scholarly journals Basic assumptions of feminist criminology in the results of the implementation of law on prevention of family violence

2020 ◽  
Vol 54 (1) ◽  
pp. 93-120
Author(s):  
Branislav Ristivojević ◽  
Stefan Samardžić
Keyword(s):  
Family Violence ◽  
Female Sexuality ◽  
Social Institutions ◽  
The Other ◽  
Personal Factors ◽  
Control Female ◽  
Starting Point ◽  
Feminist Criminology ◽  
The Law ◽  
Radical School

First two years of implementation of the Law on prevention of family violence is a just an occasion to try to bring together results of its effects. Starting point for this analysis was presumption that the radical feminism and its counterpart in criminology, radical school of feminist criminology, shaped the Law. According to it family violence is a product of alleged male wish to control female sexuality. This control is conducted through social institutions such as family and marriage. As long as these institutions persist violence is repeated. Consequently, recidivism must be present as a rule. So, these institutions are to be destroyed. Some other personal factors of criminal behaviour within family do not exist. Other forms of family violence are not acknowledged and distinction between them is not made. At the beginning author gives detailed description of a numerous methodological obstacles which hamper analyses. In the next part basic presumptions originating from radical school of feminist criminology was summarily proved by brief analysis of a several provisions of the Law itself. In the third part author summarize effects of a Law by using 9 individual surveys of practice of a 9 different police departments in Republic of Serbia. Despite serious methodological obstacles and relatively scarcity of a survey sample, author's assessment of a practice shows that basic presumptions of the radical school of feminist criminology are not proved in context of a Serbian society. If this presumption were, proven violence between partners must have been dominant in comparison with violence between relatives in analysis. In reality, violence between relatives exists in almost one-half of all cases: 43%. Furthermore, a division between three possible partner relations, a marriage, extramarital relations and a simple romance (and then on existing ones and former) shows that more formal and more stable type of relations are more represented in analysis: 51% of all cases happened in existing marriages, further 19% in existing extramarital relations and 8% in existing romances. Likewise, all existing relations are more represented in analysis in relation to former ones: 20% of cases happened in former marriages and former extramarital relations and a simple romance are represented in analysis with only 1% of all cases respectively. It is quite possible that people, educated and raised in Serbian culture, are more violent in relations in which they "invested" more. Their "investment" is a spiritual and material energy spent in relation. Those who want to have kids, raise family and acquire property and the other way round choose more formal and stabile types of relations. When faced with deprivation of these investments (kids and property) or when these are endangered, it is quite possible for people to become violent. In relations that are temporary, ephemeral or lightly perceived there is no such a kind of "investment", and, it seems, no violence. Other possible personal factors of violent criminality are present in analysis. Perpetrators of violence are in 37% of cases unemployed. On the other hand, only 18% of them are repeated offenders, so recidivism is not high. When it comes to so called "urgent measures" as a specific type of sanctions for family violence they are issued in 2/3 of all cases. Restrain of approach and communication with victim is more frequent in comparison with eviction from home. This is understandable. With so broad definition of a member of a family, Law offers protection to persons who are in such a type of relations in which joint living is not an option. Therefore, there is not a joint accommodation from which a perpetrator should be evicted. The same applies for all former relationships, which also enjoy protections of the Law although former partners, by definition, do not live jointly any more. Ratio between measures is 35% eviction orders to 65% restrain orders. In all cases where eviction order is issued, the other measure is also issued. Out of these two facts it is possible to draw conclusion that eviction order is only measure necessary in Serbia. In Serbian culture, the notion family comprises only of relationships in which people share "table, bad and roof". Author argues that only this type of a relation is a family, which, as a case may be, needs protection. This is one proof more that radical school of feminist criminology shaped the Law. Its teaching tries to force all relations between man and a woman, existing and former, within the notion of a family. However, concludes the author, results of implementations of the Law in Serbia speaks, on the contrary, that such a teaching is a strange body in Serbian culture, society and, consequently, legal practice.

The Primal Scattering of Languages

1998 ◽  
pp. 51-56
Author(s):  
Karin Littau
Keyword(s):  
Jacques Derrida ◽  
Female Sexuality ◽  
Mother Tongue ◽  
The Other ◽  
Tower Of Babel ◽  
Accidental Release ◽  
Creation Myth ◽  
Starting Point ◽  
Point Of Departure ◽  
Positive Light

In After Babel, George Steiner recounts ‘two main conjectures’ in mythology which explain ‘the mystery of many tongues on which a view of translation hinges.’ One such mythic tale is the tower of Babel, which not only Steiner, but also Jacques Derrida after him, take as their starting point to approach the question of translation; the other conjecture tells of 'some awful error [which] was committed, an accidental release of linguistic chaos, in the mode of Pandora’s Box' (Steiner). This paper will take this other conjecture, the myth of Pandora, first woman of the Greek creation myth, as its point of departure, not only to offer a feminized version of the primal scattering of languages, but to rewrite in a positive light and therefore also toreverse the negative and misogynist association of Pandora with "man’s" fall. But, rather than exposing the entrenched patriarchal bias in mythographers’ interpretations of Pandora, my foremost aim is to pose, through her figure, questions about language and woman, and, by extension, the mother tongue and female sexuality.

scholarly journals CHARACTERISTICS WANPRESTASI AND ONRECHTMATIGE DAADAND THE CONSEQUENCES OF THE LAW

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
MARKUS SURYOUTOMO
Keyword(s):  
Civil Law ◽  
Code Of Conduct ◽  
The Other ◽  
Legal Rights ◽  
Contractual Relationship ◽  
Starting Point ◽  
Procedural Code ◽  
The Law

<p>Onrechtmatigedaad and wanprestasi claims always rely on a contractual relationship between parties, giving birth to legal rights and obligations. Rights and obligations here are manifested by an achievement. When an achievement is not fulfilled or carried out in accordance with the contents of the agreement, it is called a default. While the act of violating the law the starting point of the lawsuit is the interests of certain parties who are harmed by the actions of other parties, even though between the parties there is no<br />contractual civil law relationship. In this case, the basis for the lawsuit is sufficient to prove whether the perpetrator's actions have actually harmed the other party. In other words, filing a lawsuit in violation of the law is solely oriented to the consequences caused by other parties experiencing losses. Petitum Lawsuit Defaults the plaintiff's demands in the form of: Granting the plaintiff's claim; Stating the Defendant has a Default, Punishing the Defendant to return the Principal, Interest and Profits to be obtained. In a Lawsuit for Violating the Plaintiff's Lawsuit; Stating the Defendant has committed an illegal act; Punish Defendant to pay compensation in the form of Material Compensation and Moriel Compensation. the merging of Unlawful Acts with default in one claim violates the procedural code of conduct because both must be resolved separately</p>

scholarly journals On an Interpreter’s Game with the Legal Text and Extratextual Factors in the Derivative Concept of Legal Interpretation

2021 ◽  
Author(s):  
Paweł Jabłoński ◽  
Przemysław Kaczmarek
Keyword(s):  
Legal Culture ◽  
Point Of View ◽  
The Other ◽  
Legal Interpretation ◽  
Personal Factors ◽  
Legal Text ◽  
Other Hand ◽  
The Law ◽  
The One ◽  
Derivative Concept

The aim of this paper is to show the derivative concept of legal interpretation from the point of view of the structure of limits of the juridical power. This structure includes the politico-legal culture, the legal text, the juridical culture, and personal factors, such as ethical and aesthetic judgements. These days, the derivative concept is the most influential Polish theory of legal interpretation. According to this concept the process of interpreting the law is a kind of a game between the legal text and extratextual factors, which are treated as extratextual limits of juridical power. On the one hand, the legal text does not determine the full meaning of the law, although it has great importance for it. On the other hand, the derivative concept precisely identifies certain others factors that are relevant for the content of law.

scholarly journals When Justice Fails: Jurisdiction and Imprecation in Ancient Egypt and the near East

1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann
Keyword(s):  
Social Order ◽  
Near East ◽  
Social Institutions ◽  
Ancient Egypt ◽  
The Other ◽  
Near Eastern ◽  
The Social ◽  
The Law ◽  
The Difference ◽  
The One

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.

Urban territory development and the territorial public self-government

2020 ◽  
Vol 92 (3) ◽  
pp. 153-160
Author(s):  
A. V. Novokreshchenov ◽  
Keyword(s):  
Direct Democracy ◽  
Social Institutions ◽  
The Other ◽  
Federal Law ◽  
City Administration ◽  
Territorial Organization ◽  
The Law ◽  
Business Structures ◽  
Population Interaction ◽  
Urban Territory

The article analyzes the experience of the Novosibirsk city administration in the development of urban territory, which under the general name of TPS (territorial public self-government) involves, in addition to the councils of TPS, the office of the city administration, district administrations, management campaigns, condominiums, housing and communal services departments, municipal unitary enterprises, business structures of all types, social institutions and the other interested bodies and organizations. The author draws attention to the fact that this practice, despite its effectiveness, does not correspond to the concept of territorial public self-government established by the Federal law 131-FL “On general principles of the organizing local self-government in the Russian Federation”, where it is interpreted as a form of direct democracy, direct participation of the population in the local self-government. The author sees the inconsistency of practice with the provisions of the law in the article of the law, especially in the terms of territorial organization, financial sources, motivation of the population, interaction with the other organizations and local authorities. The practice of implementing TPS in the life of municipalities shows the need to adopt the special Federal law on the territorial public self-government, which would remove all the problems and contradictions mentioned in the article.

scholarly journals O grze interpretatora z tekstem prawnym i czynnikami pozatekstowymi w derywacyjnej koncepcji wykładni prawa

2020 ◽  
pp. 49-65
Author(s):  
Paweł Jabłoński ◽  
Przemysław Kaczmarek
Keyword(s):  
Legal Culture ◽  
Point Of View ◽  
The Other ◽  
Legal Interpretation ◽  
Personal Factors ◽  
Legal Text ◽  
Other Hand ◽  
The Law ◽  
The One ◽  
Derivative Concept

The aim of this paper is to show the derivative concept of legal interpretation from the point of view of the structure of limits of the juridical power. This structure includes the politico-legal culture, the legal text, the juridical culture, and personal factors, such as ethical and aesthetic judgements. These days, the derivative concept is the most influential Polish theory of legal interpretation. According to this concept the process of interpreting the law is a kind of a game between the legal text and extratextual factors, which are treated as extratextual limits of juridical power. On the one hand, the legal text does not determine the full meaning of the law, although it has great importance for it. On the other hand, the derivative concept precisely identifies certain others factors that are relevant for the content of law.

The “Discovery” of Law by English and American Jurists of the Seventeenth, Eighteenth, and Nineteenth Centuries: Third-Party Beneficiary Contracts as a Test Case

1991 ◽  
Vol 9 (2) ◽  
pp. 327-381 ◽  
Author(s):  
Peter Karsten
Keyword(s):  
Common Law ◽  
The Other ◽  
Third Party ◽  
Test Case ◽  
Essential Nature ◽  
Primary Function ◽  
Starting Point ◽  
Two Generations ◽  
The Law ◽  
Eighteenth And Nineteenth Centuries

Two generations of legal historians have debated the question of the reception and evolution of common law and equity in England and America by jurists of the seventeenth, eighteenth, and nineteenth centuries. Briefly, one school argues that jurists of these years employed a “doctrinal method” to discover, through deduction, the principles of the law in a particular case. Such a jurist, in the words of the late Lon Fuller, “does not consider that it is the primary function of judges or legal scholars to weigh the practical consequences of deciding a particular case one way or the other. Rather [he] regards them as having a purely deductive function. The starting point for the deciding of any case is to be found in certain premises dictated by the nature of law and legal relationships. Each relationship or transaction has its ‘essential nature.’”

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

AFRICAN WOMEN AND FORBIDDEN GROUNDS: FEMALE SEXUALITY AND SELF-DETERMINATION IN AFRICAN LITERATURE

Imbizo ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 40-54
Author(s):  
Oyeh O. Otu
Keyword(s):  
Female Sexuality ◽  
Sense Of Self ◽  
African Literature ◽  
The Other ◽  
Self Determination ◽  
African Women ◽  
The Core ◽  
The Many ◽  
The One ◽  
Sexual Repression

This article examines how female conditioning and sexual repression affect the woman’s sense of self, womanhood, identity and her place in society. It argues that the woman’s body is at the core of the many sites of gender struggles/ politics. Accordingly, the woman’s body must be decolonised for her to attain true emancipation. On the one hand, this study identifies the grave consequences of sexual repression, how it robs women of their freedom to choose whom to love or marry, the freedom to seek legal redress against sexual abuse and terror, and how it hinders their quest for self-determination. On the other hand, it underscores the need to give women sexual freedom that must be respected and enforced by law for the overall good of society.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

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