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The concept of a culture of lawfulness is appealing for its aspirational and open-ended nature. However, the concept still has to prove itself as a concrete basis for action. The article argues that the practical value of that concept lies in its promise to create a fresh common narrative to support a broad range of human-rights inspired and democratically derived justice reforms. The authors reflect on what makes a culture of lawfulness possible, how it always remains fragile, and how one might recognize signs it is under attack. A culture of lawfulness is based on the genuine willingness of government officials and members of society to hold themselves and one another accountable to the law, which requires a certain level of trust and confidence in justice institutions and their ability to protect everyone from injustice and insecurity. The article emphasizes the role of justice reforms in sustaining such a culture. Law reform initiatives and the strengthening of justice institutions play a central role in fostering and shouldering a culture of lawfulness, particularly when such reforms are not limited to capacity building measures but also address the more fundamental need for greater fairness, accountability, transparency, and inclusiveness. What is a grave concern in many societies is the political failure to defend the rule of law and to proceed with the necessary justice reforms to ensure fairness, transparency, and accountability. One of the most important tasks today is to consolidate the culture of lawfulness wherever it has taken root
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This essay seeks to clarify what is meant by a Culture of Lawfulness (CoL), first in its original academic terms and antonym – lawlessness. The author ventures into its quintessence from a sociological perspective of criminal tribal traditions, next as the effect of conflict and post-conflict situations, and, then, as statutory lawlessness under the guise of the Rule of Law. Second, the essay considers CoL as a collateral of the 2030 United Nations Sustainable Development Agenda, introduced under its chapeau by the Thirteenth United Nations Congress on Crime Prevention and Criminal Justice (Doha, Qatar, 2015).Th ird, the author looks into the relation between the Rule of Law and economic development. Finally, he looks into the question of the advancement of a Global Culture of Lawfulness that supports the rule of law and human rights while respecting cultural identities, through intergenerational and intercultural transmission of crime prevention values in the age of migration. In this latter context, the author discusses the educational CoL challenges for immigrant children and youth.
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The relationship between education and peace is a complex one. The article discusses how education can be the driver of peace and Culture of Lawfulness or, if used to propagate intolerance or prejudice, it can also fuel injustice. Throughout its content, the article looks at the issue of Culture of Lawfulness through the Sustainable Development Goals (SDG), particularly from the SDG 4 perspective. The article focuses on the role education can play in advancing the Culture of Lawfulness. In particular, the article discusses the development of Global Citizenship Education (GCE) as an important tool for Culture of Lawfulness. Furthermore, the article also highlights the role of students’ social and emotional skills’, also known as non-cognitive skills, and the development through GCE teaching and learning, in their lawful behaviour. Teachers are considered key actors of change and much attention should be given to their training needs, both on the initial training level, as well as through continuous professional development.
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In this paper, we discuss an innovative approach to teaching integrity and ethics at university level. In particular, we discuss the University Modules on Integrity and Ethics, which the United Nations Office on Drugs and Crime (UNODC) developed under its Education for Justice (E4J) initiative. UNODC’s involvement in developing educational materials stems from the recognition that education plays a crucial role in promoting the rule of law and crime prevention. The E4J University Modules encourage lecturers from different regions and disciplines to incorporate integrity and ethics education into their programmes and courses. The paper consists of three parts. The first part introduces the new approach to global ethics education that E4J offers. The second part discusses the development of integrity and ethics modules. The third part explores their implementation and the ways in which lecturers can use the materials to promote a culture of lawfulness.
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The mention of “culture of lawfulness” in the Doha Declaration of the Thirteenth United Nations Congress on Crime Prevention and Criminal Justice (Qatar, 2015) prompted the United Nations Office on Drugs and Crime to develop the Education for Justice initiative, aiming to support the integration of crime prevention and the rule of law into all levels of education. This essay gives an example of how the culture of lawfulness can be promoted by teaching a tertiary-level course showing the links among the rule of law, corruption, transnational organized crime, and the need for appreciation of diverse cultures. The essay illustrates this by the case of countering of transnational organized crime, and presents the reasons for and ways to integrate discussion of the rule of law and corruption. Finally, this essay’s author argues for the need to understand and appreciate diverse legal traditions.
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The paper considers the problem of understanding the “unnamed” in civil law, various approaches to it in accordance with the definition in legislation and civil doctrine. Examples have been given to show how the number of cases of application of the term increases in the legal literature. It has been suggested to distinguish between the concepts of “gap in law” and “unnamed”. It has been argued that they should be considered through the prism of such philosophical categories as “cause” and “consequence”. The phenomenon of qualified silence of the legislator and its relationship with the concept of “gap in law” have been analyzed. In the legal literature, the basis for their distinction is laid in the intention of the legislator. This criterion is subjective. Accordingly, a “gap in law” arises in the event of omission of the legislator, and qualified silence arises when there is a targeted law-making policy. It has been proposed to abandon the subjective criterion and the characteristics of the gap in law from the position of a positive or negative phenomenon. The “gap in law” is an objective category indicating that there is no provision in the law that would directly regulate the relationship that has arisen. Subjective and objective points matter when interpreting the rights and responding to the established paths and determining the ways to eliminate them. The choice of the directly fixed, allowable, alternative, and forbidden “unnamed” has been justified.
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The article aims at presenting one of the political forms of cooperation, that is inter-municipalcommitments and specifying their legal character after analyzing the law acts, judicature and theopinions of the doctrine. Judicature explicitly favors the public character of such commitmentshowever, in the doctrine, the similarities to public-civil law agreements were indicated. Mainly, theaim is that competence to adjudicate upon the financial disputes is conferred upon the commoncourts. Despite some civilistic aspects, one should bear in mind that the subject of the commitments is transferring the public tasks thus related to the administrative dominion which predestinates its public character.
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Climate change results in threats in the form of droughts, floods, extreme weather events, heatwaves and problems with crops and food. It can also cause so-called climatic conflicts related tocompetition for natural resources, population migrations and geographic changes. Along withclimate change, the approach to environmental protection has evolved - from the “natural heritageof humanity” through the “common concern of humanity” to so-called climate security. The linkbetween climate change and security has been emphasized in the United Nations soft law documents. This led to a debate in the Security Council on climate change, which postulated the inclusion of climate issues within the mandate of the Security Council. Thus, the notion of internationalsecurity contained in art. 1, 24 and 39 of the United Nations Charter should be interpreted in thecontext of so-called climate security. This is allowed by the dynamic interpretation of these provisions – from military security to humanitarian security.
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Reaching back to the sources and the meaning of essential European values is of great importance to creating the vision of democracy and freedom. This applies also to values such as fraternity. The root thereof is found in pre-ancient poetry, later in the reflection of early philosophers – especially of the Sophists and the Stoics. Fraternity stands for the common descent, background, and heritage of humans. Descriptions of social reality nowadays reveal various forms of discrimination, e.g. on account of passing over the imperative of fraternity. A guarantee of only majority decision-making without common kindness as defined by C. Znamierowski and without fraternity will not make a system democratic. In such circumstances, the righteousness of legal acts is also debatable.
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Starting from the point of some authors about the fundamental crisis in which contemporary homo politicus stands, and from the claim that citizens are becoming increasingly passive recipients of political content and decreasingly active participants in the political process, the paper tries to explore the merits of such an understanding by analyzing reports on the conducted public consultations which have been published on the central state website for e-consultation as one of the methods of public participation in the process of drafting laws, other regulations and acts in the Republic of Croatia since the launch of this portal in 2015. Assuming that the judicial system, whose functioning is characterized by a negative public opinion, acts as an incentive to the public to present their comments (suggestions and opinions) during the consultation, the object of this research are reports on the conducted public consultations in the field of justice. The paper begins with the thesis that the number of commentaries and their applicants participating in public consultations in the process of drafting laws, other regulations and acts is constantly increasing and that the public's interest in participating in this process is not reducing. After the first, introductory part of the paper, the second part tries to briefly outline the theoretical starting point of public participation in the process of policy making, after which the third part of the paper presents a valid normative framework for public consultation in the process of drafting laws, other regulations and acts in the Republic of Croatia. After the fourth section analyzes available reports on the conducted consultations on draft laws, other regulations and acts in the area of justice, the fifth part of the paper deals with the concluding considerations.
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The aim of the article is to discuss the relationships that occur between ethics in general and professional ethics on the example of selected legal professions (lawyers and legal advisors). The analysis is aimed at answering the question whether the general and professional ethical norms are complementary or substitutive.
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The sequence of penalty is a new measure of penal reaction, which according to the legislator’s intention should replace the suspended imprisonment, which is too often used by the courts. A short period of imprisonment provides deterrence to criminal behavior and at the same time due to penalty of limitation of liberty, which is deprived from strong stigmatization effect, it is possible to approach socially expected behavior. The authors examined the Ministry of Justices files and analyzed the use of this institution in the context of achieving the objectives set forth it during the legislation process. The Authors also indicate the problems in Art. 37b application.
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The article presents a conception of the intention of the text, as developed by an Italian philosopher, Umberto Eco, and collates it with the interpretative paradigm in law. Since the conception of the intention of the text is neither complete, nor comprehensive, it has been supplemented with similar stances (Stanley Fish’s paninterpretationism and Roland Barthes’ idea of the death of the author) in order to attain a fairly systematic collection of thoughts that may provide the basis not only for presenting a new approach to interpretation, but also for showing the differences between the described conception and clarificative theory as well as derivative theory. The comparison is conducted in two aspects: firstly, situation of interpretation (i.e. when the interpretation is performed), and secondly – directives of interpretation (i.e. the procedure of interpretation).
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