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The Muhimme-i Mektum Registration Book number 276, is included in the Muhimme Registration Books, which are among the written sources of the period, which have been inherited from the Ottoman Empire to the present day. In the registration book containing 44 pages, there are 133 provisions in total. Muhimme-i Mektum Registration Book number 276, which consists of two chapters, includes the provisions covering the years 1807-1810. While the provisions in the first chapter involve similar events with the classical muhimme-i mektum registration books, the provisions in the second chapter have the same content as the classifying registration of the kal'abend registration book. The provisions in the first chapter are about the cases that took place within the borders of the Ottoman Empire and the precautions should be taken against these cases. Here, administrative and social issues are mainly included. In the second chapter, the punitive executions belonging to the Ottoman Empire are included. In the registration book, the cases belonging to different regions are encountered. Therefore, the cases and issues belonging to different regions of the Ottoman Empire and the precautions taken against them can be understood from the provisions in the registration book. Generally, acts contrary to the laws and rules that occur, as well as cases that disturb the peace in the region and involve activities such as banditry, etc. are included in the provisions. The attitudes and behaviors of the Ottoman Empire in the face of these cases and the precautions taken with the aim of eliminating the issues are clearly seen in the provisions. In the precautions taken, the punishment of the criminals is intensely at the forefront. Punishments included in the provisions in the registration book are death sentence, hard labor (penalty applied by rowing on ships), kal'abend confinement (confinement in a fortress), monastic confinement, deportation and compulsory residence penalty.
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The Constitution embodies the experience gained and bears the traces of tradition, at the same time it brings and gives perspectives for development. The ability of a constitution to endure the amendments, to grow up with the practice of its application and interpretation is in service of its purpose –to be an instrument for government which is restricted and controlled by the means of democracy. However, it is a manifestation of the very essence of the Constitution as a social contract and a supreme law.
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The article poses a question about the current meaning of the Universal Declaration of Human Rights. The starting point is the analysis of the legitimacy of the Declaration, which leads to the conclusion that the support for it has not been eroded by the passage of time, but has indeed gained strength. The Declaration՚s message of the universality of human rights is tackled from the perspective of the controversy over this principle in the drafting process and in the light of the debates held in preparation for the Second World Conference on Human Rights in Vienna in 1993 and during the Conference itself. The Vienna Declaration and Programme of Action not only stressed that the universal nature of human rights is beyond question, but also pointed to the importance of national and regional specificities, and various historical, cultural and religious conditions that, however, do not relieve states, regardless of their political, economic and cultural systems, of the obligation to promote and protect all human rights. The InterAction Council’s initiative to develop a Universal Declaration of Human Responsibility is presented as an attempt to reconcile different doctrinal and political positions with regard to the universality of human rights. The conclusion of these considerations is the expectation that the already visible tendency to absorb various philosophical, doctrinal and cultural traditions in order to enrich human rights justifications will prevail over attempts to question the universality of rights in the name of regional or other distinctions. The Universal Declaration was also a testimony to the holistic approach to human rights, encompassing economic, social, cultural, as well as personal and political rights. The subsequent winding road in attitudes to the two main categories of rights at the international arena ultimately led to the return of the spirit and letter of the Declaration and the recognition of equality of all rights in the legal and institutional-procedural dimensions. Various aspects of the Declaration’s binding force and related controversies have been analysed in the context of its status as a resolution of the UN General Assembly, as an interpretation of the UN Charter, as part of customary law and jus cogens, and the concept of so-called UN law. The last part attempts to justify why the Declaration should be seen as a living instrument.
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The phenomenon of corruption in Russia, shown in the historical perspective, is described here by changes of legislation in this matter throughout the ages. It is clearly seen that changes of legal regulation tried to penalize many new aspects of bribery and to increase of penalty. The attitude of the society, both Russian and Soviet, shows that legal regulations have been ignored not only by citizens, but also by the state’s officers. The scale of corruption now and damages it causes is an evidence that there is no effective system of protection against these crimes in Russia.
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Naučni odbor je pripremio autorske referate za učesnike Okruglog stola “75. Godišnjica Trećeg zasjedanja ZAVNOBiH-a: uloga Trećeg zasjedanja ZAVNOBiH-a u društvenom i političkom razvoju Bosne i Hercegovine” za štampu. Program Okruglog stola sastojao se od uvodnih obraćanja i 14 referata. Redoslijed radova u ovom zborniku u najvećoj mjeri slijedi redoslijed izlaganja referata pripremljenih za Okrugli sto, koji se trebao održati krajem 2020. godine, međutim zbog nezahvalne epidemiološke situacije izazvane virusom COVID-19, nije bilo mogućnosti njegovo održavanje. Akademik Ivo Cvitković je naglasio da većina pripadnika pokreta nisu bili komunisti, ali su oni bili organizatori antifašističke borbe. Postavio je sljedeća pitanja: za šta se borio NOP, politika NOF-e; uvođenje zvanja vjerskog referenta, primjeri odnosa narodnooslobodilačkog pokreta prema slobodi religije, sloboda vjeronauke i osnivanje “vjerske komisije”? Posebnu pažnju je posvetio religiji i crkvi na Trećem zasjedanju ZAVNOBiH-a i pitanjima: vjerski službenici, diskusije u kojima se kritički osvrtalo na religiju i religijske zajednice, biranje sveštenika u ZAVNOBiH, gdje je pošlo “ukrivo”, zašto je došlo do promjena odnosa prema religiji i crkvi i začeci netrpeljivosti?
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This study presents the different manuscript or published sources of law that were referred to in the course of litigation in the Transylvanian central court of law, the Royal/Voivodal/Princely Table (Tabula, Curia) and its court of appeal, the court of personal presence in the second half of the 16th century. Based on the analyzed archival sources – mainly the various allegationes made by the lawyers – one can conclude that different sources provided the grounds that were frequently given for the decisions of the court. The data presented shows that besides the Tripartitum, which was mostly referred to, the lawyers used during the litigations the laws of the Hungarian Kingdom, the Decreta of the Transylvanian diets and the Table even judged some cases according to its own custom.
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In my short essay, I tried to present the changes in the criminal procedure law of the last one hundred and fifty years, the means of proof, and, wherever possible, to find a connection, as well as Ferenc Finkey's work, who was born 150 years ago. It can be said about Finkey’s work, his textbooks that his conception of material and procedural law marked a new era in Hungarian scientific life. He established a modern system, proclaiming the principles that meet the theoretical and practical requirements of a modern criminal procedure based on individual freedoms, acquiring a state-of-the-art approach with a European perspective. As a result, his views are not let out of the latest scientific life either. His theoretical conception and dogmatic theorems still define legal thinking.
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The article includes a comprehensive and accurate picture of the development and hardships of the Science of Legal History from the second half of the 20th century. It is impossible to give a systematic representation of the science of legal history in Hungary; the author’s aim is use snapshots of different problems in order to give a feeling for the changes legal history went through due to the political events of the 20th century. To sum up, it can be said that publication opportunities were affected by both subjective and objective factors in Hungary. It is a happy fact that the number of researchers in the field of legal history constantly increased. The structure of university education and the changesin international relations also affected the transformation of possibilities for publication. After the era of Socialism, the publication of research results in the field of Hungarian law, more specifically, the field of legal history, changed significantly. One must not forget that with the broadening of international relations, further options became available for foreign colleagues to become familiar with the works of Hungarian legal historians.
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A Brief Review of Scholarly Events in Legal History in Ukraine in 2016
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2018 was a year of important scholarly events for Ukrainian legal history. During this year Ukrainian scholars published several historical-legal academic works and held three professional conferences.
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During 2013 in Ukraine a large quantity of scientific works dedicated to the historyof law and the state was published. Ukrainian scholars were investigating issues in both national and foreign law
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Andreas Hegyes’ diary – kept between 1613 and 1617 – is an excellent source for analysing contemporary perceptions of crime and deviant behaviour from several perspectives. Compared to town chronicles, the diary conveys information not only about the crimes that took place in the town and its jurisdiction, and the discourse about malefaction and delinquency, but also about the empirical knowledge of the incidence of crime and the measures taken to combat it, as perceived by the town official who conducted criminal proceedings and supervised the execution of punishments, especially of the public executions. The aim of our study is to present information from the diary about the crime and the law enforcement in pre-modern Brașov, about the chronicler’s perception of offenders and victims, and about the functioning of the criminal justice system.
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This paper presents the evolution of Romanian arbitration, proving its effort and orientation towards efficiency in order to meet the users’ needs and to adapt to the challenges of a changing world. In the seventeenth and eighteenth centuries, when the whole of Europe was struggling with the legislative activity imposed by the breaking of the old feudal tradition and the demand to meet the needs that were born with the revolutions and changes dictated by them, in our country, Caragea Code entered into force regulating also arbitration, taking over from the Donici Handbook and the Calimach Code. The latter, however, was considered superior to Caragea's legislation and applied for nearly 50 years. It followed the Unification of the Principalities and the adoption of the 1865 Civil Procedure Code with the arbitration regulated in the Fourth Book, which lasted until 1993, when arbitration was given a revival and ample regulation aligned with contemporary legislation. During the communist era there was an institution adapted to the new socialist principles for settling foreign trade disputes, the State Arbitration. This contributed keeping alive of the Commercial Code which was not abrogated, for it continued to use commercial law and its principles when Romanian law was to apply. The last significant change occurred with the entry into force of the current Civil Procedure Code in 2013, which harmonized the Romanian arbitration legislation with the most evolved trends. As culmination of the latest changes to meet the demand of placing Romania on the current international arbitration map as a suitable place to conduct a modern arbitration process tailored to trends, and to promote a sustainable arbitral system for the future, the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania recently adopted new Rules of arbitration developed from good practices and international rules in the field.
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The paper is an English translation of Przyczynek do rozważań nad stosunkiem prawa międzynarodowego do prawa rzymskiego by Bohdan Winiarski, published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1934. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law.
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