Magna Carta: Disentangling History from Myth in Russia

Magna Carta: Disentangling History from Myth in Russia

Author(s): Dmitry Poldnikov / Language(s): English / Issue: 2/2015

Keywords: Magna Carta; Russian legal science; liberal interpretation; Marxist interpretation; reception of liberal values; human rights; rule of law; constitutionalism

This article commemorates the 800th anniversary of the Great Charter (Magna Carta) by reviewing the its study in Russia during the late imperial, soviet and contemporary periods. First, it gives an overview of the key publications and their topics arranged chronologically, second, it examines the interpretative paradigms, third, it presents the results of interpreting Magna Carta as a historic(al) document and as a myth in legal history. It is shown that the distinction between the historians' and the lawyers' interpretation of Magna Carta has not been clearly drawn in the past, and even today it is contingent upon the dominant ideology embraced by the researchers.

The Funds for the Execution of Obligations (Contract) according to the Albanian Customary Law

The Funds for the Execution of Obligations (Contract) according to the Albanian Customary Law

Author(s): Katrin Treska,Engjell Likmeta / Language(s): English / Issue: 2/2015

Keywords: Customary law; Albanian Canons; Obligations; Pledge, Earnest; Escrow

In this paperwork will be laid for discussion the question which constitutes even the fundamental issue of this paperwork: which were the main tools for the execution of obligations according to Albanian customary law? What was the meaning and their role in relation to other norms of civil nature in the Canon? The main sources of Albanian customary law were: Canon of Lek Dukagjin, Canon of Skanderbeg, Canon of Dibra, Canon of Benda, and Canon of Laberia. In this paper will be analyzed those means sanctioned in the Canons applied in Albanian territories and used to ensure the fulfillment of obligations in civil relationships. The Albanian customary law provided that obligations were executed voluntarily and precisely. This meant that, in general, the obligations arising from a contractual relationship, were executed and fulfilled on time, in the manner specified literally in the contract, and in the right quality, even though the main form of concluding a contract at that time was the verbal one. The main tools for the execution of obligations under the Albanian customary law were: the bail (escrow), the earnest, the pledge. In this paper will be taken into analysis the provisions about these tools in the Canon of Lek Dukagjin, Canon of Skanderbeg, Canon of Dibra, Canon of Benda, and in the Canon of Laberia.

Warsaw’s Polish-Jewish Topography. Ringelblum’s Contributions to Warsaw History

Polsko-żydowska topografia Warszawy. Z pism varsavianistycznych Ringelbluma

Author(s): Paweł Fijałkowski / Language(s): Polish / Issue: 04/2015

Keywords: history of Warsaw; street names; Polish-Jewish relations; urban growth

Introduction to the text "Warsaw Street Names" by Emanuel Ringelblum

Warsaw Street Names

Nazwy warszawskich ulic

Author(s): Emanuel Ringelblum / Language(s): Polish / Issue: 04/2015

Keywords: history of Warsaw; street names; Polish-Jewish relations; urban growth

Emanuel Ringelblum not only studied the past but also sought to spread the knowledge of it. He wanted the Poles to get to know the history of the Jewish community, while also making the Jews aware that they should know the legacy of the country in which they live. This must have been the reason for writing an essay about “The Names of Warsaw’s streets”, through which he wanted to tell the Jewish inhabitants of the city about the history of the capital city’s streets and the origins of their names. As he was writing it, he used information taken from works by other authors as well as the findings of his own studies.

Treasure Trove in Roman Law, in Legal History, and in Modern Legal Systems. A Brief Summary

Treasure Trove in Roman Law, in Legal History, and in Modern Legal Systems. A Brief Summary

Author(s): Ivan Siklósi / Language(s): English / Issue: 2/2015

Keywords: treasure; treasure trove; pecunia; monile; mobile; naturalis aequitas; droit écrit; droit coutumier; “public law” approach; “public law” elements

In our study, the problems of regulation concerning treasure trove in Roman law and in its subsequent fate have been investigated. First of all, the Roman law regimes of treasure trove have been analysed with special regard to the famous text from Paul (D. 41, 1, 31, 1) in which the original, classical, influential, but strongly discussed definition of treasure can be found. After research in the sources and literature of Roman law, the subsequent fate of treasure trove systems needed to be scrutinised. Therefore, the different treasure trove systems in the Medieval, as well as in the modern age, and in some modern legal systems have been closely examined. As compared to Roman law—especially to classical and Justinian’s Roman law—utterly new regimes were created concerning treasure trove. Nevertheless, it is worth mentioning that Justinian’s ruling was sometimes equally in force. Not only in the medieval legal sources, but even in the modern age similar regulations compared to the medieval legal constructions can be found, albeit Justinian’s treasure trove related rules were also in force. Justinian’s Roman law regime of treasure trove, as well as the famous definition by Paul has survived in many contemporary civil codes. In this respect, the regulations of some modern civil codes were analysed.

The Meaning Changes of the Annona Militaris in the Later Roman Empire

Veränderung der Beschaffenheit der „annona militaris“ in der späten Kaiserzeit

Author(s): Miklós Kelemen / Language(s): English / Issue: 2/2015

Keywords: annona; annona militaris; annona expeditionalis; annona adaerata; annona-system; Diocletian; taxation in the later Roman Empire; Later Roman Empire; history of public administration

During the period of the late Roman Empire in addition to transforming the government structure of the empire, Diocletian`s (284-305) reforms changed the foundations and methods of administration and finance significally. The constitution of the so-called annona-system is to be highlighted with an outstanding importance among the substantial changes. In this system a particular provincial unit supplied and remunerated directly the officials as well as the army stationed at its territory. During the reorganization, associated with the new system, the annona militaris tax became the main tax of the provincial population. During the Severan era, this type of taxation meant the compulsory delivery of agricultural crops and it was imposed on the population in extraordinary cases. This unofficial tax in-kind assured the maintenance and nutrition of the army. The ad hoc obligation and occasional practice of the compulsory delivery was formalized and organized systematically by Diocletian, his reforms developed it into an imperial-wide administration and funding system. As an important element of the changes in connection with the reforms, the annona (i.e. a payment in kind issued within the scope of military supplies) became the primary funding source for the army and the administration instead of the stipendium (regular military pay in cash). It should be pointed out, that during the 2nd and 3rd centuries the annona militaris had not served the logistic needs of the garrison troops stationed in the territories inhabited by the tax payer population yet, but the provision and maintenance of the field armies that had left their military bases for taking part in military operations. The annona militaris, by its nature still fulfilled the function of the general military supplies. The mobile field forces mobilized for the duration of campaigns continued to receive in addition to the kind benefits also the military supplies i.e. expeditionalis annona. Due to the nature of the new type of service pay, the payment of the annona was occasionally hampered. There was a possibility of converting in-kind benefits into cash payment (replacing the annonaria species with its cash-equivalent value), especially in case of shortage of goods, spoilage of the produce or even in case of delays in receiving in-kind benefits. Converting in-kind benefits into cash (adaeratio annonae) was possible only in special cases justified by exceptional, i.e. other than administrative organizational conditions. Executing it generally and systematically was prohibited. It’s scientifically known that the disfunctions caused by the conversion of the annona into cash benefits could only be solved by the generalization and institutionalization of cash payments. Due to the economic differences between the western and the eastern part of the empire and the fall of the Western Roman Empire, there was a possibility of transforming the annona into cash payment primarily in the Eastern Roman Empi

The Regula “nasciturus pro iam nato habetur” and the Appearance of the Expression “mulieris portio” in the Digest and its Consequences

The Regula “nasciturus pro iam nato habetur” and the Appearance of the Expression “mulieris portio” in the Digest and its Consequences

Author(s): János Erdődy / Language(s): English / Issue: 2/2015

Keywords: portio mulieris; definition; nasciturus; regula; foetus; SC Plancianum

Interesting as it may be, there are some instances in contemporary Romanistic, when a certain regula is considered by secondary literature as if it were a rule of general application, consequently those not versed deeply enough in Roman law, might as well deem that such a rule could enjoy an overall usage, that is independently from time and place. One amongst these regulae is presented by Paul in the Digest (Paul. D. 1, 5, 7 [lib. sing.de port., quae lib. damn. conc.]), which contains the famous phrasing “Qui in utero est, perinde ac si in rebus humanis esset custoditur, quotiens de commodis ipsius partus quaeritur […]”. In contrast to this widely cited text, it is likewise interesting to have recourse to a case, where Ulpian reports about an imperial rescript related to the admission of the application of SC Plancianum (cf. Ulp. D. 25,4, 1 pr. – 1 [24 ad ed.]). In this text, another famous, and extensively quoted wording appears, namely the expression mulieris portio. The scrutiny of the aforesaid particular case and its secondary literature, as well as its legislative echoes may lead to a layered examination of the above phrase, as well as a more nuanced understanding of the stance of the foetus in Roman law.

The Rules of Condemnation to the Mines in Imperial Rome

The Rules of Condemnation to the Mines in Imperial Rome

Author(s): Pál Sáry / Language(s): English / Issue: 2/2015

Keywords: Roman criminal law; capital penalty; forced labour in the mines; servi poenae

Forced labour in the mines was often inflicted as a punishment in imperial Rome. What was the position of this penalty in the Roman penal system? What different degrees of this punishment were there? Who were condemned to the mines? What procedural rules had to be observed when this punishment was inflicted? What were the legal consequences of the condemnation? What was the legal position of the children of the convicted women? What were the living conditions in the mines? What do we know about the period of this penalty? What happened if a convict received a pardon? The paper tries to answer these questions on the basis of the primary sources.

What Would ‘Praetor Paulus’ Do in ‘Post-Lehman’ World? A Comparative Analysis of Lawmakers’ Responses to the Spreading Practice of Fraudulent Transfer

What Would ‘Praetor Paulus’ Do in ‘Post-Lehman’ World? A Comparative Analysis of Lawmakers’ Responses to the Spreading Practice of Fraudulent Transfer

Author(s): József Benke / Language(s): English / Issue: 2/2015

Keywords: Liquidity Crises; Roman Republic; Actio Pauliana; Fraudulent Conveyances; Fraudulent Transfers; Post-Lehman Crisis; Mortgage Home Loans Accounted in Foreign Currency; Comparative Law; Civil (Roman) La

This contribution investigates certain parallelisms between laws and socio-economic settings of laws in two entirely different ages and legal regimes. Debtors’ massive liquidity crisis in late Roman Republic and 21st century Hungarian ‘post-Lehman’ crisis of household debtors of mortgage home loans accounted in foreign currency are as similar to each other as the morals of the prolific ancient casuistics based upon the general-clause-like ruling upon actio Pauliana are useful to consider for new shrewd non-contractual fraudulent misconducts committed in contemporaneous Hungary, where such general regulation towards these kinds of tricks of fraus creditorum lacks. Therefore courts of higher instance felt themselves being obliged for finding a righteous answer to these problematic questions being emerged just in these days.

Notes about Sport Finance in Rome

Notes about Sport Finance in Rome

Author(s): Adolfo Bautista Cremadez / Language(s): English / Issue: 2/2015

Keywords: Sport; Roman law; mutuum; sponsorship

Sport competitions were soon in the ancient world, an important social and cultural element. Many sportsmen in the Roman Empire are dedicated at it as a professional way , athletes enjoyed great social recognition and obtained , in case of triumph, great benefits . To finance the dedication of the athletes was used the contractual figure mutuum, money- loan, with the agreement that the borrower should return only the amount of the capital and elevated interests, case victory, assuming the banker the risk of losing.

John Wilkes, the Wilkite Lawyers and Locke’s Appeal to Law

John Wilkes, the Wilkite Lawyers and Locke’s Appeal to Law

Author(s): Michael Conforti / Language(s): English / Issue: 2/2015

Keywords: John Wilkes; John Locke; seizure of papers; general warrants; privacy; individual rights; personal autonomy; seditious libel; self-incrimination

England’s Wilkite movement of the 1760s has usually been viewed as a functional and instrumental effort to enlarge political consciousness and political participation through the use of new communicative strategies and techniques. Most historians have judged the consequences of these efforts to be largely transitory. Generally overlooked is the substantial and enduring contribution made by Wilkite lawyers, most notably John Glynn and John Dunning, but others as well, who instituted a series of well-coordinated lawsuits against the allegedly illegal acts of an executive believed to be insidiously enlarging its power at parliament’s expense. These lawsuits were intended to be more than simple attempts to embarrass the government of George III or crass efforts to extract a bit of financial retribution for the excesses of government functionaries. Inspired by John Locke’s ‘appeal to law’ and his political philosophy which privileged the rights of the individual over the interests of the state, these lawyers asserted the individual’s right to be free from the intrusive searches of government particularly when those searches were intended to obtain evidence against a potential criminal defendant. These lawsuits, collectively the first of their kind in English legal history, served as a form of active political resistance to the policies of George’s government. The victories won by the Wilkite lawyers helped redefine the idea of ‘English liberties’, an achievement which continues to be pertinent today.

Myth of the Truth in the Heterogeneous Society

Myth of the Truth in the Heterogeneous Society

Author(s): Jacek Zieliński / Language(s): English / Issue: 2/2015

Keywords: Truth; Heterogeneous Society; discover the truth

In this paper we trying to draw attention to the problem of the concept oh "truth". Nowadays, however, bothers us deep skepticism abaout the possibility of its recognition. Philosophers for centuries tried to formulate various definitions and conceptions truths and truthfulness. These conceptions and definitions, rooted in own epistemology, lose the solid theory of cognition, more and more are escaping into problems of the meaning, sense, the nature of the judgment, and also language. It isn't possible to say that we have the truth, but also this state of affairs doesn't mean that we have the licence of creating the truth for instance for needs of sociotechnical steering the society. Immersed in the intuitions of truth, the focus is now only on its usefulness. Is this a good way?

Review

Review

Author(s): András Hudvágner,Andreas Raffeiner ,Stefano Barbati / Language(s): English,German,Italian / Issue: 2/2015

Review Of: Fenyvesi Csaba A kriminalisztika tendenciái. A bűnügyi nyomozás múltja, jelene, jövője [Tendencies in Criminalistics: The Past, Present and Future of Criminal Investigation] Budapest/Pécs: Dialóg Campus, 2014, 304 pp., ISBN 978-615-5376-38-2 Iole Fargnoli/Stefan Rebenich (Hrsg.) Theodor Mommsen und die Bedeutung des Römischen Rechts Abt. A: Abhandlungen zum Römischen Recht und zur Antiken Rechtsgeschichte (Freiburger Rechtsgeschichtliche Abhandlungen, N. F. Bd. 69) Berlin: Duncker & Humblodt, 2013, 184 S., ISBN 978-3-4281-4050-3, 79,90 € (D) Iole Fargnoli/Stefan Rebenich (Hrsg.) Theodor Mommsen und die Bedeutung des Römischen Rechts Abt. A: Abhandlungen zum Römischen Recht und zur Antiken Rechtsgeschichte (Freiburger Rechtsgeschichtliche Abhandlungen, N. F. Bd. 69) Berlin: Duncker & Humblodt, 2013, 184 S., ISBN 978-3-4281-4050-3, 79,90 € (D) Martin Löhnig (Hrsg.) Zwischenzeit. Rechtsgeschichte der Besatzungsjahre (Rechtskultur Wissenschaft, Bd. 2) Regenstauf: H. Gietl Verlag, 2011, ISBN 978-3-8664-6403-2, € 39,00 Martin Löhnig (Hrsg.) Zwischenzeit. Rechtsgeschichte der Besatzungsjahre (Rechtskultur Wissenschaft, Bd. 2) Regenstauf: H. Gietl Verlag, 2011, ISBN 978-3-8664-6403-2, € 39,00 Gerald Mund (Hrsg.) Deutschland und das Protektorat Böhmen und Mähren. Aus den deutschen diplomatischen Akten von 1939 bis 1945 (= Veröffentlichungen des Collegium Carolinum, Bd. 127) Göttingen: Vandenhoeck & Ruprecht, 2014, 689 S., ISBN 978-3-525-37305-7, 79.99 € (D) Gerald Mund (Hrsg.) Deutschland und das Protektorat Böhmen und Mähren. Aus den deutschen diplomatischen Akten von 1939 bis 1945 (= Veröffentlichungen des Collegium Carolinum, Bd. 127) Göttingen: Vandenhoeck & Ruprecht, 2014, 689 S., ISBN 978-3-525-37305-7, 79.99 € (D) Susanne Lösch Die coniunctio in testamentarischen Verfügungen des klassischen römischen Rechts Tübingen: Mohr Siebeck, 2014, XII-157, ISBN 978-3-16-152689-3 Anna Margarete Seelentag Ius pontificium cum iure civili coniunctum. Das Recht der Arrogation in klassischer Zeit Tübingen: Mohr Siebeck, 2014, XX-444, ISBN 978-3-16-152870-5

János Zlinszky

János Zlinszky

Author(s): Béla Szabó / Language(s): German / Issue: 2/2015

LEGAL DIMENSION OF TERRORISM

LEGAL DIMENSION OF TERRORISM

Author(s): Niculescu Ionut / Language(s): English / Issue: 2 (31)/2016

Keywords: terrorism, ISIS, legal size, law, assault, protocol, convention, crime, punishment, attempted

In November 2015 terrorist attacks in Paris have brought forth a topical issue. If inrecent years it seemed that terrorism was taking place especially in areas heavily influenced byISIS, such as Iraq and Syria, it seems that recently they turn their attention to European countriesand beyond. This resulted not only now, but also over time to take legal and military measures tostop this phenomenon. Blurring this phenomenon is a lengthy process, which may not ever becompleted, radicals have been in all of human history. Thus interstate cooperation develops forcombating terrorism, in legal terms there are numerous international conventions and protocols.And in Romania in February 2014 we enjoy a law regarding preventing and combating terrorismand national authority in this area, the Romanian Information Service, made efforts to secure thecountry and to remain at low levels of the national terrorist alert.

IMPACT OF INTEGRATED MARKETING COMMUNICATIONS ON THE CUSTOMER

IMPACT OF INTEGRATED MARKETING COMMUNICATIONS ON THE CUSTOMER

Author(s): Moldakhovskaya Julia / Language(s): English / Issue: 2 (31)/2016

Keywords: integrated marketing communications, the object of communication, consumer behavior, quality of the product, the attitude to the TM, the reaction of the consumer, consumer expectations and the gap mod

In the article the question of the impact of the quality of the product and thedegree of satisfaction of the customers` expectations on the effectiveness of integratedmarketing communications is viewed. Its aim is to determine the application of tools forinteractive control of marketing communications according to different customers`responses. Here the possible reactions of the customers are considered and the necessityof their distinguishing between primary and secondary is grounded. The necessity ofconsidering the product (its quality) as a part of the marketing communication and,accordingly, taking into account the assessment of the effectiveness of communications ofconsumer's attitude to quality in the models is founded. It is proposed to carry out acomparative assessment of the customers` attitude toward the product before consumption,perceived quality and the quality of peer review to identify the threats and opportunities ofthe given communication program. The author proposed to add the assessment of theeffectiveness of marketing communications by means of the analysis of the stability of theircontribution to the profits. In other words, it is proposed to determine how much of the profitis received from the satisfied customers, whose expectations of advertising have beenconfirmed in practice.

Learning Strategies and Techniques in the Context of Tertiary Language Teaching

Lernstrategien und -techniken im Kontext des Tertiärsprachenunterrichts

Author(s): Ana Petravić,Irena Horvatić Čajko / Language(s): German / Issue: 23/2014

Keywords: Tertiärsprachenunterricht; Lernkompetenz; Lernstrategien; DaF-Unterricht; tertiary language teaching; learning competence; learning strategies; teaching German as a foreign language

In diesem Beitrag wird die Förderung der lernstrategischen Kompetenz im Tertiärsprachenunterricht untersucht. Ausgehend von der tertiärsprachendidaktischen Verortung von Lernstrategien im Spannungsfeld von Sprachbewusstheit und Sprachlernbewusstheit und vor dem Hintergrund der Lernstrategiedebatte werden die Ergebnisse der ersten empirischen Untersuchung in Kroatien zur Nutzung von Lernstrategien und -techniken im L3-Unterricht Deutsch nach Englisch bei jugendlichen DaF-Anfängern präsentiert. Diese belegen, dass ein sprachenübergreifender und sprachreflexiver Input positiven Einfluss auf die Entwicklung der lernstrategischen Kompetenz der Lernenden haben kann.

Capabilities of leapfrogging and catching up of a developing country – policy implications from theory and practice

Capabilities of leapfrogging and catching up of a developing country – policy implications from theory and practice

Author(s): Katarzyna A. Nawrot / Language(s): English / Issue: 4/2014

Keywords: leapfrogging; catching up; developing countries; policy implications

The paper deepens the phenomenon of catching up and leapfrogging drawing from the experiences of East Asian countries while taking an attempt to provide the implications for other developing countries, in particular those from Sub-Saharan Africa. The ability of a developing country to leapfrog older technol-ogies and catch up with developed and technologically advanced ones through specialisation in higher value added production was examined as technical change was recognized as one of the central factors in industrial development. Additionally the lower level of development and productivity is believed to enable countries to catch up at the higher speed or leapfrog. The possibilities of a developing country to catch up and leapfrog are identified in an emerging industry where the conditionality might be lower thus enabling a country the technological advancement and effective leap. In-depth theoretical and empirical analysis showed that a successful leapfrogging is determined by technological capability building process where the complex innovation system and interplay between different actors is necessary. The paper further indicates the role of the regional dimension in development and technological advancement, which seems to be important for a long term perspective enabling countries to move up the value chain, providing the market for technologies at different value added, empowering diversification of regional division of labour and consequently moving to higher level of industrialisation and wealth.

Analysis of the concept of industrial technology platform development in Russia and in the EU

Analysis of the concept of industrial technology platform development in Russia and in the EU

Author(s): Evgeny Lisin,Olga Zlyvko,Nikolay Rogalev,Galina Kurdiukova / Language(s): English / Issue: 4/2014

Keywords: Technology platform; public-private partnerships; innovation infrastructure; life cycle; strategic planning

This article aims to examine the concept of development of sectoral technology platforms as a mechanism of innovative development, which allows mobilization of the whole range of available resources into a coordinated system focused on the achievement of the stated priorities of the national sci-tech and innovation policy. As an infrastructural object, a technology platform is an element of the national innovation infrastructure, oriented at a long-term prospective development within the frames of the applicable technological foresight methodology. This provides sufficient flexibility of the organizational structure for prompt response to changes in a dynamic competitive external environment. We discuss Russian and foreign experience of applying the technology platform concept for resolving the issue of forming an innovative environment that supports high-tech development of the national economy. Also, a comparative analysis of created technology platforms on the sectoral principle, using the method of paired comparisons, is provided. Particular attention is paid to the determination of the place of technology platforms in the innovation policy of the states, technology platform project imple-mentation stages, life cycles, organizational charts, compilation of a list of top priority technologies and public-private partnerships.

THE NEED FOR A LAW APPROVAL ON DOMESTIC WORKERS IN ROMANIA, MEMBER STATE OF THE EUROPEAN UNION

LA NECESIDAD DE LA APROBACIÓN DE UNA LEY SOBRE LOS TRABAJADORES OMÉSTICOS EN RUMANIA, ESTADO MIEMBRO DE LA UNIÓN EUROPEA

Author(s): Dan Ţop / Language(s): Spanish / Issue: 2 (31)/2016

Keywords: ILO Convention on domestic workers, decent work, domestic service.

At the 100th Conference of the International Labour Organization was adopted on July 16, 2011 189 Convention on domestic workers, set to take effect in 2013. The conference also adopted for domestic workers the Recommendation no. 201 supplementing the Convention No. 189, which is a practical guide recommendations on legal and other measures to implement the principles set out in the Convention which aim to reduce abuses against domestic workers and their operation and requires states to take measures to ensure that decent work become a reality for domestic workers . Although some aspects are already covered EU legislation or even very well covered, the Convention is more accurate than law regarding coverage of domestic workers by legislation and other matters specific to domestic services. We believe that it is not sufficient the ratification of this Convention by the EU Member States, as urges the European Commission, but also requires the development of a directive in the field to ensure fair and decent working conditions, prevent abuses, violence and work children in the household services sector. Even if the national legislation of Member States (Belgium, Switzerland, France) there are regulations on household activities that can be performed in an individual contract of employment, legislation in others, among which Romania does not contain specific provisions with regard to this.