The closure of systems of penal sanction norms as systems of constitutive rules

Revus ◽  
2021 ◽  
Author(s):  
Juan Pablo Mañalich R.
Keyword(s):  
Penal Sanction

scholarly journals KEPATUHAN HUKUM IBU TERHADAP KETENTUAN PIDANA TERKAIT PERBUATAN YANG MENGAKIBATKAN PENDERITAAN PSIKIS ANAK

2018 ◽  
Vol 4 (2) ◽  
pp. 442-469
Author(s):  
Tisa Windayani
Keyword(s):  
Domestic Violence ◽  
Significant Role ◽  
Personal Values ◽  
Sampling Technique ◽  
Primary Data ◽  
Legal Compliance ◽  
Good Relationship ◽  
Purposive Sampling ◽  
Level Of Understanding ◽  
Penal Sanction

Art 80 and Art 76C  of Law No. 35/2014 purports to protect children from domestic violence (including most importantly those committed by the mother of the child).  This article using empirical juridical purports to analyze what factors are influential in determining compliance.  Primary data is collected using purposive sampling technique and subsequently is analyzed qualitatively.  The main result of the research is that avoidance of penal sanction is not a significant role in determining legal compliance.  More significant or influential are factors such as the extent or level of understanding the rule’s purpose or values behind the existing rule (prohibiting domestic violence), the need to maintain good relationship with the child; identification of the mother with certain groups in society and personal values. 

scholarly journals Targnięcie się pokrzywdzonego na własne życie jako typ kwalifikowany przestępstwa stalkingu

2018 ◽  
Vol 46 ◽  
pp. 29-40
Author(s):  
Anna Muszyńska ◽  
Anna Jaskóła
Keyword(s):  
Criminal Liability ◽  
Penal Sanction

Attempt against one’s life by the aggrievedas an aggravated type of stalkingThis article is devoted to the issue of criminal liability for the crime of attempt against one’s life by the aggrieved as an aggravated type of stalking. It is related to validity of penalisation of this type of behaviour. It was pointed to interpretative doubts concerning appearances of a crime, as well as joining a discussion about bittiness within the scope of regularising the penal sanction.

24. Punishment and the idea of ‘just deserts’

Criminology ◽  
2017 ◽  
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Death Penalty ◽  
Historical Development ◽  
Community Based ◽  
Changing Role ◽  
Penal Sanction

This chapter examines punishment as a means of dealing with crime and its implications for justice. It first introduces the key arguments advanced in support of the idea of punishment in general and specific punitive practices in particular. It then considers the historical development of punishment and its changing role in society, along with specific forms of penal sanction such as death penalty, imprisonment, and community based alternatives to the deprivation of liberty. The chapter goes on to discuss the role of the judiciary in administering punishments as well as the consequences of imposing punitive measures. Finally, it evaluates the potential limitations of the use of punishment, including miscarriages of justice and its apparent failure to affect the likelihood of reoffending.

Exploring "Closure" and the Ultimate Penal Sanction for Survivors of Homicide Victims

2006 ◽  
Vol 19 (2) ◽  
pp. 105-112 ◽  
Author(s):  
Marilyn Peterson Armour ◽  
Mark S. Umbreit
Keyword(s):  
Penal Sanction

Perceived Penal Sanction and Self-Reported Criminality: A Neglected Approach to Deterrence Research

1972 ◽  
Vol 19 (4) ◽  
pp. 522-540 ◽  
Author(s):  
Gordon P. Waldo ◽  
Theodore G. Chiricos
Keyword(s):  
Penal Sanction

A Passage to Suriname? The Migration of Modes of Resistance by Asian Contract Laborers

1998 ◽  
Vol 54 ◽  
pp. 19-39 ◽  
Author(s):  
Rosemarijn Hoefte
Keyword(s):  
Transition Period ◽  
Dutch Government ◽  
Labor Contract ◽  
Labor Power ◽  
Indian Immigrants ◽  
Criminal Charges ◽  
Local Ordinances ◽  
Contract Laborers ◽  
The Right ◽  
Penal Sanction

When, on June 5, 1873, the Lalla Rookh docked in Fort Nieuw Amsterdam, Suriname, 399 indentured British Indian immigrants had almost reached their destination: the colonial plantations. The timing was no coincidence. On July 1, 1863, the Dutch government had abolished slavery in its Caribean colonies. During a ten-year transition period the former slave were to work for employers of their own choice under the supervision of the state.Three weeks before this mandatory “apprenticeship” period was over, the Lalla Rookh arrived. The immigrants aboard had signed a contract obliging them to work for five years on a plantation in Suriname yet to be assigned. The labor contract and additional local ordinances specified the rights and duties of the indentured workers and forced them to commit their labor power to the unspecified demands of their employers at specified times. Fundamental to the system was the penal sanction, which gave employers the right to press criminal charges against indentured workers who, according to them, neglected their duty or refused to work. Thus the penal sanction allowed planters to impose their own conception of work discipline.

Knowing and Valuing Fairness

Philosophy ◽  
1990 ◽  
Vol 65 (253) ◽  
pp. 271-296 ◽  
Author(s):  
J. M. Hinton
Keyword(s):  
Penal Sanction

Part I is about valuing fairness, II chiefly about not valuing it. Equally, I is about knowing fairness or taking yourself to know what it is, while II is chiefly about not knowing what it is: absolutely not knowing what it is, or not knowing what it is except when it is thought of in a narrow way. I want to know what all those states involve, e.g. whether knowing what fairness is involves valuing it, and most of all (in Part II) whether those two aforesaid ways of not knowing what fairness is involve some knowably undesirable kind of ignorance; in that sense, incur a cognitive penal sanction. But I begin elsewhere.

America's Experiment with Capital Punishment: Reflections on the Past, Present and Future of the Ultimate Penal Sanction

1999 ◽  
Vol 28 (3) ◽  
pp. 355 ◽  
Author(s):  
Marian J. Borg ◽  
James R. Acker ◽  
Robert M. Bohm ◽  
Charles S. Lanier
Keyword(s):  
Capital Punishment ◽  
The Past ◽  
Penal Sanction

scholarly journals POENA CULLEI. KARA CZY RYTUAŁ?

2017 ◽  
Vol 5 (1) ◽  
pp. 83
Author(s):  
Maciej Jońca
Keyword(s):  
Criminal Law ◽  
Religious Ritual ◽  
Roman Society ◽  
Previous State ◽  
Punic Wars ◽  
The Right ◽  
Crucial Part ◽  
Legal Meaning ◽  
Penal Sanction

Poena cullei. Penalty or Ritual?SummaryPoena cullei appears to have been one of the most severe and cruel penalties in Roman criminal law. A convict was sewn up in a leather sack and drowned either in the river or in the sea. This sort of punishm ent was mainly inflicted on kin-murderers, which finds its reflection in numerous ancient sources which describe it as poena parricidi. Kin-murderers are claimed to have been liable to such retribution since the punic wars, and this sanction remained effective all throughout the period of Roman state.The sack penalty was more an act of a purification than a penal sanction in its legal meaning. A kin-m urder was perceived by the Roman society as an appalling act bringing pollution not only upon its perpetrator but also the whole community. In order to restore the previous state of order, the society had to get rid of a criminal in the course of a special ritual. At first a convict was flogged with red rodds. Then he had a lupine mask and clogs put on, to be finally sewn up in a sack with four animals - a dog, a monkey, a cock and a viper and afterwards drowned. According to the Romans, a dog, a cock and a viper were horrible animals. They believed a m urderer would undergo a transformation from a hum an being to a blood-thirsty beast. Surprisingly, the three mentioned above creatures had chtonic character and each of them was supposed to play a crucial part in the underworld.The worst consequences ofpoena cullei were to appear after the death of a criminal. During this gloomy ceremony abolitio imaginis was imposed and a m urderer was deprived of the right to a decent burial. This sort of procedure was applied throughout centuries and even in Christian Times did not lose its religious-ritual nature.

scholarly journals AGRESI ISRAEL TERHADAP PALESTINA PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

2009 ◽  
Vol 9 (2) ◽  
Author(s):  
Aryuni Yuliantiningsih
Keyword(s):  
International Society ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Humanitarian Law ◽  
Penal Sanction

Israel’s agrresion to Palestina has international reactions because of enormous victims caused by that action, whom mostly were civilians. According humanitarian law, Israel’s agression to Palestina had breached humanitarian law principles, there are : humanity principle, limitation principle and distinction principle. Israel has done war crimes so  international society asked how Israel can be justiced ? There are three mechanism to enforce humanitarian law. First, the contracting parties of Jeneva Convention State to enact any legislation neccessary to provide effective penal sanction for person committing or ordering to be comitted any of the grave breaches , second by ad hoc tribunal and third by International Criminal Court, but   it is rather difficult to prosecute Israel because Israel don’t ratificate Roma Statuta 1998. Kata kunci : Agresi Israel, Palestina

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