期刊名称：AGORA International Journal of Juridical Sciences
印刷版ISSN：1843-570X
电子版ISSN：2067-7677
出版年度：2011
卷号：2011
期号：2
出版社：AGORA University Publishing House
摘要：AbstractSince the most ancient times of our civilisation, the conduct of individuals was governed by religious perception, by the punishing powerof divinities, however,along the way and over the centuries, the organizational pattern of society evolved, the sanctions being now applied by humans, for breaching lthe laws that they adopted, but which still embodied strong religious conotations. Introduction: IntroductionIn tis wide meaning, the term „sanction” refers to a spiritual or physical suffering beared by someone for provoking, at his turn, a damage or suffering – in an unjustifiable or unjust mode- to another person, thus leading to a balance, just as before the accident occured, of the aritmethics of unaffected interests of the participants from the mentioned conflict.1Juridical sanction is a creation of the law (pozitive law), a juridical institution derived (the consequence of the precept, in case it is ignored) and an instrument for achieving and reintegrating the juridical order (it gives authority to the precept and reestablishes the rule of law, by applying it).2 Conclusions: ConclusionsThe main motive for applying punishments, including legal ones was, in the beginning, the instinct of responding to violance by means of another physical violence, much stronger17, namely the feeling of vengeance of the one affected by the unjust breach of his rights. Other motives for applying punishments would be the necessity of ensuring order in the influential sphere of the mentioned community and the desire to have prevented the harmful acts from affecting the society members.18 The prescriptions of legal sanctions for certain acts were founded on religious norms, which are meant to contribute to the maintainance of social order. Even in the present divinity is invoked, as people hope, when they believe that the justice performed by our fellow men is unjust, that there is a Supreme Court, impartial, that ill judge everyone in the end. Moreover, even the act of taking an oath by the witnesses which present themselves before the judicial bodies in order to be heard has a religious connotation. References: Bibliography:Alfonso di Nola, Diavolul, chipurile, isprăvile, istoria Satanei şi prezenţa sa malefică la toate popoarele din Antichitate până astăzi, Bic All Publishing House, Bucharest, 2001;Vintilă Dongoroz, Drept penal (Treaty – retype the course from the year 1939), Romanian Academy Publishing House, Bucharest, 2000;Mircea Djuvara, Teoria generală a dreptului. Drept raţional, izvoare şi drept pozitiv, C. H. Beck Publishing House, Bucharest, 1999;George Minios, Istoria infernurilor (translation from French by Alexandra Cunita). Humanitas Publishing House, Bucharest, 1998;Mujtaba Musavi Lari Sayyid, Dumnezeu şi atributele sale, lecţii de doctrină islamică, translation by Ana Catanea and Andrei Miroiu, Argus Publishing House, 1998;George Remete, Dogmatica Ortodoxă, Orthodox Diocese Publishing House, Alba-Iulia, 1997;Costică Bulai, Manual de drept penal. Partea generală, All Publishing House, Bucharest, 1997;Constantin Pavel, Problema răului la Fericitul Augustin, Biblical and Missional Institute of the Romanian Orthodox Church Publishing House, Bucharest, 1996;Schuon Frithj, Să înţelegem islamul. Introducere în spiritualitatea lumii musulmane, Humanitas Publishing House, Bucharest 1994;Coranul (translation by Silvestru Octavian Isopescul), ETA Publishing House, Cluj-Napoca, 1992;Dimitrie Cantemir, Sistemul sau întocmirea religii muhammedane, Minerva Publishing House, Bucharest, 1977.
