Search results - CEJSH

1

Involuntary Manslaughter in The New Romanian Penal Code

100%

Zazula B. A.

Journal of Legal Studies

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2015

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vol. 16

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issue 30

31-38

EN

The defense of the person‟s life and health represents a constant concern for all legal systems. The person’s life and health were protected as primary and absolute values of any society in any social regime, and state had the task of creating some mechanisms that would ensure the protection of the social values against some approaches that are not according to the law.

2

Guilt of the employee and the liability for the damage inflicted on a third party – some remarks with regard to the polish labour code regulations

80%

Moras-Olaś K.

Roczniki Administracji i Prawa

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2016

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vol. 16/2

351-361

EN

In the case of causing by the employee in the performance of his labour duties damage to a third party solely responsible for its repair is the employer on the basis of art. 120 of the Act of June 26, 1974 Labour Code. This regulation does not expressly provide any exception. The scholarship generally accepts, however, that this regulation does not apply if the damage has been inflicted with intentional guilt. This article is an attempt to assess the correctness of such a standpoint, based on a thorough analysis of the concept of guilt in labour law.

PL

W przypadku wyrządzenia przez pracownika podczas wykonywania przez niego pracowniczych obowiązków szkody osobie trzeciej wyłącznie odpowiedzialnym za jej naprawienie jest pracodawca na podstawie art. 120 ustawy z dnia 26 czerwca 1974 r. Kodeks pracy. Regulacja ta nie przewiduje wprost żadnego wyjątku od odpowiedzialności pracodawcy powiązanej z wyłączeniem odpowiedzialności pracownika wobec osób trzecich. W doktrynie powszechnie jednak przyjmuje się, iż nie dotyczy to sytuacji wyrządzenia szkody z winy umyślnej. Niniejszy artykuł stanowi próbę oceny zasadności takiego stanowiska, z uwzględnieniem analizy pojęcia winy w prawie pracy.

3

Rozkład materialnego ciężaru dowodu w sprawach o zniesławienie

80%

Liżyńska K.

Nowa kodyfikacja prawa karnego

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2014

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vol. 32

31 - 41

EN

In defamation proceedings there occurs the reversal of roles with regards to the distribution of the burden of proof. The defendant, in order to gain impunity of his or her actions, must prove that his or her pleas made to the prosecutor are true. And when we deal with defamation made publicly, when it does not apply to persons performing public functions, the defendant must also prove that the plea was used to achieve socially legitimate interests. The author presents de lege lata and de lege ferenda conclusions trying to answer the question of whether the reversal of the general principles of substantial burden of proof is justified.

4

Zasada domniemania niewinności — próba spojrzenia materialnoprawnego

80%

Lipiński K.

Nowa kodyfikacja prawa karnego

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2016

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vol. 41

55-71

EN

The article concerns the relationship between presumption of innocence and elements of the dogmatic structure of crime, particularly guilt. It appears that the presumption of innocence has nothing to do with guilt conceived as personalized blame, and it is doubtful to what extent — if at all — it extends to other elements of criminal act. The presumption of innocence seems to be domain of facts, not necessarily law.

5

The Unnatural in „Fair Eckbert”: a Struggle Arising from Desire and Guilt

71%

Jensen B. A.

Lublin Studies in Modern Languages and Literature

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2018

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vol. 42

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issue 2

DE

Der Band enthält die Abstracts ausschließlich in englischer Sprache.

EN

The sibling incest is an aspect that does not fit into the realistic (conscious), nature-related, or unreal (magical) action levels of this literary fairy tale. The reason for this unnatural sexuality may lie in the abnormally stunted forms of the desires and guilt exhibited by Bertha and Eckbert: unconscious versus purposeful striving and ethical ersus moral culpability. This article argues that only during their unnatural deaths in the respectively “wrong” realms does each partner gain the missing attributes so that their natural and normal existence is paradoxically – and romantically! – restored.

FR

Le numéro contient uniquement les résumés en anglais.

RU

Том содержит аннотаций на английском языке.

6

Sugar in disguise or healthy indulgence: A cross-cultural comparision of the perceptions of dietary vice/virtue bundles

70%

Jiraporn N., Charinsarn A. R., Sheridan M.

Management & Marketing

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2016

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vol. 11

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issue 2

410-430

EN

Consumers often choose virtue food to attain health goals and vice food to achieve indulgence goals. However, food and beverage companies have begun to nullify the vice and virtue categories by bundling vice and virtue ingredients into a single item (e.g. Yogurt with Oreo topping). This research contrasts how consumers from Asian and Western cultures evaluate such vice/virtue food bundles. Building on the perceptual processes and regulatory focus literatures, two cross-cultural experiments using participants in Thailand and the U.S. shows that Westerners prefer virtue-heavy bundles to vice-heavy bundles while Asians show similar preference across both types of bundle. Process measures revealed that Asians perceive greater fit between vice and virtue components in the bundles than Westerners and this perceived fit mediates the effect of culture on their food choice. Study 2 reveals the boundary condition. Specifically, when regulatory focus was manipulated, the effect of culture is no longer significant. The findings provide managerial implications for food and beverage companies as well as contributions to consumer behavior literature.

7

L’ABSURDE, UN MIROIR DU DÉSACCORD AVEC LE MONDE

70%

Dărăbuş C.

Concordia Discors vs Discordia Concors: Researches into Comparative Literature, Contrastive Linguistics, Cross-Cultural and Translation Strategies

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2009

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vol. 1

56-67

EN

Originating in existentialism, the absurd is a response offered by the analysis of the existence in the works of Franz Kafka and Dino Buzzati. The 20th century was a century of great innovations in the field of literature, of philosophy, of the arts in general. The preoccupation for the human condition is a form of responsibility for the human destiny. The elements invading Josef K. and Giovanni Drogo’s lives (the characters in The Trial and The Desert of the Tartars) all of a sudden are more powerful than their will; therefore their tragic end is explained not by the fact that they are guilty, but by their not being able to justify their existence.

8

A comparative analysis of legal versus cultural and psychological connotations of the term ‘guilt’: implications for cognitive linguistics and for legal sciences

70%

Strębska-Liszewska K., Strębska-Liszewska K.

Linguistica Silesiana

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2020

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vol. 41

9

Psychometric properties of the Polish version of the Body and Apperance Self-conscious Emotions Scale (BASES)

70%

Razmus M., Razmus W., Stachyra A., Castonguay A. L., Sabiston C. M.

Roczniki Psychologiczne

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2018

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vol. 21

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issue 3

231-253

EN

The studies were aimed to investigate the psychometric properties of a Polish version of the Body and Appearance Self-Conscious Emotions Scale (BASES; Castonguay, Sabiston, Crocker, & Mack). In Study 1, data from student (n = 325) and community samples (n = 385) provided evidence for the four-factor structure of the Polish BASES and its adequate construct validity. Data from a separate sample (n = 443) in Study 2 supported the four-factor structure of the Polish BASES, as well as its convergent validity through significant correlations between BASES scores and other variables related to body image and well-being. Sex invariance was also tested and confirmed, although mean scores for guilt and shame were higher for women. The Polish BASES is an appropriate and psychometrically sound measure of body and appearance-related self-conscious emotions.

10

Identity in adolescence and emerging adulthood: relationships with emotional and educational factors

61%

Piotrowski K.

Polish Psychological Bulletin

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2013

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vol. 44

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issue 3

266-276

EN

In the processual approach to identity, the role of the interaction between subjective and contextual factors in the process of its development is emphasized. Based on the model of Luyckx et al. (2008) relationships between identity and educational context, as well as the tendency to experience shame and guilt were analyzed.. 821 people aged from 14-25 and belonging to six educational groups: (1) lower secondary school, (2) basic vocational school, (3) technical upper secondary school, (4) general upper secondary school, (5) post-secondary school (medical rescue, massage therapy, cosmetology, occupational therapy) and (6) university, took part in the research. Two questionnaires were used: The Dimensions of Identity Development Scale (DIDS), to allow the measurement of the five dimensions of identity postulated by Luyckx et al (2008) and The Personal Feelings Questionnaire-2 (PFQ-2, Harder, Zalma, 1990) to measure of the shame and guilt proneness. The results show that general upper secondary school students in terms of the dimensions of identity are closer to lower secondary school students rather than to their peers from technical and vocational schools. Among general upper secondary school students not only was a higher intensity of an identity crisis observed, but also a strong tendency to experience shame and guilt. Among lower secondary school students and general upper secondary school students, people with diffusion and moratorium as identity statuses prevailed, while in the remaining groups the achievement and foreclosure identity were observed more frequently. A general relationship was also observed, namely, a greater tendency to experience shame was associated with a higher intensity of an identity crisis.

11

The Impact of Human Dignity on the Principles of Criminal Liability. The Example of Guilt

61%

Szczucki K.

Studia Iuridica

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2016

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vol. 67

11-31

EN

Human dignity is a well-known concept among Western countries since after World War II, when states, in an effort to create a new platform of cooperation with a view to guaranteeing peace, were looking for an axiological foundation of the new order. The findings described in the article may serve to underpin the following notions, which have to be the object of further research on relations between the human dignity principle and rules of criminal liability, guilt in particular. First, the “guilt standard” is obligatory, whenever a state intends to punish a person. Second, punishment can be meted out only to an offender with an ability to bear responsibility. In other words, only a person whose characteristic derived from the principle of dignity is fully actualized can be punished. Third, punishing should be preceded by an analysis of the degree of guilt. The more eager the perpetrator was to act against the legal system and against the values protected by it, the severer punishment should be meted out. Finally, law should provide for exclusion of culpability when the human dignity principle demands one to act in a manner that is outwardly criminal, but was committed due to a motivation that ought to be excused in the light of the dignity principle.

12

Artykuł 28 § 1 k.k. po nowelizacji z dnia 20 lutego 2015 r. Uwagi na temat konieczności oddzielania strony podmiotowej czynu zabronionego od winy

61%

Jędrzejewski Z.

Studia Iuridica

|

2016

|

vol. 65

25-40

PL

The object of analysis is the amended art. 28 § 1 of the Penal Code, which stipulates that „whoever commits an act while being in justifiable error as to a circumstance constituting a feature of an prohibited act, shall not commit a crime”. The new regulation of 28 § 1 of the Penal Code is the next attempt to statutorily define the concept of an offence based on the methodology of a strict separation of the object of evaluation from the evaluation itself, that is, primarily a radical separation of mens rea of a prohibited act from guilt. Therefore, the authors of the change have consistently attempted to eliminate all normative attributes from the scope of „recklessness” and „negligence”. This is a result of the view that assumes a pure descriptive character of the set of criminal offence features (Ger. „Tatbestand”) including subjective features (offences of intentional and unintentional character). In this context, acts committed while being in justifiable error as to a circumstance constituting a feature of a prohibited act exclude guilt, however the fulfilment of the features of criminal acts of unintentional character is limited to the fulfilment of objective features (a consequence of the concept of the unintentional character of an offence as a plain negation of intent). The negative wording of art. 1 § 3 of the Penal Code, the objective and general interpretation of the term found in art. 9 § 2 „could have foreseen” (a transfer of the so-called objective foreseeability to the category of objective attribution) and the concept of committing an act while being in justifiable error as to a circumstance constituting a feature of a prohibited act excluding guilt lead, in the area of unintentional character of an offence, to the presumption of guilt on the basis of the fulfilling only the objective features of a criminal act. The author of the article demonstrates the inaccuracy of this argument for a strictly descriptive character of the features of a prohibited act, and in particular the features of intent (intentional character of an offence). The object of intent (a feature of a criminal offence) has a evaluative character (evaluation), therefore determining intent can generally constitute a premise for accepting guilt (intended), unless the circumstance of excluding guilt exceptionally occurs. In the case of an unintentional character of an act, such a relation does not occur, and the guarantee functions (the rule of positive establishment of the perpetrator’s guilt) thus require subjective (specific and individual evaluation) interpretation of the premise „could have foreseen” found in art. 9 § 2 of the Penal Code.

13

The Impact of Human Dignity on the Principles of Criminal Liability. The Example of Guilt

61%

Szczucki K.

Studia Iuridica

|

2016

|

vol. 67

11-31

EN

Human dignity is a well-known concept among Western countries since after World War II, when states, in an effort to create a new platform of cooperation with a view to guaranteeing peace, were looking for an axiological foundation of the new order. The findings described in the article may serve to underpin the following notions, which have to be the object of further research on relations between the human dignity principle and rules of criminal liability, guilt in particular. First, the “guilt standard” is obligatory, whenever a state intends to punish a person. Second, punishment can be meted out only to an offender with an ability to bear responsibility. In other words, only a person whose characteristic derived from the principle of dignity is fully actualized can be punished. Third, punishing should be preceded by an analysis of the degree of guilt. The more eager the perpetrator was to act against the legal system and against the values protected by it, the severer punishment should be meted out. Finally, law should provide for exclusion of culpability when the human dignity principle demands one to act in a manner that is outwardly criminal, but was committed due to a motivation that ought to be excused in the light of the dignity principle.

14

Wina jako węzeł moralności

61%

Wiśniewski R.

Filozofia Chrześcijańska

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2012

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vol. 9

7-21

EN

The author analyzes the main problems in defining semantic, psychological and social dimensions of conscience. Starting with etymology and with the research of linguistic tradition he distinguishes causative fault and guilt. Internalisation of guilt is treated as the most important issue for morality. This issue essentially creates a major “knot” of morality, however, it points to the objectified, social sense of guilt. From the perspective of conscience guilt reveals and makes possible genuine morality and the chance to adapt human own guilt in view of their personal development and of preserving dignity. The perspectives of the conscience analysis distinguished in the article require a thorough examination and discussion.

PL

The author analyzes the main problems in defining semantic, psychological and social dimensions of conscience. Starting with etymology and with the research of linguistic tradition he distinguishes causative fault and guilt. Internalisation of guilt is treated as the most important issue for morality. This issue essentially creates a major “knot” of morality, however, it points to the objectified, social sense of guilt. From the perspective of conscience guilt reveals and makes possible genuine morality and the chance to adapt human own guilt in view of their personal development and of preserving dignity. The perspectives of the conscience analysis distinguished in the article require a thorough examination and discussion.

15

Techniki siebie według Seneki

61%

Symbolae Philologorum Posnaniensium Graecae et Latinae

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2012

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vol. 22

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issue 2

23-31

EN

In the article the technologies of self-reflection described by Seneca in his moral essays are discussed. The analysis is based on Foucault’s distinction between two conceptions of technologies of the self created in Antiquity and Early Christianity. One of them is related to an idea of self-studying and auto-creation with reference to social (or religious) rules, what was the main principle in Christian system. Different conception concerns technologies of the self understood as a care of the self in absolute meaning. It is an idea in which happiness and good of an individual are formulated from the subjective point of view. Senecan concept of selfworking is the specific fusion of these two conceptions. Mnemonic technologies discovering Nature’s order in a human being are connected with independence on external world of objects. This stoic view modified by Seneca, who had focused his attention on a role of will and conscience in an examination of the self, is the main issue discussed in this article.

FR

L’article traite de la notion d’auto-réflexion décrite dans les essais de Séneque. La base de l’analyse est la distinction faite par Foucault, qui a identifié deux catégories des techniques de soi. Considérant les concepts auto-défini dans l’Antiquité et au début du christianisme, Foucault indique la méthode de Séneque comme l’idée reflétant ces deux catégories. Dans ce concept Séneque combine la conception stoicienne de la nécessité de découvrir les principes de la nature chez l’homme avec l’idée d’indépendance par rapport au monde extérieur, tant en physique et mentale. Cette méthode exige un engagement de volonté et de conscience, que Séneque définit comme un témoin et un juge d’ humain. Une création de soi dans le systeme de Séneque a été conçu pour développer une attitude de consentement a la réalité crée par fatum. Travailler sur soi doit conduire a une situation d’etre en harmonie avec soi-meme compatible avec une situation de consentir a des conditions de fatum.

16

Сором і вина як фрагменти емотивної картини світу (на матеріалі української фраземіки)

61%

Zahnitko A., Krasnobayeva-Chorna Z.

Przegląd Wschodnioeuropejski

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2022

|

vol. 1

273–286

EN

The article belongs to the series of publications devoted to the investigation of fundamental human emotions representated in Ukrainian phrasal verbs. The article examines the psychophysiological patterns of emotions of shame and guilt in Ukrainian phraseology. The subject of the article includes denotation phrases of shame and guilt in the Ukrainian language. A parametric analysis of the semantic structure of the phrase is used as the main method. In Ukrainian phraseology, the studies of the pantomimic expressions of shame and guilt are consistent with cross-cultural explorations and descriptions of fundamental human emotions actualized in kinesthetic phrases. Vegetative body reactions to shame are represented by heat and redness. The eyes, face and body are the main non-verbal indicators of shame and guilt. However, the loci of shame are the soul and the heart. In the Ukrainian culture, there is a connection between shame and public opinion and reputation. Shame and guilt threaten with a potential loss of reputation. The emotion of guilt is also predicated by the intention to ‘scapegoating’ and marked by negative concepts (swamp, dirt, mud, sludge).

17

Strona podmiotowa a wina – wzajemne relacje

61%

Kowalewska-Łukuć M.

Acta Iuris Stetinensis

|

2018

|

issue 21

183-194

PL

Artykuł porusza problematykę wzajemnych relacji między stroną podmiotową a winą w prawie karnym. W ramach analizy tych relacji naświetlone zostają dotychczasowe poszczególne teorie winy. Autorka artykułu podejmuje ponadto próbę uchwycenia istoty winy w oparciu o badania z dziedziny psychologii i filozofii. Poczynione w artykule ustalenia w przedmiocie winy zostały następnie zestawione z pojęciem strony podmiotowej w polskim prawie karnym.

EN

The article discusses the issue of mutual relations between the subjective side and the guilt in criminal law. As part of the analysis of these relations, the theories of guilt are highlighted. Moreover author attempts to establish the essence of guilt basing on psychological and philosophical findings. Conclusions about guilt made in article are then compared with the notion of the subjective side in Polish criminal law.

18

“...Not by the German people, but in the name of the German people”. Adenauer and the Narrative of the Centre Ground

61%

Wild V., Ferdinand J.

Przegląd Zachodni

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2019

|

issue 3 (327)

221-248

EN

The study reconstructs the development of the historical narrative that Konrad Adenauer communicated in his public statements about National Socialism and the role of the Germans in it. It can be expressed in the succinct formula that the misdeeds of the regime had been committed “not by the German people but in their name”. In these few words we see the kernel of a historical narrative that was the general consensus for a long time in West German politics. Up to now no explicit, comprehensive analysis of the development of Adenauer’s narrative has been forthcoming, one that involved an engagement with his key speeches covering the whole of the post-war period down to his death in 1967.

19

Students’ Coping with Mental States Caused by Intrapersonal Conflict

61%

Pitulko K., Li O., Kolosova O., Sedova T., Antonova N.

Polish Psychological Bulletin

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2022

|

vol. 53

|

issue 1

20

Guilt is never to be doubted? A novel experimental procedure

61%

Muniak P., Kulesza W.

Polish Psychological Bulletin

|

2020

|

vol. 51

|

issue 1

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