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| L.A.W. |
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In This Article
Volume 8, issue 3
Professor Guram Natchkebia as a Criminal Law Philosophy Problems Researcher (According to the Works Published in “Philosophical Investigations” Collection)
Affiliation: Professor of Faculty of Law and Social Sciences, Batumi Shota Rustaveli State University1, Doctoral Student of the Faculty of Law, Tbilisi Ivane Javakhishvili State University 2
Abstract: This work covers the philosophical analysis of research of criminal law problems according to the works published in “Philosophical Quests” Collection of the Academy of Philosophic Sciences of Georgia by one of the modern prominent representatives of Georgian jurisprudence, Professor Guram Natchebia. Namely, it covers the philosophical problems of crime as deny of law, its concept-forming categories, deliberate crime as the idea and basis of value error and criminal relations, boundary categories of guilt and axiological aspects of law. Special attention is paid to attitude to criminal responsibility, as any concrete obligation, not person’s obligation, what allows foundation of positive responsibility idea; analysis of guilt and irresponsibility as the synonymic notions, presentation of the basic categories of general theory of law: “composition of act” and “illegality” and the social philosophy category of “guilt”; consideration of guilt as phenomenon on the boundary of psychic and normative and its boundary categories (responsibility with its positive and negative aspects; freedom; cause and effect; quantitative and qualitative; legal relations; moral; sense of responsibility; conscience); Taking of the categories of “illegality of action” and person’s “guilt” out of the descriptive consideration structure for foundation of the normative notion of guilt and their announcement as evaluative, axiological categories, as opposed to the category of “composition of act”, as a gnoseological category. It is demonstrated that Professor Guram Natchkebia’s works cover both general principles of philosophy of law and philosophic matters of the general categories of law. Contribution of Professor Guram Natchkebia to development of Georgian legal philosophy in general and namely, of the Georgian criminal law philosophy is assessed.
Keywords: Guram Natchkebia, Positive Responsibility, Irresponsibility, World-view error
Language: GE
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BIBLIOGRAPHY:
- Natchkebia G., (1999). Hegel about Nature of Crime, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N3
- Natchkebia G., (2000). On the Issue of Determination of Category of Responsibility, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N4
- Natchkebia G., (2001). Guilt as a Philosophic Category, Guilt as a Philosophic Category, “Philosophical Investigations” Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N5
- Natchkebia G., (2007). Deliberate Crime, as World-View Error, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N11
- Natchkebia G., (2010). Deontic Logics and Legal Space Problem in Criminal Law, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N14
- Natchkebia G., (2011). Crime Concept Categories Fundamentals (Methodological Problems), “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N15
- Natchkebia G., (2012). Category of Guilt in the Boundary Categories System, “Philosophical In vestigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N16
- Natchkebia G., (2014). The problem of Correlation of Content and Wrongfulness of Act in Criminal Legislation, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N18
- Natchkebia G., (2015). Should a Lawyer Plunge into Philosophy or not? “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, N19
- Hegel G.W.F., (1962). Science of Logics, Tbilisი
Notes:
- Valedictory of the Presidium of the Academy of Philosophic Sciences of Georgia to Guram Natchkebia, (2018), “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N22, p. 391
- 2.Professor Guram Natchkebia covered the problems of legal philosophy in the other periodicals and works as well (please, find, Guram Natchkebia, the Problem of Correlation of “Act” and “Action” according to Criminal Law Philosophy / Lawyer, 2017, #3; Guram Natchkebia, About Analogical Signs of Arts and Law / Festschrift dedicated to 70th anniversary of Prof. Givi Intskirveli, Tbilisi, 1996; Guram Natchkebia, Some Methodological Problems of Correlation of Rightness and Wrongness According to Criminal Law, Justice and Law, 2017, #2; Guram Natchkebia, Subject of Criminal Law, Tbilisi, 1997; Guram Natchkebia, Guilt, as a Category of Social Philosophy, Tbilisi, 2011, etc
- G.W.F. Hegel, (1962), Science of Logics, Tbilisi, Soviet Georgia, p. 364
- G,Natchkebia (1999), Hegel about Nature of Crime, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N3, p. 205
- G.Natchkebia, (2000), On the Issue of Determination of Category of Responsibility, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N4, p.131
- ibid., p. 134
- ibid., p. 139
- G.Natchkebia, (2001), Guilt as a Philosophic Category, Guilt as a Philosophic Category, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N5, p.119
- ibid., p. 121
- G. Natchkebia (2007), Deliberate Crime, as World-View Error, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal,N11, p. 131
- G. Natchkebia (2010), Deontic Logics and Legal Space Problem in Criminal Law, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia,Tbilisi, Universal, N14, p. 161
- ibid., p. 152
- ibid., p.161
- G.Natchkebia (2011). Crime Concept Categories Fundamentals (Methodological Problems), “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N15, p. 140
- 15.ibid., p. 45
- G.Natchkebia (2012). Category of Guilt in the Boundary Categories System, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N16, p. 56
- ibid., p. 56-57
- ibid., p. 58
- ibid., p. 57
- ibid., p.63
- 21.Please, find on this issue in details, G.Natchkebia (2015). Should a Lawyer Plunge into Philosophy or not? “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N19
- G. Natchkebia (2012), Category of Guilt in the Boundary Categories System, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N16, p. 59, 72
- ibid., p. 74
- 24.G.Natchkebia (2014) The problem of Correlation of Content and Wrongfulness of Act in Criminal Legislation, “Philosophical Investigations”, Collection of the Academy of Philosophic Sciences of Georgia, Tbilisi, Universal, N18, p.62
- ibid., p. 69
- ibid., p. 74
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