Contemporary criminology development trends and the criminal law doctrine
Journal Title: Юридические науки и образование - Year 2019, Vol 59, Issue 59
Abstract
It is considered the interaction issues between the institutional approach in contemporary criminology and the criminal law doctrine. The author concludes that it is necessary to consistently reconsider a number of positions in theoretical criminology (criminality of a subject, institutionalization of law abuse, criminology of culture) with the purpose of incorporating them in the criminal law doctrine and suggests directions and trends of criminal law policy that would take into account the post-modernist ideology of the new society. Speaking about the prospects for the increment of criminological knowledge, we have to admit that in modern conditions the norm of mass anomie entails the normative nature and normality of criminal practices and the criminal lifestyle. A content of the modern understanding of the subject of criminology does not take into account the specifics of the implementation and interaction of legal and social phenomena, which is why it looks extremely vague. The formation of a model for analyzing the relationship of the systems “legal behaviour - abuse of right - crime” at various levels of social interaction will allow answering the question about the fate and development prospects of modern criminology and its subject matter. In a simplified form, the task of a modern criminologist is reduced to posing and solving a problem in terms of analyzing why people do not commit crimes, and not why they commit them. Such approach is dictated, first of all, by particularities of the modern social development, when abuse of a law and offence are become as a norm in society, torn apart by contradictions of systemic political, economic and social nature. Addressing of criminologists to qualitative methods of analysis instead of attempts to identify statistically significant patterns can play a large role in shaping the scientific apparatus of the future theory of the causes of crime. Although, for the sake of objectivity, from universalism in its current understanding should be gave up. Under criminal practice is understood the border deviant activity of a subject (subjects) of social relationships, which at certain conditions can be visualized as crime. If today we perceive the normal course of development of social relations through an analysis of the state of disorder in legal life („legal chaos‟), extreme unpredictability and instability of its manifestations, we prove that offense and crime, some of its types and manifestations have their own internal order, their „normality‟. Such a „normality‟ of the existence of crime, as well as other deviations, allows us to speak not about the patterns of its development, but about trends that more or less reflect the process of interaction of law-abiding behavior, abuse of law and crimes and social reaction to them as a whole within the framework of a sustainable system and in separate subsystem manifestations.
Authors and Affiliations
Vyacheslav Tulyakov
Keywords
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- EP ID EP595888
- DOI 10.25108/2304-1730-1749.iolr.2019.59.245-280
- Views 86
- Downloads 0
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