Around the Bloc: Kosovo War Crimes Court Gains Pace
President and ruling party show signs of nervousness as tribunal readies first indictments.
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President and ruling party show signs of nervousness as tribunal readies first indictments.
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Culturology, being a complex science, needs theoretical improvement, particularly in its inner structuring. Separate constituents of culturology may be supplemented by new directions (phytoculturology, some issues of religion and law in the context of culturology).
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Współczesna polityka w dobie dominacji mediów i marketingu narracyjnego sprawia, że programy polityczne partii politycznych nie rozgrzewają już umysłów wyborców. Ta swoista deideologizacja polityki, uczynienie z niej w zasadzie technologii zarządzania ma swoje konsekwencje w tym, że programy polityczne, a ogólniej mówiąc myśl polityczna przestaje mieć znaczenie. Partie i środowiska polityczne, które nadal tworzą kilkuset stronicowe opracowania programowe uznawane są za archaiczne, nie rozumiejące współczesnej rywalizacji politycznej. Jednym z takich ugrupowań jest Prawo i Sprawiedliwość, które swego czasu z faktu posiadania, bądź braku programu politycznego próbowało uczynić oś rywalizacji politycznej.
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In the article there has been also presented the vision of functioning students’ organization and law education. The author devoted a lot of space to reconstruction of political system desired by Sas-Wisłocki. In the article the vision of bringing back monarchy to Poland is also mentioned and the role it would play. Juliusz Sas-Wisłocki was polish lawyer who was connected with Obóz Narodowo-Radykalny “ABC” and polish monarchical movement. An evolution can be seen in his journalistic work: from republican to monarchical sympathies. His views on the system were elitist. The main are of his interest was focused on law issues and student’s life.
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The article is a comparative analysis of Piłduski’s camp and “Prawo i Sprawiedliwość”. Similarities between the party and marshal’s followers are visible both in the time of rule of the party in years 2005–2007 and later, especially after the catastrophe in Smoleńsk in April 2010. It is hard to say explicitly whether existence of Piłsudski’s camp and referring to it is actually well-founded. It is not easy to find analogies in case when there are huge differences in functionality of the Second Polish Republic and contemporary Poland. However, crucial role of the leader in the party, new foreign policy concept and geopolitical bases of country’s functionality and unfulfilled vision of Fourth Polish Republic are the most visible references to the time of Piłsudski’s camp.
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In Hanafī law, a person who cultivates wasteland, provided he meets certain conditions, becomes the owner of the land. In Ottoman law, this rule could not apply, since land, outside a few mülk properties, was at the disposal of the sultan and not subject to ownership. Instead, cultivators gained title to the land by virtue of the payment of an entry fee to the prebend-holder. It is nonetheless clear that people who cleared wasteland believed that they had an unconditional right, if not of outright ownership, then at least of unconditional occupancy. By contrast, Ottoman law-books of the 16th century give cultivators of wasteland very few rights beyond those enjoyed by ordinary peasant cultivators. Furthermore, these rights were restricted further during the 17th century. In practice, therefore, Hanafī law had no influence over Ottoman law in this area. That Ottoman legislators were, however, aware of the Hanafī rules is clear from a decree granting fiscal privileges to Janissaries who clear wasteland, which mimics the sharī’a .
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Celālzāde Mustafa Çelebi’s Tabakātu’ l-Memālik ve Derecātu’ l-Mesālik is one of the invaluable primary sources dealing with the reign of Süleyman the Magnificent (1520–1566). Its author, Celālzāde Mustafa (d. 1567), was a distinguished Nişancı (head of the imperial chancery), who is credited with the codification of Ottoman laws under Süleyman the Magnificent. Celālzāde was the main official responsible for the “true” representation of the Ottoman sultan for over 35 years during his long career in the sultan’s service. This paper aims to demonstrate that an official definition of justice was articulated and propagated in the Tabakāt in order to meet the contemporary requirements of the Ottoman administration, i.e. a powerful central authority. With this definition, Celālzāde aimed to demonstrate that the provision of justice could only be ensured by the absolute rule of the sultan. Celālzāde’s formulation differed from the conceptualisation of justice as the observance of traditional laws and social order, which implied limits on sultanic absolutism. Although Celālzāde’s formulation did not exclude the traditional conceptualisation of justice, the observance of laws was regarded as a responsibility of state officials instead of the sultan.
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The article explores contemporary cultural processes in Ukraine. It analyzes particularities of functioning and work of state and commercial organizations, non-profit NGOs in the sphere of culture and arts, the thesis also exposes the problem of the said NGO’s structurization, improvement of economic and legal support of their work as well as perspectives of their development.
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The waqf system had an important place in the economic life of the Ottoman Empire. As major local institutions, the waqfs both influenced and reflected the local economic conditions. The waqf account books are the primary archival sources to reveal waqfs' institutional history and to correlate their development with the local conditions by determining and following their economic and financial situation. The account books were compiled from the müfredât (detailed) registers, which were kept to record and follow waqfs' financial activities, revenue in- and outflow, services performed etc. In this study, I will introduce two different types of müfredât registers; mukâta'ât and bakâyâ-i mukâta'ât. These registers can put forward important information on the mukâta'â revenues and the revenue collection of the waqfs and contribute to our knowledge about the actual operation of the waqf revenues with the mukâta'â method. The irregularities in revenue collection and their effect on the waqfs' finances can be better seen from these registers. I will try to explain their content and structure, and show how these registers support the account books in studying the financial administration and situation of the waqfs.
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This paper presents legal issues related to the protection of disabled people’s work. In particular the concept of disabled worker and its specifi c privileges are discussed. It has also been pointed out that there are serious arguments for incorporating the provisions on the protection of the disabled into the new Labor Code.
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Eliminating discrimination in respect of employment law is solely one of numerous elements of prohibiting and avoiding discrimination for disabled persons in their every-day life. However, it is remarkably exposed in employment and labour law, considering that discrimination in such area might lead to a particular distress. For these reason a state must undertake the measures not only in the context of the inferior position of disabled employees, but first of all in the context of their rights as humans who have to earn their living being employed. Considering this, the paper aims at listing the state duties related to an employment policy as well as to a social security policy, an education or training and a social communication.
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The goal of this article is to determine, which norms of labor law should be applied to the employment contract of definite duration with a scholar in a regard to the permissible amount of concluded contracts and their duration.The author analyses the influence of Polish Labor Code (PLC) amendment from 16 December 2016 in scope of provisions regulating definite duration employment contracts. For the purpose of this article, relevant provisions of Act on the Higher Education are analyzed, in particular art. 118a. In conclusion, art. 25 and following of PLC should be applied to the employment contracts of definite duration concluded with scholars. Although such contracts may be concluded for duration longer than 33 months, conditions set forth by art. 251 § 4 PLC must be therefore fulfilled.
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The authors discuss issues related to the phenomenon of precariat, its nature and consequences for the labor market, also pointing to the institutional sources of the precariat.
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The assesseddocument launches the debate on the future of EU finances. It is the last (5th) document concerning the issues raised in the White Paper on the Future of Europe[COM(2017)2025]. The authors evaluate the prior document rather positively due to challengespresented in it by the Commission and the five scenarios concerning the futureof the Union and the reform of EU policies. An analysis of these scenarios indicates thatthe scenario no. 3 “Some do more” and the scenario no. 5 “Doing much more together”do not seem realistic, because the scenario no. 3 would lead to weakening of the EU andincrease of bureaucracy, while Member States are not yet for ready for the scenario no. 5.With regard to Poland, the scenarios no. 2 “Doing less together” and no. 4 “Radical redesign”could be beneficial, but the advantages of the scenario no. 1 “Carrying on” shouldalso be noticed.
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Article is an attempt to provide reconstruction of the discourse between Hans Kelsen and Jerzy Wróblewski. The main motive of the article are three footnotes from Hans Kelsen’s General Theory of Norms where he considers such issues as the meaning of the legal norm, and legal interpretation. Reconstruction leads to conclusion that if one treats H. Kelsen’s argumentation as a critique of Jerzy Wróblewski’s theory, this critique doesn’t have sound basis, because it’s essence is not to point contradictions and weakness of the theory, but it is led from the point of view of pure theory of law which itself at some points suffers from the lack of coherency. Thus the other approach of the interpretation of footnotes is offered, to treat them as an some kind of scientific testimony, and as a tool which has on scope to make improvement in pure theory of law. Additionally it has been pointed out, that Hans Kelsen didn’t put the main interest on Marxist issues which occurred in Jerzy Wróblewski’s theory, but on those elements which have it’s importance and are discussed till present day.
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