ДИСКРЕЦИОННАТА ВЛАСТ НА НАКАЗАТЕЛНИЯ СЪДИЯ. УТИЛИТАРИЗЪМ И РЕТРИБУТИВИЗЪМ
DISCRETION OF PENAL JUDGES. UTILITARISM AND RETRIBUTIVISM
Author(s): Tencho KolevSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: discretionary power; justice; utilitarianism and retributivism; civil procedure; crimi-nal procedure
Summary/Abstract: This article presents a part of the larger problem of the discretionary power in general. According to the author discretionary power "est scrire per legem quid sit justum" - is to know what is fair in terms of law. The reader can identify the difference between the discretionary power of a civil judge and the same power of a criminal judge and the difference between the utilitarianism and the retributivism.
Journal: IUS ROMANUM
- Issue Year: 2015
- Issue No: 2
- Page Range: 836-854
- Page Count: 19
- Language: Bulgarian
