CEEOL - Browse Subjects Result

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.

Filozofia wyboru Sørena Kierkegaarda i Barucha Spinozy a teoria prawa

Author(s): Marek Jakubiec / Language(s): Polish Issue: 2/2012

Lawyers who deal with applying law in practice very often are not aware of many hidden suppositions, which justify the existence of law and make it reasonable. It is obvious that in discovering them philosophy can be helpful. The main part of this article is the analysis of the thought of two European philosophers: S. Kierkegaard and B. Spinoza. The important field of their interest was a philosophy of human existence. Its significant element is liberty. The attitude to it creates their visions of being. Kierkegaard is well known as the author of „three periods of human life (aesthetically, ethical and religious)” concept. In his opinion the necessary element of any progress in existence is taking the plunge and changing the way of life. It is possible by dint of liberty. A totally different vision can be found in Spinoza „Ethics more Geo-metric”. The author wants to convince us that the potentiality of making decisions is only an illusion.The possible consequences of the acceptance of such a vision were shown very briefly; the goal of the paper is also to demonstrate that since the beginning of our civilization we have had to assume a concept similar to Kierkegaard's.

More...

Postulat sprawiedliwości społecznej a idea sprawiedliwości

Author(s): Piotr J. Wróbel / Language(s): Polish Issue: 1 (8)/2013

This paper shows the conception of social justice against a background of an idea of general justice. The idea exists in philosophic debate since dawn of history. At the beginning justice was based on natural law, but from renaissance its meaning is strictly related to social contract. Ulpian demand of “constant and perpetual will to render to every man his due” is the leading concept, received also in religious field. In law sciences the idea of justice is strictly connected with such ideas of equality, dignity of human person, freedom and democracy – but justice is not the same as equality. Against the background of general justice has been born a postulate of social justice, which is present also in the Constitution of the Republic of Poland (of 1997).

More...

La mancanza della liberta’ interna nel caso di un grave disturbo della personalita'

Author(s): Grzegorz Leszczyński / Language(s): Italian Issue: 1/2003

The act of marital consent should be an act resulting from the internal freedom of the person who expresses it. This freedom, however, may in some cases be limited by various psychological conditions of a person who deprive him of critical ability and the ability to make a choice. The topic of this article is the impact of personality disorders on the so-called the internal freedom of the person in the context of his marital agreement.

More...

Recenzja: Niezdolność konsensualna do zawarcia małżeństwa kanonicznego

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2003

The review of: Wojciech Góralski, Ginter Dzierżon, Niezdolność konsensualna do zawarcia małżeństwa kanonicznego, Wydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego, Warszawa 2001, ss. 468.

More...

Povratak verske nastave u srpski model obrazovanja – osnovni postulati, uporedni prikaz i obrazlaganje odabranog modela

Author(s): Ana Stevanović / Language(s): Bosnian,Croatian,Serbian Issue: 30/2017

Pogrešno se veruje da je veronauka tu da obaveže decu da veruju u sve ono što veroučitelji predaju. Veronauka je tu da decu obavesti, obrazuje i zaštiti. Vera podrazumeva slobodu izbora svakog pojedinca, ali da bi čovek mogao da bude slobodan da izabere da veruje ili da ne veruje, on mora najpre biti u situaciji da se upozna sa onim što vera poučava. Znanje, religija i verovanje su važan deo kvalitetnog obrazovanja koji može unaprediti demokratsko društvo i doprineti slobodi veroispovesti i razumevanju društvenih različitosti. U radu analiziram načela verske nastave u Evropskoj Uniji, opisujem put povratka vere u školske klupe u Republici Srbiji, predočavam uočene nedostatke i preduzete korake ka njihovom otklanjanju, objašnjavam različite modele nastave u drugim zemljama. Na kraju, podsećam na izvesni sukob Ustava i Zakona i nakon šesnaest godina verske nastave formulišem odgovarajući zaključak.

More...

Ustavne promene u Republici Srbiji sa osvrtom na radni tekst amandmana Ministarstva pravde na Ustav Republike Srbije u delu koji se odnosi na pravosuđe

Author(s): Maja Prelić / Language(s): Bosnian,Croatian,Serbian Issue: 31/2018

Within the EU Accession process, the Republic of Serbia, by adopting the Action Plan for the Chapter 23, undertook the obligation to amend its Constitution in the part related to the judiciary. In this regard, the Ministry of Justice drafted and, on January 22nd, published the Working Version of the Draft Amendments to the Constitution of the Republic of Serbia taking into account the summary of six-month long consultative process with civil society conducted during last year. This paper analyzes new solutions that have been proposed by the Working text, as well as the most significant differences between them and the current Constitution. Among other things, the Working text proposes the exclusion of the National Assembly from the appointment process of judges, the removal of the probationary period for judges, revised composition and expanded jurisdiction of the High Judicial Council. Some of the proposed solutions were very welcomed by the public while others are strongly criticized. Anyway, the path between the Working text and the adoption of the Constitution is very long and all stakeholders, including the Government, civil society and the academia, need to put the effort to achieve the best result at the end, which is, naturally, to have an independent and accountable judiciary at the service of citizens.

More...

Uczestnictwo wiernych świeckich w posłudze zarządzania, nauczania i uświęcania Kościoła

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 1/2000

Zatem, w myśl kan. 204 KPK wiernymi w Kościele są ci, którzy przyjęli sakrament chrztu i w ten sposób przez upodobnienie do Chrystusa niezniszczalnym charakterem zostali włączeni do Kościoła (por. kan. 849 KPK). Wszyscy zatem stanowią Lud Boży i w ten sposób uczestniczą w tej samej misji Kościoła. Na tym opiera się równość wszystkich wiernych co do godności i działania, na skutek czego każdy, zgodnie z własną pozycją i zadaniem, współpracuje w budowaniu Ciała Chrystusowego (por. kan. 208 KPK).

More...

ODGOVORNOST I POVJERENJE KAO NORMATIVNA NAČELA POLITIKE

Author(s): Henning Ottmann / Language(s): Croatian Issue: 03/1991

According to the author, politics, i.e. political relationship in a community, is based on the principles of responsibility and confidence. These two principles have a universal status in a modern state based on law.

More...

Tworzenie prawa antykryzysowego – dylematy aksjologiczne

Author(s): Hanna Dębska / Language(s): Polish Issue: 2/2011

The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.

More...

Türkiye’deki Emeklilik Yatırım Fonlarının Performans Ölçümü: İslami Emeklilik Yatırım Fonları İle Geleneksel Emeklilik Yatırım Fonlarının Performans Karşılaştırması

Author(s): Zafer Adalı,Mustafa Uysal / Language(s): Turkish Issue: 2/2018

Pensi on mutual funds are crucial instruments that boost investment activities. In this way they can make a significant contribution to meeting the resources needed by the country economies. In this paper, at the first stage it has been tried to gauge the performance of 26 share based pension funds operating in Turkey during the period between June 2014 and October 2014 and the timing ability of fund managers. Secondly, the performance of Islamic pension mutual funds which are formed in accordance with Shariah Law and traditional pension mutual funds, has been compared. For this purpose, weekly data of funds has been analyzed by Sharpe and M2 based on standard deviation, and Treynor, T2, Jensen based on systemic risk. According to the results, both fund group generally performed very well and fund managers of them succeeded in market timing strategies. It is also seen that Islamic pension funds displayed lower performance than traditional ones.

More...

KRIVIČNA DELA PROTIV BRAKA, PORODICE I DECE U KRIVIČNOM ZAKONIKU REPUBLIKE SLOVENIJE

Author(s): Vid Jakulin / Language(s): Serbian Issue: 3/2017

The objects of criminal law protection in these offences are marriage, family, minor persons and children. With regard to the object of protection, the criminal offences from this chapter can be divided into three groups. The first group of offences, that is criminal offences against marriage, contains only one single criminal offence, that is Bigamy. The group of criminal offences against family consists of the following offences: Alternation of Family Status, Abduction of Minors, Family Violence and Violation of Family Obligations. The group of criminal offences against minor persons (which certainly includes also children) is composed of the following criminal offences: Neglect and Maltreatment of a Child, Non-Payment of Maintenance and Incest. It has to be pointed out that the same objects of criminal law protection (in addition to some other objects which are primary) are covered also by other chapters of the Criminal Code, in particular by Criminal Offences against Life and Limb, Criminal Offences against Human Rights and Liberties and by Criminal Offences against Sexual Integrity.

More...

THERAPEUTIC JURISPRUDENCE AND PROBLEM-SOLVING COURTS

Author(s): Vanja Bajović / Language(s): English Issue: 2/2010

There is temptation to talk of paradigms shifts in criminal justice. In recent years, therapeutic jurisprudence and problem-solving courts have been identified as ideas that have affected the conceptualization and operation of common-law system. Its basic premises about treatment instead of punishment remind on the assumptions of positivist school of criminology, a social movement developed in the continental Europe during the 1800s and early 1900s, meritorious for promotion of security measure as a special type of criminal sanction in civil law system. The ideas are the same, but approaches of two opposing systems are different. The purpose of this paper is to explore these different approaches, analyzing therapeutic jurisprudence, problem solving courts and security measures. Basic assumptions of therapeutic justice and development of this concept are analyzed in the first part of the research. Second part deals with problem solving courts, its emergence, reasons of establishment and procedure in front of them, while the last part is dedicated to medical security measures, their regulation in civil law systems and different approaches of regular and problem solving courts in dealing with the offenders that need medical treatment.

More...

Doğu Karadeniz Hayvancilari ve Çobanlari Arasinda Geleneksel Meslek Hukukunun Temsilleri

Author(s): Mustafa Aça / Language(s): Turkish Issue: 93/2018

In societies where there is no developed legal code or existing rules and arrangements fall short meeting certain social needs in life, oral and traditional rules and norms function instead of law. Each folk group has its own sort of folk law. Traditional legal rules, which are usually resistant to change by nature, are born out of the need to solve complex situations. These rules maintain their validity and functionality until the existing situations change. In professional organizations that have traditional characteristics, specific professional norms and general principles of social law are added to the representation of folk law. In this context, in dynamic professions such as shepherding that are based on application and production, special rules that are born in coherence with the diversity of professional processes can be developed. Each traditional rule that aims at bonding and mobilizing the members of professional groups as well as maintaining the continuity of production, gradually serve as constituting components of a system of rules. This study aims to analyze and evaluate the informal legal professional rules that are developed and practiced by the shepherds who belong to the folk groups that rely on subsistent economic model in the Eastern Black Sea region animal husbandry societies. The professional application areas and functions of traditional rules that are compiled during field research are also evaluated with a multidimensional perspective in the scope of this study.

More...

O przyczynowej dedukcji "societas civilis cum imperio"

Author(s): Paweł Polaczuk / Language(s): Polish Issue: 21/2015

W niniejszym artykule autor odnosi się do metody analityczno-syntetycznej Thomasa Hobbesa. Charakteryzuje jej historyczne nowatorstwo oraz jej zastosowanie w wywodach poświęconych władzy i społeczeństwu. Jej rezultatem jest utrwalona w Lewiatanie konstrukcja nieograniczonej władzy suwerena, wyłonionego w warunkach strachu jednostek o własne życie. Analizując tę metodę i osiągnięty przez Hobbesa rezultat, autor odnosi się do relacji prawa stanowionego i prawa naturalnego w koncepcji autora Lewiatana. Pokazuje, że koncepcja społeczeństwa pod władzą suwerena niesie za sobą zmiany w pojmowaniu utrwalonej w tradycji relacji pomiędzy prawem stanowionym i prawem natury. Zdaniem autora, Hobbes wiąże pojmowanie prawa z władzą w sposób analogiczny do relacji społeczeństwa pod władzą suwerena. Ponadto autor rozważa aktualność koncepcji w warunkach współczesnych.

More...

Država i ostala lica javnog prava kao titulari ljudskih prava

Author(s): Boštjan Tratar / Language(s): Bosnian Issue: 20/2017

In the article the author presents a possible expansion of the protection of human rights to the state and other legal persons of public law (e.g. municipalities), despite the fact that these are, in principle, addressees, and not holders, of human rights. As a rule, human rights are bestowed upon individuals, i.e. natural persons, as defensive rights aimed at protecting these individuals from the state (and emanations of its authority). Based on the case-law of some states, especially Slovenia, the author presents the foundations of several constitutional courts as regards the extension of the entitlement of human rights to the state and to other legal persons of public law (e.g. communities and also mixed capital companies). It is obvious that, when assessing whether or not these persons can be holders of human rights, the case-law is focused on the issue of the function (authoritative/non-authoritative) of these persons, rather than their form, and on the issue of whether or not they may be affected in the same way as individuals, i.e. natural persons.

More...

Konstitutivnost naroda u Bosni i Hercegovini: Pregled teorijsko-pravnih i pojmovnih određenja

Author(s): Kemal Efendić / Language(s): Bosnian Issue: 21/2018

The notion of constitution of the people is a novelty in the theory and practice of constitutional law. By signing the Washington Treaty, it is incorporated for the first time into the constitution and thus becomes part of the constitutional solution. This agreement ended the armed conflict in one part of Bosnia and Herzegovina, and the Federation of Bosnia and Herzegovina was established on the territory where the Bosniaks and Croats made the majority. The general framework agreement for peace in Bosnia and Herzegovina, the concept of constitution of peoples was established throughout the country - with Bosniaks, Serbs and Croats as constituent peoples. The word “constituency” originates from the Latin word constituo, which in translation means the basic, the composite, the foundation, the determining one. The constitutiveness of Bosniaks, Serbs and Croats implies their equality realized at the level of collectivity - through equitable / parity representation in the constitution-specific institutions of the system and special mechanisms of protection of vital interests of constituent peoples. In this sense, the principle of the constitutiveness of the people in the legal and doctrinal sense can not - under any circumstances - be equated with the notion of sovereignty. Constituent peoples at the level of collectivity and each are individually not sovereign nations, nor any constituent people can exercise their constitutiveness independently and independently of the other two constituent peoples. Also, the principle of the constitutiveness of the people should be understood as a “provisional measure” since it was established in a period of mass violations of human rights, and during that period it was necessary to stop the war and establish international peace and security. In such circumstances, privileged status was granted to the Bosniaks of the Serbs and Croats solely in order to stop the war. This was also taken up by the European Court of Human Rights in Sejdić-Finci, Azra Zornić and Ilijas Pilav cases.

More...

Prikaz JUFREX seminara: „Pravo na slobodu izražavanja, član 10. EKLJP“

Author(s): Davor Trlin,Arben Murtezić / Language(s): Bosnian Issue: 21/2018

Centar za edukaciju sudija i tužilaca F BiH je jedan od implementatora regionalnog Projekta Vijeća Evrope i Evropske unije po pitanju primjene člana 10. Evropske konvencije o ljudskim pravima i osnovnim slobodama (“JUFREX Projekat”). Tako je 22/23.02.2018. godine, u sali hotela “Garden city” u Konjicu, održan drugi seminar u okviru ovog projekta u okviru programa stručnog usavršavanja CEST-a F BiH. […]

More...

HETERO/AUTO/-NOMIJA U KONTEKSTU SAMO/ DETERMINIZMA BIOLOŠKIH OPORUKA

Author(s): Suzana Vuletić,Silvana Karačić,Gordana Pelčić / Language(s): Croatian Issue: 2/2018

A contemporary view of death is characterized by a sequence of uncertain and difficult questions arising from the clinical context, out of the legal and bioethical domains of taking difficult existential decisions related to the last moments of human life. This step requires a full rationality of free autonomy, which can be significantly disturbed by the loss of mental ability, conditioned by certain illnesses in certain moments. Therefore, patients should have a legislative opportunity to clearly state their wishes regarding the required treatment or the withdrawal in previously prepared guidelines of anticipated medical dispositions of the biological testaments for (non) treatment or the appointment of a surrogate representative of treatment choice at the terminal phase, in case of limited decision-making ability. The signed biological will could greatly contribute to a dignified mode of dying, consistent with the choice of autonomous patient’s end-of-life care values, which can often enter into collision from a heteronomous perspective of a surrogate decision-maker. With the biological will we could overwhelmingly overcome the difficulties of the clinical dilemma of existential decisions: Physicians would be more reliant on choosing care in urgent health care plans in crisis situations, the patients could provide the assurance of their self-determination while the surrogate rulers could be largely released from the pressure of responsibility.

More...

Dowody i zeznania. Świadectwa o Zagładzie w pierwszych latach powojennych

4.50 €

Preview

Dowody i zeznania. Świadectwa o Zagładzie w pierwszych latach powojennych

Author(s): Agnieszka Haska / Language(s): Polish Issue: 3/2018

Haska discusses the moment when the narrative about being a witness of the Holocaust emerged. She analyses accounts collected by the Central Jewish Historical Commission in the years 1944-1947, currently kept at the archive of the Jewish Historical Institute under number 301. This collection clearly shows that the testimony was treated as a legal narrative, as a witness account that could be used to accuse perpetrators. The article discusses the different dimensions of the testimony, such as the question of being an eyewitness and the way the protocol-maker, who is also a witness, establishes credibility. The minute secretary is also called upon to testify – both in a metaphorical as well as legal sense.

More...

Law and Legal Science in the Age of Big Data

Author(s): Zsolt Ződi / Language(s): English Issue: 2/2017

The paper aims to contribute to the understanding of the connection of law and legal science, on the one hand, and the Big Data phenomenon, on the other. The connection of Big Data and law can be thematised in several ways. This article makes a distinction whereby there are two levels of interplay between Big Data and the law (and legal science). Big Data on the one hand can be the subject of legal regulation and legal science, but it also can be a tool for better, ‘predictive’ law making and lawyering. This latter is also true for legal science: Big Data opens a whole range of possibilities as a new tool.

More...