ТОП 10:

The content of legal nihilism



The concept of justice

According to most contemporary theories of justice, justice is overwhelmingly important: John Rawls claims that "Justice is the first virtue of social institutions, as truth is of systems of thought."[3] Justice can be thought of as distinct from and more fundamental thanbenevolence, charity, mercy, generosity, or compassion. Justice has traditionally been associated with concepts of fate, reincarnationor Divine Providence, i.e. with a life in accordance with the cosmic plan. The association of justice with fairness has thus been historically and culturally rare and is perhaps chiefly a modern innovation [in western societies].[4]

Studies at UCLA in 2008 have indicated that reactions to fairness are "wired" into the brain and that, "Fairness is activating the same part of the brain that responds to food in rats... This is consistent with the notion that being treated fairly satisfies a basic need".[5]Research conducted in 2003 at Emory University, Georgia, USA, involving Capuchin Monkeys demonstrated that other cooperative animals also possess such a sense and that "inequity aversion may not be uniquely human"[6] indicating that ideas of fairness and justice may be instinctual in nature.

The content of legal nihilism

Legal nihilism in its most extreme form is a feature of anarchism. M. Stirner, P. Proudhon, M. Bakunin, and other anarchists considered the immediate abolition of law and the state a necessary condition for the “liberation of the individual.” Bakunin and his followers extended their negative appraisal of bourgeois law to law in general; in so doing, they lost historical perspective and underestimated the role of law (and the state) in the construction of a socialist society.

In the 20th century legal nihilism has been an integral part of various ultraleftist and ultrarevolutionary programs, notably those of the left-wing (gauchiste) movements that emerged in the late 1960’s in all the major capitalist countries. The legal nihilism of these movements leads to the rejection of the legal means available to the toiling masses in the struggle against the political power of the monopolies; this idea has found expression in the works of Marcuse and others

The concept of legal culture

Legal cultures are described as being temporary outcomes of interactions and occur pursuant to a challenge and response paradigm. Analyses of core legal paradigms shape the characteristics of individual and distinctive legal cultures. “Comparative legal cultures are examined by a field of scholarship, which is situated at the line bordering comparative law and historical jurisprudence.” [1]

Legal cultures can be examined by reference to fundamentally different legal systems. However, such cultures can also be differentiated between systems with a shared history and basis which are now otherwise influenced by factors that encourage cultural change.

Concept, types of interpretation of law

Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legislature or to delegated legislation such as administrative agency regulations.

Grounds for termination of citizenship of the Republic of Kazakhstan

Petition of reception into citizenship and recovery citizenship of Kazakhstan will be decline, if person, petitioned about that:

Did a crime against humanity, provided by international law, intentionally acts against sovereignty and independence of Kazakhstan.

Calls to disruption unity and integrity territories of Republic Kazakhstan.

Implements illegal deals which will damage national security of Republic Kazakhstan.

Warm up inter-ethnic and religious hostility; counteract to function national language in Kazakhstan.

Belong to terroristic organizations and extremist organizations or convicted by terroristic activities

Was in international retrieval, serving judgment on has entered condemnation or his deals confirmed with a grief extra danger relapse.

Consists of citizenship of other states;

reported about itself false information at handling a solicitor about a reception in citizenship of the Republic of Kazakhstan or without good reason did not present necessary documents in the terms covered by the legislation of the Republic of Kazakhstan;

Has an untaken off or unliquidated conviction for the commission of intentional crime on territory of the Republic of Kazakhstan or after it limits, acknowledged by such legislation of the Republic of Kazakhstan;

Accomplished offence in the field of economics and (or) legislation of the Republic of Kazakhstan in area of population’s migration during five years to handling a statement about a reception in citizenship of the Republic of Kazakhstan;

lost citizenship of the Republic of Kazakhstan on the basis of sub items 1), 2) and 5) articles of a 21 Law of the Republic of Kazakhstan "About citizenship of the Republic of Kazakhstan" during five years to handling a statement about a reception in citizenship of the Republic of Kazakhstan.

Positions of sub item 7) parts of the first real article does not spread on persons falling under the action of international agreements of ratified by the Republic of Kazakhstan and also indicated in second part of sub item 1) part of the first article 16 Law of the Republic of Kazakhstan "About citizenship of the Republic of Kazakhstan" and appealing to organs interior with the notarial certified writing appeal about abandonment from foreign citizenship addressed to the public servant of the state the citizen of that they are decision making on questions of citizenship. Information about the fact of such appeal in case of acceptance of appealing persons in citizenship of the Republic of Kazakhstan their foreign passports are directed in the

foreign state

 

Administrative Offense

 

Administrative offense: concept, features, composition

an unlawful culpable action or an omission to act violating rules that have been established by competent state agencies to protect the interests of the state, public organizations, and citizens; the normal work of state agencies and public organizations; public order; state and public security; and so forth. An administrative offense gives rise to administrative responsibility.

An administrative offense differs from a crime by the lesser degree of social danger. The commission of an administrative offense serves as the grounds for applying social or administrative sanctions. The illegality of an administrative offense consists of a person’s committing an action that is prohibited by law or failing to do what is prescribed by law, and doing so intentionally or through negligence; this circumstance creates the guilt. An illegal action or an omission to act must be in a causal relationship with the ensuing consequences. Thus the elements of an administrative offense comprise illegality, culpability, and a causal relationship between the action and the ensuing harmful consequences.

 

Stage of the crime

Stage of the crime - are certain stages (periods) in the development of a socially dangerous act, reflecting the extent to which the different intent of the guilty person. Distinction between them is both objective and subjective criteria.

On this basis, therefore, the following stages of the crime:

- Preparation of a crime;

- Attempt to commit crime;

- Completed crime.

Corpus delicti

The offense is a system established by the criminal law of objective and subjective symptoms (items) that are contained in the crime.

The objective indicators of crime are the object and the objective side, to the subjective - the subject and the subjective aspect of the act.

The object of the crime - is the social relations (benefits, interests) that are encroaching crime.

The objective part is the external form of the manifestation of the crime, which is expressed in a socially dangerous act or omission causing harm to legally protected values ​​or threatens to cause such damage, a causal relationship between the act and of consequences, the circumstances and conditions of the offense (place, time, furnishings, tools, facilities, modus operandi).

The offender is called an individual over the age of criminal responsibility, which has legal responsibility (in some cases with additional features), committed the crime.

The subjective side - is the mental attitude of the offender, to the act and its consequences, which found its expression in the form of intent or negligence, motives and purpose of committing a crime, a certain emotional state of a person.

Sentencing

Sentence shall be passed by the presiding in the general order, with the following exceptions:

1) in the introductory part of the sentence does not contain the names of jurors;

2) the description and motivation of the acquittal of the charge set out, in respect of which the jury was handed down a verdict of acquittal, and makes reference to the verdict of the jury or the failure of the public prosecutor of the charges. This proof is required only to the extent not resulting from the verdict rendered by the jury;

3) the description and motivation of the indictment must contain a description of the crime, the commission of which the defendant is found guilty, the offense skills, motives and justification for the sentencing court in respect of a civil action;

4) in the operative part of the judgment should be explained in his cassation appeal.

Conviction

Conviction - a subjective relation of man to his actions and beliefs, which manifests its self-confidence. As a form of moral consciousness. W. is the ideological and psychological basis for the development of a specific person will qualities - courage, perseverance, self-control, persistence, initiative, loyalty to the ideals of elected.

Amnistitsiya and pardon

Amnesty - a measure used by the decision of the government to the persons who committed the crime, the essence of which is the full or partial exemption from punishment, replacing a lighter punishment or termination of the criminal prosecution.

Amnesty differs from a pardon that does not extend to individual persons named individually, but on whole categories of offenders, defined by generic characteristics: women, juveniles sentenced to short terms of penalties, etc.

Amnesties are usually justified by considerations of humanity, but the amnesty are purely practical problems: they can serve to reduce the population of penal institutions, or contribute to the achievement of specific policy objectives.

Pardon - an act of supreme authority (usually the head of state), fully or partially exempted from the punishment of the convicted person or a replacement appointed by the court a lighter sentence. Act of pardon may also be removed from the criminal records of persons previously served sentences. Acts of mercy are always individual, that is, they are taken in relation to a particular person or a few specific individuals.

The civil process

Civil proceedings (civil procedure) - regulated by rules of civil procedure court activities, persons involved in the case, and the other participants of judicial proceedings related to the review and resolution of existing disputes and indisputable civil cases, as well as the activities of the enforcement of court decisions as a result of such consideration and resolution.

The concept of justice

According to most contemporary theories of justice, justice is overwhelmingly important: John Rawls claims that "Justice is the first virtue of social institutions, as truth is of systems of thought."[3] Justice can be thought of as distinct from and more fundamental thanbenevolence, charity, mercy, generosity, or compassion. Justice has traditionally been associated with concepts of fate, reincarnationor Divine Providence, i.e. with a life in accordance with the cosmic plan. The association of justice with fairness has thus been historically and culturally rare and is perhaps chiefly a modern innovation [in western societies].[4]

Studies at UCLA in 2008 have indicated that reactions to fairness are "wired" into the brain and that, "Fairness is activating the same part of the brain that responds to food in rats... This is consistent with the notion that being treated fairly satisfies a basic need".[5]Research conducted in 2003 at Emory University, Georgia, USA, involving Capuchin Monkeys demonstrated that other cooperative animals also possess such a sense and that "inequity aversion may not be uniquely human"[6] indicating that ideas of fairness and justice may be instinctual in nature.

The content of legal nihilism

Legal nihilism in its most extreme form is a feature of anarchism. M. Stirner, P. Proudhon, M. Bakunin, and other anarchists considered the immediate abolition of law and the state a necessary condition for the “liberation of the individual.” Bakunin and his followers extended their negative appraisal of bourgeois law to law in general; in so doing, they lost historical perspective and underestimated the role of law (and the state) in the construction of a socialist society.

In the 20th century legal nihilism has been an integral part of various ultraleftist and ultrarevolutionary programs, notably those of the left-wing (gauchiste) movements that emerged in the late 1960’s in all the major capitalist countries. The legal nihilism of these movements leads to the rejection of the legal means available to the toiling masses in the struggle against the political power of the monopolies; this idea has found expression in the works of Marcuse and others







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