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Několik poznámek k problému rostoucího násilí

Author(s): Martina Urbanová / Language(s): Czech Issue: 3/1997

The article describes the issue of increasing violence, defining it as actions causing harm to others, whether physical or psychological. It highlights the traditional European cultural aversion to violence, rooted in Western Christian values. The text examines the socio-demographic factors influencing violence, such as gender, age, and socio-economic status, noting its concentration in urban areas like Prague and Ostrava. The role of media in spreading violence is also discussed, with references to theories on the "contagion" of violence. Preventive strategies are emphasized over repressive measures, suggesting community involvement and thoughtful urban planning as key solutions. The article concludes by stressing the importance of societal engagement in combating violence and maintaining public safety.

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Ještě jednou k otázce pozitivního a "nadpozitivního" práva

Author(s): Vladimír Klokočka / Language(s): Czech Issue: 4/1996

This article by Vladimír Klokočka responds to JUDr. Jan Spáčil's critique of Klokočka's previous work on positive and "super-positive" law. Klokočka acknowledges Spáčil's shift from traditional legal positivism to a modern post-war approach, aligning with Gustav Radbruch's conclusions on the failures of pre-WWII legal positivism. The article discusses the concept of "super-positive" law, which is seen as superior to positive law and rooted in post-war German constitutional law. Klokočka argues that natural law, as part of a democratic legal state, should be applied directly, even if not explicitly defined in legal terms. He emphasizes that fundamental democratic principles and human dignity cannot be fully positivized and must be interpreted philosophically and sociologically. Klokočka also critiques Spáčil's view that natural law becomes valid only when it takes the form of positive law, arguing that natural law principles inherently limit state power. The article concludes by stressing the importance of integrating political principles into constitutional law to ensure the legitimacy and stability of a democratic legal state.

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Dohoda jako zdroj práva

Author(s): Ivo Pospíšil / Language(s): Czech Issue: 4/1996

The article discusses Thomas Hobbes' views on the social contract and law. It highlights Hobbes' influence on modern theories of state and law, noting his controversial reception over time. Hobbes is portrayed as a foundational figure in the development of legal positivism and the theory of social contracts, emphasizing the necessity of a strong state authority to maintain order. The article explores Hobbes' belief in the voluntary nature of social contracts, where individuals surrender certain freedoms for collective security. It also examines the interpretations of Hobbes' work by various philosophers, including Jeremy Bentham and Michael Oakeshott, and the ongoing debate about whether Hobbes should be seen as a precursor to totalitarianism or liberalism. The discussion includes Hobbes' views on the role of the sovereign, the nature of laws, and the importance of rationality in establishing social order.

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K otázce pozitivního a "nadpozitivního" práva

Author(s): Jan Spáčil / Language(s): Czech Issue: 3/1996

The article discusses the relationship between positive law and natural law, focusing on the concepts of constitutive power (pouvoir constituant) and constituted power (pouvoir constitué). It explores the idea that positive law, which is codified and enforced, is subordinate to natural law, which is seen as superior and fundamental. The author critiques the notion that natural law only becomes valid when it is codified into positive law, arguing instead that natural law should guide and correct positive law. The discussion includes references to various legal scholars and their views on the matter, emphasizing the complexity of integrating natural law into the legal system. The article also touches on the political implications of these legal theories, particularly in the context of democratic governance and the sovereignty of the people. The author concludes that while positive law is essential for order, it must be aligned with the higher principles of natural law to ensure justice and legitimacy.

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Úmluva o občanskoprávních aspektech mezinárodních únosů dětí

Author(s): Alena Prokopová / Language(s): Czech Issue: 2/1996

The article discusses the **Hague Convention on the Civil Aspects of International Child Abduction**, highlighting its significance and the need for its ratification by the Czech Republic. The Convention, adopted in 1980 and currently binding in 43 countries, aims to address the issue of international child abductions by providing legal mechanisms for the return of abducted children and ensuring cooperation between states. Despite being signed by Czechoslovakia in 1992, the Convention has not yet been ratified by the Czech Republic, leaving a gap in the legal framework for addressing such cases. The article emphasizes the importance of the Convention in protecting the best interests of the child and facilitating the legal return of abducted children to their rightful guardians. It also outlines the objectives of the Convention, including expediting legal proceedings, ensuring the child's safety, and promoting international cooperation. The author argues that ratifying the Convention would not only resolve the issue of child abductions but also strengthen the legal position of Czech citizens abroad.

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Novelizace českého trestního práva

Author(s): Věra Kalvodová,Jana Zezulová / Language(s): Czech Issue: 2/1996

This presentation deals with some of the most important changes in Czech criminal law during the last six years. The first part of the article contains the information concerning amendments of Penal Code, especially some questions of abolition of death penalty in 1990, introduction of life imprisonment, new conception of criminal responsibility in the case of the culpable insanity, alternative sanctions and criminal organizations. The second part deals with amendments of Code od Penal Procedure. In this presentation it is not possible to cover the entire changes, however, we would like to focus on the diversification of standard of proceeding which have already started to influence Czech criminal proceeding. Nowadays the strategy of diversion in considered a part of what is know as "the four D programme". These are diversion, decriminalization, deinstitutionalisation and due process. These are alternative proceeding available whereby their informal execution is more appropriate than the implementation of a classic criminal trial which results in a verdict of guilt and subsequent sentencing.

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A Handful of Remarks on the “Terminology Reference for the Science of Psychophysiological Detection of Deception”

Author(s): Jan Widacki / Language(s): English Issue: 1 (59)/2024

I find it appropriate to commence by recalling that the realisation that one of the defining characteristics of a science (or its field) that allows for its recognition as distinct and mature, alongside its subject of study and methods of research, is its language dates back to as early as the mid-19th century (Okasha, 2016). Contemporary scientific methodology demands that each science must have a specific subject and objective distinct from other sciences, as well as its own unique language so that it makes use of clearly defined and named concepts (Humphreys, 2014).

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The Fairness Stitch: A Novel Approach for Neural Network Debiasing

Author(s): Modar Sulaiman,Kallol Roy / Language(s): English Issue: 3/2024

The pursuit of fairness in machine learning models has become increasingly crucial across various applications, including bank loan approval and face detection. Despite the widespread use of artificial intelligence algorithms, concerns persist regarding biases and discrimination within these models. This study introduces a novel approach, termed “The Fairness Stitch” (TFS), aimed at enhancing fairness in deep learning models by combining model stitching and training jointly, while incorporating fairness constraints. We evaluate the effectiveness of TFS through a comprehensive assessment using two established datasets, CelebA and UTKFace. The evaluation involves a systematic comparison with the existing baseline method, fair deep feature reweighting (FDR). Our analysis demonstrates that TFS achieves a better balance between fairness and performance compared to the baseline method (FDR). Specifically, our method shows significant improvements in mitigating biases while maintaining performance levels. These results underscore the promising potential of TFS in addressing bias-related challenges and promoting equitable outcomes in machine learning models. This research challenges conventional wisdom regarding the efficacy of the last layer in deep learning models for debiasing purposes. The findings suggest that integrating fairness constraints into our proposed framework (TFS) can lead to more effective mitigation of biases and contribute to fairer AI systems.

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Dobro wspólne w refleksji św. Tomasza z Akwinu a społeczne związanie własności prywatnej w art. 14 ust. 2 niemieckiej ustawy zasadniczej

Author(s): Paweł Lesiński,Małgorzata Łuszczyńska / Language(s): Polish Issue: 12/2023

The authors of the article attempt to analyse the issue of parallels between the Thomas Acquinas idea of common good and the concept of Sozialbindung – notion of private ownership’s responsibility on the basis of German constitution. Main scientific benchmarks are the idea of common good and the concept of human being that are present both in the Acquinas thought and German basic law axiology. In order to fulfill the scientific task as defined above, the article starts with indication of the Acquinas thought importance and its impact on the defining the European social thought. Regarding the intellectual sources of Sozialbindung’s concept the authors used the views of Rudolf Jhering, indicating his high opinion of Acquinas thought as well. The next part of the article contains the analysis of Sozialbindung’s legal aspect on the grounds of art. 14 p. 2 of German basic law. It discusses its connections with the idea of social state and the idea of human being, both emerging from German constitution. The authors indicate the importance of individual’s social existence, which determines its duties towards community. Referring to the German legal thought and Federal Constitutional Tribunal case law the article proves that German basic law does not provide for a notion of limitless private property. Its definition contains immanent limitations regarding its duty to „serve both common good”. Finally, the article proves that Acquinas idea of common good, based on human’s social nature is adopted by the concept of private property limitations in the German constitution. This fact proves its everlasting character, specific for European social thought.

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The power of jus cogens in the shadow of procedural obstacles. Legal dilemmas in international cases concerning severe human rights violations, special regards to the Ukraine–Russia War

Author(s): Izolda Takács / Language(s): English Issue: 7/2024

Jurisdictional immunity of foreign states remains a rule under international law, even in cases involving violations of peremptory norms of international law (jus cogens). Therefore, the assumption that the primacy view of jus cogens can resolve the dilemma over the relationship between serious human rights violations and state sovereignty is misleading and does not always prevail in practical application. This paper first outlines the “evergreen” dilemma of jus cogens versus state immunity, followed by an illustration of how procedural issues are addressed in pivotal international cases. In this regard, the paper primarily focuses on criminal proceedings submitted to the International Criminal Court (ICC) and the International Court of Justice (ICJ) to explore the issue more thoroughly. Finally, considering the unresolved nature of the central issue and the international climate, the study extends the nucleus of the problem to the ongoing Russia-Ukraine war.

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Contradictions in the evolution of the CAP

Author(s): Fernando Moreno Mozo / Language(s): English Issue: 2 (33)/2023

The subject of this article is contradictions in the evolution of the Common Agricultural Policy. The considerations aim to identify these contradictions and their negative consequences. Starting from the peculiarities of the demand for agricultural produce, the author discusses the importance of the Common Agricultural Policy and presents six successive phases of its development. He concludes with a synthesis of the contradictions of the CAP evolution and their negative consequences. He also raises a question as to whether it would be possible to subject commercial activity in agriculture, like in other sectors of the economy, to free competition among a group of states or globally, on the assumption that such competition would be reciprocal and subject to the same standards of quality and food safety.

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Jose Luis de Palma Fernández, Las organizaciones interprofesionales agroalimentarias

Author(s): Fernando Moreno Mozo / Language(s): English Issue: 2 (33)/2023

Review of: Jose Luis de Palma Fernández, Las organizaciones interprofesionales agroalimentarias. Regulación jurídica, Editorial Reus, Madrid 2023, ss. 370.

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Prawne pojęcie obszarów wiejskich i kształtowanie go pod wpływem polityki Unii Europejskiej

Author(s): Justyna Goździewicz-Biechońska / Language(s): Polish Issue: 1 (34)/2024

The aim of this article is to define the legal meaning of the term “rural area” and to present the main concepts of this notion that function in law, taking into account the influence of EU policies, especially the Common Agricultural Policy, on their formation. The author analyses the different concepts of rural areas in law, and focuses on three main ones: the administrative, the functional and the comprehensive one. She concludes that it is difficult to define rural areas unambiguously and in a manner that would be universally accepted within the entire legal system. This is because there are various interpretations determined by the objectives of their delimitation and the specificity of legal regulations. The comprehensive concept of rural areas is considered to be the most broadly understood. Furthermore, the author notes that the changes in the conceptualisation of rural areas in law (including agricultural law) and in European Union policy reflect the directions of socio-economic and cultural changes taking place in the rural community.

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Płatność do powierzchni upraw konopi

Author(s): Monika Łata / Language(s): Polish Issue: 1 (34)/2024

The aim of the considerations is to determine the legal nature of the payment for hemp acreage in the light of EU and national law and to formulate an answer to the question whether the legal construction of this payment is in line with the objectives of the Common Agricultural Policy for 2023–2027. In conclusion, the author found, inter alia, that these payments have a conditional character. Indeed, the legislator burdens the agricultural producer with the risk of not receiving any area payments on the area of hemp cultivation. The granting of support is determined by the percentage content of Δ9-tetrahydrocannabinol in the cultivated variety of hemp, which is variable and de facto independent of the farmer. This contradicts the objectives of the CAP, such as promoting fair farm incomes and the resilience of the agricultural sector across the Union, or increasing market orientation and ensuring the competitiveness of farms. The author points out the inconsistency of the Polish regulation of fibre hemp with EU law. Thus, it is postulated that the definition of ‘qualifying hectare’ in relation to hemp in EU law should be clarified, the EU method of verifying Δ9-tetrahydrocannabinol content should be implemented into the Polish legal order in a comprehensive manner and the provisions of the Act on Counteracting Drug Addiction should be adjusted to the new conditions.

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Fałszerstwa dzieł sztuki w wybranych orzeczeniach polskich sądów

Author(s): Natalia Lichwa-Długosz / Language(s): Polish Issue: 1/2024

The article comments on the discrepancies in judgments of Polish courts regarding the interpretations used, introduces the facts, and examines which legal provisions are used when assessing the seller’s liability for specific inauthentic works. The aim of the article is also to verify whether the parties in a transaction observe proper behaviour and what methods courts consider reliable when assessing the authenticity of works in evidentiary proceedings.

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Sąd Arbitrażowy ds. Sztuki (Court of Arbitration for Art – CAfA): Webinar na temat rozwiązywania sporów artystycznych za pomocą alternatywnych metod rozstrzygania sporów – perspektywy i wyzwania w Polsce i na świecie

Author(s): Weronika Weems / Language(s): Polish Issue: 1/2024

26 września 2023 r., o godz. 17:00 odbył się online webinar pod tytułem: „Sąd Arbitrażowy ds. Sztuki (CAfA): Rozwiązywanie sporów artystycznych za pomocą alternatywnych metod rozstrzygania sporów – perspektywy i wyzwania w Polsce i na świecie”. Czołowi eksperci z dziedziny prawa sztuki z całego świata wzięli udział w tym interaktywnym spotkaniu, aby wysłuchać dyskusji następujących panelistów: – Camilli Perera-de Wit (Zarząd CAfA, Dyrektor Generalny Holenderskiego Instytutu Arbitrażowego), – dr. hab. Piotra Steca (Uniwersytet Opolski), – dr hab. Alicji Jagielskiej-Burduk (Uniwersytet Opolski), – prof. dr. hab. Kamila Zeidlera (Uniwersytet Gdański), – Natalii Mikołajczyk (Managing Associate, Linklaters)

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Court of Arbitration for Art (CAfA): Webinar on Settling Art Disputes by Alternative Dispute Resolutions: Future and Challenges in Poland and worldwide

Author(s): Weronika Weems / Language(s): English Issue: 1/2024

On September 26, 2023 at 5 PM CEST an online webinar was held under the title: „Court of Arbitration for Art (CAfA): Webinar on Settling Art Disputes by Alternative Dispute Resolution: Future and Challenges in Poland and worldwide”. The leading art law experts from around the world joined this interactive meeting on dispute resolution in the art world to listen to the discussion of the following distinguished panelists: – Camilla Perera-de Wit (Secretary-General, Director General Netherlands Arbitration Institut), – Dr. hab. Piotr Stec (University of Opole). – Dr. hab. Alicja Jagielska-Burduk (University of Opole), – Prof. dr. hab. Kamil Zeidler (University of Gdańsk), – Natalia Mikołajczyk (Linklaters Managing Associate).

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RAVNOPRAVNOST SPOLOVA U KAZNENOJ POLITICI PREMA NAMETLJIVOM PONAŠANJU U HRVATSKOJ

Author(s): Tena Vranek,Krešimir Petković / Language(s): Croatian Issue: 1/2024

Stalking is a cause of psychological damage, a form of victimization, and a warning for future violence. As a criminal offense, it was introduced in the Penal Code of the Republic of Croatia, in force since 2013, but there are still problems with defining it precisely. Given that the victims of stalking in most cases are women, the fact that this crime is not gender specific is often overlooked. Although studies have shown that female stalkers do not differ significantly from male ones, gender bias often leads to an underestimation of women’s potential for violence. The aim of this study is to determine whether there is gender equality in penal policy towards stalking in Croatia. To answer this question, the authors analyzed the court judgements from various courts in the Republic of Croatia and paired it with a survey to get an insight into the citizen’s perception of stalking.

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ROLA WŁADZY USTAWODAWCZEJ I SĄDOWNICZEJ UNII EUROPEJSKIEJ W KSZTAŁTOWANIU POLITYKI PRAW PODSTAWOWYCH. STUDIUM NA PRZYKŁADZIE POLITYKI RÓWNOŚCI PŁCI

Author(s): Piotr Burgoński / Language(s): Polish Issue: 01/2024

This article aims to determine what role the EU legislature (Commission, Council, European Parliament) and the judiciary (Court of Justice) play in shaping EU equality policy, as well as to determine what factors drive the behavior of these political actors. The study was carried out on the example of the process of formulating the EU gender equality policy in the years 1975-2022 based on EU legislative acts and judicature. The theoretical and methodological approach was rational choice, historical and sociological institutionalism, and the process tracing method was used. The study showed that each EU authority has a specific role in shaping gender equality policy. The legislature plays the leading role in the process of shaping equality policy. The Court of Justice of the EU generally follows the direction set by the legislature and sometimes limits or inhibits it. The interactions between the authorities mentioned above are also of great importance. The behavior of the legislature and judiciary can be explained using rational, institutional and ideational factors.

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THE CRIME OF MATERIAL FORGERY OF DOCUMENTS IN THE CONTEXT OF ILLEGAL CROSING OF EXTERNAL BORDERS OF THE EUROPEAN UNION AND SECURITY OF THE STATE AND CITIZENS

Author(s): Dorota Semków / Language(s): English Issue: 01/2024

The main purpose of the article is to draw attention to the material forgery of travel documents as a practice that enables illegal crossing of the external borders of the European Union/Schengen Area and free movement within these areas. The author's intention was also to indicate the relationship of this practice with the security of citizens and the state, which results from the fact that from the legal, forensic and criminological point of view, forgery of documents, including travel documents, is associated with a number of other types of crime, such as trafficking in human beings, including in particular children, arms and drug trafficking. The issue of crimes against the credibility of documents has gained importance in modern times, in which the international mobility of society is growing at a rapid pace. A very important aspect in the context of the analyzed issues is the situation that occurred in Belarus in connection with the civil war in Syria, as well as in the RussianUkrainian conflict, which worsened at the end of 2021. The analysis of the presented statistical data of the European Border and Coast Guard Agency shows that every year there are many crossings or attempted crossings of the external borders of the European Union against the law with the use of false documents. Despite the downward trend in this area in 2015-2020 and the lower intensity of this practice, in 2021 a significant increase in the number of such cases was recorded. The above allows us to conclude that the aetiology of illegal border crossing with the use of forged documents should be sought in the situation that occurred in Belarus in connection with the civil war in Syria, as well as in the Russian-Ukrainian conflict, which was escalating at the end of 2021.

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