The main idea of the authors is that the factors reducing the level of criminogenic threats in the society include the work of governmental and public organizations aimed at the resocialization of certain categories of people. The authors present a classification of people in need of resocialization and single out specific categories of those of them who pose a potential threat to law and order, and who are most difficult to resocialize, to be prevented from repeat involvement in criminal activities. In this article, resocialization is understood as a targeted impact on persons released from places of incarceration, as well as those having lawbreaking mentality and dangerous, potentially criminogenic and harmful habits (addictions) with the purpose of involving them in normal life as full members of the society. Using the experience of the United States and the United Kingdom, the authors demonstrate a wide range of possible approaches to resocialization programs, and give an overview of various organizational forms and methods of working with people demonstrating anti-social mindset in the past or deviant behavior in the present. They highlight the prevention measures used for juveniles and trace the connections between the reduction in the crime level and the application of measures to resocialize delinquent groups or other categories of people who pose a potential threat to law and order. The authors also draw attention to the fact that volunteer participation of healthy members of society in resocialization contributes to the success of this work, while state-organized measures alone cannot ensure the reformation and rehabilitation of morally sick persons. The authors believe that studying international experience could be useful both for Russian research and for practical work in the sphere of preventing legal offences in general and repeat crimes in particular.
This article touches upon the worldview basis of European identity in legal area. So it explores the issue of relationship between Western legal tradition and new European culture in the totality of it's multiform manifestations. Identification of this relationship gives us an opportunity to understand the character and reasons of the Western Legal Tradition crisis phenomena. It emphasizes the indissoluble connection between those phenomena and the global cultural processes, mainly the collapse of the former world view paradigm and formation of a new value system. The article also introduces a brief review of the development milestones of the 19th century philosophy, which were indicative of the start of revision of the major premises of the new European world view and the corresponding picture of the world. It is stated that there is an interconnection between those cultural processes and the crisis phenomena in legal consciousness, which started to take effect in the period of study and are thus seen as one of the manifestations of a deeper crisis in the new European world view fundamentals themselves. Besides, the article represents a review of a series of the legal concepts established by Russian authors in the first half of the 20th century, with common interest in the problem of legal consciousness during the crisis of European legal tradition.
The article explores the role and meaning of custom and reason (jôri) in the system of sources of Japanese law in the Meiji Era. It defines the characteristics of the introduction of Western concepts of custom and customary law into Japanese legal circulation. The focus is on studying the provisions of the Dajōkan Decree no. 103 dated 8 June 1875, which was a key milestone in the regulation of sources of Japanese law in the modern age. The Decree no. 103 established new rules for the administration of justice in civil and criminal cases before Japanese courts. In the context of studying the decree, the article provides an overview of the main comments made by Japanese academics on the preconditions for the emergence of Article 3 of this legal document. Article 3 of the Dajōkan Decree is noteworthy in that it formalised the hierarchy of sources of Japanese private law for the first time, defining custom and reason (jôri) as optional sources of law used by the court in the case of a gap in positive law. From this point of view, Article 3 of the decree was the historical predecessor of the famous Article 1 of the 1907 Swiss Civil Code. In the article, it was also found that the inspiration for Article 3 of the Decree no. 103 was the outstanding French comparator Gustave Boissonade de Fontarabie, who came to Japan in 1873 at the invitation of the Meiji government to help the Japanese modernise their national legal system. With unconditional respect in his host country, Professor Boissonade became an active promoter of the ideas and principles of French law in the Japanese archipelago. Despite the fact that the draft Civil Code prepared by Boissonade has never entered into force, it has been actively used in practice by Japanese courts as “written reason and justice”. With the adoption of the new Japanese Civil Code in 1898, the influence of the Boissonade draft as an optional source of law effectively ceased. However, many of the provisions of the Boissonade Code found their way into the structure of the new Civil Code, so that Japanese courts could now use them as norms of positive law in force. Acknowledgments: The reported study was funded by RFBR, project number 20-011-00034 “Legal views of Gustave Boissonade de Fontarabie and the reception of French law in Japan”.
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