We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
This paper aims to approach an important subject at global level, but a rather sensitive one for Romania: the rule of law. The paper will identify the rule of law characteristics as outlined by the legal doctrine and then determine their specific particularities in Romania. The political situation in Romania is important not only for its citizens, but also for its international partners.
More...
Modern criminal law is generally regarded as a public domain because it primarily aims at protecting general interests and has dominant vertical relationships between public institutions and the individual. This understanding corresponds to a certain extent in the Hanafi criminal law. According to Hanafi jurists, the fixed penalties such as adultery, theft, and drinking wine/getting drunk are applied only to the benefit of all people. The fixed penalty for the false accusation of adultery and the retaliation (kısas) protect the benefit of all people, as well as the the interests of individuals. The public authority is able to impose discretionary chastisements (ta´zîr) and administrative punishments (siyâsa) for the benefit of the society. It is his responsibility to investigate crimes, to prosecute suspects and to impose punishments. In all these steps, vertical relations are formed between the public authority and the perpetrator. On the other hand, the Hanafi criminal law has unique features such as the determination of public interests by the Lawgiver and the penalties imposed directly on behalf of individuals.
More...
Roman Henry Hausner (1883–1947) was a high-ranking state official in the Ministry of Home Affairs with a vast number of publications in the field of public law. The aim of the article was to present Hausner’s biography from the point of view of his career as an official as well as his creative activity including his role in the process of implementing public administration reforms in interwar Poland. On the one hand, the article presents the life of Hausner as an official and a member of a few committees on public administration in interwar Poland in chronological order. On the other hand, the study presents Hausner’s views concerning fundamental institutions of administrative law. These two elements do not constitute separate parts of the article since his work in the Ministry of Home Affairs and writing were presented as a certain whole. Such a picture is created by the biography of the protagonist of this paper who combined the practical aspect of his work as an official with the issues of writing. The author of the article argues that Hausner as a co-creator of many important drafts of legal acts, a propagator of far-reaching reforms in the field of public administration system and a prolific writer can be considered a significant figure of the interwar doctrine of administrative law.
More...
Since the 1970s, Holocaust deniers have focused their attention especially on the issue of crematoria in Auschwitz, thinking that questioning the existence of these would enable them to deny the Holocaust itself. The Holocaust deniers’ attacks against the evidence of the Auschwitz crematoria reached a dramatic apex during the infamous London court case David Irving against Deborah Lipstadt in the year 2000. Court-ordered expert Robert Jan van Pelt defended his 700 page report under cross examination for five days – the outcome was pathetic for David Irving. The Dutch architectural historian’s lecture in English focused on the background and developments of this historical court case.
More...
During the first two decades following the Second World War, hundreds of thousands of migrants arrived in the United States of America from all parts of Europe, many of them having fled the Soviet occupation. Several hundred had been in service to Nazi Germany or other powers in league with the Third Reich before 1945: as state ministers, administrative officers of the German occupational forces, adjunct policemen or as guards at the concentration camps and extermination camps. In the late 1970s, the US Department of Justice established an Office for Special Investigations. It was their task to investigate alleged Nazi perpetrators, and, if applicable, to prosecute them for violation of the US immigration and naturalization laws. Their efforts resulted in the deportation from the United States of America of more than a hundred of these persons. Peter Black recounted the story of this office from an insider’s point of view. Beginning with an explanation of the problem of competence, he explained why it took so long for these cases to be initiated, and how it was possible that decades passed between the initiation of a deportation case and the actual deportation. He then went on to analyse a range of cases, described the required evidence and finally presented a discussion of selected individual cases.
More...
The relationship between private law and public law in the non-bureaucratic Roman state was very fluid since there were no public categories at least until the third century AD. It was therefore quite natural that ius civile with its jurisdictional and jurisprudential elaboration was the ideal meaning for using civil law institutes in the construction of a law of the Roman structures which emerged as an organizational regime of the power of the princeps, in straight connection with the republican institutions. A similar phenomenon was occurred at the end of the 19th century when the theory of the administrative act matured modeling itself on the paradigm of the concept of legal transaction which was elaborated by the pandectists. It seems possible to speak about law of the Roman administrative structures, assuming the term „law“ not in its normative meaning stricto sensu, but as a form of organization of the complex of institutes, facts and activities that are necessarily connected to the management of public structures in the legal order of Аncient Rome. The analysis of the organizational model of Roman public structures requires a more careful use of the instruments, methodologies and acquisitions of the organizational disciplines that generally refer to the formal structure model prevalent in modern state organizations, in brief: the bureaucratic model. In investigating the genesis and the forms of institutionalization of the auctoritas of princeps as the founding category of the emerging of an administrative apparatus, it should be highlighted how this phenomenon manifested itself through the creation of nova imperia officia and even more generally, the attribution of more functions by Augustus and his successors to the imperial officers did not only represent the response to technical needs of the newly born forma civitatis of management of the governmental machine, composed by more integral parts and given the geographic and ethnic extension of the Roman empire.
More...
The flourishing of Roman maritime navigation and trade created the need for the existence of legal regulative in order to deal with certain situations which appeared paralleled to the development of navigation and maritime trade. Legal regulative which was created as an expression of the needs of real life was realistic in its essence, since it reflected the real life. Although Romans were known in legal science for their legal ingenuity, legal logic, formation, creation and interpretation of law in accordance with the needs of practice, it is unlikely that they were the first creators of legal rules of maritime law and maritime trade, since they were not known as a maritime nation in history, like Phoenician people, and later Hellenic people. The influence of Phoenicians, the most significant merchants in the ancient times, was prominent in Rhodes, since Rhodes had been their colony for a long time. Thus, it is not surprising that the first rules of maritime law (Lex Rhodia de iactu) were created on this island. Although it was thought for a long time that the Rhodian maritime code had never been found physically, the findings from 1995 showed that this code had existed, perhaps even in the written form. At this point, the prevailing attitude is that the Rhodian maritime code most probably represented a collection of rules of maritime customary law, which later served as a good starting point for the creation of legal rules of Roman maritime law. Staring from the basic rules established in Lex Rhodia de iactu, Romans were ready for the development of maritime trade and law and continued the further development of law through the creation of new institutes, primarily in the form of contracts about the transportation of goods by sea (locatio-conductiooperisfaciendi), as well as through the creation of new procedural means which determined liability of the giver of a service, and the protection of the interest of users of a service in a maritime venture (passengers). From Roman law, these rules were transferred into Byzantine law.
More...
In no other form of life, but human life, time plays major role. Human life is not just present time, it is the “touching point” between the past and the future, the epicenter of the unbearable contradiction between life and death. For all of us time is primary factor since future offers the possibilities of living a quality life, opens new horizons for the realization of our motivations, expectations and achieving of human freedom. Discussions on this topic are older than life itself, which is a passing phenomenon, while the deliberation on euthanasia is a constant. Therefore, the opinions on this issue can be temporary and inadequate, satisfactory and definite – constantly being upgraded with new stands and changes and critics of the old ones. The history of this issue is full of speculations, scrutiny, unproven and disputable statements. This is so much true about euthanasia since this phenomenon is complex, extremely plural in its form, with “many faces” of merciful ending of life of a dying patient and with many possibilities for the abuse. In this paper the author under lines that to attempt to explain this phenomenon actually means to shed light on both moments, that is its both sides and make conclusions on the basis of these findings. This is even more important in this moment of the civilization’s growth glorifying individual freedoms, but at the same time facing moral alienation as its recognizable trait. Thus, unveiling all the aspects of this human drama becomes a prerequisite by itself.
More...
Greek customary law of war drew a clear distinction between intra-Greek wars, i.e. the armed conflict between adversaries which shared cultural and religious ties, and wars with opponents who were not part of the Ancient Greek world. The rules of warfare pertaining to conflict between Greek city-states contained rules for male soldiers, which included rules on sparing the lives of other Greeks, but also, those pertaining to women. This paper explores the participation of women in warfare, as well as the customary rules concerning rape, which can be deemed to have the force of law in armed conflict. In conclusion, a humanization of warfare may be recognized, albeit bearing in mind the concept of international relations and factors that affected the ancient customary rules of warfare.
More...
Review of: Anja Rasche - Kulturelle Vernetzung in Europa. Das Magdeburger Recht und seine Städte. Wissenschaftlicher Begleitband zur Ausstellung „Faszination Stadt“. Hrsg. von Gabriele Köster, Christina Link und Heiner Lück
More...
This article aims to show how, in the context of the territorial changes adopted in the Versailles Treaty, the issue of the citizenship of individuals residing in these areas was regulated. Moreover, this essay defines the concept of citizenship and presents the possibilities of changing citizenships in the event of territorial changes. TheVersailles Treaty is in the category of peace treaties which regulate in detail matters related to the liquidation of war. Among many issues, it also resolves the citizenship issue.
More...
The article reconstructs the life path of Alexander Timofeevich Neofitov, the first legal representative of A. F. Kumanina. The recreation is based on the memorial, epistolary, biographic and historic resources introduced into scientific discourse. They include the testimonies from the unpublished memoirs of A. M. Dostoevsky, an unreleased letter by A. G. Dostoevskaya to N. N. Strakhov dated October 18, 1881, which characterizes the Kumanin case as “wretched and bewitched” (Russian State Archive of Literature and Arts. Fund 1159. List 6. File 6. Page 1), materials of the well-known Moscow trial of false-coiners, and other criminal cases (“The Jack of Hearts Club. Criminal trial”. 1877). It also comprises the details from the history of Moscow Academy of Commercial Studies, which Aleksei Alekseevich Kumanin had founded and where he served as a trustee. As a professor of World History at the Academy, A. T. Neofitov became one of the key members of the Jack of Hearts Club criminal network. His involvement in various illegal schemes with the Kumanin inheritance was described in Dostoevsky’s novels Crime and Punishment and The Raw Youth. As a result of the inquiry, we can deduce that due to the fraud conducted by Neofitov, who was the ‘enfant terrible’ among the writer’s relatives, the Kumanin inheritance case turned out to be not only “wretched” and “bewitched”, but highly criminalized.
More...
The article is devoted to the description of the life path of a teacher, a lawyer, and a member of the Socialist Revolutionary Party, an active leader of the Russian emigration, Semyon Nikolaevich Nikolaev. The article is based on sources of personal origin stored in the collection of the National Archives of the Czech Republic. The vast majority of materials is introduced into scientific circulation for the first time. The study pays attention to the pre-revolutionary period of S. N. Nikolaev’s life, shows the difficulties that he came from a peasant family when he got an education, and he traced the main career path in the judicial service. The authors made an attempt to trace the life path of S. N. Nikolaev in Czechoslovakia, revealed the main areas of activity in the emigrant period. Special attention is paid to the circumstances in which S. N. Nikolaev was arrested. The authors do not have archival materials about the years that Semyon Nikolayev spent in prison and exile, so the events were restored mainly from his recollections.
More...
The article for the first time, raises a question about one of the profiles of Gogol’s activity as a “satirist”, a denouncer of morals. In his writings the author inevitably follows the laws of the Russian Empire, more than a hundred of volumes of which were published during his lifetime. It is emphasized that Gogol’s desire to devote himself to justice, dated back to his school days, he carried through all his whole life. He considered his writings, as well as the legacy of Homer, Derzhavin, Fonvizin and Griboedov, as educational, “legislative” for contemporaries. The writer created every his writing, by his own admission, as a support for the “truthful laws” of the State and Church, the unity of which was determined by the peculiarities of the legislation of the Orthodox State. The work consistently traces reminiscences of The Complete Collection of Laws of the Russian Empire contained in the first Gogol’s series Evenings on a Farm near Dikanka, the collection Mirgorod, St. Petersburg novels, The Government Inspector, Dead Souls, the comedy The Gamblers, etc. The government decrees were also mentioned in Gogol’s works, for example, Anti-Superstition laws, alcohol laws, wine tax and beverage production laws, tax arrears laws, “souls inspection” decrees and “documents audit”, prohibitive decrees on bribes, moneylending, harlotry, gambling and so forth. The connection of the “legislative” problems with the laws of Gogol’s poetics, their unity in the works of all genres and all periods of Gogol’s creative activity is emphasized.
More...
The Russian Empire sought to finally solve the problem of integrating the Caucasus into the national political and legal space. The socio–political crisis of the Caucasian region in the late 19th and early 20th centuries was provoked by declining efficiency of regional management. The centralization of administrative practices slowed integration of the Caucasus into the Empire, replacing living activity with a dead form. The restoration of the Caucasian vicegerency in 1905 was an extreme step. The institution of the governorship, with its autonomy and independence, was nothing short of fleeing the Empire for the sake of empire. The transformations carried out in extreme conditions returned the trust of the population and the status of mentor to the Russian authorities. However, many problems of modernizing the region were not fully resolved, which contributed to an increase of the potential for conflict and centrifugal tendencies. One of the most acute problems of judicial and administrative organization was the activity of mountain courts. The Senate revision of the Tiflis Court of Justice of 1910 revealed a gap between the highland courts and the all-Russian institutes of legal proceedings, working on the basis of judicial charters on November 20, 1864. Opinions on the harmfulness of the mountain courts and their delineation of highlanders from other imperial subjects was divided among members of the audit, and the ranks of the local administration. Using archival documents, the article illustrates the problem of reorganizing legal proceedings in the southern outskirts of the Russian state.
More...
Italian fascism was not limited only to political issues, but it also covered important socio- -economic problems. The basic element of Italian political doctrine was corporatism, which had a decisive influence on the shape of Italian legislation process in the field of constitutional, administrative, tax, commercial, labor and social security law. Corporate solutions created relations of the individual towards nation and citizen towards the state. From one point of view, the fascist socio-economical program denied the liberal free trade economy, but from the other, it was a counterbalance for a developing social ideology of class conflict, which was proclaimed by the socialists and communists. The idea of fascist corporatism in Italy gave a vision of social peace. It also improved the functioning of the government by subordination of trade unions to the state and by suppressing social divisions on the employer – employee line. The purpose of this study was to present fascist commercial law and it’s importance for economic policy of Mussolini state. The basic legal acts from the period of 1922 till 1939, which are related to fascist economy, were analyzed.
More...
The article presents the way in which Francisco de Vitoria justified the colonization of America. The considerations are based on the assumption that according to Vitoria, the relationship between the Spaniards and the inhabitants of the New World was based on the doctrine of natural powers. For this reason, the concept of the Spanish thinker should be taken considered. Its originality is based primarily on the fact that it used the idea of natural powers to solve current problems, and also let the concept known widely, but treated as an impractical legacy of the Middle Ages, became the basis for law and policy considerations. In this way he paved the way for modern ways of recognizing natural rights and, finally, human rights.
More...
The article shows comprehensively a little-known subject of the first debate over the signing of the concordat between the Second Polish Republic and the Holy See that took place during the constitutional debate of the Legislative Sejm in years 1919–1921. In contrast to the parliamentary dispute in 1925 over the final ratification of the concordat, which was widely presented in the contemporary literature, the first debate in the Legislative Sejm was only a prelude and focused on establishing the sole principle of the concordat in the text of future constitution. According to it, this first debate determined only the legal way in which detailed relations between the Catholic Church and the state should be established in the future. The subject of the article was presented in chronological order, which corresponds with the sequence of constitutional efforts in the parliament. The article is based mainly on the historical sources in the form of stenographic records and documents of the Legislative Sejm (1919–1922). Its analysis makes it possible to recreate the first parliamentary debate over the principle of concordat in future constitution.
More...
The Druze were a community outside the Ottoman-Sunni ideology, both in terms of rhetoric and legal principles. However, the Druze leaders had been the administrative representatives of the state in Mount Lebanon until the beginning of the 19th century and managed to hold the political authority. In addition, the Druze, who protected their traditional law had acquired the different identity in the “Nation System” -Millet Sistemi- of the Ottoman State. However the introduction of Tanzimat reforms in Mount Lebanon caused the Druze to go beyond the political paradigms in their identity definitions. Acting to complete its Ottoman identity with Islamic terminology, the community started to use their legal status as a legitimacy tool and tried to gain a legal place in the face of the state’s changing reformist stance. This study examines the views of the Druze of Mount Lebanon on the identity problem that emerged in the last period of the Ottoman State and examines the measures taken by the community against the legitimacy concerns and the state’s policy. In this context, the legal differences of the community were mentioned by giving some examples of Druze cases in their sources and in the Ottoman archive. In addition, the effect of the method followed by the state in sectarian politics on Druze was analyzed.
More...
