Search results for "CRIMINAL LAW"
showing 10 items of 275 documents
Polygraph examination in anaysis of evidence
2014
"I assume that a polygraph examination may be part of mass of evidence in a specific case, and I also assume that the result of a polygraph examination belongs to forensic evidence, and within it has its place in expert evidence. Therefore, as item of evidence, it can be subjected to an analysis covering the assessment of its credibility, reliability, weigh, probative force, etc., and can also be analysed as evidential argument. Such an argument may be evaluated from two points of view: “internal” developed by its creator (in this case: by the expert), and “external” whose author is the analyst, or, more generally speaking, the addressee of the argument. Th e “internal” analysis is presente…
The concept of subjectivisation by Adorno – applied in social work
2009
This article focuses upon subjectivisation as one of the core aspects of critical theory. Subjectivisation refers to the process of becoming a subject, a fully responsible, autonomously thinking and acting adult citizen, as opposed to a manipulated and system-functioning object. It is discussed in the context of the current debates on critical reflection in social work, as it contributes to discovering the power structures in which social work is embedded. The aim is not to re-discuss critical theory as a whole, but to point out the process of subjectivisation of social workers and service users as an element for critical self-reflection in social work. The contribution includes a short int…
Power and strategic change in a multinational industrial corporation
2012
PurposeThe aim of the study was to analyze the use of power in a strategic change process within a large forest industry company. The organization in question had a total of 7,700 employees, 6‐8 organizational levels, over 30 production units and a widespread international sales network. The study highlighted the organization's internal narration as an important element in the use of power. It started in conjunction with the appointment of the new management group and continued throughout the two‐year monitoring period, so that gradually all organizational layers were involved in interpreting their roles and positions in the new structure.Design/methodology/approachThe empirical data were c…
An Outline on Physical Training Quality Features Related to Coaching Roles in Peak Performance Activities
2014
Abstract The growth of sports accompanied by the increasing number of quality competitions have become a matter of interest for those involved with the study of methodological and theoretical approaches with application in sports and performance activities. No organization or activity, regardless of their profile, can achieve a high level of efficiency on their own, disregarding basic management element, rules, principles, laws, techniques and methods. Due to social needs they meet and their purpose, the activities in sports organizations, among which training stands top priority, claim a leader. A coach must be both manager and leader, be an inspiration for his team and a supervisor as wel…
Verso un diritto penale geneticamente modificato? A proposito di un recente progetto di riforma dei reati agroalimentari
2016
The article analyses, first of all, – also in a comparative key – the most significant problematic aspects emerging from the resort, very frequent in the food sector, to typification techniques based on references to European legislation. Lexical hybridisms and precautionary needs of the European model of food security risk to affect the classical categories of criminal law, not only at the level of relevant concepts, but also at that of fundamental principles. After an overall look to the contents of the reform Project of agro-food crimes elaborated by the Caselli Commission in 2015, the study focuses particularly on the way the Project suggests to rewrite the cornerstone offence establish…
BETWEEN PROGRESSIVISM AND INSTITUTIONALISM: ALBERT BENEDICT WOLFE ON EUGENICS
2013
Albeit concerned with the biological element in social evolution, Albert B. Wolfe was among the very few economists of the progressive era who openly expressed his concerns about certain implications of eugenic rhetoric for the social science. Specifically, Wolfe questioned the strong hereditary boundaries that more extreme eugenicists suggested about human beings. As I will attempt to show in paper, a careful examination of Wolfe’s writings reveals that his reaction was rooted in the belief that many of the social problems which eugenicists attributed to hereditary limitations, were actually imputable to the influence that the social, economic, and physical environment exercised on the ind…
Tradition and Foreign Influences in the 19th Century Codification of Criminal Law: Dispelling the Myth of the Pervasive French Influence in Europe an…
2018
Any civil law student knows that most of provisions in any European or Latin American civil code derive from Roman law, that they were the outcome of a long and gradual scholarly elaboration extending from 12th century glossators to the natural lawyers of the 18th century. However, there is no such consensus about criminal law. The civil law tradition has doubtlessly committed more effort to the scholarly development of private law institutions than to those of public law, privileging civil law over criminal law. The main consequences of this fact are twofold: (i) 19th century criminal jurisprudence is sometimes presented as if had arisen out of the blue, or as if institutions contained in …
Considerations on the Best Interests of the Child as a Principle of Exercising Parental Authority
2016
Abstract The principle of the best interests of the child is the basis for international or national normative documents adopted after the 1989 UN Convention on the Rights of the Child. They enshrine the prevalence of this principle in any decision that must be made with regard to the child, and regardless of its author. In the matter of parental authority, the Romanian Civil Code subordinates parental rights and duties to this principle, placing the interests of the child above the interests of parents. This study presents such aspects as referring to the principle of the best interests of the child, including from a historical perspective, while also emphasising concern in the doctrine fo…
The Liberal State and Criminal Law Reform in Spain
2010
Throughout the nineteenth century, European legal science experienced a profound transformation, the consequences of which are still relevant today1. It would be a mistake to suppose, however, that all the legal reforms that took place in Europe in the nineteenth century, originated and developed from nothing. The roots of this process of transformation can already be seen in the sixteenth, seventeenth and especially in the eighteenth century, and the course of the European Enlightenment.
Certain considerations regarding the protection of a capable natural person through guardianship in the light of New Romanian Civil Code
2016
Abstract One of the measures employed to protect an individual is guardianship. Legal norms treat guardianship aimed at protecting a person with full capacity of exercise in certain special situations in a different way than they do guardianship for minors or persons placed under interdiction. While guardianship for capable persons is governed by the rules of mandate, guardianship for minors and persons placed under judicial interdiction are subject to rules applicable to custody for minors (art. 171 of the New Civil Code). As follows, we shall analyse the legal provisions established by the New Civil Code in the case of guardianship for capable persons, emphasising novelty elements as comp…