The article deals initially with the relationship between the body and the soul or rather mental phenomena, for the soul as a metaphysical entity does not exist in objective and subjective world (what does exist is the concrete, continually changing stream of subjective experiences being something that is the most real for every person, although modem science still cannot explain how our consciousness emerges from the brain and what are its biological functions). Moreover, the existence of etemal, individual, immortal soul cannot be explained with the Darwinian theory of evolution. The soul, as the exclusive gift given to the humans by the God, exists only in the religious perspective, i.e. as "solely" intersubjective, in the collective imagination and communication established and reproduced reality, still influencing thoughts and actions of considerable number of people (not only believers ). Results of contemporary life science s shake and tear up also the belief in free will and existence of one single, individual, authentic (or "true") self which is in the perspective of liberal humanism (as dominant ideology) the most important source of meaning, economic decisions, and moral, political and legal judgements. The central part of the article deals with various cultural "constructions" of human mind and their influence on the organisation of social control, execution of power, and justifications of hierarchies (that are at first almost always imagined, but in the course of time they become more and more empirical and ossified: just as sinister self- fulfilling prophecies existing until they are not questioned by the political struggles of supposedly inferior, exploited, and oppressed human beings, that is by successful rebellions that are surprisingly quite rare historical events). ln that regard, we pay special attention to various meanings of the emotionally much burdened word "freedom" (or "liberty"). The final part of the article focuses on troubled, disturbed, pathological and normal mental phenomena, particularly in connection with violent behaviour and coping with the "all too human" problem of divers forms of suffering, as (probably not abolishable) sorrow being not just the effect of some sort of bad luck, evil destiny or bad constellation of stars and planets, but of the bare fact that you are alive and as a subject captured in the live organism and its natural urges, needs and mechanisms. What is more, these inevitable sources of human suffering are accompanied by socially, culturally and interpersonally generated woe. Boldly put: human existence equals psychic troubles. Nowadays, people try to "solve" this hard problem mainly by means of commercial (consumer) goods and services (that promise much desired experience of pleasant feelings and eo ipso happiness), and by medical and (Iegal and illegal) drugs that directly change biochemical system of individuals. Yet, that has considerable effects on crime. Namelv. most criminal behaviour is directlv or indirectlv connected to the human aspiration after happiness, i.e. striving after pleasant feelings and ntolerance to unpleasant ones.
COBISS.SI-ID: 2021198
In the growing debate on the ˝need to increase the efficiency of our criminal procedure˝ the framework of discussion creates conceptual confusion by mixing the concepts of effectiveness and efficiency. Any specific criminal procedure code can be assessed in relation to its legal effectiveness, i. e. whether it reaches its legal goals or not. In addition it can be evaluated in relation to how efficiently it reaches its goals. No particular criminal procedure or criminal procedure type can be declared to be more effective than the other because particular criminal procedures (types) pursue more or less different goals. These goals are reflected in code specific value decisions reached by the legislator in the legislative process. These value decisions many times come in the form of compromises and trade-offs. Because these value judgements compose more or less different legislative goals, we cannot say that any criminal procedure code is in principle more effective or more efficient. In practice the deliberate or careless confusing of the notions of effectiveness and efficiency of criminal procedure hides the real political, non-value-neutral dilemmas that are at stake in law making and its implementation.
COBISS.SI-ID: 2021966