Theory of Crime and Punishment
Theory of Crime
What distinguishes a criminal offense from a civil one?
- In civil law, the characteristic feature is the damage caused.
- In criminal law, the defining element is the typicality of the conduct. The conduct must be specifically described in law to constitute a criminal offense. Harm is not always required, as seen in offenses like drunk driving, which is considered dangerous regardless of whether it results in an accident.
Penalties in Criminal Law
The penalties in our criminal code are primarily
Read MoreUnderstanding Recklessness, Negligence, and Criminal Liability
Lesson 9: Recklessness and Negligence
1. Components of Recklessness
Recklessness involves two essential components:
- Objective Recklessness:
- Breach of duty of care (general and individual).
- Producing a material result.
- Objective imputation: the link between the breach of duty and the outcome.
- Subjective Recklessness: The subject intended the conduct but not the outcome.
2. Classes of Recklessness
The Criminal Code differentiates recklessness based on severity:
- Negligence (culpa lata): Comparable to recklessness,
Employment Contracts: Mobility, Suspension, Termination & Dismissal
Functional and Geographic Mobility
Functional Mobility
The worker performs specific work activities within the company.
Geographic Mobility
For economic, technical, organizational, or production reasons, a worker may be transferred to a new workplace, potentially requiring a change of residence.
Permanent Transfer
- The transfer is permanent.
- The company must notify the employee at least 30 days prior. The employee can then choose to:
- Terminate the contract and receive compensation (20 days’ wages per year
Locke and Descartes: Key Concepts
State of Nature
A situation in which individuals exist before forming a civil society through a social contract. In this state, they are governed by natural moral law, granting them rights to life, liberty, equality, independence, and ownership, along with corresponding duties and the power to enforce the law.
Legitimate Government
The representation of the community once formed, chosen by the majority, and governing according to the public good.
Law
The rule guiding human actions. Locke distinguishes
Read MoreSpanish Parliament: Structure, Composition, and Functions
1. General Courts
1.1. Nature of the Parliament
The Spanish Parliament, representing the Spanish people and national sovereignty (Art. 66.1 CE), comprises the Congress of Deputies and the Senate. Key features include:
- Constitutional Bodies: The Congress, Senate, Crown, Government, General Council of Judicial Power, and Constitutional Court are constitutional bodies, holding a high position in the political organization.
- Bicameral Structure (Art. 66.1 CE): Both chambers participate in the legislative
A Comprehensive Guide to Legal Norms, Contracts, and Societies in Chile
Legislation Notes
The Law
Right: A set of legal rules governing life in society.
Legal Norms: These are composed of three types of rules:
- Social Norms: Mandates imposed by decorum, community, or groups (e.g., chivalry, etiquette). The penalty is social acceptance or rejection.
- Religious Rules: Precepts laid down by God. Violations are punished or rewarded in the afterlife. Unlike legal norms, sanctions apply after death.
- Moral Rules: Internal guiding principles of human behavior. Morality governs internal