"Words hurt for life" – legal aspects of verbal punishment of children

Author(s): Sylwia Rózycka-Jaros / Language(s): English / Issue: 2/2016

This paper is dedicated to the issues of verbal punishment of children during the upbringing process. Statistics show that this is the most common type of punishment of children used by parents. Unfortunately, it often takes the form of a humiliating criticism, shouts or intimidation. All this affects negatively the child’s psyche. Taking into consideration the amendments which introduced a total prohibition on using corporal punishment towards children to Polish legislation, the issue of the limits of verbal punishments permitted by law still remains unsolved. Apart from a short definition and the description of the scale of this phenomenon, this paper is mainly dedicated to a legal analysis, which takes into account the stances of the doctrines of criminal and civil law. This paper attempts to give a straight answer to the doubts concerning this matter.

(Ni)kakav osvrt? Period 1933-1945. iz ugla jednog notara

Author(s): Oliver Vossius / Language(s): Serbian / Issue: 3-4/2016

Author puts forth view that after 1945. the Third Reich became a topic to be reviewed not merely by historians. In the 1960’s lawyers also begin to analyse their own past. Professor Ilse Staff (born in 1928) is at the forefront of this movement. Her book „Judiciary in the Third Reich: A Documentation“, published in 1964, encouraged numerous German lawyers to face the evils of country’s authoritarian past. In his text, Vossius presents results of years of analysing the abuse of German law during Nazi rule. One of the main topics of his research is the role of notaries in the forced appropriation of property from the Jews. He closes his presentation in the following way: „We probably owe gratituted to total defeat of 1945 and the subsequent regime of occupation zones for being at all able to discuss this topic in Germany today. After the initial hesitation, this still lead to the regaining of conscience. I don’t know if world will necessary become a better place in this manner. Fritz Bauer once said „We cannot make Heaven on Earth, but each one of us is capable of contributing to making it Hell“. In this regard, casting a look backwards seems a better option than to overlook or repress such a problem“.

A DUAL PERSPECTIVE IN LEGAL TRANSLATION

Author(s): Radegundis STOLZE / Language(s): English / Issue: 7/2014

The article describes, on the basis of hermeneutics, the specific perspective from which a translator may approach legal texts, as translation is seen as a personalized activity. Different text types are rooted in a specific legal system and fulfil their function within a special field of law, and the cultural and legal background is evident in linguistic aspects on a textual level. Comparative law carries out research on the differences in legal concepts, whereas translation studies and practice use this knowledge as a basis for work. Legal terminology has various levels of abstraction and appears in texts along with general language words. Fields of orientation for the translator are presented here, such as legal contexts, genre, concepts and style. This should be combined with proficiency in writing according to the text function, terminology and standard formulae. The translator tries to make source cultural and legal aspects transparent for target readers, as translation is always a means of comprehension that furthers communication.

A FEW WORDS ABOUT THE ACCOMPLISHMENT OF LAW

Author(s): Celin Herta / Language(s): Romanian / Issue: 12/2017

Realization of the right involves "transforming the rule of law - as a theoretical concept ‒in the real social relations", a work which takes two forms: making the law enforcement activity and compliance with laws and conducting law by applying legal norms by state bodies.

A House Ready to Crumble? Putting Back the Building Blocks of Macedonia’s Parliamentary Democracy

Author(s): Katerina Kolozova,Gordan Georgiev / Language(s): English / Publication Year: 2018

A hybrid version of well-being: An attempt at operationalisation

Author(s): Tomasz Kwarcinski,Pawel Ulman / Language(s): English / Issue: 46/2018

Objectives: This paper aims to investigate the possibility of constructing a hybrid version of well-being and making an attempt at its operationalisation.Research Design & Methods: The theoretical framework is based on the capability approach of Amartya Sen and Martha Nussbaum, while the empirical part of the paper refers to a fuzzy set theory.Findings: We propose three measures of hybrid well-being, referring to (1) the minimum formula, (2) a mobility index, and (3) the concept of internalities. Implications / Recommendations: We are convinced that it is not only possible to create a philosophically informed measure of well-being, but also that this kind of measure can be crucial in the context of public policy due to its sensitivity to autonomy and adaptation problems.Contribution / Value Added: Findings of this research can be seen as an attempt to merge philosophical investigation with economics theories and applications. Article Classification: Conceptual articleKeywords: well-being, hybrid well-being, capability approach, autonomy, adaptationJEL classification: I31, I39

A Socratic Contribution to Culture of Lawfulness for Teaching Criminology

Author(s): Slawomir Redo,Emil W. Plywaczewski,Agnieszka Langowska,Przemyslaw Alkowski / Language(s): English / Issue: 23/2018

This article presents and discusses the thesis that the Socratic method for teaching Criminology advances students’ capacity for self-reflection and enables progressive transformative criminal justice outcomes. In contemporary pedagogics the Socratic method is one of many interactive ways of acquiring legal knowledge. The method’s outstanding feature involves global and systemic understanding of human attitudes and values, including the most current and comprehensive 2030 United Nations Sustainable Development Goals Agenda “Transforming our world”, in essence a new global ethical code underway with a spearheading concept of a global Culture of Lawfulness. Against the background of the pros and cons of this method this article presents the objectives, essentials, and results of the Socratic method for teaching Criminology at the Faculty of Law of the University of Białystok (Białystok, Poland, 2016-2018). It assesses, discusses and draws conclusions from these results in the context central to criminology Sustainable Development Goal 16 of the Agenda: “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build eff ective, accountable and inclusive institutions at all levels”.

A Study on Assertivness, Efficiency and the Quality of Judicial Work

Author(s): Aleksandar Mojaševic,Sandra Mojaševic / Language(s): English / Issue: 1/2017

A Study on Assertivness, Efficiency and the Quality of Judicial WorkThe subject matter of this research is the correlation between the judges’ assertiveness and the efficiency and quality of judicial work. The primary aim is to examine whether there is a correlation between the judges’ assertiveness, on the one hand, and the efficiency and quality of their work, on the other hand. The second aim is to explore the correlation between the efficiency and quality of judicial work. The starting premise is that there is a correlation between particular indicators of these variables. Judges’ assertiveness is a conditionally independent variable used as a referential point for measuring two conditionally dependent variables: the efficiency and the work quality of the judiciary. The assertiveness was measured by a standardized questionnaire which was distributed to a research sample including 40 judges from the Criminal Department and the Civil Department of the Basic Court in Niš in May 2015. The efficiency of judicial work was measured by employing four indicators: the clearance rate (CR), the disposition time (DT), the clearance coefficient (CC) and the percentage of solved cases as related to the total number of cases (PS), whereas the quality of judicial work was assessed by measuring the overall work quality (WQ). The data on the efficiency and quality of judicial work were collected from the 2014 Report on the work of the judges in the Civil Department and the Criminal Department of the Basic Court in Niš. Contrary to our expectation, the most important finding is that there is no correlation between assertiveness and the efficiency and quality of judicial work; however, there are various correlations between the aforementioned indicators of efficiency and quality of judicial work.

About Security in Contemporary World

Author(s): Ladislav Hofreiter / Language(s): English / Issue: 21/2015

The task to ensure security in contemporary world is a complicated political, scientific-technological and socio-economic problem. As the security itself is complicated, multifactor and hierarchized phenomen also its investigation has to be of an interdisciplinary character. The character of security environment, the character of security risks and threats and also the character of tools for their elimination are essentially changing. The basis to security of social subject consisted in arrangement of the conditions for their existence, to surviving in the present time and advancement into the future. Assurance of this condition means it provided ability to the social subjects to eliminated threats that are defined. In situations of asymmetrical security, the threats are not always clearly defined. They often consist of their own structure systems, in relationships and status the subjects of internationals relations. Asymmetrical of security, by our opinion, presents a discrepancy, unbalance, non-parity between subjects of the international security environment. The unbalance, discrepancy, non-parity has political, military, economic, law, social and societal dimensions.

Accessorial Liability in Common Law: A Critical Analysis

Author(s): Fernanda Florentino Fernandez Jankov / Language(s): Serbian / Publication Year: 0

In this work it is analyzed an interesting institute of American criminal law and that is accessory liability. This institute, besides else, stays in a very interesting relation with the doctrine of so called joint criminal enterprise. That relation is not so clear, and the author points out some problems in that relation. The author also makes an analyze of some cases of accessory liability.

Accommodating Social Justice into Transitional Justice Mechanisms. The Case of Northern Uganda

Author(s): Andreea Cristina Nowak / Language(s): English / Issue: 1/2010

This article advances the idea that post-conflict societies encounter a twofold challenge in the transitional context; the first challenge is the past – how to heal the wounds, whilst the second challenge is to look forward and provide solutions for a sustainable future, where human rights are promoted and respected. I argue that the complex legal, political, economic and social situation in northern Uganda requires the reconciliation between past, present and future, by merging transitional justice (pastoriented) with economic and social justice (future-oriented), so as to meet the victims‘ needs and in the same time secure a stable transitional regime. The first section of the article will deal with the interplay between conflict and poverty in Uganda and the governmental measures taken in this regard. The following two sections will briefly examine the various transitional justice mechanisms employed here as well as the unfortunate situation relating to socio-economic rights. Based on the arguments advanced in the previous sections, the final part outlines some measures to accommodate economic and social rights within transitional justice mechanisms, suggesting that the later must be part of a broader set of policies for socioeconomic development and reconciliation.

Actual Legal Aspects of the Referencing and Indexing of Scientific Publications in Bulgaria

Author(s): Darina Dimitrova / Language(s): English / Publication Year: 0

This paper examines the indexation of scientific publications in the context of the requirements of the digital society. The process is examined in terms of the interconnection development of the academic staff and the necessity of dissemination of scientific works through publication in referenced and indexed editions. The emphasis is on legal publications, which are examined in comparison to other scientific publications. On the basis of this analysis the author makes conclusions, generalisations and practical recommendations.

Administracja. Prawo administracyjne. Część ogólna

Author(s): / Language(s): Polish / Publication Year: 2018

The monograph entitled Administration. Administrative law. General part presents the issues pertaining to the general part of administrative law in plain, clear language. The book’s content is divided into five parts. Part One deals with the peculiarities of administration in a free, democratic welfare state under the rule of law. Part Two presentsmajor issues related to administration understood as a function of the state which is regulated by law. Part Three of the publication, in turn, discusses particular forms of administrative actions, whereas Part Four – the relationships regulated by administrative law. The concluding Part Five of the monograph concerns the responsibility borne by public administration and its bodies.As an academic textbook this publication is aimed at students of law and administration, as well as articled clerks, but it may also be of use to legal practitioners. This publication constitutes a substantial contribution in the discussion about directions of changes in public administration that have been taking place since the year 1990, when Poland’s political system was transformed thereby restoring local selfgovernment.The latter, as a basic form of centralized public administration, functions as an important school of democracy and empowerment of local communities. Both the Editors and the Contributors of this publication are outstanding experts in the field as well as experienced practitioners, which translates into high intellectual value of their studies included in the book.

ADMINISTRATIVE REFORM AND DEBATES OVER PUBLIC AGENCIES’ ROLE IN SERBIA

Author(s): Marko Milenkovic,Miloš Milenkovic / Language(s): English / Issue: 3/2013

Over the past 10 years, there has been a proliferation of agencies in the Serbian public sector with varying degrees of independence and delegation by the government. Agencification in Serbia has been rarely discussed in scholarship, and in most recent public debates it is often criticized as being “an unnecessary budgetary burden”, a “grave threat to democracy” and the “party-based atomization of state administration”. In the context in which Serbia is in need of a larger government in order to consolidate democracy, improve respect for human rights and enhance economic development, the agencies have also become collateral public damage from the mantra of the ‘requirement to save’. Having in mind that Serbian economic and political development over the past decades has been more than troublesome, this article looks into the public perception of agencification and related political debates, including some policy proposals. The article offers preliminary explanations of possible causes of the specific perception of agencies in the Serbian public, as well as an account of the consequences of current perceptions of agencification. Special emphasis is put on the de-legitimization of the authority of scientific knowledge in society.

Adwokat jako reprezentant zobowiązanego w administracyjnym postępowaniu egzakucyjnym

Author(s): Bogna Wach / Language(s): Polish / Issue: 2/2017

The aim of this paper is to highland an issue participation of attorney to enforcement of proceedings in administration. The polish act on enforcement proceeding in administration does not explicit participate of professional representative on the part of obliged on proceedings. Enforcement measures monetary and non- monetary obligation are very complicated and complex issue for obliged. Strengthen efforts to ensure adequate legal aidare necessary to ensure the protection of obliged interests and rights.

Age Discrimination in Employment: Unanswered Questions?

Author(s): Diane Ryland / Language(s): English / Issue: 4/2010

Aggressive Judicial Review, Political Ideology, and the Rule of Law

Author(s): Eric J. Segall / Language(s): English / Issue: 79/2019

For over one-hundred and fifty years, the United States Supreme Court has been the most powerful judicial body in the world with life-tenured judges consistently invalidating state and federal laws without clear support in constitutional text or history. This paper focuses on what should be the appropriate role of life-tenured, unelected federal judges in the American system of separation of powers. The tension is between wanting judges to enforce the supreme law of the Constitution while at the same time keeping judges within their assigned roles of enforcing not making the law. Much of constitutional scholarship in the United States is devoted to resolving this tension. This article argues that the Court should take a set back and defer more to elected leaders and voters. Although structural reform might help, most needed changes would require a constitutional amendment and are therefore unlikely to occur. The Justices should take it upon themselves to act with more humility and modesty and only overturn laws where there is strong evidence of clear constitutional error.

Aktualność debaty na temat koncepcji odpowiedzialności za ochronę

Author(s): Paulina Zajadlo-Weglarz / Language(s): Polish / Issue: XXXVIII/2017

In the current debate about the European Court of Human Rights and in the face of the growing criticism towards its case law the issues of clarifying the meaning and the foundations of its legitimacy are becoming increasingly important.Although the basic normative source of the ECtHR legitimacy stems from the prestigiousEuropean Convention of Human Right adopted in 1950, a large part of the legitimacy seems to be the outcome of the Courts’ own activity, which includes, inter alia, the so called diplomacy of human rights. The important role is also played by the process of constitutionalisation under which the Court is credited with the power to issue the constitutional and principled judgements on human rights standards in Europe.It should be clearly stated that the system of the ECHR and the case law of the StrasbourgCourt constitute an important achievement in the European culture based on respect for human rights. The issue of the legitimacy of the ECHR seen in this perspective gains its proper dimension. Therefore, in the face of growing criticism of the Strasbourg case, the ECHR should bow to political pressures if it is to derive a significant part of their legitimacy from the status of a moral compass of Europe. It should be remembered that the strong Court’s legitimacy is an important condition for the accomplishment in the longterm perspective by the Court its mission to fulfill the spirit of the Convention ensuring the full respect for human rights in Europe.

Aktualność wartości chronionych przez konstytucję z 1997 r.

Author(s): Hanna Suchocka / Language(s): Polish / Issue: XL/2018