The trait of particular cruelty as an evaluative trait

Abstract

Particular cruelty is a distinctive trait characterized by a complex structure, falling within the realm of evaluative, nuanced, and gradable characteristics. The primary challenge in interpretation lies in the nuanced evolution from cruelty to particular cruelty. Establishing a clear demarcation between what constitutes cruelty and what constitutes particular cruelty poses difficulties both in doctrinal examinations and in jurisprudence, primarily due to the subjectivity inherent in judgment and the ambiguity surrounding this trait. Simultaneously, the evaluative essence of particular cruelty necessitates recourse to moral norms in pursuit of maintaining objectivity.

In the field of criminal law, doctrinal studies emphasize the abstract concept of cruelty itself, while case law employs a more concreto and individualized approach. The complementary relationship between these two aspects forms the cornerstone for a thorough understanding of the concept of particular cruelty. Attempting to compile a catalog of particularly cruel behaviors proves challenging without inadvertently constraining the discretion of the court.