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Skica o pravno-praktičkom značaju i beznačajnosti pravnih principa za pravosuđe s osvrtom na stanje u Srbiji

Author(s): Jasminka Hasanbegović / Language(s): Serbian

Osnovna teza ovog spisa jeste da pravni principi i pravna pravila (koji se inače ne mogu odsečno razgraničiti) mogu ali ne moraju da imaju značaja u praksi, pri sudskom odlučivanju, i to i u onoj praksi koja se ocenjuje kao dobra ili čak uzorna, dakle, u uzornim pravnim porecima. To važi za sve predmoderne pravne poretke. Modernost – pa i pravna modernost – postavlja određene „zahteve“ pred svaki pravni poredak koji po sopstvenom samorazumevanju hoće da bude (viđen kao) moderan. Moderni pravni poreci ne mogu bez pravnih principa, ali ni u njima pridavanje značaja pravnim principima nije nikakva garantija za dobru (odnosno uzornu) sudsku praksu. Dobra (odnosno uzorna) sudska praksa – i u predmodernim i u modernim pravnim porecima – postoji u dobrim (odnosno uzornim) pravosudnim komunikacijskim zajednicama. Da bi se ta teza dokazala, odrediće se neophodan pojmovno-teorijski referentni okvir i razmotriti argumenti relevantni za (hipo)tezu postavljenu na početku.

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Úvod

Author(s): Tünde Lengyelová / Language(s): Slovak Publication Year: 0

U dňoch 5. - 7. novembra 2002 sa v Kongresovom centre Slovenskej akadémie vied v Smoleniciach uskutočnila medzinárodná vedecká konferencia Žena a pravo - spoločenské postavenie žien v minulosti. Pllavnými organizátormi konferencie boli Historický ústav Slovenskej akadémie vied a sekcia pre rodové štúdie Slovenskej historickej spoločnosti pri SAV. Podujatie podporila Open Society Foundation - Nadácia otvorenej spoločnosti, ktorá poskytla grant zo svojho ženského programu. Významne prispeli aj Kultúrny inštitút Maďarskej republiky a Spoločnosť Pro História.

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Žena ako subjekt a objekt kriminality v stredovekej Bratislave

Author(s): Vladimír Segeš / Language(s): Slovak Publication Year: 0

Today's leading world medievalists portrayed ten profiles or social prototypes of the medieval society. They are monks, the warrior and the knight, peasants, the city dweller, the intellectual, the artist, the merchant, women and the family, the saint and the marginal man. In the chapter about women and the family, there is no mention about crime and in the chapter about the marginal man, no special attention is paid to women. This can make an impression that the two phenomena - women and the crime - were negligible and not interrelated. Based on archival sources and research findings the paper addresses some questions connected to wom en and the crime on the example of the medieval Bratislava (Pressburg, Pozsony, Presporok). In medieval Bratislava as in many other towns and in medieval society as such, judicial practice distinguished following types of crimes: 1. Crimes against people including homicides, murders and grievous bodily harm 2. Assaults, the most frequent being rape and robbery, 3. Crimes against morality and against the institution of marriage (adultery, incest, sodomy), but including also hazardous games, 4. Crimes against one's honour (slanders and insults), resistance to authorities or a lack of loyalty (lese-majeste) and 5. Crimes against property, primarily thefts. An interesting document and a special kind of a criminal record is represented by the oldest warrant for market thieves' arrest. There was quite a significant number of women amongst the thieves. In the old Bratislava, women were usually accused and found guilty of thievery and immoral behaviour. Thefts and crimes against morality formed a significant proportion of criminal trials and were often punished by the capital punishment. Fornication, unless it was connected with murder or infanticide was punished rather leniently. The most common punishment was flogging and banishment. When tried for fornication, women were usually punished more severely, whereas their partners often got away with a fine. Similarly, they punished adultery. Rape or defilement, especially if a girl was a virgin was considered extremely serious crime, almost universally punished by death penalty. The oldest town protocol and other document are full of cases in which women were objects of assaults, robberies and aggression. Another phenomenon, though not directly tantamount to the crime, but in a way connected to it was prostitution, the oldest profession in the world. Authorities tried to regulate prostitution by controlling the brothels. Profits from running a brothel were not insignificant and medieval Bratislava was not an exception. A typical female crime was witchcraft and magic. Several women were tried and condemned as witches in Bratislava. In conclusion, we can say that punishments in the middle ages were meted out according to municipal law codes and some other laws, but the final decision and punishment was influenced by several other factors.

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Právne a sociálne postavenie poddaných žien

Author(s): Mária Kohútová / Language(s): Slovak Publication Year: 0

The law did not specify legal position of serf women in the modern period. It dealt only with serf men. Nevertheless, a serf woman as the head of a household or managing a farm was not an exceptional occurrence. Such women were subject to the same laws and customs as serf men. Similarly, they were restricted in their right to move away from the territory of their landlord. Women managing farms were usually widows. Some widows did not continue with managing the farm that belonged to their late husbands, but there were exceptions who would run the farm together with their sons and even those who took over all the duties and obligations connected to the management of the farm (corveé, taxes and in kind). Even if women succeeded in running a farm, it was not always advantageous for them. Their obligations to the landlord were not decreased if they had small children, though rearing children was time-consuming and obviously meant further duties. It was more advantageous for a widow to be a landless serf. Serfs of the same status were equal not only in their duties, but they were all equally punished for their possible offences and entitled to the same level of financial rewards for their agricultural work. A serf woman did not have much opportunity to decide freely about her life. She had to adjust to the customs and try not to violate them so she would not be excluded from the village community. In all the important matters, it was the landlord who wielded the clout.

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Prostituce v českých zemích: od reglementace k abolici (1852 -1922)

Author(s): Milena Lenderová / Language(s): Czech Publication Year: 0

Prostitution or according to a modern definition "having sex with another person for money" has existed since the ancient times. From the Middle Ages up until the 20th century, periods when prostitution flourished followed those when it was forbidden and prosecuted. All these restrictive attempts were doomed to failure and authorities were eventually forced to resign themselves to the existence of the phenomenon. Prostitution can be registered (under the control of police and doctors), clandestine, or tolerated without any legal restriction. There are three key aspects: behaviour of a prostitute/male prostitute that is sexually significant for a client and which leads to the satisfaction of the client s sexual desire, money paid by a client and the third aspect is neutral emotional relation between a prostitute/male prostitute and a client. World of prostitution has all the signs of a marginal society and all the attributes of a social subculture. The attitude of the law to prostitution could take three forms: prohibition, regulation and abolition. Prohibition means that the law criminalized prostitution and prosecuted all those who were involved in it. The author analyses ordinances against prostitution and their effects in a historical perspective - from ancient Rome through the Middle Ages up until the Age of the Enlightenment. On the other hand, regulatory or constrictive policy tolerated prostitution as a necessary evil, but tried to regulate it by creating indispensable boundaries, within which prostitution could take place. It was not legal prostitution, but prostitution that authorities had to put up with. Regulation of prostitution involved setting up new specific institutions, curbing it into certain urban parts or areas and most importantly - getting it under regular police control and medical inspection. Prostitutes were registered at the police and were given health certificates or books, where doctors recorded regular medical examinations. In some countries, these regulations were incorporated into the law. The idea of the modern regulation, the French system, was put into practice for the first time in Paris, shortly before the outbreak of the French revolution. By the end of the 19th century, administrative and medical checkups of prostitutes had been established in most of the European countries. Reaction to the state regulation was the abolition movement, which was against the institutional forms of prostitution. It was based on a false premise that the main guard against prostitution is enlightenment, education, moral principles, alleviation of poverty and better conditions for getting married. The movement developed in the sixties of the 19th century in the Protestant circles in England and Switzerland, together with feminism and spread of women's emancipation One of the proponents of the movement in the Czech lands was Tomas Garrigue Masaryk. In 1919, a parliamentary debate on the bill about prostitution provoked a general discussion. It was the advocates of abolition who emerged victorious from the battle against supporters of state regulation. The law No. 241 called O potirani pohlavmch nem oci (On eradication of Venereal diseases) was passed on l l lhjuly in 1922 as the first abolition law in Central Europe. The problems started when the law was put into practice, because prostitution did not diminish, only became less safe. However inadequate and imperfect the previous police and medical control was, it was better than the complete absence of it. The objective of the law was not fulfilled: the number of people infected by venereal diseases did not decrease as expected, but quite the opposite - the number was on the increase. In the present, the growth of prostitution is the refutation of all the abolitionist arguments Existing situation in the Czech Republic attests to it.

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