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The article shows the importance of the language of judicial interpretation as one of the types of legal interpretation. The basic features of the language of judicial interpretation prompted the author’s definition.
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The article claims that through analyzing the legislation of Hungary's first mon-arch Istvan I, one can specifically notice the realization of the principle ubi civitas, ibi ius. Namely, while setting the foundations of the state (civitas), the first Hun-garian souvereign, being gifted with a very broad European culture, managed to take into account both the universal nature of law and the necessity to preserve the national traditions of his people. The modern and global views of Istvan I, who successfully united Ius Romanum – or to be precise Ius Graeco-Romanum – with the legal customs of his own people, played a vital role in connection to Hunga-ry's European integration at that particular era.
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In the light of the general principles of law, understood as a legal system of Roman origin (ars boni et aequi), and despite the deviations from the Italian legal system and hence this sort of involution, the judges can use an ancient instrument which still today fulfils the function of defence of the conceptus, the woman, the weaker parts of society and of society itself. Roman Law defended human life right from its conception. When referring to the unborn child the jurists made use of quite a concrete and simple terminology, for example qui in utero est, partus, venter and not the mere conceptual abstractions which are commonly used today by the doctrine or the legislators (subjective right, subject of right, juridical capacity), which are quite complex concepts that inevitably distance us from the “human things” and which are difficult to understand even in Italian. The Roman praetor created the figure of the curator ventris to protect the child in womb, the woman end the res publica.
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In the area of the maritime law in the period between the year 600 and 800, the law Nomos Rhodion nautikos was passed, the maritime law which during the following centuries was a part of the Byzantine legislation, through the assignations of the Basilica, more precisely as the eighth title of the LIII book. The maritime law Nomos Rhodion nautikos, was most likely passed during the reign of Lav III, on the passing from the VII to the VIII century, before the Basilica was passed. Even though the text of the law was based on the principles and rules of the Roman law, it represented an individual and original legislative work in which a number of digressions from Roman naval law took place, and which regulated this area of law in the way which met the needs of the society in the period when it was made. The Nomos Rhodion nautikos code contained forty-seven articles which regulate different issues from the area of the naval law. By the assignations of this law what was regulated is the following: the legal status of the ship crew, the contract on the transport of goods, the contract on the ship lease, the naval ship-lease deposit, the shipman’s accountability, damage, shipwreck, saving and helping at sea, paying the shipcrew and giving certain rewards to the saviours of the ship and the shipload in the course of accidents at sea, etc. The maritime law also contained the penalty regulations, which by its content corresponded the solutions from the Byzantine law of the VII and VIII century. The maritime law held a particular importance for the naval and legal regulations of the medieval towns, because under their influence the by-law regulations of the medieval naval towns of the Western Mediterrranean were created, into whose hands the naval trade was passed after 1204. The relation between the Byzantine law which represented the continuance of the Roman law and medieval towns in the region of the previous western part of the Roman Empire, could also be recognized in the area of the trading law, and particularly in the area of the maritime law.
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In the thematic context of the Fifth International Conference of the Balkan Association of Roman Law and Roman Law Tradition "Societas pro iure romano" I would like to make some observations on the impact exercised by Roman law in the elaboration of the canonical order of the ecclesia catholica. The following annotations address the genesis of the patriarchal institution, to reveal its original Roman legislative concept. Moreover, the identity of the patriarchal function today constitutes a question not entirely unrelated to the conflicting opinions, found in Orthodox circles, regarding the recent proclamation of Ukrainian autocephaly.
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Ante Romac and Dragomir Stojčević, one a professor at the University of Zagreb and the other a professor at the University of Belgrade, have left a mark on a time period with their work, and implanted their opus into the foundations of romanistics on Yugoslav territory. Their scholarly opus was big, and their cooperation fruitful. With all the greatness of their opus, it is worth particularly highlighting their joint work on a collection of rules and sentences of the Roman law in Latin Dicta et regulae iuris and the famous monograph by professor Romac Dictionary of Roman Law. By means of a specific scholarly approach with explanations and a specific methodology of presenting and defining the institute of Roman law, these books have become a classic of Yugoslav romanistics.
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The article examines some terms such as officium, munus, honor, used in roman legal and literary sources and which correspond broadly with its own terms of modern administrative law such as public function, public office or employment or competence.
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Unclear distinctions between arbiter and iudex and thereby the difficulties and inconsistencies of understanding accurately the legal nature of arbiter in Roman law were primarily conditioned by the vague differentiation between arbitration and court procedure per formulas. The legal sources indicate that the precise meaning of an arbiter could be reached only from case to case analysis because it seems that this term and institute signified only a basic concept or an idea, or even a common denominator of a wide spectrum of decision makers that dealt with disputes differently than the iudex in court procedure. In different localities, disputes, among different disputants and on the grounds of different arbitration arrangement an arbiter receive substantially diverse meanings, roles and functions. Moreover, at least sometimes even the Romans themselves might use the terms iudex and arbiter indiscriminately. The problem did not go unnoticed by the scholars who study Roman law and was to some extent elaborated and clarified which provides better understanding of this specific procedural phenomena, but still requires the ongoing work and analyses of the legal sources. Although the Romans used the term arbiter to denote more a universal concept than a complex role and function of an individual decision maker in an actual case, the term and the specific language referring to him, as well as the differentiation between more types of arbitri, survived in late antiquity and were transferred to the Middle Ages and the procedural treaties of the time.
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One of the main areas of Diocletian’s reforms was the state administration. His interventions, made in the administrative mechanism, were so far-reaching and fundamental that there is almost nothing left from the old system. Diocletian's measures were aimed to strengthen the authority of the Emperor and to made states governance more centralized. Inevitably, those changes have resulted in the increased bureaucracy and also in the enormous enlargement in the number of civil servants. When entering the service civil servants take an oath, and they were also obligated to pay a certain sum of money to their superiors. In all those facts mentioned one should find the roots for bribery and corruption. In order to get to the position of civil servant, which has been appreciated and which provided certain privileges, one did not hesitated from giving money and other valuables. Attempts to stop the bribery and corruption with espionage and mutual denunciation were quite unsuccessful, as even the abuse of the secret police. The aim of Diocletian and his central government, which consisted in building well-organized administrative machinery, which would be able to manage all affairs of the state, was not met. Bribery and corruption are the main reasons for the failure of this well-conceived system. However, we should not forget that time in which Diocletian lived certainly require new ways of governance.
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The article is a review of Gianni Santucci's book "Roman law and European rights. Continuity and discontinuity in legal figures "(Diritto romano e diritti europei. Continuità e discontinuità nelle figure giuridiche), published by Il Mulino Editore in Bologna in 2010. It presents the main chapters of the study dedicated to an in-depth and unconventional analysis of some significant institutions and their transition to European legal systems. The author not only follows the main ideas and arguments of Santucci, but also presents his views on the topic, following other authors in the footnotes. From this point of view, the review is important not only in view of the presentation of Santucci's book, but also in provoking interest in this kind of research on European law.
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The purpose of this article is to look at the topic of homosexuality in ancient Israel’s legislation and to analyze the specific regulations on this issue. The issue of homosexual acts appears clearly twice in the Torah, in Leviticus 18:22 and 20:13, in both cases alongside other intimate practices prohibited by Law. Both texts are discussed in the article together with their context, and then possible interpretations – the traditional ones, and those proposed in recent years. The latter try to demonstrate that the content of biblical legislation is not clearly opposed to homosexual relations (unlike how it was interpreted in the Jewish and Christian traditions). The article additionally – in the discussed context of the legislation on homosexuality – analyses two biblical texts possibly dealing with male sacred prostitution (Deut 23:18-19 and possibly also Leviticus 18:21).
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The sexual crime of clergy is a controversial phenomenon. The Church is associated with highly developed ethical and moral norms. Until recently, it was common to believe that clergy are excluded from secular responsibility. The article presents the characteristics of criminal and canonical responsibility of clergy. An analysis of the literature indicates that the punishment received by a cleric from one legal system does not relieve or replace the punishment imposed in another system. It can even be said that the cleric is subject to double responsibility. The first under secular law and the second under canon law.
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Review of: Lesław Krzyżak - Justyna Krzywkowska, Współdziałanie państwa i Kościoła rzymskokatolickiego w Polsce w zakresie opieki i wychowania dzieci zgodnie z przekonaniami rodziców, Wydawca: Wydział Prawa i Administracji Uniwersytetu Warmińsko-Mazurskiego w Olsztynie, Olsztyn 2018, s. 225.
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The post-war internal policy of the communist authorities of the Polish People’s Republic was aimed at taking over all aspects of social life. Therefore, this policy could not ignore the interest in the community dimension of human religiosity, as it was seen as a threat to building a new order based on a materialistic vision of a man. There was no room in such an approach for harmonious cooperation between the state authorities and the Catholic Church. Even the need to rebuild the country after the war, especially in the so-called “Recovered Territories”, and to create the state administration from scratch and organise social life did not induce the authorities to seek a mutual understanding. On the contrary, the process of the systematic removal of the Church from public life was initiated. A specialised governmental body for Church matters was created to achieve this goal. At the central level, it was the Office for Religious Affairs, while in provinces, local units were established to interfere with the activities of particular churches. One of them was the Department for Religious Affairs in Zielona Góra, which covered all matters concerning religious associations, especially Church administration in the capital, Gorzów Wielkopolski. The Department tried to shape the religious policy by influencing the filling of Church positions and issuing orders aimed at obtaining supervision over the seminaries and parish catechesis. Decisions were also made regarding the disposal of sacred and Church buildings, and, in matters related to the financial activities of the Church, opinions were given by the financial departments of the state administration before making the decision. The Faculty’s policy was not independent. The action plan towards the Gorzów Church was developed by the Department for Religious Affairs in Zielona Góra in conjunction with the Administrative Department of the Provincial Committee of the Polish United Workers’ Party and the 4th Department of the Provincial Citizens Militia Headquarters. Finally, it consulted with the Administrative Department of the Central Committee, as this was the committee that pursued the long-term goals of the denominational policy defined by successive conventions of the Polish United Workers’ Party. Detailed instructions for the Faculty of Zielona Góra also came from the Office for Religious Affairs in Warsaw, which participated in the preparation of individual legal acts concerning the Catholic Church and supervised the religious policy conducted in local departments. All these activities were to serve the planned atheisation of society.
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Taking up the value of administration in the law of Church, the author begins his reflections with a look at the history of administration of the Church. Then, he describes the different forms of administrative acts to define the fundamental forms of administrative recourses. The last part of the author’s reflections is devoted to the conclusions and the future of the administrative law in the Church.
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In the presented study, the subject of the author’s attention was the issue of the reasons for changes in the canons in the area of the 1st Book General Norms and the material marriage law of the Code of Canon Law introduced under the motu proprio De concordia inter Codices. By analyzing the content of the motu proprio he showed that the first reason was the desire to fill in the legal loopholes appearing in the Code of Canon Law with reference to the Code of Canons of the Eastern Churches of 1990. As the second reason he recognized the migration process of the modern population, including the faithful who belong to the Eastern Catholic Churches. In his opinion, the legislator, through making clear and good law, wanted to make it easier for them to adapt to the new and often difficult reality.
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The following study is focused on the topic of liturgical wine according to the Holy Canons of the Orthodox Church. As we know, in the various liturgical acts of our Church wine is used, along with other elements as bread or oil. The most important use of the wine is in the Holy Eucharist, where wine becomes the Blood of Christ. This is the reason why the liturgical wine must correspond to the canonical prescriptions that inquire the use of a wine with a certain quality. We will emphasize the fact that the Canonical Tradition of the Orthodox Church prohibits the use of crafted wine, or of wine produced with other additives and preservatives. The wine must be fermented, clear and with alcohol, without being mixed with milk or grape juice. So, the purpose of this article is to clarify, based on the Holy Canons, which are the criteria that define a wine as being canonical or non-canonical for use in the Holy Eucharist.
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The present paper offers a quantitative and qualitative analysis of constitutional references to Christianity. An examination of binding basic laws of individual states allowed the authors to determine the scale of references to Christianity and to systematize and typologize these references. As assumed in the study, “references to Christianity” include both direct mentions of Christian principles, values or heritage as well as implicit ones, i.e., references to God understood in accordance with monotheistic Trinitarianism and to individual Christian denominations, their followers and churches. Due to the fact that Christianity not only has a religious, but also a historical and cultural dimension, its references in the constitutions, in principle, do not deny the ideological impartiality of public authorities or lead to confessionalisation of the state. Neither do they violate the rights of followers of other religions and non-believers. It is an exaggeration to perceive constitutional references to Christianity by non-Christians as allegedly socially alienating and excluding. The constitutional legislator deciding to distinguish Christianity in a constitution is expected to be guided by the will of the sovereign. However, incorporating references to Christianity into basic laws should not serve as a tool of social engineering for proselytic purposes.
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Public worship between 1950–1989 in Poland was considered hostile to the idea of secular state. The state authorities regarded the Catholic Church as an ideological enemy and sought to limit the freedom of conscience and religion of citizens, pushing religion into the private sphere. Similar tactics were used in relation to one of the most important Catholic holidays – Corpus Christi. The denominational administration in Wrocław tried to limit religious expression in public spaces on that day. The assembly law, which gave the instruments to license religious processions, was used for this purpose. The measures taken by the state authorities against the Catholic Church and its believers violated the legal standards of the time. The laws were often interpreted expansively or ignored altogether. Numerous restrictions were imposed on participants of processions and the pressure was exerted, for example, through workplaces. In addition, the state authorities competed with the Catholic Church by organizing numerous alternatives. Open-air events, excursions and sports competitions were supposed to draw the faithful away from religious ceremonies. These efforts directly violated the standards of state-church separation.
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