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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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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.
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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.
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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 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.
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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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Majalla al-Aḥkam al-‘Adliyyah, which is the first example of codification based on Islamic law, has been the subject of criticism from different angles in terms of its preparation and content. The main reasons for criticism are following the casuistic method, being limited to the Hanafi sect, and therefore, the regulations on some issues not meeting the needs of the period, and the lack and excesses that do not comply with the content of the civil law. The commentator of the Majalla, ‘Ali Ḥaydar Efendi, also criticized Majalla from different angles. In this study, it was aimed to identify, describe, and classify Ali Ḥaydar Efendi's critics of the Majalla, and -with some exceptions- no evaluation was made about the criticism of the commentator. Ali Ḥaydar Efendi, the author of the most comprehensive and famous commentary of the Majalla, Dureru'l-hukkâm, criticized the Majalla both in terms of law technique and content, justified his criticisms, and offered alternative suggestions regarding the issues he criticized. Although Ali Ḥaydar Efendi criticized an item for only one reason, he criticized some items from more than one point of view. In the article, each of the criticisms of Ali Ḥaydar Efendi on the Majalla’s items is discussed under a separate heading, and the items criticized from more than one point of view are discussed under a separate heading and exemplified as much as possible. His criticisms of the Majalla in terms of law technique are as follows: The statements of the items are prone to making wrong judgments, not of a general nature, the concepts are not used appropriately, both the concepts and the items are not compatible with each other and with the fiqh books, having some missing, unnecessary or incorrect statements in the items, and the lack of records in the statements. Among the criticisms made in terms of content, first of all, the fact that the provision contained in the article is contrary to the ruling in the fiqh books or the view of the sect should be mentioned. Some of the criticisms in terms of content are related to the preferences made while preparing the Majalla. In this context, it has been the subject of criticism that some of the preferred views are not suitable for the needs of the period or the preferred view in the madhhab, conflicting between preferences from time to time, and not making a choice in some controversial issues. The existence of provisions that do not comply with the requirements of the time, and the asl-far' incompatibility is another reason for criticism. In such criticisms, the suitability of the content of the law with the madhhab books in various aspects has been tried to be revealed, and inappropriate aspects have been criticized. However, ‘Ali Ḥaydar Efendi also pointed out that the text of the law should be prepared by making use of the provisions of different madhhabs, since it does not meet the needs of the time, although it is in accordance with the provisions of the madhhab. ‘Ali Ḥaydar Efendi also criticized the Majalla in terms of missing some issues or not being regulated sufficiently, and included provisions regarding the qarḍ contract and crimes against animals, which were not dealt with even though they should have been included in the Majalla. However, he never touched upon the subjects of consumption and ribā, which were not dealt with in the Majalla, although they should have been. ‘Ali Ḥaydar Efendi said that there is a deficiency in the items dealing with subjects such as luqata and hacr, since some conditions regarding these issues are not included. ‘Ali Ḥaydar Efendi also criticizes the Majalla in terms of the contradiction between the provisions contained in the items; the lack of unity in language, style and terminology among the items; and unnecessary repetitions both between the items and within the items. ‘Ali Ḥaydar Efendi, who did not make any criticism about the repetitions due to the fact that the Majalla was prepared with the casuistic method, justified or criticized the other repetitions and offered suggestions to avoid such repetitions. Also, according to him, there are deliberate repetitions in the Majalla. In addition, he also criticized the Majalla from a systematic point of view, such as the incompatibility of the title and content, the arrangement of similar subjects in different chapters/items/paragraphs, or the handling of different subjects in the same chapter/item/paragraph. Another criticism of ‘Ali Ḥaydar Efendi about the Majalla is about definitions. He criticizes the definitions made as not being collectively exhaustive, mutually exclusive and not being in the definition technique such as the tautology, but also on the grounds that it is not comprehensive, contrary to the method followed in other definitions made in the Majalla, and not being included in the fiqh books.
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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.
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The term amnesty means the waiving of punishment (to a group of people) without, however, erasing the guilt. Amnesties are usually granted in connection with political events such as national or international peace amnesties in times of political change or wars. However, there are also waivers of criminal prosecutions, popularly known as "mercy before justice". Amnesties can therefore be seen, on the one hand, as a humane act of mercy, but on the other hand they can also cause problems in the population's sense of justice, since punishments are treated differently, and the principle of equality is shaken. The concepts of punishment, guilt and innocence, as well as their representation, offer a basis for the question of how amnesties are formed in Dostoevsky's texts. Dostoevsky's characters are usually ambivalent and challenge a reflective reading as well as an ethical judgement. By making social injustice an important theme in his texts, the author focuses on the restoration of justice through amnesty. A co-responsibility in society as well as a co-guilt in a higher sense form the core of his argumentation, both as a contrast to justice, which considers the guilt of the individual, and as a consideration of man's hereditary guilt and his responsibility to the community. A comparison with ancient Greek jurisprudence also shows that amnesties were closely connected with the collective, with emotion and ritual. This results in new ways of looking at prominent texts by Dostoevsky, as will be shown with the example of The Brothers Karamazov and other works. This will provide a brief overview of how Dostoevsky understands guilt and innocence, what function punishment has in his texts and how amnesty emerges as a result.
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<p>Scientific Annals of Alexandru Ioan Cuza University of Iași, Juridical Sciences Series, is a publication with tradition in the field of legal sciences.</p> <p>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.</p> <p>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.</p>
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<p>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.</p> <p>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.</p> <p>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.</p>
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<p>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.</p> <p>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.</p> <p>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.</p> <p>The journal is edited under the auspices of Universul Juridic Publishing House, one of the most prestigious law-oriented publishing houses in Romania.</p>
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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.
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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.
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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).
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