scholarly journals Legal Justice and Historical Aspects of the Appearance of Criminality

2015 ◽  
Vol 1 (3) ◽  
pp. 79
Author(s):  
Mevledin Mustafi

Criminality as a negative and dangerous social phenomenon presents a social occurrence manifested in different forms during the entire course of human history. Historically, it has been proved that since the ancient times of existence of human society, since primitive community, there have been not only deviations, but also other forms of excessive behavior through breaking the rules, values and social relations of life where they existed. However, the forms of breaking such behavioral rules and the manner of reaction towards these behaviors have changed during the course of development of human communities in accordance to economic ties and as a result also to those cultural. With time passing and the emergence of classes in societies, as well as due to the influence of economic conditions in the life of all members of organized society within a state, crime became a more massive social phenomenon. Thus, in order to successfully develop the fight against it, within class societies emerged a special instrument: the law through which certain behaviors were regulated.

2015 ◽  
Vol 3 (1) ◽  
pp. 79
Author(s):  
Mevledin Mustafi

Criminality as a negative and dangerous social phenomenon presents a social occurrence manifested in different forms during the entire course of human history. Historically, it has been proved that since the ancient times of existence of human society, since primitive community, there have been not only deviations, but also other forms of excessive behavior through breaking the rules, values and social relations of life where they existed. However, the forms of breaking such behavioral rules and the manner of reaction towards these behaviors have changed during the course of development of human communities in accordance to economic ties and as a result also to those cultural. With time passing and the emergence of classes in societies, as well as due to the influence of economic conditions in the life of all members of organized society within a state, crime became a more massive social phenomenon. Thus, in order to successfully develop the fight against it, within class societies emerged a special instrument: the law through which certain behaviors were regulated.


2021 ◽  
pp. 8-28
Author(s):  
Gheorghe Avornic ◽  
◽  
Violeta Cojocaru ◽  
Iulian Moraru ◽  
◽  
...  

The division of the entire system of law into public law and private law comes from ancient times, which we have referred to in several previous personal publications. In this article we will analyze the evolution of private law in the Republic of Moldova. Private law constitutes one of the fundamental subdivisions of the science of law as a whole. At the level of the Republic of Moldova, the subdivision in question represents a distinct specific in the context that: (i) it is stratified into numerous branches of law and (ii) it constitutes a symbiosis of several national, supranational and international private legislations that correspond to modern trends of evolution of related social relations. One of the main branches of domestic private law is civil law, namely the rules tangent to the branch of law in question regulate a considerable number of social relations varied in terms of structure and content. This article will briefly address evolutionary-historical aspects of the private law legislation of the Republic of Moldova. In particular, we will analyze the influence of the Model Civil Code of the CIS States, on the one hand, and European legislation, on the other. Historical aspects will be divided into three periods.


2020 ◽  
Vol 1 (1) ◽  
pp. 42-53
Author(s):  
Gamze Şenyayla

Cultural and religious heritage, which has been important in understanding social relations throughout human history, appears with its differentiating profiiles in today's modern world. After long years of woodworking, Tahtacıs have settled down and gained a new life look with their cultural characteristics. There are few studies in the literature about the profiles of Tahtacıs, who made a living by woodworking in the past, in direct proportion to processes such as modernization and urbanization. Within the scope of the study, the current lifestyles, traditions, and cultures of Tahtacıs, together with their problems and expectations will be examined through the data obtained from the regions where they live. Based on this, Elmalı Akçaeniş Village and Manavgat Gültepe Neighborhood, both of which have Tahtacı population in Antalya province, have been determined as field of study. The study was designed with a qualitative research design and the data were obtained using interview and participant observation techniques. The data are handled comparatively in terms of identity, religion, social relations, economic characteristics, and spatial contexts. According to the results of the study, it was found that the social ties of Tahtacıs were weakened and their traditions, customs and lifestyles changed along with their socio-economic conditions.


2021 ◽  
Author(s):  
Kateryna Naumchuk ◽  
◽  
Tetiana Trosteniuk ◽  

The article considers the historical aspects of the development of corruption from ancient times to the present. The study analyzed the existing views of various thinkers on this negative phenomenon. The study found that the analysis of corruption as a negative social phenomenon is not possible without a study of its historical past, the accumulation of knowledge to understand the preconditions for its emergence and spread in a given area. The study of historical aspects of the development of corruption contributes to a more objective adaptation to change and helps to more accurately predict the fight against this phenomenon in the future. During the analysis of historical aspects of anti-corruption policy development, they tried to investigate the main origins of this non-agent phenomenon, its evolution, the nature of its origin, because the study of historical experience will contribute to positive changes in today's conditions. The study found that all mentions of corruption as a negative socio-economic, political, legal and moral phenomenon that arises as a result of inefficient use of civil servants. The writing of the article is based on the hypothesis that the historical aspects of the development of anti-corruption policy need to be deepened and objectively assess the connection between the past and the present, predicting the future. The evolution of corruption is an integral part of the evolution of countries, which has contributed to the transformation of bribery into a system of complex phenomena, not only local but also global. The study of genesis, its scientific understanding through the historical aspects of development in society will contribute to the formation of objective conclusions, avoiding the existing mistakes of the previous generation, through the use of experience. The study of historical aspects of anti-corruption policy is relevant due to the urgent need to identify and improve modern mechanisms to prevent the emergence and spread of this complex negative social phenomenon, given its complex and long history of development, which has some differences in different countries but has the same social-political and economic consequences.


2019 ◽  
Vol 8 (3) ◽  
pp. 74-88 ◽  
Author(s):  
Bill McClanahan ◽  
Tatiana Sanchez Parra ◽  
Avi Brisman

In 2016, Colombia’s left-wing guerrilla FARC-EP (Fuerzas Armadas Revolucionarias de Colombia—Ejército del Pueblo) began demobilisation. While demobilisation and the ensuing peace accords brought renewed hope that the country could imagine different political and social relations—and new ecological and economic conditions—multinational corporations filled the ‘void’ left by FARC-EP forces. Corporate interests in Colombia’s natural resources predated the demobilisation. However, extractive processes were restricted by the dynamics of the armed conflict. In 2016, immediately following the demobilisation, deforestation in Colombia jumped 44 per cent. In the transitional demobilisation period, huge swaths of the country were opened for economic development. Thus, while the environment is often a victim in armed conflict, in Colombia, conflict contributed to the preservation of some areas. Among the forms of development that have emerged in Colombia, ‘ecotourism’ has risen quickly to the fore. While ecotourism may offer some promise, it should be viewed with caution.


Author(s):  
Alexandru Trifu ◽  
Loredana Terec-Vlad

The human society evolves and develops according either to intrinsic (natural) laws and to so-called laws of motion imposed by the challenges, impulses, came from the actions of different components of it.The analysis conducted in this paper is considered as a precursor of the sequences of the human activities, or humanity general speaking, from ancient times, through the present times and towards the new trends in the theory of knowledge, in the manner of the discovery of what is "beyond’ ("trans”) humanity and the implications in the day-to-day life.Even this process is declining today, it is very important, not only for the pastoral and rural traditions, but also for the health status of population. Eco and bio-products from healthy livestock, living in healthy natural environment, that is on way to go in order to preserve life and health of the people.We’ve questioned also aspects of the superior level of transhumance: people migration, as a pulse motion and its impact on the daily facts and even some remarks on the refugees as ultimate stage of the migration (with intention to establish and work in the new locations).


2021 ◽  
Vol 35.5 ◽  
pp. 62-82
Author(s):  
Oleg A. Matveychev

The author of the article makes the attempt to explain the evolution of liberalism and even broader, of human history not through the evolution of the notion of freedom, that became the philosophic mainstream already at the time of Hegel and was convenient for liberalism itself, but on the basis of the notion of power analysis that is interpreted by the liberals as opposite to freedom. Proceeding from the linguistic and political history data, the author demonstrates the multi-components character of the notion of power that is interpreted as: 1) some intriguing and “charming” authority ensuring harmony and order; 2) the source of legal violence; 3) the promise of advantages that leads to voluntary assuming certain responsibilities; 4) dependence on the source of want satisfaction; 5) passion, irrational dependence. The present notion of power structure is coherent to the Varna system specific for Indo-European nations; each Varna has its own, specific only for it, understanding of power. In various epochs and in various societies we find a specific governing notion of power. So, in Russia since ancient times the worldview of Kshatriyas prevailed and it still determines to a large extent its civilizational specifics. The classic western liberalism was characterized by the Vaishyas ideology dominance, i.e. the bourgeois class; on the contrary modern liberalism, libertarianism share the world view of the “classless society” of the Dalits (“gone astray”), whose dominance deprives the world of controllability and destructs all vertical hierarchy. The way out of the universal crisis is possible only on the basis of new historical grounds that will become, according to Heidegger, “the new beginning of history”.


2009 ◽  
Vol 74 (4) ◽  
pp. 529-550 ◽  
Author(s):  
Paromita Sanyal

Can economic ties positively influence social relations and actions? If so, how does this influence operate? Microfinance programs, which provide credit through a group-based lending strategy, provide the ideal setting for exploring these questions. This article examines whether structuring socially isolated women into peer-groups for an explicitly economic purpose, such as access to credit, has any effect on the women's collective social behavior. Based on interviews with 400 women from 59 microfinance groups in West Bengal, India, I find that one third of these groups undertook various collective actions. Improvements in women's social capital and normative influence fostered this capacity for collective action. Several factors contributed to these transformations, including economic ties among members, the structure of the group network, and women's participation in group meetings. Based on these findings, I argue that microfinance groups have the potential to promote women's social capital and normative influence, thereby facilitating women's collective empowerment. I conclude by discussing the need for refining our understanding of social capital and social ties that promote normative influence.


Author(s):  
Lee Artz

Cultural studies seeks to understand and explain how culture relates to the larger society and draws on social theory, philosophy, history, linguistics, communication, semiotics, media studies, and more to assess and evaluate mass media and everyday cultural practices. Since its inception in 1960s Britain, cultural studies has had recognizable and recurring interactions with Marxism, most clearly in culturalist renderings along a spectrum of tensions with political economy approaches. Marxist traditions and inflections appear in the seminal works of Raymond Williams and E. P. Thompson, work on the culture industry inspired by the Frankfurt School in 1930s Germany, challenges by Stuart Hall and others to the structuralist theories of Louis Althusser, and writings on consciousness and social change by Georg Lukács. Perhaps the most pronounced indication of Marxist influences on cultural studies appears in the multiple and diverse interpretations of Antonio Gramsci’s concept of hegemony. Cultural studies, including critical theory, has been invigorated by Marxism, even as a recurring critique of economic determinism appears in most investigations and analyses of cultural practices. Marxism has no authoritative definition or application. Nonetheless, Marxism insists on materialism as the precondition for human life and development, opposing various idealist conceptions whether religious or philosophical that posit magical, suprahuman interventions that shape humanity or assertions of consciousness, creative genius, or timeless universals that supersede any particular historical conjuncture. Second, Marxism finds material reality, including all forms of human society and culture, to be historical phenomenon. Humans are framed by their conditions, and in turn, have agency to make social changing using material, knowledge, and possibilities within concrete historical conditions. For Marxists, capitalist society can best be historically and materially understood as social relations of production of society based on labor power and capitalist private ownership of the means of production. Wages paid labor are less than the value of goods and services produced. Capitalist withhold their profits from the value of goods and services produced. Such social relations organize individuals and groups into describable and manifest social classes, that are diverse and unstable but have contradictory interests and experiences. To maintain this social order and its rule, capitalists offer material adjustments, political rewards, and cultural activities that complement the social arrangements to maintain and adjust the dominant social order. Thus, for Marxists, ideologies arise in uneasy tandem with social relations of power. Ideas and practices appear and are constructed, distributed, and lived across society. Dominant ideologies parallel and refract conflictual social relations of power. Ideologies attune to transforming existing social relations may express countervailing views, values, and expectations. In sum, Marxist historical materialism finds that culture is a social product, social tool, and social process resulting from the construction and use by social groups with diverse social experiences and identities, including gender, race, social class, and more. Cultures have remarkably contradictory and hybrid elements creatively assembled from materially present social contradictions in unequal societies, ranging from reinforcement to resistance against constantly adjusting social relations of power. Five elements appear in most Marxist renditions on culture: materialism, the primacy of historical conjunctures, labor and social class, ideologies refracting social relations, and social change resulting from competing social and political interests.


Meridians ◽  
2018 ◽  
Vol 17 (2) ◽  
pp. 246-268
Author(s):  
Charmaine Pereira

AbstractThe aim of this essay is to interrogate gender relations in the wake of the Boko Haram insurgency in a way that recognizes continuities as well as discontinuities across multiple dimensions of social relations. The essay begins by outlining the changing trajectory of the Boko Haram insurgency and scholarly efforts to understand it as a social phenomenon. The second section discusses how research and media recognition of Boko Haram’s violence in relation to women led to a focus on spectacular events, such as mass abductions and suicide bombings. It is critical to recognize the politics of visibility and nonvisibility regarding women in the gendered dynamics set in motion by Boko Haram’s spectacles of violence. Finally, the essay points to ways in which feminist analyses of conflict and militarism throw light on the more suppressed yet critical dimensions of gender relations that surface in the wake of the Boko Haram insurgency.


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