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This paper presents the main ideas of Leon Petrażycki’s methodology of social sciences. The main focus concerns Petrażycki’s idea of adequate theory. The author tries to show that contemporary formal methodology of empirical sciences illuminates Petrażycki’s concept of adequate theory. In particular, the relation between adequacy and truth can be illuminated by using metalogical concepts.
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Jusqu'au XVIème siècle la législation dans l'Empire éthiopien était principalement fondée sur les règles du droit canonique, les commandements bibliques, et des éléments du droit coutumier. Il a fallu attendre l'apparition du premier écrit code juridique pour voir l’intégration du droit romain et byzantin dans la législation éthiopienne.La codification du droit en Ethiopie, qui a eu lieu dans les années 1924-1933 et 1950-1960, a exigé des codificateurs l’application des législations des pays du monde occidental. Pour la création du code criminel et du code civil, on a utilisé les codes des pays dont la législation s’appuyait sur le droit romano-germanique, aussi bien que ceux des pays dont la législation reposait sur le droit anglo-saxon.Le texte ci-dessous tente de repondre à la question: à quelle famille juridique appartient la législation éthiopienne contemporaine?
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The article is devoted to a comprehensive analysis of the main sources – works that appeared during the life of Confucius, which developed and supplemented the main elements of Confucian doctrine. Provides basic information about the life and work of thinkers – pupils and followers of Confucius, options for translation and interpretation of titles of treatises and terminology. The main provisions and ideas of the treatise "Zhong yong" written by the students of Confucius, which is of fundamental importance for the process of the historical evolution of Confucian doctrine, clarifies, details and deepens the theses of his main book "Lunyu" are suggested. But against the background of the traditional Chinese picture, one of the key principles of Confucianism stands out – the principle of the "golden mean", the critical importance of the personal virtue of rulers, and also draws attention to the main approaches to defining the formula of human nature. Based on the study of scientific sources, conclusions were drawn about the almost instantaneous beginning of a complex deepening, improvement and development of the teachings by the first disciples of Confucius. Confucianism was formed as a way of interpreting the ancient Chinese system of signs and concepts, categories embedded in the mythological form in an active, active spirit. The development of the Confucian doctrine was due to the incorporation of parts of other teachings. Confucianism essentially developed through finding common ground with other Chinese doctrines. The key idea that appeared in the development of Confucianism is the assertion that everything in a person, including his inner world, is only a reflection of the natural world, and the restoration of perfect social institutions cannot mechanically bring ideal order in the Celestial Empire. In the course of its long evolution, Confucian traditional thought put certain fundamental problems and categories on the agenda much earlier than European thinkers did, of course, at the traditional level, which corresponds to those ancient centuries.
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The article provides a philosophical and legal analysis of the category of equity in the jurisprudence of Polish courts. The author distinguishes two main ways of invoking equity by courts: 1) indirect − by applying a provision containing a general clause indicating equity or other values, and 2) direct − by voluntarily invoking equity under the discretionary power of a judge. The author presents examples from Polish jurisprudence showing why courts rely on equity on their own initiative. An appeal to equity may confirm the results of the performed interpretation, or it may oppose them. Courts use the argument of equity also when justifying partial decisions that are crucial for making a final decision, and even with less binding decisions, such as demands for a change in the law. At the end, conclusions are formulated regarding the understanding of equity a casu ad casum and the going beyond the framework outlined by the legislator in this respect. The author concludes that in many cases the court gives meaning to equity only at the stage of applying the law, during the process of interpreting and selecting arguments for the purposes of a judgment. Moreover, it is concluded that courts often refer to equity without explaining this concept or justifying its application. Therefore, one may be tempted to conclude that it is impossible to avoid even a small dose of subjectivism when invoking equity.
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Organizations involved in the protection of animals have long indicated the need for changes in Chinese legislation, which, in their opinion, insufficiently protects the welfare of animals (both wild and farmed). This matter has recently been a subject of debate in China itself. Some Chinese scholars point out the negative aspects of the Chinese economic miracle, including the environmental degradation and bad situation and living conditions of livestock and wild animals. Postulates to improve the situation of animals, however, also have their opponents, and one of the more often cited critical arguments is the one about the “extraneousness” of the concept of animal rights and animal welfare in Chinese intellectual culture, and the imposing of “western values” on China. In the article, I verify the above statement by analyzing the most important Chinese philosophical systems: Taoism, Confucianism and the Chinese type of Buddhism, as well as the Chinese communist thought, in terms of their positions regarding the obligation of humans towards animals. I also analyze changes in the contemporary approach to animal protection and animal welfare, based on the example of the amendment to the Law of the People’s Republic of China on the Protection of Wildlife.
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From Labeo to Paul, not a few Roman jurists dwelt on innominate synallagmatic agreements, discussing in particular the requirements they had to meet in order to be protected by the courts and through which actions such protection could be granted. The focus of the essay is precisely the reconstruction of their varied thought, sometimes diverging from that proposed by Carlo Augusto Cannata, who in many works explored the theories of the prudentes in contractual matters.
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Adopting the methods of institutional analysis and case law analysis, the paper answers how specific elements of rule of law backsliding impact advocacy for minorities’ rights’ recognition. The phenomenon is analysed in the case of Poland, a state that since 2015 has been experiencing directed erosion on rule of law standards. Between 2018 and 2020, governmental leaders in Poland targeted lesbian, gay, bisexual, and transgender (LGBT) people in the context of electoral campaigns. The paper discusses long-term legal, political, and social factors contributing to creating an environment where such anti-LGBT campaigns are possible. It further demonstrates that specific elements of rule of law backsliding, such as politically subordinating the Constitutional Tribunal and the office of the Prosecutor General, enable authorities to apply discriminatory legal instruments to limit the targeted minority’s rights and also make resistance to it with legal means more complex. Against this backdrop, the paper argues that human rights defenders’ immediate responses—private civil lawsuits, artistic projects, and monitoring of discriminatory actions of the authorities—were key for drawing domestic and international attention to anti-LGBT campaigns, which later led to the European Union’s institutions concrete actions and an independent Commissioner for Human Rights’ legal actions. Cumulatively, these actions contributed to reversing elements of the anti-LGBT campaign in Poland.
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The paper entitled Considerations About Politics in the Greek World in Thucydides, Plato and Aristotle Works has as aim to emphasize the political ideology and their thoughts about the role of leadership, and of the laws in the state management. It is interesting to observe the evolution of these ideas, the parallels and the differences of opinions between this three great philosophers whose ideas are at the same time ancient and modern, being the basis of the ideological evolution of the modern state.
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The article attempts to provide a more precise answer to the question of Paul Vladimiri’s (Latin: Paulus Vladimiri; Polish: Paweł Włodkowic) account of the concept of permissive natural law. This purpose is realized in two steps. First, a brief history of permissive natural laws in the tradition of medieval philosophy is discussed, and the historical context, in which Paul Vladimiri developed his concept of natural law, is outlined. Next, some excerpts from Vladimir’s writings, in which he uses phrases indicating the presence of the concept of permissive law in his philosophy, are analysed.
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The article is devoted to gnoseological aspect of legal life in the framework of phenomenology. The author draws attention: phenomenology understands the right as the horizon of the life-world. Phenomenological methodology involves immersion in depreciating a given life-world, and then climbing to the right horizon, with a gradual allocation of the corresponding ontological forms and structures. The expression of the process of ascension to the possible horizons of law is the concept of «legal life», which involves the description of its forms and content as the «from…» «to…». The author proves the assumption that the semantic characteristics of the life-world set the context of the integrative interpretation of the law, the purpose of which is understanding the meaning of rights contained in the structures of consciousness. This approach to the interpretation of the legal concept of life gives you the opportunity to specify its content through the following conceptual dimensions: 1) «the legal life is the real world of law»: the meaning of law will be defined as the vital practical modus activity and the context of all communications from the regulatory due to daily contacts to legal interactions, regulated by the state; 2) «the legal life is lost the Foundation of the Sciences of law»: legal life is conceived as the world of prescientific experience, in which legal, life is a process of accumulation, institutionalization, and symbolization of socially significant meanings to which people are guided in their daily activities; 3) «legal life always precedes the scientific and practical development of law»: the intrinsic value of the rights is due to the ability of an entity to the formation of ideas about «normal life»; 4) «the legal life is the space obvious statements about the law»: the meaning of the law consists in the consciousness and articulation of the entity, its presence in legal processes, and the familiarity and accessibility of legal entities involve the allocation of these standards, norms, patterns of behavior, sustained reactions to recurring situations; 5) «the legal life is an actual right»: the sense of the active presence of the law suggests that the subject is included in the right, he mastered it and almost acts or omissions in accordance with the law involved in their creation, understands law as a value and a form of social consciousness.
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The postmodern society finds itself now more than ever, under the sign of sexuality, people becoming more and more “open” to everything that implies “sex”. Temptations are more and more explicit both on the level of fashion, makeup, music, and on the level of leisure and holidays. Sex has become so present in our culture that it became a part of the air we breathe in (Weeks 1986, 4). Moral and legal constraints that once made unfaithfulness a sin, shameful or a felony, are now gone. Today's society almost does not constrain you to be faithful, only the love for the spouse being able to do so.
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In some cases, after the marriage has been dissolved, a significant economic imbalance can be created as regards the living conditions of one of the former spouses, and should therefore be required that, if he/she is not guilty of divorce, to be assured of living conditions similar to those which he/ she had during his/her marriage. The tool which the interested spouse has at his/her disposal is the compensatory benefit. By regulating the institution of compensatory benefit, the Romanian legislator wanted to offer a legal instrument that would compensate for a possible imbalance in the way of life that the divorce would produce to the person requesting such a benefit. The study shall make a theoretical and practical analysis of the conditions for granting the compensatory benefit, the method for determining the amount and the procedures for amending and ceasing it.
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The treatment of virtual currencies when it comes to income tax differs as much as the definitions of virtual currencies from country to country. It depends on this definition whether the existing laws corresponding to income tax can also include virtual currencies. Most commonly, virtual currencies fall under a certain category of income and thus are taxed accordingly. Many states have also published clarifying documents on how virtual currencies fit for tax purposes and how the existing legislative framework applies to them. Very few states consider cryptocurrencies as another type of currency, complementary to the usual one, whether we are talking about domestic or foreign markets, thus including them for tax purposes.
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The succession of logical forms being a facet of the otherness of time, the subsumption of materiality, and especially of conceptuality to different logical patterns become a truism that wears the garment of a logical evolutionary process. By this, it is imperative to undertake a logical-philosophical analysis on some conceptual entities that show traces of ancestry, in the sense of researching their logical permanence. The concordance with the temporality of this research demands, as essence, the research of the logical permanency related to that logicae prima facias. The latter prima facias as a logical pattern must imperatively be represented by the logical entity that has the value of ab initio point on the scale of temporality, namely the classical logic. Considering an ab initio conjugated homologous point, but which designates the source of fictionality in the field of law, we conclude that the legitimacies, functionalities, respectively subtleties of the principal pattern of classical logic that is incident in the conceptuality of legal fiction must be investigated in order to conclude over the actuality of this abstract construct of law-part of legal reality, as well as on the actuality of the precepts of classical logic as prima facias logicae.
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La complexité résultant de la pandémie issue du COVID-19 met en évidence la nécessité d’aborder juridiquement les diverses problématiques sous un angle philosophique et juridique également complexe, tridimensionnel, notamment trialiste, qui rend compte de la réalité sociale, les normes, les valeurs, les spécificités des branches du droit systématiquement intégrées dans la théorie générale du droit et l’horizon politique.
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The term ‘’state’’ management is closely related to the term ‘’governance’’ (management, governance, rule, authority), and the very etymology comes from the Greek word kubernao, which means ‘’to govern”. Studying of (new) state management, in the last fifth of the twentieth century, began to be widely practiced in developed countries, relying on the ideology of neoliberalism and political forces in the U.S., UK and international organizations (WB, IMF, OECD). For us the process started early in the 21st century, under the titles, state management and the rule of law, public management, management of state administration and local government, public sector management, etc. In doing so, very often these terms are taken to be synonyms, or their contents may be mixed. Causing even more problems, these terms are used for the titles of subjects under which segmented normative parts of the classical curriculum of legal “subjects” of administrative law and / or constitutional rights and / or economic policies and / or public finance and financial law and / or civil service law.
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This work presents the result of thorough reading of Plato’s dialogues, and it is focused towards emphasizing the role of Plato’s philosophy in selecting law science as independent science. By accentuating disproportion between theory and practice of antique time (as seen today as well) Plato indicated the necessity of separate research in the domain of ethic and law but through politics. Thus he partially covered up the essence of his message: people can be better if they want to. In order to be better they need a frame designed as a state which they must to create on their own. Such message could have also meant a political change. Therefore it had been wise to present it in a form of dialogue between imaginary characters and an imaginary polis so that the author would not have been in disgrace of powerful man as happened to Plato’s teacher Socrates.
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The opposition between physis and nomos was introduced by the philosophers of ancient Greece from the period of late sixth century until the beginning of the fourth century B.C. - the Sophists. In fact, the opposition itself arises from the content of these terms. The first one indicates nature and the second one law or rule by which people live. The human individual belongs to nature and, at the same time, is subject to the law or rule. Very often everything natural cannot be considered as acceptable to society, while the laws and rules bring everyone at the same level. Thus, being stronger does not necessarily imply being better and smarter. The Sophists established the moment when all natural in human individual was put in the second place, and all social and legal came in the first place. This is significant for the law science. The opposition between physis and nomos affects and is related to the legal values such as order, freedom, truth, justice and, as a social component of human being, influences the state creation.
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The academic field is one that raises many ethical challenges and needs a different approach in this regard. Being an activity field with many particularities, with diversified human relations, with the involvement of a large number of people and with often divergent interests between them, the academic field needs an ethical approach. To better understand the concept of ethics, one should start from the etymology of this word. The definitions of ethics are much more numerous and each one emphasizes one or more aspects considered as defining for it. As a common element of these definitions, one can remember first of all that ethics is about human behaviour. The law and the regulations cannot cover the vastness of these inter-human relations and they manage to solve the multitude of problems that may arise in the relations between teachers, in the relations between students or in the relations between teachers and students. No matter how well the codes of ethics are developed, they will not be able to regulate all of the issues raised by the academic life. That is why greater emphasis should be placed on making each person aware of the importance of acquiring an ethical way of being and behaving in society. The human factor is the one that can ensure the smooth running of the activity in the academic environment.
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The text proposes applications of argumentation models used in argumentation theory for the purposes of identifying statements formulated in the field of substantive criminal law science and practice. The research hypothesis is based on the assumption that, contrary to appearances, the doctrine and practice of criminal law should not confine themselves only to the traditional rhetorical and topical argumentation, because the multitude of threads, appearing both in the field of criminal law science and other areas of substantive criminal law, somehow necessitates also reaching for arguments that are appropriate for other models, for example epistemic-technological and communicative models. In this way, the interpenetration of certain types of statements, which is emphasized in particular in relation to deontic statements, allows for the differentiation of the meaning of truth in the area of substantive criminal law, resulting in the methodological consistency of the various essentially heterogeneous arguments appearing on this ground.
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