Keywords: Centre for Advanced Study; CAS; CAS-Sofia; Newsletter; CAS Newsletter; CAS Newsletter 2002
Articles, pictures and interviews can be reprinted only with the consent of Centre for Advanced Study Sofia (CAS - Sofia). Any citations should be duly acknowledged.
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Keywords: Democracy; human rights; political system; politics and law; constitutional law; political freedom;
Benjamin Constant kdysi ve slavné přednášce rozlišil dva druhy svobod: na jedné straně stojí svoboda starých spočívající „v kolektivním, a přitom přímém výkonu určitých částí suverénní moci, ve veřejném projednávání války a míru, v uzavírání spojeneckých smluv s cizinci, v hlasování o zákonech, ve vyhlašování rozsudků, ve zkoumání činnosti úředníků, v odhalování jejich činnosti před celým lidem, v možnosti jejich obžaloby, odsouzení či zproštění viny“ [Constant 2006: 79 an.]. Na druhé straně je pak svoboda moderních, jejíž podstatou je poklidné užívání individuální nezávislosti. V antice byl jedinec téměř vždy suverénem ve veřejných záležitostech, zároveň byl však otrokem v soukromých vztazích. Zatímco pro staré bylo soukromé jednání podřízeno přísnému dohledu, prvotní potřebou moderních národů je nezávislost jednotlivce, a proto po nich nelze žádat, aby tuto nezávislost obětovaly politické svobodě [Constant 2006: 90].
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Keywords: kinship; ghosts; spirituality; copulation; procreation
The paper discusses the social constructing of kinship in the context of the new monography of Trobriand theory of kinship and magic (Mosko 2017). In essence, Mosko does not contradict Malinowski’s narrative but enriches it with new data and new theory reformulating the old Lucien Lévy-Bruhl theory of participation. As a result, three important changes are introduced: (1) instead of negation of physiological fatherhood the physiological (but different than in the commonly assumed) cooperation of father in procreation by mother is acknowledged; (2) the body is permeated with spirit instead of opposition; (3) masculinity and feminity are intermixing in both mother and father. The Trobriand theory is then compared with the Christian theory of procreation that includes not only the parthenogenesis but also the spiritual fatherhood of Joseph as well as divine fatherhood, and allows for the development of spiritual and divine kinship. The fatherhood independent of the physiology of procreation and genetics is the social fact as is the motherhood and kinship in general. This is overlooked by critics of the gender theory who, defending the naturalist concept of kinship, undermine its metaphysics.
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Keywords: monarchy; medieval history; medieval society; Sławomir Gawlas
The volume contains 32 studies on the history of the full and late Middle Ages, dedicated to the outstanding Warsaw medievalist Prof. Sławomir Gawlas on the occasion of his jubilee. The works of Polish and foreign historians collected here, mostly in the chronological range from the 12th to the beginning of the 16th century, reflect the broad spectrum of the Jubilarian's research interests. Among them, particular attention should be paid to the issues of the social system and its medieval transformations, legal systems, economy and history of cities, as well as various forms of social identity and political culture of the middle ages.
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Keywords: Naqlun; laura; prosopography; bishop Nikolaos; monastic administration
The present contribution explores the organisation of the monastic community at Naqlun in the 6th and 7th centuries. It starts with an overview of the sources and proceeds to a prosopography of various figures from the Naqlun community attested in the evidence. The concluding section is devoted to a brief synthesis of our current knowledge of the community structure and its development before the Arab conquest.
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Keywords: changes in CCP; executive session; reasonable time
The subject of the article is the follow-up of the current issues related to the finding by the courts of various instances in the country of omissions in the activity of the prosecutor’s office in the preparation of the indictments and the possibilities for their correction. The latest trends in the case law of the Republic of Bulgaria in the cases of the prosecution returned on this basis have been followed.
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Keywords: value of human capital; goodwill; division into social classes; financial statements
This article aims to introduce the concept of the value of human capital from both the historical and economic side. The impact of socio-economic changes primarily concerns people, their contribution, the impact on the quality and manner of their work, and thus on the value of human capital. Observations of changes, the development of technology, but also the strong influence of knowledge and education caused the division of social classes. The value of human capital has become an important factor of the “new economy”, where ultimately the science of accounting adds it to the balance sheet category of intangible assets. The article presents the main methods of calculating the value of human capital and their limitations. In addition, it aims to raise awareness of the contribution of work performed by each employee and its impact on the value of the company.
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Keywords: indirect claim; derivative claim; insolvency; trustee; liquidator; receiver; creditor; shareholder; insolvency estate
The study examines the question which claims can be qualified as claims for filling the insolvency estate and introduces two criteria – subjective and objective. According to the subjective criterion, only the claims that can be issued by the trustee in bankruptcy and in the cases provided by law by a bankruptcy creditor should be defined as claims for filling the insolvency estate. According to the objective criterion – a claim for filling the insolvency estate is anyone who could lead to an increase in the property of the insolvent company. In this connection, the question of whether indirect claims in insolvency proceedings are admissible and what risks this poses to creditors is considered. The question of the conditions under which de lege ferenda indirect claims could be admitted was also considered.
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Keywords: complaint; protest; regularity; contestation
The observance of the requirements for regularity of the complaint and the protest in contesting the administrative acts in the administrative court proceedings are important for the proper referral to the court. The Administrative Procedure Code sets legal requirements for the formulation of the complaint and the protest, the observance of which will make these legal remedies suitable for initiating the administrative court proceedings. In the provision of art. 150 of the APC lists the requisites of the complaint and the protest, and in Art. 151 of the APC, the annexes thereto. Everything in its entirety leads to their regularity. It depends entirely on the disputant / prosecutor how and in what way they will be prepared, and what the consequences will be.
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Keywords: Albanian Diaspora; Arbëresh; Arbëresh Traditions; Siege of Coron; Migration; Music and Migration;
This is one of the best-known songs of the Albanian diaspora (the Arbëresh) in Italy. The song lyrics are replete with homesickness for a land which was left and is never to be seen again. Curiously enough, this land is Morea, in the south-west of the Peloponnese in Greece. The name Morea is connected with the exodus of the Arbëresh to southern Italy and Sicily after the fall of Koroni to the Ottomans during the Siege of Coron, 1532–34. The question is, why has this particular song become a symbol of the exodus for this diaspora? The answer lies in the visible and non-visible parallel worlds of the song as well as those projected into it. These will be the main focus of this article. The first mention of the song is in 1775, though the metric structure indicates an older origin. Arbëresh intellectuals and priests have provided important information about the customs and rites of which the song has been part and, despite their romantic view, they have helped scholars to recognize the magical-religious context from which the song originated and how it has been transformed to the “nostalgic hymn” known and performed today also among Albanians in the Balkans.
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Keywords: bilateral sales promises; pre-contract; COVID-19 pandemic/SARS-COV-2 virus; high housing prices; non-fulfillment of bilateral sales promises (breach of the contract); termination clause;
This article examines the issues related to non-fulfillment of bilateral sales promises (breach of the contract) or an execution that does not meet the expectations of the promising buyer, closely related to the economic impact of the COVID-19 pandemic, the uncertainties regarding the security in Ukraine and, especially, in correlation with the issues related to the increase in real estate prices, which causes some real estate developers to stop executing pre-contracts or to ask for increased prices, according to the current requirements of the real estate market. In addition to the need for the promising buyer to be informed in advance and to understand the content of the concluded pre-contract, the article analyzes aspects regarding the situations in which the pandemic can be considered to meet the conditions to represent force majeure or to apply the theory of imprevision. The article highlights the solutions that the promising buyer has in case of non-execution of the bilateral sales promises by the promising seller, analyzing also aspects regarding the termination clause (which gives the parties the right to unilaterally terminate the contract in exchange for a sum of money) and the penalty clause from the pre-contracts.
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Keywords: economic nationalism; Czechoslovakia; Ostrava-Karviná Coal Basin; national minorities; industry
The Ostrava-Karviná Coal Basin was a crossroads of Czech, Polish and German cultures. In the times of Austria-Hungary, local industrial enterprises were owned by Germans and most of the leading positions were filled by German specialists. Since the 19th century, Czech engineers and technical staff had been pouring into the region. The working class in the eastern part of the region was mostly Polish, in the western part – mostly Czech. After the fall of Austria-Hungary in the years 1918–1920, Czechoslovakia obtained the whole territory of the coal basin. Among Czech engineers, clerks, technical staff and nationalist organizations there was a strong mood against German domination in the industry. They perceived it as a historical remnant of Habsburg dynasty’s rule and demanded to recruit Czech specialists only and to strengthen the influence of Czechs. The state administration supported these efforts, in spite of them being at variance with the protection of ethnic minorities guaranteed by law. Another opportunity to strengthen Czech influence was given during so-called nostrification of foreign (mostly Austrian) companies. Economic nationalism, however, was often used to the benefit of particular interests. Poles were mostly workers or peasants. The strengthening of Czech positions in the industry resulted in efforts to assimilate the Polish workers by using economic pressure to force them to join Czech organizations and send their children to Czech schools.
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Keywords: Ivan Cvitković; sociology; religion; books; norms; customs;
U sociologiji religije klasična religioznost određuje se kao jedinstvo religiozne svesti i religioznog ponašanja i udruživanja. Uz deklarisanje u religijskim terminima, neophodno je i na propisan način obavljati obrede i redovno prelaziti prag hrama (Blagojević 2005: 63). Odbacuje se subjektivna religioznost bez crkvenosti, budući da većina verskih struktura zahteva pravovernost iskazanu i kroz svakodnevno praktično potvrđivanje verničkog statusa (Đorđević – Todorović 2001: 157).
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Keywords: terrorism; foreign fighters; Syria; ISIL; BiH;
This chapter looks into the key trends and patterns in globalization of terrorism and how they may affect Bosnia and Herzegovina (BiH), and the Western Balkans. The most obvious link to such developments over the last few years (2012-2016) was the foreign fighter phenomenon, namely departures of Bosnians to the civil war in Syria, and later Iraq. The returning war veterans, those who failed to join them and have instead stayed at home, as well as the ideology that they had all been radicalized and recruited on, must be considered as key elements in any terrorist threat assessment in BiH. While departures from BiH to Syria and Iraq have gradually ceased and eventually stopped in 2016, the underlying ideological narrative that had motivated dozens of foreign fighters is still very visible and viable in BiH. On the other hand, Bosnian society seems passive and reluctant to respond to challenges posed by this radical ideology. Dysfunctional state, and its failing society could therefore conduce terrorism, leaving law enforcement agencies and judiciary as its last line of defense.
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Keywords: air transport; safety; air transport safety; aviation code of Ukraine; civil aviation of Ukraine; legislation of Ukraine
W tekście omówiono zagadnienia dotyczące bezpieczeństwa transportu lotniczego regulowane przez ustawodawstwo Ukrainy.
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Keywords: Yongle Northern Canon; Dragon Canon; literary inquisition; Kanjur; Emperor Yongle; Emperor Yongzheng
China has produced more than 18 editions of the Buddhist canon since the Song Dynasty (960–1279). This paper focuses on the Yongle Northern Canon prepared in the years 1421–1440 and 1584 and the Dragon Canon engraved in the years 1735–1738. Both canons were court editions. They were initiated, sponsored, and supervised by the imperial court. Chinese emperors, usually holding absolute power, had their decisive say on the fate of any scripture – i.e., whether it was to be included in the canon or excluded from it. Compilations of the Buddhist canon are one of the examples showing how emperors would select Buddhist works at their will. The paper addresses a number of issues: why did emperors include scriptures they preferred? Why did they remove works already in the canon? How did they control Buddhism and make it instrumental, particularly in the production of the Buddhist canon? What were the consequences of adding or removing scriptures? How do we evaluate Buddhist canonicity, authenticity, authority, and apocryphal activity?
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Keywords: jews; Roman governance
The article considered some aspects of the legal situation of the jews in the Roman Empire. Their hstory no different from the history of other small nations lost their independence. The jews turned to Rome for support and refuge from the Seleucids, but fall into the trap of roman political domination. During the roman governance the periods of mutual tolerance and fierce wars, tax and social pressure and relative prosperity alternate. with inherent Roman interference in the internal affairs of depended peoples, Rome demonstrate tolerance towards religious customs and justice in the jewish community.
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