|
Preterintention
Preterintention "is the form of guilt which is done by committing an act with intention and producing a more serious consequence than the one pursued or accepted by the perpetrator through committing the act"; "this refers to when an Actus reus, act or an Omission (law), omission goes beyond the intention of the perpetrator who wanted to carry out a minor Crime, event": "given the agent A, the minor Corpus delicti, event B, the major Corpus delicti, event C –, the characteristic relation of preterintention can be described as follows: (1) A wants B. (2) A causes C. (3) C is greater than B. By the transitive property, if there is a psychic connection between A and B, a material connection between A and C, a value connection between B and C, then there must be a psychic connection between A and C, even if it is different from the direct one that exists between A and B". Overview This criminal progression 'beyond Intention, intention,' Fact, casuistically cosmopolitan, derives fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability (criminal)
In criminal law, strict liability is liability for which ( Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense ( Preterintentionally /ultraintentional /versari in re illicita). The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of . Strict liability laws were created in Britain in the 19th century to improve working and safety standards in factories. Needing to prove on the part of the factory owners was very difficult and resulted in very few prosecutions. The creation of strict liability offenses meant that convictions were increased. Com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nulla Poena Sine Culpa
{{italic title ''Nulla poena sine culpa'' (Latin for "no punishment without fault" or "no punishment without culpability") or the guilt principle is a legal principle requiring that one cannot be punished for something that they are not guilty of. It is recognized as a human right by the Court of Justice of the European Union and all Council of Europe member states. Under this principle, a person can not be punished if he or she is not guilty. Cases of force majeure or necessity are exempted from criminal responsibility. Furthermore, it establishes that no one can be liable for the crimes committed by another person. Recognition ''Nulla poena sine culpa'' is recognized in Article 6(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms as a human right. Germany According to the Federal Constitutional Court of Germany, the principle of ''nulla poena sine culpa'' is established iArticle 20(3) an(2) of the Basic Law for the Federal Republic of Germ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine (law)
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the '' de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern Univer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Language
Language is a structured system of communication that consists of grammar and vocabulary. It is the primary means by which humans convey meaning, both in spoken and signed language, signed forms, and may also be conveyed through writing system, writing. Human language is characterized by its cultural and historical diversity, with significant variations observed between cultures and across time. Human languages possess the properties of Productivity (linguistics), productivity and Displacement (linguistics), displacement, which enable the creation of an infinite number of sentences, and the ability to refer to objects, events, and ideas that are not immediately present in the discourse. The use of human language relies on social convention and is acquired through learning. Estimates of the number of human languages in the world vary between and . Precise estimates depend on an arbitrary distinction (dichotomy) established between languages and dialects. Natural languages are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causality
Causality is an influence by which one Event (philosophy), event, process, state, or Object (philosophy), object (''a'' ''cause'') contributes to the production of another event, process, state, or object (an ''effect'') where the cause is at least partly responsible for the effect, and the effect is at least partly dependent on the cause. The cause of something may also be described as the reason for the event or process. In general, a process can have multiple causes,Compare: which are also said to be ''causal factors'' for it, and all lie in its past. An effect can in turn be a cause of, or causal factor for, many other effects, which all lie in its future. Some writers have held that causality is metaphysics , metaphysically prior to notions of time and space. Causality is an abstraction that indicates how the world progresses. As such it is a basic concept; it is more apt to be an explanation of other concepts of progression than something to be explained by other more fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicidal Ideation
Homicidal ideation is a common medical term for thoughts about homicide. There is a range of homicidal thoughts which spans from vague and fleeting to detailed and fully formulated plans without the act itself. Most people who have homicidal ideation do not commit homicide. 50–91% of people surveyed on university grounds in various places in the United States admit to having had a homicidal fantasy. Homicidal ideation accounts for 10–17% of patient presentations to psychiatric facilities in the United States. Homicidal ideation is not a disease itself, but may result from other illnesses such as delirium and psychosis. Psychosis, which accounts for 89% of admissions with homicidal ideation in one US study, includes substance-induced psychosis (e.g. amphetamine psychosis) and the psychoses related to schizophreniform disorder and schizophrenia. Delirium is often drug induced or secondary to general medical illness(es). It may arise in association with personality disorders o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans-Heinrich Jescheck
__NOTOC__ Hans-Heinrich Jescheck (10 January 1915 – 27 September 2009) was a German professor of law at the University of Freiburg (1954–1980). He was also director of the Max Planck Institute for Foreign and International Criminal Law in Freiburg (until 1982). He was rector of the University of Freiburg from 1964 to 1965. In Nazi Germany, he was an officer in the Wehrmacht during World War II and a recipient of the Knight's Cross of the Iron Cross. Awards * Knight's Cross of the Iron Cross on 5 March 1945 as ''Hauptmann () is an officer rank in the armies of Germany, Austria, and Switzerland. It is usually translated as ''captain''. Background While in contemporary German means 'main', it also has, and originally had, the meaning of 'head', i.e. ' literall ...'' of the Reserves and leader of Panzer-Aufklärungs-Abteilung 118Fellgiebel 2000, p. 201. References * {{DEFAULTSORT:Jescheck, Hans-Heinrich 1915 births 2009 deaths People from Legnica Militar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scholar
A scholar is a person who is a researcher or has expertise in an academic discipline. A scholar can also be an academic, who works as a professor, teacher, or researcher at a university. An academic usually holds an advanced degree or a terminal degree, such as a master's degree or a doctorate (PhD). Independent scholars and public intellectuals work outside the academy yet may publish in academic journals and participate in scholarly public discussion. Definitions In contemporary English usage, the term ''scholar'' sometimes is equivalent to the term ''academic'', and describes a university-educated individual who has achieved intellectual mastery of an academic discipline, as instructor and as researcher. Moreover, before the establishment of universities, the term ''scholar'' identified and described an intellectual person whose primary occupation was professional research. In 1847, minister Emanuel Vogel Gerhart spoke of the role of the scholar in society: Gerhart argued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
