CRIMES AS PUBLIC WRONGS

ABSTRACT Despite the notion's prominence, scholarship has yet to offer a viable account of the view that crimes constitute public wrongs. Despite numerous attempts, some scholars are now doubting whether a viable account is forthcoming whereas others are reeling back expectations for what the concept itself can offer. This article vindicates crime's public character while asserting the relevance of political theory in doing so. After critiquing prior attempts and clarifying expectations, the article offers a novel account, relying on both key doctrinal features and a deliberative democratic framework through which to interpret their public significance. In doing so, it demonstrates how this framework explains the public nature of censure, and ultimately argues that crimes are public wrongs not because such actions themselves necessarily wrong or harm the public, but instead because they are the type of wrong that the public has a stake in addressing. This gives rise to an understanding of sentencing as public decision-making within which citizens and their representatives decide how best to use public power to manage public interests.

Continuity of traditions and innovation in modern landscape design in China

The article analyzes the features of traditional Chinese landscape design and its impact on the landscape design of modern Chinese parks. The purpose of the article is to compare the historical gardens and modern parks of China in order to determine the continuity and at the same time the features of innovation. The main difference between historical gardens and modern parks is emphasized: historical gardens were aimed at creating a calm, serene atmosphere of contemplation of nature; modern parks often combine traditional landscape techniques and the function of entertainment. The main historical landscape techniques provided for the presence of a lake and artificial mountains as symbols of immortality, a constant change of views, contemplation of the landscape through the opening as a picture in a frame, the inclusion of a small garden in the large, partitioning the space with "green screens". Modern parks in China still inherit these techniques in general: they have reservoirs, a lot of greenery, park pavilions, but there are already views from distant points, the parks are surrounded by a wall of skyscrapers, entertaining attractions have appeared in them, and in the evenings they are illuminated with bright illumination. Despite their attractiveness and modernity, the atmosphere of the Chinese garden has changed from a secluded personal to a public character, as can be seen in the examples of modern parks in Xi'an and Hong Kong.

Scientific Evidence and the Internalism–Externalism Distinction

Considerations of scientific evidence are often thought to provide externalism with the dialectical upper hand in the internalism–externalism debate. How so? A couple of reasons are forthcoming in the literature. (1) Williamson (2000) argues that the E = K thesis (in contrast to internalism) provides the best explanation for the fact that scientists appear to argue from premises about true propositions (or facts) that are common knowledge among the members of the scientific community. (2) Kelly (Philosophy Compass, 3 (5), 933–955, 2008; 2016) argues that only externalism is suited to account for the public character of scientific evidence. In this article, I respond to Williamson and Kelly’s arguments. First, I show that the E = K thesis isn’t supported by the way in which we talk about scientific evidence, and that it is unable to account for facts about what has been regarded as scientific evidence and as justified scientific belief in the history of science. Second, I argue that there are internalist views that can account for the publicity of scientific evidence, and that those views indeed do better in that regard than the (externalist) view proposed by Kelly. The upshot is that considerations of scientific evidence do not favor externalism over internalism.

Corrective Justice and Redress Under Australia's Racial Vilification Laws

This article examines the process for seeking redress under Australia’s racial vilification laws. Recently, the debate concerning pt IIA of the Racial Discrimination Act 1975 (Cth) has focused on unmeritorious complaints and the importance of quickly terminating such complaints. This article argues that pt IIA establishes a civil wrong and that corrective justice provides an appropriate framework for understanding the process by which complainants may seek redress for this wrong. However, the remedial process currently fails to provide corrective justice in two ways. First, conciliation is compulsory and this unduly restricts complainants from commencing proceedings. This is inconsistent with the public character of vilification, which indicates that public vindication may be more appropriate than private settlement. Second, current costs rules may deter complainants from seeking vindication of their rights. Therefore, these rules should be modified in proceedings for racial vilification.

Constitutional justice: on some amendments to legislation

The article analyzes the 2020 constitutional amendments on constitutional justice. Among them are provisions on the formation of the composition of the Constitutional Court of the Russian Federation, expanding its powers in terms of checking the compliance of the Constitution of the Russian Federation with draft laws, clarifying the competence on the issue of the possibility of executing decisions of interstate bodies (primarily the European Court of Human Rights), adjusting the institution of dissent judges of the Constitutional Court of the Russian Federation. Positive and critical considerations regarding the above constitutional amendments and the corresponding amendments to the federal constitutional law “On the Constitutional Court of the Russian Federation. In particular, concerns are expressed about ensuring the proper degree of democracy in the formation of the Court, guaranteeing its independence in cases where the provisions of a particular draft law have been previously assessed by him as complying with the norms of the Constitution of the Russian Federation, and subsequently he will have to consider complaints about the constitutionality of the same legal norms, the validity of the refusal of the public character of the dissenting opinion of the judges of the Constitutional Court of the Russian Federation.

Arts-based research in Psychiatry: A way to the examination of the popular beliefs about mental disorders

Research about the depictions of psychiatry and mental disorders in popular culture has been scarce and often lacks systematized research strategies. However, this tendency has changed in the last few years and it is now possible to find articles which investigate the social representations of mental illness through the analysis of the media, music, films, and other artistic manifestations. One possible indication of the emerging relevance of this topic is the inclusion of the MeSH term 'Medicine in the Arts' in the database of the U.S. National Library of Medicine in 2018. The study of the products of popular culture can give us information about common ideas present in the social imaginary regarding mental disease. One advantage of this type of study is the public character of the data. In addition, the fact that artistic productions persist over time enables access to information which could not be gathered through other qualitative research designs. In this way, the products of popular culture could be seen as what I call 'cultural fossils', which can be traced back' to the historical time in which they were produced.

Incydentalne wykonywanie czynności zarobkowych w trakcie pobierania zasiłku chorobowego

The aim of the paper is to analyse controversial situations in the Polish judicial practice relating to performing incidental paid activities in times of sick leave, both by the insured – employees and persons not being employees, especially entrepreneurs. According to the Author’s opinion only social activities or incidental and mainly formal occupational activities can be qualified as the exceptions from the rule of the loss of the right to sickness benefit. Such view is justified by the public character and formality of the system of social security. Situations resulting in a possible loss of sickness benefit should be assessed each time in the context of the principle of proportionality.

The specificity of establishment of relationships from a public promise of a reward without contest

The article is devoted to consideration the specialties of order of establishment the obligation from a public promise of a rewardwithout contest. The author defines the similarities and differences between the legal order of establishing relationships in abovementionedway and the order of establishing a relationship under the contract. It is designated that in some cases the public promise ofreward without contest can be considered as public offer that addressed to indefinite number of persons.At the same time there is a difference between abovementioned mechanisms of establishment of relationships. In case when relationshipsestablishes from a public promise of a reward without contest there is a task completion between such a promise and relationshipsestablishment. The only acceptance of the task conditions is not enough to establish the relationships. But when a contract is concludingthe acceptance of an offer is enough to cause such effect.The task completion is taken out of the legal relationship and considered as the ground for establishment the obligation. Onlywhen the character of the task determines the necessity to transfer its result from performer to a person who promised the reward thetask completion is considered as a condition for establishment the obligation. At the same time in contractual relationships the juridicallyimportant actions are committed within the relationships and have character of right-realization and carrying out the responsibi -lities.Thereby when legal relationships establishes from public promise of a reward without contest the person who promised the rewardis getting the good that is the result of task completion before the establishment of relationship or in the moment of its establishment. Butwhen the legal relationships establishes from the contract its participants get the effect as a result of realization the right and carrying outthe responsibilities that comprised by the content of appropriate relationships. Consequently the public character of a reward that addressesto indefinite number of persons intended to increase the probability to get some good that has the unique character.