soxumis saxelmwifo universiteti

ALEXANDER GIORGIDZERESTRICTED AMENABILITY AND CULPABILITYThe article is devoted to the study of interrelation between restrictedamenability and culpability. To begin with, the author analyses themain theories of culpability and gives his critical view on them. In hisopinion the normative theory is exceptionally acceptable since it involvesassessment which is most decisive for guilt. An action may be consideredamenable only if it is reprehensible, i.e. the magistrate estimates it as reprehensible.The article gives a survey of the Soviet period literature andthe author does not comply with the view of the scientists that there is noimmediate link between restricted amenability and guilt. In his opinionthere is an immediate link between limited (restricted) amenability andguilt, as restricted amenability affects and lowers the degree if guilt. Theauthor shares the German and Austrian scientists’ point of view on thegiven problems who point out that limited amenability implies decreasedguilt. Thus, limited amenability is a mitigated condition for guilt and isdirectly connected with guilt and its degree. It is concluded that limitedamenability does not affect injustice and its degree because injustice is anobjective category whereas guilt is a personal one.660