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The aim of the article is to present two opposing visions of the common good (value) in the history of political and legal doctrines. Such outline of extreme positions allows the author to assess the wide range of doctrinal differences in particular epochs and to impose the principles of the rule of law expressed in art. 2 of the Constitution in the historical tradition derived from the ancient republicanism and political and legal thought of the Middle Ages and which absorbs the postulates of modern liberalism, republicanism and conservatism, based on the democratic model.
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It may be noted that some legislation assimilates the same legal status as marriages between persons of the opposite sex and for people of different sex, while in other countries, the legal system is different, trying some similarities, while others prohibit any formalization of home these bonds and hence the economic effects driven by them. Similarly, regulated and free union of opposite-sex outside marriage officially recognized. Also, given the fact that in Europe some states allowed gay marriage and others do not, the question of the effects of such marriages in states that do not recognize. In other words, it can make a major debate to what extent non-recognition of such marriages can be considered as a breach of Art. 12 (right to marry) and even art. 8 (right to private and family life) and even art. 14 (prohibition of discrimination) of the European Convention on Human Rights.
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Communication proposes some tests and family considerations words: legal doctrine, legal knowledge, legal knowledge, the meaning and the meanings conveyed especially in european and romanian theoretical space. Thus, if the terms of legal doctrine and legal science, both used, known - as - the theoretical approaches on the right, are synonymous, we can use random or are there reasons to use preferential its just one tooth, depending on context? It justifies the elimination of one or the other in the field of scientific research ? If there are different or partial identity, what the differences of meaning and purpose and epistemological implications about legal knowledge ? What relationships exist between legal doctrine, legal science, legal knowledge ? Therefore, we propose not merely linguistic - etymological considerations or purely epistemological.We argue that the decisive control solution adopted understood how legal knowledge, nature and its potential, with major implications for legal and social practice. We conclude, following summaries considerations, the coexistence phrases " legal doctrine " and " legal science " in the contemporary legal knowledge and no question repudiation of one or the other. But not all have the same meanings conveyed epistemological value and oscillates depending on the context of the unacceptable, the harmful and desirable. These phrases may know the identity of the contemporary spirit, to the extent that legal doctrine promotes specific legal phenomenon, but is open to acquisitions and contemporary philosophy of science, complex approaches, interdisciplinary methodological arsenal, by accepting that legal practice involves how inherently legal theory, the aspiration of new degrees of science, including legal problem of the future, by integrating general knowledge network.
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The aim of this article is to discuss the infrequent, but noticeable, practice of inserting photographs in court decisions. Against the background of the few existing studies on this practice, which seem to be overly case-specific, this article proposes a more general, even universal list of problems connected with it. It addresses a short list of questions about the inclusion of photographs in court decisions, such as, for instance: “Why do judges include in court decisions photographs concerning the case-relevant facts?”; “Who are the addressees of these photographs?”; “What is the source of the photographs used and are all sources allowable?”; and “How come that some segments of court decisions are accompanied by relevant photographs and others are not?”. A discussion of these and other questions enables the conceptualisation of many problems connected with inserting photographs in court decisions – most notably, that of the criteria of choice, which previously has not been explicitly addressed, but barely hinted at – and leads to the conclusion that the practice in question, surrounded by many controversies, should be discontinued.
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The article discusses equitable law with reference to the perspective of the system of statutory law. The author founds the substantive theory of equitable law on the following values: truth, good, justice and human dignity. The paper defines the understanding of these values. Then, it indicates that they should be respected in legislative activities (in lawmaking) as well as in the application of law so that the law (norms) and decisions should be equitable. It is also emphasised that equity is “an instance” that can protect the man and his dignity – the dignity of the human person.
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Realization of the right involves "transforming the rule of law - as a theoretical concept ‒in the real social relations", a work which takes two forms: making the law enforcement activity and compliance with laws and conducting law by applying legal norms by state bodies.
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Komplexitás, modellértékűség: eszmények, korlátok
Science is the systematic processing of knowledge on the world, sensed by human perception. The humanities, as peculiar part of scholarship, are based on the generalisation of historical experience. While scientific knowledge tends to get generalised, experience is particular from the beginning: it is defined from wherever and whenever it has been gained (or by what has been experienced hic et nunc), so it is limited in generalisability. As a subject of legal scholarship, law is (1) a global phenomenon embracing society as a whole, which is (2) able to settle conflicts of interests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society. Law – taken as (a) normatively considered social behaviour, (b) positivation, (c) decision making and/or enforcement by the authority, as well as (d) their commentary/doctrine – is an accessory subject of legal scholarship at the most; in no way it is an internal part thereof.Based on experience – as to its ideal type, best exemplified by the English tradition – legal scholarship is historical and comparative, directed by theoretical considerations. Systemically developed concepts, principles and institutions, ready to generalisation – best exemplified by the Latinic/Germanic tradition – can only be built on the former.All its foundation is provided by the ideal of ordo, developed by the world concept of the given society/culture. In its concretisation, particular legal sciences are formulating notions, principles and institutions. This is textual analysis in so much the inquiry is historical; this is empiric in so much it is of a social scientific character. Their scholarly developed connection is at the level of “legal science” only provided that it transcends the accidentality and practice-dependent variety of individual legal cultures and national laws. No law in books or action can be more relevant to it than any engineered product to exact sciences, for all these are nothing but parts of practical action or the policy thereof.Jurisprudence, taken as the conceptual modelling of a part of reality, is a historical offspring of the ideal of scientia materialised first in geometry and second in theology. Or, it is a kind of theoretical doctrine: potential and competitive, albeit organised into a coherent system. And as the humanities in general, it is at the same time an ideal-type reflection and form-giving factor – that is, genuine artificer – of the man’s world.
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The purpose of this study is to review the role of the University of Kolozsvár in renewal of Hungarian legal philosophical thinking. So that will be presented the activity of Viktor Jenei, Rudolf Werner, Bódog Somló, Gyula Moór, Barna Horváth, István Bibó, József Szabó in Kolozsvár.
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Nowadays, the impact of the cultural factor seems to be restricted, based on the globalization tendency which exists. However, in regard to the negotiation of contracts between partners from different states, this impact presents significant importance. The present study aims to describe some aspects of the way in which the multiculturalism of parties influences the process of negotiation, as well as the legal provisions, without claiming to exhaust the subject. We have also considered the unified regulations which govern this matter.
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The question of legal education is recognised as important along various dimensions and thus has been in the focus of attention of numerous distinguished legal scholars and practitioners all over the world. The problem of legal education includes not just methodological issues, but also the issues that are par excellence philosophical in nature. Legal education has a specificity that arises from the nature of law and its complexity, and is related to the personal dimension of this education. The process of education should be organised in such a way that students should be in contact with members of the legal community whose authority, moral and subject matter-related attributes play a vital, formative role in legal education. The author tries to confront the didactics-related reality with ideals and postulates present within this field. Yet, it is revealed that such a reality is hidden below a “thick layer” of myths, which have grown around legal education. These myths blur the real picture of lawyers’ education, creating a kind of legal education mythology. Two types of systemic legal myths are indicated. The first one is built on the paradigm of university legal education. The other type is based on the paradigm of university studies.
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This article presents and discusses the thesis that the Socratic method for teaching Criminology advances students’ capacity for self-reflection and enables progressive transformative criminal justice outcomes. In contemporary pedagogics the Socratic method is one of many interactive ways of acquiring legal knowledge. The method’s outstanding feature involves global and systemic understanding of human attitudes and values, including the most current and comprehensive 2030 United Nations Sustainable Development Goals Agenda “Transforming our world”, in essence a new global ethical code underway with a spearheading concept of a global Culture of Lawfulness. Against the background of the pros and cons of this method this article presents the objectives, essentials, and results of the Socratic method for teaching Criminology at the Faculty of Law of the University of Białystok (Białystok, Poland, 2016-2018). It assesses, discusses and draws conclusions from these results in the context central to criminology Sustainable Development Goal 16 of the Agenda: “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build eff ective, accountable and inclusive institutions at all levels”.
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Unlike the previous regulation, in the current Code of Civil Procedure there are de facto rules that should give a solution to the situation in which the child refuses to leave the debtor, even if he was entrusted with a decision of the court to another person. . However, the effect of the rules in question is uncertain and the legal mechanism is inconsistent, despite the fact that it is supposed to work in compliance with the principle of the superior interest of the child. The present article does not aim to provide an absolute solution regarding how to proceed in this situation, but only to analyse some issues that have virtually no solution, as well as how they could have a positive effects, based on the existing legislation, starting from the premise observance of the principle of the best interests of the child.
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Jedno ze základních lidských práv je právo na život, které je zároveň předpokladem pro uplatnění všech ostatních lidských práv. Toto vyjádření můžeme vyřknout i v negativním znění, a to tak, že nikdo, tedy žádná lidská bytost nesmí být zbavena života. Je tedy otázkou, proč by mělo být výjimkou uložení sankce za závažné trestné činy, čili uložení trestu smrti, který to to právo na život neguje. Vyspělé demokratické státy Evropy se s touto problematikou vypořádaly striktním zákazem ukládání trestu smrti, jejich legislativa je založena na ochraně každého lidského života i v případě, že se člověk dopustil zavrženíhodného činu, tedy ani v tomto případě jeho život nesmí být zničen.
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The article has the ambition to present basic information of Alf Ross’s legal philosophy, focusing on his understanding of validity of law, concept of rights, coercion in law, as well as the purpose of the legal science from his point of view as a representative of Scandinavian Legal Realism. In addition, within the article principal facts concerning life of Alf Ross and also list of his most important publications are presented.
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