LE DISCOURS JURIDIQUE: ASPECTS NORMATIFS ET PERFORMATIFS

Author(s): Eugenia Stefanescu / Language(s): French Issue: 1-2/2011

The purpose of this paper is to present the different functions assigned to the legal discourse, to see how to structure legal discourse, to measure how the performative structure allows unification of law and then clarify the differences between the performatives of ordinary discourse and those of legal discourse. The concept of discourse has acquired many meanings in everyday language and the discourse of experts claiming various fields. In our case it is the legal field, an area to which this paper is devoted. Law is a discipline that is directly concerned with the theory of speech acts whose promoter was J. L. Austin.

Забраната “contra iustitiam iudicasse” („да се отсъжда срещу справедливостта“) в Lex Romana Visigothorum и Codex Theodosianus

Author(s): Doroteya Mihova / Language(s): Bulgarian Issue: 5-6/2015

The article provides translation of key titles postulating the interdiction “contra iustitiam iudicasse” in Lex Romana Visigothorum. The author commented on the way in which specific norms and texts are derived from the Theodosius Code, guarding the fair private and public law relations, and embodying this prohibition “to adjudicate against justice”. The focus is on the concepts of the ancient Roman iustitia, defined through its connections with the grounds of mos maiorum (the customs of the ancestors), with ancient Roman valour (virtus Romana), with freedom (libertas), with civil and personal dignity (dignitas), with the community benefit (communis utilitas) and with the common good (bonum commune), with justice and law (ius and lex), Whose ultimate goal is the just retribution of “giving each one his own” (“suum cuique tribuere”). The article also analyzes the complex metamorphoses that Roman legal moral concepts of justice and valoуr underwent (iustitia и virtus), following the transformations in the Roman values system and in the perceptions of Romanitas, accompanied by the processes of barbarisation and reception of Roman law (ius Romanum) after the fall of the Western Roman Empire in 476.

AUTOPLAGIATUL ÎN EPOCA RECICLĂRII

Author(s): Raluca Ghenţulescu / Language(s): Romanian Issue: 1/2015

Nowadays, when recycling is one of the main goals of modern world, as a way to save the planet, the academic environment is also facing the problem of “recycling”, regarded by some authors as a way to save their intellectual, financial and time resources. In this context, self-plagiarism is seen both as the result of the academic requirement to publish a large variety of scientific articles and as a consequence of the exploitation of a certain topic that is well-known to the authors, who thus risk repeating their own ideas and text structures over and over again. Legally speaking, the definition of self-plagiarism is both the publication of an article that entirely or partially copies the content of a text already published by the same author and the duplicate publication, which means submitting the same article, with an identical or different title, for publication in two different volumes or journals, simultaneously or after a certain amount of time. In their defence, the authors who resort to this dishonest practice and “recycle” their own texts say that a scientific method or procedure loses its novelty once it is made public and any other further reference to it sounds redundant. Therefore, the purpose of this article is to present in detail this topic, which raises debates among authors, reviewers and editors, with a view to making the difference between various forms of self-plagiarism and, implicitly, to describe the ethical and legal consequences of this form of academic misdemeanor.

Czy każda kultura zasługuje na obronę? Kilka wątpliwości dotyczących cultural defence i prawa karnego w dobie multikulturalizmu

Author(s): Michał Dudek / Language(s): Polish Issue: 2/2011

The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues. The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.

THE SOCIAL ASSISTANCE SYSTEM IN ROMANIA. LEGISLATIVE REFERENCES

Author(s): Florin Ionut Stancu / Language(s): English Issue: 1/2018

This article attempts to briefly review the Romanian legislation adopted after 1990 in the field of social assistance. Thus, we can say that regarding the preoccupations for drawing up the normative framework in social assistance there were two directions of action: the configuration of the legal acts of the various social benefits (allowances, social benefits, compensations, etc.) for the categories of people in difficulty and the setting up of the normative framework in order to establish the general principles and regulations for functioning of the social assistance services. Tracking the practical impact of the effects generated by the rule of law can lead to conclusions regarding to the improvement and development of the legislative framework, institutions and mechanisms that support the coherent functioning of the social assistance system as a whole.

THE END OF POLITICS: DECONSTRUCTION, DECLINE AND ALTERNATIVE OF THE STATE

Author(s): Nikola Ilievski,Goran Ilik / Language(s): English Issue: 1/2018

The paper represents theoretical investigation into the phenomenon of decline of the state. It addresses three basic and mutually connected investigation areas, introduced in deconstruction of the state, decline of the state and alternative of the state. Primarily, theories of the origin of the state are exposed, where the state’s essence is located; its function – identified and the role it has been playing – observed. In following, the decline represented as a process of transfer – with the state as its main subject, is interpreted through different prisms, particularly the one of federalism, postmodernism, decentralization and libertarianism. The specific focus is laid on the process of decline of the state, following the libertarian theoretical framework. The process is determined by the decrease of the state’s functions, occurring in certain period of time. Accordingly, the process is analyzed and divided into four phases, each of them identified with a certain type of state, with an exception. Ultimately, the alternative of the state is emerging as last phase and final outcome of the process of decline of the state, while introducing a new era, the one of no politics.

Медийната власт като основен проблем на Конституцията на Република България

Author(s): Hristina Dimitrova / Language(s): Bulgarian Issue: 6/2018

The “Fourth power” is associated more with the media, which explain to people what is happening in the respective country. In the modern society this is turning into a problem, because it appears to be a governors tool and in the same time – tool for control over the governors. The only possible solution is to reconsider and describe properly the communication rights in the Bulgarian Constitution. There have to be precisely described the rights for freely expressing personal opinion; for freely browsing, gathering and sharing information; for protecting personal data; for independence of self and for intellectual ownership.

Децата в конституционните норми на България

Author(s): Rumen Vasilev,Vesela Mareva / Language(s): Bulgarian Issue: 1/2019

The purpose of this analysis is to try to support the process of training in the legal disciplines of the students in the Social Sciences department at the Faculty of Medicine in Trakia University – Stara Zagora.The work focuses on the presentation of the main constitutional texts influencing the rights of children and institutions committed to their rights, as well as short sentences of texts of the law on judging people related to the subject. The aim is to enable students to understand the role of constitutional texts that are multiplied on our national legislation and influence the behavior of children.

Политическата антропология на Николай Бердяев

Author(s): Stoyanka Georgieva / Language(s): Bulgarian Issue: 3/2016

The article analyzes the contribution of Nikolai Berdyaev to the disclose human dimension of politics. Special attention is given to the justification of the antinomy between the individual and society, as well as the analysis of the fundamental contradictions that characterize the historical existence of man. Originality of political and philosophical ideas of Berdyaev is derived from its particular attention to the human content of social phenomena to their religious and moral evaluation.

Процедура по номинация на представител от квотата на държавния глава в СЕМ или зле организирано президентско шоу

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2012

The article analyzes the requirements for the position "a member of CEM" from 1997 to 2012. It discusses the law enforcement by the presidential institution during that period and comments the first initiated in 2012 "a nomination procedure."

Педагогически аспекти при прилагането на Наредбата за приобщаващо¬то образование

Author(s): Stanislav Pandin,Yordan Kostov / Language(s): Bulgarian Issue: 3/2019

This article does not claim exhaustiveness. It reflects the position of deputy directors, teachers and other pedagogical specialists as regards the philosophy of the Inclusive Education Ordinance on the territory of kindergartens, schools and other educational units. The mentioned pedagogical specialists participated in the summer training courses of the National Center for Enhancing the Qualification of Pedagogical Specialists in Bankya in 2018.

Measuring Crime and Morality: The bureaucratic life of a novel concept under the Habsburg Monarchy in the late 18th and first third of the 19th century

Author(s): Pavel Himl / Language(s): English Issue: 2/2022

This article explores the concept of “morality” as it developed in the field of criminal justice under the Habsburg monarchy during and after the Enlightenment reforms. Two penal codes, ratified in 1787 and 1803–1804, established a new, separate category for serious police offences with a heavy focus on acts against morality. Some of these offenses were grouped according to their explicitly public dimension, like endangering the public peace or serving as a bad example. Morality was also considered when administrative officials reviewed data gathered from new statistical overviews of crime, which had been compiled in the Habsburg monarchy since the 1810s. In contrast to the concept of “sin,” immorality was no longer viewed as the root of all criminality and a clear distinction was now being made between behaviours stemming from socioeconomic causes and those with a background in morality.

From Ancient Oracles to Modern Techniques: The Evolution of Deception Detection and the Benefits of Investigative Interviewing

Author(s): Eduardo Pérez-Campos Mayoral,Eduardo Lorenzo Pérez-Campos,Fernanda Paola Pérez Campos Peláez,Rashna Juliette Pérez Campos Peláezd / Language(s): English Issue: 1 (59)/2024

Throughout history, different methods and instrumental designs have been used to identify and obtain the truth. Some of the methods described in this work are based on myths that have remained over time, but due to this legacy are unlikely to be applied, such as the Osiris judgment. In this study, we analyzed the characteristics of these methods, such as the period in which they were used, their scientific validation, and their passive or active approach according to the literature. Some approaches have established the theoretical foundations for the development of more precise technologies that are currently used, such as the Bisha Bedouin Court System (ordeal by fire), which is based on arousal theory (response). This work also includes innovative applications such as the use of interview techniques to detect deception, which stands out for their wide spectrum of use in different contexts. Finally, we mention elements of investigative interview models and highlight the benefits of using verbal approaches to detect deception.

A Letter to the Editor Regarding the APA’s Terminology Reference for the Science of Psychophysiological Detection of Deception

Author(s): James Allan Matte / Language(s): English Issue: 1 (59)/2024

Догматизъм и прагматизъм в теорията на българското финансово право

Author(s): Suleyman Bashov / Language(s): Bulgarian Issue: 1/2023

Financial legal science analyses the financial legislation. There-fore, giving a clear definition of its essence and scope is of primary importance for financial legal theory. Nevertheless, the legal literature in Bulgaria contains very controversial thesis in this fields. The present study arranges these theses in two main gropes, de-fined as dogmatic and pragmatic one. The first one describes the subject of financial law through legal features and concepts. In this way, financial law is revealed as a branch of the Bulgarian legal system, composed of specific financial legal norms. The dogmatic view on this matter refutes the pragmatists, who tend to include in the financial law many relations, regulated by the norms of different legal branches, if they are considered 􀁦financial􀁲 in the financial and economic literature. At the same time, the present study emphasizes the merits of the dogmatic approach and the necessity for its application in any legal analysis. The legal system of Bulgaria is structured by legal features, not by social, economic, Financial legal science analyses the financial legislation. There-fore, giving a clear definition of its essence and scope is of primary importance for financial legal theory. Nevertheless, the legal literature in Bulgaria contains very controversial thesis in this fields. The present study arranges these theses in two main gropes, de-fined as dogmatic and pragmatic one. The first one describes the subject of financial law through legal features and concepts. In this way, financial law is revealed as a branch of the Bulgarian legal system, composed of specific financial legal norms. The dogmatic view on this matter refutes the pragmatists, who tend to include in the financial law many relations, regulated by the norms of different legal branches, if they are considered 􀁦financial􀁲 in the financial and economic literature. At the same time, the present study emphasizes the merits of the dogmatic approach and the necessity for its application in any legal analysis. The legal system of Bulgaria is structured by legal features, not by social, economic, psychological, and other determinants. These features refer to the nature of the legal relationship and its content. And its content is predetermined by the position of the legal entities involved in it. The conclusion of the study is that financial law must be based on dogmatic approach and referred to relations, which have the legal quality of public finances. Financial law cannot be considered as a legal regime referring to the economic category “finance”. This category is extremely broad and often has an unspecified meaning scope. Moreover, it is regulated by the norms of different legal branches as civil, commercial, and administrative law.

Научно-образователен преглед на ускорения арбитраж в контекста на съвременните практики

Author(s): Emine Ilyaz / Language(s): Bulgarian Issue: 4s/2024

The length of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration facilitates shorter and cheaper trials and enables the trial to be conducted by experts according to the will of the parties involved. This is why arbitration is extremely important in settling commercial disputes that can last for a long time. However, over time, due to the growing interest in arbitration and the nature of the disputes brought before arbitration, the processes began to take longer with high costs. To overcome this difficulty, the concept of fast-track arbitration with simplified procedures and fast conduct of the process emerged. This study will present a legal analysis of fast-track arbitration, advantages and disadvantages of expedited arbitration, will emphasize the distinctive properties of expedited arbitration, taking into account provisions in comparative law. Here, the perspective and general principles of expedited arbitration regulated by arbitral institutions in Europe, America and Asia will be explained in detail. Finally, the relationship between the general principles of arbitration and the suitability of fast track arbitration to those principles will be assessed.

За някои проблеми на използване на терминологията и нейното тълкуване в римскоправни текстовe

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 4/2024

The article is devoted to the study and teaching of Latin legal terminology at the Faculty of Law of Sofia University. It is presented in an appropriate didactic form in its authentic form in the writings of the Roman jurists and in their interpretation, but also in view of its historical development and use in modern legal terminology.

REPUBLIC OF LITHUANIA LAW ON THE USE OF THE POLYGRAPH

Author(s): Jan Widacki / Language(s): English Issue: 2 (60)/2024

The Battle for the Sexual Heritage of Our Children and Youth: The Slippery Slope from Transgenderism to Transhumanism

Author(s): Tina Lindhard / Language(s): English Issue: 1/2024

The transgender movement, better termed the transgender industry, is just the tip of the iceberg to a much bigger agenda where reproduction without copulation or gestation may be the norm as well as serving the political groundwork for the burgeoning rights discourse surrounding the transhumanism movement, which embraces that idea of self-directed human evolution using technology to transcend their current natural state and limitations, i.e. disease, ageing, and even death. The ideology behind the transgender movement can be traced to the objectives specified in the manifestos of the Humanist Association, which, according to this author, also provides the basis for transhumanism. Transgenderism, framed as a human rights movement, promotes the idea that children have the right to change their minds, try out new styles and express themselves. However, this is a cover-up by a vast new industry to win the battle of the minds of innocent children to select to change their sexual heritage using dangerous drugs and mutilate their bodies by removing body parts according to their ‘sexual’ whim. This movement is a prelude to the transhumanism movement as self-selecting to be sterilized through the mutilation of one’s biological sex opens society to ethically loaded issues like hiring mothers, artificial wombs and the selection of sperm and ovaries used to produce the next generation. Transgender individuals, therefore, also play into the hands of the eugenics movement aimed at selective breeding and restraining population growth. Among other issues, this article explores the history, problems, players, and implications of transgenderism. It also opens the debate between novelty as progressive and hereditary as congenital or inbred. Living according to our sexual orientation does not mean we have to mutilate our bodies or deconstruct our inherent biological identity; our gender preference can also change over time. In conclusion, I suggest that we must explore and discover our spiritual nature and the spiritual underpinning of reality to protect our children and create a society that lives in harmony with each other and Nature, including our given inherent nature.

Nowy kierunek badawczy? Uwagi na marginesie monografii Joanny Kamień, Prawo i literatura jako kierunek filozoficznoprawny, Gdańsk: Wydawnictwo Uniwersytetu Gdańskiego, 2024, ss. 407

Author(s): Michał Lewandowski / Language(s): Polish Issue: 15/2024

The monograph Prawo i literatura jako kierunek filozoficznoprawny [Law and Literature as a Philosophical and Legal Trend] is one of the most interesting studies devoted to the relationship between law and literature in the Polish scientific literature. Its author, Dr. Joanna Kamień, tries to convince the reader that a new current of research has emerged in Poland, which can be labeled “law and literature”. As a research tool, she proposes the use of four questions, which she has taken from the writings of Cracow scholar Professor Wojciech Zaluski. They read as follows: a) What is the law and what is its nature?; b) What are the values and purpose of the law?; c) What is the basis for the validity of the law and its observance?; d) How are the law studied and learned? This template can be applied to any literary work. The results obtained should then be collated, compared and commented on.