犯罪的普遍特征:永不愈合的创伤之母

Herman Bakir
{"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}
引用次数: 0

摘要

本文旨在对一系列与以下问题相关的一般性问题提供一些想法:(1)涉及个人作为犯罪者的犯罪,以及(2)每一种犯罪结构的固有特征。指导这项工作形成对真理的全面认识的方法是“概念分析”。因此,作者将剥去并解读犯罪的标准概念,直至其最基本的单位。所有有资格进行分析-概念处理的数据都是书目(电子和手动)数据。数据收集阶段以关键词为指导。结果:(1)犯罪是一种主体间活动。任何行为都可以被定义为邪恶/犯罪,只要dolus malus的元素已经实现,或者至少,它表达了犯罪者可能伤害他人灵魂,身体和财产的冷漠形式(culpa)。除此之外,没有其他定义在显示其规范-法律和社会-法律特征方面更为重要。(2)只要存在:(a)潜在的受害者;(b)意图;及(c)机会。原因是:我们是上帝赋予的生物,有能力(a)保护自己,(b)规划未来更美好的生活。无论这个人是谁,总有一天会成为暴力行为的目标因为基本上,我们之外的人都是自私的人,无论他们走到哪里都有犯罪的天赋,人类狼疮;(3)每一种犯罪都具有三个一般特征:(a)破坏性;(b)反社会;(c)造成无法治愈的伤口。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信