基于海德格尔真理理论的成文法和普通法管辖下的模范刑法典谋杀有效性测量

IF 0.5 4区 社会学 Q3 LAW
Z. Llarena
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引用次数: 0

摘要

目的:海德格尔的真理哲学是对罪化的批判性启示。由于人的相互作用的观念不能外推到求知的存在,真理的观念一直是学院派艺术之间的一系列争论。因此,根据成文法和普通法管辖的谋杀,有关杀人类型的证据法,例如谋杀程度,具有评估其受《示范刑法典》处罚的刑事犯罪的严重程度的要素。虽然几个世纪过去了,但对这些问题的透彻阐述导致了一些问题的发展,比如“谋杀的哪些要素对非法犯罪至关重要?”,“关于法律文书的准确副本的争论是什么?”或“必须有哪些事实才能使谋杀犯罪行为的测量的有效性成为必要?”,是成为的工具。方法论:这篇文章断言,当真理的概念,即所谓的真理(揭露),被应用于刑法时,这种真理的特征必然会产生三种影响。第一,真神论并不局限于命题,而命题的结果是发现了它描绘“在世界的存在”的各种形式。其次,真理的概念不仅涉及语言和思想的物质,还涉及事实材料的暴露。最后,真理同时揭示和隐藏计划的场合,不断讨论真理总是一个形成的过程,一系列回归的存在。研究发现:在刑法下,每一次关于谋杀真相的讨论都倾向于产生另一个复杂的哲学问题。三个例外的真理原则,即对应、连贯和实用理论,被认为不足以解决由于存在问题而提到的事实证明问题。推荐:海德格尔的理论建议我们必须依靠古希腊的“不隐蔽性”概念。在此基础上,本文运用批判性评估揭示真理的概念,以构成海德格尔观点和司法判决的谋杀犯罪的事实证明为基础寻求正义。海德格尔的真理被设计为Dasein(存在)作为存在。哲学家相信真理的存在,是因为真理的存在被揭露了,因此,澳大利亚法律体系是基于法律理论制定法律的共同基础,作为立法框架,优先于宪法,适用其法律实践和监管政策,在将海德格尔的批判性评估应用于其他基于货币成功的政治议程的比较法方面,为宪法差距的修正设定了和谐。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Validity Measurement of Murder using Model Penal Code of Statutory Codes and Common Law Jurisdiction based on Heidegger’s Theory of Truth
Purpose: Heidegger’s philosophy of truth is a critical revelation concerning criminalization. The idea of truth has been a long series of debates among scholastic artworks since the idea of man’s interactions cannot be extrapolated to knowledge-seeking existence. Hence, evidence law, pertaining to types of killings, such as degrees of murder, with depraved heart killings of another, based on statutory codes and murder from common law jurisdiction, have elements for evaluation of its severity of criminal offense subject to punishment based on Model Penal Code. Although centuries have passed, erudite articulation of these issues led to development of questions, like ‘what are the elements of murder crucial for unlawful perpetration?’, ‘what are the arguments concerning exact copy of legal instruments?’ or ‘what must be the facts needed to make it essential for validity of measurement concerning crime perpetration of murder?’, for tools of becoming. Methodology: This article asserts that when the concept of truth, known as Aletheia (disclosure), is applied to criminal law, there must be three repercussions for this truth characterization. First, Aletheia is not restricted to propositions resulting to discovery of its various forms depicting Being-in-the-World. Second, the idea of truth does not only involve a substance for language and thought, but also exposure of factual materials. Lastly, Aletheia simultaneously reveals, and hides planned occasions constantly discussing that the truth is always a becoming process, a series of returning existence. Findings: Every discussion of truth in murder, under criminal law, has the tendency to create another intricate philosophical issue. The three exceptional principles of truth, namely, correspondence, coherence, and pragmatic theories, are deemed to be inadequate in resolving the questions on proof of facts as mentioned due to issue of existence. Recommendation: The theory of Heidegger suggests that we must rely on ancient Greek concept of ‘unconcealment.’ Upon this validation, this paper applies critical assessment to reveal the concept of truth, seeking justice based on proof of facts involving crime perpetration of murder constituting Heidegger’s opinions and judicial decisions. Heidegger’s truth is designed to Dasein (existence) as for being. The philosopher believes in the existence of truth due to exposure of its existence, hence, the Australian Legal System serves as the common ground in formulating laws based on legal theories as legislative framework pre-emptive to constitutional law towards application of its legal practice and regulatory policies to be in harmony set for amendments of constitutional gaps in terms of applying the critical assessment of Heidegger to other comparative laws based on political agendas for monetary success.  
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来源期刊
CiteScore
0.80
自引率
16.70%
发文量
8
期刊介绍: desde Enero 2004 Último Numero: Octubre 2008 AJLM will solicit blind comments from expert peer reviewers, including faculty members of our editorial board, as well as from other preeminent health law and public policy academics and professionals from across the country and around the world.
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