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Historical criminology: the interdisciplinary divergence and convergence 历史犯罪学:跨学科的分歧与融合
Pub Date : 2018-11-28 DOI: 10.15406/frcij.2018.06.00242
Emah Saviour Peter
Interdisciplinary research and practice has now become an imperative and challenging approach of advancing knowledge and innovations. This technique involves a fusion of two or more academic and professional disciplines and synthesizing them with the aim of enriching overall research and development outcome, as well as overcoming the deficit of traditional mono-disciplinary pedagogy. Interdisciplinary activities therefore encourage scholars and practitioners to think across traditional boundaries imposed by their disciplines’ methodology and perspectives in order to achieve innovations for solving societal problems. As the fields of sociology and history, more narrowly, sociological criminology and penology history, developed into professionalized disciplines in the past decades; there have been calls for interdisciplinary alignment between members of and spotlights of the two disciplines. Such calls, termed by Paul Lawrence as ‘manifestos of collaboration’1 have been heard from authors like Davies and Pearson (1999); Emsley and Robert (1990); Lévy and Robert (1984), among others. In recent times, a number of writers have reflected on the gains that historians and criminologists stand to derive from each other’s research data and findings, while the initial disciplinary apathy which accentuated divergence between the two disciplines have now eroded. There has also been a rise in the level of inter-domain penetration. While more criminologists have now recognized the need to interrogate the past in their explanation of current crime trend and criminal justice systems, penology historians have also come to appreciate the imperative of leaning on current criminological findings in their normative attempt to link the past with the future.
跨学科研究和实践现在已经成为推进知识和创新的必要和具有挑战性的方法。该技术涉及两个或多个学术和专业学科的融合和综合,目的是丰富整体研究和开发成果,并克服传统单一学科教学法的缺陷。因此,跨学科活动鼓励学者和实践者跨越其学科方法和观点所施加的传统界限进行思考,以实现解决社会问题的创新。随着社会学和历史学领域,更狭义地说,社会学犯罪学和刑法学在过去几十年中发展成为专业化的学科;人们一直呼吁在这两个学科的成员和焦点之间建立跨学科的联盟。这种被保罗·劳伦斯称为“合作宣言”的呼吁已经从戴维斯和皮尔逊(1999)等作家那里听到;埃姆斯利和罗伯特(1990);lsamvy和Robert(1984)等。近年来,一些作家反思了历史学家和犯罪学家从彼此的研究数据和发现中获得的收获,而最初的学科冷漠加剧了这两个学科之间的分歧,现在已经消退。跨域渗透的水平也有所上升。虽然现在越来越多的犯罪学家已经认识到,在解释当前的犯罪趋势和刑事司法系统时,有必要对过去进行审问,但刑罚历史学家也开始认识到,在他们将过去与未来联系起来的规范性尝试中,有必要依靠当前的犯罪学发现。
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引用次数: 1
The right to die with dignity in Colombia 在哥伦比亚有尊严地死去的权利
Pub Date : 2018-11-27 DOI: 10.15406/frcij.2018.06.00239
Lynda Lynda López Benavides
The euthanasia is a controversial topic when we talk about moral ethics, political and judicial character, which it has inspired States as the Colombian to legalizing the practice of taking the life from a subject when he suffers a terminal illness. In Colombia it is legalized from 1997, but at present it does not have a norm that regulates it, the Congress of the Republic has not declared itself opposite to the topic for the strong influence of the Catholic Church in laws that can question religious principles. This medical practice allows that the terminal patients who do not want to continue suffering for pathology without treatment and tortuous days can die with dignity. With this postulate euthanasia was decriminalized and until 2014 the issue was again taken up, laying down rules that should precede it, which reflects that it could not be materialized as it was sought at the time, the Constitutional Court had to intervene through action of guardianship2 to urge the Ministry of Health to proceed to direct the health providers about euthanasia. Therefore, the present study will show the countries that have regulated euthanasia and other similar practices for the same purpose, at the same time will set the elements that are required to practice it not only in Colombia but in the countries that currently apply it, Likewise, the judicial progress that Colombia has had in this regard will be reviewed, which was extended to minors. The previous thing was achieved with the meticulous reading of the sentences that will be cited in the course of the presented work, of the doctrine referring to the subject, of the news review, news releases, and videos among other things.
当我们谈论道德伦理、政治和司法性质时,安乐死是一个有争议的话题,它激励了哥伦比亚等国家将从一个患有绝症的人身上取走生命的做法合法化。哥伦比亚从1997年起将其合法化,但目前没有规范它的规范,共和国国会没有宣布反对这一主题,因为天主教会在法律中具有强大的影响力,可以质疑宗教原则。这种医疗方式可以让那些不愿继续忍受病状而得不到治疗和痛苦的临终病人有尊严地死去。根据这一假设,安乐死被定为非刑事犯罪,直到2014年,这一问题再次被讨论,并制定了应该在此之前制定的规则,这反映出它不可能像当时所寻求的那样实现,宪法法院不得不通过监护行动进行干预,敦促卫生部就安乐死问题向保健提供者提出指导。因此,本研究将显示为同一目的而规范安乐死和其他类似做法的国家,同时将确定不仅在哥伦比亚而且在目前适用安乐死的国家实施安乐死所需的要素,同样,将审查哥伦比亚在这方面取得的司法进展,这已扩展到未成年人。前一件事是通过仔细阅读将在所介绍的工作中引用的句子,涉及主题的理论,新闻评论,新闻稿和视频以及其他东西来实现的。
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引用次数: 7
Overview on trade secrets in iran law and international documents with approach criminal protection 伊朗法律和国际文件中关于商业秘密的刑事保护概述
Pub Date : 2018-11-27 DOI: 10.15406/frcij.2018.06.00240
Jamal Beigi
Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified. Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.1 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola.2 The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day. Aims of the rights of trade secrets is to protect owner’s secret against Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified3 Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.4 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola. The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day.5 Aims of the rights of trade secrets is to protect owner’s secret against possess or illegal use. Trade secrets to support the development of new ideas is essential importance that, of course, easy access, ease of abuses and full benefits from it, among other features that this type of intellectual property is more susceptible to misuse spiritual and material placed so it requires effective suppuration. Ensure effective implementation of the rights of trade secrets and avoid infringing on the rights they are entitled to support.6
知识产权是对其在工业、科学、文学、艺术、物质和精神价值方面的智力创造享有的绝对的专有权。文学艺术产权分为知识产权和工商产权两大类。在知识产权领域中,工商业产权假定是占支配地位的商业和工业信息,不披露商业秘密或工业产权是包括trips协议在内的各种国际文书中最重要的例子之一。1商业秘密是任何公式、图案、收集到的设备信息用于贸易,其重要的经济价值几乎是独立的,并且在不知情的竞争对手中获得优势,不被利用。最著名的商业秘密之一是为可口可乐制作配方1920年,该公司在商业秘密的支持下同意了;饮料配方从1892年实现公司配方一直是一个秘密,这种情况一直持续到今天。商业秘密权的目的是保护所有人的秘密不受知识产权的侵害。知识产权是对其在工业、科学、文学、艺术、物质和精神价值方面的智力创造的绝对的、专有权。文学和艺术产权分为知识产权和工商业产权两大类。3知识产权领域的工商业产权假定它是占主导地位的商业和工业信息,不披露商业秘密或工业产权是包括trips协定在内的各种国际文书中最重要的例子之一。模式,收集到的设备信息用于贸易,其显著的经济价值几乎是独立的,并在竞争对手中获得优势,竞争对手不知道它,它没有被利用。最著名的商业秘密之一是可口可乐配方的制作。1920年,该公司在商业秘密的支持下同意了;饮料配方从1892年公司发明到现在一直是一个秘密,这种情况一直持续到今天商业秘密权的目的是保护商业秘密所有者的秘密不被占有或非法使用。商业秘密对支持新思想的发展是至关重要的,当然,容易获取、容易滥用和充分受益于它,除其他特点外,这类知识产权更容易被滥用精神和物质上的放置,所以它需要有效的化脓。5 .确保商业秘密权利的有效实施,避免侵犯其应享有的权利以权利为保障手段的各种策略称为履约保障。因此,本研究拟对商业秘密犯罪的权利保护进行考察;本研究组织在以下四个问题上进行了考虑
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引用次数: 0
Newly revealed wrongful convictions in china 中国新揭露的冤案
Pub Date : 2018-11-26 DOI: 10.15406/frcij.2018.06.00238
Jiang Na, Han Rong
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引用次数: 0
Police shootings: how statistics can be dangerously misleading when excluding context factors 警察枪击:统计数据如何在排除背景因素时具有危险的误导性
Pub Date : 2018-11-23 DOI: 10.15406/frcij.2018.06.00237
S. Johnson
gun in the line of duty is quite rare.1‒4 Miller3 estimates that police use of force against citizens occurs in less than 1.5% of police contacts and that deadly force is used in approximately 360 cases per year compared to 60,000 reported cases of assault against police officers each year.5 Estimates of the use of force in general by police range from 0.1% to 31.8%.6 The problem here is that force is loosely defined by researchers and the public and varies depending on the article read. In addition, the percentage of police shootings compared to all police contacts is a rare but emotionally powerful event. As one example, in an interview with the Washington Post, First Assistant Chief Michel Moore of the LAPD commented that their officers are involved in approximately 1.5 million volatile encounters per year, yet their department had only 15 police shootings resulting in suspect fatalities in 2017.7 Police use of force and use of deadly force is a rare event given the vast numbers of police interactions per year. In approximately 90% of cases of police shooting fatalities the suspect had a weapon.8 When people hear of a shooting, it is easy to fear that police shootings are a common occurrence and that the police shootings are occurring all of the time when in fact if people slow down and examine the overall statistics, they would realize that police shootings are uncommon in the daily activity of law enforcement.9 Despite those handful of cases, less than approximately 1-3% of police shootings are deemed unjustified when all the facts and the full context of the circumstance (context) was examined. Politics also slant the issue by highlighting a police shooting that was justified but portraying the officer’s actions as being unjustified, and this is based on a few facts or opinions prior to any full investigation. Approximately 1% of police shootings appear unjustified. The problem with the statistics of course is how the data is gathered and the definitions used about appropriate degrees of force. I understand that even one unjustified use of lethal force by police is unacceptable, yet given the overall number of police shootings, the percent of unjustified shootings is extremely low. As an example, Minneapolis Police officers recently (2018) shot and killed a Black male and the community threatened to and then rioted because they wanted the police officers arrested and charged with murder. This, despite the facts that: I. The officers were responding to a call of a man brandishing and at least twice firing a gun;
执勤时带枪是很少见的。1-4米勒3估计,警察对公民使用武力的情况不到警察接触的1.5%,每年使用致命武力的案件约为360起,而每年报告的袭击警察的案件为6万起警方使用武力的比例一般在0.1%至31.8%之间这里的问题是,研究人员和公众对力的定义很松散,而且根据所读文章的不同而有所不同。此外,与所有警察接触相比,警察枪击事件的百分比是一个罕见的,但情感上很强大的事件。例如,洛杉矶警察局第一助理局长米歇尔·摩尔在接受《华盛顿邮报》采访时评论说,他们的警察每年参与大约150万次不稳定的冲突,但他们部门在2017年只有15起警察枪击事件导致嫌疑人死亡。鉴于每年大量的警察互动,警察使用武力和使用致命武力是罕见的事件。在大约90%的警察开枪致死的案件中,嫌疑人有武器当人们听到枪击事件时,很容易担心警察枪击事件是经常发生的,警察枪击事件一直在发生,但事实上,如果人们放慢脚步,检查一下整体的统计数据,他们就会意识到警察枪击事件在日常执法活动中并不常见尽管有这些少数案例,但在审查了所有事实和整个情况(上下文)后,只有不到1% -3%的警察枪击被认为是不正当的。政治也使这个问题倾斜,强调警察开枪是正当的,但把警察的行为描绘成不正当的,这是基于任何全面调查之前的一些事实或观点。大约1%的警察开枪是不正当的。当然,统计数据的问题在于如何收集数据以及如何定义适当的力的程度。我明白,即使是一次警察不正当使用致命武力都是不可接受的,但考虑到警察开枪的总数,不正当开枪的比例是极低的。例如,明尼阿波利斯市警察最近(2018年)枪杀了一名黑人男性,社区威胁要逮捕警察并以谋杀罪起诉他们,然后发生了骚乱。尽管有以下事实:1 .警察当时是在响应一名男子挥舞并至少开了两次枪的呼叫;
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引用次数: 2
Animal cruelty, pet abuse & violence: the missed dangerous connection 虐待动物、虐待宠物和暴力:错过的危险联系
Pub Date : 2018-11-20 DOI: 10.15406/frcij.2018.06.00236
S. Johnson
It is sad to see time and time again how information on the seriousness and dangerousness of animal cruelty goes unnoticed or is minimized when intervention and prosecution occurs. Research from the 1980’s to the present has demonstrated that cruelty to animals is a hallmark or signature indicator for future acts of violence, including rape, child molestation, domestic abuse, school shootings, and other forms of violence. If someone can be abusive or cruel to animals, then it makes sense that they could and often do become aggressive and violent towards people. Animal cruelty is defined as the crime involving the infliction of pain, suffering, or death to an animal. Animal neglect can include withholding of food and water and shelter and that as a result the animal has in any way suffered, died, or been placed in imminent danger of death (animal cruelty, n.d.). In short, anything that is done to mistreat an animal. People who engage in animal cruelty are monsters. What does it take to abuse or neglect a living and gentle pet? The answer is simply monstrous and evil intentions.
令人遗憾的是,一次又一次地看到,当干预和起诉发生时,有关虐待动物的严重性和危险性的信息是如何被忽视或最小化的。从20世纪80年代到现在的研究表明,虐待动物是未来暴力行为的标志或标志性指标,包括强奸、猥亵儿童、家庭虐待、校园枪击和其他形式的暴力。如果有人虐待或残忍地对待动物,那么他们可能而且经常对人变得有攻击性和暴力是有道理的。虐待动物被定义为对动物施加痛苦、折磨或死亡的犯罪行为。对动物的忽视包括不提供食物、水和住所,结果动物以任何方式遭受痛苦、死亡或被置于迫在眉睫的死亡危险之中(动物虐待,无日期)。简而言之,任何虐待动物的行为。虐待动物的人都是怪物。怎样才能虐待或忽视一只活着的、温顺的宠物呢?答案就是骇人听闻的邪恶意图。
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引用次数: 14
Plural policing in england and wales: thoughts and discussion 英格兰和威尔士的多元警务:思考与讨论
Pub Date : 2018-11-19 DOI: 10.15406/frcij.2018.06.00235
C. Rogers
The current structure of 43 police forces in England and Wales reflects in part the historical fear of a national police force. The historical context of this concern can be found in the period before the introduction of the Metropolitan Police Act 1829, with the popular fear that a national police could easily become puppets of the government which could lead to anarchy and direct political control. People pointed to examples of the misuse of the police in European countries, particularly Revolutionary France to support this argument; hence the fragmentation of British police forces, with the accent on so-called ‘local accountability’. However, as Jones2 points out, the general trend in recent times has been one of greater centralised control of local policing, with the Home Office exerting more influence and the establishment of national policing bodies such as the Serious Organised Crime Agency (now the National Crime Agency). Other national bodies include her Majesty’s Inspectorate of Constabulary, the Audit Commission, and the Police Standards Unit amongst others who have been important actors in the national governance of policing in England and Wales.3 Whilst this may have been true of previous Labour governments the change in government from 2010 seems to have invoked a looser central control with the introduction of Police and Crime Commissioners, (PCCs) elected in November 2012 under the auspices of the Police and Social Responsibility Act4 and the end of ring fenced funding for community policing. The introduction of PCCs, with the revived funding arrangements for that post meaning PCCs can decide how to spend their budgets, introduces the possibility for further pluralisation of policing services.
目前英格兰和威尔士43支警察部队的结构部分反映了历史上对国家警察部队的恐惧。这种担忧的历史背景可以追溯到1829年《大都会警察法》出台之前,当时人们普遍担心国家警察很容易成为政府的傀儡,从而导致无政府状态和直接的政治控制。人们举出欧洲国家滥用警察的例子来支持这一观点,尤其是大革命时期的法国;因此,英国警察部队四分五裂,强调所谓的“地方问责制”。然而,正如琼斯所指出的那样,近年来的总体趋势是对地方警务的更大集中控制,内政部施加了更大的影响力,并建立了国家警务机构,如有组织重大犯罪局(现为国家犯罪局)。其他国家机构包括女王陛下的警察监察局、审计委员会和警察标准单位等,他们在英格兰和威尔士的国家警务治理中发挥了重要作用。虽然这可能是前工党政府的情况,但从2010年开始,政府的变化似乎引入了更宽松的中央控制,引入了警察和犯罪专员。2012年11月,在《警察和社会责任法案》的支持下,社区警务拨款结束,警察和社会责任委员会(PCCs)应运而生。警务司的引入,随着该职位的资金安排的恢复,意味着警务司可以决定如何使用他们的预算,为警务服务的进一步多元化带来了可能性。
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引用次数: 0
Criminologist in the company a pilot crime prevention 犯罪学家在公司进行了犯罪预防试点
Pub Date : 2018-11-19 DOI: 10.15406/FRCIJ.2018.06.00234
Gino Ríos Patio
Crime is -according to precise definition criminology-inter subjective conflict of interest involved in the violence factor that grows exponentially and causing damage to the parties involved and third parties. There are-without a doubt-in this definition, a human component -would best staff-and a social element, which shows the individual and social nature of the crime, under which this conflict phenomenon violent and problematic affects people and society as a whole, so it deserves the attention of every individual, the community and the state. Given the peculiar characteristics of the crime indicated above-to your multicausal and multifactorial nature as well as its ubiquity and its unquenchable nature add-It is not possible to neutralize, control, reduce or less prevent it through the exercise of punitive power, but only through the criminological scientific knowledge, which precisely allows early detection of causes, factors, conditions and criminogenic stimuli, with a view to preventing crime. In that sense, criminology as a holistic social science, studying the causes of crime, analyzes the offender, appreciates the victim and evaluates social control, in order to provide objective and verifiable scientific information to help design policy criminology to advocate effectively achieving the aforementioned preventive purposes and positive intervention actions necessary. The human person-only being with consciousness, will and freedom-It is offending agent par excellence; however, the criminal doctrine-although not peacefullyHe considers that legal person may also commit a criminal offense. It is not the subject of this article, we discuss the reasons for and against the criminal liability of the legal person, just that Act No. 30424-modified Leg. No. 1352-provides that a legal person can have administrative and criminal responsibility for the offenses of bribery active transnational, money laundering, illegal mining, organized crime and collaboration with terrorism and, consequently, deserve severe penalties in these areas, for it is justified-from the standpoint of theoretical and practice-analysis of the new legal requirement that companies have an effective crime prevention program so they can absolve themselves of responsibility. In addition, the social usefulness of the study that this article describes is undeniable, as being a legal obligation very new, it is necessary to disseminate its meaning and scope, in order not only to meet the standard but, above all, to learn about the implementation and characteristics of the compliance program as work product criminologist in the company. Since ancient times; founders, managers and employees of a private partnership or company, have created and/or used the organization of an entity to commit or facilitate crimes. Are asaz known cases of the retinues of Outlaws of the Middle Ages, companies of mercenaries and condottieri of the Renaissance, the secret brotherhoods of the eighteenth century,
这种后现代的事实情况要求采取制度化的预防措施,旨在最大限度地减少或消除通过组织公司实施犯罪的风险,例如实施公司预防的义务,这是犯罪学家工作的结果,如本文所述。其中,在第1章中提出了犯罪学的基础知识和犯罪学政策,以在商业中传播这门社会科学的优点和优势,使其具有更大的范围和效率,使其不与犯罪和审计混淆;第二章分析评价合规项目的意义、范围、条件、要求和合规项目的有效性;第三章论述了当前犯罪形势下犯罪学家在公司工作的重要性、实用性和紧迫性;最后得出结论,涉及引入这种新的犯罪学预防措施。
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引用次数: 0
Cheiloscopy in the human identification 镜检在人体鉴定中的应用
Pub Date : 2018-11-16 DOI: 10.15406/FRCIJ.2018.06.00231
Isamara Ge, R. Caputo, Laís Ubaldo Antonio, Ana Paula do Rego André, Mariana Gonçalves Ferreira de Castro, Letícia Batista Pinto, Raphaela Duarte da Cunha, Mônica Santiago Oliveira Amaral Carvalho
One of the most challenging issues that man has been confronted with is human identification.1 Identifying identity is a fundamental process in Legal Medicine, both in civil and criminal terms2,3 being a prerequisite for the certification of death as well as for personal, social and legal reasons.4,5 Dactyloscopy (evaluation of fingerprints), dental records and deoxyribonucleic acid (DNA) are the most common techniques used, allowing the rapid and secure identification process. However, in certain circumstances, related to the crime scene or lack of experienced personnel, these techniques may not be available. Therefore, there is a growing need to apply alternative methods to establish identity,6 as is the case of soft tissue identification, an example being queiloscopy. Cheiloscopy is an area of Forensic Dentistry that applies to the study, registration and classification of lip impressions.7 Greek word of origin, queiloscopy means examination of the lips, where cheilos=lips and skopein=examination.
人类所面临的最具挑战性的问题之一是人类的身份认同在民事和刑事方面,鉴定身份是法律医学的一个基本过程,是证明死亡以及出于个人、社会和法律原因的先决条件。4,5指纹鉴定(指纹鉴定)、牙科记录和脱氧核糖核酸(DNA)是最常用的技术,允许快速和安全的识别过程。然而,在某些情况下,与犯罪现场有关或缺乏经验丰富的人员,这些技术可能无法使用。因此,越来越需要应用替代方法来建立身份,6就像软组织鉴定的情况一样,一个例子是肾盂镜检查。唇部镜检查是法医牙医学的一个领域,用于唇印的研究、记录和分类希腊语词源queiloscopy的意思是检查嘴唇,其中cheilos=嘴唇,skopein=检查。
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引用次数: 0
From the criminological legend to the criminological chimera 从犯罪学的传说到犯罪学的幻想
Pub Date : 2018-11-16 DOI: 10.15406/FRCIJ.2018.06.00233
Gino Ríos Patio
In Greek culture of antiquity the usual story was a myth referred to portentous events, by striking, such as gods, demigods, titans, idols, giants, monsters or fantasy characters beings. Today it is considered in much of the world, a story. Myths are, in a culture or community, a system of dogmas that are considered authentic stories and together is called mythology, which bears a direct relationship with community beliefs: A greater number of myths and greater complexity of a mythology, the greater the development of the beliefs of a community that supports their worldview. As word and concept, the myth began to lose credit and devalue to acquire a derogatory meaning, coming to be used loosely as a synonym shaped canard of widespread but false belief at the time that philosophical disquisitions and scientific elucidations appeared and were knowledge of the community. It is known to position estructuralista Levi-Strauss anthropologist,1 whereby, myth consist irreconcilable antipodes, such as creation against destruction, life against death, or against bad; and it provides the reconciliation of these extremes to exorcise our consciousness. Also, Parker2 refers to the functionalist anthropologist Malinowski argued that each of the components and social institutions relate to each other within a system in which everyone has a role. As an example, he highlighted the characteristics of beliefs, customs, institutions, religions and rituals, among others. From the foregoing it is possible to deduce that there is no substantial aspect of life that is alien to the myth, because this answers the basic questions of human existence, that is, reason and reason to exist around him, among others. The downside is that is not a rational explanation. At the popular level, the myth plays an explanatory role because it explains, justifies or develop the cause of some aspect of social or individual life; a function of meaning, because it gives a comfort that relieves individuals; and a pragmatic role since it is the basis of certain structures and state actions. It is possible that these three combined functions are played simultaneously in the social policy area, as will occur to criminal law. While the myth, the story, the legend and the chimera have similar meanings, there are some differences between these concepts. The story, for example, is a flat aetiological fiction, while the myth is presented as a credible albeit complicated plot story. Moreover, the legend, unlike the myth, takes place in a real, historical time, in certain places and with real actors. In turn, the chimera of the imagination is seen as something possible to be unworkable. It is customary to read the myth literally, being an object of social belief, which meaning cannot be other than an imaginary and symbolic; however, the interpretation should be to identify in reality what is used in everyday life, as reinforcement of behaviours, argument of authority, among other things; analyze and defi
在古代希腊文化中,通常的故事是一个神话,指的是预示性的事件,通过打击,如神,半人半神,泰坦,偶像,巨人,怪物或幻想人物的存在。今天,在世界上的许多地方,它被认为是一个故事。在一种文化或群体中,神话是一套被认为是真实故事的教条体系,合在一起被称为神话,它与群体信仰有着直接的关系:神话的数量越多,神话的复杂性越高,支持他们世界观的群体信仰的发展就越大。作为词汇和概念,神话开始失去信誉,贬值,获得贬义,被松散地用作广泛但错误的谣言的同义词,当时哲学论文和科学解释出现了,是社会的知识。它以结构主义列维-施特劳斯人类学家的立场而闻名,1据此,神话包含不可调和的对立面,如创造与毁灭,生命与死亡,或与坏;它提供了这些极端的和解来驱除我们的意识。此外,帕克引用了功能主义人类学家马林诺夫斯基(Malinowski)的观点,即每个组成部分和社会制度都在一个每个人都有角色的系统中相互关联。作为一个例子,他强调了信仰、习俗、制度、宗教和仪式等方面的特点。从上述内容可以推断出,生活中没有任何实质性的方面与神话无关,因为这回答了人类存在的基本问题,即理性和存在于他周围的理性,以及其他问题。缺点是,这不是一个理性的解释。在大众层面上,神话起着解释性的作用,因为它解释、证明或发展了社会或个人生活的某些方面的原因;意义的功能,因为它给人一种安慰,让人放松;也是一个务实的角色,因为它是某些结构和国家行动的基础。这三种功能可能在社会政策领域同时发挥,就像在刑法领域会发生的那样。虽然神话、故事、传说和奇美拉具有相似的含义,但这些概念之间存在一些差异。例如,这个故事是一个平淡的病原学小说,而神话则是一个可信的,尽管情节复杂的故事。此外,与神话不同的是,传说发生在一个真实的历史时期,在某些地方,有真实的演员。反过来,想象的幻想被视为可能是不可行的。人们习惯从字面上解读神话,因为它是社会信仰的对象,其意义只能是想象和象征;然而,解释应该是在现实中确定日常生活中使用的东西,作为行为的强化,权威的论证等等;分析和定义现实中出现的对立或互补元素,以及它们之间的关系;原因是他臭名昭著的象征主义,充满了一种影响,指的是人类心理的典型内容。在这篇文章中,我打算从秘鲁的现实中考察刑法的神话特征、传奇犯罪学的起源和激进犯罪学的幻想性质,秘鲁的现实与犯罪学现实和拉丁美洲的罪犯保持相似之处。
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Foresic Research & Criminology International Journal
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