Les fondements de la loi et comment elle se construit chez l’individu

RESUMÉ: Le Droit, en tant que système de constructions institutionnelles de l'humanité, est une échelle symbolique indispensable dans la construction de la subjectivité, puisqu'elle sauvegarde les interdictions fondamentales relatives à l'inceste et aux crimes d'homicide, de parricide, de matricide et d'infanticide, lesquelles constituent des limites nécessaires au langage en tant que phénomène psychosomatique humain. Le système du Droit a la fonction de médiation dans l'économie psychique de la Référence symbolique et fonctionne comme un Tiers dans la logique triadique du langage puisque, en établissant des catégories de filiation et des niveaux de hiérarchie dans la séquence des générations, il rehausse l'importance de la généalogie patriarcale dans l'espèce parlante. Le Droit «institue la vie en instituant la subjectivité» dans l'art de l'interprétation des interdits construits dans les sociétés. C'est le représentant logique transcendantal divin, paternel ou étatique qui soutient chez le sujet l'acceptation de l'interdiction œdipienne et de ses nuances, engendrant alors sa «capacité de jugement singulier». ABSTRACT: The Law, as a system of institutional constructions for mankind, is an essential symbolic scale for the construction of subjectivity, since it saves fundamental injunctions about incest, and crimes like homicide, parricide, matricide and infanticide, all of them constituting the necessary boundaries to language as a human psychosomatic phenomenon. The Law system as the function of mediation for the symbolic Reference in the psyche economy and works as a Third party on the triadic logic of language, because as it establishes affiliation categories and hierarchic levels in the sequence of the generations, it highlights the importance of the patriarchal genealogy in the «speaker species». The Law «institutes life instituting subjectivity» in the art of injunctions interpretation built in societies. It’s the logical transcendental divine representative, fatherly or status apparatus that sustains for the subject the oedipal acceptance and its nuances, creating then its «singular judgment capacity».

Os estados passionais nos homicídios

Nesta Dissertação é feita uma abordagem psicológica ao tema das emoções e à sua influência na criação dos estados passionais. Posteriormente é abordada a influência dos mesmos nos casos de homicídio e de que forma devem ser julgados tais crimes tendo em conta o estado psicológico do agente.

Los muertos del Floreanismo (Estudios)

El artículo analiza el crimen político durante las primeras décadas de vida de la República del Ecuador. Específicamente centra su estudio en el período dominado por la figura de Juan José Flores, primer presidente del Ecuador. La inestabilidad política, la precariedad de las alianzas entre las élites regionales, la crisis económica generada por las guerras de independencia, las conspiraciones y la violencia que caracterizaron al período de surgimiento de las repúblicas andinas hicieron del crimen político un “vicio de nacimiento”. El asesinato del general Antonio José de Sucre, la muerte de los miembros de la sociedad El Quiteño Libre, el homicidio de Juan Otamendi, entre otros, hicieron patente esta característica.

Understanding the seriousness of corporate crime: Some lessons for the new 'corporate manslaughter' offence

The measurement of public attitudes towards the criminal law has become an important area of research in recent years because of the perceived desirability of ensuring that the legal system reflects broader societal values. In particular, studies into public perceptions of crime seriousness have attempted to measure the degree of concordance that exists between law and public opinion in the organization and enforcement of criminal offences. These understandings of perceived crime seriousness are particularly important in relation to high-profile issues where public confidence in the law is central to the legal agenda, such as the enforcement of work-related fatality cases. A need to respond to public concern over this issue was cited as a primary justification for the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. This article will suggest that, although literature looking at the perceived seriousness of corporate crime and, particularly, health and safety offences is limited in volume and generalist in scope, important lessons can be gleaned from existing literature, and pressing questions are raised that demand further empirical investigation.

Mediating punitiveness: understanding public attitudes towards work-related fatality cases

This paper concerns an empirical investigation into public attitudes towards work-related fatality cases, where organizational offenders cause the death of workers or members of the public. This issue is particularly relevant following the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 into UK law. Here, as elsewhere, the use of criminal law against companies reflects governmental concerns over public confidence in the law’s ability to regulate risk. The empirical findings demonstrate that high levels of public concern over these cases do not translate into punitive attitudes. Such cases are viewed rationally and constructively, and lead to instrumental rather than purely expressive enforcement preferences.

Camera and performer: energetic engagement with the shield

The stylistic strategies, in particular those concerning camera placement and movement, of The Shield (FX, 2002-08) seem to directly fit into an aesthetic tradition developed by US cop dramas like Hill Street Blues (NBC, 1981-87), Homicide: Life on the Street (NBC, 1993-99) and NYPD Blue (ABC, 1993-2005). In these precinct dramas, decisions concerning spatial arrangements of camera and performer foreground a desire to present and react to action while it is happening, and with a minimum of apparent construction. As Jonathan Bignell (2009) has argued, the intimacy and immediacy of this stylistic approach, which has at its core an attempt at a documentary-like realism, is important to the police drama as a genre, while also being tendencies that have been taken as specific characteristics of television more generally. I explore how The Shield develops this tradition of a reactive camera style in its strategy of shooting with two cameras rather than one, with specific attention to how this shapes the presentation of performance. Through a detailed examination of the relationship between performer and camera(s) the chapter considers the way the series establishes access to the fictional world, which is crucial to the manner of police investigation central to its drama, and the impact of this on how we engage with performance. The cameras’ placement appears to balance various impulses, including: the demands of attending to an ensemble cast, spontaneous performance style, and action that is physically dynamic and involving. In a series that makes stylistic decisions around presentation of the body on-screen deliberately close yet obstructive, involving yet fleeting, the chapter explores the affect of this on the watching experience.

Health in Brazil 5 Violence and injuries in Brazil: the effect, progress made, and challenges ahead

Although there are signs of decline, homicides and traffic-related injuries and deaths in Brazil account for almost two-thirds of all deaths from external causes. In 2007, the homicide rate was 26.8 per 100 000 people and traffic-related mortality was 23.5 per 100 000. Domestic violence might not lead to as many deaths, but its share of violence-related morbidity is large. These are important public health problems that lead to enormous individual and collective costs. Young, black, and poor men are the main victims and perpetrators of community violence, whereas poor black women and children are the main victims of domestic violence. Regional differentials are also substantial. Besides the sociocultural determinants, much of the violence in Brazil has been associated with the misuse of alcohol and illicit drugs, and the wide availability of firearms. The high traffic-related morbidity and mortality in Brazil have been linked to the chosen model for the transport system that has given priority to roads and private-car use without offering adequate infrastructure. The system is often poorly equipped to deal with violations of traffic rules. In response to the major problems of violence and injuries, Brazil has greatly advanced in terms of legislation and action plans. The main challenge is to assess these advances to identify, extend, integrate, and continue the successful ones.

Blue army : paramilitary policing in Australia

Examination of how Victoria's Special Operations Group and their tactics have contributed to the extraordinary number of police shootings in Victoria. Looks at how these tactics have been passed on to the ordinary police. Based on author's research into the paramilitarisation of the police. Exposes the risks of allowing Australia's police forces to move away from their original charter of keeping the peace with the use of minimum force. Author lectures in Police Studies at Deakin University. She has represented the families of several men shot and killed by police in the late 1980s in her work as a community lawyer.

Dead man walking : an empirical reassessment of the deterrent effect of capital punishment using the bounds testing approach to cointegration

This paper empirically estimates a murder supply equation for the United States from 1965 to 2001 within a cointegration and error correction framework. Our findings suggest that any support for the deterrence hypothesis is sensitive to the inclusion of variables for the effects of guns and other crimes. In the long run we find that real income and the conditional probability of receiving the death sentence are the main factors explaining variations in the homicide rate. In the short run the aggravated assault rate and robbery rate are the most important determinants of the homicide rate.

Do governments lead or lag in fighting crime?

We examine the Granger causal relationship between police strength and a variety of different types of crime for South Australia. We find that with the exception of assault and homicide in the long run, the crime rate and police strength are neutral.

Crime rates, male youth unemployment and real income in Australia: evidence from Granger causality tests

This article applies Granger causality tests to examine the relationship between seven different categories of property crime and violent crime against the person, male youth unemployment and real male average weekly earnings in Australia from 1964 to 2001 within a cointegration and vector error correction framework. It is found that fraud, homicide and motor vehicle theft are cointegrated with male youth unemployment and real male average weekly earnings. However, there is no evidence of a long-run relationship between either break and enter, robbery, serious assault or stealing with male youth unemployment and real male average weekly earnings.

‘Till death do us part : judging the men who kill their intimate partners

This paper examines the construction of masculinity in judge’s sentencing remarks across seventeen cases of male perpetrated intimate femicide sentenced between March 2005 and May 2007 in the Victorian Supreme Court. Using a narrative analysis of sentencing transcripts it investigates how ideal understandings of hegemonic masculinity are used in judicial decision making to condemn or sympathise with male offenders of intimate femicide. The findings illustrate the profound influence that traditional understandings of masculinity and fatherhood still have on current sentencing practises despite the current climate of homicide law reform both within Australia and overseas. Whilst this paper did not directly assess the impact of recent homicide law reforms, specifically provocation, it is explicitly concerned with the continued influence of gender norms and bias at the sentencing stage of the legal process. As such, it provides a preliminary illustration of the key role that judges play in advocating or rejecting change within the criminal justice system, and more broadly legitimising attitudes about male violence against women throughout society. In condoning the use of extreme violence, in any context, judges send a message to society that such behaviour is either generally or specifically acceptable and accommodated within a legal framework.