scholarly journals Christian interpretation of anthropological guidelines for lawmaking

Author(s):  
Mykola Nesprava ◽  
Mykhailo Rizak ◽  
Vladlen Volkov ◽  
Oksana Voluiko ◽  
Yevhenii Skrypa

The objective of the article is to reveal the main foundations of human creation enshrined in Christian doctrine, which serve as axiological guidelines for the elaboration of laws, providing a humanistic content of the law. The research methodology is based on dialectical, formal-dogmatic, sociological, comparative-legal and documentary methods. The results of the study demonstrate that theocentrism and anthropocentrism are not opposed to each other in Christianity, but rather are combined into an integrated theological and anthropological picture of a man. Considering this prism of legal consciousness as a reflection of the supreme law of God, the authors refute the secular-positivist view of "homo juridicus" as a soulless subject of law and emphasize the role of the Gospel commandments as a guide. for the elaboration of laws. It is concluded that the Christian vision of the synergistic interaction of the human being and the legislator through the unity of three incarnations: "homo spiritus" - "homo sapiens" - "homo juridicus" indicates the values, which are designed to ensure humanization of the law through the humanization of social relations in general.

1975 ◽  
Vol 5 (2) ◽  
pp. 245-258
Author(s):  
Donald VanDeVeer

In a recent trial in the United States a physician was convicted of manslaughter during the performance of a hysterotomy on a woman pregnant from twenty to twenty eight weeks. Some members of the jury, in their deliberations, were much impressed by seeing a photograph of a fetus of about the same age. The experience apparently provided some jurors with reason to conclude that the fetus which did die during or immediately after the hysterotomy was a human being or a person or, at least, was so like a child that the killing of it was prohibited by the law of homicide. If being a human being is not the same as being a pre-natal progeny of homo sapiens, it is difficult to understand how one could “tell by looking” whether the fetus is a human being. But the sight of a fetus of twenty weeks or longer does, I think, tempt us to think that from a moral standpoint we ought to extend the same treatment to such fetuses, or virtually the same, as we extend to newborn babies and young children. The visual similarities between middle or late stage fetuses and newborn babies is striking.


2014 ◽  
Vol 69 (3) ◽  
pp. 342-365 ◽  
Author(s):  
Gretchen Murphy

Gretchen Murphy, “Revising the Law of the Mother in the Adoption-Marriage Plot” (pp. 342–365) This essay traces a common plot in British and American fiction in which an outsider is first adopted and then later marries into a family. Such plots have been linked with the transition from blood to voluntary association in liberal society, but this essay examines the apparent superfluity of adoption and marriage in bringing the outsider into the family. Surveying historicist and psychoanalytic interpretations of the role of incest in the formation of democratic and contractual community in these works, the essay uses Juliet Mitchell’s psychoanalytic theory of siblings to propose that these plots address a central challenge of democracy: mediating equality and freedom when a legally imposed equality among all stands at odds with the freedom to create closed communities of choice. Shifting from adopted siblinghood to marriage enables a fantasy of social relations that are entirely chosen rather than imposed. Novels discussed include Jane Austen’s Mansfield Park (1814); James Fenimore Cooper’s Wyandotté (1843); Emily Brontë’s Wuthering Heights (1847); Maria Susanna Cummins’s The Lamplighter (1854); Frank J. Webb’s The Garies and Their Friends (1857); Anthony Trollope’s Doctor Thorne (1858); Harriet Beecher Stowe’s The Pearl of Orr’s Island (1862); Augusta Jane Evans’s St. Elmo (1866); María Ruiz de Burton’s Who Would Have Thought It? (1872); and Helen Hunt Jackson’s Ramona (1884).


2018 ◽  
Vol 28 (3) ◽  
pp. 281-302 ◽  
Author(s):  
Ana Aliverti

This article explores the place of law and legality in the formation of British national identity and its reproduction (and contestation) inside the courtroom. It draws on sociolegal scholarship on legal culture, legal consciousness and ‘law and colonialism’ to shed light on the cultural power of the law to forge national subjectivities. The law does more than adjudicating justice and imposing sanctions. Its symbolic power lies in its capacity to construct legal subjectivities, of both individuals and nations. Through the law and its categories, people make sense of the social world and their position in it. The law can articulate national identities by expressing who we are and who we would like to be as a nation. By exploring the place of the law in discourses of British nationhood, this article contributes to our understanding of the ideological role of the law in reifying racial and global hierarchies. It also sheds light on how the boundaries of belonging can be unsettled through law’s power.


2019 ◽  
Vol 16 (2) ◽  
pp. 291-318
Author(s):  
Yogi Prasetyo ◽  
Iffah Ja'a

This article is the result of research that aims to explain the importance of study about socio-legal. The rapid development of society can lead to problems in life. Human beings must immediately fulfill the demands of practical interest. Therefore, sociolegal development as a discipline of law closely related to real-life in society becomes an urgent role. Various problems in social relations require the role of the law to solve them. We see how the law of life and development in society becomes essential in the science of law because law and society can not be separated. The research method used is a literature review with a philosophical approach. The research results show that sociolegal study is significant to see and understand the law in real life in society. The method of generalized inductive reasoning becomes sociolegal to understand it, and its practical value of use makes sociolegal a legal discipline that can follow the realities of the times.Artikel ini adalah hasil penelitian yang bertujuan untuk menjelaskan pentingnya studi tentang sociolegal. Perkembangan masyarakat yang pesat dapat menyebabkan masalah dalam kehidupan. Tuntutan kepentingan praktis harus segera dipenuhi oleh manusia. Oleh karena itu, pengembangan sociolegal sebagai disiplin ilmu hukum yang erat kaitannya dengan kehidupan nyata dalam masyarakat menjadi peran yang mendesak. Ada berbagai masalah dalam hubungan sosial yang membutuhkan peran hukum untuk menyelesaikannya. Melihat bagaimana perkembangan hukum dan pembangunan dalam masyarakat menjadi penting dalam ilmu hukum, karena hukum dan masyarakat tidak dapat dipisahkan. Metode penelitian yang digunakan adalah studi pustaka dengan pendekatan filosofis. Dari hasil penelitian menunjukkan bahwa kajian sosiologi hukum sangat penting untuk melihat dan memahami hukum dalam kehidupan nyata di masyarakat. Metode penalaran generalisir induktif membuat sociolegal untuk mendapatkan pemahaman tentang itu dan nilai praktis penggunaannya membuat sosiologi hukum merupakan disiplin hukum yang dapat mengikuti realitas zaman.


2021 ◽  
Vol 22 (1) ◽  
pp. 41-48
Author(s):  
Claudio Roberto Fernandes

ResumoA Associação de Proteção e Assistência aos Condenados – APAC, surge como alternativa a execução da pena no cárcere convencional, promovendo a humanização da pena e possibilitando assim o retorno digno do preso a sociedade, através da disciplina, profissão, escolaridade e religiosidade que possibilitam a transformação do preso em nova pessoa. O problema é as poucas APACs instaladas para tantos interessados, considerando que os detentos requerem ter seu cumprimento de pena em uma dessas unidades, que, infelizmente são insuficientes. Essa pretensão dos presos se justifica porque enquanto no sistema convencional eles ficam ociosos na maior parte do tempo, sem acompanhamento médico, psicológico e odontológico, na APAC o cenário é totalmente diferente. Dessarte, este trabalho objetivou analisar a APAC de Pouso Alegre – MG, pela percepção dos seus dirigentes e recuperandos, sobre as dificuldades, desafios e resultados. A metodologia de pesquisa científica escolhida foi de natureza exploratória e descritiva, abordando o método qualitativo. Concluiu-se que as APACs são juridicamente legais, respaldadas pela Constituição da República de 1988 e pela Lei de Execução Penal na busca de parâmetros legais para a ressocialização dos recuperandos, promovendo a dignidade do ser humano e a humanização da pena, reduzindo em cerca de cinco vezes a chance de reincidência pelos recuperandos da APAC, onde esses presos saem da instituição com seus estudos concluídos, profissionalizados e humanamente evoluídos, saindo para a liberdade felizes, inclusive na maioria das vezes empregados em padarias e supermercados de Pouso Alegre que tem convênio e priorizam empregar os egressos da APAC. Palavras-chave: APAC. Humanização. Pena Alternativa. Pouso Alegre. AbstractThe Association for the Protection and Assistance of Convicts - APAC, emerges as an alternative to the execution of the sentence in the conventional prison, promoting the humanization of the sentence and thus enabling the dignified return of the prisoner to society, through the discipline, profession, education and religiosity that enable the transformation of the prisoner into a new person. The problem is that there are few APACs installed for so many interested parties, considering that detainees require that they serve their sentences in one of these units, which, unfortunately, are insufficient. This claim of the prisoners is justified because while in the conventional system they are idle most of the time, without medical, psychological and dental care, in APAC the scenario is totally different. Therefore, this work aimed to analyze the APAC of Pouso Alegre - MG, by the perception of its leaders and recovering people, about the difficulties, challenges and results. The chosen scientific research methodology was exploratory and descriptive in nature, addressing the qualitative method. It was concluded that the APACs are legally legal, supported by the Constitution of the Republic of 1988 and the Law of Penal Execution in the search for legal parameters for the resocialization of the recovered, promoting the dignity of the human being and the humanization of the penalty, reducing by about five times the chance of recidivism by the APAC recoveries, where these prisoners leave the institution often with studies, professionalized, and humanly evolved, leaving for freedom happily, including most often employed in bakeries and supermarkets in Pouso Alegre, which has an agreement and prioritize employing APAC graduates. Keywords: APAC. Humanization. Alternative Penalty. Pouso Alegre.


2019 ◽  
Vol 15 (3) ◽  
pp. 23-31
Author(s):  
Lyudmila N. Berg

Introduction. The modern legal system is unthinkable without the creation, transmission, exchange, movement of legal information. Indeed, the full cycle of legal development (from legal thinking to law enforcement) implies the perception, creation, change, transfer of legal information. Through legal influence a permanent and multidirectional movement of legal information is carried out, as well as its reflection in the legal consciousness of the subject and subsequent incarnation in behavior. The significance and role of legal influence is clearly manifested precisely in the fact that legal information, for example, contained in the text of the legal norm, being brought to the consciousness of a person, becomes an effective force directing and regulating the behavior of the subject.Materials and methods. Universal (philosophical), general scientific, private scientific (private law) methods of cognition were used in the research process, including dialectical, logical and formal-legal methods. The specificity of the subject of the study led to the use of information and systems approach.Results. The author formulates the definition of legal information as a set of information and other data that are presented in legal acts, regulatory and technical, reference and scientific materials, as well as legal information created and transmitted by subjects in the course of their interaction, which results in the streamlining of social relations of subjects. It is noted that legal information may be formal and informal.Discussion and conclusion. The author comes to the conclusion that the synergy of legal influence is the effect of increasing efficiency through the use of interconnection and mutual reinforcement of the «work» of different elements and components of legal influence based on the movement of legal information.


2019 ◽  
Vol 13 (1) ◽  
pp. 102-110
Author(s):  
E. E. Novikov ◽  

The article is devoted to the study of the role of legal facts in the mechanism of the penal regulation. In the process of analyzing the legal facts contained in the penal legislation the following conclusions were formulated that deserve attention: – the norms of the penal law being one of the main elements of the system of the mechanism of the penal regulation are brought into the sphere of their practical application by legal facts. The absence of a legal fact, if there are sufficient grounds for the application of the prescription, suggests that the rule laid down in the law will be “problematic” or in some cases “dead”; – the mechanism of the penal regulation contains two groups of legal facts. The first group (main) of legal facts influences the penal law relations, which the mechanism in question directly regulates. The second group (special) of legal facts forms social relations, which the mechanism under study does not regulate, but has a legal effect; – the existence and liquidation of the mechanism of the penal regulation depends only on two types of legal facts: the first determines the launch of the mechanism of the penal regulation, giving rise to general penal relations, and the second, freeing the convict from serving the sentence, stops the action of the system of legal means in question. All other types of legal facts only change, transform the mechanism of the penal regulation; – the moment of generation by a legal fact of general legal relationship does not always coincide with the moment of launching the mechanism of the penal regulation. In other words a penal relationship can be created, but the mechanism starts later; – the system of legal means that form the mechanism of the penal regulation consists of legal facts that are not fixed in the norms of the penal legislation, but are necessary to achieve its goals. We are talking about individual acts of the participants of the penal relations.


10.12737/5281 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 94-106 ◽  
Author(s):  
Павел Трощинский ◽  
Pavel Troshchinskiy

The article discusses some features of the modern legal system in China , formed under the direct influence of Chinese traditional concepts about the role of the Right and the Law in the society. The attention is focused on moral teachings of Confucius and the views of legalists, that had had a decisive influence on legal culture and legal consciousness of a Chinese citizen. Explores the attitude of Chinee to liability and punishment, the death penalty, specificity of the legal regulation of social relations in the Chinese state. Provides examples from the law enforcement practices and legislative activity, confirming the close relationship between the modern and the traditional law in China. The special place in researching is occupied by issues of crackdown legal liability against violators of legal regulations. Analyzes the most resonance criminal cases in relation of those people, who sentenced to death , have committed crimes in the field of illicit drug trafficking , driving while intoxicated, resulted the death of two or more persons, verdicts to the supreme penalty of persons involved in the addition of melanin in infant formulas. The influence of tradition, customs and moral principles on modern legislative activities of Chinese legislator is confirmed by other examples through the prism of the modern and the traditional law in China. The author calls for to pay more attention to tradition while analyzing the current legislation of China. The modern law of China is closely connected with traditional Chinese concepts about place and role of the Law in society.


2009 ◽  
Vol 34 (04) ◽  
pp. 799-824 ◽  
Author(s):  
Erik D. Fritsvold

A growing body of sociolegal scholarship focuses the study of law away from formal texts and legal institutions and toward the experiences and perceptions of “everyday” citizens. This study introduces seventeen “radical” environmentalists who engage a repertoire of tactics that includes some actions that involve relatively severe forms of illegality. This research seeks to investigate the role of civil disobedience and lawbreaking within the radical environmental movement and the corresponding legal consciousness of movement actors. Utilizing ethnographic fieldwork and content analysis, this analysis suggests that Ewick and Silbey's (1998) three‐tiered model of legal consciousness is an operative starting point, but could be enhanced through theoretical expansion. This study proposes a new category of legal consciousness—Under the Law—that views the law as the protector and defender of a social order that is fundamentally illegitimate. Under the Law is qualitatively different from existing conceptualizations of legal consciousness and reaffirms the mutually constitutive nature of law and society.


Sign in / Sign up

Export Citation Format

Share Document