Kolektif Kimlig Tezahürü Olarak Nasreddin Hoca Fikralari

Author(s): Leyla Şimşek / Language(s): Turkish Issue: 60/2009

Nasreddin Hoca anecdotes have been transmitted to and disseminated within a large terrain throughout the ages most probably because they make sense for people who keep listening to them, in turn help their survival. Nasreddin Hoca character in the anecdotes encompasses diverse human attitudes and characteristics to geography they belong to. These anecdotes reveal various dimensions of human experience, with all its capabilities and weaknesses, even with contradictory, incompatible elements, which imply an accumulation of experience historically attributed to Nasreddin Hoca character. This kind of diversity prevents identifying Nasreddin Hoca as stagnant, homogeneous character, but rather gives him a limited position, which is signaled by some sort of indifferent disobedience as a strategy that makes (...) the status quo possible, eliminating the risk of social sanction of penalty. These anecdotes neither signal the presence of a coherent Nasreddin Hoca identity as „an ideal“ nor indoctrinate a specific system of values or belief. Instead, they constitute a pool that encompasses manfold human experience which makes him worth studying.

Политички поглед на право и државу Радомира Лукића

Author(s): Dejan Matić / Language(s): Serbian Issue: 4/2013

In the second half of the twentieth century, through the power of reflection, depth of analysis and comprehensiveness presentation inevitably arises work of Professor Radomir Lukic. The measure of influence of Lukic’s reflections about the state and law, as to our legal laborers, as well as the very legal theory in us, in the second half of the 20th century, and the originality and depth of his scientific work, requires more attention to the issues he dealt. Curious and versatile, Lukic’s spirit tried his hand in a number of areas. He was engaged in the theory of law, the methodology of law, the philosophy law, but also in the sociology. Lukic also expressed interest in one, fairly unexplored area in our legal science by then, the area of politics and its influence on the law and the state. His interest in this, unfortunately, did not result in the creation of a systematic, comprehensive work, which would envelop this extremely interesting topic. Given the importance of Lukic’s oeuvre, it is necessary to critically analyze these his views concerning the discussion of the relation of the politics and the law and state, perceived through the prism of the law, and their mutual influences, as well to rate and to determine the place of this part of his work from the point of modern theory of law. It can be concluded that Lukic, opting to explore the relationship between politics and the law and state, and given the way in which he systemize their presentations on this subject, actually thought that is justified to speak of two separate disciplines which, although inevitably linked, studying each for themselves, as the relationship between politics and the law, as well as the relationship between politics and the state. Though considerably fragmented given in relation to the political theory of the state, Lukic’s reflection on political theory of law are extremely interesting reading. Not even a little burdened by ideological burden, it seems that its considerations in the area of the politicology of law, even today are an example of path that should be taken in some future legal and sociological analysis of this matter. But unfortunately, this flattering statement simply can not be repeated when it comes to his view of the political theory of the state. His thought turned towards the issues of political theory of the state is too heavily pressured by the ideological burden, to such an extent that significantly reduces the scientific value of its consideration of these issues, making them very little usable in modern science. This does not mean that all of Lukic’s claims in considerations of problems of the political theories of the state are unacceptable. On the contrary, the areas which he approached to the analysis as a lawyer and sociologist, turned to scientific and logically consistent reasoning, represent the best parts of his political theory of the state, achieving high scientific achievements.

Sprawiedliwość: próba syntetycznej systematyzacji zagadnień

Author(s): Roman Andrzej Tokarczyk / Language(s): Polish Issue: XXXV/2016

The article is a comprehensive introduction to the philosophical and theoretical aspects of the concept of justice. At the beginning, the Author presents the etymological and semantic analysis of the word “justice” on the example of different languages and next he discusses the historical development of the concept in the political and legal thoughts. The main part of the article is devoted to various aspects of the idea of justice, the application of which goes beyond the narrowly conceived jurisprudence today and includes economics, politics, international relations, social theory, etc.

Community justice – rekonstrukcja założeń i krytyka pewnego modelu polityki karnej

Author(s): Stanisław Burdziej / Language(s): Polish Issue: 1/2016

The article attempts to reconstruct basic assumptions of community justice – an emerging paradigm of penal policy that is gaining popularity in Western Europe and the US. The model assumes an empowerment of citizens in matters related to criminal justice, including various forms of public participation, aimed at reclaiming conflicts thus far appropriated by professionals and institutions. The article discusses both the advantages and disadvantages of this “democratization” of penal policy.

Wyrok za tłumaczenie. Sprawa Anny Rudzińskiej

Author(s): Krzysztof Tarka / Language(s): Polish Issue: 9/2016

In 1960, Jerzy Giedroyc, editor-in-chief of “Culture”, turned to Anna Rudzińska asking for help in the translation of English-language books in exile sociologist Felix Gross. Rudzińska worked in the library of the Faculty of Philosophy, University of Warsaw, at the same time was head of the office in the Polish Sociological Society. The summer of 1961 the prosecutor’s office opened an investigation into the translation, and SB founded bugged the apartment Rudzińska. During the revision of the officers they found the Gross’es book and a few pages of the translation, and Rudzińska was temporarily arrested. In February 1962, the court sentenced her to one year in prison for going to translate scientific books eminent sociologist. For good conduct she was conditionally released in June 1962 year.

Human trafficking for sex exploitation in Thailand

Author(s): Nataliya Opanovych / Language(s): English Issue: 23/2016

Research paper addresses an issue of sex trafficking in the Kingdom of Thailand and analyzes it through external and internal perspectives. Firstly, legal framework of The Association of Southeast Asian Nations (ASEAN) in regards to human rights violations and its activities to eliminate the problem in the region are examined. Secondly, historical reasons of sex industry in Thailand, state of affairs and its con-sequences for the society are discussed and local government’s activities are criti-cized. Lastly, sex tourism as a main cause of the problem is identified.

Securitology – security of a subject

Author(s): Leszek Fryderyk Korzeniowski / Language(s): English Issue: 23/2016

Subjective security (security of a subject) is a state of a subject, his potential and abilities of adequate reaction to hazards as well as an issue of protecting a subject from any hazards. The first scientific analyses of security issue have been known for eighty years now, however, formally science on security as an academic subject was registered (in Poland) just in 2011, in a new distinguished area and field of social science. Science is an intentional activity of man aimed at exploring the world we live in. Scientific knowledge is based on searching constant relations between facts (colloquial knowledge restricts to occasional relations).

Opinia prawna na temat rządowego projektu ustawy o zmianie ustawy o sporcie oraz ustawy o ujawnianiu informacji o dokumentach organów bezpieczeństwa państwa z lat 1944–1990 oraz treści tych dokumentów

Author(s): Paweł Kościelny / Language(s): Polish Issue: 2/2017

The Bill aims at, inter alia, improvement of transparency in terms of organisa‑tion of Polish sport associations and prevention of conflict of interests by putting ad‑ditional limitations on members of sport unions’ management boards. Furthermore thedefinition of sport should include intellectual activities whose goal is to achieve a sportresult. According to the author of the opinion the latter solution is too vague and maylead to broadening the definition of sport in an uncontrolled manner, encompassinga wider selection of human activities than the sponsor of the bill aimed to do. Moreover,the Council’s project classifies members of sport unions’ management boards as publicservants what stays in contradiction to the jurisprudence of the Constitutional Tribunal.The changes of provisions proposed in the bill require a deeper analysis and clarifying.

Društveni identitet i pravni subjektivitet – kolektiviteti kao subjekti prava?

Author(s): Miodrag Jovanović / Language(s): Serbian Issue: 3/2009

The paper argues that the legal-theoretical treatment of the issue of promoting certain collective entities to the status of legal entities cannot be satisfactorily accomplished within the methodological models of either Hart’s analytical jurisprudence or Kelsen's Pure Theory of Law. The question of the conceptualization of collective rights proves to be largely a question of justification rather than one of mere analysis or description. In this sense, the paper proposes to elucidate various aspects of the problem of the legal shaping of the social identity of relevant collective entities with the purpose of constructing legal personality. The first section of this paper briefly shows that the question of legal personality is a general problem of legal theory, and that there is consequently nothing specifically new about collective entities as potential legal entities. The second section of the paper considers in greater detail the social and legal "construction of diversity", on which the concept of collective rights is based. Finally, the paper suggests that the legal theory of collective rights can hardly accomplish these tasks without recourse to the methodological apparatus of both sociological and anthropological disciplines.

Paprotys Kaip Teisės Šaltinis Islamo Teisės Tradicijoje

Author(s): Juozas Valčiukas / Language(s): Lithuanian Issue: 84/2015

Lawyers from the Muslim and Western world talk about several types of legal sources in the Islamic legal tradition. According to them, there are primary, secondary and/or additional Islamic legal sources. If there is an agreement due to the primary sources as Koran and Sunna, there is no common position talking about the other legal sources. The Article explores the status of custom as a legal source in the Islamic legal tradition. Firstly, it analyses the meaning of the term Islamic law. Also, such concepts as fiqh, sharia and others ar discussed. Secondly, the primary and secondary legal sources are explored in the first part of the article. The status of the custom as a legal source is analysed in the last part of the article. According to the last study on custom made by A. Shabana, custom is to be treated as independent source in Islamic legal tradition. There are some significant statements in the texts of Koran and Sunna where custom gets its place in Islamic legal sources. On the other hand, customs had to be related to the meanings of Sharia written in the primary sources in order to get the status of legal source.

Konstitucionalizmo Samprata Islamo Teisės Tradicijoje

Author(s): Juozas Valčiukas / Language(s): Lithuanian Issue: 77/2013

The phenomenon of Islamic constitutionalism is based on the mixture of the principles of Islamic religious law (sharia) and Western legal principles. This harmony is less or more common for all Muslim countries and their constitutions. On the other hand, according to European Court of Human Rights, principles based on sharia law contradict Western legal principles rooted in the European Convention of Human Rights. Firstly, Islamic constitutionalsim is trying to deal with Western constitutionalism as a mutation of democracy, its evolution and concept in the light of the arguments of French scholars. It is stated that the content of Muslim constitutions has much in common with such Western legal and philosophical ideas as democracy, the doctrine of human rights and constitutionalism. Furthermore, the process of constitutionalization of Islam and sharia is also common symptom for all Muslim states. Finally, by the method of comparative analysis, constitutions of Arabic countries are researched on the question of status of sharia.

Konstitucinė Metodologija

Author(s): Milda Vainiutė / Language(s): Lithuanian Issue: 75/2013

During the second half of the 19th century, legal ideology stressed the role of state in law. 19th century jurisprudence was so overmastered by legal positivism that it did not pay any attention to natural law until Hans Kelsen published his Pure Theory of Law (1934). “Positive law (lat. ius positum, from pono)” means laws and rules posited not by nature (e. g. instincts) but by state. In this sense the positive law differs from the natural law. It was produced by rather developed social structures which demanded the establishment of some human behavior rules for their functioning and survival. In legal state, the analysis of laws and the development of their conceptions is germane to the vast complex of jurisprudential, political, ideological and other kinds of ideas and values. The idea of legal state is always close to the ideas of freedom, democracy and human rights. Hence it presupposes the subjection of state to law. Therefore the role of constitution, understood not as declaration but as real possibility, inevitably increases. The methodological and practical significance of constitution is ineluctable.

Konstruktyvioji Teisės Epistemologija

Author(s): Darijus Beinoravičius / Language(s): Lithuanian Issue: 74/2013

The approach of jurisprudence to other social and humanitarian sciences is frequently criticized. On one side, it is argued that the social and humanitarian sciences are ignorant of jurisprudence’s peculiarity; on other side, it is pointed out that the formalization of juridical categories loses touch with social reality. The integration of social sciences into the space of modern jurisprudence is a phenomenon which raises problems. The integration does not solve the conflict between juridical reality and jurisprudence and creates a new reality which is neither entirely juridical nor entirely scientific. Philosophies of law, sociologies of law, a juridical analysis of economy, and juridical political science are crossbreed formations of social sciences. They study social aspects of law and speak of law not only by jurisprudential discourses but also by juridical practice discourses which are discussed in this article.

Marta Sjeničić-Pacijent kao oštećeni u građanskom pravu i njegova sukrivica

Author(s): Milan M. Marković / Language(s): Serbian Issue: 1/2014

The Rule of Law – Nothing Purely Abstract and No Matter for Sunday Speeches Only –

Author(s): Rainer Faupel / Language(s): English Issue: 2/2009

This text is a lecture that Rainer Faupel gave in Belgrade on 21.04.2009. Few years ago on the summit of G-8 in Berlin he also gave the lecture about the Rule of law.. In this text he talks about general definitions of the notion of the Rule of law, but also pays special attention to some social, cultural and political factors that must be fulfilled if we want to establish the Rule of law in one country. In that sense he pointed out several factors, such as education in professional and ethical standards, building confidence in state institutions, the role of free press and media, cultural changes, political support, etc.

Aktuelni problemi abortusa, prenatalnog genetskog testiranja i upravljanja trudnoćom

Author(s): Vesna Klajn Tatić / Language(s): Serbian Issue: 1/2011

Current ethical and legal issues with regard to abortion, prenatal genetic testing and managing pregnancy are discussed in this paper. These problems are considered from the legal theory point of view as well as from the standpoint of the Serbian Law, the European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, legal regulations of several EU countries, the USA, Japan, and their judicial practice. First, the pregnancy termination standards that exist in Serbia are introduced. Then the following issues are explained separately: the pro life and pro choice approaches to abortion; abortion according to the legal approach as a way of survival; the moral and legal status of the fetus; prenatal genetic testing, and finally matters regarding managing pregnancy today.Moral and legal principals of autonomy, namely freedom of choice of the individual, privacy and self-determination give women the right to terminate unwanted pregnancies. In addition, the basic question is whether the right of the woman to abortion clashes with the rights of others. Firstly, with the right of the "fetus to life". Secondly, with the right of the state to intervene in the interest of protecting "the life of the fetus". Third, with the rights of the woman’s partner. The fetus has the moral right to life, but less in relation to the same right of the woman as well as in relation to her right to control her life and her physical and moral integrity. On the other hand, the value of the life of the fetus increases morally and legally with the maturity of gestation; from the third trimester, the interest of the state prevails in the protection of the "life of the fetus" except when the life or health of the pregnant woman are at risk. As regards the rights of the woman’s partner, namely the husband’s opinion, there is no legal significance. The law does not request his participation in the decision on abortion because the decision is exclusively brought by the pregnant woman.Critics of prenatal genetic testing claim that the woman’s autonomous choice is seriously prejudiced, as the women are pressured first with genetic testing and then with abortion, if the test is positive. However, there are views that many parents are left to bring their decisions in a vacuum because the physicians do not discuss all possible available options with them out of fear that they will be perceived as orders. Genetic counseling has an aim to facilitate informed reproductive decisions. Rigid application of policies on non-directive genetic counseling make pregnant women and families unaware of the nature and consequences of the genetic state which could affect the future child. If the real goal is an informed choice then it is the obligation of the physician-specialist to inform the parents with the facts and familiarize them with the true state. Managing pregnancies today medicalizes and pathologizes all pregnancies, and not only the risky ones. Since these techniques are becoming a routine part of medicalized pregnancy managing, pregnant women find it difficult to resist undertaking such technologies or to refuse them. Thus the question on how much these technologies offer sensible choices is imposed. Generally speaking, it is stated that women are becoming observers rather than active participants in giving birth to a new life. Attempts of legal control over a pregnant woman for the protection of "the life of the fetus" violate the woman’s human rights in democratic societies.

Ąstatymų Funkcijos Interpretacija M. P. Foucault Teisés Filosofijoje

Author(s): Vytis Valatka / Language(s): Lithuanian Issue: 57/2008

This article analyses interpretation of functions of positive law involved in legal philosophy of Michel Paul Foucault. The author of the article focuses on the way in which Foucault explained the positive law of premodern and modern societies. The article comes to conclusion that Foucault regarded positive law of premodern society (that is, society of Middle Ages, Renaissance and New Ages) as a tool to validate supreme royal power, no matter whether it is absolute or limited. Meanwhile positive law of modern society of the XIXth and XXth centuries was presented as a force formally legitimizing the supreme power of State as civil community. Nevertheless, the real function of that modern law was revealed as an establishment of unlimited net of repressive local disciplines within society. According to Foucault, modern positive law fixes modern disciplinary society by hiding local disciplines from individual and public sight under the veil of State as Sovereign.

Однос права и политике као друштвених подсистема и могућа (уставна) граница између њих

Author(s): Sava Aksić / Language(s): Serbian Issue: 3/2017

Originally social subsystems were not differentiated as a whole. Legal and political system were not defined and decisions to manage society, both in internal and external relations, were based on social superiority of its maker. Characteristics of state in which exists and functions legal system, is security status of citizens due to the predictability of the system norms, while, in relations which are regulated by political decisions there is no security status of citizens due to the fact that there could be different political acts in two of the same relations. Therefore, as long as there is possibility that the existence and function of the system is threatened by decisions of political authority, it will not be possible to achieve a significant level of legal security. The first and basic level of realization of the idea of the rule of law implies a restriction of administration in relation to the judiciary, and that, limitation in terms of the institutional impact of administrative – political bodies to judicial bodies, primarily in terms of the formation of the judicial authorities, as well as a limit in terms of the concept of administrative–political authority, ie. in terms of possible legal regulation of their work. Freedom in the work of political authority must not exceed the necessary level, and must be limited to levels below which would present level of development of the state and society policy would lose its sense of social self-regulation system. Thus, the restriction policy, and to do the necessary levels is the condition of modern country, because the situation undefined border policy is the first and basic stage of endangering the rule of law, and if such an ideological concept and add more real this fact, especially political power that the political authorities have in total absence of other control systems, such as morality, and especially political morality, autonomy of the legal system, and therefore the rights of citizens, will be compromised by politics. And the border between politics and the law must be established in a way reduce the number of relationships that are regulated by the political administration, and moved to the area of law, to the level at which legal security of citizens could not by policy to be compromised, but at the same time performance political regulation of society, by this this is not called into question. Given that the political regulation of society in the necessary extent still necessary, the success of the functioning of the social system, when it comes to respect law and policy, we believe the only possible way to legal restraint policy. The final resultant of this process would, therefore, consisted in the fact that the policy is necessary to be replaced by law to a certain evel, and necessary would be one level below which the policy ceased to exist as an independent way of regulation. This is the limit that would determined for each group of relationships specifically. And, given that the legal security of citizens can be provided by condition in which their social and economic status is ensured by the existence and functioning of the legal system, the interference of political authority is necessary to limit, that is to reduce to a necessary minimum. That can be done most efficiently through constitutional norms, as the highest, and as the norms which the adoption or change, executive authorities can not influence.

Teisés Vaidmuo Išsaugant Tautinį Tapatumą Globalizacijos Sąlygomis

Author(s): Robertas Pukenis / Language(s): Lithuanian Issue: 55/2008

In this article I investigate globalisation and its challenges to small nations. By increased economical administrational cooperation, blocks of nations unite either existing economic zones or create new zones. EU formation and the expansion of NATO block, to certain extent, can be adjusted to the globalization of the new world. Together with economical interests of states, globalization touches other spheres of the society: national internal policy, education, mass media, the policy of family, migration. The birth rate in families in such big nations as Germany, France, and Italy is small. If numerous Italians, French, Polish, and Russians are worried about constantly decreasing numbers of inhabitants, then no doubt that small nations are in danger of assimilation.

Dostęp osób niepełnosprawnych do dóbr kultury w świetle prawa

Author(s): Agata Lizak / Language(s): Polish Issue: 2/2017

The aim of the article is to show the problem of access for peoples with disabilities to culture in the light of law. Some generally applicable rules (as those from constitution and acts) were presented, including e.g. articles connected with anti-discrimination or cheap rates and exemptions of charge in cultural institutions. The attention was also paid to international law – UN Convention on the Rights of Persons with Disabilities is the main act in this area. Additionally, the analysis of some by-laws that are in force in places such as theatres or museums is interesting point. Moreover, practical aspects of mentioned regulations were shown and assessed. Some postulates de lege ferenda were formulated and some comparative analysis was presented to show regulations in other countries as potential models for polish legislation in this field.