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Právo alebo milosrdenstvo? Domovská príslušnosť ako základný princíp sociálnej starostlivosti v Uhorsku.

Právo alebo milosrdenstvo? Domovská príslušnosť ako základný princíp sociálnej starostlivosti v Uhorsku.

Author(s): Gabriela Dudeková Kováčová / Language(s): Slovak Publication Year: 0

Domovská príslušnosť, respektíve domovské právo, predstavuje zdanlivo parciálny pojem z dejín štátu a práva, ktorý súvisí so špecifickou problematikou štátnej príslušnosti a obecnej samosprávy. Podrobnejšie štúdium však odhaľuje, že problém domovskej príslušnosti bol nerozlučne zviazaný s organizáciou systému sociálnej starostlivosti, respektíve chudobinstva, a to osobitne v dlhom 19. storočí, počas ktorého sa uskutočnili podstatné reorganizácie správy a spôsobu starostlivosti o chudobu. Príslušnosť k domovskej obci sa stala základným princípom v systéme sociálnej starostlivosti v Uhorsku, hlavným výberovým kritériom, na základe ktorého miestna (obecná či mestská) samospráva rozhodovala, komu udelí sociálnu výpomoc alebo dlhodobejšiu podporu. Zásada, že bezprostrednú sociálnu výpomoc má núdznemu poskytnúť jeho domovská obec, bola v Habsburskej monarchii legislatívne zakotvená prinajmenšom od 16. storočia, ale až v druhej polovici 19. storočia sa stala súčasťou zákona o obciach ako povinnosť obcí, z čoho pre obyvateľov vyplývala nárokovateľnosť na tento druh pomoci. Domovské právo podľa ustanovení zákona malo totiž zaručovať právo na nerušený pobyt v obci, a v prípade sociálnej núdze aj sociálnu výpomoc respektíve starostlivosť zo strany obecnej samosprávy.

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Žena a zločin vo východoslovenských mestách v 16. storočí. Otázky, pramene, definície

Žena a zločin vo východoslovenských mestách v 16. storočí. Otázky, pramene, definície

Author(s): Blanka Szeghyová / Language(s): Slovak Publication Year: 0

History of crime and punishment is not a marginal history. Quite the opposite, by showing which kinds of behaviour were unacceptable and punishable by the law, judicial records reveal norms of behaviour imposed by society on men and women. The author addresses several questions: What were the most frequent and typical charges brought against women? How does it correspond to the criminality of men? Were women and men treated differently for the same crime? Were there any gender differences in the punitive patterns? The paper uses examples from the four towns of Upper Hungary (present-day Eastern Slovakia) Kosice, Levoca, Bardejov and Presov, mainly from the second half of the sixteenth century, as judicial sources of an earlier date are rather scarce. Contemporary notion of crime and ways of dealing with criminal activities reflect the norms and values of the society. One of the most important immaterial property and value deeply entrenched in the mentality of the people of the 16th century was their good reputation. In case of men, it was based more on a concept of honour and in case of women, it was their chastity that counted. As a result, cases of defamation or slander were rather frequent among towns people. At the same time, the sixteenth century saw the increasing tendency of town authorities to regulate conduct, sexual behaviour and the family life of ordinary people. This phenomenon, called sometimes moralization of society or social disciplining was stimulated by the spread of the Reformation and the subsequent internal reform of the Catholic Church. Sexual offences and offences against the institution of marriage such as fornication, prostitution, desertion of one's husband, adultery, bigamy and incest were punished severely. It is interesting that the law did not discriminated between prostitution and fornication, using "fornication" as a blanket term for all kinds of immoral behaviour of unmarried people. Public shaming or flogging at the pillory and banishment were usual punishments for fornication. If there were no obstacles, the court would force the couple convicted of fornication to marry in prison. Sexual relations of married people with anybody other than their lawful husband or wife were punished in a similar way, but usually more strictly and capital punishment was not rare in such cases. It was one of the above-mentioned offences against morality and marriage that women were most frequently charged with. At the same time, courts would often for the same offence pronounce different sentence for a women and different for her partner. While the woman was flogged and banished, the man would get awav with a fine. On the other hand, men were most frequently accused of thievery. Punishments for thieves varied enormously, depending on individual circum stances of each case. Overall, however, male thieves used to get harsher punishments than women did. This might be explained by the fact, that women, unlike men, were mostly opportunistic petty thieves, who were in general treated more leniently. In murder charges, women were almost unheard of as the accused, unless we include a special group of infanticides into the category. Infanticide was a typical crime of single girls and was punished by the death penalty. Witchcraft charges were brought to the court only exceptionally in the sixteenth century and even then, accused women were pronounced innocent or discharged with an admonition only. The sex of the condemned determined also a kind of punishment they would get. Women were never hanged, broken by the wheel or quartered. On the other hand, death penalty by drowning was used only on women. Similarly, impalement in the grave, the usual penalty for infanticide was a typical female punishment. Urban judiciary had a unique place in the Hungarian judicial system and it seems that town authorities imposed stricter penalties than any other court.

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Právne postavenie žien v Kluži v 16. storočí

Právne postavenie žien v Kluži v 16. storočí

Author(s): Enikő Rusz-Fogarasi / Language(s): Slovak Publication Year: 0

The privilege granted to the town of Cluj in 1405 by the Hungarian king Sigismund was of great significance for its future development. Since the second half of the 15th century, the town used the law of Buda. The guild statutes regulated not only how artisans should perform their craft, but also other, private spheres of their lives. Guild and municipal statutes from the medieval period as well as the later ones form the 16th century concerned guild members who were, obviously, all men. However, in guild documents we can find some legal records that relate to women, especially in connection with the daughters and wives of late guild masters. At the first sight, it might seem that the guilds tried to protect lonely women in all the cases. Nevertheless, the guild statutes differed and sometimes a guild would change the clauses over the time. For example, at first a guild masters ' widow was allowed to take over her late husband's craft over some period of time (usually one year) or as long as she kept his family name. A woman living on her own could practice the craft only under the condition that the products met the standards of the guild. In Cluj, there was a custom, widespread in other municipal laws, according to which the wife’s and husband's possessions became their common property after the wedding. On the other hand, unlike in many municipal laws, where a husband and a wife got equal share, in Cluj, after the death of a partner the man got two thirds and the woman only one third of their common property. It is characteristic of the period that wives, daughters and widows did not have the same position as their male counterparts. Nonetheless, they had certain rights in the municipal law system, e.g. they could inherit their paternal family house, make their last wills, freely decide about their property and even practice the craft of their deceased husbands for a limited time. A woman could be involved in business and after her husband's death received one third of the jointly acquired property during the marriage. A widow paid the same taxes as the others, but if she married a noble or away from the town, she lost her municipal right of the house. The taxes were the same for women and men because it was a house or a piece of land that were taxed, not the owner.

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Žena v pramenech osobní povahy v 17. století

Žena v pramenech osobní povahy v 17. století

Author(s): Josef Hrdlička / Language(s): Slovak Publication Year: 0

Great number of preserved documents concerning women's history has the disadvantage of being written by men. As a result, women are depicted through the male point of view and experience. Therefore, it is not possible to study history focused exclusively on women, but only history of women in its social context. The author studies position of women based on documents, which in Czech historiography have been termed, though not quite adequately, as sources of autobiographical statements (prameny osobni povahy). It is an equivalent of German Selbstzeugnisse or more modern synonym Ego-Dokumenten. They are documents of autobiographical character with great informative value about mentality of their authors. Usually, there are three kinds of these personal sources: diaries, autobiographies and memoirs. In broader sense travelogues, correspondence, albums, scrapbooks and chronicles can be included into the category. From the end of the 16th century, lives of lower nobility started to be increasingly influenced by bureaucratisation. The obligation to stay in an office for a longer time influenced carriers of men, who owned manors. Manor administration was taken over by their wives. Despite the fact that these women were familiar with the basics of manor management, they unexpectedly encounte¬red resistance of their own subjects. It was impossible to root out the notion that their master does not necessarily have to be a man out or the traditional peasants’ mentality. However, such an idea was not foreign to the minds of the lower noblewomen either. They blamed their husbands for ridicule they were treated with by their subjects and servants. In their letters, wives urged their husbands, though in vain, to end their carrier as officials and return home to consolidate family and property matters. In comparison with the lower noblewomen living on small estates and manors, aristocratic noblewomen had to face another potential source of resistance. It was an estate office, the admi¬nistrative centre of their manor house and estates. Estate administrators had their own agenda and aims, often different from plans of the landlord’s wife. Family chronicles, containing usually short and concise records about rites of passage of the family represent valuable sources of autobiographical statement. Family chronicles reveal a lot about position of women, particularly about private sphere of their lives. They include informa¬tion about events traditionally associated with women’s lives such as weddings and childbearing. Private correspondence, family chronicles or notes added to printed economic calendars are full of records that reflected maternal role of a woman and her function of carrying on the family line. From the last quarter of the 17thcentury, aristocratic women, even though not necessarily from the families active in politics in the Czech kingdom, showed an increasing awareness of their belonging to their own family and participated in writing family records for their children and other future descendants.

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Otto Stobbe und die Rechtsgeschichte der Juden
9.00 €

Otto Stobbe und die Rechtsgeschichte der Juden

Author(s): Guido Kisch / Language(s): German Publication Year: 0

Hardly any part of the history of the Jews has so far been as neglected as the legal history of the Jews in medieval and modern times. It is a special, however very large scientific area, even an independent science with wide branching, comprising an era of about one and a half millennia, based on both history as well as on law, offering an undreamt-of abundance of legal historical material and historical, legal and sociological problems presents. These aspects have almost entirely eluded, even to the present day, any systematic scientific work, any historical collection, judicial comprehension and sociological lighting. And yet today, less than ever, a particular justification for the importance of this field of research is needed.

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ЈАВНОСТ - лист за наукe и политику (1874/42)
0.00 €

ЈАВНОСТ - лист за наукe и политику (1874/42)

Author(s): Author Not Specified / Language(s): Serbian

СУД И ПРАВДА; ДОПИСИ из Јасенице; Нешто о моралном образовању; Непознатзм долиснику страних новина;

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Čija država – ustavne zavrzlame iz prošlosti
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Čija država – ustavne zavrzlame iz prošlosti

Author(s): Srđan Milošević / Language(s): Serbian

Moglo bi se puno govoriti o razlozima koji su rukovodili komuniste posle 1945, a naročito u definisanju titulara državnosti u ustavima republika iz 1974. godine, da se opredele za njihovo definisanje kao nacionalnih država. To je činjeno različitim formulacijama u ustavnim tekstovima, ali uvek pod teretom nasleđa famoznog nacionalnog pitanja u prvoj Jugoslaviji (1918-1941), naročito zaoštrenog tokom trajanja svetskog rata na ovim prostorima (1941-1945). U tom smislu naročito su zanimljive ustavne promene 1974. i 1990. godine.

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KONCEPT LJUDSKIH PRAVA I SLOBODA IZ DEKLARACIJE ZAVNOBIH-A O PRAVIMA GRAĐANA U KONTEKSTU KORPUSA LJUDSKIH PRAVA I SLOBODA IZ EVROPSKE KONVENCIJE ZA ZAŠTITU LJUDSKIH PRAVA I OSNOVNIH SLOBODA I ULOGE USTAVNOG SUDA BIH U DOPRINOSU VLADAVINI PRAVA I...

KONCEPT LJUDSKIH PRAVA I SLOBODA IZ DEKLARACIJE ZAVNOBIH-A O PRAVIMA GRAĐANA U KONTEKSTU KORPUSA LJUDSKIH PRAVA I SLOBODA IZ EVROPSKE KONVENCIJE ZA ZAŠTITU LJUDSKIH PRAVA I OSNOVNIH SLOBODA I ULOGE USTAVNOG SUDA BIH U DOPRINOSU VLADAVINI PRAVA I...

Author(s): Miodrag N. Simović,Milena Simović / Language(s): Serbian Publication Year: 0

Declaration on Rights of Citizens of BIH, established at the Second Meeting of ZAVNOBIH in 1944, guarantees equality of Serbs, Muslims and Croats in BIH, which is their common and indivisible homeland, freedom of religion and conscious, freedom of speech and agreement, association and press, personal and property safety of citizens, freedom of private initiative in economic life and equality of woman and man. This is the first documents of modern times which guarantees human rights regardless of their religion, nationality and gender. In Sanski Most, during the war in 1944, rights of citizens of BIH have been defined which have been in essence the same as human rights established four years later under Universal Declaration on Human Rights, adopted at the General Assembly of United Nations on 10 December 1948 and six years later under European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted on 4 November 1950 in Rome. Authors point out that many elements of international law and standards from the scope of human rights and fundamental freedoms have been integrated into legal systems of Bosnia and Herzegovina. The Paper points out that numerous elements of international law and standards from the scope of human rights and fundamental freedoms have been integrated into the legal system of Bosnia and Herzegovina. Attention is also focused on Article II of the Constitution of Bosnia and Herzegovina, which guarantees the widest catalog of human rights and fundamental freedoms, and Article II/3 of this Constitution which establishes that Bosnia and Herzegovina shall directly apply the rights and freedoms enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as its Protocols. The starting point is that these acts have priority over all other laws. In addition, Article II of the Constitution of BIH contains a list of guaranteed rights, with special provisions on the prohibition of discrimination, the protection of the rights of refugees and displaced persons, and the protection of rights from the 15 international human rights treaties listed in Annex I to the Constitution of BIH applicable in BIH. Also, Article X, paragraph 2 of the Constitution of BIH provides that no change or amendment to this Constitution may either abolish or diminish any of the rights and freedoms set out in Article II of the Constitution or amend paragraph 2 of Article X. The Constitutional Court of Bosnia and Herzegovina has an important and irreplaceable role in the protection of human rights and fundamental freedoms guaranteed under the Constitution of BIH. It has a special place in the constitutional system of BIH. The Constitutional Court is a constitutional body, regulated under Article VI of the Constitution of BIH. Under this Constitution, the Constitutional Court is separated from the system of triple separation of power. So, it is not a part of the legislative, executive and regular judicial authorities. It is the highest constitutional body of BIH, which guarantees the respect and application of the Constitution of BIH. In short, it is the guardian of the Constitution of BIH. In national framework, the Constitutional Court is also the supreme mechanism for the protection of rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, given its direct incorporation into the Constitution of BIH and the rights and freedoms provided by international agreements applicable in BIH.

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За допустителството по ч 285 НК
4.50 €

За допустителството по ч 285 НК

Author(s): Darina Koseva / Language(s): Bulgarian Publication Year: 0

The review of the judicial practice under Art. 285 of the Criminal Code determines a conclusion of limited applicability of the provision regulating the allowance as a malfeasance, the latter regulated in Section II of Chapter VIII, Special Part of the Criminal Code. The difficulties in interpretation and application of Art. 285 of the Criminal Code are explained by the specific object of the crime, the peculiarities of the official capacity of the allower (an official under Art. 93(1a) of the Criminal Code, to whom officials and non-officials are subordinate), the characteristic connection of the committed crime with the service or work of an allowee, the absence of requirements regarding the allowee to possess an official capacity, the nature of subordination and the complexity of the ideas formed in the mind of the allower. Upon examination of the legal rule, the development of the regulation of the allowance has been traced since the establishment of its composition by the provision of Art. 441 of the Criminal Code (1896) to the current version of Art. 285 of the Criminal Code (1968). Conclusions regarding the need for the existence and improvement of the legal framework have been formulated and argued.

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CONFESSION D’UN LITTERATEUR

CONFESSION D’UN LITTERATEUR

Author(s): Bohuslav Brezovsky / Language(s): French Publication Year: 0

Il est vrai que le mot littérateur est déjà un peu suranné et, en outre, je sens qu’il a en lui quelque chose de péjoratif. Peut- être parce qu'il désigne un homme qui vit non seulement par la littérature, mais aussi de la littérature — même s’il en vit mal. Le mot de littérateur était encore utilisé couramment par Neruda et Machar, mais nous autres, aujourd'hui, nous optons de préfé­rence pour un terme plus majestueux, par exemple « créateur » ou bien « artiste ».

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Faida e vendetta tra consuetudini e riti processuali nell’Europa medievale e moderna. Un approccio antropologico-giuridico
4.90 €

Faida e vendetta tra consuetudini e riti processuali nell’Europa medievale e moderna. Un approccio antropologico-giuridico

Author(s): Claudio Povolo / Language(s): Italian Publication Year: 0

La messa in discussione della vendetta, intesa come vero e proprio sistema giuridico e culturale che regolamentava l’organizzazione dei conflitti e si poneva come strumento essenziale di controllo sociale, fu un fenomeno di grande portata che interessò gran parte dei paesi europei. Un fenomeno che si rifl esse apertamente sul piano pubblicistico e retorico nell’aperta condanna rivolta nei confronti delle azioni violente che manifestavano palesemente gli aspetti di ritorsione, ma di cui per lo più si evitava esplicitamente di sottolineare il contesto culturale e ideologico che non solo le aveva originate, ma ne costituiva pure il presupposto essenziale.

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Social perception and legal treatment of offenses out of necessity
4.90 €

Social perception and legal treatment of offenses out of necessity

Author(s): Dragica Čeč / Language(s): English Publication Year: 0

Most scientific research dealing with the topic of minor offenses out of necessity follow either Thompson’s idea of collective and organized moral economy of the (working class) masses, thus focusing on the revolt of the hungry, a characteristic of urban settings (of England and France). In political settings where the urban daily routine was not determined by the revolts of the hungry, the majority of research focuses on the mythicized forms of unorganized social rebel, living on the edge of society. The scope of this article is limited to the phenomenon of (minor) theft in times of hardship by linking both older theoretical concepts and significantly complementing them especially when addressing the issue of individual and collective perception of crimes (offenses) by necessity.

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Introduction: Towns and Cities of the Croatian Middle Ages: Authority and Property
8.00 €

Introduction: Towns and Cities of the Croatian Middle Ages: Authority and Property

Author(s): Irena Benyovsky Latin / Language(s): English Publication Year: 0

The question of land property has always been an intriguing one for the European historians, especially medievalists, as practices concerning property are complex. Medieval concepts such as (land) property, ownership, and lease do not correspond to our understanding or to the Roman period. In the changed social and economic circumstances of Late Antiquity, ownership gradually lost its absolute meaning. The notion of land possession also changed radically throughout the Middle Ages.

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Vznik republiky v Ríme: nelegitímny prevrat alebo legitímne odstránenie tyrana?

Vznik republiky v Ríme: nelegitímny prevrat alebo legitímne odstránenie tyrana?

Author(s): Peter Vyšný,Marek Prudovič / Language(s): Slovak Publication Year: 0

The paper briefly deals with the process of transformation of the monarchy into a republic in ancient Rome, the key event of which was the expulsion of the last king from Rome. The authors of the article show that this act was not an illegitimate coup or an anti-state crime (high treason), but the removal of a tyrannical king by an aristocracy that was – in her view – legitimate. At the same time, the authors show that the transition from the monarchical to the republican form of government was relatively smooth, while the royal office in the form of two important offices (rex sacrorum, interrex) persisted in the republic.

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Urážka prezidenta republiky v meziválečném období

Urážka prezidenta republiky v meziválečném období

Author(s): Daniel Kadlec / Language(s): Czech Publication Year: 0

The article deals with the § 11 of the Act of the Protection of the Republic, which in the interwar period regulated the criminal offence of the Defamation of President of the Republic. The article discusses the origin and historical sequence of the crime of the Defamation of the Head of State. In the article, the author explains, with the help of case law, some terms from the text of § 11 of the Act of the Protection of the Republic, as well as the meaning of individual paragraphs or facts as a whole. In the article author presents a few very specific cases he found in the collections of the Moravian Provincial Archive.

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Velezrada: zákon na ochranu ľudovodemokratickej republiky a súdna prax

Velezrada: zákon na ochranu ľudovodemokratickej republiky a súdna prax

Author(s): Miriam Laclavíková,Tomáš Gábriš / Language(s): Slovak Publication Year: 0

The article describes the legal regulation of high treason in the Act for the Protection of the People’s Democratic Republic, and the practice of its judicial application. The authors innovatively place the issue in a broader historical, philosophical (ethical, or axiological) and methodological context. They are inclined to conclude that the real traitors were not the tried defendants. The necessity of such an adjustment was in itself questionable at the philosophical and ideological level. Its necessity was manifested rather on a political and power-repressive levels. At the same time, should we consider human life and human dignity as inviolable values, regulation and practice of the period under review were unacceptable.

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Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948

Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948

Author(s): Stanislav Polnar / Language(s): Czech Publication Year: 0

Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.

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Židovské náboženské obce Chodová Planá a Tachov na počátku 20. století
4.50 €

Židovské náboženské obce Chodová Planá a Tachov na počátku 20. století

Author(s): Jan Edl / Language(s): Czech Publication Year: 0

At the turn of the 20th century, the Jewish religious communities in Chodová Planá and Tachov navigated significant organizational and financial challenges. Following the equalization of Jews in 1848 and the subsequent legal reforms, these communities sought to establish stable financial foundations. The issuance of model statutes in the late 19th century provided a framework for their operations, including the collection of religious contributions. Despite bureaucratic hurdles, both communities managed to adapt, with Tachov experiencing a notable increase in income and expenses due to higher salaries for religious officials. The financial records reveal the reliance on member contributions and the varied economic statuses within the communities. Detailed inventories of movable and immovable property highlight the communities' assets, including synagogues and cemeteries. The study underscores the resilience and adaptability of these rural Jewish communities in the face of legal and financial uncertainties, providing a comprehensive view of their internal dynamics and contributions to local Jewish heritage.

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МЕЦЕНАТСТВОТО – НЕИЗСЛЕДВАНО И ЗЛЕ УРЕДЕНО

МЕЦЕНАТСТВОТО – НЕИЗСЛЕДВАНО И ЗЛЕ УРЕДЕНО

Author(s): Maria Slavova / Language(s): Bulgarian Publication Year: 0

What is patronage and does it have a ground in our country? The legal framework of patronage creates problems. The status of legal entities is not spelled out. The legal framework mixes institutes, with vicious practice, such as philanthropy and NGOs, but the distinguishing criterion is missing, in favour of the patrons. Patrons have existed without legal regulation, but the law is a public evaluation of an activity if the one who supports culture wants to enter the relevant hypothesis. It should be clear that encouraging culture is an indulgence for the propertied, not that cultural institutions are prepared to accept money from anyone and for anything. The law should create respect with the patrons who are not petty for a reward but for a touch with the culture bearers!

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ЕЩЕ ОДНА ГИРЬКА С ИУДЕЙСКОЙ СИМВОЛИКОЙ

ЕЩЕ ОДНА ГИРЬКА С ИУДЕЙСКОЙ СИМВОЛИКОЙ

Author(s): M. A. Shteyngof / Language(s): Russian Publication Year: 0

Мое внимание привлекла весьма интересная, оригинально оформленная гирька. Единственным элементом ее оформления является небрежно прочерченная шестиконечная звезда. Никаких обозначений веса на нее не нанесли. И это не случайно. Такая гирька была нужна только в том регионе, в котором проживали люди, почитавший этот символ как культовый. Вернее всего, речь должна идти об Иудее. Гирька же могла быть изготовлена в тот период времени, когда эта страна входила в состав Византийской империи.

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