The content and interpretation of the philo- sophical category “measure” in criminal law
Introduction: the article studies approaches to the definition of the essence of the philosophical term “measure” and features of its criminal interpretation in the categories of “punishment”, “liability”, “impact”, etc. Purpose: to identify the possibility of using criminal punishment (type of t...
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| Format: | Article |
| Language: | English |
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Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)
2022-12-01
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| Series: | Пенитенциарная наука |
| Subjects: | |
| Online Access: | https://jurnauka-vipe.ru/media/filer_public/54/1a/541a4511-faaa-4d4e-99fd-e115a7ebaa4a/ps_tom_16_4_lapshin_vf_a.pdf |
| Summary: | Introduction: the article studies approaches to the definition of the essence
of the philosophical term “measure” and features of its criminal interpretation in
the categories of “punishment”, “liability”, “impact”, etc. Purpose: to identify the
possibility of using criminal punishment (type of the measure and its quantity in
the form of size/term) as a universal means of determining the scale of the public
danger of each crime. Methods: dialectical, formal-logical, observation, analysis,
synthesis, classification, system-structural. Results: the analysis of general
philosophical and legal approaches to understanding the essence of measure
shows that this category has many meanings: from an absolute digital value to
a variable assessment made by a person depending on his/her development
level and environment characteristics. Understanding the essence of measure
as something exceptionally constant is a misconception. Conclusions: the
concept “measure” in the criminal legal meaning represents, first of all, the limit
of permissible behavior. In this context, all criminal law should be recognized as
the measure, the prescriptions of which make it possible to distinguish between
criminal and non-criminal forms of behavior. Punishment cannot be considered
as a constant value by which the social danger of each crime is determined. The
assessment of the social danger of crime varies significantly depending on social
values, the types and meaning of which are subjectively determined (formed,
changed, rejected) only by a person. |
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| ISSN: | 2686-9764 2782-1986 |