Suchergebnisse

The subject of the study is the criminal policy in the context of contradictions in the functioning of the courts.The purpose of the study is to investigate, which contradictions of criminal policy are generated by a multi-level system of courts, and which mechanisms for overcoming them in order to optimize criminal policy could be found out.The methodology. In modern conditions of diversification of methodological approaches to organizing and conducting political-legal research, it is important not to discard, but to rethink and rediscover the epistemological possibilities of the methods of classical science, especially the method of dialectical analysis.The main results and scope of the study. The use of the category "dialectical contradiction" for the purpose of studying the problems of the functioning of the courts in terms of the interpretation and application of criminal law provisions opens up new possibilities in the study of criminal and judicial policy, as well as determining the prospects for its development. In the study, the law enforcement contradictions of criminal policy refer to the relations between courts of various types and levels that develop in the course of their functioning and reflect the opposite approaches of law enforcement bodies to the interpretation and application of criminal legislation. Considering the level and type of legal proceedings, these contradictions can be summarized in the following groups: (a) between national and international courts; (b) between superior courts of the national legal system; (c) between the courts of various instances of the system of courts of general jurisdiction.The contradictions between national and international courts, emerging in the field of protection of human rights and freedoms, are an objective source of development of judicial practice and policy. The resolution of these contradictions is based on the consensus of various courts and compromise. If the position of the European Court of Human Rights does not contradict the provisions of the Constitution of the Russian Federation, the state adjusts its legal practice in the direction set by the authoritative international instance by means of: (a) direct application of national legislation with due regard for the ECHR's legal positions; (b) the application of national legislation in its constitutional interpretation by the Constitutional Court of the Russian Federation, which does not differ from the decisions and positions of the ECHR; (c) amending national legal acts in pursuance of ECHR judgments. In exceptional cases, when the position of the European Court touches upon issues of the country's constitutional identity, the contradiction between the international and national legal order is resolved by the Constitutional Court of the Russian Federation on the basis of the priority of constitutional norms.At the level of the superior national courts the contradictions are represented by the differing positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the assessment and interpretation of criminal law provisions. Such contradictions can be thought of as latent until they are not revealed in constitutional proceedings. The identification and resolution of these contradictions is the most important direction of legal policy in the country; it reflects the consistent solution of the aim of constitutionalization of the criminal law.At the level of the system of courts of general jurisdiction, the concept of "contradiction" can only be applied to those differing approaches of the courts to solving criminal cases that do not go beyond the rule of law. Contradictions arise only when, having correctly established the factual circumstances of the case, the courts disagree in the choice of the legal provision to be applied, although any such choice can be explained and motivated. These contradictions may or may not be related to the quality of criminal legislation. Therefore, the mechanism for their resolution includes not only law revision. It is important to use the capabilities of the judicial system itself to develop a consensual understanding of the textual content of the criminal law and the rules for its application.Conclusions. Overcoming the contradictions of the judicial criminal policy is possible only in the process of communication and dialogue between the courts of different levels on the basis of differentiation of jurisdiction, respect for authority and independence. ; Рассматриваются противоречия судебного уровня реализации уголовной политики, которые складываются в сфере функционирования международных и национальных судов различных уровней при толковании, оценке и применении правовых норм. Предлагается классификация этих противоречий на основе уровня, вида судопроизводства и источника возникновения, которая помогает лучше понять механизм функционирования судебной системы, роль судов в обеспечении верховенства права. Принимая во внимание диалектическую природу противоречий, доказывается, что механизм их преодоления должен включать в себя как организационные решения в части разграничения компетенции судов, так и идейно-нормативные решения, обеспечивающие компромисс судебных позиций ради достижения общей цели соблюдения прав человека при разрешении уголовно-правового конфликта.

Preliminary Material -- Compatibilism(s) for Neuroscientists /Michael S. Moore -- Intending to Aid /Gideon Yaffe -- Embarking on a Crime /Sarah Paul -- Responsibility and the Doctrine of Double Effect /Claire Finkelstein -- What Temptation Could Not Be: A Lesson from the Criminal Law /Gabriel S. Mendlow -- Legal Agreements and the Capacities of Agents /Andrei A. Buckareff and Lara E. Kasper-Buckareff -- Law, Action, and Collective Agency: The Cognitive Integration Approach /Carlos Montemayor.

The King's Felons examines the subtle but intentional development of criminal confinement as an alternative to capital punishment in early Tudor England. As the judicial establishment looked for ways to enhance law and order without provoking political opposition, they increasingly turned to two traditional mitigations of criminal punishment: benefit of clergy and sanctuary. Often reviled as corrupt clerical rights which served to undermine secular authority and the rule of law, benefit of clergy and sanctuary in fact provided the justices with room to manoeuvre, allowing them to punish a larger number of felons less harshly while avoiding political scrutiny. The King's Felons explores the evolution of this approach over a period of sixty years, allowing us to see not only the internal development of both law and process, but the ways in which the judicialsystem responded to external pressures.The dissolution of the monasteries between 1536 and 1540, together with the steady erosion of the wealth and power of the bishops, meant that the institutional and financial foundations on which the justices built this system began to crumble as it was reaching fruition. Over the next two decades they scrambled, with limited success, to secure some small vestiges of the system they had built. The epilogue connects the state of the system in the aftermath of this collapse to our existingunderstanding of the system in the later part of the century.Providing the first detailed study of criminal justice in the early Tudor period, The King's Felons highlights the role of the Church in the administration of criminal justice and reframes our understanding of many significant acts of the Reformation parliament. This book is a must-read for students and scholars of Tudor history, legal historians and those interested in the role of the church with regard to politics, law, and crime

Law in a transnational context loses the features with which it has been configured since modernity. Classic distinctions between national and international, public and private, substantive and procedural, legal and political, social and legal lose their rigidity in a context of norms, orders, institutions and agents that interact and overlap in diverse and changing ways. A legal theory capable of explaining and evaluating this overflowing egal reality is lacking. A theoretical reflection on international law is not enough. Transnationalism appeals to a plurality of legal actors and spaces that interact to create, interpret and enforce rules which they mutually identify with. Transnationalism does not only refer to the global or the supranational, but to the interdependence of both with the local and transit spaces. And this translates into a change of focus or perspective that is required of each legal agent: management of the interrelation between diverse orders aimed to create spaces for approach, contestation and innovation is a normative requirement and it must be weighed against other legal values. Concepts to which legal theory must focus its attention change their meaning. The work refers to four of those concepts that I consider essential: social group or community, relations between orders and interlegality, coercion and normative diversity. The last part of the paper addresses the way in which these necessary changes have a place in our theories elaborated from the perspective of the great traditions of legal philosophy. What legal positivism, socio-legal theory and legal realism have in common might be an appropriate approach to the review of our discipline.

Political and legal tools have emerged since the 1970s, and especially in the last two decades, that provide political and legal power to neighborhoods. However, these tools are often used in an ad hoc fashion, and there has been scant analysis of how these tools might work together effectively. This Article asserts that those locations in cities that evoke a "sense of place" are created not just with architectural or landscape design, but by the operation of neighborhood legal tools as well. This Article argues that cities consciously overlay the panoply of emergent neighborhood legal tools as a means of place-building. This approach is referred to in the Article as creation of a de facto "legal neighborhood." This approach does not call for secession of neighborhoods from cities or for the wholesale privatization of public functions, as have others that argue for neighborhood empowerment. Rather, the Article asserts that the collective operation of these neighborhood tools is greater than the sum of their parts, providing a method for civic engagement at a level city-wide politicians feel comfortable serving, in which residents feel comfortable participating, and which is proven to assist the kind of place-making that makes densely settled areas attractive. These features of the neighborhood make understanding legal neighborhoods a necessary component to any effort to address the built environment's social, political, and especially its environmental effects, such as climate change. The Article provides approaches for linking the neighborhood to city and regional affairs, and a history and theory of the concept of the neighborhood as an argument for the important role and function of neighborhoods in American life.

The national banking legal system uses two operational principles, namely conventional and sharia. Sharia banking was born and based on the Islamic legal system. Islamic banks in Indonesia have only been operating for about 25 years. This is still relatively new compared to conventional banks which have been used for more than a century. Various regulations were made to support the development of Islamic banks. This paper will examine the scope of the national banking legal system and the implementation of sharia principles in the material law of the national banking legal system. From the results of the study it was concluded that: (1) The legal system of Islamic banking in Indonesia consists of three components of the legal system, namely legal substance (material law and formal law), structure, in the form of institutions that support Islamic banking, and culture, both corporate culture , as well as the culture of society. This is in accordance with the elements of the legal system put forward by L. Friedman. (2) The implementation of sharia principles in material law within the scope of the national banking legal system has been embodied in laws and regulations in the banking sector which contain sharia principles. Hierarchically starting from the constitution, namely the 1945 Constitution, Government Regulations, Financial Services Authority Regulations, National Economic Law Compilation and DSN-MUI Fatwas. However, in a number of regulatory matters (material law) Islamic banking is still the same as conventional banks.