scholarly journals Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy

2020 ◽  
Vol 14 (4) ◽  
pp. 453-459
Author(s):  
V.E. Lapshin ◽  
◽  
V.V. Shakhanov ◽  
◽  
◽  
...  
Keyword(s):  
Point Of View ◽  
Theoretical Point ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Scientific Analysis ◽  
Penal Institutions ◽  
Penal Law ◽  
General Scientific ◽  
Definition Of ◽  
Social Narrative

So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and educational activities of penal institutions. Understanding the doctrinal grounds is also important for assessing the current situation and prospects for development of the science of penal law. The article analyzes the usage of the terms “penal and legal doctrine”, “criminal-executive doctrine” “doctrine of criminal-executive law”, “penal doctrine”, “correctional doctrine”; penal and legal doctrine is considered as part of legal doctrine; we study the notion of “legal doctrine” in its relations with adjacent categories (science, concept, position); we also investigate the effects of penal and legal doctrine on the penal and legal policy. We conclude that the term “penal and legal doctrine” is the core one and acts as a necessary prerequisite for scientific analysis. We also provide recommendations for the use of the term “doctrine” in the penal law sphere and put forward our own definition of the term “penal and legal doctrine”. In the course of our research we used general scientific, sectoral (social narrative) and level methodology (methods of theoretical and metatheoretical levels of cognition in science).

scholarly journals Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy

2020 ◽  
Vol 14 (4) ◽  
pp. 537-541
Author(s):  
Vitalii E. Lapshin ◽  
Vyacheslav V. Shakhanov
Keyword(s):  
Point Of View ◽  
Theoretical Point ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Scientific Analysis ◽  
Penal Institutions ◽  
Penal Law ◽  
General Scientific ◽  
Definition Of ◽  
Social Narrative

So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and educational activities of penal institutions. Understanding the doctrinal grounds is also important for assessing the current situation and prospects for development of the science of penal law. The article analyzes the usage of the terms “penal and legal doctrine”, “criminal-executive doctrine” “doctrine of criminal-executive law”, “penal doctrine”, “correctional doctrine”; penal and legal doctrine is considered as part of legal doctrine; we study the notion of “legal doctrine” in its relations with adjacent categories (science, concept, position); we also investigate the effects of penal and legal doctrine on the penal and legal policy. We conclude that the term “penal and legal doctrine” is the core one and acts as a necessary prerequisite for scientific analysis. We also provide recommendations for the use of the term “doctrine” in the penal law sphere and put forward our own definition of the term “penal and legal doctrine”. In the course of our research we used general scientific, sectoral (social narrative) and level methodology (methods of theoretical and metatheoretical levels of cognition in science). Key words: penal and legal doctrine, legal doctrine, criminal-executive doctrine, correctional doctrine, doctrine of the criminal-executive law, penal and legal policy, metalanguage tool.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

Chronometric Height: a relativistic height definition by generalizing geopotential numbers

2021 ◽  
Author(s):  
Dennis Philipp
Keyword(s):  
Weak Field ◽  
Point Of View ◽  
Theoretical Point ◽  
Theoretical Formulation ◽  
Spacetime Geometry ◽  
Weak Field Limit ◽  
Measurement Results ◽  
Fundamental Insight ◽  
Definition Of ◽  
New Framework

<p>A height definition in terms of geopotential numbers offers a variety of advantages. Moreover, from the theoretical point of view, such a definition is considered more fundamental. </p><p>We know, however, that relativistic gravity (here General Relativity) requires to reformulate the basic geodetic notions and to develop a consistent theoretical framework, relativistic geodesy, to yield an undoubtedly correct interpretation of measurement results.</p><p>The new framework of chronometric geodesy that builds on the comparison of clocks offers fundamental insight into the spacetime geometry if a solid theoretical formulation of observables is underlying modern high-precision measurements. Here we approach a genuine relativistic definition of the concept of height. Based on the relativistic generalization of geopotential numbers, a definition of chronometric height is suggested, which reduces to the well-known notions in the weak-field limit.</p>

Mistake of Law

1996 ◽  
Vol 30 (1-2) ◽  
pp. 214-221 ◽  
Author(s):  
Dan Bein
Keyword(s):  
Psychological Process ◽  
Psychological Processes ◽  
Legal Policy ◽  
Form Part ◽  
Penal Law ◽  
Penal Liability ◽  
General Part ◽  
Mental Element ◽  
Definition Of

Generally speaking, the definition of the mental element in crime does not even strive to encompass all the varieties of the psychological processes which accompany the commission of an offence, but sorts out only such components of it which legal policy dictates to be useful and workable. For instance, generally speaking, no notice is taken of the motive or of the intensity of passion, or whether the mental element was spontaneous or premeditated. In sorting out what parts of the psychological process should form part of the definition of the mental element, many considerations come into play, such as the ability to verbalize and define such processes, difficulties of proof, etc. One of the components of the psychological processes which is disregarded in the definition of the mental element is knowledge of the existence and scope of the criminal norm, and the existence and scope of “defences” (as they were called in the old Penal Law, 1977) or “limitations to penal liability” as they are now called in the new Preliminary Part and General Part of Penal Law (hereinafter the New Code).

scholarly journals About the Status of Law Norms

2021 ◽  
Vol 1 (2) ◽  
pp. 58-68
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Sciences ◽  
Point Of View ◽  
Scientific Article ◽  
Special Sciences ◽  
Legal Literature ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Status ◽  
General Scientific ◽  
The Subject

This article analyzes the problem of recommendatory norms in Russian literature, both Soviet and modern, which is solved ambiguously. As for Soviet theoretical scientists, recommendation norms were the subject of study by such authors as Nikolai Grigorievich Alexandrov, Alexander Filippovich Shebanov, Peter Yemelyanovich Nedbailo, Vladimir Srgeevich Petrov, Valery Evaldovich Krasnyansky. Viktor Mikhailovich Gorshenev, Cecilia Abramovna Yampolskaya, Vladimir Matveevich Solyanik, Viktor Lavrenievich Kulapov, whose scientific works are given below. Regarding modern legal literature, unfortunately, we have to state that, basically, with rare exceptions (scientific articles by Vladimir Valentinovich Kozhevnikov, Alexander Evgenievich Kondratyev, Sadri Salikhovich Kuzakbirdiev), this problem is considered only in educational literature. When preparing a scientific article, the following methods were used: general philosophical (dialectical-materialistic), which is used in all social sciences; general scientific (analysis and synthesis, logical and historical, comparisons, abstractions, etc.), which are used not only by the theory of state and law, but also by other social sciences; special methods (philological, cybernetic, psychological, etc.), developed by special sciences and widely used for the knowledge of state and legal phenomena; private scientific (formal legal, interpretation of law, etc.), which are developed by the theory of state and law. Soviet scientists - legal theorists: supporters and opponents of the recognition of recommendatory norms of law.  From the point of view of scientists, a "recommendatory" -containing recommendation, i.e. advice, wish [1], instruction [2].

Integral-cultural definition of a criminal punishment An integral-cultural definition: source and application

2016 ◽  
Vol 1 (1) ◽  
pp. 96-140
Author(s):  
Jarosław Utrat-Milecki
Keyword(s):  
Social Action ◽  
Point Of View ◽  
Theoretical Point ◽  
Criminal Punishment ◽  
Legal Philosopher ◽  
Moral Point ◽  
Moral Point Of View ◽  
Definition Of ◽  
Constituent Elements

Many scholars feel, like the legal philosopher Joelberg, that "punishment from a theoretical point of view is something mysterious, and from a moral point of view - disturbing" . The mystery and disturbing ambiguity of the punishment makes the formulation of its definition, and the definition of a criminal punishment in particular, which would be satisfactory, an extremely difficult task. A way out of an embarrassing situation of defining a criminal punishment is to indicate the most important circumstances and conditions that must be met in order for some social action to be called a punishment. This involves an exhaustive and comprehensive indication of the components ("constituent elements of punishment"), and at the same time a sharp cut-off of all other types of activities The question about constituent elements that give particular teams behaviour, carried out by authorized persons, the character of a criminal punishment does not concern the description of patterns of such a behaviour and their fulfilment, such as the action related to the enforcement of the obligation to pay a certain amount, physical deprivation of liberty or fulfilment of the obligation to work. It is important, however, to define the conditions in which the legal formulas of such behavior and the specific actions taken on their basis and the situations resulting from them can be described as a criminal punishment.

Mechanical analysis of coated materials undergoing fretting fatigue in a cryogenic environment

2002 ◽  
Vol 37 (6) ◽  
pp. 585-589 ◽  
Author(s):  
I Caron ◽  
G Inglebert ◽  
R Gras ◽  
J. M De Monicault
Keyword(s):  
Fretting Fatigue ◽  
Mechanical Analysis ◽  
Industrial Applications ◽  
Point Of View ◽  
Theoretical Point ◽  
Hardening Law ◽  
Coated Materials ◽  
Definition Of ◽  
Fretting Damage ◽  
Contact Parameters

Fretting damage, also known as small-amplitude oscillatory sliding motion, can lead to catastrophic failure in many industrial applications. An understanding of fretting fatigue and its reproduction in laboratory tests have enabled an evaluation to be made of the fretting resistance of homogeneous substrate. To reduce the damage caused by fretting fatigue, increasing use has been made of coatings or treatments that result in inhomogeneous solids. From a theoretical point of view, ascertaining the mechanical behaviour of materials so modified is quite complex due to insufficient definition of the contact parameters. This present study seeks to analyse a layered medium undergoing fretting fatigue in a cryotechnical environment and the improvement in its fretting fatigue resistance. The first step of the analysis of a layered alloy is the determination of the new contact parameters in elasticity, and the second is the characterization of the elastic-plastic coefficients of the strain-hardening law. An evaluation of the lifetime before crack initiation will close the analysis.

scholarly journals Modern understanding of legal policy

2020 ◽  
pp. 97-104
Author(s):  
Danis Rifkatovich Khasanov
Keyword(s):  
Social Life ◽  
Science Research ◽  
Theoretical Understanding ◽  
Legal Policy ◽  
Scientific Methods ◽  
Different Types ◽  
General Scientific ◽  
Points Of View ◽  
Definition Of

This article is dedicated to the theoretical understanding of the problem of ambiguity of the concept of “legal policy” as a complicated phenomenon that has a substantial number of attributes, which connect it with multiple occurrences within the legal sphere of social life and outside it; as well as overcoming such ambiguity through analyzing the diversity of characteristics of legal policy presented in the definitions of modern authors , and formation of the unified definition on their basis that would serve as methodological framework for the research of legal policy in all branches of juridical science. Research methodology includes the general scientific methods, such as analysis, synthesis, comparison, generalization, classification, and systemic approach. The author analyzes different points of view of the Russian scholars on formation of the concept of legal policy; describes their specific features; makes an attempt of their systematization. The conclusion is made on the presence of two different types of approaches towards determination of the content of legal policy. The author highlights most substantial characteristic suitable for both approaches, and offers an original version of a unified definition of legal policy of the state.

scholarly journals Questions de corps de définition pour les variétés abéliennes en caractéristique positive

2008 ◽  
Vol 7 (4) ◽  
pp. 623-639 ◽  
Author(s):  
Franck Benoist ◽  
Françoise Delon
Keyword(s):  
Algebraic Geometry ◽  
Abelian Variety ◽  
Positive Characteristic ◽  
Abelian Varieties ◽  
Direct Proof ◽  
Point Of View ◽  
Theoretical Point ◽  
Definition Of

AbstractDichotomies in various conjectures from algebraic geometry are in fact occurrences of the dichotomy among Zariski structures. This is what Hrushovski showed and which enabled him to solve, positively, the geometric Mordell–Lang conjecture in positive characteristic. Are we able now to avoid this use of Zariski structures? Pillay and Ziegler have given a direct proof that works for semi-abelian varieties they called ‘very thin’, which include the ordinary abelian varieties. But it does not apply in all generality: we describe here an abelian variety which is not very thin. More generally, we consider from a model-theoretical point of view several questions about the fields of definition of semi-abelian varieties.

scholarly journals The Beginnings of Translation Studies

2019 ◽  
Vol 30 (1-2) ◽  
pp. 101-119
Author(s):  
Paul St-Pierre
Keyword(s):  
Comparative Literature ◽  
Reader Response ◽  
Translation Studies ◽  
Point Of View ◽  
Theoretical Point ◽  
Reader Response Theory ◽  
Novel Approaches ◽  
Definition Of ◽  
Object Of Study ◽  
The Way

It was in the 1970s that the object of study in literature departments began to change, under the impetus of novel approaches, some radically new and others renewed forms of older ones—structuralism, semiotics, intertextuality, psychoanalysis, pragmatics, deconstruction, reader-response theory, hermeneutics, discourse analysis, etc. Many (but not all) of these were French in origin, at least in part: the names of Lévi-Strauss, Barthes, Kristeva, Lacan, Derrida, Ricoeur, Foucault can be cited. And along with the change in the definition of the object of study came a change in the way literature departments defined themselves and their role. This is clear from the way department of literatures renamed themselves and introduced new programs. These changes came about at different times in different places, dependent in good part on the amount of access that existed to the publications—many of which were in French—but especially to the debates they gave rise to. It was in this context of expansion and of redefinition—presented here in terms of my own particular history—that an interest in translation, and later in Translation Studies, developed. Of course, translation was not an entirely new object of study; linguists and students of literature (especially of comparative literature) had on occasion acknowledged its existence, and even at times, its importance. However, it was only with the advent of the new approaches to texts, to reading, to interpretation, and to the context of the transmission of meaning(s) and of expression, that a conception of the importance of translation, and of its interest from a theoretical point of view, was able to develop. This led, in the 1980s, to the construction of a new discipline—Translation Studies.

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