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The resolution of similar cases according to the same or similar general rules is very important in terms of stability in legal understanding and practice. In this respect, universal rules (basic rules) contribute to the development of legal logic. As of the history of Islamic law, practices and legal works that are the product of this logic have been encountered since the early periods. An important part of these rules are either taken directly from the Ḳur'ān and Ḥadīt̲h̲ or they have emerged as the common meaning of the texts. However, these basic rules were subject to a legalization for the first time and comprehensively through Med̲j̲elle-yi Aḥkām-i̊ ʿAdliyye. These were arranged within the framework of the first hundred articles of the Med̲j̲elle, which can be accepted as the most important national code of the Ottomans. Among these, one of the important components of the compensation law in Article 91;"legal permissibility (cevāz-ı şerʿî) does not create liability." is included. After emphasizing the importance of remedying the damage and the consequences of the tortious act in different articles, it concisely regulates the relationship between the legal permissibility and the compensate of the damage, which is among the reasons for legality. Instead of being directly applied in courts, universal rules have a guiding and opinion-forming effect for judges, practitioners and lawyers.
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This research focuses on plunder from variuos co-operative or state institutions (mostly those which had belonged to the Ministry of Internal Trading or the Unity of Co-operatives of Lithuanian SSR) in the first post-war years (1945–1947) in the Lithuanian SSR. The primary source for this article is comprised by 54 criminal cases from the archive of the Supreme Court of the Lithuanian SSR. Cases used in this study were chosen based on one important criteria: that there were not only acts of plunder but also the realization of stolen goods. This would most likely be achieved by selling the goods through various marketplaces (looking from the Soviet point of view, the plundered items belonged to the black market anyway – even if the market activities were not forbidden). Also, the practices of punishment applied in the cases of plunderers and speculators are analyzed. The research shows that even in the very first years of the post-war period, illegal economic processes were widespread in Soviet Lithuania. Plunderers were hitting the Soviet economy hard – despite the harsh practice of punishment, the Soviet government would lose tens of millions of rubles in the Lithuanian SSR each year.
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The aim of the study is to present the assumptions and effects of the administrative judiciary reform in Austria in 2012 (Verwaltungsgerichtsbarkeits-Novelle 2012). This reform is referred to in Austria as the “reform of the century” because it was the result of the largest and most far-reaching change to the Austrian constitution since its entry into force in 1920. This reform was long debated, but due to the reluctance of Austrian politicians to reform in this area, it was in fact neither expected nor hoped for. The notion of “reform of the century” also reflects the amazement at the happy “window of opportunity” in Austrian politics, which allowed the implementation of this long-awaited reform. This formulation should not, however, obscure the fact that the reform of administrative judiciary in Austria was not a particular innovation in an international context: rather, it consisted in largely late adaptation to international standards, valid in other European countries many years earlier. Nevertheless, the reorganization of the legal protection system also includes changes which in fact constitute “new ground” in Austria. In the following parts of the study, after reviewing the historical development and the foundations and framework of the “new” administrative judiciary in organizational and procedural terms, the characteristics of the current system of legal protection in Austria are presented in more detail.
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From the abundance of information the statesman, military commander and writer, Josephus Flavius provides on the Roman conquest of Judea in the first century A.D., we single out and examine in this paper what he recorded about slaves. The aim was to check and study what is generally known about slavery in the age of Antiquity, with the details given by Flavius. The first part of this work deals with the slaves owned by Jews, regardless of their ethnic origin and how they came to be slaves. Like everywhere else in the ancient world, the slaves who lived in the palaces of rulers and noblemen (familia urbana) enjoyed a better position. Educated slaves, who had the confidence of their masters, were entrusted with various assignments and missions, even with organising conspiracies. The slave-women in palaces worked at the weaving loom or produced other handiwork, and were also selected as concubines. Their price was sometimes high. Details as to how slaves were obtained are very scarce. The soldiers taken prisoner in battle did not always become slaves, but captured Romans were immediately put to death, if they did not commit suicide. It was the rule that a Jew could never be the slave of another Jew. In the Roman empire, the word slave was also used for people who had the status of peregrini. In this way, Eleazar, the defender of the Fortress of Massada, called on the people and the army, to commit suicide collectively before the Romans overran the fortress, and in his speech described their earlier status as peregrini, as “harmless slavery”. On the other hand, examples are mentioned in which slaves and freemen demonstrated great devotion and love for their masters. However, a master also had the right to inflict severe punishment on his slaves, which Flavius considered to be his natural right. According to “patriarchal laws” a military commander was forbidden to surrender to the enemy, among other things, so as not to become a Roman slave. The second part of the paper deals with Roman slaves who originated from Judea. There is less data about this with even fewer specific details. A more thorough description exists about the fate of the population of Jerusalem after Vespasian captured the city. Otherwise, Flavius also mentions, but also of the terrible fate of the Jews, after Jerusalem was finally taken. Lastly, law historians, for instance, may find an interesting example in the manner in which Vespasian liberated Josephus Flavius from slavery, after the latter had spent two years in captivity, chained in a prison. His chains were severed with an axe, which symbolised that he had been granted the status of a freeman. Little is known about freemen, but such data speaks of the great confidence their patron showed to them. The best known freeman, of course, was Josephus Flavius himself, who become a peaceful Roman citizen, dedicated to writing the history of the Jewish people.
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The subject of this article is a brief summary of the contents and the character of Roman ius liberorum; the right that was obtained through chil¬dren; that is; the right that encompassed many privileges for those who had legal (marriage) children. It was defined through two laws of Octavian Au¬gust; often referred to as lex lulia et Papia in the sources; and as Caducar Laws in the literature. The law had the purpose of rising the natality in the high circles of Roman society (all that in the marriages that were made ac¬cording to the law); in order to provide decent progenies who would conti¬nue successful life of the Empire. In general; the marriage and the offspring were expected from the citizens of Rome; which brought them several privi¬leges. Regarding that; the law defines four categories of people: caelibes (not married); orbi (married but without children); patres (married people with legal children) and patres solitarii (parents whose marriage exists no more). Ius liberorum was the privilege of patres only. Ius liberorum is often mentioned as ius trium liberorum (the right through three children); but the statement that men only needed one child while women needed three (to achieve ius liberorum) is not true. The right consists of numerous advantages; obtained thanks to legal (marriage) child¬ren. The main advantages are the following: ability of inheritance by testament (capacitas) among the spouses; as well as with the persons outside the circle of relatives; the advantage of patres in the ellections; liberation from tutorship for women; the right for patres (and matres) of inheritance of caduca (the goods that couldn't be inherited by the ones not obedient to the law; after which the law was named Caducar); later on; through CS Tertu lianum; the right of the woman to inherit her children; andfinally; advanta¬ges in inheritance of the properties of the liberated. Presented observations; although quite breef and general; indicate the great importance of this institute. Its importance lies not only in the sheer knowledge of the history of law; but even more in noticing of an attempt of stimulation the sollution of some very complex and important social problems (such as the problem of desired natality in the high ranks of Roman society) through the law.
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2020 marks the 100th anniversary of the 19th Amendment to the U.S. Constitution, which was passed by the country’s highest legislative body on June 4, 1919, and ratified on August 18, 1920. It gave American women the right to vote at the federal level, by law guaranteeing them this right. American society and state have had a long way to reach this milestone: behind a difficult struggle that required decades of agitation and protest. The credit for the victory undoubtedly belongs primarily to American women, several generations of whom, beginning in the 1800s, have nominated women supporters of the right to vote from among their ranks. In 1848 “The Movement for Women’s Rights” began to organize itself at the national level. Currently American women are facing a global pandemic, the loss of millions of jobs, destruction a decade of growth in women’s employment in the workforce. The developed women’s movement in the United States, which has historical roots and has accumulated and absorbed the best traditions of its predecessor, influences the formation of social reality and its changes in the context of gender equality in the country.
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In the Nineteenth All-Union Conference of the Communist Party of the Soviet Union of 1988emerges the concept of “socialist state under the rule of law“. What is that hybrid construct, whichclaims to be a successor of the “socialist legality“ in the USSR? Is it rule of law or is it a newideological hybrid born out of the same type of social engineering? The starting point of this researchis the historical and theoretical paradigm of “socialist legality“. The analysis shifts from theSoviet to Bulgarian context because the events, the concepts and the theory in Bulgaria during theperiod of totalitarian state and law literally copy and follow what has happened in the USSR. Asany other class concept “socialist legality“develops and functions in controversy to the “bourgeoislegality“that turns out to be the very concept of rule of law under a new name as given bythe socialist state and law textbooks. That’s why of particular interest are the political and scientificprocedure employed to restate the ideas of the rule of law during the “perestroika“so that they can be filled in with new “socialist“content.
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In this paper, the author describes various stages of the evolution of the registration system of legal entity establishment in Russia. It has been noted that the rule making was unsystematic in the beginning, which influenced its subsequent development, thereby resulting in a variety of acts regulating the activities of registration entities and registration authorities. The beginning of the formation of the system under consideration refers to the period of radical economic changes in the late 1980s, the transitional stage in its formation ended in 1994 along with the adoption of the first part of the Civil Code of the Russian Federation. Particular attention has been paid to the period when the registration system configuration was defined in line with the liberal approach, which implies minimal restrictions on the establishment of a legal entity, the formal nature of the grounds for refusal, and the absence of a preliminary verification of the legality / reliability of the information included in the registry. This approach was heavily criticized and, finally, reversed: under the slogans of combating false information entered into the register by unscrupulous market participants, as well as counteracting the so-called sham companies, the preliminary control over the creation of legal entities sharply increased, up to the assessment of the advisability of establishing a new subject of law – a legal entity. Among the current trends in the development of the registration system, an excessive appeal to various letters, explanations to regulate the relations, and active use of information resources have been highlighted.
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This article focuses on the Caesar's law against the extortion (Lex Iulia de repetundis) and his importance. The present investigation tries to give a general view of the social and economic conditions which have influenced the creation of this law with his legal characteristics.
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<p><em>„Juridical world“</em> is the only juridical almanac in Bulgaria. Leading Bulgarian and foreign scientists have written on the edition’s pages since 1999. The journal is released twice a year and publishes research papers, articles and other academic materials on topics such as: legal science, legislation, jurisprudence, international law, juridical education. Except from Bulgarian authors, prominent representatives of the international legal thought are also included: Werner Krawietz (Germany) – famous philosopher and sociologist of law, Marat Baglay – chairman of the Constitutional Court of the Russian Federation, Francis Delpérée – well known European constitutionalist from Belgium, etc. Regular bibliography of the Bulgarian legal literature is published in the journal (of a particular year).</p>
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<p><strong>Law Journal of New Bulgarian University </strong>(<strong>NBU</strong>)<strong> </strong>is the official forum for<strong> </strong>the lecturers, PhD students and alumni from the Depatment of Law, NBU. It is published since 2005, and is the first electronic legal journal in Bulgaria.</p> <p>It encourages local lecturers, PhD students and Masters to share their research outcome with the professional community. Special emphasis is placed on contemporary developments, but the journal's range includes jurisprudence, legal history and case studies.</p> <p>The <strong>Law Journal of NBU</strong> is tracking interesting and current events (conferences, discussions and seminars) with the participation of students from the Law Master Program and their supervisors, which reuslt in publishing the best of their findings.</p> <p>An important section of the journal is the one with literature reviews, in which members of the NBU Department of Law analyse recent titles of their colleagues.</p>
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