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Realia kariery uczonego w RPL i III RP

Author(s): Przemysław Olstowski / Language(s): Polish Issue: 2/2016

The memoirs of Professor Stanisław Salmonowicz titled "Life escapes like a donkey" published two years ago constitute the recapitulation of his own life and the scientific autobiography including extensive and important retrospective remarks concerning science and scientific circles in Poland and Europe in the second half of the 20th century. He particularly refers to historical sciences and historical-legal sciences. Against other valuable memoirs of scholars of the period of the Polish People’s Republic, the memoirs by Prof. Salmonowicz are characterized by the thorough description and analysis of attitudes and achievements of scientists and scientific circles in this period. Moreover, as one of the few testimonies of this kind, they stem from the experience of the scholars who, as it was defined by the author, “did not pact with totalitarianism”. Dozens of years of research and teaching in the most outstanding universities in Poland and abroad (despite difficulties generated by the communist authorities) makes the memoirs rich in unique knowledge about the history of science in Poland, particularly in the period of the Polish People’s Republic and to some extent also in the Third Polish Republic. It is of major importance as the research on the history of science and scientific circles in the Polish People’s Republic still remains very scarce. That is why the testimonies of active and important scholars of the period are so significant. They are frequently a more reliable source of information than preserved formal documentation; they allow us to understand how scientific institutions operated in Poland prior to and after 1989 and how it determined their work, development and achievements.

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NOVE KONCEPCIJE DRŽAVNE SUVERENOSTI I ORGANIZACIJE VLASTI U SRPANJSKIM USTAVNIM AMANDMANIMA IZ 1990. – UZ TRIDESETU GODIŠNJICU USTAVA RH

Author(s): Sanja Barić,Budislav Vukas, Jr. / Language(s): Croatian Issue: 3-4/2020

In the year marking three decades since the adoption of the Christmas Constitution, the importance of constitutional amendments promulgated by the Croatian Parliament at the end of July 1990, which together with the February Constitution from the time of the still existing Socialist Parliament form the basic preconditions for initial democratization of the Croatian constitutional system. From a legal-historical and constitutional point of view, the authors consider this issue important for the modern Croatian state. Traditional Croatian historiography analyzes these amendments exclusively in their substantive sense of regulating the new state coat of arms, the flag and abolishing the socialist attributes. Although the amendments are normatively not numerous, their meaning is much broader. At the heart of this analysis lie the issues of a new understanding of state sovereignty and reform interventions in state organization. The authors analyze the relevant provisions through the original records of parliamentary debates. They first point to the basic trends of constitutional changes comprised in the July amendments, referring primarily to the identity level, and then they point to the strengthening of state sovereignty and changes in the direction of developing the features of modern parliamentary democracies. The planned reorganization of the executive-administrative power is especially considered here. At the end, the feed back of the July constitutional amendments and the beginning of work on the new Constitution of the Republic of Croatia are presented.

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GREGORYEN KIPÇAK TÜRKÇESİNDEKİ TUSNAX SÖZÜ ÜZERİNE

Author(s): Taghi SALAHSHOUR HASAN KOHAL / Language(s): Turkish Issue: 49/2021

Gregorian Kipchak society lived in today's Ukraine. In the study, the mention of tusnax in legal documents written by Gregorian Kipchaks between 1519-1699 will be discussed. In this context, Töre Bitik / law book and court proceedings will be examined. The word in question is a legal term and means pledge. The origin, meaning, historical and contemporary status of the term Tusnak will be discussed. We will follow the traces of this term used in Gregorian Turkish in historical and contemporary Turkish dialects. The reflections of Turkish legal understanding and legal language awareness will be revealed.

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Hungary’s Christian Culture as Subject of Constitutional Protection

Author(s): Balázs Schanda / Language(s): English Issue: 23/2020

Since 2018 the Fundamental Law of Hungary (the Constitution) has provided for the protection of the Christian culture of Hungary as an obligation of all organs of the State. The Fundamental Law does not commit the Hungarian State to Christian religion or to Christian culture in general, but specifically to the cultural tradition of the country. Despite the recognition of the cultural role of Christianity, the Constitution remains neutral with regard to religion and the freedom of religion is recognised. The constitutional provision discussed in this study, i.e. Article R) para. 4, expressly identifies the culture of Hungary as a culture shaped by Christianity. Culture was born from faith, but faith cannot be born from a historic legacy and even less from a constitutional provision. Thus, the aim of the constitutional legislator was undoubtedly to place a stronger emphasis on the identity of the nation.

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Prawne aspekty rozwoju turystyki pielgrzymkowej w Polsce w latach 1918-1939

Author(s): Leszek Ćwikła / Language(s): Polish Issue: 23/2020

In the Second Republic of Poland, an important religious, cultural and socio-economic phenomenon was – as it is today – pilgrimage tourism. The author’s intention was to analyze the laws in force at that time and to answer the question whether the state legislation had a positive impact on the development of this type of tourism. The basic normative acts in this respect were the Constitution of March and the Constitution of April, whose provisions guaranteed, among others, the freedom of worship to citizens, and religious organizations, recognized by the state, the right to hold collective and public services. When it comes to ordinary legislation, the provisions of the 1932 Criminal Code, the 1932 Law on Assemblies and the provisions relating to time off from work (establishing holidays and introducing the institution of rest leave) were analyzed. Attention was also drawn to the draft of the “Tourism Act”, which contained regulations affecting the development of pilgrimage tourism. Next, the paper focuses on the legal acts issued by the Minister of Communication, providing concessions for pilgrims travelling by train, and on the legal acts issued by other bodies, containing regulations for pilgrims going abroad or coming from abroad to Poland. After the analysis of the legal regulations, it was concluded that the actions of the state authorities, recognizing the important role of religion in the functioning of the state and society, favored the development of pilgrimage tourism. The regulations did not provide for restrictions which resulted in the practice of such tourism without restraint.

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Ograniczenia zdolności prawnej osób duchownych w pracach kodyfikacyjnych doby Królestwa Kongresowego

Author(s): Piotr Zbigniew Pomianowski / Language(s): Polish Issue: 23/2020

The article focuses on the limitations of the legal capacity of the clergy in the codification work during the era of the Congress Kingdom of Poland. According to canon law, which was largely respected by the courts of the Polish-Lithuanian Commonwealth, the rights of monks and nuns were severely limited in matters related to succession (in particular, as far as inheritance or wills are concerned). Moreover, in light of the fully religious nature of marriage law, persons obliged to celibacy could not, as a matter of course, enter into a marital relationship. Austrian and Prussian lawmakers respected many of the ecclesiastical rules which regulated the status of the clergy. On the other hand, the Napoleonic Code did not place any limitations on the clergy in the realm of inheritance or marriage law. In 1807, the Duchy of Warsaw was established from the Polish lands seized by Prussia where Landrecht of 1794 was in force. In 1809, some lands occupied by Austria were incorporated into the Duchy of Warsaw. The civil code of Western Galicia (a precursor of Allgemeines Bürgerliches Gesetzbuch) was binding within these territories. Soon afterwards, the Napoleonic Code was introduced into both parts of the Duchy. During the Congress of Vienna it was decided that a major part of the Duchy would be transformed into the Kingdom of Poland under Russian control. It was obvious that Emperor Alexander I would reform the secular Napoleonic law of the Kingdom of Poland. While the prohibition of concluding marriages by the Catholic clergy was not questioned, the scope of potential limitations of the legal capacity of monks and nuns was the subject of much debate. The members of the Codification Commission could not come to an agreement whether to change or preserve the French regulations. Finally, Alexander I ordered to introduce them into the Civil Code of the Kingdom of Poland. The article gives a fresh view on the debate as it is based on the analysis of recently discovered materials from one of the Moscow archives.

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Problem rewindykacji kościelnej nieruchomości Polskiego Kościoła Ewangelicznych Chrześcijan Baptystów we Wrocławiu

Author(s): Michał Zawiślak / Language(s): Polish Issue: 23/2020

The main aim of the paper is to present the course of the restitution proceedings concerning the church property of the parish of the Polish Evangelical Christian Baptist Church in Wrocław, as well as to analyse the administrative decisions issued during the proceedings. Special attention is given to the legal issues related to applying art. 2 para. 4 of the decree of 8 March 1946 on abandoned and post-German properties and to the consequences of the resolution of the Supreme Court of 19 December 1959 for the legal effects in the interpretation of art. 2 para. 4 of the decree. A definitive decision on this issue that refused to grant the right of ownership to the Church was issued only 13 years after the restitution application had been submitted. The excessive duration of the proceedings was confirmed by the judgment of the European Court of Human Rights (Application no. 32045/10). The Second Congregation in Wrocław (the legal successor of the above-mentioned parish) did not recover the property lost after World War II under the provisions of the act regulating the legal situation of the Church of Christian Baptists in the Republic of Poland. A close examination of the circumstances of the lengthy restitution litigation indicates that in order to resolve the question of the right of ownership of this property, it is necessary to pursue another route than the administrative one.

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Възникването на писаните закони в Древна Гърция

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 9/2019

The article addresses the question how and why do written laws come into being in Ancient Greece in the archaic period from the mid seventh century BC. The research delves into different types of historical sources including stone inscriptions and literary works so that to illuminate fragments and details of how the people refl ect on the necessity and signifi cance of written laws. The assumption is that there is no one general explanation why people started to write down the laws. In Ancient Greece the general lasting rules that we call today laws were fi rst denoted with the term “thesmos”, and later with the term “nomos”. In any case, the fi rst written laws were publicly acknowledged and announced as a guarantee against the arbitrary power.

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Der Vertrag zwischen der Bundesrepublik Deutschland und der Volksrepublik Polen über die Grundlagen der Normalisierung ihrer gegenseitigen Beziehungen als Zäsur in der Geschichte der Bonner Republik

Author(s): Martin Löhnig / Language(s): German Issue: 2/2020

For Poland, the "Warsaw Treaty between the Federal Republic of Germany and the People's Republic of Poland" brought legal certainty: The Polish western border was now recognized by both German states under international law. For the Federal Republic of Germany, the tough domestic political struggle for ratification of the treaty marks a turning point. The essay describes this struggle between the social-liberal government and the conservative opposition against the background of the German constitution (Basic Law), which should ensure the stability of the democratic system based on the experiences from the Weimar period. It shows how the conflict parties used instruments of the no-confidence vote and the dissolution of parliament and what role the Federal Constitutional Court (Bundesverfassungsgericht) played in this conflict: The leading decision of the court is analysed in detail. Last but not least, the surprising role of the GDR in this conflict is also examined.

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Układ między Polską Rzeczpospolitą Ludową a Republiką Federalną Niemiec o podstawach normalizacji ich wzajemnych stosunków z 1970 r. – refleksje na tle bońskiej polityki europejskiej i wschodniej

Author(s): Tomasz Dubowski / Language(s): Polish Issue: 2/2020

The 50th anniversary of the Treaty between the People's Republic of Poland and the Federal Republic of Germany on the basis of the normalization of their mutual relations provides an opportunity to present a number of reflections, including remarks on the significance of this agreement for Bonn's foreign policy. The aim of the article is to reconstruct the relations and basic dependencies between Bonn's European policy (or, more broadly, the so-called Westbindung) and German eastern policy (Ostpolitik) and the Agreement as its element. The 1970 agreement has undoubtedly become one of the focal points in the process of changing, revising West German foreign policy at the turn of the 1960s and 1970s in its key dimensions. It has not only become a part of Germany's relations with the countries of Central and Eastern Europe. It has also played a certain role and gained certain influence in the sphere of relations between the Bonn Republic and the countries of Western Europe and in the Euro-Atlantic context. Therefore, it seems that the presentation of a set of reflections devoted to this problem, especially in the light of the forthcoming anniversary of the PPR-FRG Agreement, is justified. The considerations below, in the light of the presented assumptions, include an indication of the central directions of West German foreign policy shaped after the end of the Second World War, a reconstruction of relations between Bonn's European policy and its Eastern policy, and an assessment of the Agreement itself and its significance from the perspective of Germany's position in European relations. The analyses were based mainly on (Polish and foreign) achievements of political, historical and legal sciences and relevant sources of law. At the same time, it should be noted that the presented considerations do not aspire to a comprehensive analysis of the signalized problem, but rather constitute a set of reflections devoted to its key mechanisms.

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Kwestia „ochrony” wolności sumienia i wyznania w toku prac nad kodyfikacją prawa karnego Polskiej Rzeczypospolitej Ludowej 1949-1969

Author(s): Tomasz Szczygieł / Language(s): Polish Issue: 2/2020

The paper presents the development of criminal law regulations regarding the protection of freedom of conscience and religion in the Polish People's Republic in 1949–1969. The presented analysis shows the real intentions of these regulations. The communist party wanted to control religious associations in terms of their potential impact on public opinion. There is no doubt that the analyzed regulations were an expression of the struggle of the communist authorities with the only independent institution after 1944, which was the Catholic Church. The work also highlights the problem of the ostracism of people associated with the communist movement, which was undoubtedly present, especially after the threat of excommunication issued by the Vatican in July 1949. As a result of this, freedom of conscience and religion became a kind of "hostage" of the growing struggle for a new state system and the place of religious associations.

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Mirjana GROSS, Izvorno pravaštvo: ideologija, agitacija, pokret

Author(s): Jasna Turkalj / Language(s): Croatian Issue: 2/2001

Review of: Jasna Turkalj - Mirjana GROSS, Izvorno pravaštvo: ideologija, agitacija, pokret, Golden marketing, Zagreb 2000. (Biblioteka Hrvatske političke ideoligije), 8 80 str.

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The nature of law and its role in society: reflections on the basis of William Golding’s novel ‘Lord of the Flies’.

Author(s): Eliza Wójcik / Language(s): English Issue: 31 (3)/2020

Literature provides a great deal of material for more general observations regarding the assessment of law and its role in public awareness. Literary works act as a mirror in which we can see the dangers of breaking the link between law and morality. An excellent example is William Golding’s novel, ‘Lord of the Flies’. His parabolic story about human nature provides a reflection on the role and nature of law in society. The task of defining the essence of law and its role in society has captured the minds of legal theorists, philosophers, and sociologists for centuries. This paper includes a brief analysis of two basic concepts of the nature of law, i.e. natural law and legal positivism. It is an attempt to show that theoretical beliefs about the essence of law have a direct impact on the practice of making and applying laws. The pluralism of values is used by various social groups or the ruling political elite to achieve their own goals. They value individual civil liberties, giving primacy to values that safeguard their interests. This often happens at the expense of other groups whose freedoms are being limited. Importantly, such mechanisms of assigning value are used in both undemocratic and democratic systems.

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Mykolo Romerio „Administracinis teismas“

Author(s): Ieva Deviatnikovaitė / Language(s): Lithuanian Issue: 105/2020

The article is dedicated to the 140th anniversary of the birth of Mykolas Romeris, the most famous and most deserving Lithuanian lawyer of all time. The article aims to reveal the development of the institute of administrative court in the world and in Lithuania by analyzing the content of M. Romeris’ monograph „Administrative Court“. The monograph „Administrative Court“ is written in a complex language. The reason for this is the lack of administrative law terms and studies in Lithuania. Moreover, it is obvious that the author himself, while writing this work, studied and tried to understand the phenomenon of administrative law and administrative justice.

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Социалният институт в социалната теория и практика (теоретико-методологичен аспект)

Author(s): Yuri Shubnikov / Language(s): Bulgarian Issue: 2/2020

The article tries to present the social institute as a phenomenon of social theory and practice, following the author's understanding of this public construction, based on a synthesis of existing methodological and theoretical views. It advances a theoretic understanding on the formation of abstract concepts about the institute, its generic features, and functions.

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IMAM EŠ-ŠATIBI I NJEGOVO RAZUMIJEVANJE CILJEVA ŠERIJATA

Author(s): Enes Ljevaković / Language(s): Bosnian Issue: 15/2011

Imam al-Shatibi is one of the most important and most outstanding personalities of Muslim Spain. He lived at the time of defence of the last Muslim stronghold in Andalus - Granada - from the enemy who surrounded it from all sides. His name and work came into focus of contemporary fiqh and usul al-fiqh researches in the context of their increasing interest in his understanding and elaboration of the objectives of Shari'ah...

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BISKUPI A TESTAMENTY UHORSKÉHO DUCHOVENSTVA V STREDOVEKU

Author(s): Jaroslav Nemeš / Language(s): Slovak Issue: 2/2020

In our paper we deal with testaments of clergymen in the Kingdom of Hungary in the Middle Ages in relation with bishops and archbishops. As the highest ranked officials of the Church, bishops represented guarantees and protectors of testamentary law of clerics. Their episcopal power became a pledge for practical exercise of their testamentary law in the kingdom. They performed tasks as witnesses, executors or they provided confirmation of last wills in higher ranks of the hierarchy. At the same time they were recipients of various testamentary messages in material, financial or spiritual forms or they formed messages of such kinds. In our paper we also analyze personal testaments of bishops and archbishops.

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O Senjskom statutu iz 1527. godine

Author(s): Željko Bartulović,Loretta Hill Ivanković / Language(s): Croatian Issue: 1/2013

The Senj Statute from 1388 has been the subject of detailed research by Croatian lawyers and historians. However, in the legal tradition of Senj there still exists one more important legal source which has not been used enough in the research of the history of Senj, its structure and development of legal institutes in Croatian legal areas in the 18th century. It is the Senj Statute from 1757 which was introduced by the ruler Maria Theresa. The statute is written in Italian and German languages. At that time Senj was exempt from the administration of the ban and parliament and was in the system of the Military Border and its authorities. However, Senj had the status of a free royal city and after complaints of the Croatian parliament about the violation of rights of the city its status, organisation and privileges were set with the Statute. Senj was still not under the authority of the ban and parliament, but it found itself in the system of the Commercial Intendancy (the socalled Austrian Littoral from Trieste to Karlobag). The statute contains a number of regulations about the structure of the governing organs in the city (Minor Council, Chancellor), election methods, government, court (city and noble judge), physician, surgeon and chemist, office of cleanliness, trading privileges of the city, court procedure, lawyers, family and inheritance rights, maritime law, forest protection etc.

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CEMİYETLER HUKUKU AÇISINDAN ERZURUM KONGRESİ

Author(s): Ülkü Köksal / Language(s): Turkish Issue: 10/2020

Societies in the Ottoman Empire were organizations that emerged and developed in the nineteenth century, when change and transformation took place. The Second Constitutional period provided an extremely rich environment for societies. The first law on the establishment and activities of organizations came into force on 16 August 1909. Although the law did not require prior permission to establish a community, it was essential to notify the highest local administrative authority. After the Armistice of Mondros, the countrywide resistance organizations created in Anatolia for the liberation of the homeland and the independence of the nation also operated within the framework of this law. In this way, the National Struggle Movement was organized. An attempt was made to ensure the peace and security of the people by countering the occupying forces. During the period of national struggle, the people of the Eastern Black Sea and Eastern Anatolia also resisted both separatist minorities and the occupation forces with the organizations they created in order to prevent efforts to establish a Greek and Armenian State in their regions. Erzurum Congress was held as a result of the efforts of Trabzon Muhafaza-i Hukuk-ı Milliye Commitee and Erzurum Vilayât-ı Şarkiye Müdafaa-i Hukuk-ı Milliye Commitee and with the participation of the representatives of other eastern provinces. The determination of Delegates, the meeting of the Congress, the decisions taken and the subsequent practices were carried out in accordance with the applicable laws. In this study, the establishment of the Trabzon Muhafaza-i Hukuk-ı Milliye Commitee and Erzurum Vilayât- ı Şarkiye Müdafaa-i Hukuk-ı Milliye Commitee, the conditions of the meeting of the Erzurum Congress, the activities of the Congress and the studies carried out after it were discussed in accordance with the Law of Associations.

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ВРЪЩАНЕТО КЪМ ПРИНЦИПИТЕ НА РИМСКОТО ПРАВО ПРЕДИ ЗАКОНОДАТЕЛНАТА ИНВОЛЮЦИЯ

Author(s): Maria Pia Baccari / Language(s): Bulgarian Issue: 2/2020

In the light of the general principles of law, understood as a legal system of Roman origin (ars boni et aequi), and despite the deviations from the Italian legal system and hence this sort of involution, the judges can use an ancient instrument which still today fulfils the function of defence of the conceptus, the woman, the weaker parts of society and of society itself. Roman Law defended human life right from its conception. When referring to the unborn child the jurists made use of quite a concrete and simple terminology, for example qui in utero est, partus, venter and not the mere conceptual abstractions which are commonly used today by the doctrine or the legislators (subjective right, subject of right, juridical capacity), which are quite complex concepts that inevitably distance us from the “human things” and which are difficult to understand even in Italian. The Roman praetor created the figure of the curator ventris to protect the child in womb, the woman end the res publica.

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