A sanction ( French sanction ; from Latin sānctio , healing , recognition, confirmation, approval, threat of punishment 'to Latin sancīre ' to sanctify , to establish inviolably by consecration, to recognize, to affirm by law, to prohibit in case of punishment ') serves to establish binding force . The term has a different meaning in different sciences .
In the legal system of the monarchy , the sanction was primarily the approval of a legislative resolution of the parliament by the monarch (granting the force of law ). The monarch had the right to refuse the sanction; without it, the parliamentary resolution could not be officially published and could not come into force.
- With the consent of the two houses of the Reichsrat I find to order the following:
(In fact, the monarch was the last to sign.)
Otherwise, sanctions usually mean punitive measures threatened by law , which are aimed at preventing specific misconduct and thus enforcing legal norms . There are sanctions in both secular and ecclesiastical law ( church punishments ).
In criminal sanctions are used in accordance with the theory of criminal justice to the disturbed through the disapproved behavior legal peace restore. In addition, potential criminals should be deterred from delinquency . So sanctions also serve crime prevention here .
In international law , collective measures under Article 39ff. referred to as a sanction in the UN Charter ( UN sanction ). They require a resolution by the United Nations Security Council and a corresponding UN mandate .
Occasionally, states or alliances of states (e.g. the European Union) impose economic sanctions, for example against another state, against several states or against member states of an international organization.
According to the meaning of the word, as well as in the sociological understanding, sanctions can basically be positive or negative: A positive sanction is a - not necessarily material - "reward"; a negative sanction a “punishment”. In sociology , forms of organization of social processes are called it, see social sanction .
The sanctions are divided into six degrees of severity, for example:
- subliminal sanction: anyone who has violated a norm does not know how this violation will be received and is thus unsettled
- slight sanction: the expectation that non-compliance with the norm will be disapproved of leads to adaptation to the norm
- relatively light sanction: disapproval of the behavior is pronounced
- Relatively severe sanction: Consequences in view of the violation of the norm, such as exclusion or transfer
- severe sanction: punishment such as imprisonment or banishment
- ultimate sanction: killing
Sanctioning in taxonomy
The sanctioning protects the scientific names of mushrooms from older, homonymous homonyms and competing (differently) synonyms . To do this, the name must have been accepted by the respective author in one of the three works named in the International Code of Botanical Nomenclature . If the name of a rust - (Uredinales), fire - (Ustilaginales) or belly mushroom (Gasteromycetes) has been accepted in CH Persoons "Synopsis methodica fungorum", this name is considered to be sanctioned. For all other mushrooms, the two works “Systema mycologicum” and “Elenchus fungorum” by EM Fries are relevant.
- HLA Hart , The Concept of Law , Oxford University Press, London, 1961;
- Gerd Spittler , norm and sanction. Investigations on the sanction mechanism , Walter, Olten-Freiburg, 1967;
- Norberto Bobbio , Sanzione , Novissimo Digesto, UTET, Torino, XVI, Torino, 1969, 530-540;
- Niklas Luhmann , legal sociology , Rowohlt, Reinbek near Hamburg, 1972;
- Ota Weinberger , The concept of sanctions and the pragmatic impact of social norms , in H. Lenk, Ed., Normlogik, Verlag Documentation, Pullach near Munich, 1974, 89–111;
- Lawrence M. Friedman , The Legal System. A Social Science Perspective , Russel Sage Foundation, New York, 1975;
- Norberto Bobbio , Dalla struttura alla funzione. Nuovi studi di teoria del diritto , Comunità, Milano, 1977;
- Vilhelm Aubert , On Sanctions , in “European Yearbook in Law and Sociology”, 1977, 1-19;
- Hans Kelsen , General Theory of Norms , Manzsche Verlag and University Bookstore, Vienna, 1979;
- F. D'Agostino, Sanzione , "Enciclopedia del diritto", XLI, Giuffrè, Milano, 1989, 303-328;
- Ota Weinberger , Legal Logic , Duncker & Humblot, Berlin, 1989;
- Charles-Albert Morand, Sanction , “Archives de Philosophie du droit”, XXXV, 1990, 293-312;
- Heike Jung, Sanction Systems and Human Rights , Haupt, Bern-Stuttgart-Vienna, 1992;
- Juan Carlos Bayon, Sanction , Dictionnaire encyclopédique de théorie et de sociologie du droit, LGDJ, Paris, 1993, 536-540;
- Realino Marra, Sanzione , "Digesto delle discipline privatistiche. Sezione civile", UTET, Torino, XVIII, 1998, 153-61.
- Georges: Ausf. Latin-German. Wb. II, 2476
- sanction that. In: DWDS.de. Berlin-Brandenburg Academy of Sciences, accessed on February 16, 2019 .