O wolne i wielkie Niemcy. Rewolucyjnych konserwatystów idee Rzeszy (do 1933 r.)

Author(s): Marek Maciejewski / Language(s): Polish Issue: 1/2015

In the doctrines of revolutionary conservatism, which were taking shape after the First World War, the question of freedom meant, first of all, Germany’s independence from internal factors (liberalism, democracy, parliamentarianism and sometimes – even – socialism), as well as external ones (the influence of the Western civilization and international results of the Reich’s military defeat in 1918). Freedom, in the understanding of those ideologists, did not have anything in common with its liberal or Christian framing. The problem of internal and external freedom of Germany and the Germans was considered in the revolutionary conservatism, especially in the context of the concepts of the future new Reich, advocated by its founders, as an anti-thesis of the Weimar-Versailles order. The future German state was to be great in the extremely nationalistic or even chauvinistic understanding of that greatness. In the article, the following variants of the new Reich were discussed: as a creation of almost divine qualities, as a political myth, as crowning of the process of historical development, as a new territorial order in Europe and as great German territory. Each of those visions of the future Reich, at least partially, contained all of its mentioned concepts. They, in turn, promoted primarily the nationalistic idea of the German nationalistic commonwealth (deutsche Volksgemeinschaft), on which the remaining elements of the doctrine of revolutionary conservatism were founded.

Nieodpłatna pomoc prawna

Author(s): Witold Klaus / Language(s): Polish Issue: 19/2015

The paper presents the new law establishing free of charge legal advice system in Poland. The author looks at the crucial aspects of the regulation, including criteria to receive free legal advice, institutions authorized to provide legal advice, its financing, scope and subject. The author also discusses the challanges related to the operation of the legal advice system and points out some gaps that need to be addressed.

Manifestacija govora mržnje na društvenim mrežama – Studija slučaja: Facebook

Author(s): Marin Bukvić,Ana Vargek / Language(s): Croatian Issue: 1-2/2016

Since its establishment in 2003 and until today Facebook has become the most progressive social communication network that represents a medium through which we can freely express our ideas, thoughts, and transfer information. Today we can witness the abuse of the freedom of speech offered by Facebook, a freedom which is among other things used for spreading ideas and thoughts that incite to violence and hatred towards individuals or specific social groups, thus turning Facebook into a platform for propagation of hate speech which is the subject of this study. The research question that we tackle is what are the actual user experiences associated with hate speech on Facebook. The method of the research is based on using surveys to examine to what extent and in what way the users faced hate speech on Facebook, towards whom was it directed, how did they react and how could they protect themselves. The aim of the research is to create a profile of the average user based on the results obtained in the surveys. The results of the research confirmed the initial research thesis by which the users experienced hate speech, but they do not know how to fully evaluate it.

Book reviews

Author(s): Ebubekir Isik,Cengiz Gunes,Liza Mugge,Kevin Smets,Joost Jongerden,Ergin Opengin / Language(s): English Issue: 1/2017

Eve Hepburn (ed.), New Challenges for Stateless Nationalist and Regionalist Parties, London: Routledge, 2011, 186 pp., (ISBN: 1317965965). Paul White, The PKK: Coming Down From the Mountains, London: Zed Books, 2015, 216 pp., (ISBN: 9781783600373). Ibrahim Sirkeci, Jeffrey H. Cohen & Pınar Yazgan (eds.), Conflict, Insecurity and Mobility, Transnational Press London, London, 2016, 184 pp., (ISBN: 978-1-910781-09-8) Janroj Y. Keles, Media, Diaspora and Conflict: Nationalism and Identity Amongst Turkish and Kurdish Migrants in Europe, London: I.B. Tauris, 2015, 256 pp., (ISBN: 9781784530396). Abdullah Öcalan, The Political Thought of Abdullah Öcalan, Kurdistan, Woman’s Revolution, and Democratic Confederalism, London: Pluto Press, 2017, 153 pp., (ISBN: 9780745399768). Mistefa Aydogan, Rêbera Rastnivîsînê, Istanbul: Rûpel, 2012, 298 pp., (ISBN: 978-605-86516-0-9).

Ochrona życia poczętego w porządkach prawnych wybranych państw europejskich

Author(s): Magdalena Debita / Language(s): Polish Issue: 7/2017

Teza: Artykuł dąży do rozstrzygnięcia – na przykładzie trzech największych gospodarek europejskich – czy rozwój gospodarczy łączy się z rozwojem liberalnej czy bardziej restrykcyjnej polityki społecznej w przedmiocie ochrony życia poczętego. Przyjęte tezy stanowią, że: 1) kierunkiem wspólnym dla wszystkich analizowanych przypadków jest liberalizacja prawa; 2) zakres ochrony życia poczętego w Niemczech, Francji i Wielkiej Brytanii nie jest na tyle szeroki, aby zapewnić niezbędną ochronę dzieciom nienarodzonym.Omówione koncepcje: Artykuł zawiera analizę aktów prawnych oraz orzecznictwa Niemiec, Francji i Wielkiej Brytanii, dotyczących ochrony życia poczętego.Wyniki i wnioski: Zarówno w Niemczech, Wielkiej Brytanii, jak i we Francji, przyjęty jest zasadniczo jeden wspólny kierunek rozwoju sfery polityki społecznej. Można określić go jako systematycznie postępującą liberalizację regulacji prawnych w dziedzinie ochrony prawnej życia poczętego. Koresponduje on ze stopniowym poszerzaniem zakresu ochrony praw podmiotowych kobiet ciężarnych oraz par korzystających z procedur medycznie wspomaganej prokreacji współfinansowych ze środków publicznych. Drugim wnioskiem jest obserwacja, że zakres ochrony życia poczętego w omawianych państwach nie jest na tyle szeroki, aby zapewnić niezbędną ochronę dzieciom nienarodzonym, zgodnie z tymi tendencjami, które są charakterystyczne na przykład dla Polski i kilku innych państw UE.Oryginalność/wartość poznawcza podejścia: W polskiej literaturze naukowej nie istniało dotąd opracowanie porównawcze zestawiające systemy prawnej ochrony życia poczętego trzech największych europejskich gospodarek w celu poszukiwania odpowiedzi na pytanie, w jakim kierunku podąża polityka społeczna w tym przedmiocie. Artykuł wypełnia także lukę w kwestii omówienia zakresu ochrony życia poczętego w Niemczech, Francji i Wielkiej Brytanii pod kątem zapewnienia niezbędnej ochrony dzieciom nienarodzonym.

XVI. Yüzyılda Çıldır Eyaleti Büyük Ardahan Sancağı'nda Su Değirmenleri ve Bezirhaneler

Author(s): Doğukan Özcan / Language(s): Turkish Issue: 24/2014

The mills were one of the first examples of industrial facilities of the classical era (1300- 1600), in which human power were replaced with another energy power. The most detailed information about these facilities is given in the Ottoman State recordings and codes. The purpose of our study is to research the XVI century’s situation of mills and creameries of the Big Ardahan Sanjak of Childir province according to the Ottoman State recordings named "Defter-i Mufassal Vilâyet-i Gürcistan" and dated 1595. According to the State recordings, there were 224 water mills and 8 creamery in Big Ardahan Sanjak. According to the State recordings and codes of laws, the water mills are known as "asiyâb".

İlerleme Raporları (1998–2013) Işığında Türkiye’de Roman Haklarının Gelişimi

Author(s): Duru Şahyar Akdemir / Language(s): Turkish Issue: 44/2015

In 31 July 1959, shortly after the creation of the European Economic Community in 1958, Turkey made its first application to join. Ankara Treaty which was signed on 12 September 1963 that the legal basis of the relationship between the parties. Turkey applied for full membership in 14 April 1987. Turkey gained candidate status of the EU in the EU Summit held in Helsinki in 1999. In the EU Summit in 16 - 17December 2004 in Brussels decided to launch negotiations with Turkey on 3 October 2005. On the other hand, progress reports prepared for each candidate and they are making an assessment of the candidate countries in the context of the Copenhagen Criterias. This reports has been prepared by the European Commission to assess developments in the candidate countries since 1988. These reports makes quite important analysis to make an evalua-tion in the field of human rights as in many areas. In this reports the problems of Roma and Roma rights issues has comes to become an important agenda item in the relations between the European Union and candidate countries. In this framework in this article Progress Reports for Turkey prepared by the European Commission will be analyzed in context of Roma rights. Regarding this examination development of Roma rights in Turkey will be considered.

Sprawiedliwość ekologiczna w prawie i praktyce, red. Tomasz Bojar–Fijałkowski, Gdańsk: Wydawnictwo Fundacji Rozwoju Uniwersytetu Gdańskiego 2016

Author(s): Anna Barczak,Anna Haładyj / Language(s): Polish Issue: 2/2017

18. Yüzyılın İkinci Yarısında Trabzon Kadı Sicillerinde Aile Kurumunun Oluşumuna Yönelik Kayıtlar

Author(s): Melek Öksüz / Language(s): Turkish Issue: 7/2005

Turkish tradition and Islamic law were of determinant feature in formation of family institution in Trabzon in the second half of the XVIII. century. This determination had special stress on women rights, and contributed to establishing family on durable base. Turkish traditions, Islamic limitations on polygamy and some other circumstances were preventive factors for polygamy in the Ottoman Empire, and naturally Trabzon.

Editorial Foreword

Author(s): Silviu-Marian Miloiu / Language(s): English Issue: 2/2016

The current volume (8, issue 2 of 2016) of Revista Română pentru Studii Baltice şi Nordice / The Romanian Journal for Baltic and Nordic Studies (RRSBN) publishes mostly the papers presented at the Seventh International Conference on Baltic and Nordic Studies in Romania, Good governance in Romania and the Nordic and Baltic countries, hosted by the Romanian Association for Baltic and Nordic Studies and Nicolae Iorga Institute of History of the Romanian Academy, București, 24-25 November, 2016, with the support of the embassies of Finland,. Latvia, Lithuania and Norway, the Consulate of Latvia to Bucharest and sponsored by Niro Investment Group.

"Islam" u anti-multikulturnoj retorici političara i antropologa Zapadne Evrope: kongruencija ili koincidencija?

Author(s): Marko Pišev,Miloš Milenković / Language(s): Serbian Issue: 4/2013

The recent rhetoric of the "end" or "failure" of multiculturalism in Europe and beyond came as no surprise to anthropologists. Moreover, the statements made by leading politicians of key European economies seem as though they are based on the decades old anthropological critique of the consequences of the failed implementation of multicultural policies in Europe and on the global level. It is as though the messages we have been getting over the course of the last few years – that multicultural policies are contraindicated, that they weaken the contacts between cultures, rob individuals of the right to change and chose their identities and strengthen intra-cultural mediators of power, with patriarchy, violence against women and children, leaving school, religious fundamentalism and even terrorism as main consequences – are being read by politicians from anthropological analyses of abuses of collective "cultural" rights. The paper considers the nature of this similarity between the discourse of politicians and anthropologists with a special emphasis on the status of "Islam" in them, and discusses whether it is congruence or mere coincidence of stances toward minorities, immigrants and cultural differences, as toward the regulations which were tasked with protecting this diversity as a fundamental European value which today, at least at the rhetorical level, seems to be fading.

O očuvanju nacionalnog identiteta i kulturne baštine u evropskim integracijama: Osnovne zablude i značajnije mogućnosti

Author(s): Miloš Milenković / Language(s): Serbian Issue: 2/2013

Leaning on contemporary transcendence of the national/democratic dichotomy in Serbian public sphere and the recent turn from governmental to cultural elites in the incentive policies of the EU and the European Council directed at the Republic of Serbia, the paper recommends a new field of application of ethnology and anthropology, based on previous analyses and modifications of identity policies of the EU. The foundation of the baseless idea of Europe as a framework in which national identities and cultural heritage are weakened or even disappear is considered, and the fact that the EU is the largest global consumer of identity is pointed out, along with the possibilities this brings to the domain of maintaining the national identity and cultural heritage of the citizens of Serbia. Ethnologists and anthropologists can participate in this process not only professionally, as researchers, or privately as political actors, but also in the domain of the application of science, helping culturally legitimate elites recognize that the "protection" of national identities and cultural heritage within the confines of an international budget is a lucrative, sustainable and efficient way to maintain interpretative sovereignty, especially in times of crisis for national budgets. As ethnologists and anthropologists are professionally trained in for consultancy within the domain of identity issues, they are in the unique position to point both sides in the process of European integrations toward the huge potential of further redirecting of incentives toward culturally legitimate elites.

Delikty proti životu v Provincii XIII spišských miest v druhej polovici 16. storočia a v prvej polovici 17. storočia

Author(s): Michaela Kurinovská / Language(s): Slovak Issue: 2/2016

This paper deals with delicts against human life (more specifically, new-born child murder by mother, killing in self-defence and accidental killing, premed-itated homicide and manslaughter) in Province of XIII scepus towns, which were re-corded in the protocols of central administration of Province of XIII scepus towns together with others records related to the administration of the province. Time limits of the issue are years 1550 and 1650.

Wim Decock, Theologians and Contract Law. The Moral Transformation of the Ius Commune (ca. 1500–1650) — Marcin Bukała

Author(s): Marcin Bukała / Language(s): Polish Issue: XX/2014

Review of: Wim Decock "Theologians and Contract Law. The Moral Transformation of the Ius Commune (ca. 1500–1650)", Brill: Leiden, 2013, 723 p. by: Marcin Bukała

Проблемы правового регулирования аутсорсинга и аутстаффинга

Author(s): Aleksandrs Baikovs,Juliia Bolshakova / Language(s): Russian Issue: 2/2017

Outsourcing and outstaffing are the ways ways to optimize the activities of doing business. Outsourcing is a form of inter-firm cooperation and involves concentrating efforts on the functions and activities that are field-specific to the business and transferring incidental functions and activities to specialized legal entities - outsourcers. In the paper the historical and legal aspects of the formation and development of outsourcing and outstaffing in the world practice are considered, the types and forms of outsourcing used in practice are distinguished. In turn, “outstaffing” means also that the company employees are taken outside the company staff. When outstaffing, a staff enters into employment contracts not with a company that is not the actual employer, but with an intermediary organization or an outstaffer. Particular attention is drawn to the competitive advantages of implementing these business technologies, their inherent advantages and disadvantages. The article analyses the legal nature, the constitutive signs of outsourcing and outstaffing contracts that are not named in the current legislation of Latvia, determines their place in the contractual law system, gives their legal and typological characteristics, discloses the content of obligations arising on the basis of these contracts, analyses the differences between these contracts and outsourced employment and recruiting.

Między polityką a prawem, czyli o sprawiedliwości okresu przejściowego

Author(s): Adam Czarnota / Language(s): Polish Issue: 27/2015

The article is a theoretical study of legal strategies introduced in states under political transformation (post-communist states in Europe, Australia, South Africa) to deal with the effects of former political regimes. As the author argues, opening a discussion concerning the evils of former regimes is important for raising public engagement in building a new state of law. Legal retribution expresses the public contempt for committed crimes and reasserts the existence of public norms. However, following the arguments of Judith Shklar and Niklas Luhmann, the author warns against the inner limitations of legal instruments in defining the space of social and moral relationships. An antidote against the possible political instrumentalization of law and the dominance of legal regulations in public sphere should be found therefore in independent historical research and cultural debate that seeks for a deeper understanding of the past.

„Aksjologiczne zamieszanie?”

Author(s): Andrzej M. Kaniowski / Language(s): Polish Issue: 27/2015

The text is a reflection on the lustration law of 2007, which imposed an obligation of submitting lustration statements on people whose professions involved significant public responsibility. Academic professors, along with journalists, or lawyers were subject to this obligation. The article, which was in the most part written in the course of these events in 2007, is a document of moral dilemmas brought by the lustration law. By posing the general question “What should I do” in the face of such state-imposed obligation, it considers a series of opposite arguments concerning the validity of this law and the reasons to submit to it, or to reject it in an act of civil disobedience.

Reakcje środowiska akademickich na ustawę lustracyjną

Author(s): Krzysztof Kędziora / Language(s): Polish Issue: 27/2015

The article describes a response from academic communities – both collegial bodies and individuals – to so-called lustration bill. Opponents and supporters of the lustration bill present both formal and legal arguments, and moral ones. The aim of the article is to an adequate depiction of the response from academic communities to the lustration bill.

Iskustva Istočne Nemačke i Češke u otvaranju tajnih dosijea

Author(s): Mirjana B. Glintić,Jelena Vukadinović / Language(s): Serbian Issue: 3/2011

Disclosing of secret service files should be considered as an integral part of the accounting with communist past. In the process of creating a new social order many countries have opted for the approach of discovering dark past while some maintained the principle "what happened in the past, should remain in the past." Whether they have opted for the first or second approach, the states had to solve a series of economical, social and even political issues. The main point of this paper is reviewing the experiences of Eastern Germany and Czech Republic in the disclosing of secret files, with making references to solutions adopted in other former communist countries. The paper demonstrates the differences in the legislative of two countries, which are reflected in the availability of documents and persons having access to them.

Eiropas Savienības fondu līdzekļu krāpšanas shēmas un iespējamie risinājumi to novēršanai

Author(s): Kristine Arensone / Language(s): Latvian Issue: 1/2017

Fraud is interdisciplinary, intersectoral and international. Fraud cases may include smuggling, illegal tax schemas, documents of falsified goods, and documents of nonexistent deals, artificially increased prices, money laundering and other illegal activities. Fraud risk in European Union fund financed projects is common not only for Latvia, but also for other European Union member states. All the member states are facing similar problems, therefore antifraud activities’ definition and implementation were defined by the European Commission as one of the preconditions for fund financing for countries in 2014-2020 planning period. The goal of the work is to explore the most common fraud schemes in European Union financed projects and to provide recommendations for fraud prevention.