A Note on Legal Education, Its Specific Features and Related Myths

Author(s): Małgorzata Król / Language(s): English / Issue: 2/2016

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.

A Socratic Contribution to Culture of Lawfulness for Teaching Criminology

Author(s): Sławomir Redo,Emil W. Pływaczewski,Agnieszka Langowska,Przemysław Alkowski / Language(s): English / Issue: 23/2018

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”.

A védelem jogait fenyegető súlyos és valós veszedelem: az „in rem nyomozás”

Author(s): Hunor Kádár / Language(s): Hungarian / Issue: 03/2020

A. Vaišvilos siūlomos teisinio personalizmo teorijos ir metodo klausimu: kritinė studija

Author(s): Petras Ragauskas / Language(s): Lithuanian / Issue: 74 (4)/2011

The article provides criticism of theory and method proposed in the monograph of prof. Alfonsas Vaišvila. The author of this article has a notion that a research work proposing particular conception, theory or method may be evaluated taking into account the following aspects: to what extent the provided conceptual constructs are systematically completed, comprehensive and suitable for use, as well, how precisely, interesting, informative and originally the material reasoning and explaining the ideas is submitted. Hence, the criticism of the monograph provided for in the article is based on evaluation of adaptability and versatility of the proposed constructs, as well doubts arising during the analysis whether the construction of the conception is correct (first of all, the reasoning, and at the same time – reliability). Upon the discussing in detail particular shortcomings of the monograph, the conclusion is that the material provided is not convincing upon any of the previously mentioned aspects. Notwithstanding the declared aim, the work fails to provide a solid systematic theory. Although the method is proposed, too many exceptions are to be made. It is very important, that these exceptions seem to be formulated in a rather arbitrary way. The proposed method also lacks freshness, as it repeats and develops not only the previous publications of the author of the monograph, but as well ideas of other authors (particularly, of Karl Marx and Rudolf von Jhering). And the “achievements” of states which apply (for example, China) or which did apply the method are not inspiring at all (at least in the field of human rights). Evaluating the presentation of the material it was noticed that the work is penetrated with personal attitudes and contains factual mistakes, inaccuracies and other indecorums. Although there are some new, interesting elements, they do not prevail. As well, it is very important that the monograph raises additional ethical doubts, related with stimulation of intolerance and discrimination, which significantly reduces the versatility of outlook of the proposed conception (particularly the authentic application thereof). Presumably the majority of supporters of contemporary human rights concept will regard the conception of prof. Alfonsas Vaišvila as merely unacceptable.

ABDICATIO HEREDITATIS IN IURE POLONIA ZRZECZENIE SIĘ DZIEDZICZENIA W POLSKIM PORZĄDKU PRAWNYM.

Author(s): Radosław Zych / Language(s): Polish / Issue: 14 (2)/2016

According to the Roman legal principle: “Semel heres semper heres”. However, the renunciation of inheritance is one of the few institutions of inheritance law, which were not known in Roman law. There are situations in life in which the testator would like to deprive the shares in the inheritance a person with whom he lives in the best possible relations. When there are no grounds for disinheritance of the child, you can try to persuade them to renounce their inheritance. This article is about renunciation of inheritance in Polish legal order. The author will examine in this article the individual elements constructing this agreement. Disputes outlined in considerations may be helped for a discussion on the need for changes in normative regulations on research issues.

Aberratio ictus u krivičnom pravu

Author(s): Slađana Jovanović / Language(s): Serbian / Issue: 2/2018

This article discusses different legal solutions to situations referred to as „aberratio ictus“, in terms of its particular manifestation in criminal law. The concept of aberratio ictus, that can be translated as „attack gone astray“ is used to determine criminal responsibility of the offender, when his actions, directed to committing a specific offence, abberate from the expected course of events, resulting in harming an unintended object. Doctrinal solutions in this area variate between the theory of equivalence and the theory of concretisation, both of which impose exclusive arguments regarding the object of the intent. Thus, the first one emphasises the protection of abstract values, that results in punishing the offender for the completed, intentional offence, despite the aberration. On the other hand, the reasoning behind the theory of concretisation takes into account the relevance of the specific identification regarding the object of intent. According to this view, the offender is liable for the attempt towards the first object, accompanied with negligence liability for the result. It can be noticed that the legal nature of the protected objects appears as a decisive circumstance for determining criminal responsibility. Unlike the situations when the mentioned objects are not of equal values, where there is no doubt that aberratio ictus involves the responsibility consisting of the attempted offence, in addition to negligence towards the actual result, the equivalence of the attacked and harmed object, causes divergent opinions among different authors in legal theory. This affects not only the legal solutions in positive criminal law, which are mainly based on general rules, but also the judicial practice in this area, that is evidently not unique. Also, it can not be negated that these solutions are based on valuative criteria, giving the advantage to one value versus the other. After analyzing the application of suggested theories in practice and comparative legal solutions, the author pleads in favour of the attempt model, based on the theory of concretisation, suggesting the possiblity of its legal regulation in serbian criminal law. Its advantages are therefore attached to better concordance with practical demands and main principles of criminal law in general.

Aborcja i jej aspekty karne

Author(s): Grzegorz Leszczyński / Language(s): Polish / Issue: 1/2001

Doktryna i Magisterium Kościoła, opierając swoje nauczanie na Starym i Nowym Testamencie, od samego początku istnienia Kościoła jasno i precyzyjnie stawały w obronie świętości i nienaruszalności ludzkiego życia od samego początku jego istnienia, czyli od poczęcia w łonie matki aż do naturalnej śmierci. Współczesne spojrzenie na zagadnienie wolności człowieka i jego wynaturzone odniesienie do możności decydowania o wszystkim, co z człowiekiem jest związane, sprawiło, że problem aborcji, jednoznaczny i precyzyjny w nauczaniu Kościoła, stał się dla wielu ludzi nie do pogodzenia z nowoczesną wizją człowieka i świata. W takim kontekście niezwykle ważne wydaje się nam, by skupić naszą uwagę na zagadnieniach, które dotyczą skutecznego przerwania ciąży, a jednocześnie jego aspektów prawnych w prawie karnym Kościoła.

About Non-Positivist Perspective on Legal Values in International Law

Author(s): Mario Krešić / Language(s): English / Issue: 2/2020

The distinction between legal and non-legal values can be made from the aspect of legal system analysis. Since the content of the legal system depends on the identification of norms that establish such content, the problem of the identification is crucial for any kind of consideration of legal values. In discourse of international legal scholars, we can recognize attempts to identify values which are not dependent on the existing social practice. The purpose of this paper is to analyse such an approach to legal values as opposite to the positivistic account of the law and to analyse the main objection to this non-positivist perspective.

ABOUT THE CHILD'S REFUSAL TO LEAVE THE DEBTOR AND THE PRINCIPLE OF THE CHILD'S SUPERIOR INTEREST - STORY WITHOUT AN END

Author(s): Maria-Magdalena Cardis / Language(s): English / Issue: 2/2019

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.

Absolutní trest z hlediska práva na život filosoficko-právní analýza

Author(s): Darina Popovičová / Language(s): Czech / Issue: 4/2007

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.

Adevăratele probleme de etică judiciară

Author(s): / Language(s): Romanian / Issue: 3/2021

Agency in Legal Institutions: Dispositionism and Situationism

Author(s): Przemysław Kaczmarek / Language(s): English / Issue: 65/2018

The following article attempts to utilize the conclusions emerging from the discussion between proponents of dispositionism and situationism in the examination of the decision-making process of a performer of a professional role. An example of this role would be that of a legal professional. By undertaking this adaptation, I defend the position which indicates the necessity of considering the variables that are given precedence by each school of thought. This objective I accomplish in three steps; firstly, I present the debate between dispositionism and situationism, referring primarily, to the work of Natasza Szutta. The next step is to introduce these findings to legal discourse. For this reason, I identify the dangers related to an individual’s functioning in the world of institutions by referring to classical psychological experiments. It is against the background of this body of research that, finally, I attempt to demonstrate that interactionism is a theoretical proposition which includes both dispositional and situational variables in its presentation of the decision-making process.

ALF ROSS AND HIS LEGAL PHILOSOPHY

Author(s): Olexij M. Meteňkanyč / Language(s): English / Issue: 2/2018

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.

Allah Hakkı ve Kul Hakkı Arasında Hanefi Ceza Hukukunun Kamusallığı

Author(s): Muharrem Midilli / Language(s): Turkish / Issue: 1/2017

Modern criminal law is generally regarded as a public domain because it primarily aims at protecting general interests and has dominant vertical relationships between public institutions and the individual. This understanding corresponds to a certain extent in the Hanafi criminal law. According to Hanafi jurists, the fixed penalties such as adultery, theft, and drinking wine/getting drunk are applied only to the benefit of all people. The fixed penalty for the false accusation of adultery and the retaliation (kısas) protect the benefit of all people, as well as the the interests of individuals. The public authority is able to impose discretionary chastisements (ta´zîr) and administrative punishments (siyâsa) for the benefit of the society. It is his responsibility to investigate crimes, to prosecute suspects and to impose punishments. In all these steps, vertical relations are formed between the public authority and the perpetrator. On the other hand, the Hanafi criminal law has unique features such as the determination of public interests by the Lawgiver and the penalties imposed directly on behalf of individuals.

Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice

Frequency: 2 issues / Country: Romania

Scientific Annals of Alexandru Ioan Cuza University of Iași, Juridical Sciences Series, is a publication with tradition in the field of legal sciences.

The Journal includes research work of teachers, visiting professors, researchers and PhD students from the Faculty of Law of Alexandru Ioan Cuza University of Iasi.

Annals of Alexandru Ioan Cuza, Juridical Sciences Series contain analysis of specific issues of law, subscribed to the four cardinal points of legal taxonomy - Public Law, Criminal Law and Criminal Sciences, Private Law, International and European law - dubbed the reviews and comments of jurisprudence.

Analele Universității București – Seria Drept (AUB)

Frequency: 1 issues / Country: Romania

In March 1939 issue no.1 of the Bucharest Law School Annals (the then name of the journal) was published as a series of quaterly booklets presenting the results of the scientific research conducted by the academics and the students, as well as reports on the most important events in the then legal and scientific environment. The publication aimed at creating and maintaining a “scientific movement useful to progress”. That aim has been preserved to the day, so the current “Bucharest University Annals – Law Series” (AUBD) publishes studies and research papers written by the academic staff and also by colleagues from other universities at home and abroad, young researchers, students and PhD students as well as information on legal topical isues, events organized by the Law School and the students’ results in international compatitions.

After a long period of time, the past 1948 period, when only a yearly issue was published, the journal resumed its quaterly publication in 2000. The members of the Scientific Board are well-known representatives of the European legal world. As of 2006, the papers published in our journal have been accompanied by abstracts in French and English, and, as of 2009 each article has been accompanied by a technical section including abstracts and key words to facilitate thematic search. Moreover, the contents of the journal, the abstracts and the key words are available on the journal website: drept.unibuc.ro/aubd.

As most of the articles are published in English, French, German or Italian, our journal is currently exchanged with almost 100 libraries and universities abroad.

Analele Universității de Vest din Timișoara - Seria Drept

Frequency: 2 issues / Country: Romania

The journal Annals of the West University of Timisoara – Law Series is a periodical comprehensive publication in law, biannually published, edited by the Faculty of Law, West University of Timisoara. The journal is structured according to sections that reflect the scientific work of several valuable professors in the field of private law and public law, plus the contributions of doctoral students or other young researchers.

Scientific events organized by the Faculty of Law, West University of Timisoara, as well as events marking the recognition of the scientific activity of its academic body, such as awards and distinctions, are also presented within the pages of the journal. Moreover, the journal’s content reflects the achievements of the Doctoral School within the Faculty of Law, West University of Timisoara.

The editorial team consists of professors specialized in the fundamental fields of law. A body of specialists ensures a comprehensive overview of the studies received for publication.

The journal is edited under the auspices of Universul Juridic Publishing House, one of the most prestigious law-oriented publishing houses in Romania.

Anarhia salvează... democrația? Despre regula autoimpusă

Author(s): Radu Rizoiu / Language(s): Romanian / Issue: 2/2020

The paper analyses the good elements of (classical) anarchistic movement, i.e. the idea that a well-organized society requires each individual to understand and obey a common set of self-accepted rules rather than wait for the State to impose the rules unto each individual. By making a parallel between the 1990 civic movements in Romania and the current ‘Black Lives Matter’ movement in the United States, the paper explores the possibility of renewing the particular rules based on popular demands while keeping untouched the idea of ‘rule of law’ as a key principle in building a functional society.

Andrey Zvyagintsev’s ‘Leviathan’: The Unbearable State of Nature

Author(s): Katarzyna Krzyżanowska / Language(s): English / Issue: 1/2021

Leviathan by Andrey Zvyagintsev is a movie that depicts the world in a state of nature, with no prospects for creating a Hobbesian social contract. Set in the Russian peripheries, the film depicts a respected and caring family man who is gradually deprived of everything because of lack of political order with enforceable law and justice. The movie is a depiction of a contemporary “failed state”, equalized with the state of nature, where there is no legitimate power and violence remains the only tool to achieve goals both in private and public spheres. Religion consists of empty rituals that serve corrupt officials to maintain power. This world cannot last without innocent victims, scapegoats of the society, one of whom is the protagonist of the movie. This paper offers a legal and philosophical inquiry into the film, as it draws especially on the theory of the social contract proposed by Hobbes. It depicts a Russian town as a symbol of the state of nature as envisioned by Hobbes and describes the reasons why the social contract has not been made. According to Hobbes’s theory, in the state of nature concepts like justice and injustice do not convey any meaning; therefore, this paper investigates other: theological and anthropological concepts, to explore the meaning of Zvyagintsev’s Leviathan.

A-podmiotowość władzy – mit i rzeczywistość, czyli Zakład Ubezpieczeń Społecznych jako władza „suwerenna”

Author(s): Arkadiusz Barut / Language(s): Polish / Issue: 2/2015

The subject of the article is the analysis of a specific feature of contemporary political and administrative power. As analytic categories the author uses Foucaultian concepts of power discourses: sovereignty: the type of individualized power which strives for self-conservation (pre-modern type of power) and governmentality – the type of non-individualized power the aims of which are control and management of the population (modern type of power). Contemporary power – the bureaucratic power described by M. Weber etc. – seems to be the type of governmentality. But in this field emerges a new type of sovereign power legitimized by the discourse of governmentality – management and protection of the population. Its examples are analysed by G. Agemben i J. Butler indefinite detention in Guantanamo. In this articles, the author focuses on symptoms of the new type of sovereignty in day-to day government action – the practice of the polish organ of compulsory social insurance – Social Insurance Institution (Zakład Ubezpieczeń Społecznych).