In the Theater of Criminal Justice: The Palais de Justice in Second Empire Paris. Katherine Fischer TaylorBroken Tablets: The Cult of the Law in French Art from David to Delacroix. Jonathan P. Ribner

1996 ◽  
Vol 68 (1) ◽  
pp. 203-204
Author(s):  
Pamela M. Pilbeam
1994 ◽  
Vol 28 (4) ◽  
pp. 739-791 ◽  
Author(s):  
Kartik Kalyan Raman

The role of legal tradition in the reformist rhetoric of Benthamite Utilitarianism presents us with a contradiction. On the one hand, there is the common observation that Utilitarian jurisprudence was necessarily ahistorical and rejected the past as a source of concepts for reworking the criminal justice system existing in Britain during the late eighteenth and early nineteenth centuries. For philosophic reformers such as Bentham, contemporary British criminal justice was to be replaced by a scientific jurisprudence, abstract, universal, and secular in outlook, and antipathetic to the more conservative insistence that the foundations of the penal law continue to be tradition-based. ‘If society was to see any improvement, its law must be reformed; if its law was to be reformed it must be burned to the ground and rebuilt according to a new and rational pattern.’ On the other hand, we find that the very same Utilitarian thinkers, in works describing the state of the law in British India, were concerned with local rather than universal conceptions of criminality. In his 1782 Essay on the Influence of Time and Place in Matters of Legislation, Bentham, for instance, urged the philosophic reformer to temper change in India by fitting Utilitarian judgments about the law to the frames of local society.


2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.


FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System


2009 ◽  
Vol 26 (3) ◽  
pp. 24-40
Author(s):  
Ogechi Anyanwu

The reemergence of the Shari`ah in northern Nigeria in 2000 is reshaping the Muslims’ criminal justice system in unintended ways. This article accounts for and provides fresh insights on how the fate of Muslim women under the Shari`ah intertwines with the uncertain future of the law in Nigeria. Using Emile Durkheim’s theory of conscience collective as an explanatory framework of analysis, I argue that the well-placed objective of using the Shari` ah to reaffirm or create social solidarity among Muslim Nigerians has been undermined by the unequal, harsher punishments and suppression of human rights perpetrated against Muslim women since 2000. A I show, not only does such discrimination violate the principle of natural justice upheld by Islam, but it also threatens to shrink, if not wipe out, the collective conscience of Nigerian Muslims that the law originally sought to advance.


2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Ntombizozuko Dyani-Mhango

Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable from judicial independence and judicial impartiality. In the past decade or so, controversy has surrounded and allegations have been made of political interference with prosecutorial independence and impartiality in South Africa. This article reflects on recent developments in the exercise of prosecutorial independence and impartiality in South Africa. The interest was sparked by recent constitutional jurisprudence in developing the law on prosecutorial independence and impartiality. In its analysis of the courts’ jurisprudence on prosecutorial independence, the article further demonstrates that this jurisprudence has had an influence in determining the independence of other institutions responsible for the administration of criminal justice.


Author(s):  
Felicity Chaplin

La Parisienne is frequently associated with prostitution, whether in the narrow sense of the streetwalker or courtesan or the general sense of the object and subject of consumption. Tracing her development in nineteenth-century art and literature, this chapter examines the way the Parisienne as courtesan is re-presented in cinema in Charles Chaplin’s A Woman of Paris (1923), Alain Cavalier’s La Chamade (1968), and Baz Luhrmann’s Moulin Rouge! (2001). Cinematic courtesans have their prefigurations in both real life courtesans of the Second Empire, as well as in representations in French art, literature, and visual culture (Manet, Degas, Toulouse-Lautrec, Balzac, Zola, Dumas fils). Motifs associated with the Parisienne courtesan include the familiar tropes associated with Paris as a demimonde: desire, pleasure, and consumption. Alongside these tropes are the visual and narrative motifs on which the iconography of the Parisienne courtesan is based: fashion or style (often conceived to denote luxury and leisure), transformation (usually from provincial to high class), ambiguity (insofar as her class origins, motivations, and emotional allegiances are generally obscure), and the ménage à trois (films featuring Parisienne courtesans often involve the choice between an earnest but poor lover and a rich benefactor).


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