Tracing the Logic Fallacy in Formulating the Norms of “Everyone” and Its Application to Criminal Actions Committed by Corporations

DOI

10.2991/assehr.k.201209.318How to use a DOI?

Keywords

Fallacy, Logic, Legal Subjects, Corporations, Criminal

Abstract

Law, as science at an epistemological level, of course, has been constructed based on thinking and reasoning, which is subject to scientific logic. Thus, scientific reasoning has a systematic, sequential, and logical pattern. However, a model of legal reasoning will find its articulation in the legislative process. In several criminal legislation outside the Criminal Code, the argument appears from a thought that simplifies the concept of “corporation” into the legal norm of “Everyone” by equating it with humans (persoon). Based on this, the researcher proposes the problem formulation as a limitation, namely “What fallacy model is contained in the legal norms of” Everyone “in criminal law? This study uses a normative juridical method based on secondary data through literature studies with a philosophical approach, conceptual approach, and case approach. This study aims to reveal the existence of fallacy in the formulation of legal norms of “Everyone”, which results in generalizations on the criminal responsibility model related to the legal subject (norm address) of a criminal act that occurs.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Panca Sarjana Putra
AU  - Muhammad Imanuddin
PY  - 2020
DA  - 2020/12/14
TI  - Tracing the Logic Fallacy in Formulating the Norms of “Everyone” and Its Application to Criminal Actions Committed by Corporations
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 395
EP  - 400
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.318
DO  - 10.2991/assehr.k.201209.318
ID  - Putra2020
ER  -