scholarly journals The position of victims in Serbia: Criminal procedure and possibilities of restorative justice

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Sanja Copic

In the paper, the authors deal with the victim"s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim"s position in Serbia, on the other one. In the first part of the paper, the authors point out victim"s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim"s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim"s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Gabi Reinmann

Bardone and Bauters suggest a re-conceptualization of design-based research using the classical term "phronesis" and question some methodological developments referring to the role of intervention and theory in design-based research. This discussion article is a comment on the text of Bardone and Bauters and pursues two aims: On the one hand the term “phronesis” is connected to the traditional concept of “pädagogischer Takt” (literally: “pedagogical tact”) to stimulate a joint discourse of both traditions. On the other hand, two main suggestions of Bardone und Bauters are critically examined, namely their proposal to conceptualize intervention in design-based research exclusively as an action, and their call for deriving generalizations via experiences instead of theories. The discussion article finally argues for maintaining the integrative power of design-based research by avoiding one-sided interpretations.  


2019 ◽  
Vol 16 (2) ◽  
pp. 219-238
Author(s):  
Nikos Vergis

AbstractDoes having a communicative role other than the speaker’s make a difference to the way pragmatic meaning is construed? Standard paradigms in interpersonal pragmatics have implicitly assumed a speaker-centric perspective over the years, however modern approaches have re-considered the role of listener evaluations. In the present study, I examine whether assuming different communicative roles (speaker, listener, observer) results in varying interpretations. A web-based experiment revealed that participants who took the perspective of different characters in short stories differed in the way they interpreted what the speaker meant. In most cases, participants in the role of the listener interpreted speaker meaning in more negative ways than participants in the other roles. The present study suggests that the directionality of the difference (negative inferences under the listener’s perspective) could be explained by taking into account affective factors.


2016 ◽  
Vol 4 (4) ◽  
pp. 367-384 ◽  
Author(s):  
Thomas Birkner ◽  
Daniel Nölleke

Using the concept of mediatization, in this article, we analyze the relationship between sport and media from a sport-centered perspective. Examining the autobiographies of 14 German and English soccer players, we investigate how athletes use media outlets, what they perceive as the media’s influence and its logic, and—crucially—how this usage and these perceptions affect their own media-related behavior. Our findings demonstrate the important role of the media for the sports systems from the athlete’s point of view and demonstrate the research potential of mediatization as a fruitful concept in studies on sport communication. On the one hand, the sport stars reflect in their autobiographies that their status and income depend on media coverage; and on the other hand, they complain about the omnipresence of the media, especially offside the pitch and feel unfairly treated by the tabloid press, both in England and in Germany.


2013 ◽  
Vol 13 (1) ◽  
pp. 271-284 ◽  
Author(s):  
Suren Basov ◽  
M. Ishaq Bhatti

AbstractMost research in contract theory concentrated on the role of incentives in shaping individual behavior. Recent research suggests that social norms also play an important role. From a point of view of a mechanism designer (a principal, a government, and a bank), responsiveness of an agent to the social norms is both a blessing and a curse. On the one hand, it provides the designer with extra instruments, while on the other it puts restrictions on how these new and the more conventional instruments can be used. The main objective of this paper is to investigate this trade-off and study how it shapes different contracts observed in the real world. We consider a model in which agent’s cost of cheating is triggered by the principal’s show of trust. We call such behavior a norm of honesty and trust and show that it drives incentives to be either low powerful or high powerful, eliminating contracts with medium powerful incentives.


2012 ◽  
Vol 8 (3) ◽  
pp. 64-87
Author(s):  
Anabela Pereira

The aim of this article is to demonstrate how body-representations offer an opportunity for its visual interpretation from a biographical point of view, enhancing, on the one hand, the image’s own narrative dynamics, and, on the other, the role of the body as a place of incorporation of experiences, as well as, a vehicle mediating the individual interaction with the world. Perspective founded in the works of the artists Helena Almeida and Jorge Molder, who use self-representation as an expression of these incorporated (lived) experiences, constitutes an important discursive construction and structuring of their narrative identity through visual creation, the artists enable the other with moments of sharing knowledge, creativity and subjectivity, contributing also to the construction of the contemporary, cultural and social imagery.


2015 ◽  
Vol 10 (1) ◽  
pp. 7-23
Author(s):  
Katarzyna Ruchel-Stockmans

Abstract This article offers an analysis of Videograms of a Revolution (1992) by Harun Farocki and Andrej Ujica and The Pixelated Revolution (2011) by Rabih Mroue, which both reflect on the role of amateur recordings in a revolution. While the first deals with the abundant footage of the mass protests in 1989 Romania, revealing how images became operative in the unfolding of the revolution, the second shows that mobile phone videos disseminated by the Syrian protesters in 2011 respond to the desire of immediacy with the blurry, fragmentary images taken in the heart of the events. One of the most significant results of this new situation is the way image production steers the comportment of people involved in the events. Ordinary participants become actors performing certain roles, while the events themselves are being seen as cinematic. This increased theatricality of mass protests can thus be seen as an instance of blurring the lines between video and photography on the one hand and performance, theatre and cinema on the other.


Author(s):  
Natalya N. Rostova

The article examines the work of Vasily Polenov. The author presents Polenov’s artistic path as the dramatic choice between what is commonly called genre and landscape painting. From the philosophical point of view, the problem consists in concept of understanding art. On the one hand, the essence of art can be reduced to «what», to writing a story, a big sense. On the other hand, art can be understood as «painting for painting’s sake». In this sense, the tension in Polenov’s work arises between the paintings «Moscow Courtyard» and «Christ and the Sinner». The author notes that the way out of this dilemma is to understand art as the subject that reflects the non-objectifiable and devoid of anything essence. The article analyzes the philosophical meaning of Polenov’s paintings of the gospel cycle and provides a philosophical analysis of the artist’s nostalgic paintings. The author comes to the conclusion that Polenov’s paintings are the form that establishes an emotionally experiencing human being


AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 193-198 ◽  
Author(s):  
Pablo Kalmanovitz

In recent debates about the interplay between international humanitarian law (IHL) and human rights law (IHRL), two broad camps have emerged. On the one hand, defenders of what may be called the convergence thesis have emphasized the inclusion of basic rights protections in the so-called “Geneva instruments” of IHL, as well as the role of human rights bodies in interpreting and amplifying rights protections in IHL through juridical or quasi-juridical interpretation and pronouncements. In armed conflicts, it is said, human rights apply concurrently and in ways that strengthen the protective constraints of IHL. Critics of the convergence thesis, on the other hand, have protested that pressing human rights obligations on state forces misunderstands the nature of both IHL and IHRL, and generates misplaced and impossibly onerous demands on belligerents—ultimately and perversely, the effect of emphasizing convergence may be less, not more, human rights protection.


2012 ◽  
Vol 21 (2) ◽  
pp. 119-135 ◽  
Author(s):  
Dany Badran

One of the most intriguing questions in both stylistic and rhetorical analyses relates to determining textual effect on readers, aesthetic or otherwise. Whether the power of the text is directly associated with the role of the text producer and his or her intentions, the linguistic, paralinguistic, extralinguistic and situational context of the text, the background and socio-cognitive expectations of the reader, or a combination of some or all of these factors (or other factors) is a question that is still the subject of stylistic and rhetorical analysis today. This article is a further step in this direction. It attempts to investigate one dimension of textual effect, namely uniformity in reader reaction to an argumentative poem entitled Dinner with the Cannibal, by focusing on the roles that genre and metaphor play in ideologically positioning readers. It argues, on the one hand, that literature is the dominant genre in this hybrid literary-argumentative poem, channelling the readers’ initial interpretations almost exclusively in the interest of more traditional literary interpretative approaches. On the other hand, and more importantly, it focuses on the role that metaphor, as a cognitive link between text producer and reader, plays in the construction of an extremely controlled, uniform interpretation of the argumentative dimension to the poem. The overall effect of the way genre and metaphor function in this argumentative poem, it is concluded, is highly ideological.


2014 ◽  
Vol 68 (6) ◽  
Author(s):  
Marie Krappmann

This article deals with, from a contrasting point of view, the linguistic means that amplify the applicability of the lexical predicate in argumentation processes. The theoretical basis consists of the works of Anscombre and Ducrot, which have treated the specific role of linguistic modifiers in argumentation processes since the 1970s, as well as a comprehensive study by Atayan (2006). Special attention is devoted to the modificateurs surréalisants (M.S.) defined by Negroni (1995). In everyday communicative situations, these modifiers obviously behave differently from modificateurs réalisants (M.R.) and modificateurs déréalisants (M.D.) – the two groups described by Ducrot. First, the composition as a possibility to realise M.S. in German is analysed in connection with the analysis of the Czech prefix pře- in the role of M.S. and further the suffixes -ánsk(ý), -anánsk(ý), -it(ý), -ostn(ý) in the role of M.S., and their equivalents in German are discussed. Lastly, diminuation as a potential means to express M.S. in both languages is presented in more detail. In the comparative analysis of the selected linguistic realisations of this specific group of argumentative modifiers, the samples proposed by Negroni are critically discussed on the one hand, and on the other, the potential of argumentation-oriented analyses for translation science is presented.


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