Search results - CEJSH

1

TREST AKO ČINITEĽ HRDINOVEJ TRANSFORMÁCIE V ARCINARATÍVOCH

100%

Danišová N.

Porównania

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2018

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vol. 22

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issue 1

303-314

EN

The given study focuses on fundamental thematic transformation patterns of human protagonists in the fictive world of ancient narratives (fairy tales, myths, eposes, legends, etc.) from many world cultures (from Europe, Asia, America, Africa, Australia). Our aim will be to find out in what narrative situations and sujet-motif constellations a heroic transformation becomes a punishment.The intent of the proposed research is not only to contribute to the basic typological classification of the transformations of the characters in the investigated magic narratives, but also to conceptually affect the archetypal meaning of the essential transformation for punishment.

SK

Artykuł poświęcony został fundamentalnym tematycznym wzorcom transformacji ludzkich bohaterów w starożytnych narracjach (baśniach, mitach, eposach, legendach itp.) pochodzących z wielu kultur świata (z Europy, Azji, Ameryki, Afryki, Australii). Celem tekstu jest zbadanie, w jakich sytuacjach narracyjnych i sjużetowo-motywicznych strukturach występuje transformacja bohatera stanowiąca dla niego karę. Intencją proponowanych badań jest nie tylko wniesienie wkładu w podstawową typologiczną klasyfikację transformacji postaci w badanych narracjach, ale również ujęcie archetypowych znaczeń zjawiska.

2

Reform of Lithuanian Criminal Law: Tendencies and Problems

100%

Gruodytė E.

Baltic Journal of Law & Politics

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2008

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vol. 1

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issue 1

18-40

EN

The purpose of the article is to analyze a new Criminal code of the Republic of Lithuania (in force from the 1st of May, 2003), with the aim to highlight its differences from the old one, and, thereby, to discern the most important novelties while discussing their advantages and possible difficulties (if any) in applying the new norms in practice.The author chooses to investigate only the general part of the criminal code and to analyze, according to the author's opinion, only the most important developments in it, as due to the extent of the article it is impossible to make a detailed analysis of all the novelties in the new criminal code.The author of the article chooses to analyse classification of offences, diminished responsibility, corporate liability, new factors eliminating criminal liability, reform of penalty system, and extension of possibilities to discharge from criminal liability.The research reveals that not all discerned novelties are functioning properly and that some critical issues may be indicated, but, in general, the new criminal code is valued as a positive achievement and a great move towards the enhancement of Lithuanian criminal law.Conclusions of this work, obtained through scientific research, may be used to improve existing criminal code in practice.

3

Korelacja poszczególnych rodzajów sankcji a ukierunkowanie działań jednostki na określony typ zachowań

100%

Stęchły M.

Przegląd Prawa Publicznego

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2012

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issue 10

109-112

EN

The article is a reflection on the effectiveness of different types of sanctions and consequences connected with their application. It shows an idea, which may make changes in the legal system, with the use of awards, which can make a wider sphere of operation for the individual in society. This text is also an encouragement to think about the general idea of sanction itself, how it came into being and why we use it.

4

System kar i nagród stosowany w rodzinach zastępczych (na przykładzie powiatu bialskiego)

100%

Ruszkowska M.

Kwartalnik Pedagogiczny

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2017

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vol. 62(2 (244))

284-290

PL

Foster family is one of the most beneficial forms of support for family in crisis. It should provide the same or a very similar care environment as the natural family. The functioning of the foster family is based on the use of a variety of educational methods, among which an important place is occupied by the system of rewards and punishments. Research carried out in the Biała Podlaska region in 95 foster families living in urban and rural areas showed that among rewards used in the foster environment there are: cash rewards, gifts, compliments, friendly gestures from caregivers, and others. Punishments used are pedagogical ones such as explanation, interpretation, and not pedagogical ones such as shouting, warning, prohibitions, bans on leaving the room or the house, picking up material things. The most common rewards are compliments, whereas the most common punishment is a warning.

5

Propozycja zmian w art. 60 Kodeksu karnego (o właściwe ujęcie podstawy nadzwyczajnego złagodzenia kary)

100%

Pohl Ł.

Prawo w Działaniu

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2022

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issue 51

137-144

EN

This article proposes to limit the grounds for the application of extraordinary leniency in the Criminal Code to the so-called the general basis for the application of this institution.

PL

Niniejszy artykuł zawiera propozycję ograniczenia w Kodeksie karnym podstaw zastosowania nadzwyczajnego złagodzenia kary do tzw. ogólnej podstawy stosowania tej instytucji.

6

Kara wieczna – czym jest?

100%

Witczyk H.

Verbum Vitae

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2019

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vol. 36

7-10

EN

Editorial written by Editor-in-Chief, Professor Henryk Witczyk (KUL).

PL

Słowo wstępne redaktora naczelnego, ks. prof. dr. hab. Henryka Witczyka (KUL).

7

Krajowy Mechanizm Prewencji Tortur w oczach funkcjonariuszy Służby Więziennej

100%

Lasocik Z., Męzik A.

Nowa kodyfikacja prawa karnego

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2019

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vol. 54

85-127

EN

The purpose of this study is to present the results of research conducted among officers and employees of the Prison Service regarding the knowledge and opinions of representatives of this professional group on the National Mechanism for the Prevention of Torture (hereinafter also KMPT, Mechanism).

8

Prawo karne z perspektywy literaturoznawcy. Problem kary w powieści „Zmartwychwstanie” L.N. Tołstoja

100%

Kordas K.

Społeczeństwo. Edukacja. Język

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2015

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vol. 3

117-125

EN

The aim of the article is an attempt to analyze the problem of punishment in the Leo Tolstoy’s novel – Resurrection. The topic was examined from the perspective of hermeneutic circle, which allowed, by reference to the literary work, biography of the writer, and the epoch when he lived, to show how the problem of punishment is significant in his work. Tolstoy, whose basic law of human life is the mutual love between people, completely rejects the meaningfulness of the penitentiary system.

9

Czy kar jest za dużo? Wokół Douglasa Husaka koncepcji kryminalizacji

89%

Peno M.

Opolskie Studia Administracyjno-Prawne

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2018

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vol. 16

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issue 2

177-201

PL

The author endeavours to make a critical reflection on the concept of criminalization as formulated by Douglas Husak. D. Husak’s views on criminal policy are presented in a wider philosophical context and juxtaposed with assumptions of basic critical trends in criminal law science. Also, some suggestions are formulated to supplement Husak’s concept, who points out, above all, when punishment should not be applied. A supplement to Husak’s idea is a somewhat perverse attempt to collect model situations, in which recognition of an act as a crime can be justified (which the author himself tried to avoid). In addition, the article attempts to combine the philosophy of law with criminal policy and indicates the need to take into consideration philosophical foundations of criminal law policy.

10

Nejasné vztahy moci – vězení očima českých dozorců

88%

Dirga L., Hasmanová Marhánková J.

Sociologický časopis. Czech Sociological Review

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2014

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vol. 50

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issue 1

83-106

EN

The analysis of various forms of punishment has traditionally been a prominent subject of sociological study. However, most research on the prison system and its impact on individuals has focused on various aspects of inmates’ lives. This article focuses on other important subjects in the prison system, ones whose perspective has been largely ignored – prison guards. The first part of this article introduces prison as a medium through which to analyse modern mechanisms of power and the changing conceptualisation of risks. The second part of the article examines the subjective views of prison guards. The authors conducted 17 in-depth interviews with prison guards working in Czech C-type prisons in order to understand how the prison guards themselves conceptualise their role in the prison system and how they construct the meaning of prison and punishment. The aim of the article is to analyse how the position of various participants in the prison system is negotiated and how the ideas of ‘control’ and ‘power’ are established. The authors find that prison guards experience a sense of blurred boundaries between those who are guarded and those who guard. They see themselves as having no control over the prison environment and highlight the control the prisoners have over them through institutional regulations.

11

Society of control. Discursive practices in ‘Discipline and Punish’ by Michel Foucault

88%

Kłos-Czerwińska P.

Academic Journal of Modern Philology

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2019

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vol. 8

117-127

EN

According to Michel Foucault cultural patterns in discursive practices differ and reflect the discursive apriori, or episteme, of a given epoch. Episteme is a notion introduced by Foucault in order to explain changing systems of thought, it indicates “the underlying orders, or ‘conditions of possibility’ which regulate the emergence of various scientific or pre-scientific forms of knowledge during specific periods of history. These ‘epistemological fields’ give rise to ‘diverse forms of empirical science’” (Foucault 2009: 168). The work titled “Discipline and Punish” is the example of such an empirical approach to history, where all the rules, scientific or pre-scientific forms of knowledge are revealed. The book written by Foucault is a systematic and specific analysis of discursive practices that work in societies of control. Foucault analyzes many such practices starting from severe punishment of the convicted Damiens in 1757, through the hierarchic supervision and normative sanction at the turn of XVIII and XIX century, and ending with the explanations of the workings of contemporary discipline societies with its oppressive rigor in schools, hospitals and prisons.In my presentation I would like to describe these different discursive formations and practices that have been in use in the past or present societies and to present them as certain cultural patterns characteristic to various cultures and societies on different levels of development.

12

Le crime et le châtiment d’un Raskolnikov raté en Afghanistan

88%

Körömi G.

Quêtes littéraires

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2016

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issue 6

157-167

EN

The second novel written directly in French by Atiq Rahimi, A Curse On Dostoevsky, calls on the masterpiece Crime and Punishment by Dostoevsky. This novel shows various aspects of the hybridization of the author. The Russian novel is manifest in the French novel in two ways: implicitly by the moral reflections on the divine justice and the human justice, and explicitly by many elements of the text (title, epigraph, paratexts, quotations, paraphrases etc.). Being a lot more than a simple pastiche, the French novel is indeed the rewriting of the famous crime committed by Raskolnikov. It is its intertextuality which makes the novel of Rahimi a kind of dialogue with the novel of Dostoevsky on the mode of the rewriting of the reflections and the reformulation of the questions developed in the work of the latter. What are the similarities and the fundamental differences between the character of Rassoul, main character of Rahimi, and that of Raskolnikov, protagonist of Dostoevsky? How has Rassoul become a failed pasticheur? What punishment are they to be subjected to in a country engulfed in an endless fratricidal war? These are the questions to which the present study will seek to find the answers.

13

Uwagi o zasadach wymiaru kary w polskich kodeksach karnych

88%

Bojarski T.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

33-44

EN

This paper covers issues related to the principles of imposing penalties. Apart from their considerable practical significance, these directives are closely related to the theory and philosophy of punishment. The purpose of these comments is a simple indication of the assumptions underlying the principles of imposing penalties, including the way of their evolution in Polish criminal law since 1932. The choice of theme is justified by the importance, the true wealth of problems that occur here and the theoretical but also research interests of Professor Tomasz Kaczmarek. The author wants to emphasize that the evolution of the principles of imposing penalties from the first statutory regulations runs properly. A clear tendency in the Polish legislature was consolidation and expansion of these directives, which remain compatible with the new less repressive criminal and sanctions policy. The Penal Code currently in force provided also appropriate lower limits of penalties.

14

"Yet it is still necessary to struggle for a better world:" Media images of crime in relation to criminal activities in people's democratic Czechoslovakia (1945-1961)

88%

Dušková L.

Střed. Časopis pro mezioborová studia Střední Evropy 19. a 20. století. / Centre. Journal for Interdisciplinary Studies of Central Europe in the 19th and 20th Centuries.

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2020

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vol. 12

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issue 1

108-140

EN

The aim of the presented text is to outline the basic features of postwar crime both in terms of its representations in the public space and in terms of specific acts and the involved actors. The aim to start directly after the war is the chronological and the conceptual starting point of this text. The second limit is the adoption of the new Criminal Code in 1961, an updated version of the 1950 code, which, with various amendments, was in effect until 2005 in Slovakia and until 2009 in the Czech Republic. Meanwhile, the Constitution of July 1960 declared Czechoslovakia to be a socialist state. The analysis uses audio-visual sources and the press, which are subject to a contextual examination, and the reports and statistics from the funds of the Ministry of the Interior and the Central Committee of the Communist Party as well as the daily records, protocols, and files stored in the Archive of the Security forces and the Public Security Corps Fond.

15

Hume o nutnosti, svobodě a odpovědnosti

88%

Marvan T.

Filosofický časopis (Philosophical Journal)

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2017

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vol. 65

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issue 2

221-235

EN

The paper presents a reconstruction of Hume’s complex argument that takes determinism as a prerequisite for moral evaluation of actions and for the attribution of moral and criminal responsibility for an act. The paper falls into three sections. The first outlines Hume’s “doctrine of necessity”, i. e., his deterministic theory of action, and shows how determinism can be reconciled with the possibility of free action. The second section focuses on Hume’s view of moral judgement and explains how determinism and the denial of free will can be reconciled with the notion of moral responsibility for an act. The last section, devoted to Hume’s ideas about just punishment, canvasses Hume’s hybrid conception of the different purposes of punishment.

16

Mikołaj Bierdiajew jako inspiracja dla filozoficznego myślenia o piekle

88%

Pawliszyn M.

Logos i Ethos

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2013

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issue 2(35)

195–218

XX

In the discussion concerning the understanding of what hell is, the opinion of the Russian philosopher Nikolai Berdyaev is very important. He is strongly opposed to the attempts to rationalize the problem saying that, sooner or later, they breed fear and anxiety. Hell is pure subjectivity, the inability to go beyond the circle of our spirit’s constant torment. Therefore, hell is not related to objectivity. Rather, it is a total confinement, a state of helplessness. It is being imprisoned in time, which has no end, a dream, from which it is impossible to wake up. Thus, it is not the result of God’s decision, a punishment for committed sins. On the contrary, it is the result of choice, being in favor of your own loneliness. Ultimately, it will remain only a creation of our rationalization. Therefore, we must have hope (which perhaps will be false) that hell does not exist.

17

Evasion from Payment of a Fine: Problem Aspects of the Issues of Criminal Enforcement and Criminal Procedure

88%

Osadchuk Mykhailivna K.

Krakowskie Studia Małopolskie

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2020

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vol. 1(25)

37-46

EN

General short summary of the main content of the article. The problem of evasion from a fine payment as a type of punishment under the laws of Ukraine has been studied in the article. In Section 1 “Fines payment controlling authorities” the criminal laws in the field of punishment enforcement, namely their authorities, have been analyzed. A large number of gaps in the laws and regulatory legal acts have been identified and solutions have been proposed to address them. In Section 2 “Evasion from payment of a fine”, the legal aspects of a fine payment evasion as a criminal offence have been considered; an analysis of various laws and constitutional rights of a sentenced person have been made; and it has been determined that if a sentenced to a fine person has not voluntarily paid the fine during two years, such a person cannot be criminally prosecuted in compliance with Article 389 of the Criminal Code of Ukraine. Practical significance of the article. The results of the article can be used in determining the policy of Ukraine on the issue of activities of the probation bodies and the possibility of returning the enforcement service of the Ministry of Justice, or consideration of the issue of granting appropriate powers to the probation bodies; - rethinking the possibility of returning the enforcement of punishment, which in turn will lead to a higher percentage in payment of fines, and replenishment of the state treasury; - establishment of uniform practice of application of the criminal law norms.

18

Racjonalność sprawców przestępstw przeciw mieniu – implikacje dla profilaktyki i resocjalizacji

88%

Wójcik D.

Ogrody Nauk i Sztuk

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2012

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issue 2

EN

In light of the "rehabilitation crisis," Polish society expresses the need to introduce more severe penalties. The results of surveys and public opinion pools clearly show that the Poles demand heavier sanctions. Does a potential threat of punishment provide an effective deterrent against committing crimes? This paper discusses the problem of rational thinking of property criminals. The study conducted among prisoners allows us to argue that the perpetrator at the stage of decision making is not acutely aware of the possible consequences of committing a crime. The obtained results would enable us to launch a program facilitating prevention and rehabilitation, which could lead to a decrease in the rate of property crimes.

19

Death penalty as a special type of punishment in the context of human rights

88%

Rawa M. A.

Journal of Modern Science

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2020

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issue 2/45/2020

287-310

EN

Objectives: Compilation and comparison of the period when the death penalty was applied, its functions and significance, to the present day, when the death penalty has been abolished. Material and methods: Legal acts, jurisdictions, literature, Internet sources. Analytical method used. Results: the result of my article is to familiarize readers with the death penalty and its understanding by past and present societies.The death penalty initially served several functions, it was not only a function to punish the offender. Depending on the understanding of crime, it was treated as revenge of the gods or private revenge, or as public retaliation or as a means of social defense.The original reaction to the crime was revenge, aimed at destroying the offender and his property, and was not always directed against the perpetrator, most often consisting in removing a member from a social union by death or expulsion from the group (alienation).In the course of social development, the punishment took the form of a material talion, which consisted in doing the same evil to the perpetrator as he had done.With the development of humanitarianism in legal systems, the punishment from a primitive social reaction turned into a state punishment, subject to gradual rationalization. Conclusions: All aspects of the applied penalties for committed crimes, including the death penalty, presented in the article, are important for legal and moral considerations made by the society and, consequently, should lead to a referendum on the use of the death penalty in Poland.Currently, Poland and most countries do not use the death penalty in their sentences and do not recognize it in the code. It is a more humane approach to the criminal, but the Polish government is working on a further amendment to the penal code in favor of the victims.

20

Je vztah mezi peněžitou sankcí a majetkem pachatele výrazem (ne)rovnosti?

88%

Drápal J.

Česká kriminologie (Czech Criminology)

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2016

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vol. 1

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issue 1

1-13

EN

This article examines from several positions the question of whether the amount of pecuniary punishment (in the field of criminal or administrative law) should be related to the wealth of the offender. It discusses, whether such a differentiation is discriminatory or not, analyses the jurisprudence of the Czech Constitutional Court and focuses on the application of the theory in practise. Law and Economics, as well as several other influential theories are examined, being followed by critical description of situation in Czech criminal and administrative law and jurisprudence. The attitude of supreme courts, is rather hesitant and they seem to hold back. Their reasons are unclear, one of them might be that there are not many possible ways for administration to discover the real wealth of the offender.

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