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Some developments in the first and second century of the hijri calendar, caused to some theoretical debates among Muslims. The need for an authentic faith system paved the way for the writing of Islamic dogmas. Hakim as-Samarqandi’s (d. 324/953) es-sevadu al-a’zam takes an important place among such kind of studies which was started by Abu Hanifa’s (d. 150/767) Fiqhu’l-Akbar. The distinguishing feature of this study is its inclusion of many Islamic law issues. This article examines the causes of presence of Islamic law issues, generally in theological works, especially in as-Savadu al-a’zam. In the article solid connection between Islamic law and Islamic doctrines, the commitment of the author to Hanafi-Maturidi tradition, a reactional discourse against the opposing parties and the aim to find answers for the problems of the time will be examined.
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The article represents a brief analysis of the effectiveness of the judicial act by referring to the necessity of establishing a judicial truth. In establishing limits for the determination of judicial truth, the article examines the prevalence of the notion of rule of law, the rigor of applying the rules of procedural or material law, the implication of equity in judicial matters and the need to establish a correspondence between factual truth and judicial truth.
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The Senj Statute from 1388 contains regulations that were being developed in the period of time from 1388 to the beginning of the 15th century. There are two texts in the Statute: Latin and Croatian with insignificant differences in some details. The Statute contains many regulations which relate to criminal and legal subject matters.The Statute did not know the division of guilt into dolus and culpa. It does not deal with the punishments of accomplices and instigators, and there is nothing about necessary self defence or any other principles for the exclusion of illegality. The institution of attempt was not known, and there was nothing about competence. In this Statute the criminal law has no special system, so that penal matters and penal processes regulations are not separated. The Statute recognised 50 criminal offences, which are classified in the document into the following delicts: against life and body, against property, against general safety, against legal, personal and proprietary safety of citizens, against general health, against honour, reputation and public morality, against unwittingly actions towards tavern-keepers, butchers and merchants, and other penal offences.The Statute knew and prescribed the following types of punishments: the death penalty (only in one case), corporal punishments (loss of ears, loss of one limb, being hung from a beam and flogging), and fines (for most offences). Sometimes two punishments were determined for a particular offence, which were proclaimed cumulatively. In the document each of the 50 criminal offences is spoken of.
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With regard to the issue of the acquisition of a vacant inheritance, important legal orders belonging to the Roman law tradition, even if recently modernized (as the Brazilian one), are still following the (mainly) public-law theory based on the occupation of the vacant inheritances by virtue of state sovereignty. The origin of such a theory dates back to the Middle Ages, then it has been further supported by the France scholarship and it has been somehow reinforced by the Regulation (EU) No. 650/2012, even if only from an international private law point of view. Nevertheless, the opposite private law theory based on the succession of the State as heir, adopted in Germany, Spain and Italy (and in many other legal orders belonging to the Roman law tradition) should be preferred in the future. This conclusion can be easily understood if only one deals with this subject matter adopting also an historical and comparative perspective, hence treasuring the Roman law lessons, although adapted to the innovations of the modernity and of the contemporaneity.
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This paper describes the hadith and jurisprudence movements in the city of Basra in the second half of the first Hijri century and focuses on the effect of the great companion Anas ibn Malik in Basra. Anas was one of the most prominent companions during this period and was notable for his lengthy relationship with the Prophet (Allah bless him and give him peace). This study focuses on analyzing many narrations related to him and the scholarly relationship between him and other companions and the tabieen in Basra and other cities. Furthermore, this paper aims to show the manifestations of the strength of the hadith movement and the weakness of the jurisprudence movement and focuses on Anas' impact on his students and whether the students who graduated from his "school" were jurisprudents or hadith narrators. It also studies his relationship with the tabieen, their trips to him, and the study of the jurisprudents of the tabieen from other cities, and Anas' jurisprudential character (from Musannaf ibn abi Shaybah) etc…
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Murders that resulted in death were subjected to various divisions such as killing by intent, mistake or indirect. Various forms and different provisions of each of these murders were found in itself. Indirect killing was deemed lighter than the others, and accordingly, the penalty was appreciated less, and it was even stated that the criminal responsibility fell completely, depending on the place. Because, while there is direct saving in other killing types, indirect killing has an indirect effect on the result. In this article, we will examine to a death incident that occurred indirectly within the framework of the compensation law according to Hanafi Sect. For example, this study, in which we will deal with the issue of who should be blamed for this death in the event that a person who falls into a well dug in the road dies in that well for different reasons after a while, will also give general idea about the perspectives and methods of imams in murders that occurred indirectly. The different ideas and justifications of Imam Abu Hanifa (v. 150/767), Imam Abu Yusuf (v. 182/798) and Imam Muhammad (v. 189/805) on this issue are discussed together with the reports and evaluations of the later Hanafi jurists.
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In March 1968, in the streets of Warsaw, Polish students protested against the communist authorities’ restriction of freedom of cultural and artistic activity. Demonstrations taking place during the so-called March events were brutally pacified by the militia, and participants in the events were charged with breach of the peace. When considering cases of their offenses, the penal-administrative colleges imposed severe basic arrest penalties and high fines, which were usually immediately convertible into alternative arrest. The penalties isolating the offender from society were imposed in an accelerated procedure without any guarantee of defence of the rights of the accused. This practice of the colleges’ severe punishment of participants in social protests, which was initiated during the March events of 1968, would be repeated during successive political crises of the 1970s and 1980s.
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Five instructions prepared by the Treasury Commission of the Grand Duchy of Lithuania were published. This Commission, founded in 1764, consisted of two Lithuanian treasurers, and varying number of commissioners elected by the parliament. The Commission functioned as a court and administrative organ in charge of managing state finances. It was part of the executive, due to which fact it was answerable to the parliament (the Sejm of the Polish-Lithuanian Commonwealth). Every two years, the Commission delegated two commissioners for convened Sejm sessions. During parliamentary control of the Commission these Commissioners were present to provide information for members of the parliament. The first instruction that the Commissioners prepared was in 1780, during the affair concerning treasurer Antoni Tyzenhauz. He was accused of financial abuse, and the Commission tried to convince the members of the parliament, that Tyzenhauz alone was responsible for these crimes. Subsequent to this first one, instructions (1782, 1786, 1788, and 1790) contain reform proposals. The Treasury Commission described practical problems and possible solutions, suggested changes to tax structures, issued new legal regulations, and reorganized rules of operation in the institution.
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With the amendment made to the Law of Associations on June 5, 1946, various socialist parties, as well as the establishment of workers' organizations, were opened. Following this change, many unions have been established rapidly in different cities of the country, especially in Istanbul, Ankara and Izmir. After the change in the law, Turkey Socialist Party and Socialist Workers and Peasants Party of Turkey especially among workers led government to take measures quickly organization.Therewith, two socialist parties, various media and workers' organizations were closed on 16 December 1946. Also, party managers and members withheld. It was announced that the Ministry of Labor prepared a draft law a month before these withholdings completed. It was stated that there were provisions to ensure that the unions excluded from the influence of political ideologies. The developments have led the state to draw the framework of workers' rights by laws and to form workers' organizations under its command. As a result of this, the draft law was adopted on 20 February 1947 with the title of “Law on Worker and Employer Unions and Union Associations”. This study will examine the periodicals of the period from November 1946 to February 1947. Thus, the extent to which the media has included the law and its approach will discuss. Besides, the perspective of the press to the working class and unionization, strike etc. attitude towards labour processes will look.
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The review of: Monika Menke: Církevní soudnictví v českých zemích v období kodifi kovaného práva. Univerzita Palackého v Olomouci, Olomouc, 2015, 271 s., ISBN 978-80-244-4804-6.
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In his article, the author recapitulates the history of the institution of religious canonesses and outlines their canonical position in canon law in effect – both general and particular (in the so-called own law – ius proprium). Finally, he mentions the restoration of the only monastery of religious canonesses in the Czech Republic – the canonry of the Premonstratensian nuns in Doksany in the diocese of Litoměřice.
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In his article, the author deals with the personality of Johann Schwarzenberg (1465–1528), who is considered an important German legal thinker of the Reformation period. This statement is especially justified by his authorship of the Bamberg Criminal Code of 1507, which is considered a direct model of the Imperial Criminal Code Constitutio Criminalis Carolina of 1532 (“Bambergensis est mater Carolinae”). After a brief information about Schwarzenberg’s life, the author focuses on his concept of criminal law, as expressed in the Bamberg Criminal Code. In this context, in general, the author also deals with the source base of the then criminal law and its connection with theological and church law sciences. Finally, at the end of the paper, the author underlines the importance of the Imperial Criminal Code, which can be considered a “great act of civilization” based on Schwarzenberg’s contribution in the field of criminal law.
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The emergence of the constitutional movement in Afghanistan was mostly due to external factors. In the study, it will be tried to explain how one of these factors, the influence of the Ottoman Empire on the constitutional period in Afghanistan and the differences of the Constitutional Revolution between these two states. The Ottoman Empire has been one of the important intermediaries in the development of the constitutional movement in Afghanistan. Some of this influence has been very useful in the political and social reform phase undertaken by the government. The transition to the Constitutional period in the Ottoman Empire was influenced by the Japanese model, one of the pioneers of Western sciences and technology by preserving their national and Islamic traditions during the modernization period of the Young Turks. But this was true for Afghan nationalists and reformers, with the effect of the situation created by the Japanese-Russian War that resulted in the defeat of the Russians, who were traditional enemies in Afghanistan. In the Ottoman Empire, reformers such as Mithat Pasha, Namık Kemal, Ziya Pasha and Said Pasha were instrumental in the emergence of the constitution. Likewise, the Constitutionalism movement in Afghanistan has developed under the influence of reformers such as Seyyid Jamaleddin Afghani and Mahmut Tarzi. In this study, a comparison of Ottoman and Afghan Constitutionalism will be made by reviewing the existing narratives and using library resources.
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Regardless of any particular historical timeframe, the usage of legal arguments has represented an efficient means of shaping a national consciousness and of tuning to the European trends within the Transylvanian School. The representatives of this current have succeeded in imposing themselves in the fight with the empire and the three “recognized nations”, using in their endeavor ideas and political and legal concepts.
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The article illustrates the process of the restitution of property within the boundaries of the former GDR. It presents the initial arrangements in this regard between the two German states, concluded in Joint Declaration and Unification Treaty, which provided an obligation to return assets expropriated by the state to their rightful owners or their heirs. This principle of restitution was subsequently developed in the Property Law of 1990. In order to stimulate investment, further legislation, however, introduced exceptions to this rule, giving finally priority to investors over former owners rights. The aim of this article is to draw a conclusion from German experiences and to find clues for the regulation of still unresolved restitution issue in Poland.
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