scholarly journals Évolution du concept de dangerosité en criminologie européenne (« Vingt ans après... »)

Criminologie ◽  
2005 ◽  
Vol 17 (2) ◽  
pp. 79-91 ◽  
Author(s):  
Guy Houchon

In this article, we examine how dangerousness is a concept which is now scrutinized in Europe in terms of criminal policy, clinical criminology and criminology in general. On the one hand, new rationales based on the fear of crime shed some light on criminal policy; on the other, the current conceptual crisis in criminology must not lead to a refusal to perceive serious problematic situations which really affect some persons. Social intervention interrogates us in a critical perspective linked to the abolitionist model.

2021 ◽  
pp. 31-40
Author(s):  
Anna Ivanova

The article studies the concept of the global social order as a subject of social research. The author starts with pointing at the changes in the structure and the character of the today's global social order (acceleration of exchanges and flows, gradual disappearing of a single hegemony, multipolarity) and claims that it is exactly capitalism that becomes a foundation for multipolar but yet unequal constitution of the global order. The article proposes to deal with the global social order as an example of a global subject – alternative to world system or global system – which can be placed in focus of social research. Also, the paper offers a definition to the notions of social order and global social order. Then the author provides several possible classification of the approaches to the study of the global social order, and then moves on to pointing out their mutual positions. The paper considers capitalism as a special form of global social order and suggests to analyze imperialism and neocolonialism as, on the one hand, the products of this order, and on the other hand, as instruments for its legitimation and hegemony. In the further research the suggested model can be used, first, for the improvements in the study of sociology's global subject, and, second, for deepening the knowledge about the process of (re)production of global social order.


2021 ◽  
pp. 110-122
Author(s):  
Jochen Dreher

Does the phenomenological paradigm omit the examination of the problem of power? Frequently formulated criticisms of phenomenological thought underline that it would be characterized by oblivion of power. The following line of argument will demonstrate that phenomenology and phenomenologically oriented sociology do have the theoretical potential to open up a critical perspective as well as to analyze phenomena of power. The focus will be on the basic question on how the phenomenological perspective can be used to investigate power structures, social inequality, justice, violence, subjective and intersubjective experiences of alienation and suffering. In this sense some reflections will be presented on how phenomenological description is used as critical diagnosis. The paper deals on the one hand with criticism of the phenomenological paradigm of an alleged oblivion of power, and on the other hand it reflects upon the this paradigm'spotential of with respect to a formulation of social critique.


1998 ◽  
Vol 5 (3-4) ◽  
pp. 277-309 ◽  
Author(s):  
Werner Greve

The seemingly paradoxical result that despite their much lower objective risk of criminal victimization older persons show significantly higher fear of crime than younger ones has become a commonplace within criminology in the last two decades. It is argued that this so-called ‘victimization-fear-paradox’ can be resolved by theoretically and empirically differentiating cognitive, affective, and behavioral aspects of fear. Additionally, gerontological concepts partially explain the linkage between objective risk of victimization and fear on the one hand and age and fear on the other. In particular, arguments from a gerontopsychological perspective reveal that older people are by no means irrational but, on the contrary, behave in an adequately cautious way because they know about their higher physical vulnerability. It is due to their carefulness that older people are in fact less often victims of crime than younger ones. Results from a nationwide representative victim-survey in Germany are presented in order to support and illustrate these arguments. It is concluded that a closer look at the concept of ‘fear of crime’, as well as at the victimological data, explains a finding which seems to be unexpected from the ‘paradox's’ point of view: fear of crime is not a major problem of the elderly's daily life.


2021 ◽  
Vol 33 (2) ◽  
pp. 35-51
Author(s):  
Marcin Burdzik ◽  

‘The Good Samaritan Clause’ is a new justification, which exclude criminal liability for non-blatant and unintentional medical error. The solution adopted is, on the one hand, an important precedent in the approach to the issue of medical errors and represents turn towards the ‘no fault’ system. On the other hand, it may adversely affect the implementation of certain functions of criminal law. The aim of the article is a comprehensive analysis of the justification introduced, an attempt to assess its legitimacy and impact on the health care system and the fundamental assumptions of the state's criminal policy in the context of criminal law functions.


2019 ◽  
Vol 95 (1) ◽  
pp. 7-23
Author(s):  
Winfried Böhm

Abstract German Philosophy of Education between Preparation for War and Desire for Peace From both a historical and critical perspective, the article reconstructs the problematic transition of German Philosophy of Education from an enlightened to a romantic thinking as well as from the state’s political concept of orientation to that of the people in the nineteenth and early twentieth centuries. This reveals a strange fluctuation of pedagogy in theory and practice between a latent preparation for war on the one hand and a vague longing for peace on the other hand.


1996 ◽  
Vol 26 (1) ◽  
pp. 3-19 ◽  
Author(s):  
Michael Ben-Chaim

This study concerns the relationship between agent, author, and matters of fact in the doctrine and practice of classical empiricism. More particularly, it aims to provide a tentative answer to the following questions: how were empirical facts originally considered the principal object of scientific research and communication? What were the images of human conduct and the ethical codes which accompanied the rise of the fact as the prime object of human understanding? What rhetorical sources were originally deployed for the purpose of the communication of scientific factual knowledge? The historical study of empiricism provides a critical perspective on positivism on the one hand, and social constructivism on the other. It yields important insights into the linkage between experience and intentionality and its role in establishing trust in collective processes of learning.


2021 ◽  
Vol 108 ◽  
pp. 02001
Author(s):  
Elena Aleksandrovna Antonyan ◽  
Elena Gennadyevna Vayankina ◽  
Svetlana Viktorovna Sheveleva ◽  
Natalia Sergeevna Petrishcheva

The need for legislative clarification, and, in some cases, for the consolidation of those institutions of criminal law in conjunction with criminal executive legislation, which are aimed at optimizing the current financial costs in connection with the implementation of criminal law, becomes obvious against the background of the desire for a general humanization of criminal policy and the economic crisis observed not only in Russia, but at the international level. Currently, a theoretical and methodological substantiation of the economization of the criminal law branch including the development of methods, principles, tools for state costs reduction at all stages of criminal prosecution, including using the organizational and economic mechanism of the penal system is required. The cost of the criminal law mechanism is due to the need, on the one hand, to ensure the rights of persons who have committed a crime, on the other hand, to protect the victims and minimize the consequences of the harm caused. The purpose hereof is to identify the internal reserves of individual institutions of criminal and penal legislation to determine new areas of optimization of savings in the criminal law branch by reducing the costs of criminal prosecution, on the one hand, and increasing budgetary profitability in the implementation of criminal legal institutions of a property nature, on the other hand. The work uses general scientific, specific scientific and special methods traditional for theoretical and applied legal research – the method of comparative jurisprudence, law interpretation method, systemic-structural method, statistical method, correlation method, content analysis of scientific publications, various types of extrapolation, etc. The novelty of the scientific research lies in a fundamentally new approach to the assessment of criminal law in conjunction with criminal executive legislation to find optimal solutions aimed at increasing the profitability of criminal law institutions and finding mechanisms for material support for victims.


2017 ◽  
Vol 14 (6) ◽  
pp. 654-678 ◽  
Author(s):  
Klaus Boers ◽  
Christian Walburg ◽  
Kristina Kanz

This article provides an overview of the situation of crime, crime control and criminology in Germany. Official crime data, victimization studies and self-reported delinquency studies consistently indicate that crime rates have been rather low in recent years, and that the amount of crime has decreased in recent years with respect to violent as well as most non-violent offences. In contrast, increasing right-wing extremist violence and Islamist terrorism are a cause for concern. After a long decline, fear of crime has recently started to increase again for certain offences such as burglary. An increase in punitive attitudes or punishment styles cannot generally be observed, and the prison rate is comparatively low. The situation of criminology in Germany is ambivalent: on the one hand, promising research is being conducted; on the other hand, the implementation of criminology within universities has been cut back.


1993 ◽  
Vol 47 (4) ◽  
pp. 437-454
Author(s):  
Susan Derwin

Adventures of Huckleberry Finn begins with a notice cautioning against readings that attempt to find motive, moral, or meaning in the narrative, in short, with a proscription that contest the grounds of reading itself. Such a command is only intelligible in light of the relation elaborated in the text between, on the one hand, conscience or mortality, and on the other hand, cognition, as embodied by the formal requirements of plot. The novel suggests that the strictures of morality are as necessary to human identity as plot structure is to narrative. Moreover, both morality and plot are indebted to a process of narcissistic projection that produces meaning by generating distorting images of self and other. Morality is an ambivalent force, both aggressive and constitutive in its effects, while plot, in its capacity to control the disclosure of information, is manipulative and strategically exclusionary. The structure of Huckleberry Finn observes the requirements of plot, but Twain's complex use of irony complicates the novel's formal linearity and affords a critical perspective on the process of narcissistic projection underwriting both plot and mortality.


2021 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Silvana Lule

The flow of illicit capital, into the financial circles of various states, is a serious threat to global security. To this end, an important part of the strategy to combat criminal proceeds is the coordination of work between states. Expanding investigative capacity across national borders is seen as an important factor in the success of the fight against crime. The exchange of information, between law enforcement agencies in different states, is one of the most effective policies for financial investigations aimed at tracking the proceeds of crime. This case, should be approciated in two aspects. On the one hand, it is necessary to adopt direct and at the same time joint interventions, to detect and monitor the movement of money or capital outside their borders. On the other hand, the conditions must be provided for an appropriate use of information and without hindering the movement of legal capital. The necessity of a common criminal policy, to deprive criminals of the proceeds of crime and the instruments for their commission, is clearly emphasized by international acts in this field. They encourage the widest possible cooperation between states for the purpose of investigating and prosecuting criminal assets.


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