scholarly journals BECCARIA TRA DIRITTO PENALE ED ECONOMIA PUBBLICA

Author(s):  
Gian Paolo Massetto

Beccaria between criminal law and public economics. As Mario Romani wrote in 1966: ‘the most mature and solid part of Beccaria’s work as system builder, that is, his lectures on economia pubblica delivered between 1769 and 1772, and the empirical investigations or consulte stemming from inquiries undertaken in his capacity as a member of government bodies, was for a long time wholly or partly overlooked, or entrusted to unreliable editors, who were ready to print manuscripts the Author himself had not deemed worthy of publication’. This discomfort is no longer justified. The Elementi di economia pubblica will soon be published, while the Atti di Governo have recently appeared in print. We now know the details of Beccaria’s activity in the Supremo Consiglio d’Economia, as Head of the First and then of the Second Department, and as a member of the Consiglio di Governo. We can evaluate his contribution to both theory and practice in the fields of criminal law and economics. The aim of this essay is to assess the consistency between Beccaria’s theoretical writings and his field work, with particular reference to freedom of trade (of grains in particular), free bakery, hunting, forest and mines, the Pizzighettone prison, and the Milan house of correction.

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.


Electronics ◽  
2021 ◽  
Vol 10 (9) ◽  
pp. 1117
Author(s):  
Bin Li ◽  
Zhikang Jiang ◽  
Jie Chen

Computing the sparse fast Fourier transform (sFFT) has emerged as a critical topic for a long time because of its high efficiency and wide practicability. More than twenty different sFFT algorithms compute discrete Fourier transform (DFT) by their unique methods so far. In order to use them properly, the urgent topic of great concern is how to analyze and evaluate the performance of these algorithms in theory and practice. This paper mainly discusses the technology and performance of sFFT algorithms using the aliasing filter. In the first part, the paper introduces the three frameworks: the one-shot framework based on the compressed sensing (CS) solver, the peeling framework based on the bipartite graph and the iterative framework based on the binary tree search. Then, we obtain the conclusion of the performance of six corresponding algorithms: the sFFT-DT1.0, sFFT-DT2.0, sFFT-DT3.0, FFAST, R-FFAST, and DSFFT algorithms in theory. In the second part, we make two categories of experiments for computing the signals of different SNRs, different lengths, and different sparsities by a standard testing platform and record the run time, the percentage of the signal sampled, and the L0, L1, and L2 errors both in the exactly sparse case and the general sparse case. The results of these performance analyses are our guide to optimize these algorithms and use them selectively.


Author(s):  
Richard H. McAdams ◽  
Thomas S. Ulen

2021 ◽  
pp. 104-108
Author(s):  
Andrianov V. K. ◽  
◽  
Pudovochkin Yu. E. ◽  
Tolkachenko A. A.

The publication presents a report on the All-Russian round table organized by the Center for the Study of Problems of Justice of the Russian State University of Justice and devoted to topical issues of theory and practice of the application of criminal law measures. A summary of the content of the speeches of the participants and the main content of the discussion are presented.


Author(s):  
Shukhrat Khodjievich Alirizaev ◽  

The article deals with the theoretical problems of social danger of the crime of abuse of power or official position (Article 205 of the Criminal Code), its place in criminal law, its connection with other official crimes. It also analyzes the increase in this crime in public life, corruption offenses and the origin of crimes. Signs of these and other official crimes are highlighted. Qualification issues in the competition of general and special official crimes are analyzed.


1931 ◽  
Vol 56 (3) ◽  
pp. 621-646 ◽  
Author(s):  
Gertrude Lilian Elles ◽  
Cecil Edgar Tilley

The main object of tho present paper is the consideration of the structure of the Central and S.W. Highlands as shown up by the metamorphic condition of the beds. This metamorphic condition has boon studied over the length and breadth of the country, mapped and deduced from very many outcrops in all districts. Sometimes it was possible to superpose the the details respecting the metamorphism upon the 1-inch maps of the Geological Survey, but in many other cases the areas were mapped upon the 6-inch scale. Naturally this work has taken a long time, for it has necessitated the collection of many thousands of specimens, and nearly 3000 rocks have been sliced and examined, since it is not always possible to define the limits of a metamorphic zone with precision by field work alone, and many rock types were encountered that rendered a more careful study advisable than was possible from the mere examination of a hand specimen.


Author(s):  
Tetiana Stambulska

The article analyzed the peculiarities of the interpretation of the «communication culture» in the context of scientific researches of the past and contemporary domestic researchers. An analysis was carried out to define the concept of «communication culture of a person», the approaches to the definition of this concept are singled out. The positions of scientists concerning the role of eloquence in the formation of the linguistic personality are analyzed, the language is analyzed as a «social and psychological phenomenon», historical conditions of the formation of the concept of «communication culture» are characterized, in particular, attention is focused on the formation of the linguistic personality. It was found out that studies of the ancient traditions of the formation of the language of culture make it possible to better understand modern trends in the development of the person's communication culture. Modern studies have shown that in linguistics for a long time there was no unity in the interpretation of the concepts of «language» and «communication». Problems of the formation of the culture of broadcasting have become the object of research by eminent thinkers, beginning with the period of Antiquity. The question of the formation of a culture of speech has long traditions. Note that in European linguistics, the first decades of the twentieth century. Theoretical study and approval of the concept of «culture of language» in the scientific circulation is underway. It should be noted that in connection with the introduction of information and communication technologies in all spheres of society life has increased interest in the theory and practice of eloquence. This is explained by the fact that the active use of information and communication technologies involves the search for ways of speaking influence, both on the interpersonal and on the public level. According to authoritative experts in rhetoric, L. Matsko, O. Matsko, N. Mykhailychenko, V. Poltupets, etc., there are also communicative reasons that ensure the actual and further development of the theory and practice of oratory in the XX-beginning of the XXI century.


1982 ◽  
Vol 11 ◽  
pp. 151-166
Author(s):  
Per-Arne Berglie

This paper describes a short study of the séances and trance-performances of three Tibetan spirit-mediums (dpa' bo) from a refugee-community in Nepal. The field-work on which this study is based was carried out in a Tibetan refugee-village in Nepal during 1970 and 1971. For each dpa' bo:  dBang phyug, Sri gcod, and Nyi ma don grub, a summary of personal thoughts and beliefs concerning possession is provided, followed by an example of how a séance was structured. A common feature is that when all the gods summoned have arrived, possession took place by the god most suited to carry out the task of the evening. The actual change of the ritual status of the spirit-medium is marked by the putting on of the headdress. From now on, until it falls off at the end of the séance, it is the god who speaks and acts through the medium, who afterwards claims that he has no recollection whatsoever of what then passes. A necessary condition for the activity of a spirit-medium is, of course, the conviction that their possession is genuine. Theoretically, when a dpa' bo has passed the period of calling and has been tested and has received the necessary training, this genuineness is proved. Of an established dpa' bo no further proofs are therefore required in addition to the satisfactory solution of the problems put to him at the séances. If, after all, someone has doubts about a dpa' bo, he can call a lama.


2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.


Author(s):  
A. V. Teslenko

The importance of the historical method in the research of all legal phenomena and processes have been highlight a long time ago — so even pre-revolutionary Russian jurists noted that history “indicates a natural cause of existing ugliness and all of this or that condition of criminal law, it states the source of its progressiveness, and provides data for the evaluation of both, old and new, theories and criminal law teachings”. Therefore, the current research and debate on the criminal liability of legal regulation of the problems of anti-competitive agreements should be anticipated by highlighting the evolution of the relevant norms, the development of which took place within the boundaries of three periods — pre-revolutionary, soviet and modern or post-soviet.The author, referring to the original sources, presents the historiography of the evolution of domestic legislation in the field of criminal law protection of competition, and discovers the prototypes of current prohibitions on anticompetitive agreements and mechanisms for identifying such violations.


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