Terrorism and paradigm of compared criminal law

• Author: Ioana Raluca Rusu
• Position: Doctoral School of Law The Police Academy 'Alexandru Ioan Cuza', Bucharest, Romania
• Pages: 76-81

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2017), pp. 76-81

76

TERRORISM AND PARADIGM OF COMPARED CRIMINAL LAW

I.R. RUSU

Ioana Raluca RUSU

Doctoral School of Law

The Police Academy “Alexandru Ioan Cuza”, Bucharest, Romania

*Correspondence: Ioana Raluca Rusu, The Police Academy “Alexandru Ioan Cuza”, Aleea

Privighetorilor 1-3, Bucharest 014031, Romania

E-mail: rusuioanaraluca@yahoo.co.uk

ABSTRACT

The article is trying to briefly and generally present the philosophic and sociologic

conceptions about paradigms regardless if these have been elaborated by specialists in the

field of criminal law and how the influence of paradigm analyzed (paradigm of compared

criminal law) reflects on terrorism by emphasizing the fact that a paradigm appears in the

context of substituting the former ideas and acceptance without reserves of new.

KEYWORDS: paradigm, compared criminal law, terrorism, foreign fighter, lone wolf.

INTRODUCTION

A paradigm of compared criminal law in a field so difficult to approach, that of terrorism,

appeared in the context of confrontation of ideologies in contradiction, confrontation of

confessional perceptions and more recently of crisis of migrants came from Asia coinciding

with the transformations determined by the concepts of ”foreign fighter” and ”lone wolf”

which currently seem to merge and which have revealed extremely brutal a new side of

terrorism and the need to explain new legislative interpretations and wishing that criminal

branch is perceived as an antagonist contradiction, but positively, by the fact that old elements

and out of use ideas which no longer answer to current requisites are substituted by new

components and notions, resulting thus improvement and development of the process of

prevention and fight against terrorist threat.

I. BRIEF HISTORY

“The determination and causality of phenomenon was and still is organized around five big

paradigms, mainly when the object of study is the violence of movements and groups not

directed by state”.

1

Consequently, the paradigms of a system where chaos is present, are manifested and influence

the system, including in case of terrorism such as the paradigm of crisis, instrumental

paradigm, cultural paradigm, ideological paradigm, social paradigm, have been dealt with by

philosophers, sociologists and other specialists in their works but a paradigm of compared

criminal law from the perspective of prevention and combating terrorism has not been

approached up to present.

In the vision of Thomas Samuel Kuhn, the paradigm is the exponent of a complex system

combining technical, economic and socio-human concepts with a view to integrate the

1

Gheorghe Arădăvoaice, Dumitru Iliescu, Laurențiu Dan Niță, Terorism, antiterorism, contraterorism – Istoric,

actualitate, perspective, “Antet” Publishing House, Bucharest, 1997, p. 36.