Krytyka Prawa. Niezależne Studia nad Prawem

Determinants of the Object of Protection of the Crime of Desecration of a Corpse and a Grave and Defamation of a Deceased Person

Najman, Michał Tadeusz

University of Lodz

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Abstract

The article deals with the essence of the object of crime protection, as well as its genesis and conditions as exemplified by crimes against the honour of deceased people in selected countries. It has been hypothesised that factors such as religion, political system, historical and cultural conditions, geographical location, social system (social development) and the wealth of society influence the definition of the subject of the investigated crimes. The purpose of the work is also to indicate how the legislator creates a good legally protected in the event of a crime. On the one hand, these considerations have a purely linguistic and logical basis, i.e. an attempt is made to answer the question why we create names in relation to abstract objects, i.e. not having a real designation. The research hypothesis is that the object of protection remains only a linguistic entity created to justify the punishment of certain behaviours (and other needs), while it is possible to name the same value or phenomenon in different ways.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 13 
Issue 3 
Issue date 10/2021 
Type Article 
Language eng
Pagination 241–254
DOI 10.7206/kp.2080-1084.483
ISSN 2080-1084
eISSN 2450-7938