BIBLIOGRAFIJA IZVORA I RADOVA O SREDNJOVJEKOVNIM BOSANSKIM ĆIRILIČKIM ADMINISTRATIVNO-PRAVNIM DOKUMENTIMA
BIBLIOGRAPHY OF SOURCES AND WORKS ON MEDIEVAL BOSNIAN CYRILLIC ADMINISTRATIVE LEGAL DOCUMENTS
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BIBLIOGRAPHY OF SOURCES AND WORKS ON MEDIEVAL BOSNIAN CYRILLIC ADMINISTRATIVE LEGAL DOCUMENTS
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The text is focussed on the results of restrictive measures of the Bulgarian state aiming at avoiding ‘Islamic threat’ . The dynamic of the attitudes and the degrees of socialization of the society of Gipsy Salafi in the town of Pazardzhik are followed. For 8 year in the town court cases have been held popularly denoted as ‘cases for radical Islam’. The conclusion of the author based on several years of qualitative and quantitative research demonstrate that there is direct dependence between the religious zeal and increase in its external attributes on one side and the degree of pressure which is systematically implemented by the state and society upon this society on the other side. The strong religiosity does not favour (up to now) extreme behaviour but it would not be stated with certainty that this tendency would be valid in the future for the next generations. It would not be excluded that part of them would be radicalized, but the basis for such behaviour would be not religious but social one.
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The book ‘Turnovo Constitution in the light of the Balkan Constitutionalism of the XIX century‘presents a detailed history of constitutions and constitution projects in the Balkan region in 19th century arguing that this development was not later than in the other Euro-pean countries. The focus of the research is the Bulgarian Turnovo constitution (1879) which is compared to the constitutions of the other Balkan states in 19th century: Greece, Serbia, Romania, Ottoman Empire, in their historical origins and important constitutional norms. The author successfuly overcomes the national framework of research and outlines the positive achievements in constitutional history of the Balkan states. [Kostadin Paev, ‘Turnovo Constitution in the Light of the Balkan Constitutionalism of the XIX Century’. Sofia, 2016, 359 pp.]
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Soon after the First World War broke out in 1914, both in the country and abroad a movement was formed aimed at establishing an independent Czecho-Slovak state. It was hoped that Austria-Hungary would collapse and Germany be defeated. To reach its goal, the independence movement had to obtain the support of Czechs and Slovaks abroad, mainly in the USA, France and Russia, as well as benevolence of the Entente Powers. Initially, the decisive influence of Russia was taken into consideration, which resulted in the postulate to preserve monarchy. As Russia’s position was weakening, the Czecho-Slovak resistance movement became more oriented towards Entente’s western powers and gradually, especially abroad, emphasized the vision of the future state as a republic and its democratic system. In order to understand the establishment of the Revolutionary National Assembly in Prague in 1918, the origin of its founding must be presented and a reference made to Austro-Hungarian parliamentarism. On 19 November 1916 information was published on founding the Czech Union comprising Deputies of the Austrian Parliament — the Imperial Council (Reichsrat) in Vienna. It was a group of Deputies of nine political parties, who committed themselves to act in accordance with the principle of majority in national-political and constitutional-legal matters. Simultaneously, the National Committee was founded as a permanent body associating representatives of Czech political parties. It was to support the Czech Union as the highest authority in those matters of political life that transgressed competences of Deputies to the parliament. Initially, the Czech Union was loyal to the Austrian government and even distanced itself from the Czecho-Slovak resistance movement abroad. Among the Czechs important organizational elements were established, which contributed to the creation of the union and became a catalyst of the Czech political life.Soon after the First World War broke out in 1914, both in the country and abroad a movement was formed aimed at establishing an independent Czecho-Slovak state. It was hoped that Austria-Hungary would collapse and Germany be defeated. To reach its goal, the independence movement had to obtain the support of Czechs and Slovaks abroad, mainly in the USA, France and Russia, as well as benevolence of the Entente Powers. Initially, the decisive influence of Russia was taken into consideration, which resulted in the postulate to preserve monarchy. As Russia’s position was weakening, the Czecho-Slovak resistance movement became more oriented towards Entente’s western powers and gradually, especially abroad, emphasized the vision of the future state as a republic and its democratic system. In order to understand the establishment of the Revolutionary National Assembly in Prague in 1918, the origin of its founding must be presented and a reference made to Austro-Hungarian parliamentarism. On 19 November 1916 information was published on founding the Czech Union comprising Deputies of the Austrian Parliament — the Imperial Council (Reichsrat) in Vienna. It was a group of Deputies of nine political parties, who committed themselves to act in accordance with the principle of majority in national-political and constitutional-legal matters. Simultaneously, the National Committee was founded as a permanent body associating representatives of Czech political parties. It was to support the Czech Union as the highest authority in those matters of political life that transgressed competences of Deputies to the parliament. Initially, the Czech Union was loyal to the Austrian government and even distanced itself from the Czecho-Slovak resistance movement abroad. Among the Czechs important organizational elements were established, which contributed to the creation of the union and became a catalyst of the Czech political life.
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One of the elements of constructing the Ukrainian statehood after the First World War was the establishment of representative and executive structures. First institutions — organs of authority were founded in Trans-Dniester in the years 1917–1918. During the Ukrainian Revolution of 1917–1921, the Central Council of Ukraine was founded — during the All-Ukrainian National Congress it received the rank of the official representation of the state to be formed. The Council’s weakness was the lack of influence within industrial and financial circles, as well as inability to create an effective administrative apparatus in Kyiv and throughout the country. The power was in fact exercised by the Provincial Government and its local structures. Nonetheless its greatest achievement was working out the foundations of coexistence with other nations inhabiting the territory of Ukraine. It is not widely known that in the Ukrainian land the so-called Jewish National Council, cooperating with the Central Council of Ukraine was established and vested with the initiative to regulate the matter of Jews’ autonomy. The Central Council’s alternative were central and local organs of representative authority created in the lands of Western Ukraine in the years 1918–1919. By the force of a resolution by the Ukrainian Parliamentary Representation (Lviv, 19 October 1918), the National Council of Ukraine (National Council) was established, which comprised Deputies to the Austro-Hungarian Parliament, the House of Lords, Sejm of Galicia and Sejm of Bukovina, as well as representatives of Ukrainian political parties — three of each party. The National Council was granted the status of a constituent assembly and a representative, lawmaking and administrative authorization to realize the right of self-determination of Ukrainians inhabiting the monarchy. By the force of the Council’s decision in April 1919 acts were passed “On summoning the Sejm of the ZUNR” and “On electoral ordinance to the Sejm of the ZUNR”, according to which a unicameral sejm (parliament) was to be the highest organ of the legislative power, established on the basis of the national criterion. Those organs ceased to exist along with the fall of the idea of establishing a Ukrainian state.
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In Latvia, the process of creating the legislative power had been complex. It differed significantly from Poland, where the Sejm was appointed promptly and peacefully — it comprised representatives of most political parties and was acknowledged by majority of the society and contested only by the Bolsheviks. In Latvia it was contrary — a number of competing legislative organs was created. They multiplied in subsequent regions of the country as well as in time, in subsequent elections. The organ ultimately established, although accepted by the majority, neither adequately represented nor was fully accepted by supporters of the forces which lost the rivalry — the German gentry and communists.
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Greece’s defeat in the war with Turkey in 1897 resulted in submitting the state’s finances to the control by an international committee and provoked the necessity to introduce systemic reforms. The role of the father of modernization was vested in the new Prime Minister, Alexandros Zaimis, who on 29 October 1898 submitted to King George an extensive memorandum specifying the directions of essential reforms, indispensable to stabilize the country’s situation. The main goal was to “rebuild the state and the country”, and the means to achieve it was a fundamental modernization in such spheres as organization of the state, administration of justice, fiscal system, as well as education and social welfare. The main achievement of the modernization policy was the passing of the Constitution (27 May 1911), amending the fundamental law of 1864. The Constitution mainly improved the lawmaking process and until Greece joined the Second World War, it had been the basic point of reference in systemic issues.
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On 16 November 1918 the bicameral National Assembly terminated its activity, but the new legislative body was not able to take up its role until the beginning of 1920. The two-year functioning of the unicameral National Assembly was marked by certain duplicity. On the one hand, a certain democratization process was taking place, apparent as regards strengthening and expanding parliamentary functions. On the other hand, as a result of unstable party structures and political rivalry dominating the activity of the National Assembly, the discussed institution was incapable of creating a stable system of governance, which left considerable leeway for Prime Minister István Bethlen.
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The onset of a modern idea of Belarusian statehood coincides with the period of the end of the First World War. It was a particularly difficult time for Belarusian lands: the front, which divided the country into two parts for a long time; the scorched-earth policy employed by the Russians; mass requisitions carried out by both armies, war destruction and recruitment drainage all contributed to the ongoing economic and demographic collapse of Belarus. The proclamation of independence of the Belarusian People’s Republic on 25 March 1918 turned out to be a short-lived success. As a territorial entity, the young state survived only until December that year. The challenges which the supporters of the country’s independence had to face between 1918 and 1919 surpassed capabilities and organizational skills of the movement. It also seems that the pace of development and the nature of geopolitical challenges were beyond the abilities of the Belarusian elite.
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The article refers to the sejm elected on 26 January 1919. The parliamentary representation established on that day reflected electoral preferences of the society. The so-called Legislative Sejm was to create the systemic foundation of the renascent State — a modern foundation, suitable for the challenges of the time. The sejm comprised representatives of the intelligentsia and peasantry — those two socio-professional groups consisted 4/5 of the chamber’s composition. One of its first achievements was passing a resolution which became known as the so-called Small Constitution, which concisely regulated the most important systemic issues for the transition period, until the constitutional act is passed. Hence, the Sejm was a sovereign legislative body, closely cooperating with the Chief of State. Achievements of the Sejm comprise both social issues and matters related to the inexpedient reconstruction of the devastated state. Long-term systemic solutions aimed at modernizing the country referred to matters affecting the efficient integration process. This includes establishing the voivodeships as well as organizing the state finances (including taxes). The copestone of the reconstruction was the adoption of the Constitution of 17 March 1921. The achievements of the Legislative Sejm shall be assessed positively. It was the sejm which laid down the foundations of the renascent Republic, acting as the stabilizer, especially of the internal situation of the Polish State.
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The article presents the process of deforming parliamentary democracy in Bulgaria after the First World War. The analysis begins with the presentation of fundamental political principles and relations between the main state institutions in the Tyrnovo Constitution, the fundamental law of Bulgaria in this period. Further, the problems of Bulgarian parliamentarism are discussed. Parliamentary democracy in Bulgaria in the interwar period was deformed by violating the rules of the parliament and subordinating it to party interests. It was further weakened by the usurpation of power (two coups d’état), disrespect for the constitutional principles, and by regulations prohibiting the activity of certain political forces. As a result, Bulgaria has evolved from a parliamentary monarchy that respecting the parliamentary system and procedures to the dictatorship.
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This article intends to explore briefly the steps that lead to the appearance of the summary Rite on the medieval Ius Commune, highlighting the role of Canon law, and in particular the legislative interventions of Pope Clement V, in the conformation of this process, from the decretals Dispendiosam and Saepe Contingit up to the Bartolus de Sassoferrato’s study about the Constitution Ad Reprimendum, well as its reflection on the italian statuti comunali.
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Comparative legal studies have established themselves as the reaction of legal scholarship towards the legal diversity of our shrinking world today and in the past. Despite their potential, such studies occupy a marginal place in legal curricula and practice across Europe. This unhappy situation has brought about debates within the community of comparatists about possible causes and eventual remedies. In this paper, I look at this debate as the incarnation of the century-long confrontation among 'erudite' and 'pragmatic' legal scholars; the former group identify with the agenda of Rodolfo Sacco and the latter are led by Basil Markesinis. My aim is to draw implications from this debate for comparative legal history. In order to do so, I begin by introducing the main tenants of the two 'schools'. Secondly, I investigate the main stumbling blocks of the debate between them: Eurocentrism, the selective scope of research, interdisciplinary and cultural studies. Thirdly, I contemplate the implications of the debate for legal history and a possible synthesis of the two approaches suggested by Uwe Kischel. My main point here is to encourage legal historians in two respects: (1) to engage in cooperation with comparatists in order to enhance our understanding of the context(s) and the paradigm(s) of European legal culture in the face of the ongoing internationalisation of law and legal studies and, (2) to pursue the task of revealing the hidden factors that slow down the transformation of positive law when the changing world calls for it, as is the case with acknowledging new kinds of legal subjects.
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Undertaking obligation for public interest is a peculiar institution of the Hungarian civil law. This institution is very similar to the ancient Roman pollicitatio. This paper, at first, gives an outline of the classical Roman rules of pollicitatio, and after that it compares the ancient rules with the remarkably similar Hungarian regulations of today.
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The Hungarian Holy Crown doctrine involves lot of legal values. Among others such values, which was later relatively similarily expressed in Bodin's sovereignty theory. The ideas about an abstract, supreme power became commonly accepted in the West in the 16-17th centuries. Because the ancient Hungarian constitutional thoughts gradually have been projected on the Holy Crown, therefore it is important the age of the Holy Crown. The writing tries to find the first European crown that resembles the shape of the Holy Crown. The probably first cross-strapped, closed crown was Theodahad's property AD 6th century. This Italian ruler is closely connected with the former Hun Empire through his uncle, Theoderic the Great. The writing refers a story of the Eastern Huns from BC 3th century, which is closely related to one of the important thoughts of the Holy Crown-doctrine.
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Both Quintilian and Martial joke about the schoolboy’s horror of the virga magistri. While erudire includes forcing out “rudeness” in its etymology, this paper seeks to examine when, where, and why accepted methods of physically disciplining free-born children tipped over into inuria and delict. The dignitas of a citizen was understood to guarantee protection from physical assault of any kind; consequently allowances for the beating of children as part of education is fraught with social and legal significance.
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This paper is about assessing the connection between two different fields – literature and law. To examine law and literature as an instance of interdisciplinarity can be questioned first of all because the textuality of law is different from that literature: interpretations of legal text invoke coercive power of state, while interpretations of literary text examine power of art of words. Considering the fact that law is not an autonomous system of norms, but rather an instrument of conscious pursuit of social welfare, it requires lawyers to understand not only legal, but also social facts. Therefore, literature is to supplement, enrich or correct law offering better insights into law issues. This paper will enlight some aspects of that influence using Sofocle’s Antigone.
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The preconditions of incorporation of Western Ukrainian lands into the structure of the Austrian monarchy in the second half of the XVIII century are analyzed. and given a historical legal assessment. It is noted that the accession of the West Ukrainian lands to the Austrian Empire was typical of the era of European absolutism by the act of incorporation, which pursued a certain strategic goal of the Austrian government: the expansion and strengthening of the Austrian borders and the improvement of the connection between the Austrian provinces, first of all, between Semigorod and newly joined in 1772 Galicia. It was shown that the peculiarity of the organization of public administration in the western territories of Austria and Austria-Hungary consisted in the fact that the formation and functioning of the administrative apparatus during 1772-1918 was carried out exclusively by the Austrian authorities. The western Ukrainian population, in violation of social, national, religious rights, was forced to submit to the introduction of a foreign Austrian and Hungarian law. This contributed to the assimilation of the Western Ukrainian population, the deepening of the crisis of Ukrainian spirituality and culture in the seventeenth and nineteenth centuries. To the negative consequences of the incorporation of Western lands Austria and Austria-Hungary also include the impossibility of developing processes of Ukrainian state-building, preserving its own national state, law, culture. It was emphasized that Western Ukrainian lands, in spite of the assimilation measures of Austria and Austria-Hungary, remained an integral part of the ethnic territory of the Ukrainian people. During the Austrian and Austro-Hungarian period, the Western Ukrainian population maintained its language, customs, dignity, and a sense of unity with the entire Ukrainian nation. Halychyna as the center of the West Ukrainian lands has always been the «Ukrainian Pyomon», where the old traditions of its own statehood and political independence were actively developing. It was in Galicia that the historical right of the Ukrainian people to independent existence and cultural and political development was consistently grounded. During the historical development in Galicia, we also experience a developed sense of the roots of ethnonational life, belonging to the Ukrainian tradition.
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The article reviews Reform of Lithuanian judiciary in 1933 insofar as it relates to the judiciary of the Memel Territory. Issues related to the implementation of this reform are discussed, as well as the demands of the Germany and Signatory States. The research is done mainly on the bases of the documents found in the Central State Archives of Lithuania: pro memoria of the governors of the Memel Territory, the letters of Lithuanian ministers and officials of the Directorate of the Territory, conversations between representatives of Germany, Signatory States and Lithuania, statutes of the Memel Territory, and case law of the Senior Tribunal of the Republic of Lithuania. Commentaries on Lithuanian laws and publications by interwar Lithuanian scientists and mass media have been used as well.
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The study is a response to the events organized on the occasion of the anniversary of the 1938 and 1939 historical events in the interwar Czechoslovakia, which determined further development trends throughout the Central European Space. The author has sought to find a connection between the open denial of democratic principles in the management and administration of society on the territory of the former Czechoslovakia at the end of the thirties of the last century and its development in the coming decades. In this sense he presents the constitutional and legal aspects of development on the territory of Czechoslovakia after its disintegration in mid-March 1939. He shows how the situation has evolved in Slovakia, in Subcarpathian Rus´ as well as in the territory that became the protectorate of Nazi Germany. It therefore analyses the Constitution of the Slovak Republic, describes the political relations in Subcarpathian Rus´ after the establishment of autonomy and its integration into Hungary. S. Konečný also presents the situation in Bohemia and Moravia after the declaration of the Protectorate and the establishment of the German administration on this territory. He criticizes the authoritarian and totalitarian elements in the political and legal systems in these regions that were part of Czechoslovakia. In the opinion of the author, it was precisely these that caused negative developments and some conflicts that they were stepping up during the Second World War and have been the cause of many losses, injustices and tragedies. Concerns, ambitions, but sometimes also efforts to rehabilitate ideology and politics in the post-war period have often led to new deformations that also affect our presence.
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