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The Institution of Punishment – Structural Element of Legal Responsibility


Author: Paroşanu Niculina
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2010
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution:
Scientific council:

Status

The thesis was presented on the 10 September, 2010
Approved by NCAA on the 4 November, 2010

Abstract

Adobe PDF document0.35 Mb / in romanian

Keywords

legal responsibility, legal punishment, system of punishments, state constraint, historical forms of punishment perception, essence of punishment, punishment features.

Summary

The paper`s structure comprises an Introduction, as an innitiation into the survey, three chapters, followed by the synthesis of obtained results, conclusions and recommendations, bibliography (220 titles), 198 pages of basic text, obtained results are published in 12 publications.

The survey`s domain. In this thesis paper, researches have been canalized towards the systemic analysis of the punishment phenomenon as a structural element of legal responsibility, a periodic and necessary element that manifested itself in all societies and times, attention being focused on the theoretical aspect of this phenomenon or the study of the punishment phenomenon can not be carried out without considering the theories and scientific currents that approached punishment in close connection to human nature, society and law. The survey`s goals and objects. The innovative feature of this thesis is determined both by its goal and object that covers multiple aspects, and also through the untraditional research methodology.

In this paper, punishment is analysed as a structural element of legal responsibility, as its final result. A systemic analysis of the essence and contents of punishment is carried out, as well as the genesis and evolution of this phenomenon along the history of the political/juridical thinking of our country and from abroad. Based on the analysis of a wide range of legal, conceptual and empirical sources, the author has created a legal theoretic pattern of punishment, adjusted to the practice of legal responsibility in the modern state. The scientific originality and innovation. The theoretical significance and applicative value of the paper lies in the fact that the principles and conclusions that are formulated and grounded in it complete, develop and bring concrete aspects to some sections of the theory of law and state.

The survey`s results implementation. The value of the thesis also consists of the fact that its conclusions may be used in scientific surveys for the research of the phenomena of „legal responsibility” and „legal punishment”, in teaching the General Theory of Law, the History of State and Law, the history of Law Doctrines, as well as in the development and the teaching of the special course on the Theory of Punishment.