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Theories of Private Property: Ownership and Social Justice

Theories of Private Property: Ownership and Social Justice

Author(s): Ľuboš Blaha / Language(s): English Issue: 1/2018

In the following study I will take a closer look at the concept of ownership, which is the real cause for concerns by Libertarians with regard to the concept of social justice. In general, we can talk about three basic methods of argumentation in favour of private ownership - immanent, desert-based and consequentialist. The first of them speaks of ownership as a fundamental human right, e.g. Nozick´s theory. The basic problem of Nozick´s argumentation is his assumption of equal rights of all people to ownership. One´s right to ownership, however, may distort the right to ownership of the others. The second reasoning, the desert-based theories, usually consider the entrepreneurial initiatives, investments or the energy expended the legitimation for the private property. However, the advocates of private property fail to prove that the deserts of the owner are in comparison with the workers in proportion to their often immeasurably higher rewards and power. The third way of argumentation is offered by the consequentialist theories of ownership. The mainstream argument is based on the Aristotelian-Thomistic argument that the private ownership motivates the owner to care about his own with greater tendency and interest. However, the managerial revolution within corporate capitalism shows that ownership is not directly linked to efficiency, and therefore the private ownership can be replaced by other forms of ownership, especially the cooperative ownership which I defend as the social just alternative to the classical private property models.

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Въображение и справедливост
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Въображение и справедливост

Author(s): Aleksander Kiossev / Language(s): Bulgarian Issue: 3/2020

This text is a lecture delivered in the “Forum for justice”, established in 2019 in memoriam to the friend and intellectual ally Christian Takov, a professor in low, who passed away in 2017. The lecture explores the concept of justice with methods unusual for philosophical or juridical inquiry – the interpretative techniques of literary theory. Central is the hypothesis that the various forms of literary imagination are instrumental in awarding a major hermeneutical Good – understanding; a claim, exemplified by a close reading of works by Anton Chekhov and Vladimir Nabokov. Narratology (especially the various patterns of relationship between the omniscient narrator and literary characters, limited in their knowledge), is used as a methodological tool to investigate the forms of uneven distribution of this Good in different historical epochs. The lecture concludes that unlike literature in previous centuries, modern literature is in its very nature utopian enterprise: its mission consists in universalizing understanding up to the limits of human nature.

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Czy prawu potrzebny jest heros? Reinterpretacja sędziego- -Herkulesa w świetle myśli starożytnej

Czy prawu potrzebny jest heros? Reinterpretacja sędziego- -Herkulesa w świetle myśli starożytnej

Author(s): Anna Ceglarska / Language(s): Polish Issue: 41 (5)/2022

In his work “Law’s Empire”, Ronald Dworkin made the famous comparison that the judge should be like the mythical Hercules. In the modern interpretation, we most often follow the path mapped out by Rawls and Habermas, understanding the judge-Hercules as someone undertaking a heroic effort to discover the only right and true solution to the case. These considerations, however, very often overlook an extremely important aspect. Namely, the attempt to understand and interpret the figure of Hercules, and more broadly – heroes. This article aims at reinterpreting the character of the hero – and thus the judge – by returning to the ancient pattern. By returning to the roots and the ancient way of understanding the hero, it is also possible to better understand contemporary disputes, especially those related to judicial activism and differences in its assessment, as well as to develop a new model of a judge who is neither a hero nor the “mouth of the law”. Within the text, both, the ancient concept of the hero and the figure of Hercules, as the embodiment of a certain archetypal pattern, are analysed. On this basis, the possessed and desired competences of both the hero and the lawyer are also examined. This leads to a different interpretation of the judge-hero. The hero, like the judge, is not to remain outside or above the community but within it. In the relational nature of a judgment, directly related to the concept of prudence and practical thinking, the judge issues a judgment but this judgment is a subject to evaluate, just as the actions of a hero are evaluated by the community which, at the same time, prove his extraordinary role in the process of development, including making and interpreting the law. Thus, the modern judge-Hercules should not be a super-lawyer, an unattainable ideal who loses contact with the rest of society but a hero in the very Greek sense of the word. That means, a real model, having completely human experiences, knowledge and the ability to draw conclusions, teaching his fellow citizens to think and make decisions, while taking into account the needs of the community.

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Czy warto wprowadzić zakaz negatywnej kampanii wyborczej?

Czy warto wprowadzić zakaz negatywnej kampanii wyborczej?

Author(s): Piotr Uziębło / Language(s): Polish Issue: 44 (3)/2023

Nowadays, negative campaigning is a permanent feature of political life. This often leads to situations where false or manipulated information determines the outcome of an election. Consequently, some countries have decided to significantly restrict the possibility of negative campaigning, as exemplified by Japanese or French legislation. The question can be asked whether similar bans would be worth introducing in Poland. One argument in favour of their introduction is the desire to increase the substantive level of electoral campaigning or to better ensure implementation of the principle of equal electoral opportunities. However, there are more arguments against such a ban. It would constitute a significant limitation of the principle of freedom of speech and, consequently, a limitation of the transparency of politics or the assurance of actual rivalry between political parties.

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ETIČKO-PRAVNI PROBLEMI KLONIRANJA ČOVEKA

ETIČKO-PRAVNI PROBLEMI KLONIRANJA ČOVEKA

Author(s): Marina Elisovna Guriljova,Gulnara Mulanurovna Hamitova / Language(s): Serbian Issue: 1-2/2023

In developing science and society, the questions about the acceptability of the use of certain invented technologies arise more frequently. These issues require an unambiguous solution and monitoring of its implementation. One of the most pressing contemporary issues of biomedicine is the possibility of human cloning, the legal regulation of which has not been developed. The aim of the work is to analyze the existing ethical and legal framework of human cloning in the Russian Federation and to develop proposals for its improvement. The authors studied the materials published since the invention of cloning technology, such as speeches by leading scientists, scientific publications on this topic, the work of research groups (both in support of cloning and against it), as well as the results of sociological surveys of the population, legal acts of the Russian Federation, the experience of foreign states in the regulation of biotechnology. The lack of legal regulation of the process of human cloning in the territory of the Russian Fede-ration was revealed. To supplement it, the following proposals are suggested: (1) clarification of terminology in legislative documents and legal consolidation of the concepts of therapeutic and reproductive cloning; (2) establishment of penalties for violation of prohibitions on the use of technology and definition of mechani¬sms for the enforcement of these penalties; (3) development of the direction of „somatic human rights" and, with a view to the future, consolidation of human clone rights. The authors believe that in the presence of legal regulation, the de-velopment of technology will not bring moral harm to humanity.

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ЗАШТО И ЧЕМУ САБРАНИ СПИСИ ДАНИЛА Н. БАСТЕ?

ЗАШТО И ЧЕМУ САБРАНИ СПИСИ ДАНИЛА Н. БАСТЕ?

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 187/2023

Желео бих на самом почетку да изразим задовољство што данас говоримо о Сабраним списима Данила Н. Басте2 ; што ћемо указати на трагове које је он оставио у правној науци, филозофији и култури Србије, али и у генерацијама његових сарадника, студената, читалаца и поштовалаца његових дела.

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ОДЛУЧНОСТ ЗА ДОБРО, КАО УВОДНА И ЗАВРШНА РИЈЕЧ НЕСПОРНОГ ХУМАНИЗМА

ОДЛУЧНОСТ ЗА ДОБРО, КАО УВОДНА И ЗАВРШНА РИЈЕЧ НЕСПОРНОГ ХУМАНИЗМА

Author(s): Časlav D. Koprivica / Language(s): Serbian Issue: 187/2023

Двије кључне ријечи које би могле представити шта је радио и како је радио Данило Н. Баста биле би хуманизам, односно традиција. На једном мјесту у својим списима аутор спомиње нешто што је иначе „лозинка” академских људи хуманистички оријентисаних у традиционалном смислу, притом у његовој модерној варијанти. За етос модерног хуманизма – дакле, за хуманистичко животно држање, а не само идејну оријентацију – мјеродавна је анегдота о Канту који је неколико дана пред смрт, примајући љекара који је дошао да га обиђе, устао уз крајње напоре, не хотећи да сједне док то не учини љекар. Када су га подсјетили да се у његовом стању ни најмање не очекује уважавање спољашњих правила у

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НАД СИТНИЈИМ СПИСИМА ДАНИЛА Н. БАСТЕ

НАД СИТНИЈИМ СПИСИМА ДАНИЛА Н. БАСТЕ

Author(s): Dušan Dostanić / Language(s): Serbian Issue: 187/2023

Организатори овог разговора почаствовали су ме позивом да данас пред вама кажем неколико речи о сабраним списима академика Данила Басте. Имајући у виду дело о коме је овде реч, јасно је да тај задатак умногоме превазилази моје моћи, поготово јер нисам ни филозоф, ни правник, тако да вас унапред молим за разумевање.

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РЕЧ НА КОЛАРЦУ 1. ЈУНА 2023.

РЕЧ НА КОЛАРЦУ 1. ЈУНА 2023.

Author(s): Danilo N. Basta / Language(s): Serbian Issue: 187/2023

На самом почетку, реч захвалности желим да упутим угледној и цењеној Задужбини Илије Коларца, која је данас, захваљујући уредничком разумевању, отворила врата своје одавно чувене Мале сале да би се у њој могли да изговоре меродавни и веродостојни судови о мојим Сабраним списима. Исказујем ту топлу реч захвалности и као неко ко је у прошлости неколико пута био почаствован да са овога места одржи предавања, рецимо, о појму права код Фихтеа, о Хајдегеровој епистоларној филозофији или о Милану Гавриловићу. Сама могућност да се овде говори увек је била велико признање.

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ЗАКЉУЧНА РЕЧ

ЗАКЉУЧНА РЕЧ

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 187/2023

После овог поетско-хајдегеровског, на моменте и тестаменталног излагања академика Данила Басте, аутора ових Сабраних списа, мени је преостало да приведем крају наш разговор. Учинићу то упућивањем речи захвалности свим говорницима које смо са задовољством саслушали. Они су показали да ми у Србији данас, свему упркос, имамо интелектуалну и филозофску заједницу способну да створи дела каква смо вечерас имали прилику да представимо. По мом мишљењу, они су свој суд изрекли на највишем интелектуалном, духовном и излагачком нивоу.

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BREASTFEEDING AND ROMAN LEGISLATION

BREASTFEEDING AND ROMAN LEGISLATION

Author(s): Renato Perani / Language(s): English Issue: 2/2023

The practice of wet-nursing spread in Roman times as early as the late Republic even more during the Imperial age. It is widely believed in the literature that it was the Antonine emperors who curbed this trend and favoured the role of mothers. However, there is no specific legislative intervention handed us to us, but some legal and literary sources confirm the widespread interest in this topic at the time.

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SOME REFLECTIONS UPON THE SUBJECTIVE RIGHT AND THE ABUSE OF RIGHT DOCTRINE

SOME REFLECTIONS UPON THE SUBJECTIVE RIGHT AND THE ABUSE OF RIGHT DOCTRINE

Author(s): Daniela Pojar / Language(s): English Issue: 1/2022

The purpose of the article is an analysis of the theoretical aspects of the subjective right doctrine. Starting from the idea that the subjective right is something different from the positivist norm, the legal thinking was permanently concerned about giving a definition to it, about determining its features and legal nature, elements that differentiate it from the positive right, as well as establishing the principles of its exercise. In the following article we tried to highlight the fact that the exercise of a right by its holder contrary to the principles of exercise, as well as the fulfillment of the obligations assumed by him gives rise to a phenomenon called abuse of right.

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OD LJUBICE ATANASIJEVIĆ DO KSENIJE MARKOVIĆ

Author(s): Jovan Bukovala / Language(s): Serbian Issue: 2/2023

The main goal of this research is cognitive - exploratory-descriptive, thanks to the facts obtained through theoretical analysis, through the literature that consists of positive legal regulations (Law on Registration Books, General Administrative Procedure Act, Family Law). The subject and aim of this paper required the use of a qualitative empirical method - biographical (the fact of the birth of Ljubica Atanasijević, the conclusion of the marriage between Milan Marković and Ksenija Atanasijević and the death of Ksenija Atanasijević Marković) and operational - analysis of the content of documents (certificates of births, marriages and deaths, registers of citizens).

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FILOZOFIJA PRAVA KARLA ŠMITA

Author(s): Neven Cvetićanin / Language(s): Serbian Issue: 1/2023

The paper presents a theoretical consideration of the basics of philosophy of law of Carl Schmitt, a famous German lawyer and thinker who is the author of a quite controversial law theory, which to this day will not cease to intrigue the professional researchers. The work approaches Schmitt’s thought in an impartial way, and conducts a constructive dialogue with his theory of law and the state, i.e. his philosophy of law, acknowledging Schmitt’s analytical results in defining the relationship between politics and law, but also criticizing his theory where it shows certain exaggerations. The paper presents a simultaneous research of Schmitt’s theory and Schmitt’s biography, trying to show the existential and political reasons why he tried to conform his theory of state and law to the totalitarian political circumstances in which he lived. The paper finally evaluates the value of Schmitt’s theory, which in a clear, descriptive and logical way distinguished two levels of legal thought, distinguishing the very level of constitution of the political-legal order where law is not, in real historical conditions, separate from politics - and the level of the system of positive legal norms itself. In addition to discussing the basic figures of Schmitt’s philosophy of law, the paper also pays attention to Schmitt’s treatment of particular legal-theoretical issues, such as the issue of the state of emergency and sovereignty.

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THE BANALITY OF LIBERAL DUE PROCESS THEORY IN INTERNATIONAL CRIMINAL LAW

Author(s): Tiphaine L. Dickson,Mark O. Hatfield / Language(s): English Issue: 4/2017

International war crimes trials are normative pursuits par excellence; they are understandably deeply emotional affairs, as a result of the horrors and injustices that lead to their establishment. Since these trials emerge from political decisions, the fundamental challenge in international criminal law has been to try to conduct judicial proceedings uncontaminated by passion and politics. Contemporary legalism, inspired by democratic peace theory, argues that liberal polities are more likely to establish international war crimes tribunals than illiberal polities, and posits that these liberal courts are more likely to be driven by a commitment to due process. I argue that reliance on legalism (as a political theory) is misplaced: not only have illiberal states participated in the establishment of war crimes courts, but legalist claims obscure the fact that many proceedings have been marred by significant due process deficiencies. The U.S.—as the archetypically liberal legalist state—has not accepted to be held to the norms and institutional constraints emerging from institutions of international criminal justice that it has shaped and promoted. I begin to develop an approach that I call Kantian realism, which holds that states should only establish norms and institutions that they would willingly decree upon themselves.

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What does law have in common with a folk tale? Perspectives of application of Propp’s method in jurisprudence

What does law have in common with a folk tale? Perspectives of application of Propp’s method in jurisprudence

Author(s): Łukasz Mirocha / Language(s): English Issue: 47 (1)/2024

This study aims to present to the readers the achievements of Russian literary scholar Vladimir Propp and to analyse the possibility of applying them in jurisprudence. Propp researched literary pieces from the magical tale genre and came to a conclusion that their plot is composed of 31 repeating functions performed by 7 types of characters. Propp showed that despite variations in the names of actions, characters and superficial attributes in various folk tales, the deep level of the text of these works allowed readers to notice some identical elements between them. Propp’s major work - Morphology of the Folktale, together with anthropologist Claud Lévi-Strauss’s thought and the findings made by Noam Chomsky became an inspiration for the development of the French school of structuralism and narratological research. The discussion presented in this article fits the research realm called law and literature, especially its narratological branch. This study presents a synthetic elaboration on the state of the art of research on legal narratology and possible application and limitations of Propp’s thought in this field. This work does not rely on the analysis of the law in force, thereby a reference to such a method or a reference to the historical development of relevant law is unnecessary here. Instead, discourse analysis plays the pivotal role in this article. This paper points out that given the differences that occur between law and literature, Propp’s achievements may primarily play the role of inspiration for jurisprudence, though there are realms in which Propp’s method may be applied directly.

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Can Artificial Intelligence Engage in the Practice of Law as the Art of Good and Justice?

Can Artificial Intelligence Engage in the Practice of Law as the Art of Good and Justice?

Author(s): Neringa Gaubienė / Language(s): English Issue: 2 -Special/2024

This article explores whether artificial intelligence (AI) can engage in the practice of law as an art of good and justice. It examines the historical and philosophical foundations of law as the art of promoting societal harmony and resolving moral dilemmas. The research employs critical and philosophical analysis methods integrating insights from legal scholars, ethicists, technologists, and policymakers. The study identifies AI’s potential to streamline legal processes, enhance access to justice, and reduce bias in decision-making. However, it also highlights ethical challenges such as transparency, accountability, and the impact on the legal workforce. The article emphasises the importance of striking a balance between technological innovation and human values, advocating for proactive regulation and interdisciplinary cooperation to ensure the ethical development and implementation of AI in law. The results of the study highlight the transformative potential of AI in revolutionising legal practice, emphasising its capacity to streamline processes, improve access to justice, and mitigate bias. However, ethical considerations such as transparency, accountability, and the preservation of human judgment are crucial to ensuring that AI integration in law upholds fundamental principles of justice and fairness.

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A Theory of Justice and Social Mechanics

A Theory of Justice and Social Mechanics

Author(s): Laurynas Didžiulis / Language(s): English Issue: 2 -Special/2024

In this article, I argue that Aristotle, a universal philosopher who analysed both natural and social worlds, suggested a groundwork for a theory of justice, which is a fertile soil for a broader social perspective. Such categories as the social order, free will, law, policy choices, and the state are naturally flowing from his brief passage on justice in his Nichomachean Ethics. I assert that all of them are phenomena of turbulent social mechanics. Therefore, in this paper I introduce Aristotle’s contribution to the mainstream theory of justice and then, loosely relying on the works of Aristotle and Newton, I develop a theory of justice in the context of social mechanics. I conclude that the concept of justice is essentially the same as Newton’s third law of mechanics. For this purpose, I employ interdisciplinary and functional approaches, textual and conceptual analysis, and the method of deduction.

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The Uncertainty of Aviation Safety and Aviation Security in Relation to Human Rights: Philosophical Aspects of Legal Definitions

The Uncertainty of Aviation Safety and Aviation Security in Relation to Human Rights: Philosophical Aspects of Legal Definitions

Author(s): Saulius Stonkus / Language(s): English Issue: 2 -Special/2024

The article discusses the uncertainty of legal definitions of aviation safety and and aviation security, the implementation of which often result in certain restrictions of human rights. In the article, a hypothesis is made that, despite usually treated as well-known concepts, safety and security are not so clear and well-defined, often leaving the reader to guess at their precise meaning. The aim of this article is to identify the core features that characterise aviation safety and aviation security and could disclose their legal content when assessing their comparative weight in relation to the protection of human rights. Supported by holistic approach from different perspectives (socio-cultural, historical, etc.), the phenomenological and hermeneutic analysis allowed providing an in-depth understanding of various meanings of safety and security concepts. An overview of the existing linguistic peculiarities of the use of the terms ‘safety’ and ‘security’ with an emphasis on the importance of determining the context in which they are used as primary evidence of their meaning is followed by the analysis of the common features and differences between the concepts of safety and security that supplements the discourse on the dilemma of combining subjective and objective, relative and absolute perceptions of safety and security. The research from the view point of normative jurisprudence reveals the polysemy inherent in aviation safety and aviation security, especially in terms of the values they represent, suggesting the conclusion that legal definitions of ‘aviation safety’ and ‘aviation security’ should in part be treated as a sort of ad hoc definitions, which have to be developed (clarified) in each particular case.

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Essays I/2024

Essays I/2024

Author(s): Paweł Matłacz,Barbora Spáčilová,Nikolaj Taliga,Dominik Zachar / Language(s): English Issue: 29/2024

A set of student English written essays on current ICT law topics.

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