The Structure of Defences in Scots Criminal Law

2003 ◽  
Vol 7 (1) ◽  
pp. 60-79
Author(s):  
Victor Tadros
Keyword(s):  
Criminal Law ◽  
Academic Literature ◽  
Central Pillar ◽  
The Impact ◽  
Diminished Responsibility

One central pillar of scholarship about criminal defences concerns their structure. Three categories of defence are commonly recognised in the academic literature, and to a degree by the courts: capacity defences, justifications, and excuses. This article considers how defences should be structured and the impact that such a structure has on the content of legally recognised defences such as diminished responsibility, necessity, coercion, and provocation.

scholarly journals External Shocks in the Art Markets: How Did the Portuguese, the Spanish and the Brazilian Art Markets React to COVID-19 Global Pandemic? Data Analysis and Strategies to Overcome the Crisis

Arts ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 47
Author(s):  
Adelaide Duarte ◽  
Ana Letícia Fialho ◽  
Marta Pérez-Ibáñez
Keyword(s):  
Art Market ◽  
External Shocks ◽  
Art Markets ◽  
Art Galleries ◽  
Academic Literature ◽  
Brazilian Art ◽  
Global Pandemic ◽  
The Social ◽  
The Impact

The spread of the COVID-19 pandemic worldwide, and the restrictions imposed by the social distance and the enforced confinement, are having an impact on the art markets globally. The aim of this article is to evaluate the impact of an external shock in the primary art market, using three countries as a case study: Portugal, Spain, and Brazil. These geographies have in common being at the margins in the art market’s main art hubs. It is intended to analyze how agents are responding to the new context, according to the data gathered within the gallery sector. The methods applied in the research are a combination of surveys carried out by the authors, field-based observation, along with an academic literature review, complemented by international and national reports analysis. The study’s main findings allow us to characterize the art market as a very resilient sector that energetically responded to the crisis, able to adapt and overcome challenges imposed by the new pandemic situation. Contemporary art galleries expanded digital activities, kept participating in art fairs hybrid models, continued to focus on internationalization, and pointed to the strengthening of public policies towards the sector and partnerships as key strategies to overcome the crisis.

scholarly journals Evaluating #MeToo: The Perspective of Criminal Law Theory

2021 ◽  
Vol 22 (5) ◽  
pp. 833-846
Author(s):  
Tatjana Hörnle
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Law Reform ◽  
Final Part ◽  
Social Phenomenon ◽  
Criminal Punishment ◽  
The Impact

AbstractThe article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.

The Gratifications of Ephemeral Marketing Content, the Use of Snapchat by the Millennial Generation and Their Impact on Purchase Motivation

2021 ◽  
pp. 097215092110056
Author(s):  
Evelyn Lopez ◽  
Jose A. Flecha-Ortiz ◽  
Maria Santos-Corrada ◽  
Virgin Dones
Keyword(s):  
Millennial Generation ◽  
Uses And Gratifications ◽  
Electronic Survey ◽  
Academic Literature ◽  
The Impact ◽  
Reasons For Use ◽  
Marketing Resource

Ephemeral content has become a vital marketing resource for companies, but its effects have rarely been addressed in academic literature. Through the theory of uses and gratifications (U&G), we explore ephemeral content, the impact of Snapchat use, and their impact on millennials’ purchase motivation. Through an electronic survey of 454 millennial-generation participants, analysed through SMART-PLS, theoretical contributions are presented in identifying modality-based gratifications and interactivity-based gratifications as two additional sources of gratification that generate the modality of Snapchat’s ephemeral content. The study theoretically reflects how much interaction and identification with the medium generates a positive involvement in the audience’s needs, thus explaining its reasons for use.

scholarly journals The impact of microcredit on income: the case of Banco Real in Brazil

2014 ◽  
Vol 18 (3) ◽  
pp. 453-476
Author(s):  
Lauro Gonzalez ◽  
César Righetti ◽  
Luiz Carlos Di Serio
Keyword(s):  
Commercial Bank ◽  
Female Participation ◽  
Academic Literature ◽  
Loan Officer ◽  
Individual Participant ◽  
Microfinance Institution ◽  
The Individual ◽  
The Impact

This study aims to evaluate the impact of productive microcredit provided by a microfinance institution linked to a commercial bank by examining a sample of 20,628 customers. Academic literature points to the existence of shared specific characteristics amongst successful microcredit programs, including: (a) the use of a solidarity group, also called a joint debtor, (b) strong female participation, (c) a focus on poor regions, and (d) the presence of a loan officer. This article finds that the female variable is associated with increased income for the individual participant. Women began the program with an average sales value less than men, yet their sales grew exponentially at about 10% with each extension of credit.

scholarly journals Diminished responsibility and alcohol

2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Law Reform ◽  
England And Wales ◽  
Life Sentence ◽  
The Law ◽  
Diminished Responsibility

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.

scholarly journals The Effects of Mood, Language, and Order of Songs on Writing Productivity

2021 ◽  
Vol 13 (1) ◽  
pp. 12
Author(s):  
Ke Nicole Hu
Keyword(s):  
Age Groups ◽  
Cognitive Tasks ◽  
Modern Life ◽  
Academic Literature ◽  
Test Taking ◽  
Popular Songs ◽  
Induced Mood ◽  
Time Period ◽  
The Impact ◽  
Sad Music

With music consumption being increasingly prominent in everyday modern life, it has become critical to examine the impact of music on the performance of cognitive tasks. Despite preexisting academic literature on the correlation between music and memorization, test-taking ability, and executive planning, conclusions from past studies regarding these cognitive tasks may not be directly applicable to writing, leaving the effects of music on writing tasks a relatively unexplored territory. Given the prevalence of music in the 21st century among all age groups, the current study explores the effects of induced mood (happy versus sad) and language (native versus foreign) of popular songs on writing productivity, measured by number of words written in a set time period. Participants in the experiment were randomly separated into four conditions based on the language and mood of songs, and each given two argumentative writing prompts to complete while listening to the songs assigned to them. Results revealed that the induced mood of the songs significantly affected the writing productivity, with participants listening to sad music producing word counts that are significantly higher than those given happy songs. No effects, however, were found for the language of the music’s lyrical content, suggesting that the language of a song has no significant impact on writing productivity.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals THE ANTI-TERRORIST FUNCTION OF THE RUSSIAN STATE: THE CONCEPT AND THE BASIC SIGNS

2019 ◽  
Vol 23 (1) ◽  
pp. 27-47
Author(s):  
Denis S Mits
Keyword(s):  
Criminal Law ◽  
Third Party ◽  
Public Security ◽  
Conceptual Apparatus ◽  
Russian State ◽  
Constitutional System ◽  
The Impact ◽  
Ordinary Citizens

The article compares the important organizational and legal trends and prospects of antiterrorist activity, as well as the associated conceptual apparatus and the essence of terrorism. In the theory of criminal law, terrorism is defined as a threat to public security, in contrast to other areas of knowledge. This criminal phenomenon is implemented through the impact on a third party to the conflict (primarily ordinary citizens), that is, to encourage them to transform the foundations of statehood. In this regard, the system of management of information counteraction to terrorism, extremist activity and other forms of encroachment on the constitutional system, as well as other spheres of state functioning is gaining momentum.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

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