Νόμος, Κοινωνία και Έγκλημα: Οι δικαστικές υποθέσεις στο νομό Ηλείας, 1938-1949
Date Issued
June 5, 2024
Type
Διδακτορική Διατριβή
Abstract
Fundamental objects of research and study are throughout the scope of the present analysis the crime, as an individual biosocial event, its active persons i.e. the criminal (perpetrator) and the victim (passer) as individual personalities with social action, the criminality as a universal social phenomenon of the antisocial behavior but also the phenomenology of the legal regulation of crime, mainly based on the provisions of the Criminal Law. The attempt to historiographical capture the empirical application of the rules of criminal law finds the argument that the law itself can be characterized as a social phenomenon. In the context of political and social reform towards a modern urban state, the application of justice indicates the cultural evolution of the modernizing Greek society according to the legal systems of European countries. The inflexible customary law of traditional Greek society that "took justice into its own hands" is giving way to Europeanized models of the operation of public law that avoid strict imputations. The legislative practice as formulated in the provisions of the court documents, follows modernity, introducing the principles of European legal citizenship. It addresses, however, a mostly rural society that has learned to follow its own rules of survival. The contentious cases of many judicial orders bring to the surface, the individuality of the local society. It is essentially a "divided" society, characterized by small ownership, limited entrepreneurship, and the inadequacy of state functions. It is the conditions that foster a creeping competition for survival. Narrowness in the household economy facilitates a slide into criminal diversion in the realm of interpersonal and financial transactions. Political instability, militarization of the state, strong policing and the subsequent sharpening of adversarial political attitudes form the constant backdrop to the country's history. Through the mediation of the law, the welfare state turns into a state - observer and punisher in the daily life of citizens even within the narrow limits of small rural settlements. Political crime is linked to criminal crime with the aim of safeguarding the moral foundations of society. The time of war upsets the given balances and releases for a large part of the population the opportunity of social disobedience to what seems compatible. Thus, a space of anarchy, due to individualism, is formed, capable of touching the limits of lawlessness in various types. The state, on the other hand, with its own terms, through its legal enactments, mandates the preservation of its institutional identity in terms of the management of crime and the protection of citizens. The appeasement of the induced resistance and anarchy and the creation of moral or conscientious incentives to all citizens (offenders and non-criminals) without exception and the saving of human resources in view of the needs of the warring country are a double pursuit for the state apparatus. To the extent that justice intervenes, by imposing punishment in the private affairs of citizens, the threat of reporting a crime functions, in a litigious society, as a means of informal interpersonal blackmail and dispute settlement based on the idea rather than the essence of the application of the law.
Subjects