required, frequency required, acceptance of ethics CPE across state lines, and course content. The paper then proposes changes in the content of CPE-required ethics courses consistent with the ethics education literature and to reduce the complexity of meeting multiple state requirements. The recommendations would improve the overall effectiveness of ethics CPE for CPAs.

The Anatomy of Justice: Forensic Medicine and Criminal Law In Nineteenth-century Egypt

1999 ◽  
Vol 6 (2) ◽  
pp. 224-271 ◽  
Author(s):  
Khaled Fahmy
Keyword(s):  
Nineteenth Century ◽  
Rule Of Law ◽  
Criminal Law ◽  
Forensic Medicine ◽  
Justice System ◽  
Reform Process ◽  
Archival Material ◽  
Wide Range ◽  
The Common ◽  
Arabic Speaking

AbstractThe reform of the Egyptian criminal justice system in the nineteenth century traditionally has been viewed as forming an important step in the establishment of a liberal and just rule of law. By studying how forensic medicine was introduced into nineteenth-century Egypt, I argue that the need to exercise better control over the population and to monitor crime lay behind the reform process as much as liberal ideas borrowed from Europe did. Drawing on a wide range of archival material, both legal and medical, I analyze the role played by autopsy in the criminal system and argue that the practice of autopsy was viewed differentially by 'ulamā', by Arabic-speaking, French-educated doctors and by the mostly illiterate masses. And contrary to the common wisdom, I conclude that the "modernization" of the Egyptian legal system was intended not to displace the sharīa but to support it.

scholarly journals Kazne u Francuskom krivicnom zakoniku od 1810. godine

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 87-107
Author(s):  
Milica Marinkovic
Keyword(s):  
Detailed Analysis ◽  
Criminal Law ◽  
Original System ◽  
Penal Code ◽  
Penal System ◽  
Practical Application ◽  
Old Regime ◽  
Further Development ◽  
European Criminal Law ◽  
Partial Division

The author in the paper analyzes the penal system of the French Penal Code of 1810 (Code pénal de 1810), bearing in mind the influence this Code and its penal system had on the further development of French and European substantial criminal law. The fact that the Napoleonic Penal Code of 1810, with its later modifications and additions, remained in force for 184 years, speaks in favor of this. In this paper the penal system of the Code of 1810 is exhibited according to the original system of the Code. The tri‐partial division of both criminal acts and penalties was a novelty in the European criminal law. Given the fact that this was a Code promulgated 21 years after the Bourgeois revolution, the author compares the penal system of this Code to the penal system of the first revolutionary Penal code of 1791, but also with penalties that were used in the “Old regime” (Ancien régime). Based on the data published in bills and literature, the author gives a detailed analysis of all penalties contained in the Penal Code of 1810. Thereby, the key criminological problems caused by the practical application of these penalties is pointed out.

Prosecutors and their Legislatures, Legislatures and their Prosecutors

2021 ◽  
pp. 326-350
Author(s):  
Russell M. Gold
Keyword(s):  
Criminal Law ◽  
Separation Of Powers ◽  
State Level ◽  
Criminal Procedure ◽  
The State ◽  
Institutional Incentives ◽  
Fiscal Pressure ◽  
Meaningful Data ◽  
The Way

This chapter explores the often-pathological relationship between prosecutors and legislatures and considers fiscal pressure as an important antidote to the pathology. Institutional incentives between prosecutors and legislatures align in a way quite different than the classic separation of powers story. Rather, legislatures are well served to empower prosecutors as much as possible by making criminal law broad and deep. And with respect to substantive criminal law, prosecutors have been enormously empowered. Prosecutors are not merely passive recipients of such power but indeed actively lobby for it—often quite successfully. But fiscal pressures can provide a cross-cutting pressure for legislatures, particularly at the state level where many governments must balance their budgets. Thus, sentencing law sometimes finds legislatures refusing prosecutors’ requests for ever longer or mandatory minimum sentences because longer sentences are expensive; this is especially true where sentencing commissions provide legislatures with meaningful data on costs of particular proposals. Criminal procedure has recently found progressive prosecutors leading the way toward defendant-friendly reforms such as using unaffordable money bail less frequently and providing defendants with more discovery than is required by law. In these spaces, county prosecutors have provided laboratories of experimentation that led the way toward broader statewide reforms.

Privacy Factors for Successful Ubiquitous Computing

2010 ◽  
pp. 1408-1424
Author(s):  
Linda Little ◽  
Pam Briggs
Keyword(s):  
Ubiquitous Computing ◽  
Detailed Analysis ◽  
Social Engagement ◽  
Large Scale ◽  
New Technologies ◽  
Cost Benefit Analysis ◽  
Cost Benefit ◽  
Human Values ◽  
Large Scale Survey ◽  
The Impact

Certain privacy principles have been established by industry, (e.g. USCAM, 2006). Over the past two years, we have been trying to understand whether such principles reflect the concerns of the ordinary citizen. We have developed a method of enquiry which displays a rich context to the user in order to elicit more detailed information about those privacy factors that underpin our acceptance of ubiquitous computing. To investigate use and acceptance Videotaped Activity Scenarios specifically related to the exchange of health, financial, shopping and e-voting information and a large scale survey were used. We present a detailed analysis of user concerns firstly in terms of a set of constructs that might reflect user-generated privacy principles; secondly those factors likely to play a key role in an individual’s cost-benefit analysis and thirdly, longer-term concerns of the citizen in terms of the impact of new technologies on social engagement and human values.

Who Writes Criminal Laws? Actors, Values, and Institutions in Criminal Law-Making / Wer schreibt das Strafrecht? Akteure, Werte und Institutionen der Strafrechts-gesetzbegung

2014 ◽  
Vol 34 (1-2) ◽  
Author(s):  
Andrew Hammel
Keyword(s):  
Criminal Law ◽  
Structural Difference ◽  
State Level ◽  
The United States ◽  
Expert Control ◽  
Nation States ◽  
Historical Factors ◽  
Penal Law ◽  
The U.S ◽  
Law Making

AbstractThe responses of the U.S. and Europe to increased crime from the 1960s to the 1990s differed starkly: the U.S. enacted a punitive agenda, while penal polity and incarceration rates in Western (and Eastern) Europe remained gener­ally stable. To explain this divergence, many commentators invoke cultural or historical factors such as America’s ‘frontier mentality” or Calvinist religious heritage. This article proposes another focus: differing cultures of criminal law-making. During the Enlightenment, a pattern of expert control over penal law emerged in most European nation-states. The pattern still holds - even today, major changes to penal polity are still entrusted to groups of elite professors, jurists and senior civil servants, who create coherent codes covering the entire national territory. In the United States, no tradition of expert control took hold. Criminal law is made at the state level, there is little emphasis on logical code-drafting and shifting local majorities can pass new criminal laws almost at will This structural difference in who writes criminal laws has far-reaching effects not only on the how crime is defined, but on other factors such as public expectations of the criminal justice system and the values penal legislation is thought to express.

Euthanasia, pain relief and double effect

Legal Studies ◽  
1997 ◽  
Vol 17 (2) ◽  
pp. 323-342 ◽  
Author(s):  
David Price
Keyword(s):  
Palliative Care ◽  
Pain Relief ◽  
The Netherlands ◽  
Criminal Law ◽  
Double Effect ◽  
Active Euthanasia ◽  
Physical Pain ◽  
Hospice Movement ◽  
House Of Lords ◽  
Pain And Suffering

The law's overseeing of administrations of pain-relieving treatment with inevitable life-shortening consequences is of crucial significance in view of the dogmatic approach of English criminal law to active euthanasia. As Lanham states in respect of society's treatment of terminal physical pain:‘If the euthanasia option is not available, some other method will have to be found. In Britain and Australia that method involves palliative care and the hospice movement. By contrast, in the Netherlands active euthanasia is available and palliative care is poorly developed.’The recent prosecution in R v Cox made it abundantly clear that causing death in order to relieve a patient of further pain and suffering amounts to murder under current law. By contrast, knowingly shortening life through the administration of pain-killing drugs was recently declared to be lawful by Lord Goff in the House of Lords in Airedale NHS Hospital Trust v Bland.

scholarly journals ACCOUNTING AND ANALYTICAL SUPPORT OF REGISTRATION OF OWNERSHIP RIGHT FOR INNOVATION PRODUCT

2022 ◽  
Vol 4 (28) ◽  
pp. 48-55
Author(s):  
Alla Fatenok-Tkachuk ◽  
Olena Akymenko ◽  
Zoryana Gavrilyuk
Keyword(s):  
Intellectual Property ◽  
Driving Force ◽  
Science And Technology ◽  
Effective Means ◽  
Main Task ◽  
Innovation Development ◽  
Know How ◽  
Innovation Product ◽  
Enterprise Innovation ◽  
Innovative Potential

Abstract. Intellectual property objects are the driving force in the development of science and technology.  The problem of accounting of intellectual property objects in the context of attribution of authorship on someone else's development and application of effective means of protection of innovation product in conditions of unfair competition is actualized.   The main task of the enterprise innovation development is to form its accounting and analytical support, which should help to expand the possibilities of forming and using their innovative potential, that is why the work is urgent and timely.  Systematized accounting accounts and typical holding, which can be used for purchase and sale of licenses.  The analysis of introduced innovations and patents was carried out.  The reasons of decrease of the number of registered objects of intellectual property were revealed.  The focus is on know-how as an object of intangible assets and the main forms of documentary confirmation of the introduction and disposal OF the object ON are systematized. Methodological recommendations on patent registration have been developed.

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