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Právnofilozofické názory Františka Deáka

Author(s): István Stipta,Károli Gáspár / Language(s): Slovak Issue: 3/2015

The essay reviews the general theories of one of the most remarkable reform politicians of Hungary, Ferenc Deák on law. A part of the professional literature debates whether the famous politician had any coherent and reasoned philosophical concepts are based on his essays. This paper attempts to justify that the pragmatic politics and legislative activity of Deák was led by conscious principles of natural law. In his system of ideas, not only progressive antique and humanistic elements but also the modern philosophical trends of the 18th century are present. Deák considered law and morality to be in an organic unity. As a politician and legislator, his main idea was the respect of law, the attachment to acts and the strong belief in moral fortitude.

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Dignity, healing, and virtue: Bioethical concerns in Kazuo Ishiguro’s Never let me go

Author(s): Ivan Lacko / Language(s): English Issue: 2/2024

The article aims to examine bioethical concerns presented in Kazuo Ishiguro’s 2005 novel Never Let Me Go, focusing on the lives of cloned beings who become organ donors for non-cloned humans. The analysis addresses such ethical implications of cloning and organ donation as dignity, healing, care, and virtue. Through the lens of utilitarian and virtue ethics, the analysis focuses on the novel’s portrayal of these characters, examining how these models function in the narrative and enhance its literary effect. Ishiguro’s text highlights some of the bioethical concerns surrounding clone characters in fiction. The novel questions whether clone characters are part of a social transformation or if they are part of the existing distinction between nature and artifact. The bioethical understanding of human dignity is emphasized, as it is intrinsic to every human being.

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Създава ли НК престъпност?

Author(s): Boris Velchev / Language(s): English,Bulgarian Issue: 2/2024

The article discusses the shortcomings of the current Criminal Code, which can lead to innocent people being accused of crimes. In the article, examples of outdated provisions, unclear provisions, and criminal provisions that could be more successfully sanctioned through administrative legal means are examined. The author concludes that these deficiencies in the current criminal justice system can be addressed by adopting a new Criminal Code.

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Административните преюдиции по НК от гледна точка на правните множества

Author(s): Izabela Chakarova-Dimitrova / Language(s): English,Bulgarian Issue: 2/2024

This article presents a view on the administrative prejudices in the Criminal Code from the point of multiple offences. The author attempts to define the “peculiar” multiple offences and to outline their most important characteristics. This article dwells on the general regularities and prerequisites for the “peculiar” multiple offences.

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Dignitas infinita – kontinuita nebo úkrok

Author(s): Jakub Polívka / Language(s): Czech Issue: 95/2024

The declaration "Dignitas infinita" issued by the Dicastery for the Doctrine of the Faith on April 8, 2024, emphasizes the infinite dignity of all human beings regardless of their circumstances. Unlike previous documents, this declaration extends the concept of human dignity to all stages of life and various situations, from conception to coma and agony. It argues against theories that deny dignity to unborn children or people in irregular life situations. The declaration draws on the teachings of Pope John Paul II and Pope Benedict XVI, highlighting the Church's commitment to defending the dignity of the weak and voiceless. It also addresses contemporary issues such as poverty, war, migration, human trafficking, violence against women, abortion, gender ideology, and euthanasia. The document underscores the Church's stance on the sanctity of life and the importance of respecting human dignity in all its forms.

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Kán. 1311 § 2 – vstupní brána do nové VI. knihy CIC

Author(s): Marián Bartoloměj Čačík / Language(s): Czech Issue: 93/2023

The text is derived from a paper presented at the Church and the State conference held on 7th September 2023 in the Faculty of Law, Masaryk University, Brno. It deals with the broadening of the first canon of the revised Book VI of CIC through the addition of § 2, in which the author finds and analyses the basic principles of canon penal law. On the one hand, the article highlights the general principles on which penal law in the Church is to stand and which we can recognise in it, but at the same time it also mentions some of the ambiguities that this canon and the whole of Book VI of CIC have introduced.

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Trestný čin nahrávání a zveřejňování zpovědi: skutkové podstaty a vývoj v kanonickém trestním právu

Author(s): Šimon Polívka / Language(s): Czech Issue: 93/2023

The provisions of church laws regarding the sacrament of reconciliation consistently protect not only the penitent, but also the confessor and the sacrament itself, its inviolability and trustworthiness. These norms include a strict ban on recording or listening to the confession using technical means, as well as a ban on publishing the content of the confession in the media. The provision applies not only to the perpetrators of the said crimes, but also to everyone whose cooperation was necessary for the commission of the crime. Due to their seriousness, the listed crimes are reserved for the Dicastery for the Doctrine of the Faith.

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Změny v právu zasvěceného života od promulgace Kodexu kanonického práva z r. 1983

Author(s): Damián Němec / Language(s): Czech Issue: 93/2023

This article presents the changes in one sub-area of the law of the Latin Catholic Church: the law of consecrated life, from the 1983 promulgation of the Code of Canon Law to the present, i.e., to November 2023. These changes result both positively from a response to the charismatic element of the life of the Christian community and negatively from shortcomings in the practice of consecrated life. The presented changes concern order of virgins, the preparation and establishment of Institutes of Consecrated Life and Societies of Apostolic Life, non-clerics as superiors in clerical Institutes of Consecrated Life and Societies of Apostolic Life, the administration of property, the exclaustration, the permission to departure for members with temporary vows or other commitments and the dismissal of members, and extensive modifications concerning the monasteries of nuns. In the conclusion, these changes are categorized into three groups: the emphasis on the principle of subsidiarity by strengthening the autonomy of the internal superiors and their councils (which includes an emphasis on the element of synodality), centralization with an accent on the authenticity of consecrated life, and regulations for areas not yet addressed or insufIciently addressed.

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Sľub a prísaha v Reformovanej kresťanskej cirkvi na Slovensku

Author(s): Alfréd Somogyi / Language(s): Slovak Issue: 93/2023

The author of the article analyses the current practice of oaths and vows in the Reformed Christian Church in Slovakia, identifies the difference between an oath and a vow, discusses the theological issue of vows and oaths, and points out the clear prohibition of some forms of oaths in the Holy Scriptures. He provides a brief theoretical overview of oaths in light of the history of canon law. He then discusses the practice of vows and oaths in the Reformed Christian Church in Slovakia. Oaths and vows are taken by ministers and laity alike, in disciplinary proceedings, when accepting ecclesiastical ofIces, as well as at confirmation and marriage ceremonies. The question of the vows of the ministers is specifically dealt with. In the conclusion of the study, the author offers suggestions on how the practice of oaths and vows in the Reformed church can be better theologically grounded and based on biblical pillars.

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29. ročník brněnské konference Církev a stát v září 2023 mimořádně úspěšný

Author(s): Jakub Nagy,Jiří Rajmund Tretera,Záboj Horák / Language(s): Czech Issue: 93/2023

The 29th annual conference "Church and State," was held on September 7, 2023, at the Faculty of Law, Masaryk University in Brno, organized by the Department of Constitutional Law and Political Science and the Society for Church Law. The conference aimed to discuss the history and current development of canonical and confessional law. The event featured presentations on new criminal law in the Catholic Church, reserved delicts, and modifications of automatic dismissal from religious institutes. Key speakers included Dr. Bartoloměj Čačík, Prof. Damián Němec OP, and Dr. Šimon Polívka. The conference also addressed the legal status of unborn human life and changes in Eastern Catholic Church law. The final session focused on the concept of conscientious objection in legal practice. The conference concluded with a lively discussion on the terminology of pregnancy termination and its legal implications.

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Z kanonistické konference Inter Concilium et Synodum v Lublinu

Author(s): Monika Menke / Language(s): Czech Issue: 93/2023

The conference "Inter Concilium et Synodum," held in Lublin on October 18, 2023, to mark the 40th anniversary of the promulgation of the 1983 Code of Canon Law. Organized by the Department of History, General Norms, Sacramental Law, and Institutes of Consecrated Life at the Catholic University of Lublin, the conference gathered around 50 canonists and theologians from Poland, the Czech Republic, and Germany, including a representative from the Apostolic See. The event focused on the theme of synodality, currently a key topic in the XVI Ordinary General Assembly of the Synod of Bishops in Rome. Presentations covered various aspects of synodality, from its historical development to evaluations of the German Synodal Path. Key speakers included Aleksandra Brzemia-Bonarek, Lidia Fiejdasz Buczek, and Elżbieta Szczot, who moderated the sessions. The conference also featured discussions on the role of church advocates, the institution of the Synod of Bishops, and the development of consecrated life law. The event concluded with a reflection on the significance of synodality in the contemporary Catholic Church.

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10. mezinárodní konference o filozofii a kanonickém právu v Prešově

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 93/2023

The 10th International Conference on Philosophy and Canon Law held in Prešov from November 10-11, 2023, organized by the Greek Catholic Theological Faculty of Prešov University and the Theological Faculty of the Silesian University in Katowice, focused on "The Living Temple of God" and Joseph Ratzinger's prophetic testimony about the Church. The first day covered various philosophical topics, highlighting the inseparability of philosophy, theology, and the life of the Catholic Church in Ratzinger's thought. Discussions included the significance of Benedict XVI's exhortations, the connection between liturgy and life, and the pastoral importance of his messages. The second day centered on canon law, examining Ratzinger's documents related to canonical law and their impact on civil law. The conference emphasized the depth and coherence of Benedict XVI's ecclesiological thought and its influence on disciplinary measures. The event concluded with reflections on the relationship between liturgy and canon law, and the broader implications of Benedict's critique of secular law.

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Everyone’s watching you: The future of society in Dave Eggers’s The Every

Author(s): Catherine MacMillan / Language(s): English Issue: 4/2024

This article explores Dave Eggers’ s 2021 dystopian novel The Every from the perspective of philosopher Roberto Esposito’s intertwined concepts of community and immunity, as put forward in his books Communitas (1998), Immunitas (2002), Bios (2004), and Common Immunity (2023). In Eggers’ s novel, The Every is a gigantic, world-dominating corporation which, through soft totalitarian means, seeks to create a utopian, peaceful, politically correct, and environmentally friendly world. It thus aims to immunise the world from the violent void at the heart of community by encouraging surveillance (of self and others) through a wide variety of apps. However, in its attempt to create a homogenous, peaceful world, The Every arguably suffers from an excess of immunisation from Esposito’s perspective. This results in an autoimmune crisis, leading to both the exclusion of large swathes of the population, such as the poor or the technophobe Trogs, and to increased mental illness and even suicide among those subjected to constant surveillance and self-censorship.

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Res divini juris as res extra commercium: a Comparative Analysis of Doctrine and Case Law

Author(s): Anatoliy A. Lytvynenko / Language(s): English Issue: 3/2024

The Roman law doctrine res extra commercium has excluded certain objects from civil-legal transactions, some of which were related to divine service or otherwise religious purposes. The Roman law doctrine designated them as res divini juris, which referred to all the objects dedicated to the Gods. The theory of res divini juris developed predominantly in civil law jurisdictions based upon the basis of the old Roman law doctrine, and could be found in legal literature, textbooks, legislation and, case law. Since the times of the Ancient Rome, the attitude to the legal status of res divini juris gradually alterated, as well as the scope of its encompassment. Despite being formally excluded from any civil-legal transactions, such objects ceased to be completely excluded from legal relationships and disputes, and are afforded with proper legal protection. Throughout the ages, courts in different states have applied and discussed the doctrine of res divini juris in various legal disputes. Complicated legal disputes concerning res divini juris also arise a question, of whether res divini juris are always res extra commercium, and if not, what are the exceptions from the rule, if any? Finally, could it be estimated, what chattels may belong to res divini juris? Do the valuable archeological findings belong to res divini juris? The article discusses the existing law doctrine of res divini juris and the applicable case law in a form of a comparative analysis in order to establish the legal status of res divini juris.

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Polygraph Examination in Lithuania: History, Legal Framework, and Practice

Author(s): Laimutis Kraujalis / Language(s): English Issue: 2 (60)/2024

Polygraph has had more than 30 years of extensive history in Lithuania. This paper offers an overview rather than in-depth research into how polygraph developed in Lithuania in last three decades. There are similar articles about legal and practical aspects of using polygraph in Lithuania published in Lithuanian, with one of them having been published in European Polygraph in 2007 (Kraujalis et al 2007) nevertheless, the author evaluates current situation of the polygraph in Lithuania.

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THE NORMATIVITY OF LIMITED COMPANY UNDER JOB CREATION LAW REGIME IN INDONESIA

Author(s): Setijati SEKARASIH,Abdul Rachmad Budiono,Sukarmi Sukarmi,Budi Santoso / Language(s): English Issue: 29/2023

The concept of a limited liability company based on Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja) through Government Regulation in Lieu of Law Number 2022 concerning Job Creation (Perppu Cipta Kerja) after being declared conditionally unconstitutional by the Constitutional Court, has now found its foundation again. This article examines the normativity of limited liability companies after the Perppu Cipta Kerja in two focuses. First, it relates to the legal ratio for the establishment of an individual company, and second, the normativity of an individual company from the perspective of Critical Legal Studies. Based on the type of normative research supported by conceptual, statutory, and philosophical approaches, this article concludes two: First, the legal ratio for the establishment of individual companies in the Perppu Cipgta Kerja is the government's great desire to provide convenience for MSEs in doing business and creating jobs. Second, based on the analysis of trashing, deconstruction, and genealogy, individual companies in the Perppu Cipta Kerja are still full of liberal individualism with a capitalist economic system style.

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Judicial syllogism - integrating non-monotonic logic in a deductive logical form

Author(s): Codrin Codrea / Language(s): English Issue: 2/2024

The judicial syllogism represents one of the most significant and widely accepted applications of logic in the field of law. Alongside the legislative syllogism, it is a part of the broader conceptual framework commonly referred to as the legal syllogism. This logical structure is classified as a type of mediate deductive inference, which proceeds from general to particular statements - a reasoning process traditionally associated with the dictum de omni principle. Although intuitive and traditionally accepted for offering the proper structure for the application of law, the judicial syllogism is inherently static due to its foundation in classical mediate deductive reasoning. It does not accommodate the dynamic nature of judicial processes, where addressing quaestio juris and quaestio facti may modify the premises, thereby altering the conclusions. Therefore, this article intends to analyse the classical types of mediate deductive inferences, the static nature of the judicial syllogism and the shortcomings of this monotonic type of logic where the conclusion does not change once it is derived. After analysing the points in the construction of the judicial syllogism, the article also proposes a way of integrating non-monotonic logic in the elaboration of the judicial syllogism in order to capture the actual dynamic of judiciary processes of applying law to particular cases, without altering the overall structure of the judicial syllogism. The operationalization of this theoretical framework could be of practical relevance in developing computational tools, especially in AI applications.

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Can Space Resources and Common Heritage Be Successful Intertwined? A Historical Analysis of the Sea and Space

Author(s): Charles Bird / Language(s): English Issue: 1/2025

This paper addresses the coming need for a regime governing space resources and the existing concept of “Common Heritage of All Humankind”. In the first section the concept of “province of all mankind” found in the Outer Space Treaty is analyzed. This is followed by examining how the concept of common heritage of all mankind developed in connection to the Convention on the Law of the Sea and resources located on the seabed. Following its use in the Moon Agreement and the U.S. Artemis Accords are addressed in relation to the Moon Agreement. Finally, the recent Law of the Sea Convention Agreement concerning marine genetic materials is examined. The author concludes with recommendations for a future space resources regime.

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International Seminar Law and Emotions in William Shakespeare’s Plays, Szczecin, 18–19 June 2024

Author(s): Katarzyna Jaworska,Maciej Jońca / Language(s): English Issue: 1/2025

The international seminar "Law and Emotions in William Shakespeare’s Plays," held on June 18-19, 2024, at the University of Szczecin, explored the intricate relationship between law and emotions through the lens of Shakespeare's works. Scholars from various disciplines, including law, psychology, history, philosophy, and literature, examined how emotions influence legal decision-making, crime, and social attitudes toward justice. The seminar featured thematic panels on plays such as "The Merchant of Venice," "Hamlet," "Richard III," and "Measure for Measure," discussing topics like gender, religion, justice, revenge, and theodicy. The event highlighted the dynamic interplay between emotions and legal actions, the role of emotions in shaping legal narratives, and the contemporary relevance of Shakespeare's portrayal of human feelings. Contributions from international scholars enriched the discussions, offering new perspectives on the intersections between law, emotions, and literature.

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AVORTEMENT EN POLOGNE, ÉTERNEL PROBLÈME SOCIAL, POLITIQUE ET JURIDIQUE

Author(s): Katarzyna Kubuj / Language(s): French Issue: 24/2021

Le problème de l’avortement suscite de grands émois en Pologne depuis des années. Le différend oppose les partisans du renforcement et ceux de l’assouplissement de la loi relative à l’interruption volontaire de grossesse. Il a été relancé à l’occasion des propositions d’amendements législatifs et des décisions du Tribunal constitutionnel, plus particulièrement celle du 22 octobre 20201 qui a fait en sorte que le débat – bien qu’entravé pendant la pandémie et les circonstances extraordinaires qui en résultent – soit toujours présent dans les rues des villes polonaises.

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