PRAWO KARNE III RZESZY INSTRUMENTEM POLITYKI PAŃSTWA TOTALITARNEGO

Author(s): Łukasz Bolesta / Language(s): Polish Issue: 23/2013

The topic of my dissertation is “Criminal Law in The Third Reich as an implement of politics of a totalitarian country”. Dissertation is mainly focused on changes in the German Penal Law after seizure of power by Adolf Hitler. These changes were aimed at opponents of the Third Reich, nation, and commander and annulled almost all rules of penal and procedural law. These laws used to form legacy of the liberal Rule of law. Nevertheless every effort was made to keep up appearances of legalism. There was a noticeable influence of School of Anthropology on law in this time – a concept of dangerous perpetrator. According to this concept – perpetrator should be found and rendered. Nullum crimen sine lege rule was replaced by nullum crimen sine poena rule. Increasing range of the Penal Law was clearly visible, as well as instrumental treatment of this law by changes of criminal liability. German legal system was composed of traditional legal personnel and tradition of legal culture. In the fascist law these elements were connected to the reforms, legislative changes, realisation of social policy beyond the court with the use of administrative way and police terror (Gestapo, SS).

Charakterystyka aktów ustrojowych autonomii nordyckich

Author(s): Stanisław Sagan,Viktoriya Serzhanova,Dominika Wapińska / Language(s): Polish Issue: 2/2014

The paper aims at characterizing the acts determining government and politics of the three Nordic autonomies: functioning within Finland archipelago of the Aland Islands, as well as connected with Denmark Faroe Islands and Greenland. They are an essential part of the achievements in the area of government and politics of the states belonging to the Nordic culture and may become basis of their future constitutions. The Nordic autonomies, which are developing in a peaceful way to achieve complete independence, are known to have been aspiring to receive their autonomous status in history because of different reasons. Presently they also remain at different points of their ways to gain independence. At the beginning the Authors present the concept and terminology used to describe the phenomenon and status of the autonomies in the Nordic world. Later on, they analyze the acts determining the government and politics, as well as the status of the Aland Islands, the Faroe Islands and Greenland. The main among them are: Act on the Aland Self-Government of 16 August 1991, the Home Rule Act of the Faroe Islands of 23 March 1948, as well the Act on Greenland Self- Government of 12 June 2009. The study also presents the analysis of the system of autonomous authorities, focuses on the division of competences between them and the central ones, as well as the territorial structures of the self- governing regions.

Recenzje

Author(s): Bogusław Przywora,Andrzej Pogłódek,Jarosław Kostrubiec / Language(s): Polish Issue: 3/2014

Hierarchia aktów prawnych wprowadzonych przez okupanta niemieckiego w Generalnym Gubernatorstwie w latach 1939–1945

Author(s): Andrzej Wrzyszcz / Language(s): Polish Issue: 2/2014

Under the decree of 12 October 1939 by the Reich Chancellor the competences to constitute legal provisions for the General Government were vested in the Ministry for the Reich Defense, the plenipotentiary for the Four- Year Plan and the Governor- General. In practice other central government bodies not provided for in the 12 October decree also issued normative acts – mainly Führer and Chancellor themselves. No formal hierarchy of legal acts was ever introduced within the General Government. On the basis of the content layout of the official journals of law one can attempt to list normative acts issued by the General Government bodies with regard to their importance. The General Governor Hans Frank’s ordinances could be acknowledged as the framework of the legislation. Apart from that he also issued proclamations and decrees. Proclamations were of a political and propagandist character, decrees concerned in most cases political system issues while ordinances were to constitute surrogate for acts. Implementing regulations, implementing provisions, notices, police ordinances, tariff ordinances, ordinances, notices, proclamations by a higher commander of Hitler’s SS and police could be placed lower in the hierarchy. It should be firmly stressed that a lot of the provisions issued by the German occupation authorities in the General Government may be regarded as “shameful law – statutory lawlessness”.

Proces upaństwowienia notariatu w Polsce w pierwszych latach po II wojnie światowej

Author(s): Tomasz Woś / Language(s): Polish Issue: 2/2013

The article presents the process of the nationalizing of the notarial services in the first years after the Second World War in Poland. In this period the civil law, the criminal law, organization of justice and every legal institution has been changed because of social and economic conversions. After warfare, structure and system rules of the public notaries was still regulated by the notary law act of 27th October 1933 year on the Notary Law. In the first sequence the notaries have concentrated on restitution functioning of the notarial offices and the notarial houses and also they have made efforts to recover the public notaries. The important changes have stepped in functioning of the public notaries in 1946. Then three decrees were enacted completely, which have changed the notary law, but the act of 1933 on the Notary Law has not been amended. On 17th of July, 1946 the Minister of Justice issued regulation – the Temporary Instruction regarding reorganization of the notaries to determine the practice of using those three decrees. The notaries estimated negatively the Temporary Instruction. They underlined that provision of the Temporary Instruction underlines functioning of the public notaries. Under the influence of the public notaries Minister of Justice repealed the Temporary Instruction regarding reorganization of the notaries in 28th of October 1947. After having achieved success on the way of normalization of the functioning of the post-war public notaries, in the second half of 1948 the situation considerably changed because of political problems. The public notaries put forward numerous proposals to keep the basic rules of the notary law from 1933 and to avoid the nationalizing of the public notary, for example the notary teamwork, they have not found apprehension in the department of justice. The position of the authority regarding the reform of the public notary, its organization, and its function was stated in the new notary law – the act of 25th May, 1951, which rejected the basic rules of structure of the public notary from the interwar period and was based on the new principles, patterned upon the Soviet legislation. The fundamental assumption of the new regulation was the rule that the public notary is state authority, which is acting by the public notary offices under control of the Minister of Justice and his organs. The return to the Polish tradition of the Instruction took place after several years, in 1991, due to the act on the Notary Law of 14th February, 1991.

Służba publiczna ziemiaństwa polskiego w sądownictwie gminnym powiatu lubelskiego w latach 1876–1915

Author(s): Arkadiusz Bereza / Language(s): Polish Issue: 1/2013

In 1876 a new model of jurisdiction was introduced in the Kingdom of Poland, based on the Russian law of 1864 on the organization of the judiciary. The justice was administered by gmina (‘rural district’) courts, justices of the peace, conferences of the justices of the peace and regional courts, the Warsaw Chamber of Justice and the Senate as the supreme court of cassation. The new model involved the division into two systems of courts, i.e. common courts and justice-of-the-peace courts, which were not related by the principle of the right of appeal. The bodies of peace jurisdiction were gmina courts in the rural areas, justices of the peace in towns and the appeal-cassation instance in the form of the conference of justices of the peace. New gmina courts adjudicated in the panel of one gmina the judge and two jurors elected by the local population for the period of three years. In the Lublin county there were established four gmina courts which would gradually become more and more dominated by representatives of landed gentry following successive elections. This stemmed not only from the property qualification adopted with the passive voting rights, but mostly from the education qualification. Landed gentry got involved in the electoral campaign, seeing municipal jurisdiction as a form of acting for the benefit of the local community. For 40 years, i.e. until the evacuation of Russians from the Kingdom of Poland, the position of the gmina judge in the Lublin county was held by a number of landowners, who were also known among the local population for their charity and cultural activities as well as those aiming at the economic development of the Lublin region. These were among others Kornel Ligowski, Władysław Graff, Stefan Kazimierz Kowerski and Henryk Sachs. Due to their activities, based on the sense of fulfilling the public mission as well as the fair settlement of disputes, they contributed to the growing authority of the gmina court. Thus, it was seen by the local community as its ‘own court’ at the time of the Russiication of all other spheres of public life.

Recepcja prawa z okresu Meiji – podłoże oraz wpływ na japoński porządek prawny

Author(s): Leszek Leszczyński / Language(s): Polish Issue: 1/2013

The paper deals with the process of the reception of law in Japan in the era of Meiji restoration, through the observation of its background and scope as well as of impact the reception had on the development of Japanese legal order in the 20th century. Besides the special circumstances of Meiji reception (isolation of Japan and politics of Western countries), there were some general factors that made this reception of law easier and more effective. Among them one should mention the evolutionary course of history of Japan, former successful experiences in adaptation of Chinese cultural achievements (language, law, etc.), as well as consensual type of national consciousness in collective and hierarchical structure of this society. All this leads to the special kind of pragmatic junction between the transplanted letter of law and autonomous, deeply rooted social rules, resulting in functionality of Japanese legal order.

Od ryczałtu odszkodowania do miarkowania -kompensacyjny charakter kary umownej w prawie polskim na tle rozwiązań przyjętych w dziewiętnastowiecznym prawie cywilnym

Author(s): Anna Fermus-Bobowiec / Language(s): Polish Issue: 3/2016

The present paper addresses the institution of the contractual penalty and its normative reflection in the Polish 20th-century civil law, presented on its 19th-century background. Within the scope of presented institution, the considerations included civil law which was in force during the partitions of Poland (Napoleonic Code, ABGB, BGB, Code of Laws of the Russian Empire – volume 10) and then obligations code and current civil code. It has enabled to show that the juridical construction of the contractual penalty in the contemporary civil law is based on the 19th-century normative solutions.

Ustrój sądowy Prus, II Rzeszy i Republiki Weimarskiej (1815–1871 i 1918–1933)

Author(s): Tadeusz Maciejewski / Language(s): Polish Issue: 3/2016

In the late 18th and 19th centuries, Prussia has initiated a change in the system of courts of general jurisdiction. The final separation of the judiciary from the administration was their first result. Furthermore, there was a gradual elimination of the patrimonial courts and separate municipal courts. The ultimate goal was to adapt the organization of the judiciary to the division of the country, while creating exclusive judicial system of the state. The Royal Decree of 1849 and subsequent laws from 1851 to 1852, which together have put uniform system of common courts in Prussia brought the new system of Prussian justice. The new organization of the judiciary, already for the Second Reich was composed of official courts, national courts operating in regions, and the Court of the Reich, based in Leipzig. In addition to courts of law, the courts and the special offices functioned, often associated with them, both in the Second Reich and the Weimar Republic. Almost each of the analyzed courts and the offices of the Second Reich, and later the Weimar Republic, was indirectly connected to the administrative judiciary. It occurred, at the same time, only in its most important federal states, e.g. Prussia, Bavaria, Saxony.

The Legal Foundation of Religious Associations in Poland in the Interwar Period and Currently and Examples of their Activities

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): English Issue: 1/2017

After the First World War the newly reborn Polish state needed huge financial expenditures to manage the immense poverty, unemployment, and deprivation. But after the war the state couldn’t manage such problems alone, because of the lack of sufficient resources to be able to meet the needs of those affected. That is why numerous charitable organizations were being established. They were created out of religious inspiration by groups of the faithful or specifically by the churches and other denominations. The most numerous group of associations was that established by the Catholic Church – the largest denomination in Poland. The associations were regulated by the Law on Associations of 1932, prior to which they were subject to the various post-partition laws in the three sectors. But in most cases the Law on Associations didn’t distinguish separate regulations for religious associations. In contemporary Poland it is the Law on Associations of 1989 that regulates the creation of associations. It further divides associations into two main groups – registered and non-registered. It will be the law which governs those secular associations which are established for religious purposes. It applies to denominational associations with some exceptions, but doesn’t apply at all to those established by churches and other denominations (that is, ecclesiastical associations). Currently, similarly to the interwar period, the purposes of specified groups of associations haven’t changed – the main reason for their existence is to engage in undertaking charitable activities.

Changes in the Role of Churches and Religious Organizations in the Field of Social Self-Reliance in Hungary (1867–2016)

Author(s): Napsugar Mondovics / Language(s): English Issue: 1/2017

The purpose of this paper is to review the most important trends as found in rendering social services by churches. The typical purposes pursued by religious associations in the era of Dualism and the changes detectable in the activities of the civil sector in Horthy-era were the first examined topics. The paper relies on the empirical research that I conducted in 2014, and that analysed the activities of the largest charity organizations in Hungary. It was possible to conclude that in Hungary there was an exemplary tradition of developing cohesive civic activities in the area of charity. Their efficacy depended on the ability of the organizations to solicit from the donors to help others.

Jėgos Teisė Ir Teisės Jėga Formuojantis Graikų Poliui

Author(s): Raimondas Kazlauskas / Language(s): Lithuanian Issue: 62/2010

The article considers the formation and development of the legal consciousness of Ancient Greece. It presents two autonomous but closely interrelated phenomena of Greek civilization – power and law and analyzes their interplay in the course of history. Each epoch of Ancient Greek history had its own peculiar dominating form of government. During the times of Polis formation, the Greeks finally chose the model of society based on horizontal relations and tried the forms of government – aristocracy and timocracy -- which were legitimized by the principles of order and justice typical of given historical period. The symbols of those principles were goddesses Dike and Eunomia.

ARZUHAL HADŽI JUSUFA LlVNJAKA - BUNT PROTIV KORUPCIJE U PRAVOSUDNOM SISTEMU BOSANSKOG EJALETA

Author(s): Velida Mataradžija / Language(s): Bosnian Issue: 2/2016

Arzuhals, appeals to the authorities, belong to the special genre of the Bosnian Alhamiado literature. They represent precious historical testimonies on socio-political issues in Bosnia under the Ottoman rule. The first poem of our Alhamiado literature, which has been found on the Bosnian Eyalet territory up to now, is Hajji Jusuf Livnjak’s arzuhal dating from 1618/1619. This paper considers the conditions within the Ottoman judicial system at the beginning of the 17th century and presents the arzuhal, its transliteration, transcription and Bosnian translation of the verses written in Ottoman Turkish. Since the protocol of the Kadi of Imotski has not been preserved, we do not know if the authorities complied with this arzuhal, but the author’s effort to stand against injustice is praiseworthy.

Jégos Teisé Ir Teisés Jéga Graikú Politinéje Teologijoje

Author(s): Raimondas Kazlauskas / Language(s): Lithuanian Issue: 60/2009

The article deals with the development of Ancient Greek legal awareness and its manifestations in the history of Greek political thinking. It focuses on two relatively independent phenomena of Greek civilization: power and law. The article offers an analysis of their interplay. In contrast to Eastern countries, the forms of Greek regimes continuously mutated. Each historical period and each region had its dominant form of political regime. During shifts from old to new regimes, the new regime was legitimized by relying on the principle of order and justice prevalent at that time. This principle was represented, at least at the beginning, by the Goddess responsible for cosmic order.

БРАЧНО ПРАВО У ВОЈВОДИНИ ИЗМЕÐУ ДВА СВЕТСКА РАТА

Author(s): Olga Cvejić Jančić / Language(s): Serbian Issue: 125/2008

The conditions for marriage under the prewar law in Vojvodina were numerous and more complex than in our contemporary law. In the prevailing part of Vojvodina in that time there was in effect the Hungarian Family Law Act from 1894 by which civil marriage was introduced and religious differences were abolished as a marriage impediment. Religious form of marriage was still in effect in Srem and in those parts of Vojvodina which were before unification under Austrian jurisdiction (Military Border). Cohabitation was not recognized and had no family law effects. Legal status of the children born out of wedlock was much worse than the legal status of the children born in wedlock. Discrimination on the ground of sex was a rule, not only in the law of Vojvodina, but also in other parts of The Kingdom of Yugoslavia. For example, women could get married only with the dispensation of the minister of justice, at the age of 16, while men could get married at 18. Woman was subordinate to her husband and could legally represent only her children born out of wedlock. She could exceptionally be the legal representative of her children born in wedlock.

INSTITUȚIA PROXENIEI ÎN SPAȚIUL PONTIC. DREPTURI ȘI PRIVILEGII ACORDATE

Author(s): Victor Cojocaru / Language(s): English,Romanian Issue: 1/2016

In the context of a monograph on proxenia in the Black Sea area, the author embarked on investigating into the awarded privileges. This article provides him with the opportunity to expand on this topic, starting with a brief reference to the historiographical aporia about the contradiction between the understanding of proxenia as a quasicontractual office, involving an obligation on the proxenos to perform particular duties, and the honorific aspect of this status which seemed prominent in the rapidly expanding epigraphic record of proxeny decrees for the Hellenistic period. Next, the research is structured according to the main stages encountered in the available documents: I. Ateleia (kai proxenia); II. Proxenia kai ateleia; III. Proxenia kai politeia; IV. Awarded privileges in Hellenistic time; V. Proxeny decrees from Chersonesos in Roman time. However, at each stage, the research approach takes into account the existence of an ‘Ionian Pontic space’, a ‘Dorian Pontic space’, and of the peculiarities of the Bosporan decrees. In the final remarks, the author points out the previous omissions regarding the awarded privileges to proxenoi in the Black Sea area. As an annex to this study two tables, based on an exhaustive catalogue of documents, provide a synthesis of the diachronic and comparative perspectives.

Два «лица» средневекового правосудия: этико-правовой анализ

Author(s): Ilya Dmitriyevich Nazarov / Language(s): Russian Issue: 2/2017

The article researches the entity and the moral bases of medieval justice. Much attention is paid to reviewing the medieval intelligentsia’s role in the course of legal proceedings. Attention to dogmatic and common perception of a justice phenomenon by society is paid, its contents and value is set. The conclusion is drawn that the court was the most important element of culture of medieval society which found its expression even in the sphere of entertainment and leisure.

Pisani ustav za Ujedinjeno kraljevstvo Velike Britanije i Sjeverne Irske — kraj jedne epohe

Author(s): Arsen Bačić / Language(s): Croatian Issue: 02/1994

The text poses the question: does Great Britain need a “written” or “unwritten” constitution? The main issues in the text are the participants in the constitutional debate, certain constitutional reform proposals, the tenor of the debate on “British” constitution and certain consequences ensuing from adopting a “written” constitution for one of the oldest world democracies. The author suggests that the circumstances and the motivational force of the national identity in Great Britain are not yet ready for the revolution of the written constitution.

Et quasi proprium et sanctissimum templum iustitiae consecrare

Author(s): Szilvia Nemes / Language(s): Hungarian Issue: 2/2017

In the sixth century, the legislation of Emperor Justinian was probably made with the utmost care and concern. The Christian ruler regarded himself as the restorer of the classical Roman tradition and also a great reformer. This was mainly pointed out in his decrees. In the introductory decrees of his codification emphasized that there is a dual imperial objective, namely the re-emergence of the imperium Romanum and the codification of classical law, both goals viewed as service to God. In the centre of the Christian codification of Justinian, the Digest stands for a particular reason the emperor gave it, raising up the own and most holy temple to justice for his subjects. The introductory decrees use metaphors in order to convince the reader of his sacred goals and to ensure his subjects that his legislation will be the protector of the State and the development of the legal institutions under the cloak of the restauration of ancient Roman tradition.

GREED, LIES AND NEGOTIABLE JUSTICE: STEREOTYPED LAWYER IN AMERICAN LAWYER JOKES

Author(s): Anna T. Litovkina / Language(s): English Issue: 1/2011

In the early 1980s, a new joke cycle appeared in the USA, and has continued to flourish ever since. This is a lawyer joke cycle. Lawyer jokes have been published in book form, and have also been displayed on various American websites. Why is it the lawyer, and not the representative of any other profession or occupation, who is permanently made fun of in so many American jokes? What are the dominant stereotypical traits of a lawyer? What negative features is he hated for? Does the lawyer’s stereotype in American lawyer jokes contain any truth? These and many other questions could be asked in regard to American lawyer jokes. The present study focuses on stereotypical traits of lawyers. All the jokes quoted and discussed in the study can be found with references to their Internet sources. The vast majority of jokes were collected from hundreds of websites in spring 2009.