Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Cultural-Anthropological Dimension of Modern Criminal Law: From Doctrine to Regulation

Author(s): Oleksandr Kozachenko, Olha Musychenko

The spread of cultural-anthropological methodology to the problems of modern criminal law enabled to formulate a new doctrinal definition of criminal law as a culturally agreed system of social freedoms focused on protecting social, material and spiritual values that are the human culture achievements and belong to a person. The proposed cultural-anthropological dimension allowed us to substantiate the appropriateness of recognition anthropodicy as a paradigm of modern criminal law. The idea of periodization of criminal law genesis was further developed with the identification of three qualitatively different periods of pre-modern, modern and postmodern, each of which is distinguished by a special role played in culture in general and criminal law in particular. The article provides different understanding of social justice as the purpose of applying criminal law which is more complicated in the context of the rule of law dominance than in the traditional understanding of the compliance between crime and punishment.

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