Историјски узроци настанка и уставно правни развој Аутономне покрајине Косово и Метохија

Author(s): Miodrag Savović,Dragan Prlja / Language(s): Serbian Publication Year: 0

The autonomy of Kosovo and Metohia has been existing within the Republic of Serbia for six decades. The roots of establishing this Region can be found in historical, economical, rational, generally traditional and other characteristics of this region as well as in different political and ideological combinations of political movements but in the first place in the communist party. So ones having been established, this autonomy has had its developing path that has influenced its constitutional and legal transformation.The constitutional and legal state of the Autonomous Region of Kosovo and Metohia has on the other hand shared the destiny of constitutional and legal development of the former Yugoslav Federation and The Republic of Serbia, being a member of this Federation within which was also this autonomy.In particular periods of time when the central power has grown, the role of the Federation units and so also of the Autonomy has weakened.. In ther periods of time being characterized by its decentralization process, the constitutional and legal position of the Autonomous Region of Kosovo and Metohia has strengthened. According to the Constitution of 1974 the autonomy was not only equalized with the federal unit in the frame of which it has existed , but has had a superior position in many authorities. This has caused different tensions which has lead in some periods of time to suspension of these competences up to proclaiming the state of emergency and even the military regime. There have been also armed conflicts and the international community has intervened drastically punishing The Republic of Serbia in the frame of which this Region exists, by military intervention, i.e. bombardment. After that, in 1999 this Region has been put under the jurisdiction of the international forces till the final solution to its status is found. As, due to unwillingness to negotiate of the representatives of the Albanians from Kosovo and Metohia, the attempts to come to a compromising solution have failed. The Albanian party has proclaimed the onesided independence of this Region. Though some countries have recognized Kosovo and Metohia as independent state, its status is still uncertain, as it has not been recognized by the United nations and cannot become a member of other international organizations. On the other hand this onesided secession has not been recognized by The Republic of Serbia which does not agree with the separation of its own territory.

IN ABSENTIO (Súdne procesy s predstaviteľmi politickej emigrácie v rokoch 1939 – 1945)

Author(s): Ondrej Podolec / Language(s): Slovak Publication Year: 0

Ovládnutie priestoru strednej Európy nacistickým Nemeckom znamenalo zásadnú zmenu vnútropolitických pomerov na Slovensku, resp. v Česko-Slovensku. Len časť politického spektra mohla na domácej scéne ďalej pokračovať v aktívnej politike, pričom mnohí tak činili už pod novou politickou značkou. Niektorí politici sa ocitli pred možnosťou voľby medzi pôsobením v rámci úzkeho priestoru vymedzenom pre politiku totalitného štátu pod patronátom nacistického Nemecka a odchodom do emigrácie či ilegality. Často sa potom stávalo, že bývalí politickí súpútnici pôsobili v politických štruktúrach dvoch štátov, ktorých existencia sa navzájom vylučovala. Pomyselná hranica medzi dvoma politickými svetmi niekedy viedla aj naprieč jednotlivými rodinami.

Servants of the Devil in Krupina

Author(s): Milan Majtán / Language(s): English Publication Year: 0

The flames of the Holy Inquisition illuminated the Christian Middle Ages. Faith in God could not exist without belief in the infernal powers. An irreconcilable and cruel battle with the devil and with people accused of making a pact with him and recognizing him as their supreme lord in place of God had to support faith and obedience. Flames and stakes with heretics, witches and other servants of the devil blazed across Europe. The ecclesiastical and secular authorities used them to get rid of inconvenient people, but especially they evoked fear and terror towards their power. Anybody could be accused. Torture easily forced confessions of such acts that human reason cannot believe. The former Kingdom of Hungary was no exception, although the witch-hunts here were organized later and did not reach the same dimensions as in Western Europe. In the region of present Slovakia, they tried, tortured, beheaded and burnt witches in Bratislava, Komárno, Šamorín, Trenčín, Trnava, Štítnik and other towns. The former free royal borough of Krupina in Slovakia holds the sad record for the number of trials, convictions and executions of victims. Witches were still burnt there in 1741 and inquisitors appointed by the magistrates in 1744 questioned a woman accused of witchcraft.

Witch-Hunt in Szeged in the Early Eighteenth Century

Author(s): István Petrovics / Language(s): English Publication Year: 0

At the very beginning I would like to make two remarks. Firstly, the paper is rather a case study than a theoretical or a typological approach to witchcraft. Secondly: I am deeply convinced that the witch trials at Szeged can only be understood properly if their discussion is placed into the context of the history of the town. Therefore in the first part of my paper I am going to deal with the urban development of Szeged.

Dvorské poriadky na thurzovskom a esterházyovskom dvore

Author(s): Diana Duchoňová / Language(s): Slovak Publication Year: 0

Obdobie 16. a 17. storočia vnieslo do uhorskej spoločnosti nové impulzy v politickej, duchovnej, ale aj kultúrnej rovine. Medzi ne patrila aj sociálna disciplinizácia, ktorá spolu s centralizáciou a inštitucionalizáciou spoločenských štruktúr viedla k formovaniu absolutistického štátu. Jej duchovnými nositeľmi boli elity krajín, vďaka ktorým môžeme hovoriť o tzv. vertikálnej sociálnej disciplinizácii, ale ako je nižšie uvedené, nešlo len o jednosmerné presadzovanie záujmov zhora nadol.

Vymedzenie pojmu žida v právnych normách slovenského štátu

Author(s): Katarína Zavacká / Language(s): Slovak Publication Year: 0

Ochrana národnostných a rasových menšín, zakotvená vo versaillských mierových zmluvách a vzťahujúca sa i na Nemecko, nielenže v tejto krajine od roku 1933 prestala platiť, ale do popredia sa dostal nový fenomén – úplné popretie rovnosti človeka pred zákonom, predovšetkým na základe rasového princípu. Pri transformácii demokratického politického systému na nový – totalitný – došlo teda v chápaní vzťahu politiky a práva k zásadným zmenám. Nemeckí národní socialisti, vychádzajúc z ideologických zásad Hitlerovho Mein Kampf presadili názor, že zákony nepomôžu, dôležitejšia je vraj „instinktivně cítěná potřeba německého národa“. V týchto intenciách vyhlásil roku 1933 poslanec ríšskeho snemu za NSDAP Dr. Freisler: „Co pak tu záleží na nějakém rozhodnutí státního dvora! Pryč se směšnou posvátností paragrafů! Národ přece neobětuje vlastní život pro pár paragrafů.“ Pre tých, ktorým totalitná ideológia imponovala, to znamenalo prekročenie morálneho Rubikonu. „Podle nacistické theorie je zákon toliko zbraní v politickém boji. Kerrl, státní úředník, který se stal ministrem spravedlnosti v Prusku, tvrdil v prvních dnech revoluce, že se zákon musí zbavit posedlosti ‘mrtvou objektivností’, tohoto žalostného dědictví liberalismu. Hitler tento názor schválil.“

Kriminalita žien v poľských mestách v 16.-17. storočí

Author(s): Andrzej Karpiński / Language(s): Slovak Publication Year: 0

The paper tries to estimate a women's share of criminality in Poiand and their position in the world of professional criminals. The author focuses on the big cities of the Polish kingdom: Krakow, Poznan, Lwow, Gdansk, Lublin and Warsaw. The paper is divided into several parts that deal with various specific types of crime. Rather unusual crime category for women was the one where crimes such as conspiracy, rebellion and treason were included. Violation of regulations was more frequent. Robbing corpses that were victims of epidemics were usual charges brought against women. Women were also members of vagrant and beggar groups, which participated in various street-disturbances and misdemeanours. In the category of religious misdemeanours, women were found guilty mainly of prohibited activities such as witchcraft and magic. It was in the end of the 17th and the first half of the 18th centuries that Poland was most affected with the prosecution of witches. There were 115 women under the investigation and 78 out of them were taken to court during 150 years in the abovementioned cities. Murders committed by women were rare. Research has shown that only 40 women were charged with murder in these five big Polish cities from the end of the 16th until the 18th century. The city of Gdansk is a special case, because women formed as many as 40 % of all the murderers. Murder was punished by capital punishment without exception. On the other hand, women predominated in cases of infanticide. Among offences against marriage, we can find prostitution, procuration, adultery and bigamy. Women, especially prostitutes, were often accused of several offences simultaneously. Prostitutes came from various social strata. About 20 % of them came to a city from the countryside, the others came from artisan urban families. Exceptionally, even noble women who were hard up tried to earn some extra money by prostituting. Prostitutes were predominantly single women. Ten percent of prostitutes operated in brothels that were run by executioners. Official brothels in charge of executioners could be found almost in all the above-mentioned cities. The employees of the brothel were usually some shady prostitutes who came under surveillance of a town executioner following their public punishment. It was on the peripheries of a city that illegal brothels run by procurers and procuresses were to be found. Town magistrates knew about them, but tolerated their activities. A brothel of such kind employed about 3-5 prostitutes, sometimes as many as 10. However, among places were prostitutes operated were also public houses, inns, public baths, flats of clients and rented rooms. Street prostitutes represented the lowest rank of the hierarchy and offered their services in bushes or directly in the street. Again, it was women who dominated in the procuration business. Over 70 % of the accused of adultery were married women, who abandoned their husbands and lived in an illicet relationship. Thefts formed majority of town courts agenda. Majority of female thieves were artisans' daughters. Apart from them, there were daily labourers, peasants from nearby villages and wives and daughters of city servants for whom stealing was a chance to improve their circumstances. The main object of interest for female thieves were buildings and rent house, but also streets and market areas. Street thieves were usually specialised, some were shoplifters stealing from small stalls, other were pickpockets and cutpurses. Thefts occurred also in winebars, inns, churches and brothels. Many women were involved in theft-boot, handling stolen goods and profiteering. The age, family status, long time contact with a city and contacts to the underworld were other important determinants of criminal activities of women. It was not only young single girls from the poor families, who commited crimes, but also married women with children, for whom these activities formed additional income.

Život rané novoveké šlechtičny v českém království (právní limity a skutečné možnosti)

Author(s): Marie Ryantová / Language(s): Slovak Publication Year: 0

The position of women was under the strong cultural influence. One of the factors that to a large extent determined lives of many women was the law. The law, however, reflected the division of society into classes or estates. There are obvious differences between legal position of men and women in the Roman, German, Slavic and that means also in Czech law. The fact that women had restricted rights was a consequence of the exercise of the rights of her father, husband or guardian and did not stem from the fact that she was a woman. The canon law was another factor that strongly influenced the life of a woman. According to the canon law the man was the head of the family who decided about children and was legally responsible for crimes committed by his wife and children. It was out of question that a woman should hold an office. The Czech law recognised three forms of guardianships: 1) natural (a relative or a guardian by statute), 2) appointed by the father and recorded in land registers or in authorisation Setter, 3) commissioned by the king. Restricted legal competence of women was most obvious in the sphere of contracting marriages. A woman or a girl, unless she was a widow, could not make a choice of her future husband, but fully depended on the decision of her relatives, mainly father, brothers or her male guardians. Property rights in Czech lands were based on an old institution of the indivisible part of patrimonial property. The father of the family was in charge of this indivisible part. The only situation when a woman could be in the same position was when there was a lack of male relatives. There were, however, differences in the rights of sons and daughters to this indivisible part of patrimonial property. Once married, a woman did not loose her legal competence, nevertheless her property rights were restricted and subordinated to her husband. Originally the entire woman's possession that she brought to the matrimonial home became her husband's property, but she could allot herself some part of it as her own. She had at her disposal three kinds of property: 1) dowry (dos), trousseau, a gift from her husband after the wedding night (dotalicium) - these were given to her as her share of patrimonial property and as a portion that she was entitled to in case of her husband's death, 2) other property that she was either given or inherited and 3) property that her husband allotted to her. The legal limits for women were the most striking in the area of hereditary rights. It was not so much discrimination as the old family tradition in the old Czech law, i.e. to maintain the indivisible patrimonial property in the family. It was necessary to restrict a woman's birthright after she married to avoid reduction of the family property. Single woman or a widow could act in front of court independently as accuser or accused without a guardian. Procedural competence of a married woman was limited and she was considered 'a prisoner of her husband'. She could not administer the property and therefore was not able to sue anybody. There were several rights that women in the Czech kingdom were not denied and according to the law they could use them in the same way as men. Moreover, in some instances their position was more advantageous than that of men. It was the result of the general attitude to women as 'the weaker sex' and their supposed lack of experience and ignorance. Some of these rights, however, were granted to women just theoretically, either because they could be exercised only under exceptional circumstances or because women were not aware of their rights or did not dare to lodge their claims.

Testamenty aristokratických žien v Sedmohradskom kniežatstve

Author(s): Ildikó Horn / Language(s): Slovak Publication Year: 0

The study is a part of a bigger research project that aims to publish all preserved last wills of princes, aristocracy, middle and lower nobility, burghers and other city-dwellers and churchmen. The contents and the form of last wills depended on the law customs and traditional phrasing and therefore represented a highly formalised genre. In many cases, apart from a testator, there were other people, especially lawyers who influenced the style and wording of the last wills. Therefore, the question arises whether wills could possibly be an indicator of a testator's personality and whether there are any special characteristics of the last wills of women. The author addresses the problem of how many times and at which occasions women would draw their wills, what supplements they added to them and what reasons led them to do so. Testators all around Europe rationalized making their last wills by the same reasons: men are mortal, but no one knows the time of his death and therefore decisions about the division of the property should be made beforehand so the bereaved can peacefully get their share. Nevertheless, most last wills were drawn while in danger of death, during serious illness, plague epidemics or in the war times. It was only in the last third of the 17th century under the influence of baroque piety that the tendency to make a will while still alive and well started to grow. Women would often draw a last will in the time of their pregnancy as many of them died while in labour. Another reason for women was their new marriage as they tried to provide for their children from previous marriages. Amongst burghers and other city dwellers, it was usual for a married couple to make a joint last will in a ceremonious manner. Apart from the questions when and how many times, question how is also interesting. The last wills of prominent men fall into two basic categories. Most of them made a long, detailed, stylistically complex will with the help of lawyers. The second group includes wills made in danger. These are exceptionally short and concise, drawn before awaited war conflict or during acute illness, but most frequently, they are changes of previous last wills. With women, it is not possible to set up similar categories, because the practice of making women's wills was extremely diverse. Unrelated to the amount and value of bequeathed property, women's wills vary enormously in length. The contents of wills, division of property, requests of testators on their bereaved, and experiences and advice they wanted to hand out to them, form the most interesting questions of the analyses. It is surprising that just few wills contain wishes about the burial place, burial ceremony and its expenses. Requests for a final resting-place were usually related to three other aspects - religion, burial expenses and tombstone engravings. The practice of women that had experienced unhappy marriage or married several times is quite interesting. In fact, it was not always a widow's last husband who she wished to be buried next to. Wills often contain a short resume, an evaluation of marriage, but there are substantial differences between men and women . Men were usually more critical and openly spoke about problems. Women were more reserved in the assessment of their marriage. Typically, they were critical only of the fact that their husbands spent their money and did not provide for their living. However, it is a telltale sign if a woman did not wish to be buried next to her husband, used her maiden name or did not mention her husband in her will at all. Analyses of the relation to one's children revealed that mothers forgave much more easily. There are numerous examples of cases, when a father disinherited a child from acquired estates, whereas there is only one case when a mother did so. Women had more positive attitude also towards their other relatives. Distributive parts of last wills are valuable not only for disclosing quality of relationships in a family, but also for often being the only complete evidence about a woman's property. Women from rich aristocratic circles showed a leaning for charity. Hospitals, poorhouses were under their patronage and they took care of the disabled, the poor, orphans and deprived widows. Another thing is, however, how wills were executed in practice. To a considerable extent, last wills fulfilment depended on the relation of a testator to his or her relatives and on conscientiousness of wills executors. Testators were aware of such difficulties and tried all the possibilities provided in the law to secure their last wills. Moreover, it was a usual custom - and according to our findings, it seems that it was used much more by women than men - to add blessing and cursing formulas against those who would and those who would not comply with their wills. It seems as if women believed more in blessing and cursing than secular justice.

Otto Stobbe und die Rechtsgeschichte der Juden

Author(s): Guido Kisch / Language(s): German Publication Year: 0

Hardly any part of the history of the Jews has so far been as neglected as the legal history of the Jews in medieval and modern times. It is a special, however very large scientific area, even an independent science with wide branching, comprising an era of about one and a half millennia, based on both history as well as on law, offering an undreamt-of abundance of legal historical material and historical, legal and sociological problems presents. These aspects have almost entirely eluded, even to the present day, any systematic scientific work, any historical collection, judicial comprehension and sociological lighting. And yet today, less than ever, a particular justification for the importance of this field of research is needed.

Свободата на сдружаване според Търновската конституция (1879-1912)

Author(s): Alexandra Aytova / Language(s): Bulgarian Publication Year: 0

The freedom of association is not unfamiliar legal construction for the Bulgarian public life. It's foundations were established before the Liberation of Ottoman rule, and it's existence was inevitable mark of Bulgarian culture identity. Although the freedom of association wasn't incorporated in the Russian project of Bulgarian constitution, the father founders managed to validate it as a fundamental freedom. Thus until 1912 the latter showed it's potential and that was one positive aspect for the political and economical development of our state.

Antidiskriminační zákon

Author(s): Martina Štěpánková / Language(s): Czech Publication Year: 0

Jednolity patent europejski - największe współczesne wyzwanie prawa Unii Europejskiej?

Author(s): Żaneta Rzepczyk / Language(s): Polish Publication Year: 0

Mimo wielu podejmowanych prób nie udało się dotychczas ustanowić unijnego patentu. Autorka opisuje historię nieudanych prób i wskazuje przeszkody, które o tym zadecydowały. Charakteryzuje przyjęte rozwiązania częściowe i plany w tym zakresie.

CONFESSION D’UN LITTERATEUR

Author(s): Bohuslav Brezovsky / Language(s): French Publication Year: 0

Il est vrai que le mot littérateur est déjà un peu suranné et, en outre, je sens qu’il a en lui quelque chose de péjoratif. Peut- être parce qu'il désigne un homme qui vit non seulement par la littérature, mais aussi de la littérature — même s’il en vit mal. Le mot de littérateur était encore utilisé couramment par Neruda et Machar, mais nous autres, aujourd'hui, nous optons de préfé­rence pour un terme plus majestueux, par exemple « créateur » ou bien « artiste ».

Faida e vendetta tra consuetudini e riti processuali nell’Europa medievale e moderna. Un approccio antropologico-giuridico

Author(s): Claudio Povolo / Language(s): Italian Publication Year: 0

La messa in discussione della vendetta, intesa come vero e proprio sistema giuridico e culturale che regolamentava l’organizzazione dei conflitti e si poneva come strumento essenziale di controllo sociale, fu un fenomeno di grande portata che interessò gran parte dei paesi europei. Un fenomeno che si rifl esse apertamente sul piano pubblicistico e retorico nell’aperta condanna rivolta nei confronti delle azioni violente che manifestavano palesemente gli aspetti di ritorsione, ma di cui per lo più si evitava esplicitamente di sottolineare il contesto culturale e ideologico che non solo le aveva originate, ma ne costituiva pure il presupposto essenziale.

Introduction: Towns and Cities of the Croatian Middle Ages: Authority and Property

Author(s): Irena Benyovsky Latin / Language(s): English Publication Year: 0

The question of land property has always been an intriguing one for the European historians, especially medievalists, as practices concerning property are complex. Medieval concepts such as (land) property, ownership, and lease do not correspond to our understanding or to the Roman period. In the changed social and economic circumstances of Late Antiquity, ownership gradually lost its absolute meaning. The notion of land possession also changed radically throughout the Middle Ages.

Vznik republiky v Ríme: nelegitímny prevrat alebo legitímne odstránenie tyrana?

Author(s): Peter Vyšný,Marek Prudovič / Language(s): Slovak Publication Year: 0

The paper briefly deals with the process of transformation of the monarchy into a republic in ancient Rome, the key event of which was the expulsion of the last king from Rome. The authors of the article show that this act was not an illegitimate coup or an anti-state crime (high treason), but the removal of a tyrannical king by an aristocracy that was – in her view – legitimate. At the same time, the authors show that the transition from the monarchical to the republican form of government was relatively smooth, while the royal office in the form of two important offices (rex sacrorum, interrex) persisted in the republic.

Urážka prezidenta republiky v meziválečném období

Author(s): Daniel Kadlec / Language(s): Czech Publication Year: 0

The article deals with the § 11 of the Act of the Protection of the Republic, which in the interwar period regulated the criminal offence of the Defamation of President of the Republic. The article discusses the origin and historical sequence of the crime of the Defamation of the Head of State. In the article, the author explains, with the help of case law, some terms from the text of § 11 of the Act of the Protection of the Republic, as well as the meaning of individual paragraphs or facts as a whole. In the article author presents a few very specific cases he found in the collections of the Moravian Provincial Archive.

Velezrada: zákon na ochranu ľudovodemokratickej republiky a súdna prax

Author(s): Miriam Laclavíková,Tomáš Gábriš / Language(s): Slovak Publication Year: 0

The article describes the legal regulation of high treason in the Act for the Protection of the People’s Democratic Republic, and the practice of its judicial application. The authors innovatively place the issue in a broader historical, philosophical (ethical, or axiological) and methodological context. They are inclined to conclude that the real traitors were not the tried defendants. The necessity of such an adjustment was in itself questionable at the philosophical and ideological level. Its necessity was manifested rather on a political and power-repressive levels. At the same time, should we consider human life and human dignity as inviolable values, regulation and practice of the period under review were unacceptable.

Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948

Author(s): Stanislav Polnar / Language(s): Czech Publication Year: 0

Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.