CEEOL - Browse Subjects Result

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.

THE ‘KINDRED CIRCLE’ OF VILLAGE MAYORS IN THE HABSBURG MONARCHY AND THE EXAMPLE OF CIESZYN SILESIA, 1864–1918

Author(s): Michael Morys-Twarowski / Language(s): English Issue: 121/2020

In Cieszyn Silesia (the eastern part of the crownland of Austrian Silesia) from the time local government was introduced in 1864 until 1918 it is possible to identify 1332 village mayors (German: Gemeindevorsteher; Polish: wójt; Czech: starosta). Of these, at least 1006 (almost 76 per cent) had another village mayor in Cieszyn Silesia in their ‘kindred circle’, which includes second-degree relatives according to canonical computation, as well as witnesses at weddings and baptisms of their closest family (children, parents, siblings). The uninterrupted lineage of these types of relationships connected at least 875 village mayors, or 66 percent of all those known. Thus the partial democratisation at the level of local self-government led to a kind of oligarchy, with the position of the village head being assumed by wealthy peasant families who all had connections to one another. Outside of the ‘kindred circle’, there were the factory owners and officials of archdukes and counts, who took the position of village mayor in industrialised areas, as well as a few Jewish village mayors and probably the majority of village mayors from the mountain villages.

More...

Homoseksualizm w prawodawstwie biblijnego Izraela

Author(s): Barbara Strzałkowska / Language(s): Polish Issue: 1/2021

The purpose of this article is to look at the topic of homosexuality in ancient Israel’s legislation and to analyze the specific regulations on this issue. The issue of homosexual acts appears clearly twice in the Torah, in Leviticus 18:22 and 20:13, in both cases alongside other intimate practices prohibited by Law. Both texts are discussed in the article together with their context, and then possible interpretations – the traditional ones, and those proposed in recent years. The latter try to demonstrate that the content of biblical legislation is not clearly opposed to homosexual relations (unlike how it was interpreted in the Jewish and Christian traditions). The article additionally – in the discussed context of the legislation on homosexuality – analyses two biblical texts possibly dealing with male sacred prostitution (Deut 23:18-19 and possibly also Leviticus 18:21).

More...

Ustrój samorządny (autonomiczny) województwa śląskiego w praktyce interpelacji poselskich w Sejmie Śląskim

Author(s): Andrzej Drogoń / Language(s): Polish Issue: 13/2020

On the basis of the Constitutional Act of 15th July 1920, which guaranteed the Silesian Voivodeship extensive self-governing rights, known in practice as the autonomy, a number of interesting constitutional solutions arose that had been previously absent from the Polish constitutional systems. Their practice initiated implementation of instruments characteristic of a constitutional state, determining the scale of democratic systems. One of such instruments was a parliamentary question.

More...

Geneza i podstawy prawne funkcjonowania polskich sądów morskich w Wielkiej Brytanii w latach 1941—1945

Author(s): Tomasz Szczygieł / Language(s): Polish Issue: 13/2020

The article presents the genesis and legal basis for the functioning of Polish maritime courts in Great Britain between 1941 and 1945. An important part of the study is dedicated to the circumstances surrounding the enactment of the Allied Powers Maritime Courts Act of 1941 and the impact of this regulation on Polish law. The article presents also changes to the criminal laws then in force, both procedural and substantive. Further on, the article describes the backstage of the appointment of the judges to the maritime courts as well as the efforts of Ministers Herman Libermann and Karol Popiel to provide them with a guarantee of judicial independence.

More...

The Republic of Austria and the Habsburg Inheritance

Author(s): Arkadiusz Stempin / Language(s): English Issue: 2/2019

Starting from the abdication of Charles Habsburg and its circumstances, this paper undertakes the anamnesis of the development of the Habsburg Law and the consequences of its enactment, both in terms of the banishment and emigration of the members of the House of Habsburg, as well as the acquisition, distribution and allocation of their property, from 1918/19 to modern times, that is, in the subsequent forms of government in the Republic of Austria; from the First Republic, to the years of fascism and Anschluss, to the Third Reich, to the modern republic (since 1955). Within this timeline, until the national exhibition marking the centenary of the abdication – “Rupture and Continuity” 2019, this paper analyses the ambivalent attitude of Austrians to the former imperial family along with the fundamental element of this relationship: the unworked-through history of the Habsburgs in the collective memory of the Austrian society.

More...

Sacrum między profanum, czyli o kwestiach wyznaniowych w testamentach szlachetnie urodzonych kobiet w Prusach Królewskich xvii-go wieku

Author(s): Piotr A. Owsiński,Anna Paluch / Language(s): Polish Issue: 19/2020

The present article focuses on analysing religious matters in the wills of noblewomen born in the 17th century in Royal Prussia, an area once covered by the process of Ostsiedlung. The article attempts to answer the question of how often and to what extent sacrum-related issues arise in the context of a person’s last transition, i.e. death. Since, for the testator back in the day, the last will and testament served as a bridge between mortality and eternity, it was the will where the spheres of sacrum and profanum merged. This is why the wills of the past eras are a valuable source of knowledge about spirituality, including the religiousness, of those who prepared them. The present article analyses references to God, Our Lady, the Saints, and the Blessed of the Church contained in the analysed wills. The article also presents specific functions and contexts in which these entities appear in the analysed documents. The article sheds light on the testators’ spirituality and religiousness as well as the function of the last will and testament for noblewomen in Royal Prussia of the 17th century.

More...

Opinia profesora Władysława Woltera w sprawie działalności sądów niemieckich na obszarach polskich w okresie najazdu hitlerowskiego

Author(s): Konrad Graczyk / Language(s): Polish Issue: 2/2021

The study was devoted to the legal opinion drawn up in the post-war trial against the German judge Albert Michel on the activities of German courts in Polish territories during the Nazi occupation. The scope of the opinion is broader than it appears from the title – Professor Władysław Wolter covered the entire German occupation including the actual German invasion in 1939. The text of the source was preceded by a discussion in which the circumstances of the opinion were explained, the author’s profile was presented, and its most important theses were characterised. The statements of the opinion were related to other views of the doctrine and jurisprudence, as well as the decisions issued in the Michel case.

More...

The Concept of Nomos – Some Remarks

Author(s): Jerzy Zajadło / Language(s): English Issue: 3/2020

It is a widespread opinion that modern jurisprudence was shaped first of all by the tradition of Roman law. In this article author tries to explain why ancient Greek legal thought should be equally important. As an example he considers the evolution and the different meanings of the concept of nomos. Four issues are presented in this paper. First, nomos in the political philosophy of Carl Schmitt and Giorgio Agamben. Secondly, nomos in one of Pindar’s poems. Thirdly, the distinction between physis and nomos made by the sophists. Fourthly, thesmos, nomos and psephisma in the legislative practice of Athenian ekklesia.

More...

Recenzja: Konstytucje Irlandii i ich ewolucja 1919–2019

Author(s): Joanna Kielin-Maziarz / Language(s): Polish Issue: 1/2021

Review of: JOANNA KIELIN-MAZIARZ - Autor: Maciej Bartosz Furtas ("Konstytucje Irlandii i ich ewolucja 1919–2019"); Wydawnictwo: C.H. BECK; Miejsce wydania: Warszawa; Rok wydania: 2020; Liczba stron: 325

More...

STATUS BOSNE I HERCEGOVINE U OKVIRU DRUGE JUGOSLAVIJE

Author(s): Željko Petrović / Language(s): Serbian Issue: 1/2021

During its existence, Bosnia and Herzegovina has gone through various state, organizational and political phases. In the 20th century, Bosnia and Herzegovina was part of two Yugoslavias in which it had a completely different status, from almost complete denial of its existence to its recognition as a separate entity, with great autonomy, to the recognition of Bosnia and Herzegovina as an independent state by the breakup of another Yugoslavia. The two Yugoslavias had completely different arrangements, one was a kingdom while the other was a socialist republic, which was reflected in Bosnia and Herzegovina itself. The foundations of the second Yugoslavia were laid in Bosnia and Herzegovina and the people of Bosnia and Herzegovina made a great contribution to the victory over fascism. The 20th century represents a dynamic period for Bosnia and Herzegovina in terms of its state-legal development and construction as an independent international legal entity. It is in this paper that the state and legal development of Bosnia and Herzegovina within the second Yugoslavia, which will result in the creation of an independent state of Bosnia and Herzegovina, is discussed.

More...

Fikret Karčić, Pravno-historijske studije

Author(s): Safet Bandžović / Language(s): Bosnian Issue: 2/2016

Review of: Fikret Karčić, Pravno-historijske studije, Sarajevo: Centar zanapredne studije, 2016.

More...

Oryginalność i trwałość V Republiki Francuskiej

Author(s): Kazimierz Michał Ujazdowski / Language(s): Polish Issue: 64/2020

The case of the Fifth Republic encourages reflection on comparative constitutionalism both because of the originality of de Gaulle’s constitutional work and the fact that during its validity the 1958 Constitution had to face new challenges – a change in the balance of political powers, European integration and the growth of the judiciary. The last two trends were universal in nature. The Fifth Republic proved an original and permanent constitution, giving the French democracy stability and efficiency. The constitutional system has not evolved either towards parliamentarianism or a presidential system like that of the USA. If there were significant amendments to the constitution, this happened in the area of external challenges. But also, in this area, where the constitutional judiciary became more dynamic and the guarantee of independence of the common judiciary increased, the Fifth Republic retained its originality, expressing the specificity of the French legal tradition.

More...

Elementy prezydencjalizmu w systemie ustrojowym Francji okresu V Republiki

Author(s): Łukasz Jakubiak / Language(s): Polish Issue: 64/2020

The Fifth French Republic was created as a modified parliamentary system, but due to constitutional changes and tendencies revealed in political practice, the functioning system of government was quite significantly modified. The purpose of this article is to analyze the elements of the presidential system that were introduced in 1958, thus in the original text of the constitution, resulted from its subsequent amendments, or can only be seen in the practice of exercising power in the conditions of the politically homogenous executive branch, i.e. outside of cohabitation periods. The author draws attention to two different ways of defining the term “presidentialism” in the French context (as a formal constitutional structure or as a pro-presidential configuration of the semi-presidentialism of the Fifth Republic), and argues that the regime initiated in 1958 is still based on at least some pillars characterizing the parliamentary model. Hence, its subsequent modifications were only to highlight presidentialism as one of the possible variants of political practice under the Fifth Republic, and not to accept presidentialism as a constitutional system of government.

More...

Sądownictwo konstytucyjne we Francji po II wojnie światowej. Znaczenie konstytucyjnej tradycji republikańskiej

Author(s): Lech Jamróz / Language(s): Polish Issue: 64/2020

In France, the institution of the constitutional court appeared relatively late. In the period of the Third Republic, the main obstacle to a serious discussion on the introduction of a constitutional court to the political system was the prevailing concept of a “sovereign parliament” and the associated primacy of the act (statute). The doctrine of those times strengthened the view of the special role of the act (statute) in the legal system; also in the protection of individual rights. These are the main elements of the French republican tradition, which was formed during the Third Republic and was strengthened in the next republican period under the Constitution of 1946. The Constitutional Council, the first independent constitutional court, was introduced into the new system of France (1958) not so much from the conviction of this institution, but from the desire to limit the sovereign power of the parliament and the primacy of the law. The earlier Constitutional Committee (1946) could not fulfill this role, but its importance is underlined in French literature.

More...

ARE UNIVERSAL HUMAN RIGHTS UNIVERSAL?

Author(s): Ildus Yarulin,Evgeny Pozdnyakov / Language(s): English Issue: 71/2021

One of the issues constantly discussed in the context of human rights is their assessment as universal or relative. International human rights norms are universal, which corresponds to the nature of human rights. The process of universalization of human rights began after the second world war with the creation of the United Nations, whose Charter declared its determination to reaffirm faith in the fundamental rights of the individual, in the equality of men and women and in the equality of nations large and small. These intentions of the organization were confirmed by the adoption of universal documents: the International Bill of Human Rights, including the Universal Declaration of Human Rights of 1948, the International Covenants on Human Rights, opened for signature on December 16, 1966, and other acts. However, the problem lies in the fact that human rights recognized at the international level as universal and enshrined in international instruments, which must be respected by all and everywhere, lose the signs and qualities of universality under the influence of various socio-cultural, national traditions and customs, religious and other factors, and acquire the meaning or status of relative ones.

More...

THE UNDERSTANDING OF HUMAN RIGHTS IN THE NEO-EURASIANIST DOCTRINE

Author(s): Joachim Diec / Language(s): English Issue: 71/2021

Neo-Eurasianism as a political doctrine is a descendant of the Eurasianist thought in the interwar period and L.N. Gumilev’s ethnological speculations during the Soviet era. Similarly to the oldest generation, Neo-Eurasianists, respond to the trauma of the lost empire in their thought: denying the leading position of the victorious competitor, they also deny the Western understanding of human rights. The polemic is conducted by a group of Russian visionaries, such as A. Panarin, A. Dugin, V. Korovin, as well as by much more pragmatic Kazakh theoreticians of law led by Z. Busurmanov. The Neo-Eurasianist narrative generally rejects the Lockean absolutization of inalienable individual’s rights and emphasizes the communitarian aspect instead. Russian Neo-Eurasianists blame the Western ideologists for treating human rights as a diplomatic weapon against foreign independent powers and try to present the liberal concept as a speculative idea. However, contrary to the Russian tradition, the idea of individual rights is not rejected in the Kazakh legal theory; it is presented in the light of a necessity to protect the right to cultivate one’s identity in the realities of a multiethnic state.

More...

DISPUTE OVER THE GUARDIAN OF THE CONSTITUTION. HANS KELSEN, CARL SCHMITT AND THE WEIMAR CASE

Author(s): Arkadiusz Górnisiewicz / Language(s): English Issue: 72/2021

The paper discusses one of the most important debates on the meaning of constitutional adjudication in the 20th century that engaged two eminent legal and political thinkers Hans Kelsen and Carl Schmitt. The paper focuses on the constitutional dispute over the guardianship of the constitution in the final years of Weimar’s Germany and reconstructs the arguments of the two major protagonists in this dispute concerning the Weimar constitution and the fundamental question whether the guardian of the constitution is (or should be) the constitutional court or the president of the Reich. The debate highlights the complexity of the political problems of a democratic state, as well as the intricate relationship between law and state and has retained high level of topicality. The paper also pays attention to the philosophical-political premises that underlined the distinctly different views on the relationship between law and politics in the thought of Hans Kelsen and Carl Schmitt.

More...

Wybrane aspekty karnoprawnej ochrony zabytków na przykładzie Kodeksu karnego z 1997 r.

Author(s): Emilia Jurgielewicz-Delegacz / Language(s): Polish Issue: 43/2019

The article aims to analyze dogmatic aspects of criminal protection of monuments in Polish Penal Code and reveal theoretical doubts connected with the offences specified in Penal Code. The Author attempts to present overviews of doctrine on discussed issued and to describes the proposals de lege ferenda.

More...

Sprawiedliwość administracyjna w świetle Kodeksu prawa kanonicznego z 1983 r.

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 45/2019

Taking up the value of administration in the law of Church, the author begins his reflections with a look at the history of administration of the Church. Then, he describes the different forms of administrative acts to define the fundamental forms of administrative recourses. The last part of the author’s reflections is devoted to the conclusions and the future of the administrative law in the Church.

More...

Powody zmian zapisów kanonów w I księdze Normy ogólne i w materialnym prawie małżeńskim Kodeksu prawa kanonicznego wprowadzonych na mocy motu proprio De concordia inter Codices

Author(s): Ginter Dzierżon / Language(s): Polish Issue: 18/2020

In the presented study, the subject of the author’s attention was the issue of the reasons for changes in the canons in the area of the 1st Book General Norms and the material marriage law of the Code of Canon Law introduced under the motu proprio De concordia inter Codices. By analyzing the content of the motu proprio he showed that the first reason was the desire to fill in the legal loopholes appearing in the Code of Canon Law with reference to the Code of Canons of the Eastern Churches of 1990. As the second reason he recognized the migration process of the modern population, including the faithful who belong to the Eastern Catholic Churches. In his opinion, the legislator, through making clear and good law, wanted to make it easier for them to adapt to the new and often difficult reality.

More...