5 research outputs found

    Discrimination against men : appearance and causes in the context of a modern welfare state

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    Manifest Madness: Mental Incapacity in the Criminal Law

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    Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding the terrain of mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices including those of evidence and proof, and also medical and social understanding of mental order and incapacity. Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, analysing their development through historical cases to the modern era. It maps the shifting boundaries between normality and abnormality as constructed in law, arguing that ‘manifest madness’ — the distinct character of mental incapacity revealed by this interdisciplinary approach — has a broad significance for understanding the criminal law as a whole

    Linguistic principles in Usul al-fiqh and their effect on legal reasoning in Islamic law

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    This present study deals with the linguistic principles that are used in the process of legal reasoning in Islamic law. These linguistic principles represent an important branch of the science of usu1 al-fiqh on its part represents the theoretical basis for the Shari ah and indisputable foundations upon which the whole structure of Islamic law is built. It is a unique study in the sense that no similar work, as far as we know, is available and its comparative and analytical approach has not been presented before. This study is divided into four parts. The first part deals with the linguistic principles that are related to the methods of textual indication on legal rulings. In this part these principles have been analysed according to both the Hanafi and the Shäfi'i approach. In the second part this study deals with linguistic principles which are related to clarity and ambiguity of words. It is a comparative study of the Hanafi and the Shdfi'i approach to this issue. The third part highlights the generality and specific qualities of words, and the fourth part analyses the possibility of interpretation of authoritative texts not according to their obvious meanings (ta'wi7). In general this is a comparative study of the methodology of interpretation of authoritative texts in Islamic law presented through the study of the linguistic principles in usßl al-fiqh and their effect on legal reasoning in Islamic law

    Tematski zbornik radova međunarodnog značaja. Tom 2 / Međunarodni naučni skup “Dani Arčibalda Rajsa”, Beograd, 10-11. mart 2016.

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    In front of you is the Thematic Collection of Papers presented at the International Scientific Conference “Archibald Reiss Days”, which was organized by the Academy of Criminalistic and Police Studies in Belgrade, in co-operation with the Ministry of Interior and the Ministry of Education, Science and Technological Development of the Republic of Serbia, National Police University of China, Lviv State University of Internal Affairs, Volgograd Academy of the Russian Internal Affairs Ministry, Faculty of Security in Skopje, Faculty of Criminal Justice and Security in Ljubljana, Police Academy “Alexandru Ioan Cuza“ in Bucharest, Academy of Police Force in Bratislava and Police College in Banjaluka, and held at the Academy of Criminalistic and Police Studies, on 10 and 11 March 2016. The International Scientific Conference “Archibald Reiss Days” is organized for the sixth time in a row, in memory of the founder and director of the first modern higher police school in Serbia, Rodolphe Archibald Reiss, PhD, after whom the Conference was named. The Thematic Collection of Papers contains 165 papers written by eminent scholars in the field of law, security, criminalistics, police studies, forensics, informatics, as well as by members of national security system participating in education of the police, army and other security services from Belarus, Bosnia and Herzegovina, Bulgaria, China, Croatia, Greece, Hungary, Macedonia, Montenegro, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Switzerland, Turkey, Ukraine and United Kingdom. Each paper has been double-blind peer reviewed by two reviewers, international experts competent for the field to which the paper is related, and the Thematic Conference Proceedings in whole has been reviewed by five competent international reviewers. The papers published in the Thematic Collection of Papers contain the overview of contemporary trends in the development of police education system, development of the police and contemporary security, criminalistic and forensic concepts. Furthermore, they provide us with the analysis of the rule of law activities in crime suppression, situation and trends in the above-mentioned fields, as well as suggestions on how to systematically deal with these issues. The Collection of Papers represents a significant contribution to the existing fund of scientific and expert knowledge in the field of criminalistic, security, penal and legal theory and practice. Publication of this Collection contributes to improving of mutual cooperation between educational, scientific and expert institutions at national, regional and international level
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