The Zurich psychiatrist E. Bleuler first introduced the term schizophrenia. He also pointed out the importance of the patient-doctor relationship and underlined the role of affectivity, division and ...turning away from reality for the psychopathology of patients suffering from schizophrenia. With this he created the cornerstone on which the integrative treatment of schizophrenia rests to this day. The complex integrative course of treatment of patients suffering from paranoid schizophrenia will be showed in a specific forensic context. In forensic treatment, the legal prognosis is of central importance. A reduction in the increased risk of recidivism for criminal offences can only be achieved if the patient’s mental health is improved and stabilized.
The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and ...administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.
In this article the Constitutional Court judgments of Justice Johan Froneman are analysed with the aim of assessing his contribution to the South African law of delict. It is argued that traditional ...delict scholarship in South Africa is common-law centric in the sense that the common-law rules and principles that regulate the discipline are regarded as "delict proper" while constitutional considerations, statutes, and the customary law of injuries are effectively side-lined as "delict improper". Justice Froneman's approach to adjudicating delictual (or delict adjacent) matters has the effect of de-centring the common law's hegemony in our discipline. Instead, Froneman encourages those who work with delict to: Infuse it with constitutional spirit continuously; respect the legislature's important democratic role that should not be forced into common-law categories of thinking; take up the challenge of Africanising the common law through a healthy exchange with customary law; and see delict as a discipline that has restorative-justice potential. In this contribution, it is argued that these common law de-centring principles in Justice Froneman's delictual jurisprudence is transformative and critical in nature. As such, those seeking to merge the basic tenets of transformative constitutionalism, South African critical legal studies, and legal practice, may find great value in Froneman's delictual jurisprudence.
In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This ...paper examines the implementation of customary law regarding the violation of Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive-inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awigbut also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs".
The South African law of delict is traditionally classified as a private-law discipline. This classification is usually made with reference to the actor, power and interest theories. According to the ...actor theory, private law regulates disputes between non-state actors inter se while public law regulates disputes involving the state. The power theory maintains that private law regulates disputes between equals while public law brings equality where inequality exists. The interest theory dictates that there are some interests that are individualistic (where private law steps in) while other interests belong to the public at large (the playing field of public law). In this article honouring Prof Willemien du Plessis's contribution to legal history it is argued that none of the above traditional theories of classification can be used effectively to classify the South African law of delict as a purely private-law discipline. Instead, our law of delict fulfils a hybrid role, straddling public and private law, with much transformative potential. Actor theorists fail to account for the fact that the South African law of delict today regulates disputes between non-state actors inter see as well as the law on state liability. The power theory crumbles in the South African law of delict's private-law classification because oftentimes one of the strong reasons invoked to impose liability on a wrongdoer is that wrongdoer's position of relative power over the victim. The interest theory sheds doubtful light on the classification of the South African law of delict because it is difficult to justify how individual-rights infringements are either purely private or public. In the end, relaxing the absoluteness of the claim that the South African law of delict exclusively falls in the domain of private law could assist us in recognising the role that delict could play in transforming South African society in line with constitutional aspirations, fostering the responsible use of power, and working towards the collective wellbeing of our society.
Abstract
This article compares Grotius's treatments of liability for wrongdoing in natural law and the law of Holland to emphasise the conceptual centrality of fault in both, and places Grotius's ...analyses in their historical context by tracing the treatment of strict liability in those intellectual traditions upon which he drew. It focuses in particular on the formulation of obligations quasi ex maleficio to show how the absence of fault rendered the obligation something other than delictual.
El m. p. Vos estis lux mundi (mayo de 2019) prescribe obligaciones canónicas relacionadas con informar a las autoridades de la Iglesia sobre abusos sexuales de menores y personas vulnerables, y ...conductas relacionadas con la pornografía infantil, que sean llevadas a cabo por clérigos (incluidos cardenales, obispos y legados) y religiosos/as; y también sobre acciones de gobierno en la Iglesia que eludan o interfieran la investigación de esos hechos. Sobre la respuesta final que se dé a los mismos, se remite más bien a lo que ya esté dispuesto en el derecho de Iglesia para cada caso, pero solo la obligatoriedad acerca de la información es ya un paso importante. El texto podría requerir alguna clarificación acerca del tratamiento que haya de darse a algunos de los hechos y conductas que recoge, y habrá de ponerse en relación con la legislación estatal en materia de obligaciones de informar.
American and French law, like South African law recognises claims for emotional or mental harm. Emotional, mental, or psychological harm was only recognised by the courts in the 1800's and even ...though the mind and body in a sense is considered as a unit, these types of claims are not on par with claims for physical bodily injury. In fact, these types of claims can be regarded as sui generis but within the broader ambit of delictual or tort liability. Finding delictual or tort liability for emotional, mental or psychological harm has been problematic not only in South Africa but also in the United States of America and France. Even though there are fundamental differences in the law between these jurisdictions, the broader questions the courts face is whether a claimant is entitled to claim, the amount of damages that should be awarded and how to limit liability with these types of claims. Limiting liability for emotional or mental harm is generally the main policy concern but the courts have found ways of using the elements or concepts such as reasonable foreseeability of harm to limit the claims. American, French, and South African law recognise claims for emotional, mental or psychological harm by primary and secondary victims. Thus emotional, mental, or psychological harm caused directly or indirectly is compensable. In American and French law, the concept of reasonableness plays an important role, whether it be implicit or explicit, in determining delictual or tort liability for emotional or mental harm. In a sense also, reasonableness plays an overarching role in determing the liability. In a previous contribution, the influence of reasonableness in determining delictual or tort liability for psychiatric or psychological harm in English and South African law was discussed. In this contribution, the focus is on the influence of reasonableness in determining delictual or tort liability for emotional or mental harm in American and French law.
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