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Wyświetlanie 1-3 z 3
Tytuł:
Kryminologia kulturowa. Wprowadzenie do koncepcji
Cultural criminology. An introduction to the concept
Autorzy:
Drzazga, Edyta
Powiązania:
https://bibliotekanauki.pl/articles/698967.pdf
Data publikacji:
2010
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia kulturowa
kryminologia krytyczna
teorie kryminologiczne
cultural criminology
Opis:
Cultural criminology which emerged in the 1990s, based on new criminology of Taylor, Walton, Young, and the achievements of National Defiance Conference and British studies of subcultures, can be regarded as part of the critical approach to the phenomenon of crime. Since it first appeared, cultural criminology has tried to adjust the point of view on crime by engaging various perspectives. By principle, cultural criminology is supposed to challenge conventional criminology and provide a distinguishable alternative. Its distinctive features are emphasis on cultural components (i.e. style, symbols, meanings, emotions and media information) in investigating the phenomenon of crime and use of postmodernist interpretation in the analyses. Cultural criminology, by placing crime and crime control in the context of culture and regarding them as cultural products, focuses on the way in which social actors – all potential participants to the phenomenon of crime, i.e. offenders, victims, organs of social control, journalists and reporters – construe meaning and attribute it to delinquency, act of crime and each other. One of the key problems of cultural criminology is critical reflection on the postmodern world, that is a world in constant flux, marked with the processes of marginalisation and social exclusion but also ambiguous potential of creativity, transcendence, and transgression. In a series of conceptions, one can find references to such symptoms of postmodernism like, on one hand, consumerism fuelled by the media, imperative of expressiveness and ever increasing significance of personal development, on the other hand decreasing job security and family ties stability, pluralism of values enhanced by migration and global conflicts. What results from the clash of these opposite forces is increasing loss of sense of security of the a modern man and in collective categories, loss of public confidence. The vision of society assumed by cultural criminology is a society based on conflict, and all explanations of subcultures must include current relations of power and patterns of social inequality. At the same time, accepting M. Weber’s statement that culture is a network of meanings which are continuously created by a man and in which a man is suspended, it is postulated to seek these meanings by interpretation. Such assumptions concerning culture and means of its examination, along with the conflict-based vision of society, puts cultural criminology at the charge of combining various methods of explanation assumed by social sciences. In ethnographic studies in the area of cultural criminology the pursue of meaning by thorough exploration of cultural practices is reserved only for deviant subcultures. The world of social control is labelled with terms in line with conflict orientations in criminology.
Źródło:
Archiwum Kryminologii; 2010, XXXII; 5-22
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Prawo karne islamu w Europie?
Islamic penal law in Europe?
Autorzy:
Gutkowska, Agnieszka
Powiązania:
https://bibliotekanauki.pl/articles/698943.pdf
Data publikacji:
2010
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kryminologia kulturowa
prawo karne islamu
cultural defence
islamic penal law
Opis:
The article is concerned with selected rules of Islamic penal law. Such a discussion seems necessary (though naturally not sufficient) to attempt to answer the question about the best model of coexistence of sometimes drastically different cultural and normative systems in modern multicultural world. The choice of sharia is justified if we take into account that according to demographic data there are over 38 million of Muslim people living now in Europe. Without a doubt, such a situation may be a challenge because sharia explicitly states that observing laws in the country of residence (kanun) is a duty of every Muslim believer – however provided that the laws do not contradict sharia. There is one striking example of coexistence of different normative systems in Europe. The United Kingdom is the only European country so far which has decided to include Islamic laws in its legal system. Muslim citizens, if they are willing to, can decide property, inheritance, and family disputes in sharia courts and their decisions are recognised by the state. A conscious decision on integration of legal systems should rely on a deeper understanding of the legal system to be integrated into the current one. Understanding sharia requires, first of all, being aware that in the legal culture of Islam there is no division into secular and religious sphere. Hence, the common European perception of sharia as religious law must be considered a mistake. Sharia distinguishes two spheres: ibadat and mu’amalat. Ibadat, that is acts of faith, is the branch of law comprising religious duties of Muslim people. As a rule, breach of ibadat results with punishment in earthly life. Mu’amalat, that is transactions, contains provisions concerning interpersonal relations and protection of five basic human needs: life, religion, family life, property, feelings, and intellect. Yet, it cannot be said that ibadat is religious while mu’amalat is secular law. Together they form sharia and, what is more, they both contain penal provisions. In sharia, penal law is not a separate branch of law and both rules of penal law and sentence administration appear in both branches of sharia. Crime in Islamic law is always a detriment to the society as it infringes social order, God’s order, is a sacrilege (as it is a human infringement of divine rules), and a source of corruption for others. Classification of crimes in sharia is also entirely different from the western one. The basic criterion is the grounds for punishment and crimes are classified as punishable as hudud, kisas (or dijja), and ta’zir. Distinction between deeds punishable under Qur’an (hudud and kisas) and deeds punishable under customary law (ta’zir) is specific for Islamic law. While considering issues related to Islamic penal law, one cannot stop at the literal interpretation of sources of law.
Źródło:
Archiwum Kryminologii; 2010, XXXII; 403-412
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Integracja-marginalizacja-kryminalizacja, czyli o przestępczości cudzoziemców w Polsce
Integration-marginalisation-criminalisation; delinquency of foreigners in Poland
Autorzy:
Klaus, Witold
Powiązania:
https://bibliotekanauki.pl/articles/698961.pdf
Data publikacji:
2010
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
migracje
przestępczość cudzoziemców
wiktymizacja cudzoziemców
kryminologia kulturowa
migrants and crime
cultural defence
refugees and delinquency
Opis:
21st century is said to be the century of migration. Owing to the newest technologies people migrate easier and quicker. They also decide to change their place of residence more often – now not only within their countries but also outside it. Greater European integration and resulting increased facility in travelling within the EU facilitate this process. Yet, the most important cause of migration is the drive to improve living conditions. This is the main reason why foreigners from across the globe come to Europe – better life for them and their families. At present in the old EU countries migrants already constitute ten percent of society or even considerably more (according to UN data 14.1% in Spain, 13.1% in Germany, 10.7% in France, 10.4% in the UK), while in Poland this percentage is only 2.2% (although according to more credible OECD data, in 2008 it was as little as 0.2%). The number of foreigners legally residing in Poland permanently in 2009 was 92,500 (Office for Foreigners data), and the number of foreigners legally working in the country was almost 175,000 (Ministry of Labour and Social Policy data). One should also take into account a considerable number of foreigners residing in Poland illegally, estimated by researchers to be between 50 and 450 thousand. Moreover, the Border Guard data show an increase in the number of visitors to Poland – in 2009 7,2 million foreigners crossed Polish borders (which is a 5% increase compared to 2008). However, there are also threats related to migrations and they are of interest to sociologists and criminologists. Foreigners often remain on the margin of society and, as it happens in all marginalised social groups, some of them can turn to crime. Criminal activity of foreigners can be diverse, majority of it being common crimes committed against other foreigners. Organised crime crossing national borders is also a problem, particularly its most dangerous variety, human trafficking. Migrations involve also a clash of cultures which can lead to many previously unknown crimes (like e.g. honour murders, juvenile marriages, or reappearance of vendetta murders). Foreigners as “aliens” in the society often evoke fears, one of them being fear of serious crime – 2008 opinion poll by CBOS indicated that over 90% of Poles are afraid of such treat from foreigners. Yet fear of immigrants has much more in common with unrest and social instability brought by immigrant to the lives of residents than with actual risk of crime. It is worth to recall that one of first criminological studies carried out already in 1920s by Clifford Shaw indicated that crime is related to environment people live in, not to their race or nationality. Looking at the statistics, one may have an impression that [in Poland] there is no problem with foreign delinquency. Suspected foreigners in the peak moment in 2001 constituted 1.3% of all offenders and in 2008 only 0.41%.
Źródło:
Archiwum Kryminologii; 2010, XXXII; 81-155
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
    Wyświetlanie 1-3 z 3

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