Public Truths and Their Legal Protection

Author(s): Mateusz Klinowski / Language(s): English Issue: 3/2020

n this paper I deal with two key concepts of a modern political theory, i.e. truth and public interest, and examine relationships between them. This subject seems particularly important in the context of the observed crisis of the liberal democracy and the spread of misinformation and fake news. I argue that there is a need to create a public system of protection designed to defend the logical status of those statements which have a value for the society. By using the notion of public interest as a tool for analysis, I demonstrate how such a system might be structured. I suggest employing existing public institutions to construct a system of public protection of the truth, yet supplemented by a coordinating body based on the ombudsman model.

Public Interest and Access to Justice: A Liminal Analysis

Author(s): Jan Winczorek / Language(s): English Issue: 3/2020

The paper argues that there exists a contradiction between access to justice and public interest. It substantiates this claim by reviewing selected arguments for access to justice and by referring to empirical evidence. The contradiction is then interpreted using a sociological theory of law, which enables establishing the structural reasons for such a clash. In order to reconcile access to justice with the public interest, the legal system must develop the semantics allowing for a better understanding of social inclusion conditions. In particular, the legal system must finally do away with pre-modern charity-oriented concept of access to justice, be able to grasp access to justice in its totality and reflect on conditions of legal inclusion. If it fails to do that, it is doomed to reproduce the conflict. The concept of access to justice developed by Cappelletti and others in the 1970s is a good point of departure here, but it is by far insufficient.

Uniwersytet - Idea w procesie wytwarzania wartości akademickich

Author(s): Jerzy Hausner / Language(s): Polish Issue: 1/2019

In his idea of university, Karl Jaspers makes an attempt to link and commonise two worlds: the spiritual and the physical. This seems to me to be of fundamental importance. Even though I wish to uphold his approach, my thoughts proceed in a different direction. I want to combine the university’s transcendent and pragmatic references, but for me, the factor that holds them together is the process of creating existential and instrumental values. The idea of university is expressed – in my approach – in university-specific links between the generation of both kinds of values, which is reflected by the concept of university-idea. A university understood and operating in this way is concurrently an institution and an organisation, a combination of the axionormative and operational orders. Its development depends on whether its social space-time continuum offers good conditions for personal and collective development to all of its participants.

Spór Donalda Trumpa z sanctuary cities w stanie Kalifornia jako przykład niezależności stanowej i sądowej w Stanach Zjednoczonych

Author(s): Patrycja Błasiak-Czerniakowska / Language(s): Polish Issue: 04/2020

This article describes Donald Trump’s conflict with the state of California over releasing information to federal authorities about the migration status of California residents for the purpose of deportation. Fighting the so-called sanctuary cities and limiting their access to federal funds were the key points of Trump’s electoral campaign. Although the president issued a directive at the beginning of his term of office to implement its postulates, ultimately the Supreme Court ruled against him, which points to the independence of both individual states and the entire American judiciary.

Doktor Mabuse kontra państwo prawa

Author(s): Sławomir Płatek / Language(s): Polish Issue: 04/2020

This article discusses the background of the conflict between the liberal and totalitarian systems of the state on the example of the Weimar Republic. Particular attention is paid to the crisis of modern liberal democracy, then resulting in the disintegration of social structures and the longing for a strong “rule of law”, which in turn, led to Nazi rule. The cultural background of the discussion is the film Dr. Mabuse the Gambler, which focuses on these phenomena. They also have their counterparts today. This article is also an opportunity to reinterpret the film’s message. An attempt is made to revise the canonical readings; this revision has been going on for some time, but has not yet been completed.

Pluralism and Religion Again: Reply to Henry Hardy

Author(s): Beata Polanowska-Sygulska / Language(s): English Issue: 3/2020

The article constitutes a continuation of the discussion between Henry Hardy and myself, which was initiated in AFPiFS in 2019 as a result of my publishing a review of Hardy’s book: In Search of Isaiah Berlin: A Literary Adventure (2018). In the present commentary I address again the nub of our disagreement, that is the relationship between Berlin’s pluralism and universalist religions, like Christianity and Islam. According to Hardy pluralism undermines universalist religions. I distance myself from his standpoint and argue that it is possible to reconcile adherence to pluralist perspective in ethics with religious belief. Besides, I return to the objection raised in my review of Hardy’s book and take up the thread of conflicts within values. I sustain my charge that Hardy does not take seriously enough the implications of conflicts within single values.

Proces Boloński a Prawo o szkolnictwie wyższym i nauce

Author(s): Marcin Skinder / Language(s): Polish Issue: 4/2020

The subject of the study is the Bologna Process, its assumptions and course. The article contains an analysis of the Act on university education and science in order to indicate solutions for the harmonization in Poland under the Bologna movement. This movement is characterized as an example of European integration (harmonization) in the sphere of higher education, which was initiated by the Bologna Declaration of 19 June 1999. The main idea behind this declaration was the joint creation of the European Higher Education Area. The process initiated then goes beyond the scope of activities undertaken only by European Union governments. The analysis covers the following parts: The scope of the Bologna Process, Further European actors and the Sorbonne Declaration, The Bologna Process today, Implementation barriers was well as criticism. An integral part of the work is the Bologna Process and the Constitution for Science (Law on university education and science).

Higher Education in Texas: a Brief Overview

Author(s): Stacey L. Edmonson,James W. Hynes / Language(s): English Issue: 4/2020

Institutions of Higher Education in Texas develop, support, and enhance the economic, cultural, and social wellbeing of the state and the country. These institutions offer courses and degrees in all disciplines. They are strategically located across the state to support the economic activity while reflecting on the historical and cultural makeup of the region. There are both public and private institutions. The primary focus of this article is on the public university systems in Texas. An overview of the processes of accreditation and governance is presented.

The Theoretical and Practical Aspects of Distance Learning in Higher Education: Case Study of Belarusian Law Schools

Author(s): Liubou Krasnitskaya,Yuliya Khvatsik / Language(s): English Issue: 4/2020

The right to education is a fundamental human right making possible the realisation of other rights of human beings. The authors starts the research with the core characteristics of the human right to education. Human rights law prescribes that education of all types and at all levels should be accessible for everyone and adaptable to respond to the changing world order. In these uncertain times distance education is considered an appropriate form of education that ensures the access to knowledge and professional skills to a broad group of learners. The researchers pay attention to the legal regulations and practical aspects of the provision of distance education in the times of the pandemic. Distance learning in Belarus is analysed in the context of higher education in general and in realm of legal education in particular. The article is enriched by the findings of the empirical research carried out among the academic staff of the Belarusian law school. The survey makes an attempt to assess the capacity of law teachers to provide online legal education.

Dallimet terminologjike në ligjin e trafikut rrugor (Kosovë) dhe në kodin rrugor (Shqipëri)

Author(s): Shemsi Haziri / Language(s): Albanian Issue: 38.1/2019

This paper is an attempt to present differences in terminology between Law on Traffic (Kosovo: 2016) and Traffic Code (Albania: 2015). These differences in terminology are results of a series of influences of English and Serbo-Croatian in Albanian language in Kosovo as well as Italian and English influence in Albanian language in Albania, as shown in the following examples (Kosovo – Albania): Ligji për rregullat e trafikut rrugor – Kodi rrugor; patentë shoferi – lejedrejtimi; shenjat e trafikut rrugor – sinjalizimi rrugor; autoudhë – autostradë; shiriti ndarës i rrugës – karrexhata; libreza e qarkullimit – lejeqarkullimi; shofer – drejtues i mjetit, etc. Besides terminological influences by foreign languages, we will also present manners of word-formation of road traffic terminology in Albanian language, based on grammatical specifics for each of them. In conclusion of this paper there will be presented results in regards to the field of terminology used for road traffic in Albanian language and there will be set recommendations for harmonization of specific terminology in this field in both countries, Kosovo and Albania.

Právna zodpovednosť a umelá inteligencia

Author(s): István Erdős / Language(s): English Issue: 5/2020

Artificial Intelligence can potentially transform how we understand criminal liability, which is the foundation of the criminal justice system. Moral actors, moral agency and responsibility are crucial components in this dilemma, which is significant even today, but its significance will increase in an era of exponential technological innovation. New technological development, especially machine learning results in a situation, were the responsibility of a natural person (like the programmer) is highly questionable. This article aims to analyse the moral responsibility and the possible criminal liability in situation where AI technology created a complex and unclear legal and moral conundrum. This article argues that a natural person can bear the responsibility for the actions of an AI from a consequentialist perspective if the AI does not stand at the level of explicit morality and the natural person had mens rea or acted with criminal negligence. Theoretical research is essential as both national and international legal regulations of this field must be based on solid understanding of personhood and moral agency.

Profesjonalizm nauczyciela a kultura praw dziecka w szkole

Author(s): Anna Babicka-Wirkus / Language(s): Polish Issue: 1/2020

The article deals with the issue of implementing the culture of children’s rights in school and the role of a professional teacher in this process. Practicing this culture in everyday school life is a task that requires the teacher not only to have a thorough knowledge of the rights of the child and human rights, but also to accept these ideas and create opportunities to experience and claim them at school. The academic and colloquial discourse on teacher professionalism ignores or marginally treats this dimension, which results in a low level of practice of children’s rights culture in schools. This state is also important for the quality of citizens’ preparation for life in a democratic civil society based on human and children’s rights.

DIGITAL CONTENT LEFT ON-LINE AFTER DEATH OF A USER. ON THE RESEARCH THAT NEEDS TO BE CONDUCTED

Author(s): Mariusz Załucki / Language(s): English Issue: 1/2020

The problems of content left on the Internet after a user's death are very important. The traditional civil law contructions to date are not prepared to face their challenges. Social needs, modern reality, advanced technology - all this affects inheritance law. These issues need to be looked at more closely, and this text is intended to signal the issues of the so-called "first need" for analysis. One of its tasks is to undertake further discussion on possible needs for change. The succession law of the 21st century requires such changes.

Analiza sadržaja udžbenika istorije u Srbiji o ratovima u bivšoj Jugoslaviji, u svetlu utvrđenih činjenica pred MKSJ

Author(s): Author Not Specified / Language(s): Serbian Issue: 5/2015

From History to Courtroom and Back: What Can Historiography Obtain from Judgments for Crimes fn the Wars in the Former Yugoslavia

Author(s): Ivan Jovanović / Language(s): English Issue: 5/2015

Sharī‘ah or on the Human History of Divine Will. Theoretical Foundations of Islamic Jurisprudence – Alina Isac Alak

Author(s): Marius Lazăr / Language(s): English Issue: 15 (29)/2020

Book-Review: Sharī‘ah or on The Human History Of Divine Will. Theoretical Foundations of Islamic Jurisprudence, Alina Isac Alak, Ed. Pro Universitaria, 2019. ISBN: 978-606-26-1088-3. Review by Marius Lazăr.

Ликвидация на търговски дружества (Част I)

Author(s): Angel Kalajdzhiev / Language(s): Bulgarian Issue: 4/2019

The article gives a thorough description of the institution, the definition and the procedure of Liquidation of Companies as regulated under the Commercial Act and some other special legislation. The regime sets the compulsory and the voluntary kind of liquidation. Starting from the nature of the liquidation the analysis comes to the conclusion for its sharp distinction from the insolvency and bankruptcy procedure, while the first presumes liquidity and capacity to act of the company unlike the second. The survey pays attention to its beginning and consequences, the liquidator (nomination, dismissal, and legal status). Then it follows the details of the Liquidation procedure and the respective normative requirement for accounting, balance and the rights of the creditors and the shareholders about the liquidation share. Finally, the analysis tackles some special issues like companies' transformation and insolvency in their relation to the liquidation.

Приемане с изменения на предложение за сключване на договор според конвенцията на ООН относно договорите за международна продажба на стоки

Author(s): Cyril Cyrov / Language(s): Bulgarian Issue: 4/2019

In this research we focus the act of acceptance with amendments of an offer for a contract formation as per the UN Convention on the International Sale of Goods (CIGS). Especially, the study discloses the essence of a significant principle included in this convention, wherefor the answer made envisioned the proposal acceptance through it hold some amendments, which is deemed not as acceptance but as a counter-proposal. The survey also mentions the exception of this conventional principle in the case of answer to the proposal having additional or various conditions which do not change substantially the proposal terms. One of the most important questions about this exception presented in the research is to show which of those amendments change the proposal conditions' acceptance. They involve some additional or different provisions about the price, the payment, the quality and the quantity of goods, the place and the time of delivery and so on. The substantial amendments of the proposal represent obstacles for the contract formation.

Общата селскостопанска политика като единство от механизми и правила за регламентиране на производството и търговията със земеделски продукти на територията на Европейския съюз

Author(s): Aleksandra Valcheva / Language(s): Bulgarian Issue: 4/2019

The study offers a comprehensive overview of the Common Agricultural Policy of the European Union, examining its stages and historical development before and after signing the Treaty of Lisbon. Wherefor the analyses present the Policy as a unity of mechanisms and rules that govern the production and marketing of agricultural products and their processing on the territory of the European Union. It starts from the main goals of the Common Agricultural Policy and pays attention to its connection to the businesses to develop a strategy to support them in the rural areas. The survey presents some economic challenges for the Policy, related to the food supply, the reduce of productivity rate, the price volatility and the sector incomes, as well, and continuing negative impact of the economic crisis.

Относно правото на маркопритежателя да забрани използването на по-късно регистрирана марка

Author(s): Diana Dimitrova / Language(s): Bulgarian Issue: 1/2020

The article explores whether the exclusive right of a proprietor of a trade mark to prohibit all the third parties from using, in the course of trade, signs identical with or similar to its trade mark extends to a third-party proprietor of a later registered trade mark, without the need for that later mark to have been declared invalid beforehand. The relevant national and European legislation as well as respective case-law are considered. A detailed analysis is made of Judgement of 21 February 2013 of the European Court of Justice on a preliminary ruling case C 56/11,Federation Cynologique Internationale v Federacion Canina Internacional de Perros de Pura Raza.