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Un proces de adulter din 1585 din Reghinul Săsesc
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Un proces de adulter din 1585 din Reghinul Săsesc

Author(s): Julia Derzsi / Language(s): Romanian Issue: 23/2015

After waking up the day after Ash Wednesday, in 1585, Martin Faber, a blacksmith master from Reghinul Săsesc (Sächsisch Regen) went to the town hall and denounced his wife and her lover on the count of adultery. The town’s law court found the accused guilty and decided the husband was in his right to demand their head, namely the death penalti. The law court in Reghinul Săsesc has retrialed the case and decided against the defendants. The latter appealed the verdict at the law court in Bistriţa.The present paper sets aut to offer a reading of this particular adultery case dating back to the late 16th century. The analysed source is a letter of appeal drawn up by the law court in Reghinul Săsesc, documenting the rare case of „private” criminal law suits started by the injured party and not ex officio. The letter of appeal (litterae transmissionales), containing a document drawn up during the law suit’s judicial remedy phase, already contains the grounds’ „file”. Based on this document, the law suit’s phases are to be retraced: the plaint, the legal exceptions, the defendands’ response, the witnesses’ testimonies, the judges’ rulling during the first law suit, the inquiry to open a new lawsuit, the princely mandate regarding a new lawsuit and the new lawsuit’s phases” the plaint and the defenses’ response, the law court’s ruling and the claim of appeal drawn up against this new ruling. Taking into account the laws and customs in force by the late 16th century in matter of criminal claims, we have set out to reconstruct the lawsuit’s key moments and, not by least, the causes and reasons, namely legal grounds that led to the actions undertaken by the people involved in this particular law suit.

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Sexual Crimes and Punishments in the Ottoman Empire and Examples from the Bursa Shari’a Court Records of 17th Century
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Sexual Crimes and Punishments in the Ottoman Empire and Examples from the Bursa Shari’a Court Records of 17th Century

Author(s): Ömer Düzbakar / Language(s): English Issue: 1-2/2014

Since the histories of the Ottoman Empire and medieval European states have been intertwined in many respects through interactive contacts and contested targets, the representation of sexual morality in one of them seems to be deeply influenced by the evaluation of the other. In the case of Ottoman Empire, sexuality embellishes the representations of the East in fictions of Orientalism and travel literature. However, such representations often turn into misrepresentations since Orientalists and travelers frequently attached greater value to exoticism, excitement, flamboyance and exaggeration than to truth or objectivity. Their misrepresentations have come as perfectly compatible with the political fear felt against Ottoman Empire and religious dislike exerted toward Islam in Europe. However, the truth concerning sexual morality in the Ottoman society was quite different from Orientalist reflections. As the documents in our sample show, Ottoman society adhered to rigid sexual norms and imposed heavy sanctions on those who strayed from these norms, if this be deemed a virtue. The major internal dynamics of Ottoman society, such as Islam, cultural traditions, legal and political aspirations, have shaped sexual behavior as well as public and private morality just as the internal dynamics of European countries shaped their own ways. It is more difficult to research sexual crimes in the past while the sexuality is evaluated as taboo even in contemporary societies. Although sexual crimes are committed to both sexes,the women are usually aggrieved. Therefore this research has focused on the women.

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Sądy wojenne w Ludowym Wojsku Polskim (1943–1945)

Sądy wojenne w Ludowym Wojsku Polskim (1943–1945)

Author(s): Leszek Kania / Language(s): Polish Issue: 1/2015

Since its inception the communist forces’ system of military justice had constituted a part of the system of subordinating entire front-line units to the communist rule, and the advancing Sovietisation of the Polish People’s Army. The Soviet communists had their own experience in the fields of enforcing obedience and wide-scale infiltration, including that of the armed forces. Red Army, SMERSH and NKVD officers detached to the PPA and the security apparatus involved, introduced Soviet-inspired police terror and disciplinary tactics in the army, temporarily making use of pre-war symbolism and cynically referring to the tradition of the Second Polish Republic. The judicial practice of courts-martial was aimed at preparing the Polish army and war-weary population to accept the communist ideology, and for clearing the military of those discontented with post-Yalta reality.

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Obywatelstwo państwa polskiego w świetle orzecznictwa Najwyższego Trybunału Administracyjnego 1922–1939

Obywatelstwo państwa polskiego w świetle orzecznictwa Najwyższego Trybunału Administracyjnego 1922–1939

Author(s): Dorota Malec / Language(s): Polish Issue: 2/2015

After Poland restored its independence in 1918, the subject of Polish citizenship was regulated by the provisions of international law, particularly those found in the Versailles Treaty of 24 June 1919, as well as by those formulated in the Treaty with Austria signed in St. Germain en Laye on 10. Sept. 1919, those laid down in the Treaty of Riga of 18 March 1921, and additionally, by the provisions of domestic law, namely the provisions of the Statute on Citizenship of the Polish State of 20 Jan. 1920. It was as early as during the work on the aforementioned Statute that there appeared problems that, in the years which followed, became detectable in decisions taken by the Supreme Administrative Tribunal. It was the latter that – within the scope of its competence – controlled the legality of decisions made on the occasion of adjudicating in matters concerned with the application of provisions on citizenship of the Polish state. In the judicial decisions of the Tribunal, which was established in 1922, there dominated those concerned with the certification of citizenship for which there applied the individuals who acquired the citizenship by virtue of law. The Tribunal also frequently decided in matters referring to making an option of citizenship, the option being allowed by the Versailles Treaty. The Tribunal cautiously appraised the proceedings designed to expel an individual from the territory of Poland. What the Tribunal considered to be a defect in the proceedings was inter alia too general a justification of decisions that referred to the refusal of granting citizenship to the person applying for it. Although the doctrine of the time regarded the act of granting citizenship as the decision that the competent organ made within its discretionary power, the Supreme Administrative Tribunal oversaw each case to ensure that the boundaries of the discretionary power were not exceeded. Likewise, in each case the Tribunal considered itself to be the organ that was competent to check the regularity of proceedings. In each case the Tribunal made a penetrating interpretation of provisions and would repeatedly return to the most difficult questions. Among the latter there were inter alia the interpretation of such notions as affiliation with the commune, domicile and the place of settling and military service as titles that justified the acquisition of citizenship. As a result of its control over the administrative practice, the Tribunal managed to reveal many infringements of provisions. This led to the quashing of decisions that were subject to complaints. In this respect the activities of the Tribunal deserve credit.

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Aaron Aleksander Olizarowski profesorem prawa Akademii Wileńskiej

Aaron Aleksander Olizarowski profesorem prawa Akademii Wileńskiej

Author(s): Piotr Niczyporuk / Language(s): Polish Issue: 2/2015

The professors of law at the Faculty of Law of the University of Vilnius were: Simon Dilger, John George Schauer and Aaron Alexander Olizarowski. On the other hand it raises doubts whether, in accordance with the act of foundation, only one chair of civil law (Roman) were established. Undoubtedly, canon law was taught at the two cathedrals. With high probability, Aaron Alexander Olizarowski also taught canon law. However, all indications are that he could take second chair in civil law (Roman) and lectures on this discipline. It is true that Aaron Alexander Olizarowski also promoted a few doctors of canon law, but in this period Vilnius Academy were other specialists who are likely to teach canon law. In addition, he was a layman, which could also be an obstacle to entrust lectures in canon law. In addition, CV, publications and complete education Olizarowski’s indicate that undoubtedly took a second chair in civil law (Roman) and lectured in this discipline. Having a doctorate both laws was adequate preparation to teach this course. Thus, Alexander Olizarowski, educated abroad, was the only lawyer and the right candidate for the role of professor of civil law (Roman) at the University of Vilnius.

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The Theory of the Distribution of Powers and its Practical Implementation, in Particular with Regard to the United States

Author(s): Csaba CSERVÁK / Language(s): English Issue: 2/2016

There are two major forms of the democratical excercise of powers: the direct and the indirect democracy. The entire system of the separation of powers can be can ce classified within the scope of the indirect excercise of democracy, although in a broad sense methods of the direct excercise of the democracy can make up such division of powers, which can be used as a bance against the machine of power structures, which relys too much on the binary code of the government -opposition, and distances itself too far from the people. Here I would like refer to the legal instrument of the referendums, within which, it is possible to talk about a significant direct excercise of democracy. The American theory, the ’checks and balances’ shall be equal to the concept mentioned above. Usually that concept named as a synonym of it, nevertheless according to some opinions that is considered to be different from it. The demand of mentioning the constitutional power as a separate factor can be arised after the question of creating the classic branches of power is transferred from theory to practice. Namely when not just scientific foundation but social legitimacy inevitably arise. Its importance is justified that the whole framework of the system of the exercise of power is specified by the constitution, which can’t be only the ultimatum of the ruler or a particular social group, layer, class in a constitutional democracy.

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Historical – Legal View of the Freedom of Religion in Republic of Albania

Author(s): Engjell Likmeta,Enton Dimmi / Language(s): English Issue: 2/2016

The legal mechanism that provided for the protection of freedom of conscience and religion were envisaged by the first contemporary Albanian state. The first law for religious statutes of Albanian state was the legal statute of religious communities. According to this law, the freedom of conscience and faith was guaranteed. In order to guarantee the freedom of religion, despite constitutional provisions and Criminal Code, other mechanisms are ratified by law by the Albanian parliament including also the Universal Declaration of Human Rights, The Declaration on the elimination of all forms of intolerance and discrimination based on religion or belief, and the Convention for the protection of children.This paper aims to give a general overview of all the legal mechanisms in Albania that guaranteed freedom of faith during different periods and all the current mechanisms that still do guarantee it and are in force, including a short description of the punishments provided by criminal law in cases of criminal offenses against the freedom of religion. This general overview is aiming to show the importance of freedom of religion and faith, its development, as it is considered as interdependent and associated with other human rights.

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КОНЦЕПЦИЯ СФЕРЫ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ В ТРАДИЦИОННОМ КИТАЙСКОМ ПРАВЕ

Author(s): Vyacheslav Rybakov / Language(s): Russian Issue: 3 (2)/2013

As early as in time of the Tang Dynasty (618–907), Chinese lawmakers recognized the need for toughening punitive sanctions against state officials who used their powers for personal gain. This article analyzes the concept of the scope of administrative liability, which played a pivotal role in the differentiation of criminal acts committed by officials either within or beyond their jurisdiction. Based on the concrete articles of the Criminal Code of the Tang Dynasty, the paper reconstructs the view of that tine on the difference between the status and the function of a public servant and, accordingly, on the criteria of applying ordinary or special penalties to criminal government employees.

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O cle w Polsce w latach 1918—1939

O cle w Polsce w latach 1918—1939

Author(s): Adam Drozdek / Language(s): Polish Issue: 9/2016

Customs duty constituted one of the public tributes regulating international trade after regaining independence by Poland in 1918. The independent character of the customs duty was emphasised not only by the character of the regulations in customs law, but also by the existence of a specialised branch of public administration devoted to its collection. Customs duty performed a fiscal function and constituted an instrument of protection against inundation of the Polish market by cheap commodities imported from abroad.

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Wojskowe postępowanie polowe i doraźne w II Rzeczypospolitej

Wojskowe postępowanie polowe i doraźne w II Rzeczypospolitej

Author(s): Tomasz Szczygieł / Language(s): Polish Issue: 9/2016

Field and summary proceedings of the military criminal procedure constitute the most characteristic modes of this particular suit. In these modes, unlike in any other proceedings, it becomes evident how crucial the command factor is for the military judiciary as well as how paramount general prevention is for severe and swift penalisation of criminal activity by the military court. These particular forms of proceedings in the military constitute also an opportunity to present the general rules and solutions for criminal proceedings which are incongruous with the military criminal procedure.The particular character of this kind of military criminal action is also manifested in the fact that it originated in the Polish Army around the time Poland regained independence, and the cases tried in military courts at the time testify to the condition of the resurgent country.

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Nadzór Departamentu Służby Sprawiedliwości MON i Zarządu Sądownictwa Wojskowego nad wojskowymi sądami rejonowymi (1946—1955)

Nadzór Departamentu Służby Sprawiedliwości MON i Zarządu Sądownictwa Wojskowego nad wojskowymi sądami rejonowymi (1946—1955)

Author(s): Marta Paszek / Language(s): Polish Issue: 9/2016

The scope of court administration’s influence on the courts as well as the judges remains an issue due to the necessity to, on the one hand, supervise the judiciary and, on the other hand, uphold the independence of courts and judges.In the period of activity of district military courts, the Justice Service Department of the Ministry of National Defence constituted the administrative body overseeing their functioning, and since 1950, its function was taken over by the Directorate of Military Courts.These institutions exceeded the scope of their administrative oversight, influencing the case law of military courts through, among others, exerting pressure on the judges and interfering with their independence, thus completely eradicating the independence of military courts by extension.

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«ДИАЛОГИ О ВЛАСТИ»: ВЗГЛЯДЫ КАРЛА ШМИТТА НА ГЕНЕЗИС ВЛАСТИ И ЕЁ РАЗВИТИЕ

Author(s): Georgiy Nikolaevich Zhikharev,Mauro Mazzucchi,Liliya Ahatovna Ganeeva,Viktor Nikolaevich Gavrilov / Language(s): Russian Issue: 6/2015

The paper is devoted to “Dialogues about Authority” written by Carl Schmitt, the outstanding German lawyer, politician, and thinker of the 20th century. This work is still increasingly relevant. Modern researchers in the sphere of law, philosophy, and political science often refer to the creative heritage of Carl Schmitt, considering him “today’s Macchiavelli”. We made an attempt to analyze and translate Carl Schmitt’s “Dialogues about Authority” from the Italian language, into which it was transferred by Pierangelo Schiera (Trento, Italy), a Carl Schmitt’s colleague and professor of law.

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«ВЛИЯНИЕ МОМЕНТА БЕЗВОЗМЕЗДНОСТИ В ГРАЖДАНСКОМ ПРАВЕ»: К 100-ЛЕТИЮ СО ДНЯ ЗАЩИТЫ ДОКТОРСКОЙ ДИССЕРТАЦИИ А.А. СИМОЛИНЫМ

Author(s): Kamil Maratovich Arslanov / Language(s): Russian Issue: 2/2016

The year 2016 marks 100 years since Aleksandr Aleksandrovich Simolin (1879–1920) defended his doctoral dissertation. A.A. Simolin is the famous professor of Kazan University, who addressed the basic problem of modern civil law, i.e., onerousness and gratuitousness of civil legal relations. The above-mentioned dissertation is still relevant, because several clauses taken from it were embodied and developed in the modern Russian legislation and law-enforcement policy. A.A. Simolin’s dissertation was consigned to oblivion just after its publication and defense on October 23, 1916, which happened due to the political causes and revolutionary developments of that time. The interest in A.A. Simolin and his works has revived only in the last decade. “Influence of the Moment of Gratuitousness in Civil Law” is the unique and brilliant work of the legendary Kazan professor and the last pre-revolutionary head of the Department of Civil Law and Court Proceedings of Kazan Imperial University. The juridical society in Kazan and the Department of Civil Law of Kazan Federal University should currently strive for popularization of the ideas of predecessors (civil legal researchers) in order to improve and develop the modern dogmatics and legal regulation.

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İLKEL TOPLUMLARDA YASA VE DÜZEN; İLKEL TOPLUM - BRONISLAW MALINOWSKI; KİTAP ÖZETİ

Author(s): Mehmet Emin Kiliç / Language(s): Turkish Issue: 14/2012

Primitive human is an exemplary citizen who completely respects the rules of his/her own community and who is ready to obey them at any time. In the same way, following all the rules and restrictions determined by the tribe are accepted as axiom. Primitive human greatly respects own customs and traditions, automatically submits to orders. Everything is based on the fear of supernatural ideas and punishments, in addition to deep loyalty to “group feeling”. However, has there ever been any person - whether civilized or primitive - who followed the undesired, boring rules and taboos without having difficulties? Nevertheless, this understanding is dominant in the studies about primitive order and primitive rules.

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Kościół katolicki wobec parlamentaryzmu II Rzeczypospolitej na przykładzie nauczania społecznego kardynała Stefana Adama Sapiehy

Kościół katolicki wobec parlamentaryzmu II Rzeczypospolitej na przykładzie nauczania społecznego kardynała Stefana Adama Sapiehy

Author(s): Mateusz Kępa / Language(s): Polish Issue: 2/2016

The purpose of this article is to describe the relationship between parliamentarism and the social teaching of the Catholic Church, with a special emphasis on pastoral, social and political activities of cardinal Adam Stefan Sapieha. The system of parliamentary government is a system of government in which the legislative authority in the form of parliament passes laws and controls the executive authority, which is wielded by the president together with the government. An important aspect of this system of government is the interpenetration of these two authorities and their mutual complementing, which is evident even in the possibility of bringing forward bills by the executive. The view of the parliamentary system held by cardinal Adam Stefan Sapieha was based on the social attitude which was represented by the Christian Democrats. The political system accepted by the Christian Democrats was democracy, which very clearly demonstrates all positive forms of local government’s actions and the principle of subsidiarity. The basis of this assumption is that it is on the lowest levels of society where the common good based on social solidarity can be realized. The Archbishop of Krakow perceived the political, social and economic issues through the prism of the Catholic Church. He believed that the task of the state is to protect society against the moral decay of anti-Christian totalitarian systems. According to Sapieha, the state should act as a servant in relation to the nation. The Metropolitan claimed also that the vision of the relationship between social ranks, contrary to the socialist vision, was not burdened with a conflict. Sapieha saw the danger of drastic social inequality, but definitely spoke out against socialist and communist solutions. The cardinal emphasized the accent which should be laid on the development of all forms of civic government. So the ideal state is a decentralized state, in which citizens, due to rights and activities taken up by themselves, have an influence over the governments. According to Sapieha, a democratic state of law should respect political pluralism based on the principle of subsidiarity and justice, as well as sovereignty, and above all – the principle of parliamentary majority.

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THE STATE-LEGAL PERSONALITY OF THE REPUBLIC OF SERBIAN KRAJINA

THE STATE-LEGAL PERSONALITY OF THE REPUBLIC OF SERBIAN KRAJINA

Author(s): Miljenko Brekalo,Stjepan Adanić / Language(s): English Issue: 1/2022

From its foundation until its end, the Republic of Serbian Krajina (the RSK) had been a parastate, remaining the parastate, having failed to meet any criteria of a normally functioning state, as prescribed by Montevideo Convention on the Rights and Duties of States, known as Montevideo Convention. Therefore, the RSK has never become the subject of international law, unlike the Republic of Srpska, upon signing The General Framework for Peace in Bosnia and Herzegovina or the Dayton Peace Agreement. The Republic of Serbian Krajina was a federative parastate, defined by the territorial discontinuity and it consisted of three federative units: the Serbian Region of Slavonia, Baranja and Western Sirmium Region, the Serbian Region of Western Slavonia and the Serbian Autonomous Region of Krajina. In the formal and legal sense, the Republic of Serbian Krajina was established after it got proclaimed on 19th December 1991. However, it fell apart, de facto, on 5th August 1995, due to the fact that its capital city of Knin, was liberated by the joined police and Croatian military forces, compelling the RSK representatives to sign the capitulation, de iure, on 8th August 1995.

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Lietuvos Didžiosios Kunigaikštystės teisės istorijos kolona

Lietuvos Didžiosios Kunigaikštystės teisės istorijos kolona

Author(s): Eugenijus Saviščevas / Language(s): Lithuanian Issue: 54/2024

Review of: Irena Valikonytė, Rex Iustissimus: Valdovo teismas Lietuvos Didžiojoje Kunigaikštystėje XV a. pabaigoje – XVI a., Vilnius: Vilniaus universiteto leidykla, 2023.

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Pożyczanie na odsetki w Starym Testamencie. Spojrzenie na biblijne teksty prawne w kontekście ustawodawstwa starożytnego Izraela

Pożyczanie na odsetki w Starym Testamencie. Spojrzenie na biblijne teksty prawne w kontekście ustawodawstwa starożytnego Izraela

Author(s): Sebastian Smolarz / Language(s): Polish Issue: 1/2020

The article discusses Deut 23,20–21 in the context of the nature of ancient Israel’s legislation and wider biblical and cultural contexts. It points that linguistic studies concerning the etymology and meaning of crucial Hebrew terms in the passage remain inconclusive. In turn, it proposes that the proper research on the issue of business and commercial loans among the Israelites should take into consideration a wider biblical (non-legislative) and cultural context of later monarchy. It also indicates that laws concerning loans expressed in the Torah were incomplete and that probably there was a fuller oral legal tradition behind the written laws. The article shows that there is an alternative way of reading the noun nokrî, as referring to economical status of an Israelite rather than to the ethnical distinctions between the Israeli and foreign peoples. Finally, it is proposed that two texts, one from OT sapiential literature (Proverbs 22:7), and the other from a narrative describing post-exilic situation (Nehemiah 5:1–5), suport the thesis that Israelites customarily expected interest on all kinds of loans given to their fellow inhabitants, although their God commanded them not to charge interest from the needy poor people. It is concluded that Deut 23,20–21 stands in line with the earlier texts of Ex 22:24 and Lev 25:35–37 and that the Israelite might have lent at interest to his compatriots as business and commercial loans.

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Talleyrand i Metternich. Od równowagi sił do bezpieczeństwa zbiorowego – kilka spostrzeżeń, jak dyplomaci tworzyli historię

Talleyrand i Metternich. Od równowagi sił do bezpieczeństwa zbiorowego – kilka spostrzeżeń, jak dyplomaci tworzyli historię

Author(s): Katarzyna Myszona-Kostrzewa / Language(s): Polish Issue: 52 (1)/2025

The Congress of Vienna is considered one of the most important events in the 19th century, which significantly influenced the shaping of international relations not only in the 19th century, but also in the following centuries. Diplomats played a decisive role in the ongoing deliberations, especially: the French aristocrat Charles-Maurice de Talleyrand-Périgord and the Austrian prince Klemens von Metternich. The former, thanks to his diplomatic talents, caused France to emerge victorious from the Congress of Vienna, although after the lost Napoleonic Wars it was treated as an aggressive, destabilizing force. The latter introduced an order in Europe based on the balance of power, from which a system of collective security evolved in the following century. While it seems that Talleyrand was the undisputed master of ad hoc diplomacy, Metternich undoubtedly “made history”. The main goal of this article is to demonstrate that the history of modern diplomacy leaves no doubt that the creation of a system of collective security, both in the past and today, remains a utopia. The basic research method is the historical and legal method, thanks to which it is possible to indicate the dynamics of political changes and their impact on the law.

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CALL THE ATTENTION OF THE PUBLIC TO AN EVIL: THE CASE OF THE BATTERED WIFE. THE DOCTRINE OF THE JUDICIAL PRECEDENT IN ENGLISH COURTS

CALL THE ATTENTION OF THE PUBLIC TO AN EVIL: THE CASE OF THE BATTERED WIFE. THE DOCTRINE OF THE JUDICIAL PRECEDENT IN ENGLISH COURTS

Author(s): Adriana Dana Listeş Pop / Language(s): English Issue: 40/2025

The precedential authority, be it vertical or horizontal, must be respected as a norm to guarantee stability, fairness, and predictability of the law and the way it is perceived by the general public. Rupert Cross explains the precedent in terms of binding: “a court is bound to follow any case decided by a court above it and appellate courts (other than the House of Lords) are bound by their previous decisions” . This very definition and its consequential approach was cited in the case of 2 Willers v Gubay, the precedent being acknowledged as “fundamental” to maintaining “coherence, clarity and predictability”3 meant to avoid anarchy. Duxbury describes the procedure of following the precedent as establishing “an analogy between one instance and another”4 because decision-making seems to be a kind of analogical reasoning. At the same time, the act of following the precedent is perceived as a retrospective-looking gesture which can develop a “consequential”, rather “historical dimension”.

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