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In this article Sikora examines what role the writing down of the law played for the Philomath Society. She focuses on the process of formulating the law and the norms regulating communication within the group. Basing her analysis on their correspondence, protocols, successive drafts of the law, etc., Sikora suggests that the behavioural formalization constituting the Vilnius students’ secret organization was accomplished principally through a regulation of writing practices. The very process of formulating the law aimed at creating a bureaucratic disciplinal system that would guarantee the founders’ influence. Exploring the contradiction between the Society’s declared values their accepted protocol of communication, Sikora also asks in how far members would have internalized the ambivalence of their protocol.
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This study examines certain elements of the institutional structure surrounding farm stewards in the late 19th and early 20th centuries, especially the ones affecting their struggles for representation. I’m presenting the arguments and conflicts of interest in the farm stewards’ fight for recognition in their own press, within their associations and in national conventions. The divide between trained, or certified stewards and the untrained, practical stewards slowly deepened ever since the middle of the 19th century and turned into an actual split in the group in the final decades of the century. The certified stewards aimed to achieve autonomy and market monopoly, citing their education and similarities to other, already recognised intellectual professions, which in their opinion placed them above their peers without formal training. This essay presents how the struggle for recognition was not only visible in the operation of these institutions but are recognisable in the statistical and normative sources of the era as well. At last, but not least, I’m examining the contents and conception of Article XXVII of 1900, which codified the legal status of farm stewards, using sources from the parliamentary committees preparing the article, and its debate in the House of Representatives. In this segment I’m also presenting how formal and certified education became the basis of market monopoly and recognition by the state in the case of farm stewards.
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This paper analyses the right of inheritance on the feminine line in medieval Transylvania, through the history of a noble family residing in Sântioana, in the Târnava county. The aim of this study is to highlight the practice of inheritance by girls from this noble family with increased attention on the category of goods they acquired, the right to own them, the importance of feminine inheritance for the girls and their descendants and the courts before which the inheritance disputes have been tried.
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The present research is limited only to the crimes under Article 282, paragraph 1, sentence one and two of the Criminal Code - violation or failure to fulfill official duties. The perpetrator can only be an official who belongs to the system and structure of the bodies of power and management in the state apparatus. This person must directly and absolutely meaningfully aim to benefit himself or others, violating imperative legal requirements required by the functions of his position. Executive acts - violation and inaction - related to official duties, must be understood as both divisible and indivisible, and both at the same time. There is a legal paradox that arises from the complexity and phenomenality of reality itself. That is, it is possible to have a breach of duty, also an omission of duty, as well as a breach and omission of duty at the same time. A special case of violation of official duties and failure to fulfill official duties is the case when the perpetrator is a judge. In this way, confidence in the judiciary is violated, legal certainty is ruined, and national security in general is subsequently torpedoed.
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Each person owes a death and someone has to take care of the funeral even when the deceased left some instructions. The same happens in the absence of an express option of the deceased. Starting from the current Romanian legislative solution for the latter situation, the present study aims to analyse the impact of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others v. Romania on the national legal framework that governs the persons who can determine the manner of funeral in the absence of an express option of the deceased. This paper argues the need of legislative intervention in order to secure the same-sex couples’ right to respect for their private and family life by affording them the possibility of legal recognition and protection, including the right to determine the manner of the deceased spouse/partner’s funeral in the absence of an express option of the latter and the right to arrange the funeral, core rights relevant to a couple in a stable and committed relationship.
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The article presents the idea of civic participation as a value, which, due to its positive aspects, is widely desired by society in a democratic state governed by the rule of law. Participation as a value collectively forms an axiological system. In a constitutional state, the axiological system is normatively expressed in the content of the constitution, within which it takes the form of constitutional norms and principles. Civic participation has been adopted into the Constitution of the Republic of Poland in an indirect manner. A holistic interpretation of the Constitution’s provisions allows it to be interpreted from the overarching systemic principles: the principle of the common good (Article 1) the principle of the democratic state of law (Article 2), the principle of the sovereignty of the Nation (Article 4) and the principle of social dialogue (Article 20). Consequently, civic participation as a constitutional value determines how laws are made. The State has an obligation to introduce and strengthen institutions of civic participation. Civic participation based on civil, political and social rights as well as institutions of social solidarity is an element of a democratic state of law and can be a solution to the problems of contemporary democracy.
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The aim of the article is to present the nature of remuneration due to film co-authors and performers on the basis of Art. 70(2)(1) of the Act of February 4, 1994 on copyright and related rights (CRRA). The current wording of the provision does not take into account the realities of the contemporary audiovisual industry and changing habits of audience who give up cinema screenings in favor of VoD. The streaming services also replace usage of films stored on DVD or other carriers. According to Article 18 of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market, the Member Stated shall ensure that where authors and performers license or transfer their exclusive rights for the exploitation of their works or other subject matter, they are entitled to receive appropriate and proportionate remuneration. According to the author of this article, the said article, with respect to coauthors of an audiovisual work should be implemented by extending the scope of Art. 70(2)(1) of the CRRA by introducing an inalienable right to appropriate remuneration for making the work publicly available in such a manner that anyone could access it at a place and time individually selected by them.
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The study is dedicated to one of the main figures in the Roman family and society – mater familias, whose status is still debated today. Some terminological clarifications and various aspects of the concept of mater familias as a wife and as a member of the Roman family are presented.
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The article was inspired by the Pontchartrain Park Pioneers Oral History Project which began in 2019. Ten Pontchartrain Park pioneers who purchased their homes in this middle class, African American community between 1955 and 1965 were interviewed. This innovative oral history project allowed the interviewees to share their unique stories of pursuing the ‘American Dream’ of home ownership, while living in a racially segregated country and city.
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The chilling effect is a real threat to freedom of expression and unfettered public debate. It occurs when, as a result of the conduct of public authorities, an individual decides to refrain from freely exercising his or her rights, even though they have not been formally restricted or taken away. This self-restraint is caused by fear of the negative consequences of freely exercising one’s rights, which leads the individual to calculate whether the action in question, although formally lawful, is cost-effective. Such a fear should be real and therefore at least substantiated by objective factors. The account is less obvious if the renunciation of the exercise of rights is based on a threat that is unreal or vague.In legal discourse, the chilling effect is also identified, not necessarily correctly, in different contexts. First, it is sometimes recognised in cases of pressure by political authorities on independent judges. Second, it is claimed in relations between non-state actors, especially between government-sponsored private agencies that launch smear campaigns against political opponents, or between internet platforms and their users. Such use of the chilling effect doctrine may be intellectually appealing, but ultimately dilutes its meaning.It is much easier to identify a chilling effect when it is assumed to be the consequence of a flaw in the design of a legal provision than when it is alleged to result from acts of application of the law. In the latter case, the concept of chilling effect seems to serve two main purposes: the criticism of bad practices on the part of public actors, and the strengthening of the persuasiveness of judicial decisions that employ the concept. Its usefulness for legal analysis is therefore limited.
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Selection of reviews on high quality student theses on various topics concerning ICT law.
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Throughout history, different methods and instrumental designs have been used to identify and obtain the truth. Some of the methods described in this work are based on myths that have remained over time, but due to this legacy are unlikely to be applied, such as the Osiris judgment. In this study, we analyzed the characteristics of these methods, such as the period in which they were used, their scientific validation, and their passive or active approach according to the literature. Some approaches have established the theoretical foundations for the development of more precise technologies that are currently used, such as the Bisha Bedouin Court System (ordeal by fire), which is based on arousal theory (response). This work also includes innovative applications such as the use of interview techniques to detect deception, which stands out for their wide spectrum of use in different contexts. Finally, we mention elements of investigative interview models and highlight the benefits of using verbal approaches to detect deception.
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The issue of criminal responsibility for the crime of state treason committed during the First World War in the territory of the former Congress Kingdom of Poland was one of the problems which the Polish judicial system faced in the first years after restoring independence in 1918. The present paper is an attempt at demonstrating that in the judicial practice concerning such cases, the Supreme Court did not actually adhere to the laws in effect. The Supreme Court interpreted those laws in an incorrect and sometimes contradictory manner in order to establish the possibility of condemning the persons who were deemed guilty of treason against Poland. In fact, the Supreme Court aimed at satisfying the social sense of justice which demanded responsibility of persons who acted against the interest of the Polish cause in the particularly difficult time of the fight for independence.
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The subject of the research and analysis is the violation of public finance discipline, as provided for in Article 14 (2) of the Act of 17 December 2004 on liability for violation of public finance discipline, which consists of failure to pay health insurance contributions. The paper begins by presenting various interpretations of the concepts of “public finance discipline” and “violation of public finance discipline, which can be a source of multi-threaded considerations due to interpretative differences. The following chapters focus on the legal nature of health insurance contributions, which was important for assessing the features included in the above-mentioned provision. The scope of liability for the discussed violation of public finance discipline was also examined, with particular attention paid to practical issues related to enforcing liability for violation of public finance discipline. The aim of the paper is to evaluate the legal solutions applicable in the subject area and to highlight any areas that raise interpretative doubts. The main research methods used for the study were the doctrinal-legal and analytical research methods. Legal acts and case law were analyzed, and the views of the subject literature were evaluated, with particular emphasis on the achievements of Polish financial law doctrine. The results of the research make it possible to answer questions such as whether the scope of subject and object liability for violation of public finance discipline is systemically consistent with the solutions provided for in other laws, and whether the introduced financial and legal mechanisms are sufficient to minimize the risk to public finance security in the area of health care. It was deemed important to establish how the timely and proper payment of health insurance contributions by obligated entities affects the state of public finances. In financial law doctrine and literature, there is a lack of in-depth research on financial-legal issues related to violation of public finance discipline in the context of non-payment (omission) or payment of an amount lower than that calculated for health insurance contributions. Therefore, research on the aforementioned violation and its relationship to the healthcare system in Poland is considered significant and constitutes a contribution to the development of science.
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