scholarly journals Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
J. Dlugosh-Yuzvyak ◽  
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Criminal Law ◽  
Family Environment ◽  
Legal System ◽  
Legal Definition ◽  
The Family ◽  
Police Statistics ◽  
The One ◽  
Definition Of

The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.

It's about Family: The Death of a Close Family Friend

2009 ◽  
Vol 90 (2) ◽  
pp. 227-230 ◽  
Author(s):  
Joan Beder
Keyword(s):  
Family Structure ◽  
Family Member ◽  
Family Relationships ◽  
Extended Family ◽  
Entire System ◽  
The Family ◽  
Counseling Interventions ◽  
Definition Of ◽  
Close Family

When an individual dies, the role of the family member(s) is clearly prescribed by society: support, presence, caring, and remembrance. Traditionally, the definition of “family” has broadened to create the “extended family” or “expanded family” with members defined by deep bonds, relationships, and friendships. Currently, close friends who become the extended/expanded family, can be as central as kin to family structure and stability. Therefore, when one member of an extended family dies, the death resonates throughout the entire system affecting not only the lives of the immediate family members, but also those in the expanded circle of family relationships. This article describes the relationships in one extended family and discusses the struggles and counseling interventions used when one member of an extended family suddenly dies.

scholarly journals Durable Relationship and Family Members “by Analogy” in the European Union

2018 ◽  
Vol 10 (4) ◽  
pp. 175
Author(s):  
Tanel Feldman ◽  
Marco Mazzeschi
Keyword(s):  
Member State ◽  
Family Member ◽  
Family Members ◽  
The European Union ◽  
Member States ◽  
Registered Partnership ◽  
The Family ◽  
Definition Of ◽  
Union Citizen ◽  
The Eu

Rights of residence derived from a durable relationship with an EU citizen, are left to a relatively wide discretion of the Member States. Pursuant to Article 2.2 (b) Directive 2004/38/EC (“Directive”), “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State” qualifies as family member. Provided that they have a durable relationship (duly attested) with an EU citizen, pursuant to Article 3.2(b), unregistered partners are as well beneficiaries of the Directive. The durable relationship was expressly excluded from the scope of Article 2(2)(b): “Unlike the amended proposal, it does not cover de facto durable relationships” (EU Commission, Document 52003SC1293). Article 3 (2)(a) covers “other family members” (no restrictions as to the degree of relatedness) if material support is provided by the EU citizen or by his partner or where serious health grounds strictly require the personal care of the family member by the Union citizen. Pursuant to Article 3.2, “other family members” and unregistered partners can attest a durable relationship, must be facilitated entry and residence, in accordance to the host Member State’s national legislation. In the light of Preamble 6 Directive, the situation of the persons who are not included in the definition of family members, must be considered “in order to maintain the unity of the family in a broader sense”. The questions discussed in this paper are the following: (i) are Member States genuinely considering the concept of durable relationship in view of maintaining the unity of the family in a broader sense? and (ii) how to overcome legal uncertainty and which criteria, both at EU and at international level, can be taken into account in order to assess whether a durable relationship is genuine and should be granted the rights set forth by the Directive?

Liaison entre la religion et les fonctions culturelles de la famille

1969 ◽  
Vol 16 (3) ◽  
pp. 355-368 ◽  
Author(s):  
L. Voyé
Keyword(s):  
Family Environment ◽  
Parallel Evolution ◽  
Family Education ◽  
The Public ◽  
The Family ◽  
The One ◽  
Sociological Explanation ◽  
Hereditary Character ◽  
Socializing Agents ◽  
The Impact

The relatively hereditary character of diverse cultural phenomena has already drawn attention to the role that the family can play in this trans mission. It appears in particular that political orientations and the chances of access to different types and levels of education can frequently be explained by a specific family membership. Two types of argument are put forward here in order to explain how the family can appear as a privileged place of cultural apprenticeship: on the one hand psychological arguments linked with the primary and universal character of family education and the type of relations that this develops; on the other hand a more sociological explanation based on the repercussion that the more or less great complexity of learned language entails with regard to diverse exterior participations, and on the comparison between the impact of the family and those of other socializing agents on the successive choices which they will impose. To these explanatory elements of the existing link between cultural memberships and the family environment is added, for religion as much as for the family, the transition from the public to the private sphere. This parallel evolution will tend to increase the autonomy of religion on the plane of secondary elaborations for which it will borrow its mode of re-interpretation from the exigencies of daily life, particularly from the family.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Fair Process: Striving for Justice in Family Business

2005 ◽  
Vol 18 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Ludo Van der Heyden ◽  
Christine Blondel ◽  
Randel S. Carlock
Keyword(s):  
Social Science ◽  
Procedural Justice ◽  
Family Business ◽  
Family Firms ◽  
Fair Process ◽  
Business System ◽  
The Social ◽  
The Family ◽  
The One ◽  
Definition Of

The social science and business literatures on procedural justice or fair process attest that improvements in procedural fairness can be expected to improve both a firm's performance and the commitment and trust of the individuals involved with it. This article examines the relevance of procedural justice for family business. When a family is an influential component of a particular business system, the application of justice is typically rendered more complex than might be the case for nonfamily firms. Different criteria (need, merit, and equality) guide the application of distributive justice among families, firms, and shareholders. This divergence in criterion also lies at the heart of many conflicts inside the family business. In this article, we argue that the application of procedural justice reduces occurrences of conflict and, in some cases, may eliminate conflict altogether. We propose a definition of fair process that extends and enriches the one existing in the literature. We offer five fundamental criteria essential to the effectiveness of fair process in family firms. We conclude with a series of case studies that illustrate typical questions faced inside family businesses. We show that a lack of fairness in the decision and managerial processes governing these businesses and their associated families is a source of conflict. We describe how increasing fair process practices improves the performance of these businesses while also increasing the satisfaction of those associated with them.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

Severe Traumatic Brain Injury: Some Effects on Family Caregivers

2002 ◽  
Vol 90 (2) ◽  
pp. 415-425 ◽  
Author(s):  
Gregory J. Boyle ◽  
Sandra Haines
Keyword(s):  
Traumatic Brain Injury ◽  
Brain Injury ◽  
Family Member ◽  
Family Environment ◽  
Severe Traumatic Brain Injury ◽  
Brain Injuries ◽  
Comparison Group ◽  
Brain Injured ◽  
The Family ◽  
Time And Energy

This study assesses the effects of severe traumatic brain injuries on family members and functioning—a topic of interest for those working with survivors and their families. This issue is receiving increased attention as recent findings suggest that family adjustment influences outcome for brain-injured persons. The Family Environment Scale and the Profile of Mood States were completed by 25 individuals who had a family member with a severe traumatic brain injury. These scales were also completed by a comparison group of 32 individuals who had no brain-injured family member. In terms of family functioning, the findings suggest that, when a family member suffers a severe traumatic brain injury, depression may be elevated, along with a decreased ability to express feelings, decreased time and energy for social and recreational activities, and increased control in comparison to families without a brain-injured member. While this might contribute to family isolation which could last for many years, the overall finding of the present study was that caregiver families were coping adequately.

Cohabitation, Marriage and Delinquency: The Significance Family Environment

1997 ◽  
Vol 30 (2) ◽  
pp. 187-199 ◽  
Author(s):  
Sotirios Sarantakos
Keyword(s):  
Family Environment ◽  
Parental Attitudes ◽  
Married Couples ◽  
The Other ◽  
The Family ◽  
Cohabiting Couples ◽  
Occurrence Type ◽  
The One ◽  
Parental Conflicts ◽  
The Relationship

This paper uses Australian data to examine the relationship between parental lifestyles and family environments on the one hand, and occurrence, type and frequency of delinquency on the other. These data, collected by means of interviewing, relate to a part of a longitudinal study including 512 children; 233 were children of cohabiting couples and 279 of married couples. The findings presented in this paper show that (a) there are proportionally more offenders coming from families of cohabiting than of married couples; (b) there are proportionately more offenders who become recidivists coming from families of cohabiting than of married couples; and that (c) the family environments of the majority of offenders are marked by instability, low integration, hostile parental attitudes, domestic violence, parental conflicts and parental indifference.

scholarly journals The Legal Definition of Railway Areas in Poland. The Limitations of Investment and Conducting Business Activity on the Railway Areas

2018 ◽  
Vol 8 ◽  
Author(s):  
Piotr Szulc
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Business Activity ◽  
Railway Transport ◽  
Legal Regime ◽  
Legal Definition ◽  
Administrative Courts ◽  
Definition Of

The paper analyses the legal definition of railway areas in Poland based on the Railway Transport Act. The author tries to find an answer to the question of what the legal status of railway areas in the Polish legal system is, with emphasis on the classification of railway areas to the wider group of special areas. Moreover, the paper describes the restrictions on investments on railway areas which are presented based on the previous judicature of the Polish administrative courts. Then other detailed obligations resulting from the special legal regime in this area are explained.

scholarly journals Defining the family of a child with disabilities

KANT ◽  
2020 ◽  
Vol 37 (4) ◽  
pp. 447-451
Author(s):  
Veronika Filippova
Keyword(s):  
Scientific Literature ◽  
Social Institution ◽  
Family Characteristics ◽  
Educational Impact ◽  
The Family ◽  
Rehabilitation Potential ◽  
Developmental Resource ◽  
The One ◽  
Definition Of ◽  
The Impact

The article provides an overview of the scientific literature, concepts of psychologists, teachers, sociologists who define the family as a social institution, small group or system. The forms and types of families are considered depending on social development, educational impact on the child, and the composition of members. The definition of the family of a child with disabilities is given by describing the features of difficult life situations and the phenomenon of family. As a result, it is concluded that the family of a child with disabilities on the one hand meets the totality of family characteristics as a social phenomenon, and on the other has its own characteristics due to the impact on its life activity of having a child with disabilities. For this reason, the family can both become the main developmental resource for the child, and limit its rehabilitation potential.

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