The Role of Physiocracy in the Birth of Human Rights

Author(s): Thérence Carvalho / Language(s): English Issue: 1/2020

The article supports Dan Edelstein’s claim that the origins of the conception of the French Declaration of the Rights of Man and of the Citizen may be seen in the political and legal philosophy of the physiocrats. Carvalho only regrets that Edelstein discussed some marginal figures of the movement, while ignoring the substantial contribution by its principal representatives. Le Trosne is one of those ignored, even though he was a lawyer and his writings are relevant to the question. Carvalho also regrets that Edelstein did not draw on some recent French works on intellectual history which helped to rehabilitate the physiocrats as political and legal theorists. The works of Anthony Mergey and Éric Gojosso are indispensable for this topic. Carvalho explores the role of the rights to freedom, property and security in physiocratic thought but also recalls the correlative duties. He approves of the thesis that physiocratic thought had an influence on the Declaration. Finally, Carvalho extends the geographical scope of the enquiry by a note on physiocratic achievements in the field of human rights with the examples of Poland and Sweden.

ШТРИХИ К ПОРТРЕТУ ЖЕНСКОГО ДВИЖЕНИЯ В США

Author(s): Nadezhda Aleksandrovna Shvedova / Language(s): Russian Issue: 4/2021

2020 marks the 100th anniversary of the 19th Amendment to the U.S. Constitution, which was passed by the country’s highest legislative body on June 4, 1919, and ratified on August 18, 1920. It gave American women the right to vote at the federal level, by law guaranteeing them this right. American society and state have had a long way to reach this milestone: behind a difficult struggle that required decades of agitation and protest. The credit for the victory undoubtedly belongs primarily to American women, several generations of whom, beginning in the 1800s, have nominated women supporters of the right to vote from among their ranks. In 1848 “The Movement for Women’s Rights” began to organize itself at the national level. Currently American women are facing a global pandemic, the loss of millions of jobs, destruction a decade of growth in women’s employment in the workforce. The developed women’s movement in the United States, which has historical roots and has accumulated and absorbed the best traditions of its predecessor, influences the formation of social reality and its changes in the context of gender equality in the country.

Pr. Gabriel-Viorel Gârdan, Pr. Emilian-Iustinian Roman, Pr. Ioan Cozma, Căsătoria şi familia. Izvoare legislative bisericeşti şi laice (sec. XX-XXI)

Author(s): Cosmin Panturu / Language(s): English Issue: 3/2021

Review of: Pr. Gabriel-Viorel Gârdan, Pr. Emilian-Iustinian Roman, Pr. Ioan Cozma, "Căsătoria şi familia. Izvoare legislative bisericeşti şi laice (sec. XX-XXI)", volumul II, Doxologia, Iaşi, 2020, 654 pp.

The Forms of Recognition of State Borders After World War II (With Particular Focus on the Arrangements Pertaining to the Polish-German Border)

Author(s): Alfons Klafkowski / Language(s): English Issue: 12/2021

The paper is an English translation of Forma uznania granic państwowych po drugiej wojnie światowej, by Alfons Klafkowski, published originally in Polish in „Życie i Myśl” in 1964. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law.

Polish-Australian Relations in the Era of Solidarity 1980–1981: Perspectives Revealed in Warsaw’s Official Diplomacy

Author(s): Jan Lencznarowicz / Language(s): English Issue: 2/2021

In the 1970s Polish-Australian relations were seen as marginal both in Warsaw and Canberra. From the perspective of Australian foreign policy the plight of Poland was fixed under Soviet control and, in bilateral relations, only limited trade and the Polish immigrant group constituted points of some interest. The diplomacy of the Polish People’s Republic strove to improve political relations with a view to developing economic cooperation. This static picture was complicated by the rise of the Solidarity movement in Poland. This study seeks to identify and document the most important areas in official Polish-Australian relations, as defined by the Foreign Ministry in Warsaw and the Embassy in Canberra, during the legal functioning of Solidarity in 1980–1981. Drawing on sources from the Archives of the Polish Ministry of Foreign Affairs, the article examines how Polish communist diplomacy attempted to achieve its aims and to what extent it was successful. It argues that Warsaw managed to exert some influence on the Australian perception of the situation in Poland, particularly at the time of Minister Tony Street’s visit in November 1981, and consequently mitigated the immediate Australian reaction to the imposition of martial law.

Причинки до кримінально-правової охорони державних символів: український та іноземний досвід

Author(s): I Samoshchenko,O Zhytynskyi / Language(s): Ukrainian Issue: 156/2022

The article reveals the problem of Ukrainian and foreign state symbols criminal law protection considering domestic and world practice. The relevant norms of criminal laws of the Russian Empire, USSR and Poland, which were in force in the Ukrainian lands in the XIX–XX centuries, have been examined. An analysis of domestic judicial practice in criminal cases related to the abuse of state symbols has been done. It has been illustrated that Ukrainian law enforcement agencies do not always correctly determine the nature of this crime. That is due to the lack of constitutional laws enshrining the system of state symbols of Ukraine, as well as gaps in legal regulation, in particular in the aspect of criminal protection of the European Union flag as membership in this organization is a strategic foreign policy priority of Ukraine. Inter alia, the erroneous legal treatment of individuals’ actions during the protest which took place near the President’s Office on March 20, 2021 as an insult to the State Emblem has been emphasized. The authors also considered solutions of the problem within the framework of a particular legal system – in criminal law of the United States, Germany, France, Spain, Iceland, the United Arab Emirates, Uzbekistan, Japan and other countries. The scientific novelty of this investigation, among other things, is in the examination of both retrospective and prospects of legal responsibility for disrespect of the State language, which is necessary to establish according to the Constitutional Court’s decision on the validity of the Law of Ukraine “On ensuring the functioning of the Ukrainian language as the state language”. However, the authors are inclined to think that this issue should be regulated by administrative law, given the experience of some post-Soviet states. Proposals for amendments to the Criminal Code of Ukraine have been made.

Rusyfikacja systemu penitencjarnego Królestwa Polskiego po powstaniu styczniowym 1863 r.

Author(s): Jerzy Czołgoszewski / Language(s): Polish Issue: 1/2021

The suppression of the January Uprising in 1863 increased the repression of the tsarist invader against the society in the Kingdom of Poland. The intensification of Russification activities, apart from all areas of social life, also included the penitentiary system. The history of this system after the loss of the autonomy of the Kingdom, which came to be called the Vistula Land, is so far known only fragmentarily. The basic barrier to researching this period are the preserved archival sources, which were largely produced in Russian. For the purposes of this article, an analysis of the most important elements constituting the basis of the penitentiary system at that time was conducted, i.e. penitentiary legislation, organization of the prison system, basic means of penitentiary interaction on prisoners and prison staff.

Colonişti din judeţul Bacău, în Dobrogea, în baza legilor din anii 1903 şi 1921

Author(s): Ioan Ungureanu / Language(s): Romanian Issue: XXX/2001

La guerre d'lndependence de 1877-1878 et la première guerre mondiale de 1916-1919 ont une nouvelle législation agraire, Romme récompense pour les paysans, la force sociale qui a soutenu en principal l'effort materiei et militaire dans ces guerres.

Anotácie

Author(s): Tomáš Pastucha,Pavol Vlček,Samuel Červeňanský,Lukáš Tkáč / Language(s): English Issue: 1/2022

Annotations of: 1. Jelínek, Pavol (ed.). „Čriepky : Zborník Martine Kušnírovej in memoriam“, Malacky : Pavol Jelínek, 2020, 232 p. ISBN 978-80-570-1700-4; 2. Prudovič, Marek. „Ústava rímskej republiky“, Praha : Leges, 2021, 179 p. ISBN 978-80-7502-545-6; 3. Wright, Nicholas Thomas. „Pavol: Život a dielo apoštola národov“, Bratislava : Porta Libry, 2021. 400 p. ISBN 978-80- 8156-237-2; 4. Vrábel, Ferdinand. „Vlastenci a hrdinovia : Slováci v prvom odboji“, Bratislava : Nadácia Milana Rastislava Štefánika, 2021, 168 p. ISBN 978-80-972465-3-2; 5. Snyder, Timothy. „Čierna zem: Holokaust ako história a varovanie“, Bratislava : Premedia, 2. vyd., 2019. 432 p. ISBN 978-80-8159-696-4; 6. Hlavinka, Ján – Salner, Peter (ed.). „Tábor smrti Sobibor : Dejiny a odkaz“, Bratislava : Ústav etnológie a sociálnej antropológie SAV, Dokumentačné stredisko holokaustu, Marenčin PT, 2019, 262 p. ISBN 978-80-569-0449-7.

MODERNITY AND LEGAL UNIFICATION: THE “TURN TO MODERNITY” OF THE PORTUGUESE-SPANISH-IBEROAMERICAN LEGAL CULTURE IN THE 19TH AND 20TH CENTURIES AND ITS CURRENT CORE VALUES

Author(s): Zoltán Gergely Aparicio / Language(s): English Issue: 2/2021

Our title is also a reference to the fact that European civilisation in Ibero-America, in thesetwo former colonial powers, represented a specific Portuguese-Spanish cultural tradition,imbued with Catholicism, an ideological, missionary evangelisation, crowned by the use ofeconomic coercion.Centuries of coexistence have given birth to an Ibero-American legal culture that hasevolved from the wars of independence in the 19th century to the present day, and which,while it may have its own particularities from country to country, can be seen as a coherentwhole in terms of its foundations and main components. It is another question entirelywhether, within this structure, we can point out where Ibero (or Hispanic) culture ends andnative (Indian) culture begins, from the point of view of, say, customary law. This aspect ofthe indigenous question began to have an impact on the unfolding of native (indigenous)peoples' movements around the 1992 bicentennial and then, in the 2000s, its thematisation,especially in Bolivia. Among blacks, the continuation of African traditions is not expressed incustomary law, but in the world of religion, superstition, nature spirits and creatures, rites,ceremonies, bird feathers, emblems, wood carvings, etc.

Библиография на българската наследственоправна литература

Author(s): Vassil Krumov Petrov / Language(s): Bulgarian Issue: 1/2022

JANISSARIES AND CONFLICTS OVER RURAL LANDS IN THE VIDIN REGION (1730-1810)

Author(s): İrfan Kokdaş / Language(s): English Issue: 1/2022

The Vidin region has attracted much scholarly attention, particularly due to the bloody uprisings in the area around the middle of the nineteenth century. For a long period, Balkan historians have understood this mid-nineteenth century crisis as an inevitable consequence of a Bulgarian national awakening. Although the recent scholarship challenges the nationalist narrative, it continues to ignore the complexities of the socio-legal structures in the Vidinese hinterland, which had developed in the course of the eighteenth century, and reduces all conflict lines to the duality of interests between peasants and proprietors. Going beyond the dualistic narratives of exploitation, this study aims to historicize the land question in the Balkans by presenting the Janissaries both as actors of the Ottoman military establishment in the Vidin region and as rural investors who enjoyed benefits from and shaped the workings of the area’s land regime thanks to their own networks and the state’s policies. By doing so, it contextualizes the ruptures and continuities in landholding patterns, and also highlights the rural entrepreneurship of the Janissaries, who in Ottoman/Middle Eastern scholarship have generally been portrayed as active historical agents of city-based riots and urban-centered commercial activities.

Tanzimatski princip izborne ravnopravnosti i njegova primjena u Banjalučkom sandžaku (1866-1875)

Author(s): Amir Krpić / Language(s): Bosnian Issue: 1/2022

In this paper, the author presents the results of the Tanzimat principle of electoral equality of Muslims and non-Muslims in the District of Banja Luka and its subdistricts. By the Tanzimat regulation of electoral equality, the author refers to those parts of the 1864 Ottoman Vilayet Law and its 1867/1871 amendments that regulate the equality of Muslims and non-Muslims in terms of electing their representatives in the local councils. In that sense, this paper does not present the implementation of the entire Vilayet Law, the entire administration and its bodies and services, but only refers to the local councils at the levels of sanjak and kaza. The paper has been written on the ground of relevant references, while the Ottoman annual reports for the Vilayet of Bosnia were the sources for the data regarding the councils. A general assessment is that the electoral equality in the said area was mostly respected, but not entirely since there were obvious deviations from the Law.

Dergüzînî Hasan Rıza ve Mecelle’ye Tetimme Mahiyetindeki Eseri

Author(s): Fatih YAKAR / Language(s): Turkish Issue: 1/2022

It is evident that the Ottoman state made radical reforms to overcome the crises it had fallen in various fields, especially since the Tanzimat era. In this context, the preparation and codification of “Majalla-i Ahkām-i Adliyya” is undoubtedly one of the most important events of both the Ottoman legal history and the history of Islamic law. It is not a whole and complete civil law since it mainly covers debts, partly property and judicial /procedural law. “Munākahāt ve Mufārakāt” subjects corresponding especially to the field of family law and the related law articles are not included in Majalla. The work that forms the basis of our paper was written precisely to fill this gap. The work in the nature of translation and commentary of Kadri Pasha’s book, al-Ahkām al-shar'iyya fi al-Ahvāl al-shahsiyya, which is a draft law, was born out of the need for a compact text on family law. It is also a response to the criticisms in his era towards the Islamic Family Law verdict. Its preparation about twenty years before the Family Law Decree is also a helpful clue in analyzing the nature of the work. In addition to translation, Hasan Riza strives to make the marriage contract, the responsibilities of the spouses, divorce, lineage and alimony subjects understandable, and to respond to the criticisms on these issues. When his effort is evaluated together with the religiously referenced commentary he made to Qānūn-i Asāsī , it can be described as the proof of the accuracy of the family law judgment, especially in the classical fiqh literature, and the defense of the conformity of these provisions to intact human nature.

The Audiovisual Media Services Directive in Algeria: A Survey on Media Legislations and Regulations

Author(s): Radouane Bouguerra,Yakoub Badji / Language(s): English Issue: 30/2021

This research aims at examining and analyzing the development of media regulations and legislations since Algeria's independence, particularly in the audiovisual sector. The main purpose of the present article is to reveal the legal framework that established the fundamental principles and general policy of the audiovisual media landscape in Algeria. Algerian society desperately needs media freedom and diversity, especially in the light of socio-political changes that the country has been witnessing in the recent years. As a result, we brought to light many defects and gaps in Algeria's audiovisual landscape. Thus, we proposed several recommendations, such as the independence of the audiovisual control authority. The latter should adopt the regulations and legislation to support media ownership and transparency, strengthening the audiovisual media's financial policy, with needs to enact information law to facilitate professional journalism practice and comfortable access to information in Algeria.

Repere istorice în evoluţia personalităţii juridice a instituţiilor medicale

Author(s): Marius-Ioan Floare / Language(s): Romanian Issue: 3/2022

The legal framework of the medical activity has evolved during the course of European law history together with the social and economic significance if these activities. In this paper, using predominantly the historical research method, we will examine some fundamental waypoints regarding the organization as legal persons of the institutions carrying out medical activities, which we generically call hospitals. Taking as a departure point the Roman era, we will discuss, using the modern optics in regard to the fundamental characteristics of a legal entity (own estate, discrete framework and specific purpose)the evolution of these legal persons with a medical purpose. Due to the limited extent of this paper, we will limit ourselves to the European legal space and to only a few of the significant evolutions in regard to the medical institutions with a legal personality.

Ewolucja praw obywatelskich w polskich regulacjach rangi konstytucyjnej w latach 1919–1997

Author(s): Jarosław Kowalski / Language(s): Polish Issue: 10/2021

The article is an attempt to present in a synthetic way the issues of civil rights. The author has attempted to identify and analyze changes in the catalog of fundamental rights vested in Polish citizens and guaranteed in the Basic Law. The author has analyzed the solutions adopted by the legislator in the field of human and citizen rights since 1918, and also pointed to changes in the Basic Law caused by Poland’s accession to international organizations. The changes are presented against the background of the first, second and third generation fundamental rights.

Trójpodział czy jednolitość, czyli o tym jak zmieniał się model organizacji państwa w polskich konstytucjach

Author(s): Jakub Sromecki / Language(s): Polish Issue: 10/2021

The subject of the article is an analysis of the provisions of four Polish Constitutions adopted in the 20th century, with regard to the model of the organization of state power defined in them, which is implemented by adopting one of the two principles, respectively the principle of the tripartite division of powers or the principle of uniformity of power. The author first presents the essence of each of these two principles. Then he offers a comparative analysis, divided into two parts. In the first part, the author compares the Constitution of 1935 with the Constitution of 1952, which both applied the principle of uniformity of power. Whereas, in the second part, he compares the Constitution of 1921 with the Constitution of 1997, which applied the principle of the tripartite division of powers. The analysis is aimed at presenting and as a result, showing that in the case of adopting the same principle – the tripartite division of powers or uniformity of power by two different constitutions, certain differences are visible in its formulation and practical application.

Konstytucja marcowa a realia polskiej sceny politycznej i sytuacji geopolitycznej II Rzeczypospolitej

Author(s): Justyna Telenga / Language(s): Polish Issue: 10/2021

March Constitution had been enacted at first of June on 1921. The fundamental purpose of this article is to present the main problems occurred in polish society, government and economy over a spen of several years 1921–1926. The main question is how the Constitution was adjusted to governmental ideas and social expectations. Analyzing the ruling articles of Constitution, position of governmental parties, social propensity and geopolitical tensions the author reply to above-mention question. The ending of the article provides an encapsulating of all the consideration

Kształtowanie się służb specjalnych jako aparatu represji Polski Ludowej

Author(s): Dorota Nowicka / Language(s): Polish Issue: 14/2021

Dorota Nowicka’s aim in this article is to discuss the genesis, basics of activity, competences, and structure of the apparatus of repression of the Polish People’s Republic, which undoubtedly was the Department of Security (Resort Bezpieczeństwa Publicznego, RBP), subsequently the Ministry of Public Security (Ministerstwo Bezpieczeństwa Publicznego, MBP). Nowicka presents both the events of World War II, which for the following years decided the fate of the country and Polish society, marking them with human tragedies, as well as those which strengthened the new regime. The article is divided into several parts. In the first section, Nowicka discusses Poland’s situation during the war in the context of the implementation of Stalin’s plans. In the second section, she discusses the process of creating an apparatus of repression both in terms of structure and legal regulations. This part is thematically related to the annex, which contains examples of “legal” acts, which not only regulated the activities of the ministry, but also imposed obligations and penalties on society, including the death penalty. These acts had little to do with law-making and they contradicted all rules and regulations. This fact, however, was not important, as each operation was based on a regulation. The third section presents the organization of the department and its successor at the central and field level. It also contains information about individuals who systematically and with full commitment implemented Stalin’s criminal policy. The concluding section brings a summary of the position of the RBP and then the MBP in the process of enslaving the Polish nation.