scholarly journals Categories of the general, special and individual in criminal law: semantic analysis

Author(s):  
Egor Alekseevich Kulikov

The subject of this research is the patterns of interaction between the categories of subjective dialectics and the fundamental concepts of the Russian criminal law. Criminal Law relies on the language structures, thus the article is dedicated to the linguistic aspects of the categories of general, special and individual. Certain attention is given to the analytical philosophy and analytical jurisprudence. The linguistic turn in gnoseology and epistemology of the middle of the XX century pointed out the linguistic aspects of various texts and justified the need for its research, since language and communication comprise the framework of human interaction, as well as determine the content and development of social relations. A substantial number of research, including on criminal law, are dedicated to the language of law and legislative linguistic systematics. The article explores the lexical meaning of the words “general”, “individual”, “particular” "separate", “separate”, “isolate”, “generalize”, and reveals their content from the perspective of etymology, word formation, and synonymy. Emphasis is also placed on the meaning of target terms in the social sphere. The question on the categories of dialectics in criminal law is raised very rarely; the indicated categories of the general, special and individual are virtually unstudied. Through the prism of linguistics, these categories cannot always be distinguished from each other, but rather overlap in content. Therefore, a single semantic characteristic is insufficient for determining their legal aspects, i.e. manifestations in the sphere of jurisprudence; it can only be considered as a stage of research. Semantic aspects of the categories set benchmarks for clarification of their philosophical and special scientific content, interpret possible variants of linguistic usage, and define its boundaries. Language characteristic helps to determine the research scope, in other words, demarcate it from the cognate concepts and terms at the initial stage of research. In the process of interpretation of criminal law, the leading methods are lexical and systemic, which allows most accurately grasp the essence of legal instructions.

The article reveals the essence of an Ancient Greek adjective as a separate part of speech. Thus, the substantive nature of an adjective was examined, including the historical process of its separation as an independent part of speech, with a consequent emphasis on the inseparability of adjectives and nouns by external signs in Ancient Greek. The analysis of the Greek adjectives was made on the grounds of their semantics, morphological features, syntactic functions. The semantic analysis was based on the studying of such concepts as the categorial, word-building and lexical meaning. The categorial meaning is the attribution of an adjective. The smaller semantic-grammatical groups (qualitative, relative and possessive adjectives) were learnt with regard to word formation and lexical motivation. Word-building and lexical meanings were studied basing on the division of adjectives into primary units and derivatives. The meaning of a derivative is interpreted both: due to the analysis of its structure (paying a special attention to the compound units, which are mainly formed on the basis of word combinations), and due as to the relation (strong, weak, metaphorical) of the general meaning of a derivative with the meaning of its components. The word-formation meaning of such units, therefore, is syntagmatic. Their lexical semantics depend also on the context. The basic morphological categories of genus, number and case of a Greek adjective simultaneously indicates its semantic dependence on a noun. The category of degrees of comparison was analyzed on terms of morphological means and such syntactic features as left/right-side valence. The main primary (an attribute) and the secondary (as a predicative) syntactic adjective functions are equally realized in preposition or postposition to the noun in Ancient Greek.


2019 ◽  
Vol 8 (2) ◽  
pp. 3964-3971 ◽  

The impact of technologies, fundamental to industrial revolutions, on the development of legal approaches to the regulation of social relations changing during their widespread use, is considered in this article. It is shown that the well-known technological revolutions did not pass without leaving a trace and led to fundamental changes in public life. The economic and social factors that influenced the regulation of social relations are analyzed; the legal consequences of three technological revolutions are revealed. Theoretical and legal aspects of the formation of individual branches of legislation are studied. The thesis that the interaction between a person and the technologies (technical means) of the three industrial revolutions was limited to the unilateral mechanical use of these means according to the needs of society is proposed and substantiated. The current state of technological development suggests that the world has entered a new era. The impact on the social relations of artificial intelligence, robots, the Internet of things, advanced materials, additive production and multidimensional printing, bio- and neurotechnologies, virtual and augmented reality will only increase. These technologies will lead to new, different from all that was before, ways of human interaction with technical means. Three prospective ways of human interaction with the technologies of the fourth industrial revolution have been analyzed by the authors: coexistence (a technical tool is able to fully communicate with a person), relationships (a technical tool plays the role of an assistant in certain areas) and mergers (digital and mechanical elements are fully integrated into a biological subject). Some of the risks to society, possible with these methods of interaction, are described. The need to develop regulatory frameworks able to create conditions for the successful introduction of advanced technologies and minimize their negative consequences is justified


2020 ◽  
pp. 144-148
Author(s):  
O. B. Kapustin

The purpose of the article is the scientific consideration and legal analysis of intent as a part of a crime. Intent is a legal category known in law. According to the Criminal Code of Ukraine, an act committed with direct intent or indirect intent is recognized as a crime committed intentionally. It is known that vast majority of crimes stipulated by the criminal law is premeditated crimes. The vast majority of crimes committed in real life is also premeditated crimes. Premeditated crimes are the most dangerous crimes, and because of this, most attention of law enforcement officers is focused on them, causing the greatest public outrage. Relevance of the topic: Analysis of the latest research and publications. In spite of this, in my opinion, the matter of intent is not quite largely highlighted in the domestic scientific literature. For the past 25 years, there has been virtually no domestic research at the dissertation and monograph levels devoted to study of the intent. There are only fragmentary references to this notion in cases of exploring different topics. A similar situation is typical for scientific articles. Therefore, specific coverage of this issue is a gap in modern science and has scientific novelty. This article is intended to fill this gap. The article deepens the doctrine of intent as a part of a crime. It is stated in the article that the overwhelming majority of crimes, stipulated by the rules of criminal law, are premeditated crimes. It is noted that the initial stage of the crime is formation of intent, which, at the initial stage often does not have any external manifestation. It is established in the article that the formation of intent and its detection in the obligatory presence of at least one of the following stages in development of criminal activity should be attributed to the non-punishable stages of development of the crime. This article does not cover all legislative and legal aspects of the intent. The prospect of further research is, in particular, the problem of adequate legislative reflection of the danger of intent. I consider it necessary to continue research in the field of the moment of intent.


Author(s):  
Elena S. Savina

The present article is devoted to the determination and analysis of the legal terms Marcel Proust uses to characterize different situations of bourgeoisie’s everyday life at the beginning of the second volume of his novel “In Search of Lost Time” (“À la recherche du temps perdu”) “In the Shadow of Young Girls in Flower” (“À l’ombre des jeunes filles en fleurs”). We shall apply the methods of lexical and semantic analysis as well as the methods used in stylistics, particularly in the theory of figures of speech (namely, Georges Molinié’s theory of macrostructural and microstructural figures of speech). We have identified a number of legal terms pertaining to the judicial process (“procès”, “juger la cause”, “erreur judiciaire”), the administrative (“notification”, “commissaire-priseur”) and civil law (“régime matrimonial”), the constitutional (“républicain”) and criminal law (“crime”, “criminel”) the author resorts to in order to describe different social situations. Thus, we have contributed to the studies of Marcel Proust’s language and style, the elements of his poetics being largely unexplored by the linguists despite a large number of books and papers on the writer and his works. We have analyzed special vocabulary through the theory of figures of speech, particularly legal terms that the author utilizes to represent the domains that are far away from those of law, such as art (theatre and literature) and all kinds of human and social relations in the bourgeois society. For example, the evaluation of Berma’s acting by the spectators and the estimation of Marcel’s literary aspirations are represented as a trial. Marquis Norpois’s aristocratic coldness and arrogance are described with the terms of administrative judicial procedure. In his pretentious speech, he uses a hyperbole based on a term of criminal law. His conservative political views are also represented through a term of constitutional law. Marcel’s attempts to get to know Gilberte’s family better are perceived by him as an unfair trial and, at the same time, as a crime. The term of the domain of the civil law indicates the importance of some types of social relations, particularly marriage, in the eyes of emerging bourgeoisie. Thereby, using legal terms from multiple branches of law as a part of different macrostructural and microstructural figures of speech, Marcel Proust in his novel describes different social relations, processes and phenomena.


2020 ◽  
Vol 9 (4(73)) ◽  
pp. 29-33
Author(s):  
N.S. Bagdaryyn

The article continues the author's research on the toponymy of the North-East of the Sakha Republic, in particular the Kolyma river basin, in the aspect of the interaction of related and unrelated languages. The relevance of this work is defined in the description of local geographical terminology of Yukagir origin, as a valuable and important material in the further study of toponymy of the region. For the first time, the toponymy of the Kolyma river basin becomes the object of sampling and linguistic analysis of toponyms with local geographical terms of Yukagir origin in order to identify and analyze them linguistically. The research was carried out by comparative method, word formation, structural, lexical and semantic analysis. As a result of the research, phonetic and morphological features are revealed, the formation of local geographical terms and geographical names of Yukagir origin is outlined, and previously unrecorded semantic shifts and dialectisms are revealed. The most active in the formation of terms and toponyms is the geographical term iилil / eҕal 'coast‘, which is justified by the representation of the Yukagirs’ coast' home, housing


Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies


Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.


2021 ◽  
pp. 34-41
Author(s):  
Mohamed Hamada ◽  
Daniya Temirkhanova ◽  
Diana Serikbay ◽  
Sanzhar Salybekov ◽  
Saltanat Omarbek

The main objective of the research is identifying the effectiveness of artificial intelligence in the business sphere of Kazakhstan. The urgency of this problem is due to the fact that the Kazakhstani market for artificial intelligence is at the initial stage of development. The main obstacle to the introduction of artificial intelligence is the unpreparedness of managers of small and medium-sized businesses for the application of artificial intelligence technologies and, of course, the high cost of their implementation. In the study, we proceeded from the key thesis that business in Kazakhstan is striving for digital transformation. We set a goal to determine the attitude and degree of readiness of Kazakhstani business to the implementation and practical application of artificial intelligence, to describe the cases of using artificial intelligence by Kazakhstani business, to identify the main questions that arise in business at this stage, to study the legal aspects of using artificial intelligence in business and to present the big picture compliance / inconsistency of the existing legal framework with the goals and objectives of the development of artificial intelligence, provide recommendations for eliminatinge xisting barriers and stimulating businesses to implement the technology. Within the framework of this study, the concept of artificial intelligence is defined in its broadest sense - as a set of technologies for processing various types of data and information, in particular those capable of interpreting such data, extracting knowledge and using it to achieve certain goals.


2020 ◽  
pp. 39-71

This article describes the derivational potential of root word combinations belonging to the noun, adjective and verb groups in the English and Uzbek languages and their grammatical functional features on the basis of comparative-typological, comparative and distributive methods at the lexical and syntactic levels of the language. Structural models of derivation of verbs, nouns and adjectives in the English and Uzbek languages and their features are considered based on component analysis, as well as morphological factors that ensure the completeness of derivation, their distinctive and similar features in both languages, the role and importance in the formation of verbal compounds is analyzed in detail. The article also identifies the factors that ensure the transposition of root verbs, nouns and adjectives in English and Uzbek, and describes their structural-functional and contextual-semantic analysis at the required level. Until today’s period of development of linguistics, many problematic processes related to the language system have been studied and researched. This situation can be observed both in the context of world linguistics and in the context of Uzbek linguistics. Linguistics, like all sciences, is constantly evolving. Due to this, it is natural that there are still problematic processes in this sphere today. The fact that the phenomenon of derivation less researched in the context of root words can be related to such problems, because in both English and Uzbek linguistics the problem of derivation of root words is not studied at the required level. Any new word that exists in a language takes its initial form from speech, and thus the speech dependence of the word formed ends, because the next life of a derived word goes on in a language. That is, the derived word takes its place in the paradigm of its own analogical forms after being tested in social speech activity for a certain period of time. Only derivatives that have fully passed such tests will receive the status of a language unit and, like their other paradigms, will begin to function as a means of enriching the language with new constructions. It is well known that the derivational sequence of linguistic units cannot be fully understood only on the basis of grammatical research, because word formation in its extralinguistic basis is a product of speech activity. Since related words are considered not as a finished product of the language, but as a product of speech, since they are artificial words, in speech they are activated only in the form in which they are adapted for communication. In some places, depending on the need for speech, we can also observe cases where two or more related words are involved in the process of communication or in context. In this article, the works of English and Uzbek writers are selected as a source, as well as the degree of influence of the speech situation of both languages on the choice of words is studied and scientifically substantiated on the examples taken for analysis. As a result of syntactic-semantic analysis of root word combinations in the English language, on the basis of a detailed analysis, it was shown that root words can be combined with other words in speech, forming various models.


2020 ◽  
Vol 12 (4) ◽  
pp. 400-410
Author(s):  
Fedosia M. Lelkhova

Introduction. The vocabulary of the plant world of the Khanty language contains a significant amount of information, closely connected with ethno-mentality, ethnography and thinking of the people. In this regard, the study of vegetation seems to be one of the most interesting layers of the vocabulary, since it reflects the degree of practical and cultural development of the surrounding nature. The purpose of the article is to establish the lexical and semantic features of the nominations of wild-growing herbs, the definition of dialectal features. The aim of the research is to identify the nominations of herbs with the greatest possible completeness, to establish the lexical meaning of each name in dialects of the language. The relevance of the topic is determined by the research interest to the study of differences between the dialects in the theoretical and practical terms; the attention recently been paid to folk spiritual and material culture; and the loss of certain plant names in the modern Khanty language. Materials and Methods. The study uses a set of methods and techniques for analyzing linguistic material: the method of semantic classification, lexical-semantic analysis, word-formation, linguistic-geographical analysis, as well as the elements of etymological analysis. The description is the main method for studying names of the plants. The source of the material is based on the vocabulary of the Khanty language, which was collected during field work; the source of Eastern dialects was the materials contained in lexicographic publications. When collecting the lexical material, the observation was conducted mainly on the speech of representatives of the older generation, as well as the people who have a traditional way of life, who retain the patterns of active spoken language. At the same time, not only facts that are in the active vocabulary of speakers were recorded, but also the words related to the passive vocabulary, which native speakers use only in conversations and sharing the memories of the past. Results and Discussion. The study of dialectal material based on the names of plants in the Khanty language is of great research interest. The life of the Khanty people since ancient times is closely connected with nature, the vocabulary of the plant world covers almost all spheres of economic activity of the Khanty, thereby making up a significant part of their vocabulary. In Khanty linguistics, this vocabulary has not yet been the subject of a special and detailed study, which makes it an urgent research task for today. The article identifies the signs that underlie the motivation of plant names and highlights the borrowed words. Conclusion. The collected vocabulary tells about the richness and vastness of phytonymic vocabulary of the Khanty language. The authors collected about 50 Khanty names of wild herbaceous plants in the Northern and Eastern dialects of the Khanty language. As a result of the research, new lexemes were identified and described, and the interpretation of the semantics of lexemes was clarified. Late borrowings of Russian origin are recorded. It was found that some dialect words are not actively used in the modern Khanty language. In flora vocabulary, the diversity and multiplicity of the nomination principles was revealed.


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