scholarly journals النظام الجنائي الإسلامي و طرق الحماية من جرائم إشانة السمعة : دراسة مقارنة بما عليه العمل من القوانين الجنائية المعاصرة

2022 ◽  
Vol 7 (1) ◽  
Author(s):  
بن عوف طارق حسن

النظام الجنائي الإسلامي و طرق الحماية من جرائم إشانة السمعة : دراسة مقارنة بما عليه العمل من القوانين الجنائية المعاصرة slam aims of protecting people honour and keeping their fame and dignity and for this reasin it silences ill mannered people and those who seek shme for innocent people . It prtvents these ill mannered people from injuring people feelings and staining their honour. and it seriously prohibilty propagate indecent among the belivers so that life could be vilrluos and free of this evil for this, Islam prohibits compelty and considers it as one are of the greatest sins and indecent and the person doing this is deemed to curse . dissolute and banishment from Allah's mercy and he deserves severe pain in this world and the hereafter. The subject is tackled in to themes : 1. Definition of defaming crime and explaining its elements in Islam and its legal punishment. 2. Definition of disgrace and its punishment in the criminal legislations. It concludes with the important findings and recommendations

Author(s):  
Denis Tikhomirov

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.


Author(s):  
Ingrid Diran

Agamben describes his posture as a reader as one of seeking a text’s Entwicklungsfähigkeit, or capacity for elaboration.1 In examining Agamben’s practices of reading, we can attend to the opposite phenomenon: the counter-elaboration that a text, in having being read by the philosopher, performs upon Agamben’s own thought. This reciprocal elaboration might constitute a paradigm for Agamben’s use of reading, according to his own idiosyncratic definition of use as an event in the middle voice, in which (according to a definition of Benveniste) the subject ‘effects an action only in affecting itself (il effectue en s’affectant)’ (UB 28). With this definition in mind, we could say that Agamben effects a text (he writes) only to the extent that he is also affected by another text (he reads). This is why Agamben’s position as a reader proves particularly important to any assessment of his work, quite aside from the problem of influence or intellectual genealogy. For this same reason, however, assessing Agamben’s relation to Antonio Negri – a figure with whom, by most measures, he is at odds – poses an unexpected challenge: how can Agamben’s thought be a use of Negri? Answering this question means not only assessing the critical distance between the two thinkers, but also taking this distance as a measure, in the Spinozan sense, of mutual affection.


2013 ◽  
Vol 35 (2) ◽  
pp. 165-187
Author(s):  
E. S. Burt

Why does writing of the death penalty demand the first-person treatment that it also excludes? The article investigates the role played by the autobiographical subject in Derrida's The Death Penalty, Volume I, where the confessing ‘I’ doubly supplements the philosophical investigation into what Derrida sees as a trend toward the worldwide abolition of the death penalty: first, to bring out the harmonies or discrepancies between the individual subject's beliefs, anxieties, desires and interests with respect to the death penalty and the state's exercise of its sovereignty in applying it; and second, to provide a new definition of the subject as haunted, as one that has been, but is no longer, subject to the death penalty, in the light of the worldwide abolition currently underway.


Author(s):  
Mariia Sirotkina ◽  

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.


2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.


Author(s):  
Katarzyna Czeczot

The article deals with the love of Zygmunt Krasiński to Delfina Potocka. The point of departure is the poet's definition of love as looking and reads Krasiński's relationship with his beloved in the context of two phenomena that fascinated him at the time: daguerreotype and magnetism. The invention of the daguerreotype in which the history of photography and spiritism comes together becomes a pretext for the formulation of a new concept of love and the loving subject. In the era of painting the woman was treated as a passive object of the male gaze; photography reverses this scheme of power. Love ceases to be a static relationship of the subject in love and the passive object – the beloved. The philosophy of developing photographs (and invoking phantoms) allows Krasiński - the writing subject to become like a light-sensitive material that reveals the image of the beloved.


2019 ◽  
Vol 29 (5) ◽  
pp. 135-150

The springboard for this essay is the author’s encounter with the feeling of horror and her attempts to understand what place horror has in philosophy. The inquiry relies upon Leonid Lipavsky’s “Investigation of Horror” and on various textual plunges into the fanged and clawed (and possibly noumenal) abyss of Nick Land’s work. Various experiences of horror are examined in order to build something of a typology, while also distilling the elements characteristic of the experience of horror in general. The essay’s overall hypothesis is that horror arises from a disruption of the usual ways of determining the boundaries between external things and the self, and this leads to a distinction between three subtypes of horror. In the first subtype, horror begins with the indeterminacy at the boundaries of things, a confrontation with something that defeats attempts to define it and thereby calls into question the definition of the self. In the second subtype, horror springs from the inability to determine one’s own boundaries, a process opposed by the crushing determinacy of the world. In the third subtype, horror unfolds by means of a substitution of one determinacy by another which is unexpected and ungrounded. In all three subtypes of horror, the disturbance of determinacy deprives the subject, the thinking entity, of its customary foundation for thought, and even of an explanation of how that foundation was lost; at times this can lead to impairment of the perception of time and space. Understood this way, horror comes within a hair’s breadth of madness - and may well cross over into it.


2015 ◽  
Vol 5 (2) ◽  
pp. 148-171
Author(s):  
Denisa Gunišová ◽  
Jana Duchovičová

Authors in this contribution focus on issue of subject matter structure creation by the teacher as an important psycho-didactic domain of education process and how does a student perceive this structure. The aim of the teacher is not only to impart the knowledge to students but also to show them and teach them possible ways of how to understand the subject matter better and how to get to the fundamentals of it. Based on the structure of subject matter created by the teacher a student creates cognitive frames which become basis for his further learning. We pay attention to definition of epistemology of subject matter structure, questions of psycho-didactic approach to teaching, creating structure of subject matter and how does the teacher work with the text. Empirical part of the contribution investigates teachers' preferences of subject matter structure and statistically describes subjective perception of level of understanding of the subject matter by a student influenced by the particular subject matter structure realized by the teacher.


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