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Prilog kritici Radbruhove formule

Author(s): Bernd Šineman / Language(s): Serbian Issue: 1-2/2013

In his lecture Bernd Schinemann sets up criteria for a definition of law that would prevent escape from justice of perpetrators of crimes in non-democratic and totalitarian regimes. In this context Schinemann critically evaluates Gustav Radbruch’s theory on relationship between definitions of law and justice. Radbruch’s formula’s specific function is to stress that if one is to declare particular pieces of legislation of a former legal system null and void, then one could base criminal persecution of past crimes only on pieces of old legislation that are still considered to be in force. German courts used this doctrine after WW 2 as basis for criminal proceedings against persons accused for perpetrating crimes in the times of Nazism and during subsequent Communist rule in German Democratic Republic. Schinemann on the other hand provides arguments that demonstrate weaknesses of Radbruch’s formula. He maintains that public communication of rules and compatibility of such publicly communicated rules with the culture of a particular society provide a more reliable basis for defining the law and criminal persecution of crimes perpetrated in non-democratic societies. Law is the sum of legal values and rules of conduct recognized in a particular society.

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O pojęciu abstrakcyjnego narażenia dobra prawnego. Rozważania z pogranicza dogmatyki i teorii prawa karnego

Author(s): Mateusz Filipczak / Language(s): Polish Issue: 76/2016

The paper is about the controversy of an abstract danger of legal good, which is an element of constructionof a type of crime - the co called crime of an abstract exposure to danger.

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Prawo i estetyka: graficzny obraz systemu prawa?

Author(s): Jerzy Zajadło / Language(s): Polish Issue: XXXVI/2016

Legal philosophy is traditionally focused on such philosophical issues as ontology, epistemology, logic and ethics. It seems obvious that there is one more important philosophical issue – aesthetics. The Author of the article tries to fill this gap with the so-called pragmatic aesthetics formulated by Richard Schusterman. Using the Latin terminology he claims that law should not be only certa, praevia, scripta et stricta, but pulchra as well. On this background the Author proposes two graphic models of a legal system: the first one based on the logical structure (e.g. Hans Kelsen, Herbert L. A. Hart), and the second one focused on the axiological borders (e.g. Gustav Radbruch, Lon L. Fuller). In the conclusions the Author also presents some new proposals such as, f. ex., the three-dimensional vision of global law formulated by Rafael Domingo.

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Przyrzeczenie lekarskie jako Preambuła do Kodeksu etyki lekarskiej

Author(s): Maciej Hamankiewicz / Language(s): Polish Issue: 8/2016

On 23 June, 1990 the Supreme Medical Council passed a resolution establishing the formula of the Medical Promise. Its verbal content constitutes a particular set of nine virtues, based on the following notions: MASTER, SERVICE TO LIFE, RESPECT, SECRET, DIGNITY, COMMUNITY, PERFECTION, CONSCIENTIOUSNESS, SERIOUSNESS. Each physician about to begin his/her professional activity is obliged to make the Medical Promise. It is usually made by the graduates after completion of university medical studies, orally or in the written form. In a number of medical universities, for example, in the Karol Marcinkowski University of Medical Sciences in Poznan the Promise’s formula is identical with the one in the Preamble to the Medical Code of Ethics. There are, however, medical universities in this country where the Promise’s formula is different. Conceivably, a plausible introduction of the Medical Promise to the Statute on the medical and dental profession, where it is administered to by the president of a regional medical council, could be considered valid.

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O osobie mistrza w polskim „Przyrzeczeniu lekarskim”

Author(s): Bartosz Hordecki / Language(s): Polish Issue: 8/2016

The article is aimed at an attempt of defining the meaning of the “Masters” notion – presentin the “Physician’s Oath”. It also focuses on establishing to what extent the subject matter ofthis expression indicates how, in the light of a studied text, certain aspects of the core medicalpractice should be interpreted. In particular, whether the way the term “Masters” is employedin the Code of Medical Ethics, actually encourages or requires elimination of certain ways ofobserving medical practice – present nowadays and sometimes increasingly popular, especiallyin the context of bioethical and deontological disputes.

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Zasady postępowania lekarza w stosunku do pacjenta. Uwagi de lege lata i de lege ferenda na tle przepisów Kodeksu etyki lekarskiej

Author(s): Joanna Haberko / Language(s): Polish Issue: 8/2016

The article discusses principles of the physician’s conduct towards his/her patient while commentingon the Code of Medical Ethics provisions. The principle of observance of patient’s autonomyand that of the protection of patient’s personal goods and chattels clearly dominate therein. Eachpatient is entitled to a certain extent of autonomy. The issue is strictly associated with humanbeing’s personal goods, and implies the duty of its observance by persons rendering medical services,particularly if bodily integrity (bodily inviolability), along with the just mentioned autonomy of the will, are taken into account. The author analyses these principles in detail, stating that, ina number of instances, the commented regulation does not meet specific assumptions concerningthe precision of legal text. Still, despite the latter reservation, the author finds that the Code, moreoften than not, closes a certain gap which stems from an inadvertent omission on the part of thelegislator on the one hand, and particularises norms of the common law on the other.

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Kodeks etyki lekarskiej wobec leczenia na odległość – rozważania na tle art. 9

Author(s): Katarzyna Maria Zoń / Language(s): Polish Issue: 8/2016

At the beginning of considerations it should be pointed out that dynamic development of modernscience are significantly influenced on providing health service. The aim of this paper is to analyze selected aspects within deontological regulations connectedto the issue of remote health service. In this context art. 9 of the Code of Medical Ethics is carefully analyzed. According to the art. 9 the doctor is obliged to take the treatment only aftermedical examination. The exception to this rule is when medical advice can be given only ata distance. Afterwards are discussed the other regulations contained in the Code of Medical Ethics necessary for further consideration.At the end will be presented the conclusions of above analysis.

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„Zasady postępowania w praktyce lekarskiej”. Komentarz do rozdziału IV Kodeksu etyki lekarskiej

Author(s): Grzegorz Wrona,Mikołaj Maśliński / Language(s): Polish Issue: 8/2016

The present article forms the first part of the considerations on the Chapter IV of the Code of Medical Ethics, entitled „Standard of conduct of the medical practice (art. 56–68 CME). Thise paper contains an analysis of the articles 56–60 CME. According to the art. 56 KEL, the dutyof every physician is constant updating and improvement of their knowledge and skills, as wellas transferring them to their colleagues. Art. 57 CME prohibits physicians to use methods recognised by science as harmful, useless or not scientifically verified. Moreover, this provision prohibits a physician to interact with people providing treatment, and not having the authority to do so. Art. 58 CME regulates the rules of treating the medical staff by physicians. The fourth chapter also contains general guidelines on conduct of a physician towards the medical selfgovernment (Art. 59 CME). Finally, art. 60 CME defines the duties of medical chamber, in thecase of violation of the good name of the doctor when the screener for professional liability and medical court did not confirm the charges against them.

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DEMOKRACJA, PAŃSTWO I PRAWO – PODSTAWY, WARTOŚCI I WYZWANIA

Author(s): Michał Peno / Language(s): Polish Issue: 19/2016

In the philosophy of law, democracy is not paid much attention to, which is also the case withthe issue of mutual relations of law and democracy as well as the values, legal restrictions anddangers of democracy. This article is an attempt to put together all the basic problems related to the relationships of law, state and democracy defined in this way. General characteristics of democracy in the 21th century is to become the reference point for the analysis of dispute over the ConstitutionalTribunal. The article ends with comments on legal and axiological problems as well as challengesof the 21th century democracy. The postulate to hand over the issue of the Tribunal to the ruling people (citizens) is formulated and justified. The disputes over the Constitutional Tribunal indemocracy should be seen as natural.

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Pristrasnosti kao razlog za izuzeće sudija u postupku pred međunarodnim krivičnim sudom za bivšu Jugoslaviju

Author(s): Dejan Milovanović / Language(s): Serbian Issue: 1/2017

This article analyzes principle of independence and impartiality of judges and the possibility of disqualification of judges on the basis of partiality at the International Criminal Tribunal for the former Yugoslavia, with an emphasis on practice. The article also pointed that the fair trial is a basic human right of the accused, the accused has the right to be tried by an independent and impartial court. Disqualification of a judge prevents partial and biased judges deciding in a particular case. The exclusion of judges implies the relevant, specific reasons for disqualification of judges, especially is important the required threshold of exemption. The institutional independence of the court is also imortant and associated with independence of individual judge. The practice of judicial exception in proceeding at the ICTY must be compared and evaluated with the stated principles and international standards of judicial independence and impartiality.

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OBRAZOVANJE PRAVNIKA U REPUBLICI SRBIJI - TRENUTNO STANJE I PERSPEKTIVE

Author(s): Suad Bećirović / Language(s): Serbian Issue: 06/2015

Studies in the field of legal sciences are very attractive in Serbia, therefore almost every university in Serbia offers studies in the field of law. A total of 5,830 accredited study places at the undergraduate level in the field of law is offered at 29 different study programs at thirteen of the total eighteen universities in the Republic of Serbia. This attractiveness originates from the needs of the labour market, where especially in the public sector there is a need for legal specialists. A growing number of law graduates leads to the second challenge, that is. the challenge of employment. This is the reason why this paper wants to analyse how it is possible to increase employability of law graduates in Serbia. In addition, study programs of law were analysed regarding the adequacy of training for future practical tasks. To answer these questions, in the first step the current supply of study places in the field of law in the Republic of Serbia and an analysis of the potential demand of high school graduates was presented. In the second step, an analysis of the competencies required for legal specialists was done. After this preliminary analysis, a detailed analysis of the study programs of undergraduate studies in law in the Republic of Serbia, as well as a comparison with study programs in the United States, Great Britain and Germany was carried out.

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PRAVNA RETORIKA U STUDIJSKOM PROGRAMU OBRAZOVANJA PRAVNIKA

Author(s): Marinko Kresoja / Language(s): Serbian Issue: 06/2015

The right is inherently related to language and speech, and thus implies that the lawyers and the best speakers. Legal rhetoric is one of the most challenging but the most responsible kind of rhetoric. The speech of lawyers is in operation for a noble cause. Lawyers in essence his speeches aimed at justice and fairness, and therefore this kind of rhetoric is paid exceptionally high attention back to the man's distant past. Lawyer - the speaker in front of you must have a clear goal and that is to prove what it claims. So, for lawyers when they speak, with those who listening him, must not leave any doubt or room for assuming their conclusions. From lawyers, as well as a good speaker, is expected to link the normative legal content and the reality in which they can express themselves. Interpretation of the said content is a condition of their practical realization. Legal rhetoric should not only as a way of expressing the legal content of speech, but also as a way of interpreting the law and justice. The importance of that right they have arguments and interpretations of law, develops and in the area of legal rhetoric, which goes back into the character and its rightful place, especially in the education system of lawyers. The subject of this paper is rhetoric and its structure, with special emphasis on legal rhetoric. Committing to this topic there are several reasons. Legally speaking primarily in the narrow sense (judicial rhetoric) is the oldest known form of rhetoric in general, and as such is the most responsible for the development of rhetoric, then it is most appropriate for the understanding of its essence and meaning. Legally speaking contains a great extent all the other rhetoric, especially political; is not directed only one time, one side of human life, but equally multifaceted focuses on the past, present and future. Furthermore, legally speaking more than any other rhetoric corresponds with the universe of human existence, and as such it is functional, but certainly more necessary one. This is speaking from which and with which it is possible to graduate all other rhetoric, and identify what has to speech as such important in the current situation and the circumstances.

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POGLED NA POTREBU I ISKUSTVA UVOĐENJA RETORIKE (VEŠTINE GOVORNIŠTVA) U OBRAZOVANJE PRAVNIKA

Author(s): Nebojša Teofilović,Tomislav Radović / Language(s): Serbian Issue: 06/2015

Rhetoric is a theoretical term for a set of rules and skills of oratory - oratory, the practice in which these rules are more or less successfully applied. Historically speaking, this is oratory, rhetoric, because preceded the first built and built oratory practice, and then the same rules. Since the mid-nineties in the US, first at the Faculty of Law in Belgrade, run competitions of students in speaking, and shortly after the rhetoric as a subject appears in the study programs of other faculties. Practice shows that the well-educated lawyers, theoretical knowledge is only a good basis, which does not guarantee success in carrying out practical legal skills. In other words, a successful expert in any field of law, must have a real addition to the specific knowledge and rhetorical skill, precisely to their views could be expressed in a clear and convincing way. This article is an attempt to once again draw attention to the need for further development of the teaching-scientific discipline in the work of primarily legal, but also from other faculties socio-humanistic orientation in the US.

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PRAVNA NORMA I NJEN ZNAČAJ

Author(s): Rejhan Kurtović / Language(s): Serbian Issue: 06/2015

The author deals with the issue of legal norms as the basic element of law, giving special emphasis to its invaluable signficiance about the law in general. In a very long tradition, legal norm represents a privileged part of the study of law science and the history of law, which by the time being remains a central issue of the theory and philosophy of law. The paper pays special attention to the legal norms, as well as a complex of activities related to law and autonomous organization of social relations.

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TUMAČENJE PRAVA – PRAVNA HERMENEUTIKA

Author(s): Rejhan Kurtović / Language(s): Serbian Issue: 07/2016

Interpretation of the law or legal hermeneutics is an activity that defines the significance ie. meaning of legal norms. Interpretation of the law has a very long tradition, and lawyers dealing with the interpretation of the law since the first written legal documents to this day. This legal activity always has new meaning and a new challenge, because the implementing of law precedes to the interpretation of law. As a first it does need to interpret the law and then implement of it. The author of this paper deals with the issue of legal heremeneutike and its importance in the application of law in general.

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OPRAVDANOST IZUČAVANJA LATINSKOG JEZIKA NA PRAVNIM FAKULTETIMA

Author(s): Hivzo Gološ,Ahmed Bihorac / Language(s): Serbian Issue: 07/2016

Latin was the language of the millennia diplomatic language in Europe and in the Middle Ages and the large number of new states. Until the advent of world languages French, Angleščina, Arabic and Russian, Latin language was unmistakable. Latin language until the last decade of the twentieth century was required in all faculties of social sciences. Knowing the language makes it easier to study law, history, medicine, literature and other sciences. Back to the Latin language faculties of law will enable easier study and application of the law in our country and in the world.

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Pozytywistyczna koncepcja prawa a konstytucyjne akty prawa wewnętrznego oraz pozakonstytucyjne akty normatywne administracji

Author(s): Piotr Ruczkowski / Language(s): Polish Issue: 1/2014

This article constitutes an attempt to evaluate the legal status of legislative acts of internal characterprovided for in the Constitution and some actions exhibiting features of normative acts not providedfor in the Constitution of the Republic of Poland of April 2, 1997 but present in the process of administeringthe state, from the perspective of legal positivism and the theory of law sources. In particular,the article attempts to answer the following questions: Do such acts constitute legislation fromthe point of view of legal positivism, i.e. can they be considered to be normative acts containing rulesof a general and abstract content established or approved by the state?

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Norma prawna: wyrażenie czy wypowiedź?

Author(s): Mikołaj Hermann / Language(s): Polish Issue: 2/2013

Opting for the linguistic concept which dominates Polish legal theory does not eliminate all doubtsabout comprehension of legal norms. The aim of the article is to determine whether such norms should be perceived as expressions or statements. It would seem that, except for improving conceptualapparatus, this problem is of no considerable significance. Nevertheless, finding a solution to it would allow us to address many other important issues. The recognition of the legal norm as a statement would make it possible to: coherently arrange the links existing between a lawmaking actionand its substrata at different levels, specify in detail relations between a legal provision and a legalnorm, define what functions are played by validating rules and rules of exegesis in legal system construction, resolve a dispute on whether systemic nature is an immanent or transcendent characteristic of law, and also address the issue of equivalence of legal norm.

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Interes publiczny czy interes prywatny w zasadzie in dubio pro tributario?

Author(s): Marta Tużnik / Language(s): Polish Issue: 35/2017

The article discusses the principle in dubio pro tributario, which was established by the law of 5 August 2015, Act – Tax Code and some other laws. This Act came into force on 1 January 2016 introducing the general provisions of the Tax Code art. 2a is inserted: “indelible doubt about the contents of tax law are resolved in favor of the taxpayer”. The axis of discussion article was an attempt to answer the question: is based on the principle in dubio pro tributario interests of the taxpayer will actually be protected and whether the public interest will be treated on a par with private interests (the taxpayer).

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The meaning of symbols in the legal culture of modern Europe

Author(s): Zdzisław Brodecki,Mirosława Myszke-Nowakowska / Language(s): English Issue: XXXIII/2015

In the Declaration No. 52 set out in the Final Act proclaiming the Treaty of Lisbon, the 16 Member States stated that the ﬂag and the anthem of Europe “will for them continue as symbols to express the sense of community of the people of the European Union and their allegiance to it.” Similar content includes art. 213 of the Rules of Procedure of the European Parliament from 2009, according to which this EU institution acknowledges and accepts “these symbols of the Union”. Unfortunately, Poland is not within this group.This fact can be considered as a symbol highlighting the occurrence of the phenomenon of the “clash of legal cultures.” It is difficult to overestimate the importance of various symbols, allegories and metaphors for “Unity in diversity”. They are important for the acceptance of all the national languages of the EU as the original versions of the Treaties. The authenticity of each of these languages significantly impedes their textual interpretation, and thus removes it into the shadow of the “open” text, behind which is an interpretation consistent with the wording and purpose of EU law. The axiological Treaty rules fulfill any symbolism with a deep meaning in the discussion on the future of Europe; become the language of communication. A symbolic, allegorical or metaphysical element facilitates the understanding of ideas and concrete standards (principles and practices) that are shaping the legal culture of modern Europe under the auspices of the European Union and the Council of Europe. With this in mind, it has been used in the “Law of the institution. A Constitution for Europe “(where the symbols refer to the importance of the architecture of the West) and the triptych:” Europe of Judges “,” Europe officials “and” Europe of entrepreneurs “(where the symbols reﬂect the structure of the book in relation to the myths).

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