Cookies help us deliver our services. By using our services, you agree to our use of cookies. Learn more.
  • Log In
  • Register
CEEOL Logo
Advanced Search
  • Home
  • SUBJECT AREAS
  • PUBLISHERS
  • JOURNALS
  • eBooks
  • GREY LITERATURE
  • CEEOL-DIGITS
  • INDIVIDUAL ACCOUNT
  • Help
  • Contact
  • for LIBRARIANS
  • for PUBLISHERS

Content Type

Subjects

Languages

Legend

  • Journal
  • Article
  • Book
  • Chapter
  • Open Access
  • Law, Constitution, Jurisprudence
  • Philosophy of Law

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Result 1441-1460 of 2434
  • Prev
  • 1
  • 2
  • 3
  • ...
  • 72
  • 73
  • 74
  • ...
  • 120
  • 121
  • 122
  • Next
Kilka uwag o pojęciu „sprawiedliwość”

Kilka uwag o pojęciu „sprawiedliwość”

Author(s): Andrzej Rosner / Language(s): Polish Issue: 4/2022

Justice is one of the basic values of ethics, which means that, like other values (good, truth, beauty), the concept of justice has a strong positive emotional charge. For this reason, the term is often used in persuasive logic, it is then used to manipulate views and attitudes. It is used to the extent to achieve political, economic, and social goals, etc. From the formal point of view, a number of principles of distributive justice can be distinguished, such as: the same to everyone, the same according to the contribution, etc. The choice of the principle of fair distribution of rewards or penalties is an arbitrary decision, they are equally correct. It is only important that the recipients who equally meet the adopted principle are treated equally. The very choice of distribution, reward or punishment principle is an indicator of the worldview that determines this choice. In practice, however, ethical value is often used to justify a choice that is in fact made for pragmatic reasons. The justification for this choice uses manipulation mechanisms related to the logic of persuasion.

More...
On the Notion of Justice

On the Notion of Justice

Author(s): Andrzej Rosner / Language(s): English Issue: 4/2022

Justice is one of the basic values of ethics, which means that, like other values (good, truth, beauty), the concept of justice has a strong positive emotional charge. For this reason,the term is often used in persuasive logic, it is then used to manipulate views and attitudes.It is used to the extent to achieve political, economic, and social goals, etc. From the formalpoint of view, a number of principles of distributive justice can be distinguished, such as:the same to everyone, the same according to the contribution, etc. The choice of the principleof fair distribution of rewards or penalties is an arbitrary decision, they are equally correct.It is only important that the recipients who equally meet the adopted principle are treatedequally. The very choice of distribution, reward or punishment principle is an indicatorof the worldview that determines this choice. In practice, however, ethical value is oftenused to justify a choice that is in fact made for pragmatic reasons. The justification for this choice uses manipulation mechanisms related to the logic of persuasion.

More...
Sloboda i zakon

Sloboda i zakon

Author(s): Reza Davari Ardekani / Language(s): Bosnian Issue: 94/95/2023

The notion of “freedom” in the age of neoliberalism is under the strong influence of technology and in a great measure it is different from the concept of freedom in the age of liberalism. In neoliberalism man’s freedom is projected and defined within the frameworks that are shaped by technology while in an earlier period man was called to shaping the laws of freedom. We always hear about knowledge being one of the basic human rights, but nobody says that which man should know. It seems to be that what is meant by that are the topics which are spoken of on a daily basis, and which presents the basic preoccupation of some people, and that is the relativization and suppression of moral norms. The sentence “knowledge is the right of all people” has become a catchphrase according to which everyone has the right to do as they will and everybody has the right to usurp the private life and intimacy of every individual. It must be said that pure acquaintance with raw information does not represent knowledge. The piling of information is the greatest enemy of common human sense and reasoning. In case freedom has to be connected to the very spirit of one community, the question is posed; whether a general call for freedom comes out of the spirit and need of that community or whether it is the result of the manipulation of others who have tendentious and wicked intentions. In any case, even though democracy presents the manifestation of collective human gravity and will, it is not possible to implement it everywhere or at the very least not until it comes to certain changes in society. The following question is posed: what is freedom’s treatment of the individual and collective rights like and what bears greater meaning in a free society? The possessing of human qualities is a condition for the establishment of the freedom of thought, however in society and in politics personal and collective interests go hand-in-hand. Is political development the precondition for economic growth or is it in reverse? There are arguments which give advantage to the first and the second claim. However, it is visible that the development of any dimension of society influences the development of other dimensions and there are no special rules there. There are certain preconditions which are necessary for the development of society and they are interconnected. Every country that thinks of development must ponder upon the freedoms and civil rights of its inhabitants. Although the claims that humanity is going to the direction of freedom and peace are not correct it should be said that freedom is the question of human honor and that everybody is obliged to fight for it in his own way.

More...
Państwo autorytarne Erica Voegelina na tle jego krytyki czystej teorii prawa Hansa Kelsena

Państwo autorytarne Erica Voegelina na tle jego krytyki czystej teorii prawa Hansa Kelsena

Author(s): Jan Okoński / Language(s): Polish Issue: 105/2023

The article refers to the issues presented in E. Voegelin’s The Authoritarian State: An Essey on the Problem of the Austrian State, which are important from the point of view of the theory and philosophy of law. Attention was paid to the criticism of H. Kelsen’s normativism and Voegelinʼs interpretation of the parliamentarism of the interwar Austria. This issue was placed against the background of the dispute over the Austrian state. The methodological aspect of the presented issue was especially taken into account. Some of the issues discussed were outlined against the background of the post-war works of E. Voegelin

More...
Problematyka powództwa o ustalenie płci

Problematyka powództwa o ustalenie płci

Author(s): Łukasz KRZYŻEWSKI / Language(s): Polish Issue: 105/2023

Lately in Poland the topic of transgender is rising to the higher ranks then before. These paper presents legal aspect of sex change in Poland which is one of a few countries that does not address that issue in the statutory form but has only resolved it by jurisprudence. Author presents current procedure of changing gender in Poland and history of its evolution over the years. Procedure of sex change has been fully developed by jurisprudence based on art. 189 of the Civil Procedure Code which made numerous problems arise. All of them require addressing and will be covered in this article. Paper also shows most important judicature of The European Court of Human Rights and international law regarding transsexualism and legal aspects of it. Author concludes the paper by pointing necessary steps that Polish legislator should take in discussed matter.

More...
Problematyka przyszłej regulacji związków partnerskich w świetle polityki „tradycyjnej rodziny”

Problematyka przyszłej regulacji związków partnerskich w świetle polityki „tradycyjnej rodziny”

Author(s): Aleksandra Lewandowska / Language(s): Polish Issue: 105/2023

The article examines the new wave of social issues in the form of informal relationships and confronts it with rather a conservative approach of Polish politicians and their „traditional family politics.” The article tries to analyze whether the current approach and legislative activity is effective or prolongs the inevitable – novelization of the Polish legal system in the scope of recognition of cohabitation. The author recognizes the phenomenon of informal relationships and provides insight into the current state of legal regulation to describe issues beneath it. The author focuses on civil law solutions as they regulate the majority of partnersʼ everyday life. Then discusses the so-called „traditional” approach to the subject of family and relationships by analyzing politiciansʼ public statements axiology of Polish law, the position of the church and regulations proposed for partnerships. Finally, the author confronts it with social expectations arising from the data provided by CBOS and GUS. The analysis provided in the article leads to the conclusion that current politics cannot change the widespread of social phenomena such as partnership, and thus, the legislator must search for new legal solutions.

More...
Instytucja oddalenia powództwa oczywiście bezzasadnego jako stworzony przez ustawodawcę potencjalny mechanizm do darmowego przerywania biegu przedawnienia?

Instytucja oddalenia powództwa oczywiście bezzasadnego jako stworzony przez ustawodawcę potencjalny mechanizm do darmowego przerywania biegu przedawnienia?

Author(s): Tomasz Tomczak / Language(s): Polish Issue: 105/2023

In 2019 into the Polish civil procedure the institution of dismissal of a claim as clearly unfounded was introduced. Within the framework of this article, the author intends to present and consider one seemingly unplanned effect, to which the introduction of Art. 1911 k.p.c. may lead, i.e. consequence in the form of creating, under certain circumstances, a mechanism enabling the entitled person to interrupt the limitation period without incurring any costs. As this was not the purpose of introducing the considered institution, the rest of the article considers, on the basis of procedural law, how such an unwanted effect should be avoided.

More...
Systemowe uwarunkowania zakresu zastosowania definicji legalnej „beneficjenta” w ramach polityki spójności

Systemowe uwarunkowania zakresu zastosowania definicji legalnej „beneficjenta” w ramach polityki spójności

Author(s): Robert Talaga / Language(s): Polish Issue: 105/2023

The general framework for spending the EU budget, adopted by authorized institutions, is to contribute to the implementation of the strategic development goals set by individual Member States. It is up to national legislators to develop and specify such regulations, who remain authorized to issue relevant normative acts in accordance with the applicable institutional and procedural autonomy (Galetta 2010). In the Polish legal system, the legislator adopts appropriate statutory regulations for each successive programming period of the EU budget. Under the cohesion a co-financing agreement and on the basis of an administrative decision has been retained. So far, the concept introduced in this way had different meanings depending on the content of the provisions formulated by the EU legislator and the national legislator. Therefore, it was necessary to take into account the definition of „beneficiary” contained in both separate provisions of national law and European law, often also taking into account the specificity of the purpose of individual funds. The legal definitions introduced in this respect had a specific scope of validity. However, it was not always identical to the intentions of the national legislator. At the same time, there were systemic factors which, on the one hand, extended the scope of application of the introduced legal definitions, and, on the other hand, limited them.

More...
Oblicza sprawiedliwości

Oblicza sprawiedliwości

Author(s): Robert Krasoń / Language(s): Polish Issue: 105/2023

Justice is undoubtedly the foundation of the existence and functioning of a democratic state under the rule of law, the formation of social relations, and an essential factor for building and deepening trust. In turn, the concept itself appears as undefined, vague, often described as unclear. Justice has had, has and probably always will have two faces – positive and negative. Under no circumstances should it be interpreted as a one-time, momentary burst of emotion, triggered by some impulse from the outside, but as a skill of reason acquired by long-term moral effortand will. Justice has accompanied mankind since the beginning of time. It is a peculiar phenomenon, the essence of which has been pondered over the centuries by the great minds of the world: philosophers, poets, biblical authors. Thinking about justice, we intuitively sense that it is one of the most important issues for humanity in general – an all-encompassing issue.

More...
From Maternal Preference to Shared Parenting: Child’s Well-Being. Lessons from the USA

From Maternal Preference to Shared Parenting: Child’s Well-Being. Lessons from the USA

Author(s): Katarzyna Kamińska / Language(s): English Issue: 105/2023

The article concerns parenting after divorce or separation within the context of social changes. Special attention is paid to the principle of the welfare of the child, which is the most important criterion for deciding child custody. The child’s welfare is an open concept that grants a wide discretion to courts in choosing the best custodial arrangement for a child in a particular case. In this context, reference was made to the American experience on parenting after family break-up, separation or divorce. In the USA different theories were developed to explain which parenting model best fulfils the principle of the child’s welfare. This article discusses the tender years doctrine, primary care-taker preference, psychological parent doctrine and approximation rule. After a divorce, a mother was usually granted custody and a father paid child-support. He was placed in the background and excluded from the daily activities of his child. Currently, the theory of mother-nurturer and father-breadwinner is coming to an end; the father is no longer the only breadwinner responsible for providing the family an adequate standard for living, and the mother is no longer primarily responsible for the duties of childrearing and household chores. The changes taking place are reflected in struggling for equal treatment in the award of custody and abandoning the stereotypical approaches based on awarding custody automatically to mothers. A significant rise in the number of parents entering into joint custody arrangements is observed.

More...
Autonomia i wolność – korelacja pojęć w doktrynach polityczno-prawnych

Autonomia i wolność – korelacja pojęć w doktrynach polityczno-prawnych

Author(s): Olgierd Górecki / Language(s): Polish Issue: 105/2023

The aim of the article is to present the relation of significance between the concepts of autonomy and freedom in the context of political and legal doctrines. The analysis carried out serves to demonstrate that the concept of autonomy has a narrower meaning, included in a broader category, which is freedom. While the concept of autonomy is not identical with the negative approach to freedom, which boils down to having the widest possible spectrum of alternatives to choose behavior, it is expressed in the concept of positive freedom, which basically means independent control of one’s own behavior. Both concepts were examined only in the context of perceiving them as a human attribute. The methodology of the conducted analysis is based mainly on the concepts of Isaiah Berlin, Gerald C. MacCallum Jr. and Gerald Dworkin. The article also discusses the understanding of the concept of autonomy in selected judgments of the European Court of Human Rights.

More...
Rozumienie filozofii prawa a kształt systemu prawa

Rozumienie filozofii prawa a kształt systemu prawa

Author(s): Jan Woleński / Language(s): Polish Issue: 41 (5)/2022

This paper discusses the place of legal philosophy in jurisprudence related to the so-called continental legal system – the common law tradition is only occasionally mentioned. It is argued that the traditional identification of legal philosophy with axiology understood as investigatiing relations between law and morality, is not correct, because there are more philosophical problems related to law. Some methodological problems of jurisprudence are illustrated by the so-called multiplane conception of law. The main thesis of the paper says that the present shape of legal system resulted from positivisation of law in the 19th century. The rise of legal positivism was one of the consequences of this process. Positivism in jurisprudence claimed that jurisprudence should be autonomous with respect to other sciences. The lack of presence of legal philosophy in jurisprudence was one of the outcomes of legal positivism. After World War II, the situation changed and legal philosophy, not only identified with axiology, but also was legitimized independently whether practiced in jurisprudence or outside it.

More...
Konstytucyjne uwarunkowania transitional justice po epizodzie regresu praworządności w świetle standardów europejskich a kwestia statusu sędziów

Konstytucyjne uwarunkowania transitional justice po epizodzie regresu praworządności w świetle standardów europejskich a kwestia statusu sędziów

Author(s): Marcin Górski / Language(s): Polish Issue: 44 (3)/2023

The aim of the article was to establish the parameters of administering transitional justice in the aspect of disqualifying justice, stemming from the European Convention on Human Rights and currently defining the standard of interpretation of the Convention established in the jurisprudence of the European Court of Human Rights. The parameters determined in this way were applied to the problem of verifying the status of persons who obtained judicial nominations as a result of procedures involving the so-called neo-KRS (National Council of the Judiciary as constituted by the law of 2017). The legislative drafts submitted to the Polish legislator were assessed against these criterions. It was found that only the draft presented by the Association of Polish Judges Iustitia fulfilled the ambitions of imposing disqualification justice. A critical analysis of this draft was carried out, indicating that it should be generally assessed positively, with some reservations relating mainly to the problem of the lack of judicial control over the proposed verification process and to doubts related to the proportionality principle. The formal and dogmatic method and the analysis of jurisprudence (mainly the ECtHR) were used to carry out the analysis.

More...
Dialog orzeczniczy między Trybunałem Konstytucyjnym a Trybunałem Sprawiedliwości – kooperacja czy konfrontacja?

Dialog orzeczniczy między Trybunałem Konstytucyjnym a Trybunałem Sprawiedliwości – kooperacja czy konfrontacja?

Author(s): Monika Haczkowska / Language(s): Polish Issue: 44 (3)/2023

The jurisprudential dialogue between the Constitutional Court and the Court of Justice of the EU has developed over more than 20 years. Initially, before Poland’s accession to the EU, it took the form of making interpretations friendly to European integration and EU law. It then took on various forms of constitutional dialogue, including cooperation with the Court of Justice in the context of preliminary questions. The dialogue took place with respect for constitutional positions and mutual jurisdictions, and with respect for the principle of loyal cooperation and the primacy of Union law. The jurisprudence of the Constitutional Court after 2020 shows a departure from dialogue towards confrontation. The Constitutional Court has chosen a “collision course” in dialogue with the Court of Justice of the EU. It would seem desirable to seek a common denominator in the form of common constitutional values that underpin the axiology of the legal systems of the Member States and underpin the functioning of the EU. EU law is in fact based on the constitutional traditions of the Member States. The common constitutional values of the Member States should form the basis for a search for compromise and for the elimination of tensions that are inevitable in a supranational organization with such a multi-layered structure as the European Union. The aim of the publication is to present the process of shaping the judicial dialogue between the Constitutional Court and the Court of Justice of the EU. This publication uses the legal-dogmatic method and the historical-legal method.

More...
НАУЧНИ ПОРТРЕТ - АКАДЕМИК ДАНИЛО Н. БАСТА: САБРАНИ СПИСИ

НАУЧНИ ПОРТРЕТ - АКАДЕМИК ДАНИЛО Н. БАСТА: САБРАНИ СПИСИ

Author(s): Not Specified Author / Language(s): Serbian Issue: 187/2023

Дана 7. априла 2023. године, на иницијативу др Мише Ђурковића, директора Института за европске студије у Београду, у просторијама Института одржан је Округли сто поводом објављивања Сабраних списа академика Данила Н. Басте.

More...

ON THE RULE OF LAW THAT CONTESTS AND THAT IS CONTESTED

Author(s): Csaba Varga / Language(s): English Issue: 3 (1)/2023

The rule of law has become a watchword in international politics over the last few decades. It has been transformed from a descriptum into a prescriptum, a criterion for judging legal orders, transferred from the legal to the political sphere. For Hungary, its impact coincided with the dissolution of the Soviet empire and the advance of globalisation in our unipolar world. But it did not become, could not become, an operative term in law, since it is not linked to a definition of facts that would allow it to become legally ascertained and established as a set of facts constituting a legal case. Because, by its very nature, it is not a class concept with sharp boundaries, but a concept of order that can only be clarified by characterization and through examples. It is what literature calls essentially contested, and what institutions and authors are constantly expanding with competing formulations, which has long since led to its internal emptying out. In its origin and development, it has never been anything other than the accumulated experience of civilisational self-growth in the operation of the law by the state, which has evolved in responses to the challenges of various places and times. That is, it is particular, a function of hic et nunc developments. And the way in which our present attempts to universalise this — in which, of course, mutual learning processes between nations and ages are also involved — is a mere artificial projection, which conceals the West’s urge to export the values that guide it. Not a yes or no category, but an ideal towards which we strive. Contradictory, with compromises, because if we attempted to satisfy it in its entirety, the conflicting values within it could extinguish each other; consequently, only a case-by-case weighing up of these values can ensure that a balance, optimally satisfactory there and then, is achieved.

More...

FETUS KAO OSOBA

Author(s): Laura Vilić,Ivana Tucak / Language(s): Serbian Issue: 3 (1)/2023

“Who can be considered the holder of rights” is one of the fundamental questions in the theory and philosophy of law. This issue is gaining increasing importance with the development of technology (artificial intelligence) as well as with new considerations, for example, regarding animals and trees. This topic is especially relevant in the context of the fetus’s right to life, where the question arises about the beginning of life. Although no one denies that fetuses belong to the human species, there is no agreement on the exact point at which they become a person. In almost all modern states, the moment of birth is considered as a key point. If the fetus is recognized as a person with the right to life, the right to abortion cannot be recognized, as in that case abortion would constitute a crime of murder. The goal of this paper is to offer an answer to the question of whether fetuses can be considered holders of rights by critically examining the positions of contemporary theoreticians.

More...
Data in Legal Philosophy and Practice: Contemporary Conceptual and Regulatory Developments

Data in Legal Philosophy and Practice: Contemporary Conceptual and Regulatory Developments

Author(s): Tomas Berkmanas,Saulė Milčiuvienė / Language(s): English Issue: 79/2023

This article analyzes the recent evolution of the concept and regulation of data as an integral attribute of the digital age. At the conceptual level, two extreme approaches are in focus. First, the so-called dataism approach, characterized by a speculative but also often radical and shocking holism. The other approach is dominated by an equally radical, inert, and problematic skepticism. This paper proposes an alternative philosophical position towards data (as a phenomenon), analogous to sociological jurisprudence or legal realism in the philosophy of law. Various relevant aspects are analyzed at the regulatory level, ranging from attempts to define ‘data’ in legislation to possible tectonic breaks in the paradigm of copyright and sui generis rights. In this context, it is highlighted that the protection of the property rights of data holders, which has been the subject of a narrow academic debate, even though data have a growing economic value and are increasingly important for economic growth and prosperity. This paper calls for a more balanced approach to data while also balancing the interests of data holders, data users, and society. This may also require some significant changes in the regulation of copyright and sui generis rights, in which data are only subject to copyright and sui generis protection in very limited cases.

More...
Reflections on the Successional Representation of the Unworthy Renunciant

Reflections on the Successional Representation of the Unworthy Renunciant

Author(s): Natalia Veronica Stoica,Liviu Alexandru Narla / Language(s): English Issue: 3/2023

The efforts to adopt a new Civil Code, initiated in the period 1999-2004 and finalized in 2011, aimed to expand the scope of representation in succession cases, including cases involving unworthy heirs and renunciants. However, legislative stagnation partially prevailed, as the Law no. 287 of 2009 on the Civil Code, with amendments introduced by Law no. 71/2011 for its implementation, only regulated the possibility of representation for unworthy heirs and not for renunciants. The partial modernization of the rules on representation in succession raises new questions and the need for answers. In the current context of the regulation of representation in succession, we aim to address the legitimate question of whether an unworthy heir can renounce inheritance and, if so, whether a renunciant unworthy heir can be represented by their descendants. We note that in the legal doctrine associated with the Civil Code of 1864, no speculation was made regarding this legal situation, as an unworthy heir could not be represented in succession, and such a discussion would have been pointless. Therefore, we will present the historical and evolutionary journey of the institution of representation in succession, from Roman law to modern times, as well as the winding path of adopting a new Civil Code in this area. By doing so, we can reach a valid conclusion regarding the issues addressed in this material.

More...
SOCIAL MORALITY AND LAW IN DEMANDING FEMININE BEHAVIOURS

SOCIAL MORALITY AND LAW IN DEMANDING FEMININE BEHAVIOURS

Author(s): Alicia Valmaña Ochaita / Language(s): English Issue: 2/2023

Women in the Roman world have usually been portrayed from a flat, uncontoured perspective. The generalisation of women in classical literary sources is observed when these, in general, only deal with a certain type of woman, the matrons, and, moreover, present a homogeneous form of behaviour. This paper analyses the perception of the behaviour of matrons in a specific historical moment, the Second Punic War, both from the perspective of social morality and from the perspective of law.

More...
Result 1441-1460 of 2434
  • Prev
  • 1
  • 2
  • 3
  • ...
  • 72
  • 73
  • 74
  • ...
  • 120
  • 121
  • 122
  • Next

About

CEEOL is a leading provider of academic eJournals, eBooks and Grey Literature documents in Humanities and Social Sciences from and about Central, East and Southeast Europe. In the rapidly changing digital sphere CEEOL is a reliable source of adjusting expertise trusted by scholars, researchers, publishers, and librarians. CEEOL offers various services to subscribing institutions and their patrons to make access to its content as easy as possible. CEEOL supports publishers to reach new audiences and disseminate the scientific achievements to a broad readership worldwide. Un-affiliated scholars have the possibility to access the repository by creating their personal user account.

Contact Us

Central and Eastern European Online Library GmbH
Basaltstrasse 9
60487 Frankfurt am Main
Germany
Amtsgericht Frankfurt am Main HRB 102056
VAT number: DE300273105
Phone: +49 (0)69-20026820
Email: info@ceeol.com

Connect with CEEOL

  • Join our Facebook page
  • Follow us on Twitter
CEEOL Logo Footer
2025 © CEEOL. ALL Rights Reserved. Privacy Policy | Terms & Conditions of use | Accessibility
ver2.0.428
Toggle Accessibility Mode

Login CEEOL

{{forgottenPasswordMessage.Message}}

Enter your Username (Email) below.

Institutional Login