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The article analyzed the customs and ordinances common law Kievan Rus. As public and the legal life of the Kievan state pravuvalosya old national norms of customary law, which since the prehistoric era was a major source of law.
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The author analyses risk factors for banking institution related to money laundering, that might arise in legitimization of income obtained by criminal means; The reasons that affect licenses withdrawal due to breach of money laundering regulations are analyzed.
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The author of the article analyzes the concept of education and its legal significance, as well as gives an idea of the right to education in the context of Latvian and international law. The concept of education can be understood both broadly and in a narrower sense. Within the framework of this article, in the disclosure of the legal significance of education, an interdisciplinary approach is used. In a broad sense, education is the whole process of social life, through which an individual or a group of people consciously learns, develops their potential, abilities and knowledge for the benefit of national or international communities. This process is not limited to any specific actions. It takes place throughout life. Education is a socially organized activity, a planned series of events, humane by nature, leading participants to learning and understanding, this is an organized way of transferring experience. After all, education is a complex term. According to the author, education is both a process and a result. In a narrow sense, the term education is associated with institutionalization, respectively, in the context of educational institutions - students, teachers, parents, heads of educational institutions, etc., rights and responsibilities.The right to education is an integral part of human rights, and therefore the right to education is analyzed in this article. The author examines in detail the right to education in both national and international law, in case law and doctrine. The author gives a brief idea about the concept of education in a legal context.
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This article is divided into several sections. The first one offers an overview of problems in the sphere of trade relations and public health, the second one focuses on the labour rights and Core labour standards. The goal of the article is to outline the problems of the legislation in the sphere of trade relations, to provide society with greater insights into the relationship between labour rights, public health and International trade. Research methodology includes the study and analysis of operation of the trade system in WTO and trade health policy. It should be noted that the trade convention can also violate human rights, such as the right to health, directly or indirectly. In order to accurately define the forms of labour discrimination the author looks into the Core Labor Standards, the Universal Declaration of Human Rights.
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Within philosophy of law as well as philosophy of language one can find a view suggesting that legal and natural languages have two different theories of meaning: meaning externalism and intentionalism accordingly. This view can be interpreted as a metaphysical one, ie. that there are two different kinds of facts that determine that expressions of legal and natural languages mean whatever they mean. For natural language these facts would be intentions of the speaker. Such a view of natural language seem intuitive as the aim of a communication is usually trying to grasp whatever a speaker has in mind. Such a view proves, however, problematic for the legal language. Meaning exteralism for legal language, on the other hand, allows for law to be objective. But it must show how its expressions are meaningful (as content is usually closely related to intentionality). As a result, a satisfactory theory of facts constituting linguistic meaning might require a pressuposition that meaning (also legal or natural) is a social artifact: its content is constituted by some kind of collective intentionality of language users. This solves a numer of problems with both intentionalism and meaning externalism – but also creates new ones that might require further studies.
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The article is a metaphilosophical and metatheoretical discussion relating to the theory of law pursued in the mainstream of the classical project of analysis. The purpose of these remarks is to show the challenges which philosophical pragmatism, and especially analytical pragmatism, poses to classical analysis. The first part of the text is devoted to the presentation of the mainstream of postwar Polish law theory as the implementation of the analysis program, with the conception of Z. Ziembinski serving as an example. The next part characterizes analytical pragmatism of R. Brandom and the challenges addressed to such research programs as classical analysis. The last part examines philosophical benefits that classical analysis could obtain by embracing the challenges of analytical pragmatism. These include the ability to overcome the cognitive dualism, better justification of rationality and extending the anthropological perspective.
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The issue of artefactual character of law is an interesting subject of discussion among the philosophers of law. Although it may seem to be just one of the typical disputes about words, it serves an interesting point of reference for the analyses devoted to the nature of legal concepts from the perspective of cognitive sciences, which in turn leads to a more general reflection on the origins and nature of law. In the paper I explore, firstly, some aspects of philosophical discussions concerning artefacts and, secondly, I outline the theory of conceptual metaphors (including the character of mapping and embodiment). Then I point out how the analysis of legal concepts from the perspective of selected aspects of cognitive science matters for the theorizing about ontology of law.
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In the theoretical legal literature there are views that consistently want to combine natural kinds with semantics of legal language (M. Moore, D. Brink, N. Stavropoulos). The motivation for creating such a theories is the desire to get the semantics of the legal language to be realistic. This semantics should enable the formulation of an objective theory of legal determination. Very often, the obvious objection to such theories is that the legal terms do not correspond to any objects in the world. The purpose of this article is to examine these ideas and attempt to show that the nature of the legal terms directly shows the impossibility of building an objective discourse for such terms (where objectivity is understood as objectivity in the scientific sense). Regardless, such theories can be formulated and treated as objective but the objectivity of those theories will come from methods of construction of the objects and not from their nature.
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The article tackles with the problem of truth-conditional theory of meaning for sentences, which are usually connected with the doctrine of metaphysical realism. It consists basically of two parts. The first part describes several arguments aimed at rejecting realism. The conclusion of this part is a claim that even if Moore’s defense in this regard is successful there are two additional attempts to undermine his theory, namely the argument from contextualism and the argument from nonfactualism that are described and developed in the second part of the paper.
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In order to make a legal text more flexible, the lawmaker is enacting in its content the vague predicates. Provisions with such predicates are applied by the courts that are forming their content in every specific case depending on the case facts. This paper’s purpose is to explain an issue of the vagueness, point out and compare the varieties of vagueness in legal texts specified by A. Marmor and T. Gizbert-Studnicki and at last try to apply law’s vague predicates – anchored and not anchored in definite numbers – to the sorites paradox which is immanently associated with the vagueness phenomena.
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The aim of the article is to critically characterize the new, interdisciplinary research program on morality: universal moral grammar, and to describe its meaning for jurisprudence. Its proponents, such as John Mikhail and Marc Hauser, refer to John Rawls’ linguistic analogy, i.e. comparison of morality to language and suggestion to study it similarly to Noam Chomsky’s generative linguistics paradigm. According to moral grammarians morality, like language, settles on innate, universal cognitive capacities, common to all people. Some evidence supporting these claim, come from various scientific disciplines, such as developmental psychology, neuroscience, anthropology or logic, but they are criticised as weak and inconclusive. The article tries to assess to what extent the linguistic analogy is accurate and useful, analyzing some of the most important N. Chomsky’s claims and their adaptations to the systems of social norms, such as morality and law. The first argument is so called poverty of the stimulus, assuming that the classic learning mechanisms cannot explain the phenomenon of acquisition of language and morals. Other elements of N. Chomsky’s theories adapted to analyze morality include characterizing morality as a system of principles and parameters, divisions between I-morality/E-morality and competence/performance, and also an assumption that the specialized mental module for it exists. Research conducted in universal moral grammar program may have substantial influence on jurisprudence. Firstly, assumptions made by moral grammarians can be seen as a construction of a modern, naturalized theory of natural law, based on empirical study. Moreover, the goal of the program is to fully describe concepts such as guilt, act, obligation or damage, and as an effect to schematize it as an advanced deontic logic, and also to discover sources of intuitions regarding them not only through research on their biopsychological foundations, but also through legal anthropology and comparative legal studies.
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In the present paper, I attempt to answer three questions. First, whether the classical Gricean version of the implicature theory can be applied to describe legal discourse. Second, I provide an outline of one of the most popular theories of the pragmatics of legal language. Namely, Andrei Marmor’s theory of strategic speech. Strategic speech occurs mostly in indeterminate contexts, which contain elements that license even contradictory pragmatic inferences. Next, I attempt to flesh out the problematic points of this account. Third, I attempt to formulate a descriptive model of the strategic selectivity of pragmatic elements in the law, that could face the objections to Marmor’s ideas.
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In this paper, the author has undertaken an attempt to adjust Chaïm Perelman and Lucie Olbrechts-Tyteca’s conception of analogy to the province of law. He thus sketches out a pertinent scheme of legal analogy based upon the similarity of proportions and indulges in a consideration of the merits and demerits of such a proposition. To this aim, as the proportions that are compared in such an account of analogy, the relations between the facts of the cases and their legal outcomes were chosen: one such outcome already known and one tentatively posited. Finally, however, the author’s analyses lead to the conclusion that despite its considerable theoretical attractiveness and some mystical charm, legal analogy consisting of the comparison of two proportions is either quite similar to orthodox approaches to analogical reasoning in law or too obscure for one to employ it credibly in the legal setting. In consequence, until its proponents have elucidated the workings of proportional analogy in more detail, the potential use of such a form of analogy in the province of law does not seem promising and cannot be recommended.
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Codes of legal ethics encounter constant waves of criticism. It is pointed out that their disadvantage is, on the one hand, the excessive casuistry, limiting the possibility of taking independent decisions in cases of ethical and professional conflicts, and, on the other hand, the exaggerated declarative character of perfectionist ethical and professional virtues. The gap between the abovementioned perspectives, easily perceived in such codes, results in a dysfunctionality of professional ethics in the actions undertaken by members of the legal profession. The article, apart from the critical-comparative part, includes a proposal of reading and interpreting the content of the codes in a way that transgresses the above opposition. The theoretical basis of the presented position is provided by the concept of “little ethics” formulated by Paul Ricoeur in his work Oneself as Another. The ethical theory developed by Ricoeur combines the elements of Aristotelian ethics of virtues with Kantian ethics of duty. For this reason, it sets a uniform perspective for opposing elements, namely: subordination to the norm of the code and pursuit of ethical and professional self-improvement by legal professionals. The proposed solution belongs to the “reflexive” paradigm of the lawyer’s professional ethics proposed on the basis of Ricoeur’s onto-ethical theory.
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The main task which I pose for myself is to indicate the philosophical roots of the dialogical concept of law. First and foremost, I would like to present dialogue in the context of ancient Greek philosophy and in the context of the classicists of the philosophy of dialogue. Furthermore, I seek phenomenological bases for constructing the dialogical concept of law. The phenomenological method, starting with its classical Husserlian form, has undergone many changes. Thanks to the indication of new horizons of phenomenology by Emmanuel Levinas, discovering dialogical consciousness and the subject constituted in being with the Other are possible. The reference point of reflections on the concept of law is the relationship with the Other as an ethical relationship. Philosophy of dialogue is a certain possible prism of thinking about the social, public, and institutional space. It is thinking through the prism of dialogue (speaking), but also through the third who contributes discourse relevant to what is said. Law as the third, as the mediating element, is a co-constituting element of the entire legal world.
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The paper examines the concept of social rights from both the analytical and philosophical perspective. In the first part of the paper a distinction is made between social rights in the strict sense (called in the paper “Type 1 social rights”), which can be decomposed into the Hohfeldian incidents, and social rights which resemble norm-goals and therefore cannot be decomposed into the Hohfeldian incidents (these rights are called in the paper “Type 2 social rights”). It is argued that even though Type 1 social rights are rights in the strict sense, they exhibit certain idiosyncrasies distinguishing them from “classical” rights, among which the most striking idiosyncrasy is their double correlation to duties. The second, philosophical part presents various ways in which social rights can be justified. A special emphasis is laid on the justification appealing to the concept of autonomy. Some standard criticisms of social rights are also evaluated.
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The main topic of this article is retroactive application of procedural criminal law. In this text the question will be posed – and answered – whether the application of a new procedural provision that entered into force in the course of an ongoing proceeding should in that proceeding be considered as retroactive and in what scope or/and under what conditions can such retroactivity be allowed for. As will be shown the solutions in national jurisdictions differ according to the common law – continental law states divide. This problem will be discussed in the light of a decision in the ICC Ruto and Sang case. In this case the ICC Appeals Chamber had to answer several questions pertaining to the temporal application of new procedural provisions. Firstly, the Chamber had to decide whether a general ban on the retroactive application of substantive law should also apply to procedural criminal law. Secondly, the ICC Appeals Chamber had to analyze the criteria according to which it would evaluate whether the change of rules of criminal procedure in the course of an ongoing trial was to be considered as having a retroactive effect, and whether the change in the rules of admission of evidence could be considered detrimental to the accused. Thirdly, it will be shown that the ICC Appeals Chamber has chosen the common law concept of “due process rights” rather than the idea of “intertemporal rules” known from the continental doctrine, and why it chose to do so.
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This article analyses the relationship between the Court of Justice and other international jurisdictions. In particular, it addresses the following question: To what extent is the Court of Justice ready to accept that some aspects of EU law are subject to the jurisdiction of an international body? The answer to this question requires analysis of the precise scope of the principle of autonomy of EU law as this principle could potentially constitute grounds on the basis of which the Court of Justice excludes the transfer of judicial competences to external bodies. For this reason, the article refers to the most important decisions in the field: Opinion 1/91 and 1/92, Opinion 1/09, Opinion 2/13, judgment in C146/13 Spain v. Parliament and Council and judgment in C284/14 Achmea. It also discusses the consequences of the application of Article 344 TFEU.
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