Thesis (Ph. D.)--University of Chicago, Committee on the Ancient Mediterranean World, August 2002. / Includes bibliographical references. Also available on the Internet.

Moral reform is a neglected response to wrongdoing that has been incorrectly portrayed as a practice involving illegitimate treatment of wrongdoers and as totally unsatisfying to those theorists advocating backward-looking practices such as retributive punishment. A clear explanation of the ethical legitimacy and practical necessity of the reformative techniques moral reform involves has been missed, and this paper details the design of moral reform proper in order to fill this gap in punishment theory. The moral reform of an offender is identified as a desideratum of responses to wrongdoing and it is explained what moral reform ought to entail. The claim that moral reform qualifies as the overriding aim of responses to wrongdoing is argued for on the grounds that this practice is capable of achieving all the established ends of responses to wrongdoing. The legitimate desiderata of our practices are identified as those usually selected as the ends of punishment practices, and moral reform must accomplish these if it is to be accepted. Moral reform is shown to realise the goals of punishments as the fortunate effects of what is done to achieve an offender's moral improvement and of what reformees do in taking responsibility for their actions. The suffering involved in moral reform receives particular emphasis since the practice will never satisfy unless it accommodates the widely-held intuition that the offender must suffer sufficiently as a consequence of his wrongdoing. Moral reform is further portrayed as the most meaningful practice for its ability to satisfy the appropriate needs and desires victims have in response to their victimization. A central claim of the thesis is that moral reform best serves the victim, since it most effectively relieves the victim's emotional responses to wrongdoing and is as adept as punishment at the expression of these same emotions. Reformers advocate a constructive response to wrongdoing that benefits all affected parties. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in

Punishment of community service and its performance Abstract The aim of this thesis is to describe a current legilation on punishment of community service and thanks to it's desription together with the statistical data about this punishment from years 2013 to 2017 define problems that have a negative impact on its functioning. Other methods to reach this goal are comparison with the legislation in different european countries, focusing on activity of Probation and mediation service of the Czech Republic and overview of czech case law, which was defining for a current understanding of this punishment. First part of this thesis icludes definitions of key concepts that are necessary for understanding on how this punishment works and what it is based on. Second part of this thesis includes overview of the czech legislation related to punishment of community service and its performance and also an overview on how this legislation works in actual fact. Professional literature, opinions of judges, district attorneys and probation officers as well as my own notices were used to decribe its actual works on day to day basis. Third part of this thesis is showing statistical data about this punishment that comes from Probation a mediation service of the Czech Republic. These statistical data shows the number of files...

Text in Afrikaans / Summaries in English and Afrikaans / Die Konstitusionele Hof het ir:i S v Makwanyane besluit dat die doodstraf nie versoenbaar is met die Grondwet nie en dit ongeldig verklaar. Die kritiek teenoor die regbank en die openbare mening oor die doodstraf was nog altyd s6 prominent dat die hof nie anders kon as om hieraan aandag te skenk nie. Die hof besluit dat die openbare mening nie 'n rol speel in die hersieningsproses nie. In hierdie verhandeling word die hof se standpunte en red es daarvoor ontleed. Ek kom tot die gevolgtrekking dat die hof korrek bes I is het. Die open bare mening is onseker. Daar is 'n verskil tussen die aard van die waardes in die Grondwet en die aard van die open bare mening. Die kritiek op die uitspraak is te wyte aan die gebrek aan insig en begrip onder lede van die gemeenskap oor die nuwe bestel en die rol van die regbank daarin. / The Constitutional Court in S v Makwanyane declared that the death penalty was inconsistent with the Constitution. The criticism on courts and the public opinion on the death penalty have been so severe that the court could not have but considered these issues. The court concluded that public opinion is not relevant in constitutional review. In this dissertation, I analyze the court's viewpoints and the reasons therefor. My conclusion is that the court made the correct decision. The public opinion is uncertain, and differs from values. The judgment is criticised due to a lack of understanding amongst the public as to the meaning of the new dispensation and the role of our courts therein. / Law / Thesis (LL.M.)--Universiteit van Suid-Afrika, 1996.

Capital punishment and consideration about justice has been spread throughout our society for its enitre existence. The death penalty is the only punishment which deals with human life and. with the exception for the legal and criminological aspects, it involves moral and philosophical views, as well. This thesis attempts to examine the ethical attitudes towards capital punishment of the members of the Police of the Czech Republic, as well as that of the city police. The main topic of my thesis is a survey of ethical assessment of the capital punishment. The theoretical part of my thesis deals with the history of capital punishment, various ways in which executions take place, the documents which are connected with the death penalty and human rights. It deals with the ethical and philosophical views, as well as the statement of the Roman Catholic Church. There are many arguments (pros and cons) regarding capital punishment. The practical part of my theis will examine the ethical views of members of the Police of the Czech Republic and city police who are on duty in Třebíč. The method of quantitative analytic research has been applied. The questionnaire survey and its assessment have been used. The chosen respondents are members of the police.

The topic of the diploma thesis is the punishment of the disqualification and its control. The main goal is to analyze the legislation of the punishment in Czech criminal law and its difficulties, describe control of the execution of the punishment and suggest possibilities of improvement of the regulation in this field. The diploma thesis is composed of eleven chapters and firstly focuses on the issue of the punishment of the disqualification and its purpose in general. Third chapter deals with historical development of the punishment, subsequently its legislation in Czech criminal law, including the legislation of the conditions of imposition of the punishment, especially condition of the connection between the crime and banned activity, and the measurement of the punishment. The fifth chapter summarizes decision-making practice of the Czech court since the criminal code no. 40/2009 Sb. came into force, and it is explained especially through statistics. Particular attention is paid to the punishment of the disqualification which lies in the prohibition of driving of motor vehicles, and to the institutes similar to the punishment of the disqualification in Czech criminal law, especially focused on adequate restrictions and adequate obligations with an emphasis on adequate restriction prohibiting...

Concentrating on G.W.F. Hegel’s controversial Naturphilosophie (1830), Part I ventures the following thesis: Hegelian nature is characterized by a “constitutive lack.” Insofar as the natural register lacks the precision and necessity immanent within the dialectical developments of conceptual thought it is capable of radical novelty—the unexpected. This is important: it offers a sense of how the natural register is open to thought and yet, simultaneously, a source of that which has the perpetual possibility of undermining conceptual distinctions and anticipations. The remainder of the project systematically maps what such a conception of nature must mean in terms of Hegel’s concept of spirit (Geist). Consequently, Part II analyzes Hegel’s bizarre account of psychopathology. The central thesis in this context claims that what Hegel’s speculative analysis of ‘madness’ shows us are the ways in which subjectivity might be dominated by its material-instinctual dimension as it unfolds within the unconscious depths of concrete subjectivity. Subjectivity retains the perpetual possibility of regression insofar as it reverts to being materially (maternally) determined strictly by way of externality. Questioning the presupposition of nature’s complete sublation, Part III focuses on Hegel’s political writings. Hegel’s analysis of criminality and punishment allows for the possibility of what we will call “surplus repressive punishment.” A surplus repressive punishment, a brute form of natural external pressure, would constitute spirit’s, i.e. freedom’s, “regressive de-actualization” at both the individual (subjective) and intersubjective (objective, communal) levels. Therefore, surplus repressive punishment, as an expression of spirit’s naturality, serves to undermine spirit’s objective actualization in its entirety. The problem of nature remains very much an active dimension of spirit’s concrete actualization at the socio-political level. The project offers a precise indication of how Hegel’s philosophy of spirit, i.e. his philosophy of freedom, is one intertwined with the problem instantiated by the matrices of nature. Sensitivity to this problem, that there is a problem here, and that Hegel’s system can be pursued to address it is one of the not always recognized merits of his thought. Simultaneously, Hegel’s system becomes surprisingly relevant for our contemporary world insofar as nature remains a problem for our living present.

This diploma thesis deals with the issue of a pecuniary punishment with a focus on the latest amendment in this area made by the Act No. 333/2020 Coll. The aim of this diploma thesis is to provide an analysis of the current legislation of pecuniary punishment, including an analysis of the causes of the low number of pecuniary punishments imposed. For the evaluation of the legislation the author used academic literature, case law and statistical data, while these sources showed that there is still room for improvement of the effective legal regulation. To understand the broader context, the reader will find in the first part general introduction to the issue of a pecuniary punishment. In this part the diploma thesis also deals with the advantages and disadvantages of a pecuniary punishment and analyses practice. The following second part focuses on regulation of pecuniary punishment in the substantial law. It describes the legal requirements for the imposition of a pecuniary punishment, deals with the drawbacks of the daily-fine system and also defines the range of crimes punishable by a pecuniary punishment. The third part deals with the procedural regulation of a pecuniary punishment. In particular, it focuses on the role of the public prosecutor in imposing a pecuniary punishment, draws attention...

Imposing punishments on adults Abstract My diploma thesis deals with the issue of imposing punishments on adult persons. This thesis attempts to cover a very broad range of issues related to the topic and to provide readers with a clear and comprehensive overview. For this purpose, this thesis is presented in four main consecutive parts, each divided into several subchapters. The first chapter briefly introduces the history of punishment and the individual historical criminal codes used in the area of the present-day Czech Republic from 1787 to now. The second chapter begins with a definition of punishment. This term is closely associated with the purpose of punishment, which is harder to define due to the lack of a clear definition in currently applicable legislation. This is why this chapter also deals with the theory of punishment and its purpose. The cornerstone of this thesis comprises the explanation of the main principles governing the imposition of punishment that is provided in the third chapter. This part is rather extensive in scope as it explains general principles, determining the type and the scope of punishment, as well as mitigating and aggravating circumstances and the closely related exclusion of double punishment. Given the current circumstances, I also touched upon punishments imposed...

Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal is to describe and evaluate the legal regulation of this punishment in Czech criminal law and its application. This diploma thesis also proposes possibilities for improvements of the regulation in this field. In the first chapter the thesis deals with the place of the disqualification in the criminal law system, the purpose of this penalty and its possibilities as an alternative non-custodial measure. It also describes other legal institutions in different fields of law which also restrict freedom to perform some activities. The second chapter is focused on imposing the penalty of the disqualification. This chapter deals with the conditions under which this penalty may be imposed, its content and scope or its length. This part offers a view on application of this punishment via case law and Ministry of Justice statistics. The third chapter is focused on the specifics of the disqualification imposed on minors and on the differences of the punishment of the disqualification imposed on legal persons. The fourth chapter analyses the enforcement of judgments imposing punishment of disqualification. In this chapter, attention is paid to the period of...