Search results for: Gerhardt Csejka in All Content

Woman and the Magdeburg law system from the town of Žilina

Žena v systéme Žilinského magdeburského práva

Author(s): Michal Bada / Language(s): Slovak / Publication Year: 0

Keywords: Slovakia; Žilina; women; Magdeburg law; middle ages;

The author uses an example of the Magdeburg law system from Žilina (ŽMP) for the analysis of the position of women in a medieval law system. Legal options and boundaries for women determined 'ways of their survival' and were reflected in 'a legal atmosphere' of the past. The medieval town offered two different 'legal statuses' for both sexes. The Magdeburg law (Sachsen spiegel) dates back to the second half of the 12th century. It spread rapidly throughout Europe during the first half of the 13th century. Žilina used the law of the town of Tesin (Flemish law), but was ordered by the king in 1369 to change to the Magdeburg law, as used in the town of Krupina. Under the influence of slovakization of Žilina the text of the Magdeburg law was translated into slovakized Czech (i.e. Czech with numerous Slovak elements). The articles that concern women, apart from those that touch upon them only marginally, can be divided into two basic groups - dealing with criminal punitive and hereditary issues. Women in ŽMP did not have full rights. They formed a special group of the urban environment and their status was formed by protective as well as some restrictive regulations. For example they could not carry an arm, during the court trial they had to have more witnesses than men and they could personally witness in court only in cases of rape and debts. On the other hand, they were protected during the pregnancy even if condemned and while taking an oath they were allowed to sit if they were not physically fit. There are detailed instructions concerning murders and lethal injuries or physical damages committed by women in ŽMP. In addition, the law deals with legal position of illegitimate children. The most numerous are articles about the family law, marital property issues and hereditary process. A woman gained by marriage the same legal position as her husband. Though the marital property was considered joint, it was the husband who was in charge of it. An interesting feature of marital property rights was the phenomenon of paternal property. It was called vater halbe (paternis in Latin) and there is a maternal equivalent for that in ŽMP - maternis. There were precise rules as to what property belonged to the wife and what to the husband and which part of it should go to her and his relatives after their death. In court hereditary cases there was an institution of a special speaker „vor munde", who had a joint role of women's (but also of children and of men over 60) defender and personal legal representative. This role was usually fulfilled by her husband, father or other male relative over 21 years of age. Records in town protocols mostly concern wealthy and prominent families and testify that the complicated ŽMP hereditary system was really used in practice. From the end of the 15th century husband and wife could use testamentary freedom and form their last wills in front of town magistrate. This right can be seen as emancipation of married couples and their liberalization from the family ties.

Considerations Regarding the Role of Jurisprudence as an Instrument of Expression and Dissemination of Legal Culture in The Romanian System of Law

CONSIDERAȚII PRIVIND ROLUL JURISPRUDENȚEI CA INSTRUMENT DE EXPRIMARE ȘI DISEMINARE A CULTURII JURIDICE ÎN SISTEMUL DREPTULUI ROMÂN/

Author(s): Claudiu Ramon Butculescu / Language(s): Romanian / Publication Year: 0

Keywords: legal culture; jurisprudence; source of law; legal theory; normative system;

This paper synthetically addresses certain issues regarding the interaction between jurisprudence, seen as a sub-system integrated within the system of the sources of law and legal culture, seen a sub-system integrated into the normative social system. In legal theory, jurisprudence is categorized as a source of law. In some systems of law, it is considered a principal source of law, while in others we find it as a secondary source of law. Its role as a source of law becomes more and more important in the actual context of European Law, which embodies both characteristics of continental law and common-law. Through jurisprudence, certain aspects of the law that are lacunary or ambiguous are clarified, although jurisprudence represents itself an instrument of expression and dissemination of legal culture. Legal culture represents an essential concept of law in its own right, pertaining to legal theory, although it has not completely defined neither in Romanian specialized literature, nor in foreign literature. The purpose of this study is to answer to the following question: are there any relevant relations or interactions between legal culture and jurisprudence? If the answer to the aforementioned question is an affirmative one, the second question to which this study will try to answer is: what are the characteristics of the relations and interactions between the legal culture and jurisprudence? The analysis of the interactions between jurisprudence and legal culture could represent a starting point for studying the ways in which legal culture is expressed and disseminated in the Romanian system of law.

Hidden parallels transformation research and European studies in dialogue

Hidden parallels transformation research and European studies in dialogue

Author(s): Timm Beichelt / Language(s): English / Publication Year: 0

Keywords: hidden parallels;transformation research;european studies;dialogue

Scientists often distinguish three groups of countries in the post-socialist area. The hub of the first group is Russia, the country that – as a self-contained entity – has often been a core subject of the traditional so-called ‘East European studies’. In spite of all the difficulties following the demise of the Soviet Union, the political leaders of Russia managed to maintain strong ties with a small circle of states (e.g. with Belarus or Kazakhstan). The second group is comprised of the countries of East Central Europe (that is the Baltic states, Poland, Czech Republic, Hungary, and Slovakia) which, slowly but surely, have stopped being the subject of interest of East European studies. Their membership in the EU and their political aversion to Russia has led to the situation whereby the most important coordinates of their political development are being determined in Brussels and in cooperation with the other members of the EU.

“The blood of patriots and tyrants”: the motif of violence in the novels of the American patriotic-constitutional trend

„Krew patriotów i tyranów”: motyw przemocy w powieściach amerykańskiego nurtu patriotyczno-konstytucjonalistycznego

Author(s): Eric Starnes / Language(s): Polish / Publication Year: 0

Keywords: Revolution; Constitution of the United States; justified violence; shame;anger;

The article discusses the problem of violence as a specific genre of American literature – the so-called “patriotic”, or “constitutional” novels. The intention of these novels is to issue a warning against the dangers of allowing the ideas of left-wing progressives, known in these novels as ‘left-wingers’, ‘socialists’ and ‘progressives’, to be rooted in American society. According to the authors of the constitutional novels, if the left wing occupies a place in society, there is a danger that the freedoms guaranteed by the Constitution of the United States will be inhibited, and thus the constitutional rights of all Americans will have to be defended by the constitutional patriots. Violence appears to be a natural form of defence against the potential loss of any freedoms, of which the first two amendments to the United States Bill of Rights have particular value for constitutional patriots: freedom of religion and the right to keep and bear arms. The actions to defend these rights described in the novels under consideration are presented as a struggle for justice and equity. Given that the United States was built on the foundation of violence (American Revolutionary War) and that since colonial times brutal revolts have regularly accompanied life on the western border, it can be said that violence is an integral part of American national identity. The article explores the issue of violence on the western border (frontier), and also discusses selected novels referring to the subject of armed uprising against overly far-reaching government or left-wing agitators. The analysis of the phenomenon of violence in these contexts includes the theories of forensic psychiatrist James Gilligan on the causes of violence and social psychologist Thomas Scheff on shame and the cycle linking shame and anger.

Documentation of Time 1956 / 113

Dokumentation der Zeit 1956 / 113

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

On questions of contemporary history // W. Bartel: On contemporary history teaching // H. Löser: Ten years of the German Institute for Contemporary History // The meeting of the Political Advisory Committee of the States participating in the Warsaw Treaty in Prague (January 27 and 28, 1956) // Declaration of the participating states of the Warsaw Treaty (January 28, 1956) // The correspondence between NA Bulganin and President Eisenhower // Agents of the monopolies stopped working (with picture documents) // American balloon provocations endanger air traffic in Europe // SPD congress in Cologne swings to Adenauer policy — — — — Zu Fragen der Gegenwartsgeschichte // W. Bartel: Über die zeitgeschichtliche Lehre // H. Löser: Zehn Jahre Deutsches Institut für Zeitgeschichte // Die Tagung des Politischen Beratenden Ausschusses der Teilnehmerstaaten des Warschauer Vertrages in Prag (27. und 28. Januar 1956) // Deklaration der Teilnehmerstaaten des Warschauer Vertrages (28. Januar 1956) // Der Briefwechsel zwischen N. A. Bulganin und Präsident Eisenhower // Agenten der Monopole wurde das Handwerk gelegt (mit Bilddokumenten) // Amerikanische Ballon-Provokationen gefährden den Luftverkehr in Europa // SPD-Kongress in Köln schwenkt auf Adenauer-Politik ein

Documentation of Time 1956 / 114

Dokumentation der Zeit 1956 / 114

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

Look into the present // XX. Congress of the Communist Party of the Soviet Union // The State Budget 1956 of the GDR // Correspondence between the ambassadors of the Western powers and the Ambassador of the USSR, Pushkin, about the combat groups in the GDR // Abuse of church facilities in the service of NATO // Life of a German patriot: Dr. Julius Hahn // 155 members of the SED wrote to the members and functionaries of the SPD // The relative and absolute impoverishment of the working class in West Germany (with photo report from “Der Stern”) // The background to the disciplinary measures by Dr. Agartz, Pirker and Dr. Horn (message from the press office of the federal executive committee of the FDGB) // The land reform not carried out in Lower Saxony — — — — Blick in die Gegenwart // XX. Parteitag der Kommunistischen Partei der Sowjetunion // Der Staatshaushaltsplan 1956 der DDR // Briefwechsel zwischen den Botschaftern der Westmächte und dem Botschafter der UdSSR, Puschkin, über die Kampfgruppen in der DDR // Missbrauch kirchlicher Einrichtungen im Dienst der NATO // Das Leben eines deutschen Patrioten: Dr. Julius Hahn // 155 Mitglieder der SED schrieben an die Mitglieder und Funktionäre der SPD // Die relative und absolute Verelendung der Arbeiterklasse in Westdeutschland (mit Bildbericht aus „Der Stern“) // Die Hintergründe der Maßregelung von Dr. Agartz, Pirker und Dr. Horn (Mitteilung der Pressestelle des Bundesvorstandes des FDGB) // Die nicht durchgeführte Bodenreform in Niedersachsen

Frege as a hermeneut

Frege jako hermeneuta

Author(s): Wolfram Hogrebe / Language(s): Polish / Publication Year: 0

Keywords: Gottlob Frege; hermeneutics; semantics; meaning; radical comprehension; courtesy-based comprehension; entgegenkommendes Verstehen; presumable meaning

The author reveals the final period of Gottlob Frege’s philosophical activity to be that of a hermeneutical thinker. His logic, semantics and philosophy of language are beloved by analytical philosophy. However, Frege explored several types of comprehension, including implicit, guessing and creative comprehension. According to his hermeneutical propedeutics, the so-called „protreptic” elucidation will be required when our mind faces nondefinable primitive terms. Defining them results in nonsense (kommt Unsinn heraus). Hence we have to find another way to their meaning, either based on „good will” and „courtesy-based” interpretation (entgegenkommendes Verstehen). Also first language acquisition requires „radical comprehension” from preverbal infants. The author compares corresponding approaches in Frege and Quine, and delivers a systematic overview of Frege’s late theoretical attempts.

Documentation of Time 1959 / 194

Dokumentation der Zeit 1959 / 194

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

Keywords: Geneva Conference of Ministers of Foreign Affairs; 10 years GDR; nuclkear energy in GDR; Antisemitism in West-Germany; Letter of German Communist Party to Adenauer; non-aggression pact GDR-West-Germany; Security in the Balkans;

Friendship visit of a party and government delegation of the GDR in the USSR (June 8-20, 1959) // Geneva Foreign Ministers Conference (IV) // Chronicle (June 8-20, 1959) // 10 years of the GDR - 10 years of economic growth (Statistical materials - III) // The peaceful use of nuclear energy in the GDR // Bonn terror-justice in the wages of German militarism // Anti-Semitism - now again against non-Jews. // Rent increase and elimination of tenant protection. // French concentration camps in Algeria // Communiqué on the friendship visit of a party and government delegation of the GDR to the USSR (June 8 to 20, 1959) // Letter from the KPD Central Committee to Chancellor Adenauer (June 2, 1959) / / Documents from the Geneva Foreign Ministers Conference: Speech by Foreign Minister Dr. L. Bolz with the approval of the Soviet Berlin proposals (June 10, 1959) // Draft non-aggression pact between the GDR and the Federal Republic (June 19, 1959) // Declaration by the GDR delegation to interrupt the conference (June 20 1959) // Memorandum of West German intellectuals to the Geneva Foreign Ministers Conference (June 9, 1959) // Declaration by the USSR on security issues in the Balkans (June 25, 1959) // CHRONICLE June 15-30, 1959

Documentation of Time 1960 / 217 – Scientific Supplement »Contributions to Contemporary History – 1960-03«

Dokumentation der Zeit 1960 / 217 – Wissenschaftliche Beilage »Beiträge zur Zeitgeschichte – 1960-03«

Author(s): Rolf Stöckigt,Karl Blöcher,Heinz Sebastian,Waldemar Verner,Fritz Holzapfel,Wernfried Kobosil,Hans Maur,Horst Westphal / Language(s): German

Keywords: German Democratic Republic; History of GDR; Cold War History; German division;

CONTENTS: Karl Blöcher: On the alternatives for our national problem. On the people's plan for Germany // Roll Stöckigt: The peasants of the German Democratic Republic took warning from the history of the German imperialism and militarism // Heinz Sebastian: The immediate aid of the working class of the district of Rostock in the socialist remodelling of the agriculture // Waldemar Verner: The aggressive designs of the German militarism after World War II // Fritz Holzapfel: The Volkswagenwerk (people's car factory) - stronghold of capitalistic sweating and social demagogy // Wernfried Kobosil: West German disfigurations of history in behalf of the hearings of the anti-Hitler coalition on the postwar policy in Germany (1941 - May 1945) // MISCELLANEOUS: Hans Maur: About some publications on the history of the local workers' movement on the occasion of the tenth anniversary of the foundation of GDR // REPORTS: Five years of Treaty of Warsaw - a contribution to the inquiry into current history, Josef Glaser / Horst Westphal // REVIEWS: Karl A. Mollnau, Out of the debt register of the political Catholicism. An anticlerical unmasking document. Dietrich Zboralski // Max Weber, Collected political papers. Janis Schmelzer // Michael Balfour, Four-Powers-Control in Germany 1945-1946. Horst Schützler // PERIODICALS IN REVIEW

goEast - 11th Festival of Central and Eastern European Film

goEast - 11. Festival des mittel- und osteuropäischen Films

Author(s): Hans-Joachim Schlegel,Grit Lemke / Language(s): English,German

Keywords: festival;catalogue;film;

Jacques le Fataliste and his literary adventure

Jacques le Fataliste et son aventure littéraire

Author(s): Cristina Poede / Language(s): French / Publication Year: 0

Keywords: irony; digression; clichés; metadiscourse; Diderot’s strategies; I.L. Caragiale;

Jacques le Fataliste by Diderot represents an original reply to Laurence Sterne's novel, The Life and Opinions of Tristram Shandy. The author resorts to a multiplicity of points of view, to the narrative solution of the interior stories and of the puzzle, while illustrating his remarks on the abstract game of destiny and free will. Throughout his (anti) novel, Diderot implements new strategies of irony destined to the reader (mechanisms of destabilization and misguidance, narrative leaps, exasperating digressions), to the conventions of the genre (revelation and disqualification of sentimental novel clichés) and to social conventions (criticism of bigotry and fatalism). An ironic pact of reading is thus established; these ingenious procedures of rewriting will seduce the Moderns, from Unamuno to Kundera. In Romanian literature, I.L. Caragiale practiced dialogical writing and the game of narrative virtualities. In the end, the reader has to rethink the literary space and to establish surprising intra-narrative complicities. The legacy of Diderot will include this biting irony of the author who, while attacking literary clichés, cultivates parody, counter-fiction and metadiscourse.

THE MONTH. Year 18, 1966, Issue 216

DER MONAT. 18. Jahrgang 1966, Nummer 216

Author(s): Johannes Gross,Fritz J. Raddatz,Peter Schmid,Theodor W. Adorno,Ernst Bloch,Max Rychner,Gershom Scholem,Stanisław Ignacy Witkiewicz,Witold M. Gombrowicz,Joachim Kaiser,Hans Egon Holthusen,Wolfgang Werth,Claus Michael Naether,Bruno Friedrich / Language(s): German

The surviving Jewish inhabitants of Cluj, Carei and Oradea. The survey of the World Jewish Congress in 1946

Kolozsvár, Nagykároly és Nagyvárad zsidó túlélői. A Zsidó Világkongresszus 1946-os észak-erdélyi felmérése

Author(s): Attila Gidó,Zsuzsa Sólyom / Language(s): English,Hungarian

Keywords: World Jewish Congress; 1946; Holocaust period; Jewish survivors;

The Romanian Section of the World Jewish Congress (henceforth: WJC) conducted a national survey among the Jewish survivors of the Holocaust in 1946. The objective of the survey was to assess the human and material losses and record the grievances suffered by the surviving Jewish population. In addition to this the statistical data gathered was intended to serve as a basis during the negotiations of the Peace conference ending World War II and for compensation claim. This study analyses the survey and its results regarding three towns from Northern Transylvania (Cluj, Carei and Oradea) which belonged to Hungary during the Holocaust period.

The Referendum as an Object of Constitutional Control

Референдумът като обект на конституционен контрол

Author(s): Radoslava Yankulova / Language(s): Bulgarian / Publication Year: 0

Keywords: constitutional control; referendum

At the beginning of the present scientific work, a comparative overview of the system of constitutional control is made. The actual part of the presentation examines the Bulgarian model of constitutional control over the referendum.