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

Author(s): Sylwia Różycka-Jaroś / Language(s): English Issue: 05/2016

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.

"ЛЕГАЛИЗОВАНИ" ОБЛИЦИ КОРУПЦИЈЕ У СРБИЈИ – АНОМИЧНА СТАЊА ДРУШТВЕНЕ ЕНТРОПИЈЕ

Author(s): Vladan P. Stanković,Ilija Zindović / Language(s): Serbian Issue: 1/2012

The subject of this research will be phenomena of "legalized" form of corruption. The name we gave to all those forms of social behavior that anomical escape incrimination, are not defined precisely by laws, a cause of increasing social anomie, and ultimately lead to destruction, entropy and disintegration of society. The study will include a spatial framework of the Republic of Serbia, during the time interval since 2000. onwards, with a look in the 90's of the last century, and follows a period of transition from socialism, and post-socialism, to this wild and unrestrained form of capitalism. Methods that are used in the study were: a sociological method (observation, comparative method), Legal (dogmatic-normative, method of the target interpretation) and the logical method of generalization and concretization.

(Nad)reprezentacja interesów w procesie kształtowania polityki publicznej na przykładzie obszaru prawno-autorskiego w Polsce

Author(s): Agnieszka Vetulani-Cęgiel / Language(s): English,Polish Issue: 2/2020

The article is focused on the issue of the representation of interests in the process of shapingpublic policies. In particular, it addresses issues related to regulatory management regardingrelations with interest groups and strategies used by stakeholders in consultationprocesses. In addition, we aim to discuss the role that interest groups play in public policies.The analysis concerns the activities of Polish interest groups in the area of copyright,which deserves attention due to the diversity of actors and the asymmetry of interests.The analysis makes it possible to state that the actions taken by stakeholders in strengtheningthe representation of their interests lead to “overrepresentation” of these interests,which – in the absence of appropriate regulatory management mechanisms for the participationof parties in consultations – increases the risk of the phenomenon of “regulatorycapture” by entities. The data was collected as part of the legislative monitoring of draftsof legal-copyright laws proceeded in 2013–2019, as well as semi-structured interviewsconducted in 2015–2018. In order to illustrate lobbying strategies, a method of analyzingsocial networks was used.

(Ne)morální advokáti: problém ospravedlnění norem profesní etiky

Author(s): Martin Hapla / Language(s): Czech Issue: 4/2019

The norms of professional ethics often impose different standards of conduct on lawyers in the practicing of their profession than they would apply to an ordinary person in the same situation. The article analyzes how we can justify these differences through various ethical theories. The author describes the legal ethics as a set of legal and moral norms. He then analyzes the problem of its justification. Attention is first dedicated to various deontological approaches (eg Charles Fried, David Luban). The author analyzes their disadvantages and concludes that they must primarily emphasize the importance of moral and rational agency if they are to be credible. He evaluates utilitarian justification as appropriate. It is also this justification, combined with some pragmatic aspects, that is able to credibly justify the legal ethics. Both groups of approaches can be considered relevant and therefore it is not appropriate to exclude any of them from the professional ethics debate.

(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“.

(Penal) populism and experts in the age of the digital crowd wisdom

Author(s): Michalina Szafrańska / Language(s): English Issue: XLIV/2022

Disregard for scientific facts and knowledge holders has usually been identified as a distinguishing feature of the penal populists’ politics. But is penal populism always anti-intellectual? In this article, I provide some deeper insight into the role of expertise in (penal) populist activity, especially in the context of the currently observed redefinition of expertise (some call it “the death of expertise”) and rapid development of new technologies that enable easy aggregation of citizensʼ collective wisdom. Will crowdlaw-making platforms prevent (penal) populism? Or will they strengthen it by facilitating the justification of radical and unnecessary changes in (criminal) law? Is there a place for traditionally conceived experts and established knowledge in crowdsourced law-making process, and if so, what should be their role?

(Не)извънредното положение (état d’urgence) – начин за правене на политики. Опитът на Франция

Author(s): Rada Smedovska - Toneva / Language(s): Bulgarian Issue: 54/2021

In the French legislation there are several extraordinary regulations intended to protect the State against external and internal dangers, which could threaten its existence. State of siege created during the period of the French Revolution, nowadays is provided by Article 36 of the 1958 Constitution. Besides, Article 16 of the Constitution provides extraordinary powers to the President of the Republic in case of different kinds of crisis. Finally, the Act of April 3rd, 1955 created the institution of “état d’urgence” which allows the State to deal either with serious breaches of public order or with public calamities that may affect all or part of the territory. The current text examines that very “state of emergency”, the reasons of its creation and implementation since the middle of XX century. The French case is curious because the different governments have been forced several times to declare state of emergency. The text aims at analyzing that emergency practice and the conditions of its evolution.

3P, un „virus” reactivat, care amenință sănătatea justiției penale

Author(s): Valerian Cioclei / Language(s): Romanian Issue: 2/2020

Populist penal policy (in short 3P), this is the "virus" subject to this analysis. There are some "clinical signs" that suggest that we are in a period of reactivation of this virus. This is the hypothesis that needs to be verified. As such, in the good medical methodological tradition (because we are talking about a virus) it is necessary, firstly, a short “epidemiological anamnesis” (I), after which, an evaluation of the “current pathological condition” (II).

A Comparative Assessment On Same-Sex Relations Ship Regulation Freedom In The European Area

Author(s): Oana Răvaş / Language(s): English Issue: 1/2014

It may be noted that some legislation assimilates the same legal status as marriages between persons of the opposite sex and for people of different sex, while in other countries, the legal system is different, trying some similarities, while others prohibit any formalization of home these bonds and hence the economic effects driven by them. Similarly, regulated and free union of opposite-sex outside marriage officially recognized. Also, given the fact that in Europe some states allowed gay marriage and others do not, the question of the effects of such marriages in states that do not recognize. In other words, it can make a major debate to what extent non-recognition of such marriages can be considered as a breach of Art. 12 (right to marry) and even art. 8 (right to private and family life) and even art. 14 (prohibition of discrimination) of the European Convention on Human Rights.

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 Herţa / 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

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

Author(s): Tomasz Kwarciński,Paweł 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 LEGAL PERSPECTIVE ON MULTICULTURALISM AS A FACTOR OF INFLUENCE IN THE NEGOCIATION OF CONTRACTS

Author(s): Maria-Magdalena Bârsan,Maria-Magdalena Cardis / Language(s): English Issue: 2/2016

Nowadays, the impact of the cultural factor seems to be restricted, based on the globalization tendency which exists. However, in regard to the negotiation of contracts between partners from different states, this impact presents significant importance. The present study aims to describe some aspects of the way in which the multiculturalism of parties influences the process of negotiation, as well as the legal provisions, without claiming to exhaust the subject. We have also considered the unified regulations which govern this matter.

A mesterséges intelligencia és a jogalkalmazás

Author(s): János Székely,Emőd Veress / Language(s): Hungarian Issue: 03/2020

A Report: The First All-Polish Conference for Editors-in-Chief, Editorial Assistants and Publishers of Legal Scientific Journals Nowe kierunki i wyzwania w prawniczej komunikacji naukowej

Author(s): Małgorzata Skórzewska-Amberg / Language(s): English Issue: 2/2021

On 24 May 2021, the First All-Polish Conference Nowe kierunki i wyzwania w prawniczej komunikacji naukowej took place. It was organised by the editorial board of the journal “The Critique of Law” and the Legal Interdisciplinary Science Centre at Kozminski University, under the media patronage of “Dziennik. Gazeta Prawna”. The purpose of the conference, to which editors-in-chief, editorial assistants and publishers of Polish legal scientific journals, as well as all those interested in the issue of legal scientific communication, and representatives of publishing houses were invited, was not only a discussion on the future of legal communication in general, but above all creating an opportunity to integrate the environment and talk together about how legal scientific journals should be modernised and how to smoothly adjust to changing rules in relation to scientific publications.

A Socratic Contribution to Culture of Lawfulness for Teaching Criminology

Author(s): Sławomir Redo,Emil W. Pływaczewski,Agnieszka Langowska,Przemysław 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 Mojašević,Sandra Mojašević / 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.

Abandonment of Family. Issues of Legal Practice

Author(s): Mihaela Laura Pamfil / Language(s): English Issue: 1-2Special/2020

The purpose of this paper is to analyse the crime of abandonment of family and the legal issues that this crime poses, starting from a concrete deed that represented the object of file no. 1637/333/2018 consecutively pending before Vaslui District Court, the Iași Court of Appeal and, again, the Vaslui District Court. The object of the case was represented by the most common form found in the judicial practice of the crime of abandonment of family, respectively the one provided by S.378 (1) (c) Criminal Code, according to which the failure to pay, in bad faith, for 3 months, of the child support established by court, by the person who has the legal obligation of support, to the one entitled to support, is punished by imprisonment from 6 months to 3 years or by a fine. In case of this form of the crime of abandonment of family, the factual element referring to the moment of committing the crime is vital as the existence of the crime is conditioned by the failure to pay the child support for 3 months. Moreover, in case of the crime of abandonment of family, the criminal action is initiated upon the prior complaint of the injured person, so that the establishment of the initial moment of the deed is important in terms of checking compliance with the condition of filing a prior complaint within the legal deadline.

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.