scholarly journals REACTION OF SOCIETY IN PERSPECTIVE OF CRIMINOLOGY CONCEPTION FOR CRIME PREVENTION

Jurnal Hukum ◽  
1970 ◽  
Vol 25 (1) ◽  
pp. 412
Author(s):  
Faisol Azhari

The prevention of crime is also explained by Criminology. So that Criminology is also include the study of the reaction of society against crime. It might be argued that this belongs, strictly speaking to the domain of sociology of the criminal law but it has to be admitted that the reaction of the state which is the subject matter of penology. They are both strongly by criminogenic forces and should therefore be studied by criminologist. Edwin H Sutherland and Cressey said that the prevention of crime or the reaction of society against crime include within criminology scope the processes of making laws of breaking laws and of reacting toward the breaking laws.The reraction of society against crime include to critize the punitifly of the social reaction and the treatment of raection of society against crime. The reaction of society against crime is also about social perseption about social order and development of perseption of society for social order is depent on development of society which consist of traditional society and modern society.Keyword : Concept of Crime prevention, Reaction of society against crime

2019 ◽  
Vol 7 (1) ◽  
pp. 97-107
Author(s):  
Mohamed Lamine Sylla ◽  
Muhammad roflee Waehama ◽  
Asman Taeali

This paper discusses some of the Islamic virtues as compared to other religions, either divine or non-celestial, in the most important subjects of life, namely the social issues of marriage and its related matters. In doing so, the research compares Islamic law with French law, with the state of Guinea Conakry as the case study, due to its position as a French colony which practices Islam. This study aims to highlight the similarities in the principles of Islam and French law with regard to many social issues relating to marriage, and in doing so, the researcher has adopted the inductive, analytical and comparative methods. This paper also suggests that there is an interest to translate the relevant Islamic laws in relation to the subject matter, because of the clearly defined principles between the good and the bad.


Author(s):  
М.Ф. Гареев

В данной статье предлагается разработать государственную идеологию, одной из приоритетных задач которой должно выступить предупреждение преступности и иных противоправных деяний. В основе государственной идеологии предлагается заложить традиционные морально-нравственные ценности и чувство патриотизма. Для предупреждения преступности и иных противоправных деяний предлагается законодательно закрепить государственную идеологию в Конституции Российской Федерации. Государственная идеология должна стать частью правовой жизни и правовой политики, включая уголовно-правовую политику, а также выступить в качестве меры уголовно-правового воздействия. This article proposes to develop a state ideology, one of the priority tasks of which should be the prevention of crime and other illegal acts. It is proposed to lay the traditional moral and ethical values and a sense of patriotism at the basis of the state ideology. To prevent crime and other unlawful acts, it is proposed to legislate the state ideology in the Constitution of the Russian Federation. The state ideology should become a part of legal life and legal policy, including criminal law policy, and also act as a measure of criminal law influence.


2016 ◽  
pp. 115-132
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA

The study continues the presentation of the jurisprudential evolution of the constitutional court, from the acknowledgement of the legal norm’s unconstitutionality to the acknowledgement of the unconstitutionality of the legislative solution promoted through the said norm, with precise reference to the field of substantive criminal law. The constitutionality control transcends the strict framework of the limitations of the referrals addressed to the Court, aimed at removing from the legislative system those provisions which resume the legislative solutions acknowledged as being unconstitutional. Thus, it is emphasized not only the sanctioning effect upon the norm constituting the subject matter of the exception of unconstitutionality, but also the preventive effect of the constitutionality control, through the legislator’s impossibility to resume the legislative solution declared unconstitutional, with the exception of the situation in which a change of the social and economic context takes place.


2019 ◽  
Vol 17 (1) ◽  
pp. 351-375
Author(s):  
Mateusz Rafał ◽  
Dominik Borek

This article takes up the innovatory subject of cooperation in the field of football and the tourism sector by the Visegrad Group states. The subject matter of this study has not been widely discussed in the literature, hence most of de lege ferenda postulates are open to further discussion. The current Visegrad Group was created as a political project, not an evolutionary social initiative. This does not mean, however, that the societies of its member states are significantly different from each other, and the structure itself is exotic. The benefits of an extended cooperation, which seems not to have an alternative, for all the participants are fully understood. Therefore, the direction of common thinking about maximizing profits in the developing sector of tourism, and making the most of the social potential of football, can be an attractive platform for international dialogue and extended cooperation among the V4 countries. The baggage of history, geographic and cultural proximity, the migration crisis, as well as the imperialist policy of the neighbouring Russia effectively motivate to strengthen cooperation and create stronger mechanisms with each other. It is indisputable that the tendencies for cooperation in the Visegrad countries are not a novelty.


Author(s):  
I. Mytrofanov

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.


Author(s):  
Markus D. Dubber

This chapter reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth centuries. It examines several ways of naming and framing the subject matter, along with ways of ‘covering’ it along a set of by now fairly well-established narrative paths that generally reflect a quietly reassuring Whiggishness. It then lays out an alternative, two-track, conception of ‘modern’ European criminal legal history. It does this by taking an upside-down—or outside-in—view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.


1999 ◽  
Vol 17 (1) ◽  
pp. 87-98
Author(s):  
René Gothóni

Religion should no longer only be equated with a doctrine or philosophy which, although important, is but one aspect or dimension of the phenomenon religion. Apart from presenting the intellectual or rational aspects of Buddhism, we should aim at a balanced view by also focusing on the mythical or narrative axioms of the Buddhist doctrines, as well as on the practical and ritual, the experiential and emotional, the ethical and legal, the social and institutional, and the material and artistic dimensions of the religious phenomenon known as Buddhism. This will help us to arrive at a balanced, unbiased and holistic conception of the subject matter. We must be careful not to impose the ethnocentric conceptions of our time, or to fall into the trap of reductionism, or to project our own idiosyncratic or personal beliefs onto the subject of our research. For example, according to Marco Polo, the Sinhalese Buddhists were 'idolaters', in other words worshippers of idols. This interpretation of the Sinhalese custom of placing offerings such as flowers, incense and lights before the Buddha image is quite understandable, because it is one of the most conspicuous feature of Sinhalese Buddhism even today. However, in conceiving of Buddhists as 'idolaters', Polo was uncritically using the concept of the then prevailing ethnocentric Christian discourse, by which the worshippers of other religions used idols, images or representations of God or the divine as objects of worship, a false God, as it were. Christians, on the other hand, worshipped the only true God.


2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.


2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.


2020 ◽  
Vol 23 (8) ◽  
pp. 26-36
Author(s):  
Vadym Nikolenko

The study focuses on individual episodes of the biography, the most notable ideas and main socio-political views of the outstanding English scientist, social philosopher, theorist of the origin of the state – T. Hobbes. On the basis of the classic work “Leviathan”, his backbone thoughts on the processes of state building, the development of a balanced normative and legislative system and specific motives for striving for power are highlighted. In particular, attention is focused on the search by the researcher of the optimal balance between freedom and the duties of a citizen. The aspiration of the classic to a comprehensive study of the most effective mechanism, optimal forms of public administration, primarily for the establishment of stable social order and safety, is noted. The scientist emphasized that an authoritative, sovereign, legitimate state is able to effective cope with the tasks set. In which those in power are obliged to be guided by norms of morality and law. Characterized, according to the researcher, the socio-psychological traits of both average citizens and sovereigns for the full life support of the country.Highlighted his heuristic principles of anthropomorphism, which more metaphorically, expressively detail the likely destructive diseases of the state, among which he considered the lack of frugality and the processes of oligarchization of the socio-political system to be especially unsafe. Scientists emphasized the absolute rejection of corruption, lack of social justice, abuse of power. Thus, the advantages and disadvantages of various forms of government were highlighted, in particular, monarchical, aristocratic, democratic. The scientists himself was an active supporter of absolute monarchy and the unshakable authority of the state. At the same time, he focused not so much on the duties of citizens to the state, as on the duties of state representatives to their citizens, the implementation of which can state structure effective, authoritative and legitimate. At the same time, the contribution of T. Hobbes to the development of the philosophy of law is highlighted. In general, it was emphasized that the English scientist comprehensively substantiated his own thought about the immutability of human nature in the form of manifestations of selfishness, individualism, insatiable appetites, unrestrained passions, and the desire for social change. According to the philosopher, only a just, sovereign, authoritative state is capable of curbing the negative manifestations of human nature. In addition, attention focused on the state-forming nature of his philosophy and the scientist’s significant contribution to the development of the theory of the social contract or the contractual origin of the state is highlighted.


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