Littérature scientifique sur le sujet « Crime – Philosophy »
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Articles de revues sur le sujet "Crime – Philosophy"
1
Djuniarti, Evi. "The Criminal Liability of Corporations as Crime Perpetrators." Jurnal Penelitian Hukum De Jure 21, no. 3 (2021): 311. http://dx.doi.org/10.30641/dejure.2021.v21.311-320.
Texte intégralRésumé :
In terms of handling corporate crimes that culminate in "sentencing" or "giving punishment", corruption is referred to as a crime that has caused damage to life. However, this is not mentioned much in criminal law studies. In addition to sentencing, corporations that committed corruption must also return corporate assets to the state. This needs to be considered according to the philosophy of nature aequum est neminem cum alterius detrimento et injuria fieri locupletiorem. This philosophy means that no one can enrich themselves at the expense and suffering of others. This philosophy changes the source of this doctrinal principle, namely crime does not pay or crime shall not pay into an expression of resistance to crime perpetrators so that they cannot enjoy the results of the crime they committed. The statement of the problem in this paper is how is the philosophy of sentencing corporations that are perpetrators of corruption? This research used secondary data through literature study in the form of laws and descriptive analysis. The imposition of a criminal fine creates implications and juridical problems for corporations that committed corruption. The recommendation of this paper is to build an ideal model of sentencing corporation based on justice.
2
Kerimov, A. D., and E. V. Halipova. "The evil and crime: moral and legal dimension." Russian Journal of Legal Studies 2, no. 2 (2015): 234–41. http://dx.doi.org/10.17816/rjls18059.
Texte intégralRésumé :
The article, in fact, a response to the ideas contained in the monograph A.I.Aleksandrova "evil philosophy and the philosophy of Crime (questions of philosophy of law, criminal policy and criminal procedure)." Readers are invited to meditation, inspired by philosophical and legal views A.I.Aleksandrova on such fundamental issues as the understanding and the ratio of good and evil crimes and atrocities, socially approved, lawful and unlawful conduct, political and moral responsibility of the government of the state of affairs in the field of the fight against crime, the intrinsic value of education, education and education not only youth, but also all citizens of the state of organized society, and others.
3
An, Ran, and Peng Liu. "Research on the Environmental Philosophy of China’s Environmental Crime Legislation from the Perspective of Ecological Civilization Construction." International Journal of Environmental Research and Public Health 20, no. 2 (2023): 1517. http://dx.doi.org/10.3390/ijerph20021517.
Texte intégralRésumé :
Modern environmental philosophy is a new type of philosophy for humans re-examining the relationship between man and nature and provides the value guidance for modern environmental law. China’s environmental crime legislation has gone through the exploration period, establishment period, and optimization period. The environmental philosophy behind this is worth discussing and determines the direction China will take environmental crime in the future and whether China’s environmental strategy can really be implemented. At present, the disputes about the environmental philosophy of environmental crime in China are mainly reflected in the contention between anthropocentrism, ecocentrism, and eco-anthropocentrism. There are radical risks of pure human centrism or pure ecological centrism, and these two theories struggle to serve as a value basis for environmental crime legislation. Although eco-anthropocentrism seems to be comprehensive, it is actually ambiguous, and it is still difficult to deal with the conflict between people and nature. In recent years, China has continuously emphasized the construction of ecological civilization construction and written this into the constitution. Therefore, in the environmental philosophy issues of environmental crimes in China, we should consider absorbing the advantages of anthropocentrism, ecocentrism, and eco-anthropocentrism, while taking the original Chinese ecological civilization philosophy as the value foundation.
4
Alzouabi, Lina. "A Reading of Charles Dickens' Hard Times (1854) As a Crime Novel." International Journal of Linguistics, Literature and Translation 4, no. 4 (2021): 193–99. http://dx.doi.org/10.32996/ijllt.2021.4.4.21.
Texte intégralRésumé :
This study explores how Charles Dickens presents a panoramic picture of social and moral crimes, criminals, victims and the causes as well as consequences of criminality in his novel Hard Times (1854). By employing Collins' Dickens and Crime (1964), the article provides a reading of Dickens' Hard Times as a crime novel, arguing that this novel is not only a social commentary on England in the Victorian era for the purpose of achieving social reform at the time. It is also a crime novel, portraying different types of crimes with various motives and criminals from different backgrounds and classes. Gradgrind, a follower of the utilitarian philosophy, manipulates his daughter Louisa into marrying the capitalist Bounderby for social and economic benefit, which, as a result, gets her to be exploited by Harthouse. In addition, Gradgrind's philosophy has affected his son Tom who has turned into an idle and selfish person, stealing the bank and indicting Stephen and indirectly causing the latter's death. Stephen is also a victim of the capitalist society and the Divorce Law, as only the rich have been entitled to divorce. By investigating Dickens' Hard Times as a crime novel, the study attempts to provide new insights into reading Dickens' novels at the present time, arguing that they can be reread as crime novels that intriguingly portray crimes, criminals, motives and the dire consequences of crime.
5
Golik, Yuri Vladimirovich. "Philosophy, Morality, Fight against Crime." Journal of Russian Law 25, no. 12 (2022): 1. http://dx.doi.org/10.12737/jrl.2021.143.
Texte intégral
6
MASLENNIKOVA, Larisa, Tatyana VILKOVA, Andrew SOBENIN, Kseniia TABOLINA, and Tatyana TOPILINA. "Using Online Services to Report a Crime." WISDOM 18, no. 2 (2021): 120–28. http://dx.doi.org/10.24234/wisdom.v18i2.450.
Texte intégralRésumé :
The purpose of the study is to analyze the Russian and foreign experience in the introduction of online services for reporting crime and substantiate proposals for improving effective communication between the state and the population in the context of the development of digital technologies.
 The features of online services for filing crime reports of various leading states in the field of e-government development are considered. The general trends and limits of the use of online services for filing a crime report in electronic form are revealed:1) the possibility of handling such a report only in cases that do not require an immediate response from law enforcement officials; 2) a limited number of categories of crimes for which an electronic crime report can be made; 3) the identification of the applicant both through national portals of public services, and without mandatory identification and authentication; 4) an electronic warning to the applicant about the responsibility for providing deliberately false information; 5) the ability to attach various materials to the application, including a video recording of the crime, data about the person who committed the crime, and other information.
 The conclusion is justified that the introduction of electronic crime reports should complement the ability to directly report a crime to the police, and not compete with it. The prospects of using online services for reporting a crime by persons with hearing and/or speech impairments are determined. The ways of informing the persons who reported the crime about their rights are shown.
7
Shepitko, Valery Yu, and Mykhaylo V. Shepitko. "The role of forensic science and forensic examination in international cooperation in the investigation of crimes." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (2021): 179–86. http://dx.doi.org/10.37635/jnalsu.28(1).2021.179-186.
Texte intégralRésumé :
The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime
8
McGregor, Rafe. "A Literary Aesthetics of War Crime." Croatian journal of philosophy 21, no. 61 (2021): 135–53. http://dx.doi.org/10.52685/cjp.21.1.8.
Texte intégralRésumé :
In order to develop a literary aesthetics of war crime, I examine the phenomenon of moral immunity in military memoir. Using three paradigmatic examples of memoirs of unjust wars characterised by the routine perpetration of war crimes, I argue that moral immunity is achieved by means of three literary devices: literary irresponsibility, ethical peerage, and moral economy. I then employ the proposed literary aesthetics of war crime to provide an answer to the perennial question of the relationship between literature and morality as well as to two specific instantiations of this question, the value interaction debate in literary aesthetics and the ethics of reading in literary theory. My conclusion is that the literary aesthetics of war crime demonstrates both that there is a systematic relationship between aesthetic value and moral value and that there is no systematic relationship between literary ambiguity and moral uncertainty.
9
Chehtman, Alejandro. "Contemporary Approaches to the Philosophy of Crimes against Humanity." International Criminal Law Review 14, no. 4-5 (2014): 813–35. http://dx.doi.org/10.1163/15718123-01405005.
Texte intégralRésumé :
Crimes against humanity have recently been the object of significant examination in contemporary analytical philosophy. Yet several theoretical issues are still up for grabs. What exactly is a crime against humanity? How are crimes against humanity different from domestic offences? What does humanity stand for in this notion? And who is entitled to define and prosecute these crimes? This article provides a concise, critical overview of the main positions available in the literature. It seeks to isolate the key conceptual and normative issues that surround this debate, and to assess the different answers currently available. It concludes that although all the answers available face significant objections and difficulties, they have made increasingly clear what the philosophical questions surrounding the notion of crimes against humanity are.
10
Skoromnyi, Danylo A. "Legal entities' crime prevention: Foreign experience and prospects of application in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (2021): 301–10. http://dx.doi.org/10.37635/jnalsu.28(3).2021.301-310.
Texte intégralRésumé :
The relevance of the problem under study lies in the fact that crime among legal entities is currently increasing in the countries of the world. This phenomenon is extremely dangerous, because corporate crime is associated with the commission of economic crimes – the legalisation of illegally obtained income and corruption, both of which negatively affect the economy of an individual state and the global economy. To prevent crime among legal entities, governments of countries need to take measures aimed at countering corporate crime, take advantage of technological advance in detecting and preventing offences among legal entities. The purpose of this study is to identify the features of measures to prevent corporate crime in foreign countries, to analyse the prospects for applying the experience of other states in developing their effective counteraction measures. Innovative approaches and methods that will increase the effectiveness of measures to combat corporate crime were also proposed. The leading methods employed in this study are theoretical: the study of scientific literature, as well as regulatory documents to clarify the state of the problem under study. Analysis, synthesis, comparison, generalisation, and modelling were used, which allowed describing the terminology. Furthermore, the system method, dialectical, and historical analysis methods were used in the study of regulations, also including such special methods as the method of legal interpretation, the method of legal forecasting. The result of the present paper is the identification of the importance of corporate crime prevention, effective measures that are applied to legal entities to detect and prevent corporate crime. As a result of this study, possible measures aimed at preventing corporate crime were proposed, considering the positive experience of foreign countries. Having analysed the state of corporate crime in other countries of the world, the authors conclude that Ukraine should implement measures to prevent crimes among legal entities to reduce the number of offences and increase the level of the national economy
Thèses sur le sujet "Crime – Philosophy"
1
Fatic, Aleksandar. "Punishment and restorative crime-handling : a social theory of trust." Phd thesis, Canberra, ACT : The Australian National University, 1995. http://hdl.handle.net/1885/143619.
Texte intégralRésumé :
The general aim of this work is to examine the main features of some of the
most influential contemporary theories of criminal justice, to look at their
conceptual and methodological relative advantages and shortcomings, and
to try to glean in them a direction for the devising of a more promising,
more optim ising way of accounting for crime and deviance, as well as for
prospects of successful social control. The general contention of the work is
that the key question to be asked in this respect is what value ought to lie at
the base of all such explanatory attempts. The general answer, with which
the 'restorative theory of crime-handling', espoused herein, deals, is that
this value ought to be trust. All those arrangements which can generally be
characterised as trust-enhancing appear to be optimising as well, and to
contribute in a constructive way to the resolution of conflicts. Punishment,
on the other hand, does not appear to be trust-enhancing; on the contrary, it
seems to play an essentially trust-degrading role in most contexts, and thus
creates an atm osphere and consequences which do not suggest the
possibility of both effective and humane social control mechanisms.
It has been the aim of theories of social control for decades to avoid
excessive punitiveness and maximise the consensus which is built around
the particular policies to that effect. Yet, most such theories have ended up
neglecting the role of trust, and em phasising justice instead. Another
contention of the arguments contained herein is to the effect that justice
ought not to play such a prom inent role in any theory of social control
which aspires to be trust-enhancing. Following the unavoidable directions
of argum ents advanced over decades, the argum ents herein deal with
theories such as 'retributivism ' and 'utilitarianism ', 'com m unitarianism '
and 'republicanism ', thereby bordering on political, and even on sociological theory. Yet, they do not remain on the level of presenting argum ents for
and against these theories - the value of what is argued here against such
theories, if there is any value in it, lies in its contribution to the fuller
illum ination of the real role of trust in a social theory of crime-control
which would derive strongly from the popular 'conflict-resolution' theories,
but which, at the same time, would seek to avoid some of their greatest
calam ities. To w hat extent this w ork m ight have succeeded in
accomplishing that end, however, is, of course, up to the reader to judge.
2
Gonçalves, Piterson Balmat. "A crise do dever em crime e castigo, de Dostoiévski." Universidade de São Paulo, 2016. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-26072016-104943/.
Texte intégralRésumé :
Nesta dissertação procuramos evidenciar a crise do dever moral em Crime e Castigo, de Dostoiévski, exemplo da nossa própria crise contemporânea, ao mesmo tempo em que buscamos investigar os contornos de um princípio de justiça derivado do dever kantiano. A partir daí, pretendemos evidenciar como este princípio de justiça pode ser partilhado por Dostoiévski, uma vez que o romancista, no seu ideal de comunidade moral, dá continuidade ao sentido ético proposto no dever kantiano, por meio do qual supera a crise que o próprio romance lança.<br>In this dissertation we seeks to show the crisis of moral duty in Crime and Punishment, Dostoevsky, example of our own contemporary crisis, while we seek to investigate the outlines of a principle of justice brought by Kantian duty. Thereafter, we intend to show how this principle of justice can be shared by Dostoevsky, as the novelist, in his ideal of moral community, continues the ethical sense proposed in the Kantian duty, through which overcomes the crisis that spear the novel.
3
Hall, Matthew Peter. "Putting victims of crime 'at the heart' of criminal justice : practice, politics and philosophy." Thesis, University of Sheffield, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443512.
Texte intégral
4
Johnson, Andrew. "Crime, governance and numbers : a genealogy of counting crime in New South Wales." Thesis, View thesis, 2000. http://handle.uws.edu.au:8081/1959.7/535.
Texte intégralRésumé :
This thesis is an intellectual genealogy of counting crime in New South Wales. It is a history of a system of thought which is one of the contemporary foundations of the way we interpret the nature and extent of crime today. It argues that the incitement to annually record crime statistics in New South Wales, and internationally, is immediately connected with a will to govern crime. This thesis traces this bonding of the technology of crime statistics with mentalities of government, and maintains that although the connection of these two discourses has been highly effective, it has not been one of universal domination. This is a history of the continuous state practice of compiling and publishing crime statistics. But it is also a history of discontinuities. This thesis regularly investigates shifts in the categories of recording. It locates changes in what is recorded by broadening its discussion to include localised and international debates on crime that are contemporaneous to these changes. This is not a thesis with a project to improve the way in which we record or utilise crime statistics. Its project is to write a history of how we came to record crime statistics and how we have intended to utilise these crime statistics in our practices of government. It traces the rise of counting crime and interrogates it as one of the key technologies deployed in the government of crime
5
Giddens, Thomas Philip. "Comics, crime, and the moral self : an interdisciplinary study of criminal identity." Thesis, University of Exeter, 2011. http://hdl.handle.net/10036/3622.
Texte intégralRésumé :
An ethical understanding of responsibility should entail a richly qualitative comprehension of the links between embodied, unique individuals and their lived realities of behaviour. Criminal responsibility theory broadly adheres to ‘rational choice’ models of the moral self which subsume individuals’ emotionally embodied dimensions under the general direction of their rational will and abstracts their behaviour from corporeal reality. Linking individuals with their behaviour based only on such understandings of ‘rational choice’ and abstract descriptions of behaviour overlooks the phenomenological dimensions of that behaviour and thus its moral significance as a lived experience. To overcome this ethical shortcoming, engagement with the aesthetic as an alternative discourse can help articulate the ‘excessive’ nature of lived reality and its relationship with ‘orthodox’ knowledge; fittingly, the comics form involves interaction of rational, non-rational, linguistic, and non-linguistic dimensions, modelling the limits of conceptual thought in relation to complex reality. Rational choice is predicated upon a split between a contextually embedded self and an abstractly autonomous self. Analysis of the graphic novel Watchmen contends that prioritisation of rational autonomy over sensual experience is symptomatic of a ‘rational surface’ that turns away from the indeterminate ‘chaos’ of complex reality (the unstructured universe), instead maintaining the power of rational and linguistic concepts to order the world. This ‘rational surface’ is maintained by masking that which threatens its stability: the chaos of the infinite difference of living individuals. These epistemological foundations are reconfigured, via Watchmen, enabling engagement beyond the ‘rational surface’ by accepting the generative potential of this living chaos and calling for models of criminal identity that are ‘restless’, acknowledging the unique, shifting nature of individuals, and not tending towards ‘complete’ or stable concepts of the self-as-responsible. As part of the aesthetic methodology of this reconfiguration, a radical extension of legal theory’s analytical canon is developed.
6
Blaas, Fey-Constanze. "Double criminality in international extradition law." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53398.
Texte intégralRésumé :
Thesis (LLM)--University of Stellenbosch, 2003.<br>ENGLISH ABSTRACT: The object of the thesis is to examine the content and status of the double criminality principle
in international extradition law. The double criminality principle says a fugitive c annat be
extradited unless the conduct for which his extradition is sought is criminal in both the
requesting state and the requested state. This thesis is based on a study of sources of
international law and domestic law and ideas presented in legal literature.
The double criminality principle has developed over several centuries and it has been
embraced by most states in one form or the other. The principle serves several purposes, of
which the most dominant is the notion of state sovereignty. States apply the double
criminality principle differently due to its multiple rationale. Legal literature has distinguished
two main methods of interpretation, called interpretation in abstracto and in concreto.
Whereas the in abstracto method focuses on the theoretical punishability of the conduct, the
in concreto method attaches importance to all factual, personal and legal aspects. There are
also ways of interpretation that are a combination of these two methods. Most states can be
classified into one of the two main groups of interpretation, but in general most states have
adopted a specific method of interpretation that is unique to each particular state. There is thus
no uniform method of interpretation in international extradition law.
This thesis attempts to determine whether the double criminality principle has become a rule
of customary international law. Though most instruments on international or domestic
extradition law include the double criminality principle, the strong disagreement among legal
scholars as to the legal status of the principle leads to the conclusion that the double
criminality principle is not a rule of international law today.
This thesis contains an examination of whether the principle of double criminality can be
classified as an international human rights norm. Though the principle of double criminality
has striking similarities with human rights as it partly aims at protecting individuals facing
extradition, there are also a number of aspects that distinguish the principle from traditional
human rights. This is partly attributable to the fact that international extradition law is not the
arena where general international human rights have developed. It is therefore concluded that
the double criminality principle does not form part of international human rights law.<br>AFRIKAANSE OPSOMMING: Die oogmerk van hierdie tesis is om die inhoud en status van die beginsel van dubbelkriminaliteit
in internasionale uitleweringsreg te ondersoek. Hierdie beginsel behels dat die handeling ten
opsigte waarvan die uitlewering versoek is, misdade in beide die staat wat uitlewering versoek as
die staat waarvan uitlewering versoek word, is. Die metode wat hierdie tesis onderlê is 'n
literatuurstudie van bronne in die internasionale en nasionale reg.
Die dubbelkriminaliteitsbeginsel het oor etlike eeue ontwikkel. Dit word gevind in die meeste
regstelsels. Die beginsel dien verskeie oogmerke, waarvan staatsoewereiniteit sekerlik die
belangrikste is. State pas die beginselop verskillende maniere toe weens die verskeie
bestaansredes vir die beginsel. Regsliteratuur tref 'n onderskeid tussen twee belangrike metodes
van interpretasie, naamlik die in abstracto en in concreto benaderings. Terwyl die in abstracto
metode op die teoretiese strafbaarheid van die handeling fokus, plaas die in concreto benadering
klem op die feitelike, persoonlike en konkrete regsaspekte. Daar is kombinasies van hierdie
metodes. Meeste state kan geklassifiseer word volgens die twee benaderings, maar tog pas state
hierdie benaderings by hul besondere behoeftes aan. Daar is dus geen uniforme metode van
interpretasie in internasionale uitleweringsreg nie.
Hierdie tesis poog om te bepaal of die dubbelkriminaliteitsbeginsel 'n reël van gemeenregtelike
internasionale reg geword het. Alhoewel meeste wetgewing op die terrein van internasionale en
nasionale uitleweringsreg die beginsel van dubbelkriminalitiet insluit, is daar sterk
meningsverskilonder regsgeleerdes tov die status van die beinsel. Die gevolgtrekking is dat die
beginsel nie 'n algemene reël van die internasionale reg is nie.
Ten slotte word daar gekyk of die dubbelkriminaliteitsbeginsel as 'n beginsel van internasionale
menseregte geklassifiseer kan word. Alhoewel die beginsel ooreemste met menseregtenorme toon
- veral die beskerming van die individu in uitleweringsaangeleenthede - is daar 'n aantal aspekte
wat d it van menseregte 0 nderskei. I nternasionale uitleweringsreg en internasionale menseregte
deel nie dieselfde ontwikkelingsgeskiedenis nie. Die gevolgtrekking is dus dat die
dubbelkriminaliteitsbeginsel nie deel vorm van internasionale menseregte nie.
7
Parsley, Stephen. "Rethinking Legal Retribution." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/philosophy_theses/98.
Texte intégralRésumé :
In this paper I discuss retributivist justifications for legal punishment. I argue that the main moral retributivist theories advanced so far fail to support a plausible system of legal punishment. As an alternative, I suggest, with some reservations, the legal retributivism advanced by Alan Brudner in his Punishment and Freedom.
8
Arsego, Djonatan. "Teoria Hegeliana da pena e administração da justiça." reponame:Repositório Institucional da UCS, 2016. https://repositorio.ucs.br/handle/11338/1846.
Texte intégralRésumé :
O estudo desenvolvido nesta dissertação trata do conceito hegeliano da administração da justiça a partir da obra Filosofia do Direito. (FD, 2003). Essa concepção hegeliana da administração do direito faz parte do conceito de sociedade civil englobada na Eticidade, a terceira parte da Filosofia do Direito. Essa subseção é composta pelos parágrafos 209 a 229, e trata da aplicação do direito. Esta dissertação examina se a instituição do Direito é real e efetiva para a sociedade e para os seus cidadãos; como se formam e se aplicam as leis na sociedade e para seus cidadãos, e por que as mesmas são tão importantes para a estabilidade e para o convívio das pessoas em um Estado segundo a teoria do direito hegeliano. Mas, como se pode dizer que o direito hegeliano, em sua teoria da pena, é estável, tendo em vista as variações na aplicação das leis? E, também em vista do diferente modo como os delinquentes são julgados? Estas respostas serão dadas no tribunal pela pena, que é sancionada a cada caso particular, analisando a intenção pela qual o cidadão se desviou do convívio com os demais membros da sociedade e vendo os danos causados por um infrator. O trabalho também trata dos problemas do “direito de dizer não” e do “direito de necessidade ou emergência”. Também retoma os conceitos de dolo e culpa presentes na moralidade hegeliana. Mas, para que a pena seja efetiva, requer-se que a sociedade possua códigos que permitam que todos os cidadãos reconheçam as leis como guias, assim como os costumes para o bom convívio. Portanto, é importante compreender como as leis se formam e se efetivam na sociedade, o que são e o porquê de sua existência.<br>Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2017-03-17T14:06:23Z
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Previous issue date: 2017-03-17<br>The study developed in this dissertation deals with the Hegelian concept of the administration of justice from the work entitled “Filosofia do Direito” (legal philosophy). (FD, 2003). This Hegelian conception of the administration of the law is part of the concept of the civil society encompassed in ethics, the third part of the philosophy of law. This subsection is composed of paragraphs 209-229, and deals with the application of the law. This paper examines if the institution of the law is real and effective for the society and for its citizens; how the laws are formed and applied in social groups, and why they are so important to the stability and coexistence of people in a state according to the Hegelian theory of law. But how can it be said that the Hegelian right, in its theory of punishment, is stable, in view of the variations in the application of laws? Also, in view of the different ways offenders are judged? These answers will be given in court by the penalty chosen, which is given to each particular case, analyzing the intention for which the citizen has deviated from interacting with other members of society and seeing the damage caused by the offenders. This work also deals with the problems of the "right to say no" and the "right of necessity or emergency". It also incorporates the concepts of intent and unintentional guilt present in Hegelian morality. For the penalty to be effective, it is required that society sees it in the form of codes, which will allow all citizens to recognize them as models, and at the same time as costumes needed for a good living. Therefore, it is important to understand how the laws are formed and actualized in society, as this is the reason for their existence.
9
Rewinski, Zachary D. "Dostoevsky and Tolstoy's Oblique Responses to the Epidemic of Chernyshevskian Philosophy." Oberlin College Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1277852390.
Texte intégral
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Wirts, Amelia Marie. "Criminal Oppression: A Non-Ideal Theory of Criminal Law and Punishment." Thesis, Boston College, 2020. http://hdl.handle.net/2345/bc-ir:108954.
Texte intégralRésumé :
Thesis advisor: David M. Rasmussen<br>This dissertation defines and defends the concept of ‘criminal oppression.’ Criminal oppression occurs when people are excluded from full participation in important social and political institutions because they are perceived to have violated certain community norms. Oppression is primarily a structural phenomenon, in which practices of formal and informal institutions unjustly harm people based on group membership. In structural oppression, there is rarely an individual who can be said to be responsible for the oppression, but I argue that at times, individuals may also be agents of oppression when they create, perpetuate, or exacerbate structural oppression. Applying this theory of oppression, the criminal justice system in the United States is an oppressive structure that unjustly harms those considered to be ‘criminals’ through a variety of practices. There are three categories of unjust practices: policing, adjudication and punishment, and collateral effects of arrest and conviction. These three categories of practices create the social group ‘criminals’ by subjecting certain people to these kinds of treatments. I use the word ‘criminal’ to describe those who are treated as criminals by police, the courts, and even private individuals like employers. To be a ‘criminal,’ it is not necessary that one has committed a crime or been convicted of a crime. Racial and criminal oppression deeply related historically and conceptually. Nevertheless, they are distinct kinds of oppression. In the United States, those who are not racially oppressed but are ‘criminals’ face many of the same unjust obstacles as those who are racially oppressed in addition to being ‘criminals.’ Some may argue that ‘criminals’ duly convicted of crimes deserve to be socially and politically excluded. But, I argue that the criminal justice system is not properly conceived of as an apolitical institution that can assess moral blameworthiness. Nor should it be able to offer punishments that amount to social and political exclusion. Instead, the criminal justice system is one political institution amongst many, and it ought to be governed by the same principles of liberty and equality that govern other political institutions. Criminal law’s proper function is to facilitate government as a system social cooperation. Therefore, it ought to respond to criminal acts with actions designed to promote inclusion rather than exclusion. Moreover, even if someone has committed a crime, that does not mean that they ought to be subject to violence or permanent second-class status. Finally, I address specific, feminism-driven arguments for using the criminal justice system to fight violence against women. Some feminists argue that the expressivist function of punishment—the ability of punishment to express disapproval and disavowal—makes it a perfect tool for fighting the normalization of violence against women. The problem, they contend, is that this violence is under-punished in the United States, and the solution to ending violence against women is to increase prosecutions and advocate for harsher punishments because punishment will change the social norms and make violence against women rarer. To this, I argue that those who create laws or mete out punishments do not have control over the social meaning of punishment with precision. The historical and present-day oppressive features of criminal law and punishment interfere with the ability of prosecution and punishment to condemn certain types of acts without also condemning people. Thus, feminists who try to use the criminal justice system to fight gender-based violence will find it to be ineffective and potentially harmful to the already oppressed group of ‘criminals.” Chapter 1argues that ‘criminals’ are oppressed using a structural model of oppression that focuses on how collections of institutional policies and practices can create and maintain unjust power relations between groups of people. I will also use an externalist theory of group identity to argue that being arrested or convicted of a crime is not necessary or sufficient for membership in the social group ‘criminal.’ Chapter 2 explains the relationship between racial oppression and the oppression of ‘criminals,’ noting the historical development of the modern prison system. Chapter 3 argues that the proper role of criminal law is to support systems of social cooperation, not to punish pre-political wrongs. I will suggest that criminal law is in essence part of the social contract, not a separate sphere of justice to which distinctive, retributive principles apply. Instead, the criminal law cannot determine moral blameworthiness and is only justified in sanctioning rule violations for the sake of supporting social cooperation in a society whose institutions are worth supporting. In Chapter 4, I propose a feminist, expressivist defense of the use of prosecution and harsh punishment as a response to rape and domestic violence that takes the structural nature of violence against women into account. Chapter 5, however, demonstrates why even this theory cannot justify incarceration in the non-ideal sphere because of the oppressive history and practice of the American criminal justice system<br>Thesis (PhD) — Boston College, 2020<br>Submitted to: Boston College. Graduate School of Arts and Sciences<br>Discipline: Philosophy
Livres sur le sujet "Crime – Philosophy"
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A, Arrigo Bruce, and Williams Christopher R. 1972-, eds. Philosophy, crime, and criminology. University of Illinois Press, 2006.
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Tamburrini, Claudio Marcello. Crime and punishment? Almqvist & Wiksell International, 1992.
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Frankel, Paul Ellen, Miller Fred Dycus 1944-, and Paul Jeffrey, eds. Crime, culpability, and remedy. Blackwell, 1990.
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Crime, governance and existential predicaments. Palgrave Macmillan, 2011.
Trouver le texte intégralChapitres de livres sur le sujet "Crime – Philosophy"
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Canêdo, Carlos Augusto. "Crime." In Encyclopedia of the Philosophy of Law and Social Philosophy. Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_486-1.
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Atenasio, David. "Philosophy of Crime." In Encyclopedia of the Philosophy of Law and Social Philosophy. Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_1099-1.
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Lynch, Michael J. "Conflict and Crime." In The Handbook of the History and Philosophy of Criminology. John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119011385.ch5.
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Maltz, Michael D., Andrew C. Gordon, and Warren Friedman. "Philosophy Underlying the Technical Approach." In Mapping Crime in Its Community Setting. Springer New York, 1991. http://dx.doi.org/10.1007/978-1-4612-3042-7_5.
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Cigüela Sola, Javier. "Crime and of the Poor from Recognition Perspective." In Philosophy and Poverty. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-45795-2_14.
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Yusef, Kideste Wilder, and Tseleq Yusef. "Criminalizing Race, Racializing Crime." In The Handbook of the History and Philosophy of Criminology. John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119011385.ch16.
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Rebellon, Cesar J., and Paul Anskat. "Crime, Deviance, and Social Control." In The Handbook of the History and Philosophy of Criminology. John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119011385.ch11.
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Škvorecký, Josef. "The Case of Lewis S. Feuer, Crime Writer." In Boston Studies in the Philosophy of Science. Springer Netherlands, 1988. http://dx.doi.org/10.1007/978-94-009-2873-2_23.
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Becker, Peter. "Researching Crime and Criminals in the 19th Century." In The Handbook of the History and Philosophy of Criminology. John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119011385.ch2.
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Eassey, John M., and Marvin D. Krohn. "Differential Association, Differential Social Organization, and White-Collar Crime." In The Handbook of the History and Philosophy of Criminology. John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119011385.ch9.
Texte intégralActes de conférences sur le sujet "Crime – Philosophy"
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Miao, Miao. "The Philosophy of Crime and Punishment and Existentialism in WoodymAllen s Film." In International Conference on Education, Language, Art and Intercultural Communication (ICELAIC-14). Atlantis Press, 2014. http://dx.doi.org/10.2991/icelaic-14.2014.190.
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Golubovsky, Vladimir Yuryevich, Igor Yurievich Nikodimov, and Elena Anatolyevna Mironova. "Judicial Support of High-Tech Crime Research." In International Scientific Conference on Philosophy of Education, Law and Science in the Era of Globalization (PELSEG 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200723.052.
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Li, Xinxun. "Analysis of Racial Discrimination in Artificial Intelligence from the Perspective of Social Media, Search Engines, and Future Crime Prediction Systems." In 6th International Conference on Contemporary Education, Social Sciences and Humanities. (Philosophy of Being Human as the Core of Interdisciplinary Research) (ICCESSH 2021). Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210902.029.
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Zaharia, Virginia. "The Philosophical Vision of Legal Punishment." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/73.
Texte intégralRésumé :
The concept of punishment represents one of the most difficult legal issues that are related to the concept of human freedom and responsibility. Since Antiquity, the brilliant minds of humanity contemplated about the sense of punishment and the function of this institution. Each epoch analyses this concept from different aspects and some of them are reflected in the actual legislation. The most important principles of contemporary criminal law were expounded by the Ancient, Modern and Contemporary philosophers. The field of research of this article is the philosophy of punishment of criminal law. In this study, we have applied the method of historical research of the proposed topic, which gives us the opportunity to analyze the development of criminal punishment and its goals from a historical perspective. In this paper, we aimed to determine the philosophical base of the legal punishment that legitimizes the application of sanctions to the person who committed the crime. We established the importance of the theories developed by brilliant thinkers for the contemporary concept of penal retribution and legal regulation of this institution. This theme generates several discussions that are formed in the process of comparison and debating of the ideas of influential philosophers regarding the purpose of criminal punishment. Therefore, we consider that the analysis of the theories of great thinkers gives us the possibility to understand the complexity of the phenomenon of criminal punishment, and leads to the more effective application of state constraint towards the offender.
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Khramchenkova, Rezida. "ORIGINS OF GLAZED CERAMICS KAZAN KREMLIN: CRIMEA - BULGARIA � KAZAN." In SGEM 2014 Scientific SubConference on ANTHROPOLOGY, ARCHAEOLOGY, HISTORY AND PHILOSOPHY. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b31/s9.050.
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Golubovsky, Vladimir Yuryevich, Igor Yurievich Nikodimov, and Elena Anatolyevna Mironova. "Legal, Tactical and Forensic Support of the Judicial Investigation of Crimes." In International Scientific Conference on Philosophy of Education, Law and Science in the Era of Globalization (PELSEG 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200723.029.
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Kaliuzhnyi, A. N., and N. G. Shurukhnov. "The Use of Automated Systems in the Investigation of Crimes Aimed at Personal Freedom." In International Scientific Conference on Philosophy of Education, Law and Science in the Era of Globalization (PELSEG 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200723.038.
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Tabatchikova, Anastasiya. "Problems of Balancing Private and Public Interests of States in the Criminalisation of International Crimes." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-22.
Texte intégralRésumé :
The contemporary world often sees a contradiction between the actions of states to advocate their own interests and the interests of the international community in combating the most dangerous crimes. In the field of international criminal law, the problem of imbalance between interests of particular states (‘private’ interests), and the interests of the international community in general ‘public’ interests) is especially evident. This imbalance indirectly manifests in the occurrence of contentious situations during the criminalisation of international crimes in national law. This article covers the problem of the imbalance of interests, from its general philosophical underpinnings to specific manifestations in criminal law. This objective mediates the construction of the article according to the principle ‘from the general to the particular’: from the general problem of the relation of the interests of the state and the global community through the prism of international criminal law to the specific problems of criminalisation in domestic law. The article was prepared with the use of historical, comparative-legal, and formal-juridical methods. The ain provisions of the article are illustrated with examples from international and national law, supported by quotations from philosophers and contemporary scholars of the philosophy of international law. The author begins by exploring the development of ideas of sovereignty as a private interest of the state. Upon establishing that the evolution of sovereignty ideas has not led to its uniform understanding and consistency with the interests of international law, the author delves into the problems of international criminal law. The author adresses the problems occurring during the criminalisation of international crimes in the framework of domestic law. The author makes a conclusion regarding the possible ways of national law refinement for strengthening the interaction of states in the field of international criminal law.