THE NARRATIVE OF POLITICAL ISLAM: CONSTITUTIONALISM AND HUMAN RIGHTS

Author(s): Nikola Gjorshoski / Language(s): English Issue: 1/2018

One of the essential postulates of political orientation and determination for the building of stable societies and a functioning political system in its content recognizes and imposes the need to examine the relation of relevant political actors to constitutionalism and human rights as concepts and preoccupations for any modern society. Also, constitutionalism and human rights and freedoms as its inseparable category manifest the political values and the corpus of essential and common political goals and commitments of a particular political community. Political Islam as an ideological political subject has its own sources and a valuable orientation framework through which prisms and perceptions can be interpreted or extracted by individual axiological determinants to certain issues. This paper analyzes exactly the relations of political Islam with constitutionalism and human rights, and similarly to the so-called framework it draws attention to the concepts of power, the mechanisms of control and compliance with the Sharia regulations. At the same time, the importance of human rights and freedoms in the Islamic narrative, their nature and scope, as well as the differences with the western established documents in this area are emphasized and analyzed.

Международна кръгла маса „Поглед към славянската аксиология“

Author(s): Vanya Micheva / Language(s): Bulgarian Issue: 37/2018

Характеристики на средновековните ислямски затвори на остров Сицилия (IX – XI век)

Author(s): Desislava Vladimirova / Language(s): Bulgarian Issue: 2/2019

The medieval prisons are part of the Islamic governing system as in the Near East as in the Magreb. The sources about their organization and working methods are rare and straggling. Whatever, medieval Islamic prisons deserve an attention because they are connected with the general institutional environment in the Islamic lands. This article surveys the Islamic prisons in Sicily in the period 9th-11th century. It begins with a review of the emergence of the first Islamic prisons. This information serves as both forming initial impressions and a basis of the subsequent analysis. An important contribution of the article is the collected information from different by language, type and time historical sources. Their careful readings, coupled with a compare analysis, allow us to draw conclusions about the characteristics and location of the medieval Sicilian prisons. Comparison with the prisons in the other Islamic lands over the same historical period shows us common features. This makes it possible to conclude that the penal institutions on the island follow and work on a well-established model.

Ръкопис ЦИАИ 1160 и значението му за каноничното право на Балканите през XIV в.: ексцерптите от правилата на Трулския събор

Author(s): Mariyana Tsibranska-Kostova / Language(s): Bulgarian,Old Slavonic,Old Bulgarian Issue: 61-62/2020

This article examines the earliest extant collection of ecclesiastical legislation (1360s-1380s) in Bulgaria, its significance for studying Byzantine Canon Law, and the history of its reception in the Second Bulgarian Kingdom. Ms. 1160 of the Bulgarian Church-Historical and Archival Institute (CHAI) already has a phototype edition, but neither its compilation program, clearly linked to Bulgarian monasticism, nor its provenance have been sufficiently studied. It is one of the five earliest exemplars of a Byzantine prototype, conventionally known in Slavic studies as Pseudo-Zonaras, which is similar but not identical to the provincial Byzantine Nomocanon of Cotelerius. The content of the manuscript is richer than the textual core of the Nomocanon, including texts unknown in any other available copy. These unique texts highlight its currency in the 14th century. Regulations for clergy, especially monks, predominate. The author offers an explanation why the note by the principal scribe of the manuscript, the monk-priest Simeon, is placed after a text about the role of asceticism. She examines a block of sixteen rules from the Council in Trullo in its role as a textual “convoy,” concluding that its translation does not correspond to the translation of the same rules in the Slavonic Kormchaia books, although it follows the general translation principles of the Nomocanon corpus. The article also proposes that the inclusion of this textual block in the codex is not accidental, and maintains that it is methodically justified to study the earliest copies of Pseudo-Zonaras in order to determine the historical context that gave rise to this particular translation, so that we can establish in what degree it reflects the prototype and in what it constitutes a compilation. CHAI 1160 is a Slavonic translation of a Byzantine Canon Law codex from the first quarter of the fourteenth century in Palaiologos Byzantium, when canonical and secular law texts were newly bound together to restore the Byzantine legal tradition after years of Latin domination.

TRADITIO IURIS ROMANI IN SERBIAN CIVIL CODE

Author(s): Emilija Stanković,Srđan C. Vladetić,Milica Sovrlic / Language(s): English Issue: 2/2020

In 2009, was the 165th anniversary of the adoption of the Serbian Civil Code. Some of its regulations, like those concerning bequests, are still in effect as positive law. Let this serve as one of many examples of its continued relevance through history. The Serbian Civil Code was adopted in 1844. It was the fourth civil code in Europe. It was modeled on the Austrian Civil Code and introduced Serbia into the German legal circle. Roman Law, its tradition and reception, was a fundamental component of Serbian law since its earliest existence. It was founded on the Roman-Byzantine legal tradition. Through Saint Sava’s Nomocanon, written in 1219, it became the positive law in effect in Serbia. Later, with the adoption of Dusan’s Code in 1349, the tradition of Roman-Byzantine law was perpetuated. In the XIXth century, Serbia undertook civil codification much earlier than many more developed countries. Nevertheless, with the introduction of private property, all traces of feudalism were removed from Serbia, which cannot be said of many other states in that same period. Thus was paved the way for Serbia’s faster development of finance and commodity relations and in consequence of other spheres of life. Serbia built its relations with other countries quickly and thrivingly.

„MATER SEMPER CERTA EST“. QUELQUES RÉFLEXIONS SUR LA MATERNITÉ EN DROIT ROMAIN ET À L’ÉPOQUE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2020

The study presents one of the main principles concerning the establishment of motherhood in Roman law and founded according to most authors of Paul's text in D. 2.4.5. They are found in most modern legislations, but in recent decades, it is increasingly necessary to find the Roman law tradition in its authentic sense and some ideas for flexible application of these principles in relation to adoptions, assisted reproduction, surrogacy, etc.

THE INFLUENCE OF ROMAN TRADITION ON THE HERITAGE IN KOSOVO

Author(s): Berat Aqifi,Ardian Emini / Language(s): English Issue: 2/2020

The heritage was born in a certain period of historical development of society, but over time it has evolved like any other legal institution in terms of inheritance law system in part of legislation, in relation to different countries, but also numerous similarities between their systems, but always maintaining the basis in Roman law. Inheritance as one of the institutions of private law in general and civil law in particular is considered one of the oldest institutions that was initially regulated by customary norms, where the inheritance measure presents the basis for inheritance call. Roman inheritance law, which had gone through three stages of its development from the Lex XII Tabullarum until the final regulation of inheritance law within the framework of the Justinian Code, when often with the development of productive forces and the raising of human consciousness in the community primitive, where in contrast to slave owning society there was the right of inheritance based on customs inherited primarily by boys, while unmarried girls were entitled to dowry and only legitimate children. Inheritance is one of the most important institutes of civil law, and constitutes one of the ways of gaining property due to death or mortis causa, compared to all other ways of gaining property, which are between the living or inter vivos. It follows that our law in general Albanian law has been influenced for centuries starting from the customary Kanun law to the modern inheritance law.

ГЛАСЪТ НА ЖЕНИТЕ В РИМ. ИСТОРИЯ, КОЯТО РАЗРУШАВА МЪЛЧЕНИЕТО И НЕРАВЕНСТВОТО

Author(s): Amelia Castresana / Language(s): Bulgarian Issue: 2/2020

Nowadays, on the iconic date of March 8th, thousands of women and men fill the streets of our cities to make visible gender inequality. In such a feminist mobilization, voices are raised against the pay difference and the discrimination in the workplace, domestic and sexual violence, and calls in favor of equality between men and women are written in capital letters. Everyone listens, reads, understands and shares these legitimate demands of women. However, these demonstrations have their origins in Ancient Rome. More than 2000 years ago, Roman women went to the streets to protest publicly against sexual violence and abuse of power by men. The article traces the various stages of this protest, as well as in particular the measures regarding the exclusion of women from political life and the restriction of their labor initiative.

ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA

Author(s): Tewise Ortega González / Language(s): English Issue: 2/2020

In the present study, we will analyze succinctly the content of the Regula Catoniana, included in D. 34.7.1, which in the matter of legacies, prevents the production of effects of a invalid legacy ab initio, regardless of the moment in the one that the death of the testator, has taken place and even if the invalidating cause has disappeared, considering that, if it´s invalid at the time of being granted, it shall be null at all times, making special reference to one of the cases of application of the aforementioned rule, as is the legacy rem legatarii. At the same time, we will reflect briefly on the matter contained in the Spanish Civil Code, regarding the legacy of thing belonging to the legatee, to determine the influence of Roman legal provisions in the configuration of this type of legacy at present.

NEGOTIORUM GESTIO AND UNJUST ENRICHMENT

Author(s): Valentina Đorđević / Language(s): English Issue: 2/2020

In modern legal systems, an indispensable element of negotiorum gestio is an intervener’s intention to act in the interest of another. This subjective element is an important criterion of demarcation between the benevolent intervention of another’s affairs and unjust enrichment. Insisting on the subjective conception of negotiorum gestio which takes into account intention of a gestor to act in the interest of another or objective conception which neglects such an intention is contrary to both the Roman Law resources and methods Roman jurists worked with.

DIRITTO ROMANO E DIRITTO CINESE. TRA LE FONDAMENTA DEL CODICE CIVILE DELLA RPC

Author(s): Stefano Porcelli / Language(s): Italian Issue: 2/2020

On May 28th, 2020 it has been approved the long-time awaited Civil code of the People’s Republic of China which will enter into force on January 1st, 2021. The new China Code is the product of decades of work and it is the result of the interaction of ‘bourgeois’ and ‘socialist’ interpretation of the Roman law sources in the light of the multi-millennia Chinese culture. The new Code offers interesting cues to be taken into consideration for obtaining a sounder knowledge of the Chinese law as well as to reflect on structures and legal schemes ascribable to the Roman law tradition itself.

THE PRINCIPLE OF GOOD FAITH AS AN ETHICAL AND SOCIAL CRITERION FOR GUIDING THE DEVELOPMENT OF INTERNATIONAL TRADE

Author(s): Amparo Montañana Casaní / Language(s): English Issue: 2/2020

Article 7 of the 1980 Vienna Convention on the International Sale of Goods establishes as one of the criteria of interpretation of the Convention a call for the "observance of good faith in international trade". By introducing this principle, the legislator’s intention was to adapt the interpretation of the Convention to the changing reality of international trade.

LA SOCIETÀ IN DIRITTO BULGARO E LA SUA ORIGINE NEL DIRITTO ROMANO

Author(s): Stoyan P. Ivanov / Language(s): Italian Issue: 2/2020

The aim of this article is to examine and to outline the origin of the contract of societas (partnership) in actual Bulgarian law in Roman law and to present it like a typical example of an institute received by the Roman law towards the Western European codifications of the private law from XIX century. The author makes the conclusion that the contract of partnership in Bulgarian legal system according to the Law of obligations and contracts and the constant interpretative practice of Bulgarian Supreme Court of Appeal follows the genuine Roman law tradition being that a bilateral or multilateral contract with the objective to realize profits for the partners (economic goal), which creates only internal relations without any external effect and without the establishment of an independent legal subject – legal personality.

DALLA CULTURA DELL’'EDUCAZIONE DELL'ANTICA ROMA ALL'INTEGRAZIONE DEI MINORI STRANIERI E ALL'EDUCAZIONE MULTICULTURALE

Author(s): Carmela Zaffino / Language(s): Italian Issue: 2/2020

From Rome come the educational and humanism principles that inspired our culture. In light of these principles, the problem of immigration is analyzed in particular of foreign minors, who have made up a significant part of the migration phenomenon in recent years. The educational debate on multiculturalism that has been addressed among researchers wants to overcome the concept of emergency policies and aims to address reception in a systematic way. In the foreground, action must be taken to improve inclusion practices and that must be dealt with organically in order to implement the constitutional principle of the right to study. In the part that deals with intercultural education, pedagogical science, in an attempt to respond to various needs and different educational realities, aims to implement the regulations on multicultural education. The work outlines some of the main laws enacted for the regulation of the migration phenomenon and the school legislation envisaged for the inclusion of foreign minors.

In Defence of Utopia. Józef Tischner’s Thinking about the Social Ethos

Author(s): Krzysztof T. Wieczorek / Language(s): English Issue: 8/2022

An important trend in Tischner’s philosophical output was the observation of the phenomena that would occur in the current social life of Poles. The trend gained particular significance at the turn of the 1970s and the 1980s, when the processes that finally led to the systemic transformation began. During this period, Tischner made a successful attempt to reconstruct the Polish social ethos. It turned out that its integral element is the presence of utopian projects to rebuild the social order in the country. Tischner stated in his analyses that these utopias play a constructive role in the social life because they motivate people to engage in the political struggle for deep system reforms. The article presents the content of Tischner’s reconstruction of Polish utopias from the 1970s and the 1980s and the correlation between social ethics, ideological discussions, and political practice of the declining period of the Polish People’s Republic.

The Idea of Solidarity in the Concept of Man Created in God’s Image

Author(s): Marek Petro / Language(s): English Issue: 8/2022

Moral theology concerns the morality of society and acts of an individual or a group of individuals that constitute that particular society. Morality teaches us to properly respond to God’s calling, so that we can fulfil our ultimate goal. The Catechism of the Catholic Church, regarded as a compendium of the doctrines of the magisterium of the Church, can also serve as a valuable source for teaching moral theology. In the first section (“Man’s Vocation Life in the Spirit”) of the third part (“Life in Christ”) of the Catechism of the Catholic Church, we can learn that man has been created “in the image and likeness of the Creator” (chap. 1, art. 1), where solidarity plays a significant role. The present paper analyses this issue.

The Concept of Subjectivity in the Light of Józef Tischner’s Thought

Author(s): Krzysztof Wielecki / Language(s): English Issue: 8/2022

Reverend Józef Tischner was undoubtedly one of the most outstanding Polish philosophers of the second half of the twentieth century. What we owe to this student of Roman Ingarden is the flourishing of phenomenology and the philosophy of dialog not only in our domestic philosophical, but also sociological, psychological, and anthropological thought. His philosophy of drama is an original and very important current, which is enriched not only by the “Queen of the Sciences” but also offers great support to the related sciences, particularly sociological sciences. Within them, subjectivity is an extremely important subject of contemplation. This article is a sketch of the analysis of the benefits that a sociologist, researcher of subjectivity, can derive from reading Józef Tischner’s works.

Dignity of the Human Person

Author(s): Adrian Loretan-Saladin / Language(s): English Issue: 8/2022

The Vatican II fundamentally changed the ecclesiastical view towards the human person. Especially in Nostra aetate, Gaudium et spes, and Dignitatis humanae it strengthens the dignity of the human person and personal freedom as base for a world with equal rights for all mankind. Therefore, the council qualified discrimination of all kind as against God’s will. These statements have a huge impact on the necessary further development of theology and canon law.

Matrimony between Christians: Historical Dynamics and Canonical Perspective

Author(s): Stanislav Přibyl / Language(s): English Issue: 11/2023

Firstly, the article provides basic information on the biblical teaching on marriage. While the Old Testament sees marriages with numerous offspring as a high value, the New Testament shows a tendency towards celibacy, be it on account of imitating Christ or for the expectation of imminent parousia. The most important author amongst the Fathers of the Church, St. Augustine, made a significant contribution towards forming the Catholic doctrine on marriage upon which drew even the medieval scholastics. In the modern age, the Church complained about the countries which forced their concept of marriage on the Catholic faithful. Even today, the Catholic Church is against the breakdown of marriage by means of divorce. Since the Second Vatican Council, however, there has been a development, for example, as regards contracting marriages between Christians of Catholic and non-Catholic confessions. Prior to the publication of the 1983 Code of Canon Law, this was expressed in the motu proprio of Paul VI Matrimonia mixta, whose regulation did not have to be changed substantially in the Code.

LAESIO ENORMIS – ПРЕКОМЕРНОТО УВРЕЖДАНЕ В СЛЕДКЛАСИЧЕСКОТО РИМСКО ПРАВО СПОРЕД РЕСКРИПТИТЕ НА ИМПЕРАТОР ДИОКЛЕЦИАН В ЮСТИНИАНОВИЯ КОДЕКС (CJ.4.44.2; CJ.4.44.8)

Author(s): Methody Todorov / Language(s): Bulgarian Issue: 1/2024

Laesio enormis is based on two rescripts of Emperor Diocletian in the Codex Justinianus (CJ.4.44.2, CJ.4.44.8). This institution does not exist in classical law, nor is it found in the Codex Theodosianus. The article justifies the issuance of the rescripts by Emperor Diocletian and the authenticity of part of the text, as well as the presence of interpolations in other parts of it. With their inclusion in the Codex Justinianus, a generalization of a legal authorization given for a private case and an exclusive hypothesis was made, and with the reception of the Codex Justinianus since the Middle Ages, this legal institute was adopted as a principle of contract law. The paper analyses his reception in canon law-the decretal Cum dilecti (Decr.Greg.3.17.3) of Pope Alexander III.