Suchergebnisse

Department of Political Studies ; Report written by Rackman and published by Bar-Ilan University on the subject of theocentricity and its place in Jewish law. ; No date specified

Rozdział prezentuje teoretyczna analizę relacji zachodzącej między prawem a kontrolą społeczną przedstawiając w jaki sposób prawo jako narzędzie kontroli społecznej określa nastawienia wobec prawa.

"The author intends to present legal socialization - the concept of the sociology of law - which describes attitudes to norms, law and law enforcement institutions. For law to be effective, any individual in a given community needs to internalize a number of values and attitudes. The attitude to law will influence its application; its effectiveness will depend on the perspective adopted by the legal norm addressees who could either accept binding regulations or ignore them. An adequate legal policy helps construe legal norms in a manner to prevent costs of interventions which need to be taken when law is not convergent with social expectations." (author's abstract)

Traditionally, the quality of law is associated with observing certain principles of law making, the so-called principles of good legislation. Such a way of thinking, however, seems to be an over-simplification. Thus, the author indicates that the high-quality of legislation and the principles of good legislation are not the same. Law passed on the basis of good legislation procedures does not automatically result in the high-quality law, in particular, if one makes an assumption that the quality of law depends, above all, on legal certainty being ensured. The reflections presented here express an opinion on the immediate connection between the quality of law and the theory of law. In this perspective, thoughts on the quality of law resulted in an opinion how firmly the process of improvement in law quality is associated with the development of the theory of law. As regards the studies on the quality of law as a measure of legal certainty, three issues are pointed out in the material: 1. the quality of law from the point of view of its formation in reference to certain general social phenomena, 2. the quality of law relating to a person, 3. the quality of law in judicial activities.

The institution of self-defence comprises both provisions of the General Part (art. 36 and 37:self defence and imaginary self defence) and the Special Part (art. 118 and 124: intentional killing,causing grievous bodily harm as a result of exceeding the borders of self defence or using excessivemeasures necessary to catch the perpetrator) of the Criminal Code of Ukraine.There are diverse opinions in Ukrainian jurisprudence concerning the problem of how selfdefenceand other circumstances eliminate the illegality of a forbidden act. The aim of this paper isto present the main attitudes to these problems. The approach considering self-defence in the lightof legality is the most popular view. There is also an approach according to which one distinguishesthe prerequisites for self-defence and the elements of such self-defence taking into account elementssuch as: the subject – the aim – the objective side – the subjective control. The socially harmfulattack which justifies the use of self-defence should be analysed using both of these approaches.The features of a legitimate self-defence are: the subject – a private person; the aim – to causeinjuries to the attacker (the direct aim) in order to repel or stop the attack (the indirect aim) in orderto defend legally protected rights and interests of a person, interests of the society or the state (thefinal aim); the object – the attacker, his rights and interests; the objective side – actions casually connectedwith the causing of harm to the attacker, commensurable with the harmfulness of the attackand the state of the defence; subjective control – proper realisation by the subject of the prerequisitesand features of the defence and the will to cause commensurable harm to the attacker.Two types of exceeding the borders of self-defence are distinguished in the paper: exceedingthe borders of acceptable harm and exceeding the borders of adequate harm. Criminal responsibilityfor exceeding the borders of self-defence arises only in cases clearly provided for in art. 118 and 124of the Criminal Code of Ukraine. The sanctions in these articles are much more lenient than in thecase of corresponding offences not committed while exceeding of the borders of self-defence (art.115, 119 and 121 of the Criminal Code of Ukraine). ; Artykuł nie zawiera abstraktu w języku polskim