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.

Download

РИМСКОТО ПРАВО КАТО ИЗТОЧНИК НА ТЕОРЕТИЧНО ВДЪХНОВЕНИЕ: СЛУЧАЯТ НА СКАНДИНАВСКИЯ ПРАВЕН РЕАЛИЗЪМ

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 2/2020

The article analyzes the large-scale theoretical significance of Axel Hägerström's idea of the magical origin of a number of the institutes of the most ancient Roman law. In the theoretical thought of Scandinavian legal realism, and especially of Hagerstrom's student Karl Olivecrona, the idea develops that legal thinking bears a number of features of primitive magical thinking. Scandinavian realists oppose the alternative of a fact-oriented legal method, which considers legal norms as mere probabilistic conditional statements for how a hypothetical judge would decide in a hypothetical situation. The proposed analysis develops the idea of analogies between magical and legal thinking, considering the relationships between magic and science and magic and religion. The term "magic" in the authors under consideration is shown in its role of an argumentative tool rather than a strictly anthropological concept. The scientific endeavor of Scandinavian legal realists is explained as a radical opposition to the older legal theory. The idea of magic served Olivecronа ultimately to emphasize the importance of legal psychology for legal thinking and to present legal force as the belief in the binding nature of a rule.

More...

Download

EVALUATION OF TECHNOLOGICAL ADVANCEMENTS AND THEIR FUTURE IMPACT ON EXERCISING OF HUMAN RIGHTS IN SOCIETY AND POLITICS

Author(s): Krishanveer Singh,Ajit Singh Negi / Language(s): English Issue: Supp. 1/2021

This research focuses on evaluating the impacts of technological advancements and their extended future aspects on exercising human rights in society and politics. Furthermore, the current prospects of technological advancements contribute a great portion to the advancement of society and culture. However, it also emerges and involves politics in the scenario. The research aims to explore different aspects of modern technological advancements in terms of determining the possible implementations of technology in society and politics. As a part of the research methodology, it can be highlighted that the research follows a primary research method. It collects primary quantitative data through an online survey by following a random sampling procedure. The sample population of the online survey was 50, and the ultimate sample size of this research is 39. The significance of the research lies over the identification of the technological advancements as it is the major component that impacts the future social and political community.

More...

Download

CONTRAHERE OBLIGATIONEM В КЛАСИЧЕСКОТО РИМСКО ПРАВО

Author(s): Adolfo Wegmann Stockebrand / Language(s): Bulgarian Issue: 1/2021

This paper intends to demonstrate that it is a mistake to equate the Latin syntagm contrahere obligationem to the modern idea of concluding a contract, phenomenon that entails the formation of a false retrospective construction due to the anachronistic use of a modern dogmatic concept applied to the Roman legal experience. In classical Roman law, the phrase contrahere obligationem referred to the lawful and specific activity carried out by an agent in order to give rise to an obligation, meaning, regarding him, the causa obligationum.

More...

Download

РАЗМИСЛИ ВЪРХУ ПОНЯТИЕТО DAMNUM: DAMNUM И ВРЕДА, ИСТОРИЯТА НА ДВАМА „ФАЛШИВИ СРОДНИЦИ?

Author(s): Jean-François Gerkens / Language(s): Bulgarian Issue: 1/2021

The article raises the question of two legal terms - harm (dommage in French) and damnum (in Latin): whether they are so-called in linguistics "false cognates"? If we look at the dictionaries of two modern languages, in such way are called words that are very similar in appearance but different in meaning. The interpretation of the difference in word formation and meaning can sometimes be explained by differences in the evolution of the two words, which could have a common etymological origin. The peculiarity of the case considered here is obvious in the fact that one word originates from another and it is not a question of parallel development. The question also arises as to whether the evolution of the word has given it a new meaning different than that which it had in Latin. The purpose of this brief research is not a philological or an etymological study of the subject, but to examine whether every time the Roman jurists speak of damnum it necessarily corresponds to the concept of harm (dommage) in the French language.

More...

Download

НЯКОИ ДИАХРОНИЧНИ ОТРАЖЕНИЯ НА ДЕФИНИЦИЯТА ЗА ДОГОВОРНАТА ИЗМАМА В РИМСКОТО ПРАВО

Author(s): Emmanuelle Chevreaux / Language(s): Bulgarian Issue: 1/2021

The French reform of contract law, and in particular the publication of the Ordinance of 10 February 2016 on the reform of contract law, offers an opportunity to make some remarks on the subject of the Roman definitions of dolus malus. In fact, the new Article 1137 of the French Civil Code introduces for the first time the definition of fraud. This is a novelty in the legislation, as the drafters of the Civil Code of 1804 (Napoleon's Code) did not propose any definition of fraud, although Pottier in his "The Doctrine of Bonds" adopted the famous definition of dolus malus by the Roman jurist Labeon. It was formed in the legal doctrine and case law of the XIX century, and for this purpose the Roman legal sources are analyzed.

More...

Download

SCIENTIFIC CONSUBSTANCIAL VALUES TO THE LEGAL DOGMATIC AND THE THEORY OF LEGAL BUSINESS

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2021

With a critical and renovating spirit, the author is firmly convinced of the value of the theory of the legal business, both for its usefulness to form the mind of the new jurists, as well as that of the romanist as the mercantilist and the civilist. The study focuses on an analysis and a critical review of the doctrinal generalities and the specific points of our romanistic science, including some reflections on the new doctrinal currents that allow us to extract the most outstanding scientific profiles of the so-called legal business. We will make a brief commentary on the I. General presuppositions. II. Concept of Legal Business. III. Brief reference to the essential elements. IV. Utility, justifications, and recognition of the scientific values inherent to legal dogmatics and the Theory of the Legal Business. V. Doctrinal postulates on the legal business. VI. Nuances and conclusive convergences. Historical-critical method. Historical-dogmatic method. From the dogma of the autonomy of the will, to the dogma of Betti's prescriptive declaration.

More...

Download

THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE IN EUROPEAN MARE NOSTRUM

Author(s): Vlad Vieriu / Language(s): English Issue: 2/2021

Beneath the surface of our seas there is another world and an entire page of European history. Despite natural factors, the sea might be one of the best and safest environments for both natural and cultural heritage. New advanced technologies allow us to discover and salvage these ancient treasures in a relatively new suite of efforts. This year we celebrate the 20th anniversary of the Convention on the Protection of the Underwater Cultural Heritage, adopted during the UNESCO's General Conference in 2001, a moment for millennia of our common memory, but also, a remarkable example of common effort in international law.

More...

Download

Yogyakarta Spatial Planning:

Author(s): Dinda Miftahurrohmah,Nadia Fitri Wijayaningsih,Muhammad Iqbal / Language(s): English Issue: 01/2022

In making spatial planning rules in the Special Region of Yogyakarta, the Regional Regulation (perdais) on Spatial Planning refers to Law No. 26 of 2007 on national spatial planning and DIY Provincial Regulation No. 2 of 2010 concerning the RTRW of DIY Province 2009-2029. The establishment of special rules regarding Spatial Planning of Sultanate Land and Duchy Lands is regulated in Special Regional Regulation No. 2 of 2017 concerning Spatial Planning of Sultanate Land and Duchy Land. This rule governs privileges in spatial planning, especially spatial planning related to Sultanate land and Duchy lands found throughout the DIY region. In addition, this regulation also regulates the spatial functions of the Sultanate and Duchy lands aimed at the maximum for the development of culture, social interests, and public welfare. The concept of spatial planning developed in the Perdais on Spatial Planning of the Sultanate and Duchy Lands is cultural, spatial planning, which is not the same as the spatial concept in western literature, which has been the reference for spatial planning. In-Law number 13 of 2012, it is explicitly stated that spatial planning in the Perdais is directly related to the land of the Sultanate and Duchy. But in the concept of thinking, the idea's substance covers the spatial planning of the DIY region comprehensively. It is directed to not conflict with the national spatial layout and the essence of DIY privilege.

More...

4.50 €

Preview

INTERNATIONAL LEGAL REGULATION OF THE FIGHT AGAINST TERRORISM IN FRAMEWORK OF THE COMMONWEALTH OF INDEPENDENT STATES

Author(s): Cristina Ejova / Language(s): English Issue: 1/2022

Fight against international terrorism is also led by a regional organization such as the Commonwealth of Independent States, which demonstrates the experience of effective counter-terrorism in the format of cooperation between CIS member states. This is done on the basis of the Treaty on Cooperation in Combating Terrorism (1999) drawn up in the provisions of the Protocol on the procedure and implementation of joint counter-terrorism measures on the territories of the CIS member states. Programs to combat international terrorism and other manifestations of extremism, for example, developed for the period 2020-2022, come to coordinate the efforts of the CIS states. With the understanding of the extent of the real threat of terrorism, the idea of creating a coordination center arose in the CIS, which later materialized through the creation of the CIS Anti-Terrorism Center (2000). The CIS is in a state of constructive dialogue with various international organizations to find effective ways to combat terrorism.The article will highlight the activities, the political and legal framework of the Commonwealth of Independent States as a regional security organization in the field of combating and preventing terrorism. The priority areas of cooperation between the CIS and other international organizations in the field of combating terrorism will be also analyzed.

More...

Download

HISTORICAL AND CURRENT PREVALENCE OF THE ROMAN JURISPRUDENTIAL PRINCIPLE „TABULA PICTURAE CEDERE“

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2022

In this study, we make and analyse a set of assessments and observations that seem to us more assumable, from historical and jurisprudential precedents, with the purpose of confirming the prevalent character of the principle of the proculeyan jurisprudence on the tabula picta, and its constant application until today, as can be seen in the current Spanish Civil Code. To this end, we will address: I. Introductory Summary: Accession in the Spanish Civil Code and preceding Roman jurisprudential problematic. II.Accessio as the most assumable framing and the possible differentiating profiles with specificatio. III. Possible indications related to the preceding beliefs, customs and traditions that may have motivated the change in the assignment of ownership to the painter. IV. Summary reference to some doctrinal comments on the alterations of the text of ІG 2.78, without abrupt changes in substance. V. Specific observations and analysis of the text of Gaius 2. 78: „Tabula picturae cedere“.

More...

Download

КЪМ ВЪПРОСА ЗА ПРИДОБИВАНЕ НА ЦЕННИ КНИГИ НА ПРИНОСИТЕЛ ЧРЕЗ ПРИДОБИВНИЯ СПОСОБ ПО ЧЛ. 78 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА И НЯКОИ НЕОБХОДИМИ ОТГРАНИЧЕНИЯ

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2022

The present article puts an emphasis upon the acquisition of bearer bonds from a non-owner in the context of art. 78, para. 1 of the Law of Property Act. Significant attention is devoted to establishing the content of the notion of “bonds” in order to assess which of the assets fall within the scope of application of the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act. Moreover, the present article aims to compare the means of acquisition applicable to bills of exchange, as established in art. 471, para. 2 of the Commercial Act, with the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act.

More...

4.50 €

Preview

THE IMPACT OF ILLEGAL TRAFFICKING OF MIGRANTS IN THE EUROPEAN UNION

Author(s): Costin David,Andreea Dragomir / Language(s): English Issue: 2/2022

The article aims to investigate the impact of the migration phenomenon in the European Union (EU). It briefly examines the concept of smuggling of migrants and the main routes of illegal migration as well as the measures adopted by the EU institutions, in view of the priorities set by the EU institutions and the Member States, to step up efforts to establish an effective, humanitarian, and safe European migration policy. The article also pays particular attention to the illegal nature of this phenomenon and highlights the multiple and far-reaching implications of the activities surrounding illegal migration which generate and reinforce numerous other criminal activities.

More...

4.50 €

Preview

LIMITATIONS ON THE FREEDOM OF THE PRESS IN THE FACE OF CORRUPTION SCANDALS AS INSTRUMENTS OF QUASI-MILITANT DEMOCRACY IN MALTA

Author(s): Maciej Skrzypek / Language(s): English Issue: 2/2022

In this paper analyses the problem of limiting the freedom of the press in Malta after published leaks about corruption in public administration. A turning point was murdering Daphne Caruana Galizia in 2017, which drew the international community's attention. The study verifies the following hypothesis: after disclosing corruption scandals, the ruling elite decided to use the means characteristic of quasi-militant democracy to limit the freedom of the press against journalists who reported that issue and recognized them as enemies of the state. This measure was used in practice, despite the legal framework that guarantees the protection of this freedom. The level of using quasi-militant democracy means to limit independent media did not decrease after Galicia’s murder, despite pressure made by international opinion. On the one hand, this phenomenon is the effect of solid foundations for legitimizing corruption in domestic policy. Therefore, public opinion did not seek to disclose abusing power by journalists. On the other hand, NGOs' failed efforts to increase the protection of the freedom of the press result from a lack of efficient measures to improve media freedom. Therefore, ruling elites only declared changes to calm down international opinion but, in practice, adopted other, more personal, non-direct restrictions on independent media. I decided to use quasi-militant democracy as a theoretical category to explore the motivations and consequences of limiting the freedom of the press. The paper’s conclusions will be useful in analyzing restrictions against independent media in the name of protecting democratic regimes in semi-consolidated democracy and explaining the reasons behind this phenomenon.

More...

4.50 €

Preview

SLIDING INTO ANARCHY: AN APPRAISAL OF LAWLESSNESS IN NIGERIA AND THE QUEST FOR HUMAN SECURITY

Author(s): Olagoke Oluwafemi Awotayo,Olawale Olufemi Akinrinde,Ewube John Mbeng / Language(s): English Issue: 2/2022

The notion of human security has become a dominant theme in international political discussions. This is partly explained by the fact that the production of arms and ammunition does guarantee security. Economic, food, health, environmental, and personal safety are all components of human security. In Nigeria, the country is grappling with security hitches cutting across the six geo-political regions. Kidnapping, banditry, robbery, murder, and wanton killings are common items in the daily news. More worrying is that, despite huge resources being injected into the defense sector, the Nigerian government seems unable to curb this menace that has been troubling the nation's well-being. The government, security agencies, and intelligence organizations, on the other hand, appear to be caught off guard by the atrocities committed by terrorists, herders, and instances of interethnic violence pointing to the fact that Nigeria is prone to anarchy. Against this background, this paper contextualized the lawlessness in Nigeria with specific reference to human security. The paper employs the qualitative method of data collection that utilizes secondary sources such as newspapers, the internet, and extant scholarly works. Based on findings, the rate at which schools are closing, frequent jailbreaks, rising food prices, citizen apathy toward the government, the obvious inability of the government to uphold its own end of the social contract it made with its subjects, and failure of all security containment strategies are all overt signs of a failing state. It is submitted that there is a need for government to be conscious of its primary goals, which include welfare and the protection of people's lives and property. The article suggests that Nigeria should employ artificial intelligence to combat the threat to the nation's status as a sovereign republic, which is being posed by groups that have taken over the numerous ungoverned spaces that dot the country's territory. Nigeria should also invest in digital learning methods and coordinate its numerous security agencies. The political order, authority, law, and structures must all be rebuilt because they have all fallen apart.

More...

4.50 €

Preview

SOME CONSIDERATIONS ON HOW HUMAN SECURITY HAS BEEN AFFECTED BY THE COVID-19 PANDEMIC, WHICH HAS BROKEN HUMAN LIFE, FREEDOM, AND DIGNITY (PART I)

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: 2/2022

Today we are experiencing a deep crisis in society, accentuated by the pandemic with this Coronavirus, but chronicled and accentuated by the gloomy prospects after the end of the plague. What is happening is not at all proof of the lucidity of the world, no testimony of solidarity, and no proof of vigilance in the service of universal values. What is happening is simply evidence of gross manipulation, produced against the background of the lack of education and culture of the population. Everyone who goes to a serious school and accumulates enough knowledge of general culture - not necessarily historical - knows that each historical epoch has its own values and prejudices. Many times, what had been perfectly moral and legal in the past had become immoral and illegal in newer times. Of course, over time things have changed gradually, in stages and now the pandemic, artificially created and premeditated, has profoundly affected human security with the immediate consequence of altering life, dignity, rights, and fundamental freedoms, the rule of law being on the verge of dissolution. How did you get here and what to do, here are the questions that this study is trying to answer.

More...

Download

SERVUS VILICUS AS INSTITOR

Author(s): Mirjana Miškić / Language(s): English Issue: 2/2022

Servus vilicus was slave placed at the head of a Roman villa rustica. The main sources in which we learn about the content of the duties and the powers of the vilicus are provided by Columella, De re rustica, I.8, XI.1, and XII.1, Varro, De re rustica, I. and the Cato, De agri cultura, CXLII–CXLIII. Having in mind that legal framework of his occupation is pretty unknown, it is justified to ask a question: was he (or maybe she) the institor? In the Digest, we find only the incidental remark that anyone appointed to cultivate the land may be considered as an institor (D.14.3.5.2). In addition, the institor was primarily engaged in trade, while the vilicus performed a wide range of the work. Beside that fact, vilicus was not exclusively engaged in agriculture, but also in some state services, which makes this notion even more complex and contradictory. However, the main question remains to be answered, whether the servus vilicus was a person who also legally obliged his master or his job was reduced to the actual management of the property?

More...

Download

LA CONFERMA DELLA CONSUETUDINE DELLA PROVINCIA NEI GIUDIZI RESI IN CONTRADDITTORIO

Author(s): Petruţ-George Bran / Language(s): Italian Issue: 2/2022

Starting from a fragment from Ulpian (D. 1.3.34), the present paper aims at presenting other ancient sources and explore if provincial custom was accepted as / considered a self-standing source of law or if it was necessary for it to be confirmed in contentious proceedings. The research also presents the relations between custom and law.

More...

Download

IL CULTO DI AUGUSTO- QUIRINUS NELLE PROVINCE

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2022

After the military victory and the conquest of the whole Empire, Augustus renforced his power through a large religious programm, to show that not only men, but also the gods were now in peace and all together engaged to ensure the glory of Rome. He presented himself as the new conditor, after Romulus, and had the idea to call himself Romulus or Quirinus (the divine transfiguration of the first king). An official cult of the emperor did not rise, for political caution, and in the several provinces, the consideration of the princeps took different forms. In some of the Eastern provinces people were allowed to look at him as a god, but generally, he had a different role: he was more powerful than a simple god.

More...

Download

UNPACKING GENDER DYNAMICS IN ALBANIAN JOURNALISM: A POST-COMMUNIST PERSPECTIVE

Author(s): Jonila Godole / Language(s): English Issue: 2/2023

This study provides evidence of the challenges faced by women journalists in Albania after the fall of communism based on a nationwide survey of 295 journalists. Despite an increase in the number of women journalists, their emancipation in journalism is not necessarily implied. Women journalists tend to be confined to reporting on “soft news” sections or cultural and social topics, reinforcing traditional gender roles. Many women journalists conform to societal expectations and adopt gender stereotypes to exert influence while facing obstacles such as a male-dominated hierarchy, self-censorship, and pressures from family and editorial supervisors. Female journalists who make a name for themselves often cover male-dominated topics, following a masculine logic to gain respect and struggling to maintain their femininity. The study sheds light on the challenges and complexities women journalists face in Albania, providing insights into the gender dynamics within the media industry.

More...

Download

Terrorist Crime in the Polish Legal System (until 2004)

Author(s): Robert Bobkier,Piotr Herman / Language(s): English Issue: 2/2023

In this article, the authors attempted to analyze the regulation of terrorist offenses in the provisions of Polish law before the entry into force of the amendment to the Criminal Code of 2004, which introduced the legal definition of such offenses in Article 115 Paragraph 20. It is believed that until the beginning of the 21st century, Poland had no legislation strictly aimed at combating terrorism. In the legal system of the Second Republic of Poland, the issues of terrorism were completely ignored. The article analyzes the legal acts implemented after the Second World War, after the communists seized power, reconstructing the chronological order of legal language from the concept of ‘terrorist occurrence’ (1945) through the ‘terrorist act’ (1946) to the ‘terrorist attack’ (1951), concluding that in the years 1952-1970 the term ‘terrorist attack’ had a legal definition in Polish law. Since 1970, the definition gap has made the semantic scope of the concept of ‘terrorist attack’ or ‘terrorist act’ unclear in the 1969 and 1997 Criminal Codes. Despite the lack of a statutory definition of a terrorist offense until 2004, there was a belief in the literature that Polish criminal legislation is sufficiently adapted to the need to combat the manifestations of terrorism. The Republic of Poland, adapting its provisions to international law requirements, finally introduced in 2004 the definition of terrorist offenses to the Criminal Code of 1997.

More...