The chapter analyses the issue of legitimacy in punishment in general, but it also includes elements that are pertinent to informal and formal punishment of children in the school system. The question of legitimacy of punishment on the one hand covers the philosophical-ethical component (the immanent legitimacy of the system), and on the other hand the perceptual component (how legitimacy of the system is perceived). The latter is most relevant for administering educational measures in the school system, since an understanding and acceptance of the purpose of the measure represents the assumption on the basis of which it can be effective in the first place.
COBISS.SI-ID: 3137002
The author analyses the idea of positive general prevention, which has become a leading theory of punishment in several legal systems, most notably the ones within Germanic legal circles. Positive general prevention is used as an umbrella term covering a variety of different effects of punishment (consolidation of confidence in the legal order, the moral-educational effect, and satisfying the public), which should, in the long run prevent crime. The main hypothesis of this paper is that the effectiveness of positive general prevention is relatively scarce, and this hypothesis is being verified in conjunction with the theory on preventive effects of ignorance and by reviewing relevant empirical research. In the conclusion, it is argued that positive general prevention is indisputably effective at the ˝all or nothing˝ level (with the complete elimination of sanctioning there would certainly be more crime), while preventive effects of making legal punishments harsher, are very limited. A specific problem of positive general prevention is that it can quickly become universal and a relatively cheap rhetorical device in the struggle for new incriminations, raising penalties and more severe penal policies, or for the apology of criminal law, as it is. The author analyses understanding of punishment that tries to reconcile utilitarian and expressive functions of punishment. Such understanding of punishment does not affect the legal punishment only, but reflects the punishment as social institution. The author shows that positive general prevention has recently gained popularity and is usually deemed to be a more progressive idea than negative general prevention. At the same time the author points out the shadow sides of unreflected acceptance of positive general prevention, especially the danger of apologetic acceptance of social norms, such as they are.
COBISS.SI-ID: 1908046
The chapter describes in detail the juvenile justice system in Slovenia which is in turn compared to different systems in the world. Children entering the juvenile justice system represent the peak of troubled children, whose problems often start and reflect on their school academic and societal performance. The book is a new edition of one of the most notable comparative studies in juvenile justice and is a main source for studying these issues.
COBISS.SI-ID: 1962574
2008/913/JHA by using all available options to define hate speech as narrowly as possible in order to allow a wide scope of the freedom of expression. The paper concludes by claiming that the combination of an extremely narrow definition of “hate speech in a narrow sense” in the Article 297 of the KZ-1 and factually and legally wrong interpretation of the Article leads to denial of the constitutional protections as stipulated in the Article 63 of the Constitution of the Republic of Slovenia.
COBISS.SI-ID: 1972814
Bullying is a phenomenon which exist in every school. Available research on the scale of bullying in Slovenia shows that approximately 20 % of children get bullied, while about 9 % of children are violent towards peers themselves. Risk factors of bullying on individual and societal levels are numerous, tha latter including domestic violence, and studies show a correlation between experience of domestic violence and violent bahaviour towards peers. This link was also demonstrated in our previous study which included 271 pupils from 6th to 9th grade. Three questionnaires were utilized: 1) the Scale of aggression for students (AG-UD), 2) the Family scale, and 3) the Bullying in school scale (LMNŠ). The results confirm that pupils who experience domestic violence are more likely to report destroying things, making threats, disseminating rumours about others online, report purposefully destroying friendships among peers, hitting or kicking peers, and forcing peers into doing something against their will, that are their peers. Results also indicate that the more family members of pupils understood each other and spent time together, the less aggressive bahaviour was reported by them. This underlines the fact that before designing programs to deal with bullying, we must first understand how school and family life together form the identity of the bully.
COBISS.SI-ID: 3500266