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Polityka głosu

Author(s): Mladen Dolar / Language(s): Polish Issue: 5/2015

For Dolar, voice represents the primordial or animal aspect of the human being, zōē, or naked life. Speech, meanwhile, is understood as voice endowed with meaning. Considering the problem of voice, Dolar argues that zōē rubs against bios, i.e. political and social life. Zōē manifests itself in many areas of life; the primordial voice appears in contexts such as justice, education or religion. It also represents an integral attribute of rulers and dictators, who use their voice to create laws, or who enforce those laws into life. Voice is indispensable for logos and the written word. Therefore it is inexorably linked with social life; it exists between naked life and social life, between sound and speech.

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Ekaterina Pravilova. A Public Empire: Property and the Quest for the Common Good in Imperial Russia. Princeton, NJ: Princeton University Press, 2014

Author(s): Sergei Antonov / Language(s): English Issue: 2/2016

Review of: Sergei Antonov - Ekaterina Pravilova. A Public Empire: Property and the Quest for the Common Good in Imperial Russia. Princeton, NJ: Princeton University Press, 2014. 448 pp. ISBN 978-0-691-15905-8.

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ПРАВОВОЕ ОБЕСПЕЧЕНИЕ КОМПЛЕКСНОГО УЧЕТА МНЕНИЯ НАСЕЛЕНИЯ ПРИ ВЫРАБОТКЕ ГРАДОСТРОИТЕЛЬНЫХ РЕШЕНИЙ

Author(s): Elmira Faatovna Nigmatullina / Language(s): Russian Issue: 6/2015

The paper analyzes in detail the role of public hearings in drafting the law-governed social state as a whole and in formulating recommendations for the territorial building of municipalities in particular. The problems arising from considering comments and suggestions of citizens on drafts of the master plan, as well as their recommendations for land use and development of municipalities are studied. It is argued that procedural and administrative matters for holding public hearings of the adversary character should be introduced in the urban planning legislation.

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İLKELLERDE DİN

Author(s): Mehmet Emin Kiliç / Language(s): Turkish Issue: 15/2012

Primitive human is an exemplary citizen who completely respects the rules of his/her own community and who is ready to obey them at any time. In the same way, following all the rules and restrictions determined by the tribe are accepted as axiom. Primitive human greatly respects own customs and traditions, automatically submits to orders. Everything is based on the fear of supernatural ideas and punishments, in addition to deep loyalty to “group feeling”. However, has there ever been any person -whether civilized or primitive - who followed the undesired, boring rules and taboos without having difficulties? Nevertheless, this understanding is dominant in the studies about primitive order and primitive rules.

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CITIZENSHIP RIGHTS OF THE PRISONERS IN IRAN ISLAMIC REPUBLIC

Author(s): Shahla Zarai / Language(s): English Issue: 11/2011

It is right that the constitution of each country's political system and discipline of all aspects of central government and the main force determining the best public relations people, and its strict enforcement, blocking all avenues of despotism to freedom, human dignity and citizenship rights to the guarantee.

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AZERBAYCAN TÜRKLÜĞÜNÜN KAHRAMANI MEHMET EMİN RESULZÂDE (1884-1955)

Author(s): Nurgül Uzunel / Language(s): Turkish Issue: 7/2010

Azerbaycan Milli İstiklal Davası’nın en önemli savunucularından olan Mehmed Emin Resulzade, önce Çarlık, ardından da Bolşevik Rusyası’na karşı fikirleri ve kalemiyle savaşmıştır. Resulzade, Azerbaycan’ın Himmet, Füyuzat, İrşad, Terakki, Yoldaş adlı yayın organlarından uzun yıllar başta Azerbaycan Türkleri olmak üzere, tüm Türk dünyasının haklarının savunmuştur.

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Türkiye’de bürokratik elitizmi anlamak, pdy (fetö) ve yargi ilişkisi

Author(s): İbrahim Gül,Sait Yılmaz / Language(s): Turkish Issue: 33/2017

Judicial hegemony or juristocracy can be defined as the use of caste within the state to reach the strategic objectives of the judges and prosecutors who are the members of illicit organization. This study aims to explore and analyze the organizational structure of the terrorist organization, which is called PDY, and understand how this terrorist organization terrorized the judicial structure in Turkey. Based on the theoretical framework of elitism and bureaucratic elitism, the study also aims to analyze the relationship between PYD terrorist organization and judicial system by using the case study as a method of data collection method.

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LE DISCOURS JURIDIQUE: ASPECTS NORMATIFS ET PERFORMATIFS

Author(s): Eugenia Stefanescu / Language(s): French Issue: 1-2/2011

The purpose of this paper is to present the different functions assigned to the legal discourse, to see how to structure legal discourse, to measure how the performative structure allows unification of law and then clarify the differences between the performatives of ordinary discourse and those of legal discourse. The concept of discourse has acquired many meanings in everyday language and the discourse of experts claiming various fields. In our case it is the legal field, an area to which this paper is devoted. Law is a discipline that is directly concerned with the theory of speech acts whose promoter was J. L. Austin.

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Transitions Online_Around the Bloc-Russia Reportedly Investigating Chechen Gay Purge

Author(s): TOL TOL / Language(s): English Issue: 05/30/2017

Human Rights Watch says Chechen officials approved the brutal roundup and torture of dozens of men.

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Забраната “contra iustitiam iudicasse” („да се отсъжда срещу справедливостта“) в Lex Romana Visigothorum и Codex Theodosianus

Author(s): Doroteya Mihova / Language(s): Bulgarian Issue: 5-6/2015

The article provides translation of key titles postulating the interdiction “contra iustitiam iudicasse” in Lex Romana Visigothorum. The author commented on the way in which specific norms and texts are derived from the Theodosius Code, guarding the fair private and public law relations, and embodying this prohibition “to adjudicate against justice”. The focus is on the concepts of the ancient Roman iustitia, defined through its connections with the grounds of mos maiorum (the customs of the ancestors), with ancient Roman valour (virtus Romana), with freedom (libertas), with civil and personal dignity (dignitas), with the community benefit (communis utilitas) and with the common good (bonum commune), with justice and law (ius and lex), Whose ultimate goal is the just retribution of “giving each one his own” (“suum cuique tribuere”). The article also analyzes the complex metamorphoses that Roman legal moral concepts of justice and valoуr underwent (iustitia и virtus), following the transformations in the Roman values system and in the perceptions of Romanitas, accompanied by the processes of barbarisation and reception of Roman law (ius Romanum) after the fall of the Western Roman Empire in 476.

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LOCAL ELITES AND COMMUNITIES IN THE MANAGEMENT OF PUBLIC ORDER DURING THE 18th CENTURY: PERCEPTIONS FROM THE CORE EUROPEAN TERRITORIES OF THE OTTOMAN EMPIRE

Author(s): Mariya Shusharova / Language(s): English Issue: 3/2017

During the 17th and 18th century the Ottoman state implemented various mechanisms to organize the system of public order mobilizing the local resources of the province. This study aims at exploring the expanding scope of local communities’ obligations by detailed view of their role in the various stages in the treatment of criminal matters: reporting the crime/ complaint; arrest, persecution; the trial/investigation; punishment. The elaboration of the local social microstructure and the development of new social relations represented by the emergence of the local communal elites had a clear repercussion on the development and upgrading of different socio-legal mechanisms in the context of the administration of the public offences. These competences of the local communities were a result of a long evolution and they became of key importance in the context of the widespread brigandage during the second half of the 18th century.

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Geneza i treść wytycznych w sprawie realizacji art. 17 TFUE przez Komisję Europejską

Author(s): Piotr Stanisz,Daria Bębeniec / Language(s): Polish Issue: 20/2017

The study deals with the Guidelines on the Implementation of Article 17(3) TFEU by the European Commission, published in July 2013, for setting the framework for open, transparent and regular dialogue with churches, religious associations or communities, and philosophical and non-confessional organisations. The Polish translation of the document constitutes the main part of the text. It is preceded by an overview of the decision of the European Ombudsman of 25 January 2013 in his inquiry into complaint 2097/2011/RA against the European Commission. The Ombudsman, while negatively assessing the Commission’s rejection of the proposal of the European Humanist Federation for a dialogue seminar on the topic Competing Rights Issues in Europe, suggested clarifying the Commission’s “practices and rules in this area”, and drawing up “guidelines in terms of how exactly it plans to implement Article 17 TFEU”.

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AUTOPLAGIATUL ÎN EPOCA RECICLĂRII

Author(s): Raluca Ghenţulescu / Language(s): Romanian Issue: 1/2015

Nowadays, when recycling is one of the main goals of modern world, as a way to save the planet, the academic environment is also facing the problem of “recycling”, regarded by some authors as a way to save their intellectual, financial and time resources. In this context, self-plagiarism is seen both as the result of the academic requirement to publish a large variety of scientific articles and as a consequence of the exploitation of a certain topic that is well-known to the authors, who thus risk repeating their own ideas and text structures over and over again. Legally speaking, the definition of self-plagiarism is both the publication of an article that entirely or partially copies the content of a text already published by the same author and the duplicate publication, which means submitting the same article, with an identical or different title, for publication in two different volumes or journals, simultaneously or after a certain amount of time. In their defence, the authors who resort to this dishonest practice and “recycle” their own texts say that a scientific method or procedure loses its novelty once it is made public and any other further reference to it sounds redundant. Therefore, the purpose of this article is to present in detail this topic, which raises debates among authors, reviewers and editors, with a view to making the difference between various forms of self-plagiarism and, implicitly, to describe the ethical and legal consequences of this form of academic misdemeanor.

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Czy każda kultura zasługuje na obronę? Kilka wątpliwości dotyczących cultural defence i prawa karnego w dobie multikulturalizmu

Author(s): Michał Dudek / Language(s): Polish Issue: 2/2011

The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues. The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.

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Justice as Fairness in a Practical Context

Author(s): Andreas Chetkowski / Language(s): English Issue: 2/2024

This paper deals with John Rawls (1921-2002) and his work A Theory of Justice (1975), which Rawls himself calls “justice as fairness.” Basically, his theory is understood as distributive justice. In this context, on the one hand, important aspects of his theory will be explained, and on the other hand, the applicability of his basic ideas on the level of politics will be discussed. In order to trace the justice debate within political ethics a classification between equality ideals as well as a division between deontological and consequentialist theories of justice are carried out.

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Polno selektivni abortusi u Crnoj Gori – pravno-antropološka analiza

Author(s): Jovana Banović,Branko Banović / Language(s): Serbian Issue: 2/2024

In the old Montenegrin masculine patriarchal culture, having children was one of the primary motivations for marriage. Women in labour faced significant community pressure to give birth to a male child, as evidenced by various ethnographic records and confirmed by contemporary anthropological research. Montenegro exhibits one of the most unbalanced ratios of newborn male to female babies among countries. This necessitates an analysis that integrates legal and anthropological perspectives on son preference. The article explores the socio-historical circumstances and modern expressions of the cult of the male child, followed by an examination of the legal implications of selective abortions. The legal dimension of abortion encompasses a broad normative framework, with the fundamental question concerning the boundary of legal protection in this area, i.e., the limit of state intervention in the personal sphere of individuals and citizens. The legal analysis will also include a reflection on the impact of criminal legal protection on this debate, particularly through the lens of the criminal offense of unlawful termination of pregnancy as stipulated in Article 150 of the Criminal Code of Montenegro. Considering the scope of rights to life, family, and reproduction, and recognizing that pregnancy termination motivated by sex selection is generally prohibited, yet this practice is widespread, the assumption is that the formal legal means to address this issue are limited. As this is a societal phenomenon involving sensitive legal, personal, cultural, religious, political, social, and moral issues, the paper discusses approaches for combating this practice.

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Soudružské soudy jako nástroj socialistické demokracie ve vybraných státech východního bloku

Author(s): Petra Zapletalová / Language(s): Czech Issue: 3/2024

This paper focuses on a significant phenomenon that existed mainly in the late 1950s and 1960s – the comrades’ courts. In the introduction, this social organisation is mentioned in Czechoslovakia, but then the paper provides brief information on the similar institutions in USSR, Hungary, Poland and Romania. The work is divided into thematic parts based on countries, where the legislative development and the organisation of comrades’ courts are included, but also this paper contains information on procedures and sanctions. Finally, an attempt is made to evaluate and compare these institutions.

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Hana Younis, Žene u sudskim spisima 1878–1914. Odbjegle, preljubnice, rentijerke, zemljovlasnice

Author(s): Alen Nuhanović / Language(s): Bosnian,English Issue: 52/2023

Review of: Hana Younis, Žene u sudskim spisima 1878–1914. Odbjegle, preljubnice, rentijerke, zemljovlasnice (Women in court records 1878–1914. Runaways, adulteresses, rentiers, landowners). Sarajevo: University of Sarajevo – Institute for History, 2023, 338 pgs.

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Surogačné materstvo v kontexte judikatúry Európskeho súdu pre ľudské práva

Author(s): Martina Jamečná / Language(s): Slovak Issue: 1/2024

Surrogacy has been a growing trend in recent years in the elimination of infer¬tility. The article analyses the ECtHR‘s approach to contentious issues in the field of reco¬gnition of parentage in cross-border surrogacy cases, with a view to formulating general conclusions arising from the ECtHR‘s ground-breaking jurisprudence and advisory opi¬nion.

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Forum: Raluca Grosescu’s Justice and Memory after Dictatorship

Author(s): Filipe dos Reis,Nina Reiners,Kyle Reed,Victoria Basualdo,Andrei Miroiu,Raluca Grosescu / Language(s): English Issue: 1/2025

Raluca Grosescu’s Justice and Memory after Dictatorship explores how lawyers mobilised, contested, (re)interpreted, and adjusted key notions of international criminal law in domestic contexts during the transition from dictatorship to democracy in the two semi-peripheries of Latin America and Central Eastern Europe (CEE). The book is remarkable for a variety of reasons. It is based on an impressive amount of empirical data collected over 10 years, including more than 80 interviews with legal practitioners, ethnographic observations of trials, jurisprudence produced in national, regional, and international courts, as well as memoirs and academic literature published by central actors. It uses this material to develop a comparative perspective to analyse the transition in eight countries (Argentina, Brazil, Bulgaria, Estonia, Guatemala, Lithuania, Paraguay, and Romania) and trace global connections. Despite its attention to detail and nuance, it is concise and coherent. It is written in an interdisciplinary manner and speaks to ongoing debates in various academic fields, first and foremost in international relations (IR), international law, the sociology of law, and history. Finally, it is equally valuable for those working on the peculiarities of the two world regions or of international criminal justice, as it is for those interested more in the bigger picture.

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