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The Congress of Visegrád in 1335

Author(s): György Rácz / Language(s): English Issue: 2/2015

The article deals with the organisational aspects of the Congress of the Czech, Hungarian and Polish Kings in Visegrad in 1335. The introduction focuses on the sources of this research. The first substantive chapter deals with the political and logistical aspects for the choice of the location for the Congress and then with the main points of the negotiations. Significant part of the article is dedicated to the previous history of the Congress and to the organizational details. The readers can obtain a lot of information about the number of participants and about their social-cultural life during the Congress. Very interesting part of the article deals with the kind of official gifts and with the question of how much did the participants eat and drink. The article is a very important introduction to the every days life of the medieval Congresses and political summits of high ranks.

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The Novelty of the Utrecht Peace Settlement (1713)

Author(s): Endre Sashalmi / Language(s): English Issue: 2/2015

This article argues that the modern European states system came into being not with Westphalia(1648) but as a result of the Utrecht Peace Settlement (1713). Besides summarizingrecent revisionist scholarship on the nature of the ’Westphalian order’, the author tries toenlist the new features of the Utrecht Settlement which he considers the real turning pointin the European inter-dynastic relations. He relies not only on written primary sources (theAnglo-Spanish and the Anglo-French Treaties) but also visual evidence to buttress thisclaim, and underlines the relevance of visual representation of peace conferences as animportant field of political iconography.

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Organisational aspects of the Paris Peace Conference (1919–1920)

Author(s): René Petráš / Language(s): English Issue: 2/2015

The Paris Peace Conference (1919–1920) was expected to resolve all the numerous issues after World War I, but the organisation of this gigantic event was rather insufficient. The conference was held in Paris, recognising the important position of the principal country of the Allied victors. In the past, conferences were predominantly attended by professional diplomats, capable of “coaching” their sovereigns or politicians. The Paris Peace Conference was officially supposed to be different in that secret diplomacy undertaken by diplomats was disavowed. The criticism of the old traditions prevalent in diplomacy resulted in a different composition of delegations. Rather than professional diplomats with a legal background as in the past, the participants in the conference were economists, soldiers, or experts in various branches of social sciences.

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The Case of Lucretia - Symbolizing the Political Reality

Author(s): Konstantin Tanev / Language(s): English Issue: 3/2022

The myth of Lucretia, the wife of Collatinus, raped by Sextus Tarquinius – the son of the last Roman king – is very influential in the Classical and Medieval literature, likewise in the Modern times in the different fields of science and art. Its pristine form is now lost in the distant past and it is possible to compare the sources to see several layers of its political, legal, and ethical interpretation. Following these elaborations, we find a history of different legal institutions and rhetoric argumentation. However, with the help of archaeological findings some elements of its historical image starts to appear being the model family values and religious beliefs built in the foundation of common cultural forms in Italy.

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Levitas animi a imbecillitas, infirmitas či fragilitas sexus jakožto důvod odlišného postavení žen

Author(s): Radek Černoch / Language(s): Czech Issue: 3/2022

Position of women in Roman law differs in various aspects. Reasons for such differences are often traditional; in some cases, they can be regarded as manifestation of sometimes exaggerated protectionism or paternalism, which could be regarded as unlawful discrimination. The aim of this paper is to analyse the terminology which sources of law use to refer to the position of women.

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Role ženy a její vývoj v evropském nástupnickém právu

Author(s): Petr Nohel / Language(s): Czech Issue: 3/2022

Although the history of European law of succession is colourful, changes in its conception have been continuous, especially in case of transferring the claims. They have not been adopted equally consistently by all states in which the monarchy order is still an integral part of the legal system. We can find out the trend of transition from more rigorous forms (such as Salic or Agnatic law) to the current absolute primogeniture, which is gradually applied across whole continent. In some countries there we can find significant divergence between this successor order and older nobelmen orders. The status of women became over time more equal to the status of men, but at the same time women gradually lost their exclusive position that was reserved for them by previous orders.

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The Marriage Legislation in the French and Dutch Civil Code

Author(s): Emese von Bóné / Language(s): English Issue: 3/2022

This paper focuses on the historical backgrounds of the marital power in the marriage legislation in the French Civil Code via the works of Robert Joseph Pothier. The legal status of the husband and wife and their mutual relationship as regulated by the first Dutch Civil Code of 1838, which was inspired by the French Civil Code, is also discussed. In the final part of this paper the latest reforms of the marriage legislation are analysed.

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Od „posledního“ k „nejbližšímu“ dědici? K vývoji postavení manželky v česko-rakouském a československém dědickém právu

Author(s): Ondřej Horák / Language(s): Czech Issue: 3/2022

The paper deals with the changes in the position of the wife in law of succession (both as an intestate heir and as a person entitled to the forced share) in the Czech lands from the middle of the 18th century to the present day, and also with discussions about the adjustment of her inheritance-legal position in Czech-Austrian jurisprudence at the beginning of the 20th century (during the recodification of ABGB) and in the 1920s (in connection with the interwar recodification). The evolution of law of succession in the Czech-Austrian area and in the European context is characterized by the strengthening of the position of spouses; in the domestic regulation of law of succession as a whole and especially in the intestate succession, we can see a shift from “consanguinity” to consideration of “needs” and “merit”. In the Czech lands, however, there is a different approach in the intestate law, where the position of the wife was gradually strengthened (the turning point was in particular the 1st sub-amendment of the ABGB in 1914, inspired by the German BGB in 1896), and when regarding the forced share, where her position (unlike in Austria) has not yet been improved (despite repeated efforts at the beginning of the 19th century during the finalization of the ABGB, at the beginning of the 20th century during the preparation of the amendment of the ABGB, in the 20s of the 20th century in connection with the interwar recodification, and at the beginning of the 21st century during the preparation of the 2012 Civil Code).

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Studium práv a profesní uplatnění žen ve vybraných státech Evropy a USA od konce 19. století do 30. let 20. století

Author(s): Vendulka Valentová / Language(s): Czech Issue: 3/2022

Women have generally been permitted to study law properly at university since the late 19th century. The first country to allow women to study at university level was the United States of America. In Europe, it has been possible for women to study law at the universities and practise it, particularly as attorneys-at-law, later than in the USA, but with equal success.

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Atentáty v československých dejinách

Author(s): Alexandra Letková / Language(s): Czech Issue: 3/2022

In the study, the author focuses on the various assassinations that are connected with the Czechoslovak history. The term „assassination“ has no legal definition, so in the beginning of the study we will first think about its content. Based on the definition, we will identify the assassinations in every period of Czechoslovak history. The body of the study is divided into four parts, derived from effect of the Criminal codes and from the constitutional development in the state. The primary aim of the study is the analysis of assassinations, especially from a legal point of view, i.e., from the point of view of legal responsibility or the impact of assassinations as material source on the origin of law. The secondary aim of the work is to approach several interpretations that relate to assassinations and the impact of the analyzed events on historical memory.

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Charkovský proces 1943 a jeho ohlasy ve světě

Author(s): Jan Beránek / Language(s): Czech Issue: 3/2022

The submitted paper examines the so-called Kharkov trial, i.e., the trial that took place before the military authorities of Soviet Union in December 1943 and which is often described as one of the first trials of Nazi war criminals. The causes of the trial, as well as its course and subsequent national and international responses to it are analyzed. The aim of the article is to present the information about the above-mentioned trial and to point out some procedural elements that could have served as inspiration for future trials of war criminals, but also to recall the terrible crimes committed in the Kharkov region at a time when Ukraine is facing another unjustified invasion and aggression.

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Počátky hnutí za získání ženského volebního práva ve Velké Británii v druhé polovině 60. let 19. století

Author(s): Eva Bažantová / Language(s): Czech Issue: 3/2022

The paper focuses on the first phase of women’s efforts to gain the right to vote. There had been discussion over the preparation of the Second Reform Act about widening the franchise. In 1866, a group of women gathered in the Kensington Society came up with an idea to create a petition which called for right for women householders to gain right to vote on the same basis as men did, without the distinction of sex. The petition of 1866 reached an unexpected number of signatures and MP John Stuart Mill presented the question of women’s suffrage in the House of Commons. The paper follows the arguments for and against the women’s suffrage in the 1860s. The 1866 petition was an important step in the women’s emancipation movement as it started a broader movement to gain the suffrage.

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Prvý oddíl čtrnáctého dodatku Ústavy Spojených států: původní význam a výklad

Author(s): Jaroslav Ženíšek / Language(s): Czech Issue: 3/2022

The paper analyzes the first section of the Fourteenth Amendment to the United States Constitution and its four key clauses – the citizenship clause, the priviliges or immunities clause, the due process clause and the equal protection clause. Special attention is paid to the debates of the members of the 39th Congress which offer an insight into the original understanding of terms and phrases used in the text of the Amendment and that make possible to understand the context of its origin. The paper tries to describe the most likely original meaning of the individual clauses of the first section and analyze their possible various interpretations that often stand in direct opposition. While it can be reasonably assumed that during the times of the passing and ratification of the Amendment its objective was fairly limited, reflecting the post-war political reality in the United States, during the decades following ratification the Amendment started to be applied to issues that until then had been completely in the hands of the legislatures and depending on the democratic discussion on both federal and state level. The authors quoted in this paper can not be assigned to just one method of interpretation and legal philosophy, to the contrary, the paper aims to confront different views on the Amendment and its original meaning and based on it reach a conclusion; therefore both the view seeing the meaning of the Amendment as limited, held for example by professors Charles Fairman and Raoul Berger, and the perspective that sees its objectives as broader, represented for example by professors Michael Kent Curtis and Randy Barnett, are mentioned.

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Anteroom to the Forint: Monetary Law Aspects of the Temporary Period of Issuing Money in Hungary under the Supervision of the Temporary National Government (1944–1945)

Author(s): Milan Töreki / Language(s): English Issue: 3/2022

This study presents the destruction of the Hungarian currency caused by the Second World War. The devastation caused by Nazi collaboration and the Soviet Red Army had an impact on the Hungarian “pengő”. The occupying Soviets tried to take advantage of all this and interfered with the circulation of money to increase their own political influence. They printed their own banknotes, which were later used to pay by the Hungarian National Bank. The Provisional Government tried to stop inflation after the war and then tried to resist Soviet pressure and to restore cash flow in Hungary, as well.

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Vývoj právní úpravy dohod o pracích konaných mimo pracovní poměr

Author(s): Jan Machala / Language(s): Czech Issue: 3/2022

The article analyses the development of agreements on work performed outside employment relationship in the Czechoslovak and Czech legal system on the background of the contemporary context. Agreements on work performed outside employment relationship are a traditional institution of Czech and Slovak labour law, which is not found anywhere else in the world. The reason for their creation is related to the economic needs of Czechoslovakia in the socialist era. The article discusses the contemporary context of the creation of such agreements, their original legal regulation in the previous Labour Code (Act No. 65/1965 Sb.), important amendments and the reasons that led to them, and the legal regulation of agreements in the new Labour Code (Act No. 262/2006 Sb.). The knowledge gained from the study of agreements on work performed outside employment relationship is used to present de lege ferenda considerations.

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Concha Győző a politikai szabadságról

Author(s): Eszter Kovács / Language(s): Hungarian Issue: 09/2023

The present article examines Győző Concha’s (1846-1933) concept of political liberty and its contribution to the definition of the political in Hungarian political thought around 1895. The article focuses on a long essay by Concha published in the periodical Budapesti Szemle in 1894, entitled Az emberi eszme mint szabadság (The idea of the human as liberty). Concha reused this text in 1895 in the first volume of his two-volume work entitled Politika as the chapter on political liberty. According to Concha, individual freedom and collective freedom (or freedom of the community) have been in opposition or even in conflict throughout history. It should not have been the case, however. Some philosophers advocated individual freedom at the expense of the interest of the political community. Other thinkers, in contrast, advocated the interest of the community or that of the state at the expense of individual freedom. For Concha, since the human and the political, the individual and the public co-exist and interfere, freedom for the individual and freedom for the community should be balanced. Montesquieu is one of the authors he appreciates the most on this question because Montesquieu recognised that liberty of the members of society must be limited for the sake of the others’ liberty. Concha completes, however, Montesquieu’s definition of freedom with a positive element, that of self-realization on and individual and collective level.

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Kolnai Aurél és „a politikai” fenomenológiája

Author(s): Ferenc Horkay-Hörcher / Language(s): Hungarian Issue: 09/2023

There is no well-articulated and easily identifiable place in the philosophical canon for Aurél Kolnai, despite the fact that he has been championed by such luminaries of contemporary philosophy, who have written detailed essays on his thought, as Pierre Manent, Bernard Williams, David Wiggins, Dan Mahoney, John Haldane or Axel Honneth. When this paper examines his position on “the political”, what we are really looking at is his view of the relationship between politics and ethics, and between politics and philosophy. This paper will focus on two texts by Kolnai. One is a relatively early German-language work entitled What is Politics about? This work was originally published in 1933, which, if you look at the political context, makes this debate with Carl Schmitt quite fascinating. The English title of the other paper is The Moral Theme in Political Division, originally published in 1960, three decades after the previous paper. In the analysis of these works, the contrast between the Machiavellian-Carl Schmitt-like conception of politics and a broader Aristotelian-communal approach will be in focus. While the first paradigm relies on the conflictual nature of politics and takes political emergencies crucial, the second one emphasises the cohesive forces, coordination and cooperation of the community in the everyday life of politics. The purpose of the paper is to demonstrate that the author’s position offers an alternative to the typical Schmitt-like position, without becoming naively moralistic. In this interpretation, Kolnai’s phenomenological philosophy plays a major role, determining his understanding of the concept of “the political”.

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İRAN'DAKİ SİYASİ AYAKLANMALARIN COĞRAFİ YÖNLER BAĞLAMINDA İNCELENMESİ

Author(s): Ghadir Golkarian,Zohreh HEIDARIBENI / Language(s): Turkish Issue: 59/2023

The influence of some factors on human behavior is inevitable. In this context, the effect of geographical factors has been the research area of thinkers, sociocultural and socio-psychological researchers since ancient times. Living conditions, environment, nature, and other factors have influenced human actions and become the main source of many trends. In the 5th century BC, Hippocrates and his followers postulated the influence of duality and geographical conditions on human habits, morals, and physiology. Iran, where four seasons are experienced, is also a multi-ethnic country. Therefore, the impact of climatic and geographical factors on the realization of political events, revolutionary tendencies and protests that have manifested themselves in Iran's political arena for about 2 centuries is remarkable. Considering its geographical structure, Iran is a complete crossroads. For this reason, it has become the center of attacks, military wars, and cultural encounters, has undergone both ethnic and religious changes over the years, and has been exposed to many external influences. Therefore, Iran is considered a multi-ethnic country with different demographics. Thus, the biological and geographical diversity that gave rise to social diversity gave different and unique identities to the communities in different geographical regions.

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Istorie constituțională ungară

Author(s): Amelia Toth / Language(s): Romanian Issue: 2/2023/2023

The book A History Of The Hungarian Constitution - Law, Government and Political Culture in Central Europe, published for the first time in 2018, is in fact a collection of studies that examines the history of the idea of a constitution over the 1000 years since the political structure, then called the Kingdom of Hungary, was founded. As of November 2022, the date of the author's review, no English translation of the work had appeared.

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Sytuacja społeczno-polityczna w województwie olsztyńskim w świetle sprawozdań Wydziału Studiów i Analiz Służby Bezpieczeństwa Wojewódzkiego Urzędu Spraw Wewnętrznych w Olsztynie (1989-1990)

Author(s): Witold Gieszczyński / Language(s): Polish Issue: 2/2023

In individual voivodeships, including Olsztyn, the Department of Studies and Analyses of the Security Service Agency was established within the structures of the Voivodeship Office of Internal Affairs. It functioned at the turn of 1989/1990. Twenty documents are published below. These are reports and situational reports prepared by the Department of Studies and Analyses of the Security Service Agency in Olsztyn for the Ministry of the Interior in Warsaw. Currently, these documents are in the archives of the Institute of National Remembrance in Białystok and have not been published. These documents were created during the period of political changes in Poland and constitute an interesting record of the socio-political situation in Warmia and Mazury at that time.

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