Transitional Justice Models and Analytic Philosophy

Author(s): Michał Krotoszyński / Language(s): English Issue: 2/2017

As an interdisciplinary field of scholarship, transitional justice is still in its pre-theoretical stage, focusing mainly on the case and comparative studies, supported by general considerations concerning justice in the times of transition. To entrench the field as a distinct area of studies, a theory of transitional justice needs to be formulated. The article explores the possibility of making a step towards such a theoretical basis with the use of the tools of analytical philosophy, methodology and legal theory. First, drawing on Leszek Nowak’s procedure of idealisation, three basic models of responses to a painful past are formulated. Then, distinct transitional justice values are attributed to each of the models. Finally, with the use of Jerzy Kmita’s concept of humanistic interpretation, the article seeks to conceptualize the way in which these values – among other factors, such as the need to uphold the rule of law or to preserve the stability of a democratic system – influence the choice of a model of transitional justice response. Thus, the aim of the presented models – which I described in more detail elsewhere (Krotoszyński 2017) – is to provide a sound theoretical basis for some of the fundamental claims formulated in the field of transitional justice.

Психологична експертиза. Характеристика, назначаване и провеждане

Author(s): Yordan Kostov,Stanislav Pandin / Language(s): Bulgarian Issue: 3/2018

The article presents a general description of psychological expertise. In particular, the forensic psychological expertise is presented.The work of the experts will be examined in the context of psychology and jurisprudence. A professional characteristic of the aforementioned experts is presented, which underlines their irreplaceable role in terms of competences that the court and the parties do not have. In this perspective, some important issues have been raised, related to the psychological examination of the children, adolescens and adults, as well as the preparation of the relevant forensic psychological expertises.

THE NARRATIVE OF POLITICAL ISLAM: CONSTITUTIONALISM AND HUMAN RIGHTS

Author(s): Nikola Gjorshoski / Language(s): English Issue: 1/2018

One of the essential postulates of political orientation and determination for the building of stable societies and a functioning political system in its content recognizes and imposes the need to examine the relation of relevant political actors to constitutionalism and human rights as concepts and preoccupations for any modern society. Also, constitutionalism and human rights and freedoms as its inseparable category manifest the political values and the corpus of essential and common political goals and commitments of a particular political community. Political Islam as an ideological political subject has its own sources and a valuable orientation framework through which prisms and perceptions can be interpreted or extracted by individual axiological determinants to certain issues. This paper analyzes exactly the relations of political Islam with constitutionalism and human rights, and similarly to the so-called framework it draws attention to the concepts of power, the mechanisms of control and compliance with the Sharia regulations. At the same time, the importance of human rights and freedoms in the Islamic narrative, their nature and scope, as well as the differences with the western established documents in this area are emphasized and analyzed.

RECOGNITION OF NEW STATES: KOSOVO CASE

Author(s): Bashkim Rrahmani / Language(s): English Issue: 2/2018

The recognition of Kosovo is an issue in some part of the international community even though its independence has been recognized by 116 states and that the ICJ has given a legal opinion which confirmed that the independence was not a violation of international law. This paper analysis the pros and cons and the difficulties created by the non-recognition of Kosovo both for the region and broader, dealing not only with the political reasons and difficulties. The paper is written by using combined methodology and methods: systemic analysis, of legal analysis, and method of comparison analysis. Conclusions and recommendations are expected to be a contribution towards a further debate about the importance of the recognition of the state of Kosovo.

Характеристики на средновековните ислямски затвори на остров Сицилия (IX – XI век)

Author(s): Desislava Vladimirova / Language(s): Bulgarian Issue: 2/2019

The medieval prisons are part of the Islamic governing system as in the Near East as in the Magreb. The sources about their organization and working methods are rare and straggling. Whatever, medieval Islamic prisons deserve an attention because they are connected with the general institutional environment in the Islamic lands. This article surveys the Islamic prisons in Sicily in the period 9th-11th century. It begins with a review of the emergence of the first Islamic prisons. This information serves as both forming initial impressions and a basis of the subsequent analysis. An important contribution of the article is the collected information from different by language, type and time historical sources. Their careful readings, coupled with a compare analysis, allow us to draw conclusions about the characteristics and location of the medieval Sicilian prisons. Comparison with the prisons in the other Islamic lands over the same historical period shows us common features. This makes it possible to conclude that the penal institutions on the island follow and work on a well-established model.

Психологически анализ на серийния престъпник

Author(s): Nadejda Hristoskova / Language(s): Bulgarian Issue: 1/2011

Representatives of the psychological stance I maintain believe that the causes of criminal behavior are clearly justified by the Austrian psychologist Sigmund Freud. He highlights several fragments of a person's access to the criminal contingent: the idiom, the ego and the superego of the one, and on the other, the infantile emotional experiences of man. Whether a person will be a killer or rapist depends on his psychological level that has been built since early childhood. In childhood, the main moving apparatus is the principle of pleasure, so adolescents are not interested in a foreign opinion. After this period, there is the principle of established social and legal rules that people follow and observe, but there is another group of people who ignore these rules and do not obey them. In this sense, criminal behavior has a traumatic beginning and is seen as a consequence of violent or psychological conflict in childhood.Representatives of the psychological stance I maintain believe that the causes of criminal behavior are clearly justified by the Austrian psychologist Sigmund Freud. He highlights several fragments of a person's access to the criminal contingent: the idiom, the ego and the superego of the one and on the other, the infantile emotional experiences of man. Whether a person will be a killer or rapist depends on his psychological level that has been built since early childhood. In childhood, the main moving apparatus is the principle of pleasure, so adolescents are not interested in a foreign opinion.

Imperium tekstu kontratakuje. Refleksje socjologa. Recenzja książki Marcina Matczaka Imperium tekstu. Prawo jako postulowanie i urzeczywistnianie świata możliwego

Author(s): Lech M. Nijakowski / Language(s): Polish Issue: 1/2019

Правозащитници и природозащитници в медиен контекст

Author(s): Maria Deenitchina / Language(s): Bulgarian Issue: 5/2019

Human rights defenders and environmentalists can be found in media content depending on the context which is influenced by different factors. We analyze 4 newspapers, oriented in different directions and showing different attitude towards the problems. Their implications may be hidden or more obvious and the role of the journalist in this field is of great importance. The final aim of the research is to find out if presenting of the problems is in public interest or it is influenced by different reasons.

TRADITIO IURIS ROMANI IN SERBIAN CIVIL CODE

Author(s): Emilija Stanković,Srđan C. Vladetić,Milica Sovrlic / Language(s): English Issue: 2/2020

In 2009, was the 165th anniversary of the adoption of the Serbian Civil Code. Some of its regulations, like those concerning bequests, are still in effect as positive law. Let this serve as one of many examples of its continued relevance through history. The Serbian Civil Code was adopted in 1844. It was the fourth civil code in Europe. It was modeled on the Austrian Civil Code and introduced Serbia into the German legal circle. Roman Law, its tradition and reception, was a fundamental component of Serbian law since its earliest existence. It was founded on the Roman-Byzantine legal tradition. Through Saint Sava’s Nomocanon, written in 1219, it became the positive law in effect in Serbia. Later, with the adoption of Dusan’s Code in 1349, the tradition of Roman-Byzantine law was perpetuated. In the XIXth century, Serbia undertook civil codification much earlier than many more developed countries. Nevertheless, with the introduction of private property, all traces of feudalism were removed from Serbia, which cannot be said of many other states in that same period. Thus was paved the way for Serbia’s faster development of finance and commodity relations and in consequence of other spheres of life. Serbia built its relations with other countries quickly and thrivingly.

„MATER SEMPER CERTA EST“. QUELQUES RÉFLEXIONS SUR LA MATERNITÉ EN DROIT ROMAIN ET À L’ÉPOQUE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2020

The study presents one of the main principles concerning the establishment of motherhood in Roman law and founded according to most authors of Paul's text in D. 2.4.5. They are found in most modern legislations, but in recent decades, it is increasingly necessary to find the Roman law tradition in its authentic sense and some ideas for flexible application of these principles in relation to adoptions, assisted reproduction, surrogacy, etc.

THE INFLUENCE OF ROMAN TRADITION ON THE HERITAGE IN KOSOVO

Author(s): Berat Aqifi,Ardian Emini / Language(s): English Issue: 2/2020

The heritage was born in a certain period of historical development of society, but over time it has evolved like any other legal institution in terms of inheritance law system in part of legislation, in relation to different countries, but also numerous similarities between their systems, but always maintaining the basis in Roman law. Inheritance as one of the institutions of private law in general and civil law in particular is considered one of the oldest institutions that was initially regulated by customary norms, where the inheritance measure presents the basis for inheritance call. Roman inheritance law, which had gone through three stages of its development from the Lex XII Tabullarum until the final regulation of inheritance law within the framework of the Justinian Code, when often with the development of productive forces and the raising of human consciousness in the community primitive, where in contrast to slave owning society there was the right of inheritance based on customs inherited primarily by boys, while unmarried girls were entitled to dowry and only legitimate children. Inheritance is one of the most important institutes of civil law, and constitutes one of the ways of gaining property due to death or mortis causa, compared to all other ways of gaining property, which are between the living or inter vivos. It follows that our law in general Albanian law has been influenced for centuries starting from the customary Kanun law to the modern inheritance law.

ГЛАСЪТ НА ЖЕНИТЕ В РИМ. ИСТОРИЯ, КОЯТО РАЗРУШАВА МЪЛЧЕНИЕТО И НЕРАВЕНСТВОТО

Author(s): Amelia Castresana / Language(s): Bulgarian Issue: 2/2020

Nowadays, on the iconic date of March 8th, thousands of women and men fill the streets of our cities to make visible gender inequality. In such a feminist mobilization, voices are raised against the pay difference and the discrimination in the workplace, domestic and sexual violence, and calls in favor of equality between men and women are written in capital letters. Everyone listens, reads, understands and shares these legitimate demands of women. However, these demonstrations have their origins in Ancient Rome. More than 2000 years ago, Roman women went to the streets to protest publicly against sexual violence and abuse of power by men. The article traces the various stages of this protest, as well as in particular the measures regarding the exclusion of women from political life and the restriction of their labor initiative.

ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA

Author(s): Tewise Ortega González / Language(s): English Issue: 2/2020

In the present study, we will analyze succinctly the content of the Regula Catoniana, included in D. 34.7.1, which in the matter of legacies, prevents the production of effects of a invalid legacy ab initio, regardless of the moment in the one that the death of the testator, has taken place and even if the invalidating cause has disappeared, considering that, if it´s invalid at the time of being granted, it shall be null at all times, making special reference to one of the cases of application of the aforementioned rule, as is the legacy rem legatarii. At the same time, we will reflect briefly on the matter contained in the Spanish Civil Code, regarding the legacy of thing belonging to the legatee, to determine the influence of Roman legal provisions in the configuration of this type of legacy at present.

NEGOTIORUM GESTIO AND UNJUST ENRICHMENT

Author(s): Valentina Đorđević / Language(s): English Issue: 2/2020

In modern legal systems, an indispensable element of negotiorum gestio is an intervener’s intention to act in the interest of another. This subjective element is an important criterion of demarcation between the benevolent intervention of another’s affairs and unjust enrichment. Insisting on the subjective conception of negotiorum gestio which takes into account intention of a gestor to act in the interest of another or objective conception which neglects such an intention is contrary to both the Roman Law resources and methods Roman jurists worked with.

DIRITTO ROMANO E DIRITTO CINESE. TRA LE FONDAMENTA DEL CODICE CIVILE DELLA RPC

Author(s): Stefano Porcelli / Language(s): Italian Issue: 2/2020

On May 28th, 2020 it has been approved the long-time awaited Civil code of the People’s Republic of China which will enter into force on January 1st, 2021. The new China Code is the product of decades of work and it is the result of the interaction of ‘bourgeois’ and ‘socialist’ interpretation of the Roman law sources in the light of the multi-millennia Chinese culture. The new Code offers interesting cues to be taken into consideration for obtaining a sounder knowledge of the Chinese law as well as to reflect on structures and legal schemes ascribable to the Roman law tradition itself.

THE PRINCIPLE OF GOOD FAITH AS AN ETHICAL AND SOCIAL CRITERION FOR GUIDING THE DEVELOPMENT OF INTERNATIONAL TRADE

Author(s): Amparo Montañana Casaní / Language(s): English Issue: 2/2020

Article 7 of the 1980 Vienna Convention on the International Sale of Goods establishes as one of the criteria of interpretation of the Convention a call for the "observance of good faith in international trade". By introducing this principle, the legislator’s intention was to adapt the interpretation of the Convention to the changing reality of international trade.

Ideas for Civil Society and Association through the Prism of Public Law

Author(s): Boyan Todorov Georgiev / Language(s): English Issue: 4s/2024

The need for association and cooperation in its primary forms is existentially determined, embedded in the human psyche and morality before it becomes a rationally realized expediency and long before it becomes a right. The right of association is a fundamental right referred to in the group of political rights and freedoms, economic rights, and personal rights. This right combines the liberal idea of individual freedom with the collectivist idea of uniting the efforts of more people to achieve certain goals; exercising the right of association is an expression of free will. The principle of solidarity is exploited by hegemonic state doctrines and governments – communitarian, totalitarian, religious-fundamentalist, nationalist, modernizations, which call for the solidarity of tolerating restrictions, the renunciation of freedom in the name of certain collective goals, as well as in the doctrines and practices of revolutionary violence. The Code of Administrative Procedure provides wide participation of organizations in the various proceedings, both before the administration and in judicial administrative cases.

Iuris ratio et aequitas в Codex Theodosianus и Corpus iuris civilis (Codex Iustinianus и Digesta)

Author(s): Dorothea Valentinova / Language(s): Bulgarian Issue: 1/2025

Roman philosophy, literature, and law offer some of the most well-structured and coherent theories of justice as the foundational principle underlying human existence and society, without which their future becomes inconceivable. Two interconnected concepts – aequitas and iustitia – are central to the Roman conception of justice. This article seeks to reconstruct the concept of aequitas and its relationship with iuris ratio (viewed through the lens of universalis iustitia), drawing on selected texts from the Codex Theodosianus (5th century) and the Corpus Iuris Civilis (Codex Iustinianus and Digesta, 6th century).

ANALYSIS OF PROCEDURAL GUARANTEES OF MINORS IN THE ANGLO-SAXON LAW SYSTEM. COMPARATIVE ASPECTS WITH THE LEGISLATIVE SYSTEM CONCERNING MINORS IN ROMANIA

Author(s): Ștefan-Tiberiu Ciurea / Language(s): Romanian Issue: 40/2025

This article analyzes the procedural guarantees and the fundamental rights granted to minors in the context of deprivation of liberty in Great Britain and the United States of America, compared in some instances with Romania, as well as the legislative framework and practices applied in each jurisdiction. Through the comparative analysis, the article identifies significant similarities and differences in the approach to the protection of the rights of minors deprived of their liberty, highlighting good practices and legislative or practical gaps. The conclusions argue in favor of the adoption of common minimum standards at the international level, which would ensure respect for the fundamental rights of juveniles deprived of their liberty, regardless of jurisdiction.

Прокурорът, който спря да чете: правосъдието между буквата на закона и звука в съдебната зала

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 1/2025

This study examines the shift in the prosecutorial strategy of Ernest Pinard in the cases against Gustave Flaubert (“Madame Bovary”) and Charles Baudelaire (“Les Fleurs du mal”), offering an interpretation that explores the ways in which legal professionals read literary works. Using examples such as the poet-detective Gabriel Syme, a character in G. K. Chesterton’s “The Man Who Was Thursday”, and the investigating monk William, a character in Umberto Eco’s “The Name of the Rose”, the article investigates potential connections between poetry and law. These connections create legal spaces where both laughter and music become possible. Particular attention is given to the relationship between text and music within the framework of court proceedings (the so-called “courtroom acoustics”) as well as in the formation of judicial practice (understood as a harmonious performance).