PILIETINĖ TAPATYBĖ IR PAMALDUMAS PLATONO ĮSTATYMUOSE

Author(s): Vilius Bartninkas / Language(s): Lithuanian Issue: 3/2015

This paper explores the meaning of religion and piety in Plato’s Laws. A discussion of contemporary scholarship shows that currently there is a trend to emphasize ethical innovations in Plato’s later thought without discussing its relation to religion. However, an analysis of the key foundational narratives of Magnesia reveals that religion has a substantial role in the dialogue. Plato rethinks the meaning of piety in his last dialogue. On the one hand, he criticizes the traditional Greek religiosity by providing a way to reconcile the performative and the rational devotion to gods. On the other hand, piety is incorporated in ethical theory as a key structural component. Thus, piety emerges as one of the most fundamental ideas in the political project of Magnesia.

The Assessment of Development Potential for Voivodship Capital Cities in the Aspect of Local Housing Markets

Author(s): Łukasz Mach / Language(s): English Issue: 4/2018

The purpose of this research is to try to identify development potential for Polish voivodship capital cities in the area of the housing market, with particular consideration of the number of apartments/flats delivered. The Shift Share Analysis (SSA) method has been used to identify development potential of the analyzed cities. The space-time analysis of flats delivered has been carried out in three market aspects regarding flats planned for sale or rent, flats built individually, and other flats (including: condominiums, council flats, company flats and social housing).

Трудовоправна рамка на образователните политики за конкурентност на пазара на труда

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian Issue: 4/2020

The article examines the actual norms of the labour and insurance law, regulating forms and educational policies, directed to the increase of the competitiveness of the workers and employees on the labour market. Accent in the exposition is on the national norms, as well as on the European policies related to the synchronization of the intern regulations with the European one. Based on the examination the authors make conclusions and recommendations for improvement of the legislation and adaptive to the new requirements practice of the employers.

Hejt i symbole religijne. Obrażanie przez prowokację jako nowy problem społeczny

Author(s): Anna Leszczuk-Fiedziukiewicz / Language(s): Polish Issue: 37/2021

The main purpose of this article is to analyse the medial discourse connected with new ways of presenting religious symbols and social reactions to this. Religious symbols are used by communities that want to stand out in society. The research questions consider whether these events, treated by Catholics as scandalous and offensive, could be examples of a new form of hate speech in the Polish public sphere. If so, this would involve an evolution from the language sphere to the visual sphere and, therefore, would be a crucial shift in a cultural war in our society. The diagnosis of phenomena related to events perceived as “provocations” indicates that we are dealing with a new social problem. This problem involves people associated with the Catholic Church, the police, the court, and the prosecutor’s office because the authors of initiatives are accused of offending religious feelings, which, according to Art. 196 of the Criminal Code is a crime in Poland.

Eucharystia Kościoła rzymskokatolickiego w Niemczech w dobie pandemii COVID-19

Author(s): Andrzej Glombica / Language(s): Polish Issue: 37/2021

This article draws on the experiences of the Federal Republic of Germany and provides a theological reflection on the consequences of political decisions made in response to the spread of COVID-19. The research primarily concerns the relationship between the importance of the communal celebration of the Eucharist and the limitation on contact imposed on the grounds of protecting human life and health. Due to the novelty of the subject, the sources are generally accessible internet materials. The starting point is a calendar of specific decisions by the state authorities and the reactions of the German Bishops’ Conference to these secular regulations, followed by the comment made by German Roman Catholic theologians on the situation. Of these, more attention has been paid to the controversial responses – made by the Bishop of Magdeburg Gerard Feige, Archbishop of Cologne Cardinal and Doctor of Theology Rainer Woelki, and dogmatist Julia Knop – rather than those that are theologically insightful or correct. All this has been juxtaposed with the Church’s official teaching on the communal celebration of the Eucharist and its basic assumption, i.e., the predominance of the divine element over the human element. This article shows that state measures, ecclesial behaviour, and theological discussions can all be interpreted as a practical negation of the saving nature of the Eucharist. This presentation concludes with the question of what is more important: celebrating the Eucharist, receiving Holy Communion, experiencing community, or further weeks of strictly limited social contact, including in religious gatherings. This question is also an invitation to undertake further, in-depth reflection not only on the economic, social, and emotional effects of the pandemic but also – and perhaps primarily – on the spiritual ones.

Rola czasopism naukowych w zreformowanym systemie nauki i szkolnictwa wyższego w Polsce

Author(s): Marian Gorynia,Bronisław Sitek / Language(s): Polish Issue: 2/2021

A triple goal was set for this article: (i) identifying the functions fulfilled by scientific journals in the system of science and higher education in Poland; (ii) diagnosis and assessment of the performance of the evaluation function by the current system of journal evaluation – a critical analysis of the applicable solutions; (iii) outlining the directions of the evolution of the journal evaluation system in Poland. As far as the methodology is concerned, a critical analysis of the literature on the subject as well as a critical analysis and evaluation of applicable legal regulations played a leading role. Moreover, elements of the diagnostic approach (the description and assessment of existing solutions) and the prognostic / prospective approach (an outline of proposed changes to existing solutions) were used in the considerations. Additionally, the work uses the method of legal and dogmatic analysis of legal provisions, which allows for a critical assessment of the legislator's intentions.

Misja prawniczego czasopisma naukowego w kryzysie i anomii konstytucyjnej

Author(s): Andrzej Wróbel,Michał Ziółkowski / Language(s): Polish Issue: 2/2021

Referring to the honourable one-hundred-year history of Ruch Prawniczy, Ekonomiczny i Socjologiczny, and the more than seventy-year tradition of Państwo i Prawo, the two most prestigious legal journals in Poland, the authors discuss the mission of legal journals in a democratic society. They focus on the times of constitutional revolutions and transformations, where the well-established interpretations of constitutional provisions became questioned or even violated. The 2015−2020 constitutional developments in Poland serve as an illustrative background and point of reference for the authors in answering the following question: how and what should legal journals publish when the constitution is being ‘vanished’ (to use the compelling metaphor of Mirosław Wyrzykowski). This predominantly descriptive and interpretative article consists of the following four parts: the mission of journals, constitutional revolution, constitutional crisis, and constitutional anomy.

Polskie wykazy czasopism naukowych – podsumowanie dotychczasowych doświadczeń z perspektywy czasopism prawniczych

Author(s): Grzegorz Wierczyński / Language(s): Polish Issue: 2/2021

The first part of the article discusses the rules regulating the creation of the official list of scientific journals in Poland. The author concludes that these rules have many flaws. Among the de lege ferenda conclusions, the author mentions: (i) the list cannot be applied retroactively, it should only have effects for the future; (ii) decisions concerning inclusion on the list and awarding points should be justified, and these justifications should be publicly available; (iii) decisions concerning inclusion on the list of scientific journals and the awarding of points to scientific journals should be subject to judicial control; (iv) the list of scientific journals should not be prepared by the ministry, but by an independent scientific agency; (v) the list should be fully developed on the basis of a unified, transparent methodology, in which the essential element of the evaluation is the analysis of journal citations. The second part of the article discusses the scientific databases used to create rankings of scientific journals. The author points out that in relation to European legal journals, the Web of Science and Scopus databases include content that is too limited to be properly used for this purpose. The author suggests taking into account the citations from the Google Scholar database to evaluate European scientific legal journals.

Wokół problematyki gatekeeperów w prawniczej komunikacji naukowej

Author(s): Jolanta Jabłońska-Bonca / Language(s): Polish Issue: 2/2021

The article addresses selected problems associated with the subjects who have a significant influence on the selection of legal scientific research results that are disclosed, published, delivered to addressees, and which are sometimes treated as confidential and classified. These are tasks thatcan be considered as those of a special selector, or gatekeeper, in juristic scientific communication. Juristic scientific communication is understood in this text as communication between legal scientists, and as communication that is transformed into legal practice. It also encompasses the communication of commissioned research results by scientists to other external stakeholders, and the communication between scientists and the public. The questions posed in this text are as follows: are the paths of legal scholarly communication currently changing and, if so, how? Who has an important or decisive influence on the filtering of legal research results that enter public legal discourse, and who may close certain ‘gates’ and why – given that these factors prevent scholars, practitioners and the public from accessing certain content? Does digital culture have an impact on the phenomena of gates? Does the fact that open scholarly communication (open access) is developing dynamically have any influence on who is a gatekeeper?

Prawo Unii Europejskiej w polskich czasopismach prawniczych (kilka obserwacji)

Author(s): Stanisław Biernat / Language(s): Polish Issue: 2/2021

There has been a growth of interest in EU law (formerly Community law) in Polish legal periodicals ever since the political changes in 1989 made it possible for Poland to formally participate in the processes of European integration. Few journals in Poland are devoted exclusively or predominantly to EU law. However, there are many journals publishing articles covering various areas of law, including EU law. The majority of these journals are in Polish, but the number of those published in English is increasing. Occasionally, some issues or individual articles in Polish journals are published in English. The circle of authors is diverse. It includes both persons specializing in EU law and authors dealing with various areas of Polish law analysed in close connection with EU law. The articles deal with problems of EU institutional law, but also with various aspectsof substantive law. The jurisprudence of the CJEU is also extensively analysed. The influence of such journals, in terms of gaining a better understanding of the role of EU law in the process of making and applying the law in Poland, is now evident.

Значение на говорителя и конвенционално значение в правните норми

Author(s): Boyan Bahanov / Language(s): Bulgarian Issue: 1/2022

Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will of the rule-making authority, the legal provisions will be presented as an intentional act. In search of the most appropriate explanatory method, two kinds of theories will be applied in parallel: Paul Grice’s theory of linguistic meaning, on the one hand, and some theories with both textualist and intentionalist orientation, on the other. Subsequently, the communicative maxims proposed by Grice will be related to selected normative requirements related to the language of the normative acts.

„Mimo drzwi zamkniętych” (J 20,26). Refleksja nad duchowością komunii w warunkach izolacji społecznej na przykładzie Ruchu Focolari

Author(s): Katarzyna Wasiutyńska / Language(s): Polish Issue: 37/2021

The period of social isolation due to the pandemic limited the opportunities for meetings between small and large communities and left a deep mark on the form of experiencing the spirituality of communion, which is one of the most characteristic features of the post-Conciliar Church. An example is the Focolare Movement, where the privileged path to union with God is the relationship of love for one’s neighbour, in which Jesus’ promise is fulfilled that he stands among those gathered in his name (cf. Mt 18:20). Chiara Lubich, the founder of the Focolare, saw in modern technological advances the possibility of developing Christian love, which by its nature is universal. The period of the pandemic marked an unexpected breakthrough in this aspect, as well as in the wider understanding and practice of ecclesial communion. The abolition or prolonged limitation of physical meetings has led to the intensive use of other means of communication, making the virtual space a potential place for communal spiritual experience and concrete action for the benefit of others. A remarkable event in its course and fruitfulness, carried out remotely, was the General Assembly of the Movement, which, according to the Statutes, takes place every six years and is the supreme organ of power. The common discernment typical of Focolarini implies, as a fruit of mutual love, the presence of the Risen One, who makes the voice of the Holy Spirit resound with all power. The adaptation of the forms of the spirituality of communion to external circumstances shows an irresistible need to share a spiritual experience and, if it is authentic, leads to a deepening of the relationship with God and between persons, despite the difficulties.

THE CURRENT STAGE OF BASEL III APPLICATION AND ITS CONSEQUENCE ON FINANCIAL STABILITY: EVIDENCE FROM KOSOVO

Author(s): Muhamet J. Spahiu / Language(s): English Issue: 1/2022

The study aims to explore the divergences around the implementation of the Basel III agreement, since this agreement is considered the core of the international regulatory response to the financial crisis, setting the strictest criteria for capital structure and risk assessment. This paper explains the current level of legislation that applies in Kosovo, as well as possible divergences with the criteria set by Basel III. It is argued that the national authority, explicitly the CBK, to decide on the implementation of Basel III, had to agree on three aspects and potentially conflicting between them: the stability of the banking sector, competition, and care for economic growth. Finally, the study concluded that Kosovo is implementing Basel III regulations with greater ease and attention, contributing to banking sector stability, competitiveness, and economic growth.

Przemoc domowa wobec dzieci i młodzieży szkolnej na obszarach wiejskich, wiejsko-miejskich i miejskich Pomorza Zachodniego

Author(s): Sebastian Kołodziejczak,Albert Terelak / Language(s): Polish Issue: 01/2021

Within Western Pomerania’s system of counteracting domestic violence a series of research studies have been carried out since 2015 into the scale of domestic violence against schoolchildren. The article discusses the results of analysis of five forms of violence (psychological violence, physical violence, neglect, economic violence, and sexual violence) in the rural, rural-urban, and urban areas. The research concept was implemented with the use of a representative sampling method by means of a questionnaire-based audit interview, and using a research tool developed to measure the social scale of the phenomenon of domestic violence experienced by schoolchildren. It was observed that the phenomenon of domestic violence against minors has reached the level of 48.2 per cent in the rural area, 51.8 per cent in the urban-rural area, and 65.5 per cent in the urban area. The most frequent form of violence is psychological violence which, depending of the area, reaches various levels: 42.4 per cent in the rural area, 51.3 per cent in the urban-rural area, and 60.5 per cent in the urban area. The remaining, less frequently observed forms of violence also reveal differentiation by area. 13.6 per cent of schoolchildren experience three or more forms of violence, which – because of the fact that in such a situation a victim is practically totally hurt – makes us ask the question whether this percentage constitutes a measure of family life pathology.

Данъчни нарушения и наказания. Понятие. Видовe

Author(s): Nina Chilova / Language(s): Bulgarian Issue: 5/2021

According to the applicable law tax offences are realized via common administrative rules, which prove their affiliation with administrative infringements. The substance of tax offences incorporates objective and subjective aspects. The latter have some specific characteristics. Lack of alternative regarding sanctions is one of the special features of tax violations. With respect to types of administrative penalties, imposed for perpetrating tax offences, it could be stated that article 13 of Administrative Violations and Sanctions Act is applicable.

Wybrane aspekty odtwarzania celów w prawie gospodarki odpadami (cz. I)

Author(s): Marek Łazor / Language(s): Polish Issue: 14/2021

Although presented in many different ways in legal regulations themselves, waste management law purposes play a significant role in a legal norm reconstruction. They usually determine the choice of the management method assigned to a given waste stream and the form of protective measures to take. In the case of waste, one classified as hazardous in particular, incorrect reconstruction of the objectives of a given legal regulation may have measurably negative consequences, not only for the environment but above all for human life and health. The legal institutions regulating waste management that exist in the domestic legal system recurrently refer to the objectives and other values of the EU law. Thus they become an element of a broader European mechanism of environmental protection. The importance of values and, in many cases, the over-national character of the objectives strengthens the position of extra-linguistic directives in the process of interpreting the provisions of waste management law. This trend gets also reinforced by significant systemic changes currently taking place in this particular area of law, which is based on a complete re-evaluation of the principles of waste management through the construction of a closed-cycle economy system. The derivational concept of law interpretation, authored by Maciej Zieliński, due to its specific interpretative features, may be regarded as a crucial tool in the process of reconstructing the purpose of a legal norm in this intensely changing legislative area. The inspiration to discuss the issue brought up in the article is the demand, which has been raised for some time by legal dogmatics, to combine the theoretical-legal reflection with the problems of exact legal sciences as often as possible.

Recenzja wydawnicza monografii Adrianny Ogonowskiej, Prawna ochrona wód morskich Morza Bałtyckiego przed zanieczyszczeniami ze statków. Aspekty prewencyjne, Wydawnictwo C.H. Beck, Warszawa 2021, ss. 259

Author(s): Monika A. Król / Language(s): Polish Issue: 14/2021

Sprawozdanie z ogólnopolskiej konferencji naukowej „Zawody zaufania publicznego – tradycje i wyzwania współczesności”

Author(s): Kamil Dąbrowski / Language(s): Polish Issue: 14/2021

LE PROBLEMATICHE DEI SINISTRI MARITTIMI NEL PENSIERO DI CALLISTRATO

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2021

The research intends to examine the particular methods through which the jurist Callistratus dealt with the problems connected to maritime accidents and in particular to shipwreck, with special regard to the legal repercussions that ensued both in terms of the distribution of consequent risks and in terms of protecting and safeguarding transported goods.

SULLA CONDIZIONE GIURIDICA DEI „CAPTI A PIRATIS“ FRA TESTIMONIANZE LETTERARIE E GIURIDICHE

Author(s): Linda De Maddalena / Language(s): Italian Issue: 2/2021

What was the legal status of those who were captured by pirates? Certainly not the servile one, as emerges from the texts of Ulpianus (D. 49.15.24) and Paulus (D. 49.15.19.2). However, the fact that the prisoners were frequently sold as slaves by pirates in the markets raises numerous legal questions about their actual status libertatis. The deplorable phenomenon of the sale of free men ‘capti a piratis’ is also in literary sources and it is in the light of these testimonies that I try to provide a contribution to the study of the ‘de facto slavery’ of prisoners of the marauders of the sea.