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Review of: Langášek, Tomáš: Ústavní soud Československé republiky a jeho osudy v letech 1920–1948. Vydavatelství a nakladatelství Aleš Čeněk, s. r. o. Plzeň 2011, 319 s.
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Review of: Winkelhofer, Martina: Viribus unitis. Císař a jeho dvůr. Nový pohled na Františka Josefa. Ikar, Praha 2011, 237 s.
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The question of the social and legal position of woman was not the subject of scientific reasearch for a long time. As comprehensive research, this question appeared sporadically, most often within the framework of research into prehistoric societies and their connection with matriarchy or as a subject of analysis of the cult of goddesses and stories about slaves and courtesans. With new scientific research from the beginning of the 19th century and during the 20th century, the question of the position of women in science gained a significant place. Within the framework of Roman law, the question of the position of women was for a long time shrouded in the veil of women's disenfranchisement within the society of ancient Rome. However, the question arises as to how and to what degree the ancient woman was disenfranchised.In this article, which aims to investigate the importance that women had in state affairs in ancient Rome, their legal status and real power, it will try to prove that women really had a significant role in ancient society. In order to reach such a conclusion, the paper will look at the issue of the position of women in ancient Rome through historical, political, religious and cultural circumstances that influenced the formation of the image of women in ancient Rome.
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Although Greek and Roman women, in the earliest times, had a subordinate role, cases can be singled out in which they were directly or indirectly involved in court proceedings. In death, as in life, their identity was lost in that of their male relatives. This was old religious supremacy of the man and in that we can find the origin of woman’s political and legal subordination. The primary duty of women in ancient Athens was to marry and to bear legitimate children because the family hearth must not be extinguished (oikos eremos), so that their family unit might continue. The Athenian woman had no procedural ability, but preserved court speeches such as Antiphon’s „Against the Stepmother“ and Dhemostne’s „Against Neaera“ show that through rhetorical tricks, her presence could be felt indirectly in the courtroom. Though a Roman woman had to answer to her father legally, she didn't conduct her daily life under his direct scrutiny, and her husband had no legal power over her. Despite the fact that Ulpian stigmatizes court-appearance by women: “et propter sexus infirmi-tatem et propter forensiumr erum ignorantiam”, beside Vestal Virgins, examples of women who participated in court proceedings can be found. Valerius Maximus devotes a section of his work “On Memorable Deeds and Speeches” to women who conducted cases on their own behalf, or on behalf of others – Maesia of Sentinum and Afrania. This is also confirmed by Cicero who shows Republican women questioning jurists on points of law, including criminal law.
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The practice of wet-nursing spread in Roman times as early as the late Republic even more during the Imperial age. It is widely believed in the literature that it was the Antonine emperors who curbed this trend and favoured the role of mothers. However, there is no specific legislative intervention handed us to us, but some legal and literary sources confirm the widespread interest in this topic at the time.
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Recognizing diverse Roman indicators of legal (private law) position of women and elements in coordinated provisions of the observed mediaeval source Statutum Terrae Fluminis anno MDXXX . Тhe Authoress denotes the accents of gradually accepted and improved clarifications or concern considering real/potential protection referring female ‘(in)firmitas’/’fragilitas’ in disposal sphere, and traces of inheritance law features.
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Sorcerous acts and behaves in Roman law were in reach of iniuria, a type of a private delict. From its beginnings to the classical and postclassical period of Roman law it was an exclusively lay category to which the law paid attention because it was considered as injurious for other people and their property. The Romans believed that resort to some hidden and irrational forces could result with concrete damages, for which the perpetrator should be persecuted and ultimately punished. The same legal approach was adopted in the southern Europe in the early and high Middle Ages. It was first elaborated by the Bologna jurist and simultaneously accepted to different statutory regimes of the great states and empires of the time, including the Venetian statutory regimes. The same rationale of the Roman legal approach can be clearly discerned in the statutory regimes in the Istrian and Dalmatian communes. For this, the paper at hand examines reflections of the Roman concept of iniuria (specifically the sorcery) to legal perception of such acts in the communes of the eastern Adriatic in the Middle Ages. The intention of the authors of the paper is to examine connections between the Roman law and the communal statutory laws that in the legal matters related to sorcery apparently adopted the Roman paradigms. The special emphasis is put on relation of such acts to Church jurisdiction.2
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In the medieval Croatia, the position of women regarding their property rights, particularly property ownership in marriage and its management, was regulated by statutory provisions that drew upon the Roman-Byzantine legal tradition, while also incorporating influences from Croatian and Venetian law. The paper is focused on the scrutiny of the matrimonial property rights position of women in medieval Rijeka based on the provisions of the Rijeka Statute from 1530 and the Book of the Rijeka Chancellor and Notary Antun de Renno de Mutina from the mid-15th century. It compares the regulation of the matrimonial property regime in medieval Rijeka with the Cres Statute and Istrian statutes, primarily concerning the clarification of issues related to community of property and the joint management of spouses' assets. With the aim of highlighting the progressive solutions of medieval statutes, particularly those of Rijeka and Istria, their provisions will be compared with the contemporary regulation of matrimonial property regime in Croatian law, as well as selected comparative European legal systems.
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Constitutions are complex and substantively important documents, and at the same time they contain necessary characteristics that are a reflection of the existing type of society, that is a constitution is an act of state, the highest normative - legal regulation, which is a fundamental law, but also a declarative act and an ideological political act. The Constitution is also the highest legal act of the state, since the Constitution determines the legal force of other general legal acts. Today, the constitutional development of Serbia does not lag behind the strongest contemporary constitutional development of other countries. We could say that the constitutional beginning and development begins with Dušan’s code in 1349. The aforementioned constitution contains a number of constitutional elements, and in Dušan’s empire there was no higher law than the aforementioned Code. Other, later constitutions of Serbia as an independent state were encompased by the growth of human rights. In this context, this paper will focus precisely on the beginning of constitutionalism in the Republic of Serbia, but also on other later constitutions that were conditioned by the socio-economic circumstances in which they existed. A comparative-legal analysis can be used to perform a comparative-legal review of the constitutions in Serbia in relation to other constitutions that appeared at a certain time. This also applies to contemporary constitutional orders in the countries of the European Union, Russia, and other countries in relation to constitutionality in the Republic. Serbia. This paper presents the view that a change to the constitution as the highest legal act in a certain state can be expected, when it no longer has its purpose, that is, when it becomes a brake and a limiting element in itself, being in contradiction with the social circumstances in which it exists. Apart from this, our goal is to present the basic and fundamental characteristics of the development of constitutionalism in the Republic of Serbia.
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This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitutional protection for the first time in German legal history. In addition, the paper outlines how this new constitutional framework was received by scholars and had an impact in practice. However, the proclamation of a German Republic after World War I, not only changed the constitution, but also meant that the administration was confronted with completely new challenges. How the German administration responded to this new situation is also briefly outlined in order to provide a better understanding of the importance and scope of the administrative courts' activities at the national level. The article focuses on the antitrust court and in particular on its competences and available remedies. These two parameters of court organization provide information on whether the Antitrust Court was actually an institution committed to legal protection or whether the effectiveness of the administration was the guiding idea that shaped the activity of the Antitrust Court.
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The article aims to present Herman Lieberman’s parliamentary activity in the years 1922–1926, concerning the enactment and amendment of the act on the Supreme Administrative Tribunal of 3 August 1922. The main reason for exploring this problem is the fact that his parliamentary activity, focusing on the first Polish administrative court, was omitted from his memoires and his official biography, written by Artur Leinwald. Apart from that, the topic of this article coincides with the centenary of the Supreme Administrative Tribunal. Furthermore, this publication shows how the Sejm and the Supreme Administrative Tribunal operated before the may coup of 1926, because afterwards the new executive was progressively forcing the Supreme Administrative Tribunal to cooperate with government and to support state policy. The greatest number of sources concerning Lieberman’s parliamentary activity in the interwar period can be found at the Sejm Library’s website. Therefore, the methodology for writing this article consisted in the analysis of the bills and protocols of the Sejm, the Constitutional Committee, and the Legal Committee. These sources show that Herman Lieberman was very involved in the legislative work concerning the Supreme Administrative Tribunal. Analysis of these documents makes it possible to conclude that the parliamentarian was a great supporter of setting up this court in Poland. Herman Lieberman was sure that the Supreme Administrative Tribunal would be the guarantor of the protection of individual rights and freedoms.
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The Special Collections Department of the University Library of the Catholic University of Lublin preserves the legacy of the Podlasie-born Romanist Rev. Prof. Stanisław Płodzień. The author taught Roman and Canon Law at the Catholic University of Lublin in the 1950s and early 1960s. However, his promising career was interrupted by his sudden death in 1962. Among the unpublished materials he left behind is a script prepared for first-year students of canon law, entitled „The Roman Civil Trial”. This is a valuable find, since in the 19th and 20th centuries only two monographs on the Roman civil procedure were published in Polish. An analysis of the script shows that its author drew mostly on Leopold Wenger’s monograph „Institutionen des römischen Zivilprozessrechts”. It is from him that he took the idea of devoting a separate discussion to the differences between Roman civil trials and their criminal and administrative proceedings. The text included a subsection entitled “The Relationship between the Roman Civil Trial and Criminal and Administrative proceedings”. The author presented the peculiarities of all three types of proceedings in a factual manner, emphasizing that certain contemporary categories had already been contemplated by the Romans. Particularly noteworthy is the departure from the concept of dividing law into public and private based on the so-called criterion of benefit (utilitas). Rev. Płodzień emphasizes that the concept of state interest in Roman times was as vague as it is today. The narrative makes subtle use of modern civilist terminology.
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The purpose of this study is to show changes in the legal and political nature of the alliance between the Kingdom of Poland and the Grand Duchy of Lithuania over the centuries, from the Union concluded in Lublin in 1569, through the so-called ‘coequatio iuris’ of 1697, until the regulations adopted in the Constitution of May 3, and the “Reciprocal Guarantee of Both Nations” crowning the process and passed at the Four-Year Sejm on October 20, 1791. The study uses a wide range of archival manuscript sources, old prints, parliamentary legislation, and also numerous studies using both old and current literature. The main research goal of the study was to show to what extent the changes in the legal nature of the union of the two countries led to their full unification, which was in the past (and sometimes still is) the interpretation of this process in many studies, and to what extent the federalist character of the Polish-Lithuanian Commonwealth was preserved, which is nowadays the dominant view and which the author of this study is a strong supporter of.
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During the reign of Croatian Ban (Viceroy) Ivan Mažuranić (1873–1880), numerous reforms were implemented in the administration, the school system and the judiciary, since the political programme of his rule was based on building a modern legal infrastructure of Croatian autonomy. Already during the first year of his rule, Ban Ivan Mažuranić proposed to the Parliament the Act on Judicial Authority (Zakon o vlasti sudačkoj), which was adopted already next year, in 1874, to be considered one of the fundamental acts of the Croatian autonomous legal system. Aiming to disburden the judiciary in the first instance, in 1876, Ban Mažuranić followed the Act on Local Courts and Procedures (Zakon o mjesnim sudovima i postupku pred njima) to establish a court in each municipality authorised to deal with disputes over small sums of money. Although these were lay courts with features of administrative authority, this did not in any way threaten their position as a judicial authority. In practice, local courts acted as an effective and almost free system of the laity that disburdened greatly the judiciary and opened the way to modernisation of the Triune Kingdom of Croatia, Slavonia and Dalmatia according to European standards of a modern civil state.
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Aktywność naukowa białostockiego środowiska historyków prawa w 2022 r. przyniosła efekt w postaci artykułów opublikowanych w periodykach naukowych oraz publikacji zamieszczonych w pracach zbiorowych. Ważnym aspektem aktywności naukowej był także udział w ogólnopolskich i międzynarodowych konferencjach naukowych, połączony z wygłoszeniem referatów.
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The public recognition of the Romanian Brethren Assemblies as being an official Cult rested in the balance of freedom. As an historic arch over time, both recognitions took place under two Governments lead by the same man, Petru Groza, in the time of two very different postbellum regimes. The first recognition was approved by a pro communism Government, in the last years of the Monarchy, where there existed some forms of liberty, whereas the second one was by a completely and eminently Communist Government in the beginning of the Romanian Stalinism, supervised by a careful control of the State. The analysis of the two official documents, in the background of the years that were issued in, offer an interesting perspective over the Religious freedom from the point of view of one Denomination that has been through the process of the institutional recognition, twice in just a period of four years.
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The article is devoted to the analysis and the characteristics of the rights and the proxies of the monarch in Romania according to the Constitution of 1866. The adoption of the first Basic Law was the fateful act in the history of the state-building processes of Romania and contributed to its development as the sovereign state. The Constitution had the contractual nature and established the compromise between the young bourgeoisie and the large landowners in the form of the constitutional monarchy. The king in Romania for a long time remained the person who was «above» of all the state and political leadership of the country. This status and the proxies of the monarch were delegated with the first Basic Law. The legal fixing of such legal status of the monarch at the level of the Constitution made it possible to establish full-fledged royal power, which was an extremely important state-political step for the development of Romania as the independent country. The constitutional foundations, the functions and the limitations of the institution of the monarchical power in the principality were fixed in the number of the articles of the Constitution of 1866. At the same time, the important state-constitutional aspect was the clear fixation that all proxies of the monarch could be done based on the interests of the Romanian nation. The Basic Law of 1866 established the proxies of the monarch such as in the legislative branch of power (the right of legislative initiative, the right of the interpretation of laws, Articles 32–34); executive power (had to implement it in the manner determined with the Constitution, Article 35) and partially in the justice system (the right to declare amnesty on the political issues, the right to postpone or to mitigate punishment in criminal cases, Article 93). For strengthening of the foundations of the statehood, the Constitution officially established the principle of the hereditary power of the monarch (Article 82). His person was declared inviolable. Herewith, the Romanian constitutionalists fixed that the monarch did not have any other proxies, except those granted to him with the Basic Law (Article 96). Adopted in 1866, the Basic Law approved legally the democratic aspirations of the Romanian nation. It defined directly the most important principles of the state functioning as the principle of the national sovereignty, the principle of the division of powers, the principle of representative government, the principle of hereditary monarchy, the principle of the responsibility of the state officials, the principle of the Rule of law, etc. The Basic Law definitely contributed to the gradual democratization of the state-governing and public structures, the formation of the concept of the civil personality and untouchability, foresaw the presence of the political and legal pluralism in the country, etc. Due to the introduction of the institution of the constitutional monarchy, that ruler in the person of Karl I could establish and hold the certain political balance in the country between the liberals and the conservatives, which opened the possibility to potentially strengthen the two-party system and laid the foundations of the civil society and the future constitutional life of Romania.
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The turn of the 19th and 20th centuries in Austria-Hungary involved numerous political and social conflicts. Growing democratic tendencies resulted in draft bills being drawn up aimed at making voting rights universal. Since 1893 the conservatives from Galicia criticised the institution of universal suffrage on the grounds of anti-democratism and elitism. Of importance were also ethnic issues, in particular the fear of an increase in the number of deputies of Ukrainian nationality. Also in 1906, during the next parliamentary debate, conservatives expressed views against the reform of the electoral law. The article presents the position of Podolian conservatives through the speeches by their delegates in the Vienna parliament as well as the statements made in the press and in book publications.
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The Springtime of Nations in Germany is mostly associated with the views of various moderate liberals who played leading roles during these revolutionary events. The case is different when it comes to the members of the most radical wing within the liberal movement, the so-called “democrats.” Their ideas are described far less frequently. The article presented analyzes the idea of human rights in the view of Gustav Struve – one of the most important figures in the German democratic movement. During the German Springtime of Nations, the notion of human rights was one of the most frequently discussed but also variably understood problems. G. Struve’s views regarding this question refer not only to the idea of human rights, they also form a kind of political manifesto including solutions for various problems encountered by average citizens along with suggestions concerning an equitable structure of the social order. These postulates were revolutionary and radical but often incoherent. Thus, they fit well into the characteristics of the whole German democratic movement in the first half of the 19th century, which was seen as an unpopular, unsystematic, eclectic and immature phenomenon. The article first describes G. Struve’s life in the context of various events of the German Springtime of Nations. Subsequently, it analyzes the notion of the human being, his functioning in the social community and the definition of his rights. The article ends with an analysis of the material content of the concept of human rights in the view of the described German radical.
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In his monumental non-fiction book, The Gulag Archipelago, Nobel Prize-winning author Alexandr Solzhenitsyn illustrates real events in Soviet labor camps in literary form. The depiction of EVIL is shocking. The totalitarian Soviet regime subjected millions of people to a horrific fate. As is generally well-known, A. Solzhenitsyn spent eight years in a Soviet concentration camp. Mass terror was the es- sence of Soviet totalitarianism. A. Solzhenitsyn included a lecture on Soviet criminal law in his book, stressing the importance of Article 58 of the Criminal Code of the Russian Soviet Federative Socialist Republic of the Soviet Union in authorizing this terrorism. Solzhenitsyn himself was not a lawyer. However, his conclusions were very accurate. Article 58 of the Criminal Code, which consisted of seventeen paragraphs, defined “counter-revolutionary offenses.” They were obviously punished most severely. Article 58 became a weapon of terror for the Soviet authorities, who used it to convict millions of innocent people.
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