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The article shows the intelligentsia's contribution to formation and development of Ancient Roman jurisdiction. Much attention is paid to the extra-legal criteria conditioning the specificity of jurisdiction during the mentioned historical period. The empirical material of the article is represented by quotes from the historical, philosophical and legal monuments confirming theoretical arguments of the author.
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Despite its central position in the system of civil institutions, civil liability is a subject of debate in the Russian science of civil law. Russian law is most closely connected with German law due to geopolitical proximity and common traditions of Roman law. German law is a leader in defining liability and may have a significant impact on the improvement of the Russian institute of civil liability. The Russian legal system ought to take into consideration the experience of German law, where liability goes beyond obligation and includes the stage of its implementation.
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The judiciary has excelled in the international and national scene, reaching role of great importance, thus creating opposition to the legislative and executive powers. The center of gravity of the sovereign power of the state moves toward the judiciary, that happens to have a more active role and controlling of the others powers, but also appears as a great defender of social and fundamental rights causes, seeking to make an effective constitution. Its great public notoriety has attracted great distrust of various sectors of society, especially by the two powers that have an increasing interference. Arises, therefore, a speech that the judiciary would be reversing into a big and uncontrollable power, increasing the suspicion that now it would be living in a real dictatorship of the judiciary through judicial activism. There is a growing concern with the expansion of activism and the role of the judiciary. The purpose of this work is to conceptualize and approach the judicial activism and the state of exception to search and reveal if there is any similarity, to then draw up a possible answer to the concern of forming a dictatorship of the judiciary. The state of exception is one of the rule of law paradoxes, while activism is a political manifestation of the judiciary. The similarity between the institutes appears as appalling in a dynamic expansion of political power of a state institution exercising judicial function, putting in check who would be the sovereign in a rule of law and democratic state.
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The problem of adequacy of epistemological forms of perception of the category of norm of law to its actual content is urgent in the context of the current situation with the uncertain content of some legal phenomena. The epistemological nature and logical certainty of the category of regulatory prescription are considered. In order to reveal correlation between the categories of norm of law and regulatory prescription, it is suggested that the latter should be treated as an expression of the comprehensive content of norms of law. The norm of law, as an epistemological tool and the result of scientific knowledge within the legal institutional framework, is an integrated form of textual expression of the content of articles of laws and other normative legal acts. The norm of law is not a rule of conduct, thereby being rather the rule in general, i.e., having the universal nature, which is expressed as an authoritative order. It defines the socially meaningful model of prospects and dues in the regulation of social relations, as well as the legal status of their participants for the purpose of smooth development of the society and state.
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In the past, the international society was also characterised by the fact that, in lack of international organisations, in case of armed attack or other violation of international laws, the personal self-defence was predominant, with the affected state being the only one which had the possibility to react towards what it considered a violation of its rights, resorting to force in order to protect its own interests. The events occurred after the Second World War, especially consecrating in art. 2 p. 4 from the UN Charter, the principle regarding the prohibition of force or force threatening in the international relations, had as a result the fact that reactions with the title ”armed countermeasures” were, mainly, forbidden, with only the use of countermeasures without weapons being accepted.
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The legal situation of the Netherlands plays an invaluable role in the dispute over the legalization of soft drugs. However, this issue, despite the original regulation, is no longer a controversialtopic. This is due to the interesting conditions in the Dutch society and important historicalfactors. The article presents an analysis of the specific elements influencing the shape of the regulationof a drug policy. Its aim is to show how important for the law effectiveness is to include such conditions into a legislative process.
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In the second half of the twentieth century, through the power of reflection, depth of analysis and comprehensiveness presentation inevitably arises work of Professor Radomir Lukic. The measure of influence of Lukic’s reflections about the state and law, as to our legal laborers, as well as the very legal theory in us, in the second half of the 20th century, and the originality and depth of his scientific work, requires more attention to the issues he dealt. Curious and versatile, Lukic’s spirit tried his hand in a number of areas. He was engaged in the theory of law, the methodology of law, the philosophy law, but also in the sociology. Lukic also expressed interest in one, fairly unexplored area in our legal science by then, the area of politics and its influence on the law and the state. His interest in this, unfortunately, did not result in the creation of a systematic, comprehensive work, which would envelop this extremely interesting topic. Given the importance of Lukic’s oeuvre, it is necessary to critically analyze these his views concerning the discussion of the relation of the politics and the law and state, perceived through the prism of the law, and their mutual influences, as well to rate and to determine the place of this part of his work from the point of modern theory of law. It can be concluded that Lukic, opting to explore the relationship between politics and the law and state, and given the way in which he systemize their presentations on this subject, actually thought that is justified to speak of two separate disciplines which, although inevitably linked, studying each for themselves, as the relationship between politics and the law, as well as the relationship between politics and the state. Though considerably fragmented given in relation to the political theory of the state, Lukic’s reflection on political theory of law are extremely interesting reading. Not even a little burdened by ideological burden, it seems that its considerations in the area of the politicology of law, even today are an example of path that should be taken in some future legal and sociological analysis of this matter. But unfortunately, this flattering statement simply can not be repeated when it comes to his view of the political theory of the state. His thought turned towards the issues of political theory of the state is too heavily pressured by the ideological burden, to such an extent that significantly reduces the scientific value of its consideration of these issues, making them very little usable in modern science. This does not mean that all of Lukic’s claims in considerations of problems of the political theories of the state are unacceptable. On the contrary, the areas which he approached to the analysis as a lawyer and sociologist, turned to scientific and logically consistent reasoning, represent the best parts of his political theory of the state, achieving high scientific achievements.
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The article is a comprehensive introduction to the philosophical and theoretical aspects of the concept of justice. At the beginning, the Author presents the etymological and semantic analysis of the word “justice” on the example of different languages and next he discusses the historical development of the concept in the political and legal thoughts. The main part of the article is devoted to various aspects of the idea of justice, the application of which goes beyond the narrowly conceived jurisprudence today and includes economics, politics, international relations, social theory, etc.
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Nowadays we know that there are geopolitical basics in roots of different legal systems in addition to their ideological roots. Geopolitics distinguishes two legal systems: Roman-Germanic (“philosophy of the land”) and “Common Law” of Anglo- Saxon world (“philosophy of the sea”), which directly influences principles of organization of social life. A most important difference regarding these two types of the law is formal source of the law. Legal philosophy of members of the Land school has religious character and within it legal principles are almost not subjected to changes, while in legal “philosophy of the Sea” school the change of law and disobeying of it is considered as something natural. According to collected data, modern mankind has been going on through “a crisis of legal consciousness” due to pervasion of political systems by the Anglo- Saxon law. However, the world does not experience this type of crisis for the first time, as it is enough to recall decay of Antic world. At that time the crisis had started with a slow but inevitable break- down of religiousness which gradually encompassed both family life and legal consciousness. „Legal consciousness which lost its religious roots turned out to be incapable of preserving and protecting monumental statehood and culture of Rome and relentless history rendered its verdict to such legal consciousness.“ Rescue and recovery of the world legal consciousness and legal order came from Christianity. A question that is ahead of us today is therefore is it possible for this pattern of the way out of the crisis to be repeated and what is religion that is capable of doing it?
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The construction of the principles of Polish financial (budgetary) law, as well as their analysis and evaluation are important because they allow to find out weak points or statutory gaps and to propose necessary changes and improvements. The principles of law are norms assessed as particularly important in the specific area of law. They are considered to be the superior values of law as they express its axiological base, providing the “philosophy” of the specific area of law. The principles of budgetary law form the criteria of its interpretation, directly resulting from this branch of law. However, there are different catalogs of these principles proposed.The principles of transparency and openness in the management of public money occupy a special place among others. The transparency of public finances and the appropriate communication with the environment are extremely important because they allow for greater flexibility in the choice of short and long-term objectives such as a smooth and efficient reflection of the principles of the uniform financial policy on economic decisions and the overall credibility of the trustees of public money. It also facilitates their actions in times of financial crises. However, it is also important to emphasize the form and the manner of delivery the required information in order to assure the sound implementation of the principle of transparency in the management of public money.
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Under the lex Valeria of 82 BC Lucius Cornelius Sulla took over the government as a dictator, whose aim was to ,,write down the law and to constitute the republic’ (dictator legibus scrihundis et rei publicae constituendac). He was the author of more than twenty acts, half of which implemented the reform of the political system (leading in particular to strengthen the role of the Senate) and the another half concerned the reform of criminal law (ensuring the protection of public safety). The evaluation of the extensive Sulla’s legislation is very positive, which places him among the greatest of the Roman legislators.Some of the criminal acts of the dictator survived even up to the time of the Codification of Emperor Justinian.
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The aim of the paper is to present the influence of western culture on the political thought of ancient Greece. The first example presented is the world of Homer and the emerging differences between Greeks and Trojans. The work then turns to Herodotus, who clearly indicated the differences between the Greeks and the Persian-barbarians. The Greco-Persian conflict, described by Herodotus more universally as a conflict between East and West, is primarily a conflict of two different regimes. It clarifies the different values that guided the two sides, causing significant differences in the political sphere. The emphasis, in the wake of Herodotus, is on conflict between the free poleis and eastern despotic monarchy. The paper shows how relations with eastern culture influenced the formation of internal political awareness and political thought in ancient Greece.
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The protection of the minor through the protection order is an essential legal tool in the prevention of domestic violence and abuse. The national and international legislative framework, the principle of the best interest of the child and the challenges in the effective application of these measures underline the need for inter-institutional collaboration and effective monitoring mechanisms.
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By withdrawing the consent to a guilty plea, the defendant makes a decision which could either ease or aggravate his situation within the criminal process. The defendant’s right to this withdrawal of consent is an important oportunity to counter the occasional shortcomings of the guilty plea offer, which otherwise may impede on his judicial rights. In this article are analised several aspects of such an important decision, and shown reasons for why the judge may or may not accept the withdrawal of consent. A short comparative analysis is also offered between specifics of this special procedure in Romania and other 3 countries.
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This article, anchored in Indigenous narratives, identifies the core arguments for granting juridical personhood to rivers and appointing Indigenous citizens as their legal guardians. The core arguments are as follows: for Indigenous peoples, dwelling on riverbanks is a matter of identity. This identity manifests itself through various interpersonal practices, including language – thus, narratives – and caring. The analysis of sampled narratives has uncovered valid rationales for granting legal personhood to rivers due to identities common for rivers and their dwellers, rivers’ specific capabilities, and their actantial features (rivers can act). Both legal personhood for rivers and Indigenous dwellers being in the role of their legal guardians are unique legal institutions to fulfil the critical interests and capabilities of rivers at a time when these fragile ecosystems are under threat. We illustrate this by using the Amazon and Oder rivers as examples and referring to the Yanomami’s and Olga Tokarczuk’s narrative accounts.
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States should establish in their legislations protective mechanisms which, on the one hand, guarantee the realisation of the rights of the majority and, on the other hand, ensure respect for the traditions, culture and customs of national and ethnic minorities. In Poland there are such guarantees that ensure that minorities can live in accordance with their own traditions and customs, also at the highest normative level. In addition to the legal sphere, one should not forget the equally important sphere of social life, which for some people is even more important. The issue of early marriage in the Roma community is an exemplification of the problem that can be caused by the interference of subject law norms with the centuries-old traditions and customs of a particular national or ethnic group.
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Wraz z przyjęciem acquis communitaire polska administracja została skonfrontowana z dużąliczbą aktów prawa miękkiego wydawanych przez administrację unijną, a także sama zaczęła szeroko z nich korzystać. Systematyczne „utwardzanie” aktów prawa miękkiego powoduje, że instrumenty te wykazują rozbieżność między ich formalnie niewiążącym statusem a fak-tycznym zamierzonym znaczeniem i skutkami – mają często charakter „ukrytej dyrektywy”, czy nawet bardziej imperatywnego środka, wywierając skutki prawne i określając sytuacjęprawną np. przedsiębiorców. Dlatego wysuwa się postulat, aby akty typu soft law mogły byćpoddane autonomicznej kontroli sądowej w zakresie zarówno wykładni, jak i stwierdzenia ich nieważności.Ta kże Prezes UOKiK może wydawać urzędowe wyjaśnienia i wytyczne, które odpo-wiadają definicji aktów o charakterze soft law. Wytyczne dotyczące ustalania wysokości kar pieniężnych dla przedsiębiorców mają istotny wpływ na określanie sytuacji prawnej przed-siębiorców, a orzecznictwo sądowe w coraz większym stopniu odnosi się bezkrytycznie do określonej w nich metodologii ustalania kar pieniężnych.
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The freedom of conscience is a fundamental freedom, which belongs to the nature of the human being. The degree of protection of this freedom determines the essence of any political regime, the violation of freedom of conscience being the main indicator of a totalitarian regime. Contrary to apparent simplicity, the freedom of conscience is a complex and multidimensional notion. For centuries, philosophers, historians and lawyers have given multiple meanings to its theoretical perception. However, the components of this notion, such as "freedom" and "consciousness", have always been considered as conjugate and interdependent. The content of the concept of the "freedom of conscience" does not appear as a mechanical sum of components, but has its own meaning, determined by its multidimensional nature. The complexity of the category of the freedom of conscience conditions the possibility to identify several aspects of it: ethical-moral, philosophical, sociological, political, atheistic, religious and legal.
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In this article, the authors interpret the polyvalence of the notions of classification and typology, in order to highlight specific features and divergent elements. Some definitions are discussed and the dual nature of classification—as a process and as an outcome—is highlighted. Classification and typology are seen as conceptual operations, which are united by a single goal — the ordering of a given set of objects. The authors conclude that classification focuses on classes, and typology — on types, and that within classifications each element can be assigned to a single class, depending on the criterion chosen for differentiation, but within typology — the same element can be part of several types. In the context of the systematization of contemporary legal systems, the authors state that some of them cannot be attributed to any class, which goes against the logic of classification, instead, from the point of view of typology, there may be atypical legal systems, which they do not contain elements specific to any type.
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Legal values over the centuries become an integral part of our society, creating a sense of community and belonging, helping to establish meaningful relationships between individuals Legal values encourage the creation of an environment of mutual understanding and respect Understanding and respecting legal values is essential for all of us, and every society in turn aims to promote and propagate these values through its members In this article, we analyze some ideas regarding the multidimensional conception of legal values With this aim, conclusions were examined regarding the point of view of legal doctrine on the theory of values, especially in public discourses, reflections, findings and published materials, using an interdisciplinary approach.
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