Foundations of Universal Tolerance in Stanislas’ of Skarbimierz and Paul’s Wladimiri Writings

Author(s): Elżbieta Jung / Language(s): English Issue: 14/2017

The considerations presented in the article focus primarily on presenting the original concepts of the representatives of the so-called Polish School of the Law of Nations – Stanisław (Stanislas) of Skarbimierz and Paweł (Paul) Włodkowic (Wladimiri). These thinkers published their works in the 14th and 15th centuries and were known in wide circles of European intellectuals. Their concept, which convincingly justifies the need for tolerance for all people, is based on the concept of ius naturae which is understood as something congruent to human nature, and since a man is a social creature, thus the law of nations – ius gentium – is an adequate manifestation of the human law of nature. This law should be equally referred to all human beings.

Międzynarodowa Konferencja Naukowa im. Profesora Stanisława Czepity „O pojmowaniu prawa i prawoznawstwa”, Szczecin, 24–25 listopada 2022 r. i 27 stycznia 2023 r.

Author(s): Jędrzej Henryk Gryko / Language(s): Polish Issue: 44 (3)/2023

RADNA I SOCIJALNA PRAVA U USTAVU FNRJ 1946. I USTAV NR HRVATSKE 1947.

Author(s): Marinko Učur,Željko Bartulović / Language(s): Serbian Issue: 3 (1)/2023

In this paper, the authors deal with the constitutional provisions of the Vidovdanski (1921) and Octroyed constitution (1931) in the field of labor and social rights. The analysis of those regulations in the Constitution of the FNRJ from 1946 follows. After reviewing the work of the Croatian Constituent Assembly, a comparison is made with similar regulations in the Constitution of the People’s Republic of Croatia from 1947.

V boji proti špionům a rozvratníkům – Státní soud a počátky jeho činnosti

Author(s): Lukáš Blažek / Language(s): Czech Issue: 2/2016

After the World War II, Czechoslovakia pursued the course of a close cooperation with the Soviet Union. Th e leading role in the state was gradually taken over by the Communist Party of Czechoslovakia with Klement Gottwald as its leader. The communists managed to take control of the state in February 1948. Soon after, they started repressions against both real and imaginary political adversaries. The original Act on Protection of the Republic and the institution of the State Court from the pre-war era did not represent a tool firm enough for their purpose; therefore, new laws were passed, first, Act on Protection of the People’s Democratic Republic No. 231/1948 Coll., and the other, Act on the State Court No. 232/1948 Coll. This new legal regulation became a convenient tool for repression against political opponents. The State Court, established according to the Act No. 232/1948 Coll., started working on October 25, 1948 with Hugo Richter as its president. There was only one court with the purview for the whole territory of Czechoslovakia, it was, however, divided into three departments in Prague, Brno, and Bratislava. The main goal was to ensure a unified practise of the court and to provide the Communists Party a complete control over sentencing in political crimes. This was to be guaranteed by the newly established State Prosecutor’s Office as well. Another principle the State Court was built upon was the unitary jurisdiction over both civil and military persons, the competence of the State Court applied also to juvenile offenders. This had a major impact on organisation of the Court and on composition of its senates. Yet, this conception brought considerable problems in its functioning. Complications were caused by shortages in suitable military justice personnel for Brno department, the proceedings where military persons were involved were, therefore, necessarily concentrated in Prague. A third, important principle was the introduction of a non-professional element into deliberations of the State Court by means of lay assessors, which, after all, complied with the requirement of the Ninth-of-May Constitution. This principle was carried out directly in the Act on the State Court. Lay judges were appointed for the State Court by the Cabinet based on proposals from Regional National Committees and they stayed one year in their office. This lay element was present in the State Court military senates as well. The paper deals into detail with the organisation of the State Court from its origins to July 31, 1950. It describes and analyses the legal standing of the Court, together with the most important principles essential to its functioning in the first months after its establishment. The work of the Court gradually gained in intensity, in 1948 alone more than 800 cases were tried and more than 450 people were sentenced. The paper is based on results of scholarly research carried out in the field of State Court functioning in cooperation among National Archives, Faculty of Law and Faculty of Science of Charles University in Prague.

Z nové slovinské archivní literatury

Author(s): Jan Krlín / Language(s): Czech Issue: 2/2015

Review of: 1. Kranjski deželni privilegiji 1338–1736. Ljubljana 2008; 2. Ljubljanski sodniki in župani 1269–1820. Ljubljana 1998–2014; 3. Simčič, M.: Svetozar Boroevič. Med slavo in ponižanjem. Ljubljana 2011.

Citizenship and nationality: a saga of a historical connection and the dialectic of inclusion/exclusion

Author(s): Enrique Acosta-Pumarejo / Language(s): English Issue: 2/2023

Through my research I investigate the complex topic of citizenship and nationality by examining the evolution of concepts and practices related to citizenship and nationality throughout history. The study proposes a broad approach for understanding the dynamics and consequences of these legal phenomena. The research focuses on the complex relationship between citizenship and nationality and their role in shaping individual and collective identity. At an interdisciplinary level, the reader will discover the interaction between these concepts and society by highlighting the dialectical aspects of inclusion and exclusion. The results are based on relevant case studies, legislative, political, and social changes that have affected citizenship and nationality in different historical periods and in various geographical contexts, with an emphasis on the complexity and dynamics of these concepts. By exploring the history, legislative evolution, and legal and social debates in the field of citizenship and nationality, this study sheds light on the challenges and dilemmas facing contemporary legal systems in managing cultural and social diversity, analyzes theoretical perspectives and current practices on inclusion and exclusion and possible solutions and improvements are proposed to promote social cohesion and respect for human rights.

Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World

Author(s): Blerton Sinani / Language(s): English Issue: 1/2024

Judicial constitutional review is an essential component of upholding constitutionalism, even though it is a relatively new concept outside the United States. The US Supreme Court set a precedent in 1803 in the Marbury v. Madison case by declaring legislative acts unconstitutional, which is widely regarded as the beginning of the principle or doctrine of judicial constitutional review. Since then, judicial constitutional review has become a widely accepted feature of most democratic legal systems. Comparative constitutional law recognizes two well-known models of judicial constitutional review: the American model of dispersed or decentralized review by ordinary courts and the constitutional Kelsen/European model of centralized review by a specialized constitutional court. Additionally, there are mixed or hybrid systems that combine elements of both models.

Pamětní kniha nejvyšších úředníků v Čechách z let 1563–1774

Author(s): Pavel R. Pokorný / Language(s): Czech Issue: 1/2013

Author discribes from the heraldic view the manuscript stored in National Archives containing the names and blazons of Provincial Court officials in Bohemia.

Klára Woitschová: Personální obsazení pražského apelačního soudu v letech 1548–1783

Author(s): Petr Mareš / Language(s): Czech Issue: 1/2012

Review of: Woitschová, Klára: „… což slušného a spravedlivého jest fedrovati…“. Personální obsazení pražského apelačního soudu v letech 1548–1783. Nová tiskárna Pelhřimov, spol. s r. o., Pelhřimov 2010, 197 s.

Die Protektoratsregierung und die Verordnungen des Reichsprotektors über das jüdische Vermögen

Author(s): Miroslav Kárný / Language(s): German Issue: 1/1993

This article examines the role of the Protectorate government and the Reich Protector in the confiscation of Jewish property in Bohemia and Moravia during the Nazi occupation. It analyzes the legal and administrative measures that enabled the systematic and total expropriation of the Jewish population, as well as the resistance and collaboration of the Czech political and economic elites. It also explores the motives and interests of the German authorities and the Czech collaborators in the process of "Aryanization", which was used as a tool of Germanization and economic exploitation. It argues that the confiscation of Jewish property was not only a consequence of Nazi racial ideology, but also a result of economic and political calculations and conflicts.

Die Gesellschaftliche und rechtliche Stellung der Juden in Mähren in der vorhussitischen Zeit

Author(s): Václav Štěpán / Language(s): German Issue: 1/1992

The study focuses on the social and legal status of the Jews in Moravia before the Hussite movement. It examines the historical sources and the factors that influenced the relations between the Jews and the Christian society, such as the role of the ruler, the church, the economy, and the culture. It also analyzes the impact of the Hussite revolution and the Catholic counter-reformation on the fate of the Jewish communities in Moravia.

IMMAGINE FEMMINILE E TUTELA DELLA DONNA NELLA TARDA ANTICHITÀ

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2023

The survey aims to study the female condition in Roman legal and literary sources of the late imperial age. The aim is to bring out the progressive affirmation of an orientation aimed at the legal and social promotion of women, having as its purpose not only the re-evaluation of her role in the family and civil sphere, but the very protection of her intimate morality. A particular object of investigation will be some provisions of the emperors Justin I and Justinian.

IURA, FEMINAE, MONETAE. THE RIGHTS AND THE POWER OF WOMEN IN ROME REPRESENTED IN THE IMPERIAL COINAGE

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2023

In Ancient Rome under the private law women were subjected to tutela mulierum even if adult and had their legal capacity seriously limited. At the same time they were completely excluded from the direct participation in the public life as ius honorum and ius sufragii were reserved only for men who were Roman citizens. The last century of the Republic was a dramatic period, characterized by the great social changes that occurred in the Roman society. The coinage from ancient times to the present day has been a brilliant illustration of any political, cultural and social events and certainly has had an important significance. On the other hand the coins are also an extremely valuable source of information for the correct understanding and interpretation of many aspects of reality, relevant to the time of their minting. Despite that, the female images had appeared for centuries on Roman coins - goddesses or figures from the legends like the Vestal virgin Tarpeia, but most of the women – the mothers, the wives and the sisters of the great Romans remained invisible in both on the social level and on the coins. In the new era of the Principate with the Augustan legislation the severe rule of the old ius civile was modified and women with ius liberorum were free of guardianship and sometimes this privilege was given without actual satisfaction of the requirement. While, this is the era of a gradual strengthening of the condition, the power and the influence of women in the Roman state and politics and, accordingly, of the gender role, which reflects a radical change in Roman thinking and law, and imposes a new status of women unlike the ancient archaic understandings. Analyzing the history of the Roman law and the rights that it determined to the women we know they had a subordinate position relative to the male members of their family. In the time of the Empire and the Classical law this concept was reshaped and the result was perfectly noticeable in the Roman imperial coinage where firstly the women were depicted after their death and identified with some divinity and later they were represented during their lifetime. The aim of the article is to outline the role and the power of Roman women and to track the process of progressive change on this matter in Classical Rome using together the legal and the historical sources and giving examples for it with the images of important empresses and princesses in the imperial coinage.

PROSTITUTION IN THE CONTEXT OF ROMAN CRIMINAL LAW

Author(s): Ivana Jaramaz Reskušić / Language(s): English Issue: 2/2023

In this paper it will be shown that criminal legal position of prostitutes and pimps was the reflection of Roman policy concerning sexual as public morality. It was based, on the one hand, on the concept of honor-infamy as the framework of matrimonium iustum and, on the other hand, on the infamous but tolerable prostitution as a form of legal sexuality. Therefore, according to Augustus' lex Iulia de adulteriis coercendis prostitutes were explicitly excluded from punishment for adulterium and stuprum, by which their profession was confirmed as allowed, but at the same time, due to the infamy their position in the society was permanently marginalized. On the other hand, by this law the notion of the punishable lenocinium was established and only the husband who did not accuse his wife of her infidelity was, according to regulations of this law, considered as a pimp. Although pimping in the postclassical law was configurated as a criminal offense per se with innovatively stricter punishment, ambivalent legal position of prostitutes was retained. What is more, their profession not only remained allowed, if not also legal, trade with the aim of controlling men's sexual activities but since Caligula it became subject to taxation, precisely structured and very lucrative.

IL CASO DI LUCREZIA TRA MITO E CRITICA STORICA: ATTUALITÀ DI UN MODELLO NEL PRIMO PENSIERO ROMANO CRISTIANO

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2023

The well-known story of the noble Lucrezia, who committed suicide to save her honour, continues to provide, even in the thought of the Fathers of the Church, cultural parameters that they draw between legend and historical criticism. Even in the relationship between chastity and suicide it is possible to see the hierarchy of values attested by the indeuropean tradition as confirmation of a social consciousness which cannot be separated from the powerful help of the gods, which can be addressed only by virtue of the highest moral value of a people.

WOMEN, OBLIGATIONS, LIABILITY – SENATUSCONSULTUM VELLEIANUM

Author(s): Tihomir Rachev / Language(s): English Issue: 2/2023

The role of women in credit relations greatly increased with the development of Roman society in the imperial period. The main evidence for this claim is the adoption of the Senatusconsultum Velleianum in the middle of the 1st century AD. This legal monument provides valuable information about the legal status of women and their involvement in complex legal relations, concerning legal securities for the debt of third parties.This article focuses on the reasons that led to the adoption of this senatusconsultum and the implications it had for the legal sphere of women in Ancient Rome.

FEMMINILITÀ E SACERDOZIO NELL’ANTICA ROMA. IL CASO DELLE VESTALI

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2023

The priesthood of the Vestal Virgins represents a unique exception in the landscape of Roman religion: it is, in fact, the only priestly college composed solely of women, in a society where religious offices are closely tied to public magistracies, and women are generally relegated to a role of domestic and private care. The priestesses indeed embody an ambiguous nature, with characteristics both of the feminine and the masculine world, teetering between enjoying great privileges and adhering to stringent constraints, the foremost being the safeguarding of their own purity. But it is precisely from the violation of this sacred obligation that the history of Rome originates, with the illegitimate and violent union between Mars and Rhea Silvia, in an event that unveils a paradoxical logic: only a public priestess could have given birth to the founder of the City and set its course in motion.

WIDOW’S USUFRUCT IN ROMAN LAW AND CONTEMPORARY LAW

Author(s): Novak Krstić / Language(s): English Issue: 2/2023

The position of a woman as a legal heir in Roman law was not favorable. During the long history of the development of the Roman state and Roman law, it continuously changed. The Novels of Justinian, enacted in the first half of the 6th century, improved women's inheritance rights. A widow could inherit the part of her deceased husband's property if she had no children by him, and when she inherited with their joint children, she only had the right to usufruct on part of the deceased's inheritance. Given that Roman law had a strong influence on modern laws, the institution of widow's usufruct still exists today in certain laws. In this paper, we will point out the characteristics of widow's usufruct in Roman law and analyze current solutions in contemporary European legal systems. In addition, we will pay attention to how the Serbian Civil Code from 1844 regulated the widow's right to usufruct, as well as the conditions under which the surviving spouse can exercise the right to usufruct on the estate of the deceased spouse in current Serbian law.

ПРАВНОИСТОРИЈСКИ ПРИЛОГ ИСТРАЖИВАЊУ ФУНКЦИЈЕ ПРЕТОРА У ВИЗАНТИЈИ

Author(s): Tamara Ilić / Language(s): Serbian Issue: 60/2/2023

The office of praetor in Byzantium represents a vestige of antiquity revived in the middle years of the reign of Justinian I. The paper offers a history of the function following the chronological timeline, as well as an analysis of the praetor’s competences in the judicial and administrative spheres. Firstly, relying on the few available sources up to the 10th century, it brings an overview of the praetor’s competences. In the 10th century, the praetor became a thematic judge, the supreme civil officer in the province, outranking the strategos, which is how most sources portray the praetor in the 11th and 12th centuries. The paper examines the praetor’s service in law and juxtaposes it with his authority as the supreme figure in the province. Simultaneously, in the 11th century, the praetor was part of the capital’s judiciary system, with a possible scope of duties in private law. The last known sources describe the praetor as the court’s official in contacts with the Latins.

LIBERTATEA DE EXPRIMARE ȘI LIBERTATEA RELIGIOASĂ ÎN EPOCA TIMPURIE A FIERULUI. STUDIU DE CAZ

Author(s): Dan Romulus Serban / Language(s): Romanian Issue: 3/2023

The area of the fertile crescent in the middle period of the Iron Age is insufficiently reflected by the classical historical sources. In this situation, the Bible can be considered a serious historical source both by its singularity and by the richness of the data provided, which depict social life in the Middle East area. Starting from the analysis of events narrated in this written document, the respect of freedom of expression and freedom of conscience is pursued at the level of the family of the patriarch Jacob as well as during the New Kingdom of ancient Egypt, studying/analyzing the life of Joseph.