{"title":"犯罪的普遍特征:永不愈合的创伤之母","authors":"Herman Bakir","doi":"10.30652/ml.v6i2.7900","DOIUrl":null,"url":null,"abstract":"This article aims to contribute thoughts in response to a series of questions around general issues related to (1) crimes that involve individual humans as perpetrators, and (2) traits inherent in the structure of every crime. The method that guides this work in formulating a comprehensive vision of truth is “conceptual analysis”. The author, therefore, will strip and decipher the standard concepts of crime down to their most elementary units. All data that is qualified to be processed analytically-conceptually is bibliographical (electronic and manual) data. The data collection stage is guided by keywords. Results: (1) Crime is an intersubjective activity. Every behavior can be qualified as evil/criminal as long as the element of dolus malus has been fulfilled, or at least, it expresses a shape of indifference from the perpetrator that can harm the soul, body, and property of others (culpa). There is no other definition beyond this which will be more significant in showing its normative-juridical and socio-juridical character. (2) everyone can become evil as long as there are: (a) potential victims; (b) mens rea, and (c) opportunity. The reason: we are creatures endowed by God with the skills to (a) defend ourselves and (b) project a better life in the future. Whoever the person is, one day may become an easy target in the act of violence because basically, people outside of us are selfish beings who carry natural talent as criminal beings wherever they go, homo homini lupus; (3) every crime has three general characteristics: (a) destructive; (b) antisocial; and (c) producing wounds that are often incurable.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Universal Character of Crime: The Mother of All Wounds That Never Healed\",\"authors\":\"Herman Bakir\",\"doi\":\"10.30652/ml.v6i2.7900\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article aims to contribute thoughts in response to a series of questions around general issues related to (1) crimes that involve individual humans as perpetrators, and (2) traits inherent in the structure of every crime. The method that guides this work in formulating a comprehensive vision of truth is “conceptual analysis”. The author, therefore, will strip and decipher the standard concepts of crime down to their most elementary units. All data that is qualified to be processed analytically-conceptually is bibliographical (electronic and manual) data. The data collection stage is guided by keywords. Results: (1) Crime is an intersubjective activity. Every behavior can be qualified as evil/criminal as long as the element of dolus malus has been fulfilled, or at least, it expresses a shape of indifference from the perpetrator that can harm the soul, body, and property of others (culpa). There is no other definition beyond this which will be more significant in showing its normative-juridical and socio-juridical character. (2) everyone can become evil as long as there are: (a) potential victims; (b) mens rea, and (c) opportunity. The reason: we are creatures endowed by God with the skills to (a) defend ourselves and (b) project a better life in the future. Whoever the person is, one day may become an easy target in the act of violence because basically, people outside of us are selfish beings who carry natural talent as criminal beings wherever they go, homo homini lupus; (3) every crime has three general characteristics: (a) destructive; (b) antisocial; and (c) producing wounds that are often incurable.\",\"PeriodicalId\":304890,\"journal\":{\"name\":\"Melayunesia Law\",\"volume\":\"31 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Melayunesia Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30652/ml.v6i2.7900\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Melayunesia Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30652/ml.v6i2.7900","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Universal Character of Crime: The Mother of All Wounds That Never Healed
This article aims to contribute thoughts in response to a series of questions around general issues related to (1) crimes that involve individual humans as perpetrators, and (2) traits inherent in the structure of every crime. The method that guides this work in formulating a comprehensive vision of truth is “conceptual analysis”. The author, therefore, will strip and decipher the standard concepts of crime down to their most elementary units. All data that is qualified to be processed analytically-conceptually is bibliographical (electronic and manual) data. The data collection stage is guided by keywords. Results: (1) Crime is an intersubjective activity. Every behavior can be qualified as evil/criminal as long as the element of dolus malus has been fulfilled, or at least, it expresses a shape of indifference from the perpetrator that can harm the soul, body, and property of others (culpa). There is no other definition beyond this which will be more significant in showing its normative-juridical and socio-juridical character. (2) everyone can become evil as long as there are: (a) potential victims; (b) mens rea, and (c) opportunity. The reason: we are creatures endowed by God with the skills to (a) defend ourselves and (b) project a better life in the future. Whoever the person is, one day may become an easy target in the act of violence because basically, people outside of us are selfish beings who carry natural talent as criminal beings wherever they go, homo homini lupus; (3) every crime has three general characteristics: (a) destructive; (b) antisocial; and (c) producing wounds that are often incurable.