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Consent And Obvious Vulnerability

Author

Listed:
  • Tudor AVRIGEANU

    (Dr. iur., M. iur. comp. (Bonn), Bucharest. Researcher, Centre for Legal, Economic and Socio-Administrative Studies, “Nicolae Titulescu” University, Bucharest, ROMANIA.)

Abstract

While the penal codes includes certain offences that one may regard as falling under the species of „crimen natural” (e.g. homicide or theft), human trafficking is conceivable as crime only in the framework of the Modern social order. In the same time, the criminalization itself, as it presents itself exemplary in the new Romanian penal code, shows the limits of the legal paradigm, that departs from the (extreme) vulnerability of the human individuals, forced by their own reason to submit themselves under an authority, whose exercise is legitimated by their own consent.

Suggested Citation

  • Tudor AVRIGEANU, 2012. "Consent And Obvious Vulnerability," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 50, pages 40-51, December.
  • Handle: RePEc:pmu:cjurid:v:50:y:2012:p:40-51
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj12/recjurid123_3F.pdf
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    More about this item

    Keywords

    human trafficking; consent; Romanian criminal Code; criminal or non-criminal nature of some offences;

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K19 - Law and Economics - - Basic Areas of Law - - - Other

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