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Review of: Peter Suber "OpenAccess", "MIT Press EssentialKnowledge";
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Review of: Peter Suber "OpenAccess", "MIT Press EssentialKnowledge";
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Sign stones and Ivo chapels. Helping saints against unlawful court procedures and their traces in Austria. It is a basic existential behaviour that in seemingly hopeless life situations people turn to the means of faith, to persons who have been proclaimed saints or blessed. The article presents rarely mentioned saints to whom people turn in trouble, and their cult in Austria. Saints who helped in hopeless litigation, intervening in cases of debt settlement, providing evidence in inheritance proceedings involving property bequeathed to the church, and in legal disputes of the poor. However, the legends of the saints concerned and the motifs found in them often point beyond the difficult situations of individuals; propaganda for the church’s demand for property, justice and defence of the poor also appears in them.
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In the early 1980s, a new joke cycle appeared in the USA, and has continued to flourish ever since. This is a lawyer joke cycle. Lawyer jokes have been published in book form, and have also been displayed on various American websites. Why is it the lawyer, and not the representative of any other profession or occupation, who is permanently made fun of in so many American jokes? What are the dominant stereotypical traits of a lawyer? What negative features is he hated for? Does the lawyer’s stereotype in American lawyer jokes contain any truth? These and many other questions could be asked in regard to American lawyer jokes. The present study focuses on stereotypical traits of lawyers. All the jokes quoted and discussed in the study can be found with references to their Internet sources. The vast majority of jokes were collected from hundreds of websites in spring 2009.
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In this paper, I attempt to show that Sufism, with respect to Islamic law, assays to envision a legal interpretation, drawing on the hermeneutic principle of application as well as on the teleological interpretation of law. My contention is that Abū Iṣḥāq al-Shāṭibī (d. 1388) and Abū’l-‘Abbās Aḥmad Zarrūq (d. 1493), the Mālikī scholars I treat in this study, accentuate the legal hermeneutic aspect of Sufism/sharī‘a link. Thus, they rendered deliberative views on how Sufism and law interlace as legal interpretations. By the same token, they recognised a necessary co-existence, and thus pluralist, approach to legal matters.
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This study tries to shed light on the conflict between the Islamic waqf administration in Jerusalem and the Christian populations of Bethlehem and Beit Jala over the land ownership in these two cities. This conflict emerged in the mid-twentieth century after these people refused to acknowledge that the land in their possession was an Islamic waqf and not private property. The present study attempts to shed light on this legal issue by tracing the historical roots of this conflict and up to the time it was taken to the court for a decision. The main question in this research is: What were the origins of the dispute between the two parties that broke out at this particular time? Why did it not break out before this date? Did the difference in religion have a role in this conflict? Or was it a matter of personal and material interests?
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The sacred city of Jerusalem lies at the heart of the political conflict between Israel and the Palestinians. The fact that both societies consider the city as their respective capitals necessitates the resolution of the divergent claims of sovereignty on Jerusalem as the key for the overall settlement of the Arab-Israeli conflict. This study addresses the positions of both parties as well as the international community on Jerusalem, which will be analyzed in an in-depth manner, evaluating Jerusalem as a political dispute according to the different protagonists.
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A környezetvédelem oktatása alapvetően pedagógiai feladat. A pedagógiai feladatok azonban nem választhatók el teljesen a szabályozási környezettől, hiszen a különféle – szakmai, jogi, erkölcsi stb. – normák határozzák meg a pedagógia mozgásterét. Tehát azt a mozgásteret, melyben az iskolai oktatás folyik.
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First, the author makes some remarks concerning the fact that in the context of the nationalization of schools previously maintained by local governments and a lack of negotiations between government and interest groups, the new Hungarian law adopted in December 2012 does not mention consultative bodies dealing with primary and secondary education created in Hungary in 1993. In a historical part of the article (based on many documents that the author found in libraries), Ivan Bajomi shows how Hungary’s first National Council of Public Education was created 140 years ago, in 1872. The creation of this body was first proposed in 1866, one year before the Austro-Hungarian Compromise that initiated a liberalisation of the authoritarian form of government preceding it. The proposition was formulated by “knowledge-broker” Gyula Schvarz, a scientist speaking many foreign languages and who looked at several Western educational systems. Three years after publication of the idea, the association of secondary school teachers pronounced in favor of the creation of an educational council too, pointing to the necessity of assuring the best form of preparation for educational reforms. After the summer and autumn of 1871, the Ministry of Education published a vehemently criticized draft of the decree on the status of the future Hungarian Council of Public Education. On the basis of information concerning the role of local and national teacher’s councils in several cantons of Switzerland and territories of the existing Germany, members of the association of primary school teachers of the capital of Hungary argued that the planned body would not have sufficient autonomy. Within the framework of this debate, some influential persons contested the right of the planned council’s members to formulate initiatives autonomously though, finally, this possibility was maintained in the decree; others argued that future members of the body should receive money for their work, and the terms of the decree were in the end changed to grant this. Acceptance of this change probably came from the fact that one of the main functions of the body was intense participation in elaboration of new school curricula. In the four first years of the first Hungarian Council of Public Education, several members of bodies were delegated by teachers’ associations, yet from 1875 members were chosen by the responsible minister.
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The article discusses the philosophical rootedness of the economic analysis of law. Utilitarianism is identified as the main source of inspiration for the law and economics movement. A brief account of the most important issues that utilitarianism raises is given. A detailed analysis of the complex relationship between utilitarianism and wealth-maximisation is carried out. The affinities and the differences between the two standpoints are specified. The main disparity, i.e. the status of both maximisation precepts is highlighted. The incoherence of R. Posner’s position including his pragmatic argument for wealth maximisation and his commitment to the thesis about ethical convergence is pointed out.
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Law & economics scholars have claimed, from the very beginning of the movement, that their ambition has been to make studies of law more scientific. The neoclassical approach in economic analysis of law is based on the assumption that rationality of people acting in legal contexts can be characterized in the same ways as rationality of homines economici. However, emergence of behavioral economics and attempts to apply it to analysis of law by some law & economics scholars resulted in critical revising the achievements of neoclassical approach. The so called behavioral law & economics criticizes the neoclassical approach on the basis of experiments, which test hypotheses derived from neoclassical theories. Outcomes of those experiments allow to draw conclusion that in many (legal) contexts people don’t behave in accordance with predictions based on neoclassical models. Behavioral law & economics scholars argue that neoclassical theories are grounded on so highly unrealistic assumptions that in many situations they cannot offer predictions of human behavior. I distinguish three main issues that are discussed: philosophical, methodological and normative ones. I formulate critical comments on the raised arguments and final general remarks concerning possibility of making legal studies more scientific, as well as application of economics to studies on law.
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This paper addresses the issue of whether the justification concerning the principles of justice adopted by Rawls allows for modifying morally significant differentiations found in the basic social structure. The idea of basic social structure as understood by Rawls is explained, and the requirements for justification assumed by Rawls are characterized. Theses requirements are determined by intuitive beliefs concerning justice; whereas such beliefs stipulate certain factors as being morally significant. The analysis of Rawls’s argument indicates that his justification with respect to the principles of justice is based on the criterion of benefit. This leads to privileging these conditions which according to the intuitive beliefs concerning justice should not be privileged. The original position of social groups, however, is not included within the framework of the justification mechanism, and so it requires revaluation for the same reasons as the previously mentioned issue.
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Within the framework of legal positivism on the ground of Polish legal theory there was founded, in the scope of the issue of legal interpretation, the ‘clarification’ theory, formulated by J. Wróblewski. Adopting psycholinguistic perspective for the analysis of above mentioned theory allows to take the knowledge about human linguistic cognition into consideration and compare it with the vision of achieving understanding of legal text as understood by J. Wróblewski. Thus conducted “mental experiment” – moving from the level of the legal theory to the level of psycholinguistics – reveals “hidden” properties of J. Wróblewski theory of legal interpretation. First of all, as far as the question about the status of his theory is concerned, it allows to formulate a conclusion that it is neither a descriptive nor a normative theory of legal interpretation. It is possible to accept only as a normative theory of justification of interpretation decisions in the process of law application.
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Legal texts are formulated in a specific language called the language of the law. It is a language for special purposes which may be further divided into several sub-languages. In Poland lawyers, as a rule, differentiate (i) statutory language which is the language of statutory instruments and (ii) legal language used by lawyers. The language of legal texts is often more complex than a colloquial one and thus often difficult to follow for common people. The fact that the language of the law is often misunderstood by citizens leads to many discussions concerning the reform of the language. The question is how such texts should be formulated to meet the following criteria: (i) the language of the law should be understood by text recipients and (ii) at the same time the language of the law should be precise. Some ambiguity, however, may be intentional and may serve certain purposes. Consequently, legal texts are subject to standardization process as a result of which one may observe the increased number of forms introduced to facilitate legal communication in a broad sense.
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The study starts by noticing that Romania underperformed in attracting European funds in the period 2007-2013, both when comparing the sums absorbed with those allocated by the European Union, and when comparing its performance with that of other receiving member states. It then outlines the overall increase of allocations for the financial multiannual framework 2014/2020 and identifies three systemic risks which will confront Romania during this period: the persistence of a low absorbtion level, the financial volatility of the beneficiary institutions (be they public institutions, economic agents or NGOs), and the insufficient linkages with the broader economy and society.
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Technological progress and achievements in the field of bioethics bring about important changes in the material and personal scope of inheritance law regulation, including the consequences of human death. Particularly, it concerns situations when a deceased person has expressed (or not) a wish to use his or her genetic material (for example, post-mortem fertilization), to decide about his or her life and death (through a will or testament) or to dispose of digital assets, data and online accounts (digital death). The effective legal protection of these entities is justified by the principle of equality and the need to defend personal rights. The latter results in the requirement to propose normative solutions that take into account the consequences of biotechnological development; its effects already noticeable in several areas of law. In the field of inheritance law, besides the property rights traditionally included, new rights have appeared that are without any explicit property character. The authors of this paper argue in favor of including, within the scope of inheritance law, the right to post-mortem conception and to dispose of digital assets. Due to the achievements of modern medicine, a testament also should become subject to legal regulation.
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The paper presents and comments on the discussions that took place between cardinal Joseph Ratzinger and philosopher Jürgen Habermas. It concerned the current secularization and a place of religion in a liberal constitutional state. This is an example of how this type of discourse can be carried out in a manner intended to reach an agreement and pointing to the benefits the two „spheres” can draw upon each other. The author attempts to identify a source of a similar diagnosis which is established by both thinkers as well as to indicate how conclusions of the discussions affect the perception of the role of law in the modern state.
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Switzerland is currently confronted with a strong political movement that aims at restricting civil rights of certain minority groups, in particular Muslims. This has led to several limitations to their religious practices, some of them even approved by popular vote. From a legal point of view, the question arises which role this shift in politics plays in the Federal Supreme Court’s interpretation of the fundamental right to freedom of religion granted by the Swiss Constitution in cases regarding Muslims. By means of a case study in the field of public education, this paper examines how the political environment influences the relevant case law. It arrives at the conclusion that although the Court was at first following the political trend of restricting Muslims’ fundamental rights, it has taken a stronger stand against such tendencies in recent decisions.
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