scholarly journals Richhpal Singh Meena v. Ghasi: Past Eclipse of India’s Substantive Criminal Law in Contemporary Operation

2021 ◽  
pp. 1-10
Author(s):  
Jaideep Singh Lalli
Keyword(s):  
Criminal Law ◽  
Frame Of Reference ◽  
Main Thrust ◽  
Central Thesis ◽  
The Past ◽  
Its Analysis ◽  
Ratio Decidendi ◽  
Actus Reus ◽  
Legal Position ◽  
Made In

The Indian Supreme Court’s verdict in Richhpal Singh Meena v. Ghasi is a marked peripeteia in the legal position on the applicability of offences under the two sub-chapters of Chapter XVI of the IPC in the heads of sections dealing with ‘Offences Affecting Life’ and ‘Hurt’. In essence, this ruling declared that scenarios that end with death of the victim will mandatorily have to be only covered by the sub-chapter ‘Offences Affecting Life’, making ‘actus reus of fatal results’ the determinant for choosing the offence for which the accused is to be convicted. After providing a factual frame of reference, this paper recapitulates the key elements of the Court’s reasoning in arriving at this principle. The main thrust of the paper lies in its analysis of the Court’s faulty neologisms and legally inconsistent alterations in the yardsticks that govern which cases fall under either of the two heads. This paper argues that the Court’s ratio decidendi and the principles it has evolved represent nothing short of insouciance towards decades of clarificatory precedent and that they are ex facie since Richhpal’s ruling engenders injustice in situations where the intention is to only cause hurt, but death results regardless of the intention transpired. As a judgment made in 2014, this ruling continues to breed iniquitous convictions even to this day. It is this examination of the judgment’s myopia for the past and its eclipse on the present delivery of justice that represents the central thesis of this paper.

Criminal Law

2019 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Criminal Law

2021 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

scholarly journals The specific legal-international regime of peace treaties

2020 ◽  
Vol 17 (4) ◽  
pp. 23-34
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
20Th Century ◽  
International Agreements ◽  
Special Role ◽  
International Regime ◽  
The Past ◽  
Legal Position ◽  
The Will ◽  
Second World ◽  
Made In ◽  
Peace Treaties

The presented material is an attempt at analyzing the specific legal position of peace treaties. The author argues with the opinion which is put forward (not too often, though), maintaining that such treaties – due to their not expressing the will of states in a classical way – cannot be considered to be agreements as such. He presents the basic similarities and – first of all – differences, especially concerning the so-called final provisions, with reference to both typical international agreements and peace treaties, respectively. In the study, he formulates the thesis of a special role, significance and evolution of peace treaties, despite frequent disrespect for the resolutions they contain. Instances of peace treaties which were concluded in the past are recalled and analyzed, and juxtaposed with ones made in the 20th century, particularly those following the First and the Second World Wars.  

Criminal Law

2017 ◽  
Author(s):  
Michael J. Allen
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 25 years. This is the fourteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Development and Status of Economic Criminal Law in Germany

2014 ◽  
Vol 15 (4) ◽  
pp. 693-718
Author(s):  
Marc Engelhart
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Policy ◽  
Economic Crime ◽  
The Public ◽  
The Past ◽  
Illegal Behavior ◽  
The Status ◽  
Recent Developments ◽  
Made In

During the past decade, economic crime has been in the public focus in Germany like never before. Major cases, such as the embezzlement proceedings against former Deutsche Bank CEO Ackermann—the so-calledMannesmannproceedings—or the corruption incidents within the Siemens group, have shed more light on illegal behavior in the economic sector. These cases revived an interest in economic criminal law that had not been present since the 1980s when the first wave of economic crime regulation after the establishment of economic criminal law as an academic subject and as a central part of criminal policy had passed. This article analyzes the status and development of economic criminal law. First, it will deal with criminological aspects before turning to the forces in economic crime development. Second, it will examine the changes made in substantive, procedural, and soft law. It includes recent developments, such as the privatization of public investigations and the concept of compliance, as a means to prevent and discover criminal behavior.

scholarly journals PRAWO RZYMSKIE W POLSCE PRZEDROZBIOROWEJ W ŚWIETLE AKTUALNYCH BADAŃ

2016 ◽  
Vol 13 (3) ◽  
pp. 39 ◽  
Author(s):  
Sławomir Godek
Keyword(s):  
Nineteenth Century ◽  
Criminal Law ◽  
Special Interest ◽  
Roman Law ◽  
Significant Progress ◽  
The Third ◽  
The Past ◽  
The Impact ◽  
Made In

ROMAN LAW IN PRE-PARTITION POLAND IN THE LIGHT OF PRESENT RESEARCH Summary The question of the importance of Roman law in pre-partition Poland has been taxing Polish legal historians for more than two centuries. The achievements to date in this field are significant; however, the issue has not been completely exhausted. In ongoing studies, a number of lines of inquiry have been undertaken that constitute a continuation of earlier investigations, but there are also completely new lines. The great controversy about the role of Roman law in Poland prior to 1795 (viz. the Third Partition) that was initiated by historians in the nineteenth century continues to be of unflagging interest. Research into the Romanisation of the Chronicles of Wincenty Kadłubek is being continued. The attention of researchers is still drawn to the issue of the teaching of Roman law in pre-partition Poland, especially in Kraków, Wilno, and Zamość. Quite significant progress has been made in research on the impact of Roman law on the codification of Poland prior to 1795. Areas of special interest include the Sigismundina, the Lithuanian Statutes and King Stanisław August’s Code. Research on the influence of Roman law on the work of writers who were lawyers in the pre-partition era is less intense than it was in the past. However, there has been a revival in the study of criminal law, as evidenced by the work on crimen laesae maiestatis.

Tangut, Gyalrongic, Kiranti and the nature of person indexation in Sino-Tibetan/Trans-Himalayan

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Guillaume Jacques
Keyword(s):  
Speech Act ◽  
Topical Issue ◽  
Second Person ◽  
The Past ◽  
Its Analysis ◽  
Grammatical Relations ◽  
Third Person ◽  
Diachronic Analysis ◽  
Made In

AbstractThe diachronic analysis of person indexation systems in Sino-Tibetan (Trans-Himalayan) languages is currently a topical issue. Factual errors have occasionally crept in, detracting somewhat from the quality of the linguistic discussion about these systems. Evidence from Tangut, Gyalrongic and Kiranti is so central to the debates that it appeared useful to provide a few clarifications about their person indexation systems, adducing evidence from a body of texts that has been considerably enriched in the past decade. The main points made in this paper can be summarized as follows. First, the view that personal affixes derive diachronically from pronouns is by no means as self-evident as it may seem. Second, person indexation in Tangut, the oldest Trans-Himalayan language with person indexation, is not optional, as has sometimes been stated in the literature. Third, person indexation in Gyalrongic and Kiranti is sensitive to grammatical relations, a finding which calls into question its analysis as marking speech act participant involvement.

Classifying the Past: Discriminant Analysis and its Application to Medieval Farming Systems

1996 ◽  
Vol 8 (1) ◽  
pp. 1-10 ◽  
Author(s):  
Ken Bartley
Keyword(s):  
Cluster Analysis ◽  
Discriminant Analysis ◽  
Processing Time ◽  
Farming Systems ◽  
Frame Of Reference ◽  
Analytical Models ◽  
Successful Implementation ◽  
Medieval Period ◽  
The Past ◽  
Livestock Management

This paper discusses the need for nationally based analytical models of the medieval period. The use of cluster analysis as a method for classifying demesne farms, by the crops they grew and their livestock management, is explained. Successful implementation of cluster analysis requires both the existence of a large base sample, to permit isolation of specific groupings within the data, and access to considerable processing time. The paper concludes by demonstrating how discriminant analysis can provide an efficient and systematic way of classifying even a single manor within a national frame of reference.

South Asian Developmental Crisis (Review Article)

1973 ◽  
Vol 12 (2) ◽  
pp. 181-188
Author(s):  
Rafiq Ahmad
Keyword(s):  
Second World War ◽  
World War ◽  
The Past ◽  
The Great Depression ◽  
Political Independence ◽  
Integrated Theory ◽  
Pass Through ◽  
Developed World ◽  
Second World ◽  
Made In

Like nations and civilizations, sciences also pass through period of crises when established theories are overthrown by the unpredictable behaviour of events. Economics is passing through such a crisis. The challenge thrown by the Great Depression of early 1930s took a decade before Keynes re-established the supremacy of economics. But this supremacy has again been upset by the crisis of poverty in the vast under-developed world which attained political independence after the Second World War. Poverty had always existed but never before had it been of such concern to economists as during the past twenty five years or so. Economic literature dealing with this problem has piled up but so have the agonies of poverty. No plausible and well-integrated theory of economic development or under-development has emerged so far, though brilliant advances have been made in isolated directions.

Mass Spectrometry Techniques: Principles and Practices for Quantitative Proteomics

2020 ◽  
Vol 21 ◽  
Author(s):  
Rocco J. Rotello ◽  
Timothy D. Veenstra
Keyword(s):  
Mass Spectrometry ◽  
Quantitative Proteomics ◽  
Protein Identification ◽  
Dynamic Nature ◽  
Complete Coverage ◽  
The Past ◽  
Proteome Level ◽  
A Cell ◽  
Quantitative Changes ◽  
Made In

: In the current omics-age of research, major developments have been made in technologies that attempt to survey the entire repertoire of genes, transcripts, proteins, and metabolites present within a cell. While genomics has led to a dramatic increase in our understanding of such things as disease morphology and how organisms respond to medications, it is critical to obtain information at the proteome level since proteins carry out most of the functions within the cell. The primary tool for obtaining proteome-wide information on proteins within the cell is mass spectrometry (MS). While it has historically been associated with the protein identification, developments over the past couple of decades have made MS a robust technology for protein quantitation as well. Identifying quantitative changes in proteomes is complicated by its dynamic nature and the inability of any technique to guarantee complete coverage of every protein within a proteome sample. Fortunately, the combined development of sample preparation and MS methods have made it capable to quantitatively compare many thousands of proteins obtained from cells and organisms.

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