The History Of The Formation Of The Motive For The Crime In The Main Schools Of Criminal Law Doctrine

  • Yu.V. Leka
Keywords: motive of crime, criminal law doctrine, anthropology, sociology.

Abstract

The article substantiates the need to study the history of the origin and formation of the motive for the crime in the main schools of criminal law doctrine. The term «motive» originated long before it became the subject of research by scholars of criminal law and was introduced into current criminal law. Motive is not a purely legal term. At the beginning of his study, he was the object of study for physicians, psychologists, sociologists. Due to their experience and the need to study the motive at the legal level in connection with the growth of crime, the motive of the crime first began to be studied in jurisprudence. A large number of scientific sources of the main representatives of the classical, anthropological and socialist schools of criminal law doctrine in different countries of the world have been studied and the key points of fixing the motive of the crime in the outstanding works of scientists have been analyzed. In the works of these scholars investigate the motive of the crime, taking into account the basic postulates of the schools to which they belonged. Scientific developments of representatives of the main schools of criminal law doctrine on the motive of the crime gave a significant impetus to its further study by Soviet and modern scientists. Many works devoted to the study of the motive for the crime have been published, but this issue is still not fully studied and needs further research. The importance of studying the motive of the crime at the current level of development of criminal law science is established, taking into account the complex and multifaceted nature of this term. The study of the motive of the crime and the theoretical level will greatly facilitate the work of law enforcement agencies and courts in establishing the motive in practice.

Published
2020-08-07
Section
Articles