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.
Alexan dre Kojeve (1902.-1968.) i Carl Schmitt (1888.-1985.) potjecali su iz prilično različitih miljea, krenuli različitim profesionalnim putovima i pozicionirali se na dva međusobno suprotstavljena pola u spektru suvremenog političkoga mišljenja.
More...
The article presents the contemporary socio-philosophical edition of “justice” as the reception of Aristotelian ideas of the purposeful and equal distribution. Ways of a tematization of the “justice” in liberal-philosophical and hermeneutical tradition are analysed on the example of John Rawls and Riker’s positions. The methodological bases of the analysis and representation of this phenomenon are noted as continuations of logic of ancient topics of “justice”. The discourse of justice serves as an area of categorization of duties and obligations, and the sphere of social pragmatics. The authors believe that the specifics of the position proposed by J. Rawls is that his theory of justice is an attempt of transcendental foundation of socialality. The transcendental apriori in Paul Ricoeur′s hermeneutics works differently. He postulates the importance of a peaceful life measurement. In the transcendental dimension justice perceives the source of moral prescriptions in the idea of the Other and manifest itself as an intentional object. In the domain of law justice corresponds to legal prescriptions and application of the rights makes “justice” – in the spirit of Aristotle – the predicate of a specific legal decision.
More...
We consider the concept and attributes of the functions of a legal system and analyze their peculiarities. Great attention is paid to the integrative function of a legal system, regarded as the most important one since it ensures integrity of both legal system and society in general. We study regulatory and protective functions peculiar to both law and a legal system, as well as the function of legal socialization, the function of value orientation, and the information function of a legal system. We believe that an individual function of law may be included in the content of various functions of a legal system. The functions of a legal system and the functions of law depend on the peculiarities of legal family.
More...
The author undertakes to establish the legal title to performing the creative function by the two chambers of Polish Parliament as a representative of the nation. The article describes the competence of the Sejm and the Senate as the constitutional authorities of the State that perform the creative function. The creative function of the Parliament may be considered as a result of the activities of this institution for other institutions as well as the functioning of the whole system. Voters’ crisis of confidence in the both chambers of Polish Parliament may also be understood as a crisis of its functions.
More...
Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.
More...
Nepravilnosti i abnormalnosti suđenja u Jerusalemu bile su toliko brojne i raznovrsne, te tako pravno kompleksne, da su, kako u toku sudskog procesa, tako i u začuđujuće malobrojnoj literaturi objavljenoj nakon suđenja, da su zasjenile centralne moralne, političke pa čak i pravne probleme koje je proces neizbježno postavio. Izrael je, sa svoje strane, putem izjava premijera Ben-Guriona prije samog procesa, te načina na koji je tužilac uobličio optužbu, napravio zbrku medu predmetima, navodeći veliki broj ciljeva koje je ovaj proces trebao ispuniti, a koji su svi bili drugorazredni u odnosu na zakon i sudsku proceduru. Cilj suđenja je provođenje pravde, i ništa drugo; čak i najplemenitiji medu ostalim ciljevima - "načiniti takvu svjedodžbu o Hitlerovom režimu koja bi odoljela ispitu povijesti", kako je Robert G. Storey, izvršni sudski savjetnik u Nurnbergu formulirao pretpostavljene više ciljeve Nurnbergškog procesa - mogao bi samo nauditi osnovnoj zadaći zakona: da odmjeri optužbe postavljene protiv optuženog, da presudi i da predloži zasluženu kaznu.
More...
In the past, the international society was also characterised by the fact that, in lack of international organisations, in case of armed attack or other violation of international laws, the personal self-defence was predominant, with the affected state being the only one which had the possibility to react towards what it considered a violation of its rights, resorting to force in order to protect its own interests. The events occurred after the Second World War, especially consecrating in art. 2 p. 4 from the UN Charter, the principle regarding the prohibition of force or force threatening in the international relations, had as a result the fact that reactions with the title ”armed countermeasures” were, mainly, forbidden, with only the use of countermeasures without weapons being accepted.
More...
It can be accepted that one of the practices of subordination of women to men in traditional societies is about the right of inheritance. If we think about the case of Turkey related to this topic, we could assert that, Turkey has heterogeneous character in this sense. In other words, if we examine legal arrangements, we can say that there is equal right of inheritance of both men and women. But, in practice the realization of this right cannot always happen. Both economical and cultural factors are among the causes of this fact. Giving equal part of inheritance to the daughters or sisters is perceived as the waste of money or sources of family. Because it is believed that, daughters and sisters in the future are going to be married and they going to be part of another family. So they will become a stranger. Money is the family’s own estate and it must be kept in the family. In this paper, this fact is examined in the case of distribution of money gave by the State as the condemnation appraisal of lands due to the construction of dams in the North-Eastern part of Turkey from the point of phenomenological hermeneutics and “Comprehensive Cultural Sociology”. As the result of semi structured of depth interviews made with 28 people whose land were condemned it can be asserted that, generally both women and men participants accepted the unequal distribution of this money between male and female inheritors. Related to this result, in this paper the factors of this situation are debated by depending the concepts as justice, gender and tradition.
More...
The article provides an analysis of certain aspects of the principle of the separation of church and state. The principle of the separation of church and state is, first of all, a philosophical-political theory whose discourse substantiates the need for such separation and formulates concrete models for the implementation of this principle. The essential, conceptual, statement of the principle of the separation of church and state implies the necessity for the disconnection of the discharging of state functions from churches or religious organisations. The theory of the origin of the separation of church and state should be related to the historical development of human rights and freedoms. When in the philosophical doctrine, legal norms, and in the actual social relations, an individual human being became equal in qualities to another human being, the preconditions for the formation of the principle of the separation of church and state appeared. The recognition that the individual himself can freely choose and confess his world outlook and that no majority has any right to impose on him a different world outlook, was the turning point in history. Then the need for the consolidation of freedom of religion came into being. The argument that it is freedom of religion that is the ontological element in the structure of the theory of the separation of church and state is a reasonable one.
More...
Review of: Wim Decock "Theologians and Contract Law. The Moral Transformation of the Ius Commune (ca. 1500–1650)", Brill: Leiden, 2013, 723 p. by: Marcin Bukała
More...
The article is a theoretical study of legal strategies introduced in states under political transformation (post-communist states in Europe, Australia, South Africa) to deal with the effects of former political regimes. As the author argues, opening a discussion concerning the evils of former regimes is important for raising public engagement in building a new state of law. Legal retribution expresses the public contempt for committed crimes and reasserts the existence of public norms. However, following the arguments of Judith Shklar and Niklas Luhmann, the author warns against the inner limitations of legal instruments in defining the space of social and moral relationships. An antidote against the possible political instrumentalization of law and the dominance of legal regulations in public sphere should be found therefore in independent historical research and cultural debate that seeks for a deeper understanding of the past.
More...
The text is a reflection on the lustration law of 2007, which imposed an obligation of submitting lustration statements on people whose professions involved significant public responsibility. Academic professors, along with journalists, or lawyers were subject to this obligation. The article, which was in the most part written in the course of these events in 2007, is a document of moral dilemmas brought by the lustration law. By posing the general question “What should I do” in the face of such state-imposed obligation, it considers a series of opposite arguments concerning the validity of this law and the reasons to submit to it, or to reject it in an act of civil disobedience.
More...
The article describes a response from academic communities – both collegial bodies and individuals – to so-called lustration bill. Opponents and supporters of the lustration bill present both formal and legal arguments, and moral ones. The aim of the article is to an adequate depiction of the response from academic communities to the lustration bill.
More...
The article considers the formation and development of the legal consciousness of Ancient Greece. It presents two autonomous but closely interrelated phenomena of Greek civilization – power and law and analyzes their interplay in the course of history. Each epoch of Ancient Greek history had its own peculiar dominating form of government. During the times of Polis formation, the Greeks finally chose the model of society based on horizontal relations and tried the forms of government – aristocracy and timocracy -- which were legitimized by the principles of order and justice typical of given historical period. The symbols of those principles were goddesses Dike and Eunomia.
More...
La problématique des droits de l’homme a fait partie des préoccupations des meilleurs esprits du monde au cours des deux derniers siècles. Au cours de la seconde moitié du XXe siècle, elle a fait l’objet d’une formalisation inédite dans des dizaines de conventions, déclarations, chartes de l’ONU et de l’UNESCO. La Déclaration universelle des droits de l’homme de 1948 a été le premier document dans lequel les droits fondamentaux de l’homme ont été déterminés. À son article 19, a été notamment proclamé le droit de l’homme de «chercher, de recevoir et de répandre, sans considérations de frontières, les informations et les idées par quelque moyen d’expression que ce soit».
More...
The Babatha Archive is a collection of legal texts, procedural or personal, most of which are written in Greek and present a probe into everyday life of persons of Jewish descent living at the beginning of the second century CE in the province of Arabia. Studying the Archive is not only valuable for legal history, but it also casts light on the relationship between the Jewish population of the era and the Roman administration, which is important for the study of the Second Temple Judaism as well. In the article, we want to introduce those papyri of the Archive that are the result of the expression of the will of the parties involved, whether by contract or another legal act. For these reasons we study papyri P. Yadin 5 (depositum), 11 (mutuum), 17 (depositum), 18 (marriage contract), 19 (donatio), 20 (concession of rights), 21 and 22 (emptio-venditio). At times we refer to other papyri that address similar situations. We want to point out the financial motivation for drawing these documents and with it also the need for securing the validity and enforceability of the obligations included in the selected documents.
More...
In our opinion, the problem of happiness can be approached ontologically and epistemologically in three ways: 1. As a state of consciousness but also existential of man in his physical, rational and spiritual individuality. It is always relative, determined or influenced by factors external to man, but especially by the various existential situations in which man finds himself; 2. Happiness as an ontological reality not only of the individual man but also of the human being, which has no boundaries of this world and of this life. It is a permanent call of man towards the acquisition of ontological happiness, it is an expression of the transcendental dimension of the human being. Such an approach to happiness involves religious meanings and meanings, especially of Orthodoxy. 3. From a legal perspective, being a fundamental human right that generates correlative obligations for the state. As a fundamental right, it can be enshrined explicitly or only implicitly in legal and political instruments. In this way, happiness is a component of the phenomenality of human existence in the social environment. The right to happiness in the legal sense has the generality and abstract nature of the legal norm, and its guarantee and realization depends on social and economic factors, on the realization of the imperatives of the rule of law and a democratic governance regime; Happiness has a unitary ontological meaning, and none of the above ways of approaching this concept should be approached rigidly or in isolation. In this study we propose an analysis of the concept of happiness, in an interdisciplinary way: philosophical, legal and theological.
More...
The Congress of Vienna is considered one of the most important events in the 19th century, which significantly influenced the shaping of international relations not only in the 19th century, but also in the following centuries. Diplomats played a decisive role in the ongoing deliberations, especially: the French aristocrat Charles-Maurice de Talleyrand-Périgord and the Austrian prince Klemens von Metternich. The former, thanks to his diplomatic talents, caused France to emerge victorious from the Congress of Vienna, although after the lost Napoleonic Wars it was treated as an aggressive, destabilizing force. The latter introduced an order in Europe based on the balance of power, from which a system of collective security evolved in the following century. While it seems that Talleyrand was the undisputed master of ad hoc diplomacy, Metternich undoubtedly “made history”. The main goal of this article is to demonstrate that the history of modern diplomacy leaves no doubt that the creation of a system of collective security, both in the past and today, remains a utopia. The basic research method is the historical and legal method, thanks to which it is possible to indicate the dynamics of political changes and their impact on the law.
More...
The precedential authority, be it vertical or horizontal, must be respected as a norm to guarantee stability, fairness, and predictability of the law and the way it is perceived by the general public. Rupert Cross explains the precedent in terms of binding: “a court is bound to follow any case decided by a court above it and appellate courts (other than the House of Lords) are bound by their previous decisions” . This very definition and its consequential approach was cited in the case of 2 Willers v Gubay, the precedent being acknowledged as “fundamental” to maintaining “coherence, clarity and predictability”3 meant to avoid anarchy. Duxbury describes the procedure of following the precedent as establishing “an analogy between one instance and another”4 because decision-making seems to be a kind of analogical reasoning. At the same time, the act of following the precedent is perceived as a retrospective-looking gesture which can develop a “consequential”, rather “historical dimension”.
More...
In this article, certain factors that influenced legal continuity during the Age of Enlightenment are discussed. The major processes of the period are analyzed, and the importance of legal traditions as the foundation of legal continuity is highlighted. A brief overview of the key approaches to understanding legal traditions is given. Particular attention is paid to the regional divergences of the Age of Enlightenment, with a focus on its specifics in England and later Great Britain, the German and Italian states, France, Russia, and the USA. It was revealed that all factors can be divided into two groups. The first group includes general conditions, circumstances, and prerequisites, which can be further classified into natural and social ones. Natural factors are largely unaffected by the landscape of the period, while social factors are closely tied to society. The factors pertaining to the Age of Enlightenment are part of the latter group. They are of two types. The first type is not actually related to the legal reality of the period. The second type reflects the Enlightenment political and legal doctrines. Conclusions are drawn about the direct and indirect impacts of these factors on the historical processes. It is also demonstrated that the factors of legal continuity formed a unique combination in each studied society, with their influence apparent even after the Age of Enlightenment.
More...
