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The review of: Jill Lepore, “On Evidence: Proving Frye as a Matter of Law, Science, and History”, The Yale Law Journal 2015, 124, 1092–1158; and Jill Lepore, “The Secret History of Wonder Woman”, Knopf, Borzoi NY 2014.
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In the late 16th and early 17th century, an attempt was made to codify the land law of the crown. One of the amendment drafts was made by Jan Januszowski. However, his Statuta prawa i constitucie was rejected by the Sejm in 1601. The reasons for its failure included political circumstances. Januszowski’s attempts at removing some faults of the project were however futile, as the amended version of the Statuses drafted around 1610 was not even discussed by the Parliament.
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The document discusses the transformation of state ownership in the Czech Republic, focusing on the shift from state socialism to a more diversified ownership structure. It highlights the legal and societal changes that occurred during the late 1980s and 1990s, emphasizing the complexities and challenges of this transition. The text examines the adaptation of legal frameworks to accommodate new forms of ownership and the impact of these changes on property rights and economic development. It also addresses the ideological shifts that influenced the perception and implementation of state ownership, noting the gradual move towards privatization and the integration of private property into the legal system. The document underscores the importance of understanding historical context and legal continuity in evaluating the transformation process.
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The document discusses the interpretation of operating rights within the context of Czech copyright law. It explores the legal framework surrounding the public performance of works, particularly focusing on theatrical and musical works. The text delves into the contractual obligations between authors and operators, emphasizing the necessity for written agreements and the responsibilities of operators to pay royalties. It also touches on the historical evolution of these laws and the differentiation between public and private performances. Additionally, the document references various legal precedents and scholarly works to support its analysis. The aim is to provide a comprehensive understanding of the legal intricacies involved in the public performance of copyrighted works in the Czech Republic.
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The document provides an interpretation of Czech publishing law, primarily based on Act No. 35/1965 Coll., concerning literary, scientific, and artistic works. It outlines the contractual relationship between an author and a publisher, where the author grants permission to publish a work, and the publisher commits to publishing and distributing it while paying the author a fee. The text emphasizes the exclusivity of the publishing contract, detailing conditions under which an author can seek another publisher. It also discusses the various forms of works that can be published, including literary, musical, dramatic, artistic, and photographic works. The document references numerous related laws and regulations, highlighting the legal framework governing publishing agreements. Additionally, it touches on the responsibilities and rights of both authors and publishers, including the handling of reprints and translations. The text also mentions historical and international perspectives on publishing contracts, providing a comprehensive overview of the subject.
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The article explores the complex issue of parliamentary immunity within constitutional law. It examines two extreme positions: one advocating for the complete abolition of immunity to ensure accountability, and the other supporting broad immunity as an essential constitutional institution. The article does not take a definitive stance but aims to answer key questions about the necessity and appropriateness of immunity in the Czech Republic. It discusses the historical context, different legal interpretations, and the practical implications of immunity. The focus is on parliamentary immunity, excluding presidential or judicial immunity. The article highlights the differences between British and French approaches to immunity and their influence on European constitutional frameworks. It also addresses the potential misuse of immunity for political purposes and the challenges in balancing immunity with legal accountability. The conclusion suggests that while immunity is crucial for parliamentary function, its scope and application need careful consideration to prevent abuse.
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Towards the end of the Republic, the Roman state experienced an unprecedenteddevelopment. The Roman business environment needed flexible legal documents, able to keepup with the fast pace imposed by commercial documents. The legal acts of the old RomanLaw did not correspond to the requirements of the exchange economy, as they werecumbersome and formal. The Romans were conservative and did not easily accept deviationfrom the rigors of the old Roman Private Law. For this reason, they created a new proceduralsystem, the formal procedure, with the help of which they managed to update the norms ofRoman Law. One of the most interesting legal procedures specific to this system was theaction with the formula with transposition, because in this way the lawyers contributed to thedevelopment of Roman business law.
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Labor market is a complex and organized system having a special characteristic – proximity, meaning that labor market services are organized as close to the human capital as possible. At the same time, labor market is developing and functioning in a complete lack of harmony with the educational system, identifying disadvantageous moments regarding training, development and keeping the human capital connected with the national economy.Discrimination in Romania, for a long time, has not been a topic open for debate or research field worthy to take into consideration. During the post-revolutionary period some steps were taken but ample research started only after joining the EU.
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The piracy against ships is one of the problems in the shipping sector worldwide. Due to the fact the survival resources became problematic for the human kind on the daily basis, more threats that were looming have emerged. One of them is the safety of ships on the navigation routes on world’s seas and ships. On the commercial routes there are zones of armed conflicts between old combatants, and zones where the safety of ships is endangered by different groups of mercenaries who, having no considerations for anything attack and take hold of merchant ships crossing their territory.
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The transfer of many thousands of Polish people from the territory of the Soviet Union in the years 1955–1959 was called the “second repatriation”. The agreement concluded in March 1957 between the governments of the Polish People’s Republic and the USSR was the completion of the resettlement action carried out in the years 1944–1948. The scale of transport from the USSR and the settlement on Polish lands in the years 1955–1959 of approximately 250.000 people as part of the repatriation, resettlement and settlement campaign forced the state administration to create specialized bodies and launch many directional algorithms to implement this complex process. With the appearance of the first wave of “newcomers” on the eastern border, the struggles of the state administration were preceded by appropriate juristic actions. The functioning of central and local authorities, based on issued legal and executive provisions regarding the areas of repatriation and settlement, presented in the study, was to ensure its effectiveness, and the positive opinions of “repatriates” were to be proof of the correctness of the actions of political factors. The aim of the article is to demonstrate the importance of the issued legal and executive regulations in the complex process of repatriation of the Polish population to their homeland. The literature listed in the study includes cited items and publications important for the study, including archival documents and memoir materials. The issues presented in the study cover the legal status as of November 30, 1962. The author shares the view of most experts on the issue that “repatriation” should provide legal conditions that will ensure proper state care for the returnees, without political conditions.
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The historicity of the Constitution of the Fifth French Republic has a special dimension. In the preamble and in the articles of the first Chapter, reference is made to the heritage of the French Revolution and identification with its principles is emphasised. We are therefore dealing with a case of the Constitution that explicitly refers not to the entire historical heritage of France but to an exceptional moment in its history. This reference has a very real meaning because the legacy of the French Revolution affects the constitutional reality of today’s France. This applies in particular to the specially conceive d idea of the sovereignty of the nation, the principles of indivisibility and the secularity of the Republic. At the same time, under the Constitution of the Fifth Republic, there has been an interpretation of the legacy of the Revolution in terms that are critical of the Jacobin tradition, which allowed for a broad consensus on it. On the other hand, it can be argued that the Constitution is not fully representative in the dimension of history, as the legacy of pre-revolutionary France occupies a vital place in public education and in the politics of memory.
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The history of European federalism, including associations of union in which the Polish-Lithuanian Commonwealth participated, has recently become particularly topical. Quite a lot was written about it, in particular the Polish-Lithuanian Union linking the two states over several centuries. Whereas relatively little is known about the history of attempts made in the early modern era to create a power in Central and Eastern Europe based on a union of states that were particularly important in the region at the time. This idea of a union was to unite three states: Poland, Lithuania and Russia, hence the name Triple Union (Pol. unia troista), was first outlined in 1572. It was then renewed at three successive elections until 1587. It was also current during the reign of Sigismund III Vasa, until 1613, when Mikhail Romanov ascended the Moscow throne, starting a new dynasty. With the election of Romanov as Tsar, the project of the Triple Union was abandoned, although Vladislav IV still laid claim to the Moscow throne for a dozen or so years (until 1634), but these claims no longer had any great practical significance and were finally abandoned. Plans for a union advanced by the Polish side often referred to the solutions applied in the earlier acts of union between the Kingdom of Poland and the Grand Duchy of Lithuania. This testifies to a strongly developed federalist practice which was characteristic of the Commonwealth, and was at the same time implemented in its own peculiar way. Undoubtedly, the greatest impact on the negotiations was exerted by the Union of Lublin which at that time was still quite recent. Its provisions, and at the same time the positive effects that is provided for both nations, likely shaped the consciousness of the nobility during the preparation of subsequent diplomatic missions to Moscow. The idea of a Triple Union was undoubtedly one of the boldest political projects of the era. Although it is true, that the concept of the Triple Union remained only in the sphere of projects, it was nevertheless of great importance in the 16th and 17th centuries. However, no dedicated study has yet appeared that would comprehensively present its development, content and significance. This article is an attempt to even partially fill this gap in Polish historiography
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The subject of the article are legal regulations concerning giving and changing names and surnames, analysed in the context of their role in the formation of society in countries with non democratic systems, including the creation of a model member of such a society. Administrative law and administration will be shown as a tool serving the current interests of the ruling power. The importance of the name and surname in shaping a person’s personality and strengthening his relationship with a specific group will be explained, and the consequences of changes in this area will be indicated. The article will also highlight and discuss two types of provisions of legal acts regulating the granting and changing of a name and surname. The former make it possible to separate the model members of the new society from its enemies and make it easier to identify and eliminate undesirable people (laws in force in the Third Reich). The second enables the creation of a homogeneous society through the forced assimilation of selected individuals (laws in force in People’s Poland aimed at de-Germanisation). The article uses the legal-dogmatic method, consisting in the analysis and interpretation of the texts of legal acts, and the historical and legal method, taking into account the changes of the analysed legal institution over the years. The work also takes into account the practice of applying the law in the researched area.
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An interesting issue related to the ownership right is whether it can fulfill the function of securing the realization of receivables. The point is to determine whether the ownership right may constitute a law securing compulsory payment of a debt, similarly to pledge rights (pledge, mortgage). This issue was the subject of practice already under the rule of property law of 1946 and the Civil Code of 1964 that is, throughout the period of the socialist economy.1 Regulation of property rights in the Constitution of the People’s Republic of Poland of 1952 and the Civil Code of 1964 was diversified due to the introduction of types of ownership (state, cooperative, individual and personal). Hence the important question whether property rights could be used as a security right at all times, or only with respect to individual or personal property? The property was used to secure credit and loans. Owing to the resolution of the Supreme Court of May 10, 1948, in the absence of an effective lien, the property became a legal means to secure the loan, similar to the German Sicherungsuebereignung. Such a function was fulfilled by the property right in the security transfer of property, both under the decree on property law of 1946 and under the Civil Code of 1964. Despite this, there was still a discussion about the admissibility of using the seizure of property taken over from German law, especially with regard to real estate. The prevailing view was that the collateral transfer could not be applied to state and cooperative property. The banks that granted loans at that time were state-owned or cooperative entities. The loan was granted by a state-owned bank to a state legal person,2 which was related to the theory of uniform state ownership, nationwide ownership, or state ownership
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This article deals with the participation of the prosecutor in the civil trial during the Stalinist period. The article analyzes the various forms of participation of the prosecutor with special attention to his procedural position. The article also addresses the rationale for the prosecutor’s participation and the consequences associated with it. As a result of the changes introduced in 1950, the institution of the prosecutor gained new powers, which were introduced into the Code of Civil Procedure. The study also refers to the influence of Soviet law on Polish law and the expansion of the scope of the prosecutor’s activity at the level of litigation.
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Since the first period of society, order, origin, and law have been constantly discussed in different contexts. That is because all societies have established their social order by adhering to the explanation models they have developed regarding their origins. In addition, societies base their laws on their social order, which are the basis of all religious beliefs, culture, traditions, and customs. This study investigates the thought of ancient Egypt, ancient Greece, and Judaism in the context of social origin, law, and order. The reason for drawing the research boundary with these worlds of thought is that while ancient Egyptian and ancient Greek thought presented mythological narratives, Judaism presented a structure with a belief in monotheism. In the study, in ancient Egyptian and ancient Greek thought systems, the origin is explained with mythological narrative, the law is explained with the concepts of ma’at and themis, and order is explained with these concepts forming the basic principle of management. In addition, it has been argued that the mythological narrative and its related concepts have been replaced by the holy book, covenant, and prophet in Judaic thought.
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