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Jusqu'au XVIème siècle la législation dans l'Empire éthiopien était principalement fondée sur les règles du droit canonique, les commandements bibliques, et des éléments du droit coutumier. Il a fallu attendre l'apparition du premier écrit code juridique pour voir l’intégration du droit romain et byzantin dans la législation éthiopienne.La codification du droit en Ethiopie, qui a eu lieu dans les années 1924-1933 et 1950-1960, a exigé des codificateurs l’application des législations des pays du monde occidental. Pour la création du code criminel et du code civil, on a utilisé les codes des pays dont la législation s’appuyait sur le droit romano-germanique, aussi bien que ceux des pays dont la législation reposait sur le droit anglo-saxon.Le texte ci-dessous tente de repondre à la question: à quelle famille juridique appartient la législation éthiopienne contemporaine?
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The aim of this paper is to present the in-depth study of the only one piece of the adjudication activity of the judiciary in the Free City of Cracow (1815–1846) – the Sawiczewscy case. Named after its subject, the division of the estate of well-known Cracow’s pharmacist and university professor Józef Sawiczewski, the case is the example of rich source of material for the researcher in the field of the application of the French law of succession in the Republic of Cracow. In its first part the article describes the case proceedings including written pleadings lodged by the parties, rulings of the Cracow’s courts: the Tribunal of First Instance, the Court of Appeal, the Court of Third Instance and also the opinion of the Professors and Doctors of the Faculty of Law of the Jagiellonian University. Due to that detailed analysis, the process of the interpretation of the Code civil regulations by the Cracow’s lawyers can be fully understood and properly evaluated. The comparative base for that evaluation is presented in the second part of the paper, which outlined the nineteenth century French interpretation of institutions of the law of succession applied in the case, i.e. the restitutions (rapports) and the disposable proportion (quotité disponible). As regards this base the outcomes are unsatisfactory since the members of the judiciary of the Free City of Kraków failed to meet not only the original intent but also the contemporary French understanding of the law of succession of the Code civil.
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In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today.I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results.In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today. I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results. In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.
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Nobility of the Kievan palatinate and the problems of judicial organization in the second half of the 17th century
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Sources on crimes and their punishment do not really offer much support in the reconstruction of criminal realities in the medieval and pre-modern Moldova, as their frequency until the second half of the 18th century is quite low. However, due to the fact that the writing of procedural elements of the criminal investigation and the application of the sentence as well as the preservation of these records in archives were mandatory, even if on a limited scale, this reality becomes palpable for the historian. Apart from this type of sources, anaforale can also be distinguished. These judicial sources are reports issued by members of the Moldovan criminal court, which had operated under the name of the Criminal Department since the late 18th century and in the first three decades of the 19th century. In our study, the documents we are interested in, the reports called anaforale (judicial sources), illustrate significant progress in the judicial practice in Moldavia at the end of the 18th century and the beginning of the 19th century, as far as both the changing of the death penalty to other punishments, and the trial procedures were concerned. In the following article, we are focusing on the punishment of the acts of theft and robbery – in the case of theft, it being accompanied by the violence against victims, as it is provided in the anaforale issued by the Criminal Divan of Iasi between 1799 and 1804. The actors of the criminal investigation (the prosecution agents, the perpetrators, the witnesses), the judicial norms and the practices in cases of theft and robbery, represent an area of interest for our research in regards to the aforementioned period of time. We use these criminal historical sources as a documentation basis for an investigation into the legal system, the criminal organization and its operation in last decades of the Old Regime in Moldova as part of Eastern and Central Europe.
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Since the modern era, amidst the intensification of the conflict between the bourgeoisie and the proletariat, one of the basic solutions for social peace has been the collective labour contract – a legal instrument designed to keep both capitalist exploitation and proletarian revolutionary activism under control. In pre-modern times, in the absence of collective contracts, their economic and social functions were performed by other institutions and organisations, which operated in turn in the ancient economy, the feudal agrarian economy and the guild system of medieval manufacturing. Through them, the mechanisms of access to and evolution in the labour market, prices and quality of products, and some forms of social protection were regulated.
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Legal systems aim to protect a person's reputation as well as their material assets. Due to the place where Islam has positioned human beings, fiqh has also revealed norms that will protect human honor. Based on these norms for centuries in the field of judiciary, the Ottoman Empire began to legislate these norms with the influence of the West. In this context, attacks on human honor were also included in the texts of the law, and the courts were asked to handle the cases within the framework of these laws. In the laws, it is seen that insult crimes are regulated in accordance with the classical Hanafi fiqh. However, in law making, fiqh was used less by time, and Western systematics was taken as a basis in the division of crime. In today's Turkish positive law, it is seen that the crime of insult, which is regulated within the "crimes against honor", also follows this systematic and is influenced by the Ottoman positive law. In this study, the crime of insult will be discussed comparatively over the successive Hanafi fiqh, the laws of the Tanzimat period, the old Turkish Penal Code in some subjects and today's Turkish Penal Code laws.
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In the content of this article we will try to map the fact that originality represents the key element of the legality of artistic creations by invoking both fictional and jurisprudential landmarks. In a metaphorical interpretation, the literary case Mr. K versus Cornichonn highlights, in a fabulistic manner, the amplitude and strength of the authentic originality of a literary creation, providing the value of a judicial symbol. In another context, the jurisprudence outlines the paradigm of the analysis of originality as an essential criterion in acquiring copyright protection.
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Timidly begun in the first part of the 20th century, the removing of the discriminations had continued to some extent under the communist regime, which maintained a general hostile attitude towards the human rights paradigm. After December 1989 the phenomenon of discrimination was tackled through the connection to the standards of the international law and the adoption of new legal instruments. In the context of the start of the accession negotiations to the European Union, the general act in the field was adopted, the Government Ordinance no. 137/2000. The non-discrimination law was amended several times, without much care for coherence between the provisions from different Acts. The National Council for Combating Discrimination has an important role in the application of the non-discrimination law, but it is under the pressure of the lack of the human and material resources. The persistence of some discriminatory attitudes and behaviours with serious consequences shows that for long term solutions the legal edifices are not enough, and the education is essential.
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This article focuses the historical process of a radical reformulation of the mechanisms of legal regulation of creative activity in the field of visual arts on the European continent, beginning from the second commandment in the Old Testament (the prohibition of imaging) to the contemporary constitutional protection rules in place in Europe and the United States (freedom of artistic expression). The study assumes that the transition from the ban on imaging to the freedom of artistic expression was a result of the long-term evolution of social relations, which involved a gradual liberalization of cultural life and the liberation of the sphere of art from the dictates of religion, politics (the State), professional associations, and the rules of the art market. It characterizes specific historical periods which changed the model of regulating culture and art by the State (or religious communities), and proposes a model of periodization of the history of the formation of artistic freedom as a legal standard.
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Review of: Dorota Wiśniewska - Zygfryd Rymaszewski, Obrót prawny nieruchomościami w Krakowie i podkrakowskim Kazimierzu w średniowieczu, Wydawnictwo Uniwersytetu Łódzkiego, Łódź 2020, ss. 351
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In this article, Abū Bakr Ibn al-’Arabī's understanding of abrogation (naskh) and the reflections of this are discussed. Although it is not possible to reach a final point on the subject of naskh which has been a subject of debate since the early times and is still under discussion, it might provide a basis for further studies in the subject of abrogation to analyze the changes occurred in the meaning and content of abrogation throughout history. In this study, we dealt with Ibn Arabi’s views on abrogation and explained some basic concepts of this issue as well as examined controversial issues in this regard. We also discussed the conditions of abrogation and the relation between abrogater and abrogated verses according to Ibn al-’Arabī and compared his views to the views of other jurists and exegetes. In conclusion, we presented some information on the abrogated verses from the perspective of Ibn al-’Arabī.
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Upon his accession to the throne, Tsar Alexander I began preparing various changes in the administrative and political system of his empire. The apex of all attempts took the form of a draft of the constitution for Russia, worked up in secret in Warsaw in 1818-20 under the control of Count Nikolay Novosiltsev. The tsar approved of the ‘Constitutional Charter of the Russian Empire’, written in French and Russian, but did not attempt at implementing it. The draft of 1820 combined the solutions drawn from the Constitution of the Polish Kingdom with the federalist concept (the division of the Russian Empire into ca ten to twelve governorates, introduction of the separate central and regional administrative bodies). At the same time, it confirmed the full sovereignty of the emperor, acknowledged as the only source of power in the state. Tsar Alexander I interpreted key terms and political system ideas in a different way than their West-European authors. The political system envisioned in the 1820 ‘Constitutional Charter’ was not meant to liberalise Russia, but to modernise its administration apparatus and to free the tsar from the clutches of the court and military oligarchy in Saint Petersburg. The Polish Kingdom served as a testing ground for the planned constitution of Russia. The role of supervisor of this political experiment was played by the tsar’s plenipotentiary in Warsaw, Count Nikolay Novosiltsev. According to Tsar Alexander I’s concept, the constitution enacted in the Kingdom of Poland in 1815 was not a bilateral agreement but applied only to the citizens. It was protected against “abuse” by punitive measures proportional to its freedoms. An essential element was the simultaneous operation of two structures of power: the legal one (constitutional), and discretionary (non-constitutional). The discretionary power was superior to the legal one and was subordinated directly to Alexander I. It was represented by the governor de facto – Grand Duke Konstantin, and Novosiltsev, who were to control each other. The ultimate goal i.e. the implementation in the Russian Empire some mechanisms of the constitutional system with the preservation of autocracy explains many questions related to the political practice of the Polish Kingdom. On the other hand, the coexistence of constitutional and non-constitutional authorities in Warsaw makes it possible to understand what was expected by Tsar Alexander I after the introduction of the Constitutional Charter in his whole empire. The tsar did not plan to abolish the autonomy of the Polish Kingdom after the enactment of the Constitution in Russia. He probably considered the creation of two categories of governorates: the native Russian ones and peripheral, established according to the nationality criterion (such as Poland or Finland). The latter would preserve their separate status on the model of Hungary or Lombardy-Venetia within the Habsburg Monarchy. In the case of Poland, the problem was more complicated due to the so-called ‘Western Gubernias’ (the former lands of the Polish-Lithuanian Commonwealth annexed by the Russian Empire) and their possible incorporation into the Kingdom of Poland. The draft constitution of 1820 could not be enacted due to the total lack of social and political support.
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The paper addresses the legal measures regarding vaccination against smallpox in the Principality of Serbia in the 1830s–1840s. The main focus is on two normative acts – Rules for the inoculation of pox of 1839 and a Supplement to these Rules of 1842. Relying on archive material, the paper strives to show both the normative content of these acts (including a comparison with the Austrian regulations of 1836), as well as the circumstances in which they were passed and their application in practice. Particular attention is paid to the main obstacles to effective vaccination – distrust and fear of the procedure among the general population and insufficient available medical staff – and steps that were taken to overcome these difficulties.
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Following the treaty concluded on 9 February 1918 in Brest-Litovsk, the German and Austro-Hungarian Armies entered Ukraine as its allies in the war against Bolsheviks. Relations between the Quadruple Alliance states and the Ukrainian People’s Republic, however, were not harmonious. For this reason, the Germans supported a coup by Pavlo Skoropadsky. As the coup’s result, the Ukrainian People’s Republic was replaced by the Ukrainian State. It was headed by Skoropadsky himself, who took on the title of hetman. According to a popular in Ukraine opinion, the Hetmanate period was the time of stabilisation and order. Some researchers indicate the fact that under Skoropadsky, the Ukrainian judicial system was developed, as well as the education system, culture, and even that of the armed forces. For this purpose, they compare the Ukrainian State with the Ukrainian People’s Republic led by the Central Council at the turn of 1918, and by the Directorate during an exceptionally bloody period between December 1918 and November 1920. Indeed, presented against such a background, Hetman Skoropadsky’s rule seems to be an oasis of peace, development, and order. Detailed archival research, however, tarnishes this idealised image. The image based on archival materials kept in the Ukrainian institutions reveals the Ukrainian State trying to fight against lawlessness, but with no success. The presence of Central State armies was not always favourable to bringing order on the Dnieper, especially that there were many Ukrainians hostile towards German and Austro-Hungarian troops. The search query makes it also possible to notice discrepancies and information disorder in documents prepared by different departments of the Ukrainian State government, including the Ministry of Justice.
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This article maps the legal framework of the anti-corruption legislation in interwar Yugoslavia, by examining the context and contents of the evolving anti-corruption laws in the period 1918–1941. It examines the intentions of the law-makers and the messaging that they wanted to convey through the legislation in a diachronic perspective, as well as the focus of the anti-corruption efforts towards petty corruption versus grand corruption. It poses questions towards the applicability of existing corruption models in the context of interwar Yugoslavia and proposes new directions for studying persisting structural phenomena shaping corruption practices in Southeastern Europe to this day.
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The article attempts to provide a more precise answer to the question of Paul Vladimiri’s (Latin: Paulus Vladimiri; Polish: Paweł Włodkowic) account of the concept of permissive natural law. This purpose is realized in two steps. First, a brief history of permissive natural laws in the tradition of medieval philosophy is discussed, and the historical context, in which Paul Vladimiri developed his concept of natural law, is outlined. Next, some excerpts from Vladimir’s writings, in which he uses phrases indicating the presence of the concept of permissive law in his philosophy, are analysed.
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The justice system, which was organized in accordance with the religious and customary rules of the Ottoman Empire, evolved in a new direction based on the principle of “no crime and punishment without law” in the Tanzimat Era and the legislative movements of the same period were shaped according to this new orientation. With this orientation, the kadi, the practitioner of justice, was replaced by lawyers, prosecutors and judges following there quirements of secular legal regulations. Thus, a new profession and the term "lawyer" emerged in the Ottoman State law. Lawyers needed to go through certain stages in order to evolve in to the level of an attorney as we know today. In the first legal arrangements, the conditions of becoming a lawyer together with their duties, rights and responsibilities were determined and the advocacy became a professional occupation. Moreover, in order to put these regulations in to practice, arrangements were made regarding the training and organization of the proxies. Hence, the foundations of the profession of a lawyer were laid out. This paper will address the importance of the formation of advocacy as a profession and vocational education and organization of lawyers in the Ottoman Empire. In addition, it will seek the answer the question of if the profession of a lawyer really existed in the Ottoman State.
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