Euro stg rate history

The publisher of the Journal on European History of Law is the STS Science Centre Ltd. The European Society for History of Law closely cooperates with the STS Science Centre Ltd. The journal is published twice a year. It is assigned for law-historians and Romanists that want to share with their colleagues the results of their research in this field.

At the same time, reviews of books with historical themes are being published. You can also find there information about the happenings in the field of law-history. Articles in the journal are published in English or in German, according to the authors wish. The articles must fulfill the criteria written in the guidelines for authors. The executive editor decides on whether to publish the articles and in which order.

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The German Courts-martial and their Cooperation with the Police Organizations during the World War II. The article focuses on the military justice of the Wehrmacht and their investigation organizations.

The armed forces of the Third Reich had command over hundreds of court-martials. These military courts supervise the discipline inside the army. Moreover, they were part of the occupation force of the occupied European territories. Besides the authority over the German soldiers the military judges could also decide on German and foreign civilians. Various police organizations lead investigations for the court-martials of the Wehrmacht: The members of these formations had a bad reputation, because their methods of work were brutal and ruthless.

On demand the German court-martials cooperated also with the German Ordnungspolizei Civil Order Policethe Geheime Staatspolizei Secret State Police and with police organizations of the occupied European nations. During the war the military tribunals operated more radical and they always declared more death sentences. In the end of a new type of military police arose: They consisted of disguised sergeants and officers of the Wehrmacht and the SS.

Part of the Field Hunters were special military courts. But in this case the police had the commanding power over the judges - not vice versa. Towards the end of the war continuously more and more special police and SS units were created, which supervised the area behind the front.

Instead of regular military tribunals these units worked together with flying drumhead trials, which let people be executed in the public. Second World War; Third Reich; military courts; courts-martials; military judges; secret field police. The renunciation of inheritance is a common instrument of the preventive administration of justice. It enables the undivided transfer mortis causa of a greater fortune to a single legal successor.

Also, as a consequence the admission of the renunciation of inheritance declared before the death of the testator has a big social relevance. This article intends to demonstrate the legal political as well as the dogmatic development of the renunciation of inheritance. Renunciation of inheritance; contract of inheritance; inheritance law of the daughters; church as heiress.

At a time of social and political tensions, the Imperial Court of Justice rendered a unique judgment addressing the practice of police forces with a method of identification developed a few years earlier by Alphonse Bertillon, an anthropologist working at the police prefecture in Paris. An analysis of the line of argumentation of the judges shows how this decision extended the use of identification techniques and sheds light on the objective of their activities more than a century ago.

Identification technique; forensic analysis; Imperial Court of Justice; law enforcement; police authority; wrongful conviction. Marta Rodrigues Maffeis Moreira: Medical Responsability in Roman Private Law. Nowadays medical responsibility is a very important issue in private law.

However, Roman Private Law had already been concerned about several aspects of civil responsibility of the medical doctor, pointing out, at times, different, but possible solutions, to a particular issue, which highlights the fact that it is a polemical and complex matter.

The Humanists Legal School developed in the Netherlands in the course of the seventeenth and eighteenth centuries. Mentioning deserves also Hugo Grotius, one of the founding fathers of modern international law. Dutch jurists exercised a significant influence also on legal science all over Europe as well as in a significant number of countries territories outside Europe.

Their greatest achievement was the application of Roman law to modern conditions. In the French Code civil was replaced in Holland by a national civil code entitled Burgerlijk Wetboek.

It basically followed the French model with the exception that it contained the law of property in two books. It was professor Eduard Maurits Meijers who maintained, before and after the Second World War, that a recodification of private law was necessary. After the Second World War E. Meijers got adherence with his idea that a new Civil Code should be made.

In he was entrusted with the revision of the civil code of Meijers managed to publish the draft of four volumes out of the planned total of nine before his death in The new Dutch civil code does not contain, unlike the German Civil code, a general part but the common regulations of property law and the law of obligations are dealt with in separate volumes.

The new Dutch Burgerlijk Wetboek that came i. In the business life, the company is one of the most significant legal instruments for capital collection and conducting trade activity with limited personal liability. The modern company forms have direct antecedents in the medieval laws. The roots of the limited partnership can be recognized in the rules of commenda and the operation of the medieval banking and trading houses had impact on the regulation of modern stock companies.

The study aims to give an overview about the origin and development of the company types in the Middle Ages. Company; societas; commenda; charter company; regulated company; joint stock company; limited liability. In this article, I explore the modernist assumption inherent in discussions of emergency powers, or, the state of exception.

I dwell on some of the modern aspects of the state of exception through an overview of some examples from both pre-modern and modern political theory.

More specifically, I examine the history of the political language of the state of exception. I do so in the context of three influencing and interconnected developments: In doing so, this article contributes to the robust scholarship on emergency powers and the state of exception by combining an historical analysis of pre-modern and early modern primary sources with an institutional contextualization the rise of the state as well as a political theory and legal theory contextualization.

In essence, for the Hobbesian modern state, the potential temporary constitutional dictatorship is part of the regular sovereign power. Within this power, I distinguish between the exception outside the law and the exception within the law, which are in a dialectical relationship.

The exception outside the law, which was the state of exception on which Carl Schmitt wrote, was unimaginable prior to modern times, since it was tied to the modern positivist understanding of law. The paper deals with the concept of national citizenship in Croatia-Slavonia, a land within the Austro-Hungarian Monarchy, during the First World War.

Citizenship is analysed as multidimensional concept that includes status, rights and identity. The research question concerns influence of war on each dimension of citizenship.

Therefore, in the status dimension, analysed are practices of acquisition of citizenship by naturalizations, and practices of loss of citizenship by dismissals and absence. In the dimension of rights analysed are passports and changes in migration regime. In the dimension of identity analysed is the issue of loyalty of citizens. The paper shows that the war significantly influenced all three dimensions of citizenship.

The research bases on relevant literature, legislation and in great part on archival sources available in the Croatian State Archive. Citizenship; Croatia-Slavonia; Austro-Hungarian Monarchy; First World War; naturalization; dismissal; absence; passport; migration; loyalty.

Solidary and Divided Liability of Joint Tortfeasors - with Special Regards to the Provisions of the New Hungarian Civil Code. According to the generally accepted standpoint in the historian and comparative literature, solidary liability should be established restrictively and not generally. The liability for nonperformance of multiparty contractual obligation, just as the contractual liability for damage arising from nonperformance, is solidary, if it explicitly provided so by a clause in the contract.

The new Hungarian Civil code prescribes solidary liability of joint tortfeasors as a general rule, instead of divided liability, where the share of the tortfeasors is determined taking into account their contribution in causing of or their accountability for the damage. Juridification as an Ideology of Polizeiwissenschaft in 18th Century.

The focus of this article is the juridification of the public domain, which took place in Germany in the period of 16thth centuries. Juridification is perceived here as a manifestation of a certain ideology which shrouded, as it does currently, the need for bringing order to the state and the belief that this may be accomplished through the meticulous regulation of the public sphere.

The constantly increasing number of provisions is presented by the public authorities as beneficial to the public good and, per facta concludentia, it is perceived as such by a wide circle of indoctrinated recipients.

Juridifaction; Polizeiwissenschaft; cameralism; ideology; German science; police state; well-ordered state; science of police. Execution of Tax Credits in Rome. From very soon the forced execution of tax debts followed a different path to the rest of debts.

Although we have no news about the details of the application of the manus iniectio, the legis actio per pignoris capionem marks the origin of the executive privilege of the tax credit, which does not seem to have been subjected to the actio iudicati proper of the process per formulas.

The sources, on the other hand, provide detailed information on the application of the singular execution pignus in causa iudicati captum to the levying of tax debts.

Some Thoughts on the Inexistence, Invalidity and Ineffectiveness of Juridical Acts in Roman Law and in its Subsequent Fate. Our study can be considered as a brief contribution to the well-disputed questions of the so-called inexistence, invalidity, and ineffectiveness of legal transactions in Roman law and in its subsequent fate. As a theoretical starting point, we emphasize that there are four levels of ability for producing legal effects: After the Introduction, the problem of inexistence of legal transactions, some questions of the invalidity of legal transactions e.

Finally, our most important conclusions will be summarized. Juridical act; inexistence; invalidity; ineffectiveness; punitive character of invalidity; terminological inconsistency and the great variety of Roman law sources concerning invalidity; nullity and annulment of contracts; convalescentia; conversio; partial invalidity; revocation of will.

This study deals with the dogmatic issues related to the origin and basic economic purpose of the ancient Roman hereditary building lease. It introduces the development of superficies, the process of having a contractual basis then gradually becoming a legal institution belonging to the right in rem during the history of Roman law.

The analysis breaks with the thesis drawing a parallel between superficies and hereditary lease emphyteusiswhich has been prevailing in literature for a long time.

In order to determine the exact content of hereditary building lease first of all it tries to give a clear picture of the causas establishing superficies by the thorough analysis of the relevant primary legal sources. Roman law; hereditary building lease; superficies; inaedificatio; solarium; emphyteusis; economic significance; causas establishing superficies; primary entitlement; right of building use. Sumptuary laws, the legislative measures of the Roman republic and early imperial era, were aiming to restrain extreme and extravagant expenditure via limiting the amount of money spent on feasts, games, funerals, weddings and other social events.

Not much interest is shown in sumptuary laws: As a first step in the detailed research of the topic of sumptuary laws, this paper intends to give an outline of the actual content of these laws, in a chronological order.

Such a primary source-based analyses could serve as the first step towards a better understanding of the Roman concept of limitation of property. Sumptuary laws; leges sumptuariae; property; limitation of property; luxury; extravagance; Gellius; Macrobius.

The morning-gift as an instrument must have been an integral part of the legal system of the era for decades or centuries. In the history of Hungarian law, the instrument of morning-gift existed until the time of the 19th century civil law codification efforts; even during the discussions on the civil law bill debates, its basic form was intended to be eliminated, whereas written morning-gift was wished to be kept.

However, in the second half of the 19th century, it was pointed out that whereas specific sums were favourable in former times, as the given sum was the amount payable to the wife as a minimum, the inflation caused the sums specified in the legislation to be ridiculously low. The History of Hungarian Civil Service from the Austro-Hungarian Compromise of to the First World War.

The Hungarian legislation was able to concentrate its powers on modernizing the organizational system of the state and forming the burgeouis state after the Compromise. In my paper I would like to demonstrate the efforts made in Hungary to create uniform regulation on civil servants at the end of the 19th century and at the beginning of the 20th century based on legal literature and National Assembly transcripts.

Hungary; public administration; civil service; civil servants; National Assembly; Association of civil servants; service pragmatics; pension; appointment. Thoughts on the Special Relationship between Nationalism and Islam in Particular the Late Ottoman Empire and the Early Turkish Republican Era. Due to the strong position of Islam in Turkish context the issue of secularism is the first and foremost significant principle of modern Turkey that has always remained on the national agenda as the most polarizing political problem.

In my opinion Islam in Turkey was never completely abandoned but in fact has been continuously and strategically used in Turkish political life for pragmatic reasons. So there is no exaggeration to say that the secular Turkey's most successful political ideologies, trends contains noticeably Islamic ideas, elements. In this paper the relationship between Turkish nationalism, identity and Islam is examined in the Turkish nationalist debates of the late Ottoman and early Republican era.

I focus only those disputes in which the compatibility between the ideas of Islam, nationalism and modernism is proven. I analyze the two most significant thinkers of the late Ottoman era because they influenced the dominant thinkers of the officially secular Kemalist era which created the ideological basic of the present Turkey.

The Basic Methodology Problems in Study of Medieval Political and Legal Thought. The present article offers the single magisterial view to be found in a Gierke, a Carlyle, or an Ullmann.

Its aim is, rather, to present a conspectus, as comprehensive as is possible within prescribed limits of space, of the present state of historical scholarship in the field surveyed.

Such a conspectus need not be, nor is it here, so neutral as to preclude critical assessment. The judgements of the authors concerned have been brought to bear upon the issues arising in scholarly debate; and since the division between one article and another cannot be absolute and rigid, there is room for differences of emphasis and approach in the handling of topics that are relevant to more than one article. It is hoped that such differences do not amount to contradictions and that their presence may yield a degree of cross-fertilisation rather than confusion.

National Mobilization of Labour Force in Czechoslovakia — The regulated mobilization and distribution of the labour force is a process in which individual workers are allocated to work positions in specific branches or fields of social production in such a way as to enable together the functioning of the overall social work.

After the end of World War II was a labour shortage in Czechoslovakia and of course the Czechoslovak economy focused on the needs of the war. The structure of the labour market the employment rate and distribution of the labour force in individual branches and regions was completely uneven.

The District Labour Protection Offices were established pursuant to the Ordinance No. The compulsory recording of all changes in employment relationships was gradually implemented. A job seeker and also an employer had always the duty to apply to the Labour Protection Office when seeking or offering a job Under Ordinance No. The award prior approval of a competent District Labour Protection Office is the most important requirement to enter into the valid employment relationship apprenticeship.

In Czechoslovakia was in — planned the labour force mobilization based on a voluntary only for some individual areas of the economy. Only after two years the state proceeded to the central planning of the labour force mobilization.

At the turn of the s and s, plan-based labour force management can be divided into reproductive movement of the labour force, recruiting new labour resources from adult citizens capable of work who had not yet been engaged in the work process or redistribution of the labour force placement of workers within sectors.

School graduates represented the largest labour recruitment as for the number of workers. The socialist law knew three major methods of the planned movement of the labour force: Constitutional Conflict as the Basis for American Revolution.

Presented work deals with the issue of unconstitutionality of the Stamp Act, issued by British Parliament in the Authors analyse the primary sources obtained from the Yale University database of Avalon project in context with literature related to the issue in minor extent Czech and primarily English.

Because of the extent of the issue, only one particular colony of the Thirteen was chosen — the colony of Connecticut. The work tries to argue, that there was no formal imperfection of the Act, and so it had to be repealed not because of legal reasons, but because of the reasons presented by a public opinion.

Eva Kell — Sabine Penth Hrsg. Vom Empire zur Restauration. Die Saarregion im Umbruch Estudios de Historia del Derecho penal. Aspekte des Urheberrechts bei Carl Maria von Weber, Albert Lortzing und Otto Nicolai. Zwischen Princeps und Res Publica. Tacitus, Plinius und die senatorische Selbstdarstellung in der Hohen Kaiserzeit.

Christian Fischer — Walter Pauly Hrsg. The French Revolution of is the most important event in modern history. Whilst in Europe the Revolution in the first three and a half years was regarded as a mere change of the competences of the monarchic power. In the field of legislation, the monarchs tried to realize some liberal ideas in order to push back too many revolutionary ideas.

France was given by Napoleon the Code civil In all legislations, political rights were not guaranteed — they referred only to the economic field. In the times of absolute monarchies, political rights had no place. These three codifications were a compromise between the uprising liberal ideas personal freedom, propriety rights, etc. They lasted for centuries. Julius Glaser and the Establishment of Trial by Jury in Liberal Austria. This essay examines the reform in criminal procedure promulgated in under Minister of Justice Julius Glaser.

An aspect of the constitutional reforms associated with the establishment of the dual monarchy of Austria-Hungary, the introduction of trial by jury served to promote a sense of citizenship among the public. Glaser emphasized the centrality of the individual conscience of jurors in determining the verdicts in criminal trials and implicitly applied liberal values in evaluating the proper qualification of a well-developed conscience. The Silent Revolution in Methods of Advocacy in English Courts.

The conduct of prosecutions had also improved. They were generally no longer carried out in a sneering hectoring manner with witnesses mercilessly browbeaten or bullied. Dramatic types of 19th Century advocacy, in which counsel was prepared to use mannerisms, tricks of speech and gestures to heighten the effects of their pleas to juries, was replaced by a conversational and matter of fact tone.

The idea that to cross-examine meant to examine crossly had almost vanished. Appeals to juries were now to reason combined with a controlled, subtle and focused appeal to emotion.

Jury trials in civil cases had continued to decline. Advocacy before judges was concerned with facts and the law, not oratorical flourishes. Fewer criminal trials before juries took place as the jurisdiction of the magistrates had widened further. The more restrained and conversational style of advocacy before criminal juries may have been to some extent influenced by that of the civil courts, where the leaders of the bar appeared more often and increasingly without juries.

Two dominant members of the bar during the first half of the 20th Century were Patrick Hastings and Norman Birkett. Their styles, because of triumphs linked with them, were influential on those of other barristers.

Hastings was a master of direct forcible speech without any embellishments or ornamentation and prized brevity. Roman and Neo-Babylonian Private Law in a Comparative Legal History Perspective. The Neo-Babylonian period is a period that was marked by an outstanding development of Babylonian society.

Of course, the legal phenomenon is marked so, so many examples can be found of this legal development. This period corresponds to almost a thousand years, from the beginning of the first millennium BC. On the other hand, there is a stock of thousands of documents from the Neo-Babylonian period, which have not yet been published in their great majority.

These documents, however, show that it was a question of a legally and economically developed society. To understand this period, it is plausible to analyse the sources in a comparative legal history perspective, specially with the Roman Private Law. Thus, we understand that the concepts and Roman Private Law institutions should be used as a communication element in scientific research in history of ancient law.

Even with losses as the terminological precision, there dogmatists common elements sufficient for such use modern terms, suiting also the economic purpose of these legal forms. Origins of General Concept of Contract in Western European Legal Science 12th through 16th Centuries. The article presents the results of author's research of the origins of the general concept of contract in continental legal science in the Middle Ages and early Modern Times.

This general concept marks one of the key features of the legal style in civil law countries, unknown to Roman jurisprudence, Muslim fiqh or Anglo-American common law. The formation of the general concept of contract proves to be the outcome of several generations of jurists archived through the combination of two models of contract in the medieval ius commune: It is argues that the synthesis of the two models in the 16th century is due to the efforts to reduce the Roman classical law to an art as in the case of the French humanists or to explain every rule of positive contract law through the ideal concepts of natural law and commutative justice as in the case of Spanish legal thinkers.

The representatives of the Spanish late scholasticism Domingo de Soto, Louis de Molina, Leonard Lessius aimed at explaining all the provisions of the positive contract law in the sense of the higher moral and theological principles of natural law, as it was laid out in 'Summa Theologica' by Thomas Aquinas.

The author looks into the relevant works of the French and the Spanish jurists to analyse the definition of contract, its criteria, and to trace their origins in the legal commentaries of the medieval civilians and canonists, as well as in the medieval and antique treatises on moral theology and philosophy.

The analysis allows for critical assessment of the inconsistencies and contradictions of the general concept of contract in the doctrines at the beginning of Modernity. The states on Balkan peninsula received Roman law through the mediation of the Byzantine Empire. The reception of the Byzantine law-books was made easier in the Balkan states by the fact that substantive law was not separated from the law of procedure.

Private law was dealt with in conjunction with financial, criminal, and canon law. Its goal was to harmonize Islamic law with European law, especially with the French Code civil. After gaining independence a code of the law of obligations was promulgated in and another one pertaining to the law of things in The traditions of Roman law they relied on are still there in the more recent and similar codes of and The influence of the German Pandectist School can also be seen in the legal science in Bulgaria.

This paper analyses the issue of suicide in the sources of Roman law, primarily criminal law. In the course of that it will focus on the following key points: In the British Consul of Morocco stated that as part of his government he is around to abolish the slavery permanently, and do everything in order to introduce the suppression of the slave trade measures.

To this statement that was addressed to I. Abdul-Mejid Sultan he replied the next: Such and similar questions lead both to too low and too lofty answers, although the phenomenon is such natural, as the sun rises. The institution of slavery actually existed since time immemorial in the ancient civilizations: Accepted and even supported the Judaism, Christianity, Islam and other world religions.

The institution officially survived in the Ottoman Empire until significantly longer than the transatlantic slave trade. In my essay I study the reason of this phenomenon, especially the slavery traditions of the Ottoman Empire, the religious and secular legal background comparing the most important features to the transatlantic slave trade and slavery.

On the Emergence and Development of the Trust Legal Institution. In the history of law, the English institution of the trust is one of the most original institutions of the private law. A jurist who studies and deals with legal systems based on the traditions of Roman law applies the principle of the numerus clausus of property rights. Therefore, in the theory of civil law, the Anglo-Saxon institution of the trust with split ownership structure appears to be an alien concept.

To understand the unique feature of the equity and the trust institution it is unavoidable to discover the historical background of these. This work aims to provide a comprehensive description of the emergence and development of the trust from the Middle Ages until the 19th century. A New Legal Concept of Twelfth Century Legal Scholarship.

It is said that the dualist interpretation of good faith bona fides clearly distinguishes subjective good faith guter Glaube, goede trouw from objective good faith good faith and fair dealing, Treu und Glauben, redelijkheid en billijkheid. When has this new distinction emerged in the legal history? In this paper it is argued that objective good faith was named by the Glossators of the 12th century, who coined the new legal term of bona fides exuberans. It is not only the emblematic year of beginning of the constitutional monarchy based on separation of powers, popular sovereignty, governmental responsibility and civil liberties, but in general, can be considered as the start year of modern Hungary.

From the point of view of private law, the abolition of seigneurial relationship between landlords and peasants and the abrogation of traditional legal institutions of property and inheritance law hindering the free disposition on goods has to be mentioned.

After the fall of the revolution, the introduction of the Austrian civil law also catalysed the process of modernisation, and finally, afterthe modern Hungarian private law was born, without the adoption of a civil code, strongly based on the jurisdiction of the courts. Hungarian legal history; Hungarian private law; Aviticitas; Restrictions on property; Freedom of property; Legal modernisation in Hungary.

The Theory of the Distribution of Powers and its Practical Implementation, in Particular with Regard to the United States. There are two major forms of the democratical excercise of powers: The entire system of the separation of powers can be can ce classified within the scope of the indirect excercise of democracy, although in a broad sense methods of the direct excercise of the democracy can make up such division of powers, which can be used as a bance against the machine of power structures, which relys too much on the binary code of the government -opposition, and distances itself too far from the people.

Here I would like refer to the legal instrument of the referendums, within which, it is possible to talk about a significant direct excercise of democracy.

Usually that concept named as a synonym of it, nevertheless according to some opinions that is considered to be different from it. The demand of mentioning the constitutional power as a separate factor can be arised after the question of creating the classic branches of power is transferred from theory to practice. Namely when not just scientific foundation but social legitimacy inevitably arise. Hungarian public administration; distribution of powers; constitutional court; other social factors.

Jus Sanguinis — The Basic Principle in Citizenship Law, Comparative Analysis of First Citizenship Law between Visegrad Four and China. Citizenship defines the relationship between the individuals and the government in the modern society. The citizenship law had a long history in the world, in central Europe, Hungary published its first citizenship law in After the independent, Czechoslovakia and Poland had their own citizenship in s.

In China, Qing Dynasty also had its own nationality law in Although, these citizenship laws or nationality laws have some differences because of the different conditions in these countries, i. However, there are still have lots of similarity in these laws, the first and the most important principle similarity is jus sanguinis. Therefore, in this article the author will examine the first citizenship law in Hungary Kingdom, Czechoslovakia and Poland, the first nationality law in Qing Dynasty as well, and make comparison between these citizenship nationality law.

The analysis is realized from the perspective of relevant and contemporary trends in trademark theory and practice. The study respectively reaches the conclusion that when similarities between the two acts are observed, they are mostly a result of the level of development of trademark regulations in the period than of an imitation of the norms of earlier regulation by the later one.

Historical — Legal View of the Freedom of Religion in Republic of Albania. The legal mechanism that provided for the protection of freedom of conscience and religion were envisaged by the first contemporary Albanian state. The first law for religious statutes of Albanian state was the legal statute of religious communities. According to this law, the freedom of conscience and faith was guaranteed. In order to guarantee the freedom of religion, despite constitutional provisions and Criminal Code, other mechanisms are ratified by law by the Albanian parliament including also the Universal Declaration of Human Rights, The Declaration on the elimination of all forms of intolerance and discrimination based on religion or belief, and the Convention for the protection of children.

This paper aims to give a general overview of all the legal mechanisms in Albania that guaranteed freedom of faith during different periods and all the current mechanisms that still do guarantee it and are in force, including a short description of the punishments provided by criminal law in cases of criminal offenses against the freedom of religion.

This general overview is aiming to show the importance of freedom of religion and faith, its development, as it is considered as interdependent and associated with other human rights.

Der Fall des sog. The issue firstly leads a historical analysis about the process of withdrawing from the EU under Article 50 of the Treaty on European Union. In particular, it is to see if there are precedent cases or similar legal figures in other jurisdictions, which can represent an important inspiration in this regard.

It will allow to analyze in detail the specific provisions of art. The argument gives at the same time the opportunity to consider a range of matters connected with the future of the EU as institution. Deutsche Rechtsgeschichte im Kontext Europas. Der Weimarer Landtag Kleinstaatlicher Parlamentarismus zwischen Tradition und Wandel.

Der Kampf gegen die Rechtswissenschaft. Peter Saladin is one of the outstanding scientists in the field of public law at the end of the 20th century. As a professor for constitutional and ecclesiastical law in Bern Switzerlandhe founded a new understanding of the individual rights.

Up to the th they were considered having only a programmatic function without obligation of the state. Saladin required that the legislation be bound by these rights and obliged to realize them through appropriate laws. The second field of Saladins activities was the protection of the environment, for which he engaged since the th.

Saladin is one of the pioneers in the environmental protection for which he dedicated his whole life. In the present dissipated views of scientists in very specialist fields, he kept the overlook over the whole system of the environmental problem.

This pioneer should serve as a guiding figure for the younger generations in all countries. Peter Saladin; protection of the environment; environmental law; environmental science; ethical princips of the protection of the environment; rights of nature and rights of the future generations on the field of environmental protection. In censorship was abolished in Austria.

Due to the new freedom of the press it became possible to insult the emperor in the press. Thus the criminal law had to be adapted to the new situation. In the criminal code of was reformed.

The reform changed the crimes of high treason and lese-majesty and introduced a new crime: This article analyses these crimes in detail. The article investigates how the varying party constellation in the founding parliament influenced constitution-making in the East German federal states after All other context conditions of constitution-making were almost identical.

However, they tended to re-interpret or circumvent the provisions in face of stalemates. Stronger governing parties avoided constitution-making rules but involved other parties to increase legitimation at a low cost.

In sum, the party constellation in parliament determined the formal procedure of constitution-making and deviances from it. Victorian Jury Court Advocacy and Signs of Fundamental Change. Over the last three centuries advocacy in the courts of England and Wales, and other common law countries, has been far from static.

Questions asked often had more to do with a blunderbuss than with a precise forensic weapon. Closing speeches were frequently long and repetitious. Appeals to emotion, and prejudice, usually reaching their peak in the peroration, were often greater than those to reason. The Diety and the Bible were regularly invoked.

Vivid and floral language was employed and poetry liberally put to use to awaken generous sympathies. However signs of change began to appear. Men like Hardinge Giffard, who became Lord Halsbury and Lord Chancellor for a total of eighteen years, John Holker, later to be appointed Attorney General, Charles Russell, a future Lord Chief Justice, and Edward Clarke began to significantly change the style of advocacy.

Their approach was quieter, more learned and less inclined towards violent appeals to emotions, use of florid language and quoting widely from popular verse and literature.

Less concerned with relying on the tricks of the Victorian stage, they also were developing a more dignified and controlled manner in their conduct towards each other and to witnesses. These barristers tended to select the best arguments from their client's case and to drive them home forcefully to jurors, rather than saturate them with rhetorical elaboration of all conceivable points.

They also avoided tiring juries with needless repetition. One of the cases that emerges from the many pages of the Armenian genocide is the case of Soghomon Tehlirian who, on 15 Marchin Berlin, killed Talaat Pasha, the Turkish Prime Minister who was considered responsible of it.

Tehlirian during the trial declared that he was guilty affirming that he acted in order to revenge his spilt-blood and he was acquitted.

The Pleasure of Privacy: Confession and Inquisition as Means to Cause the Correction of Sinful Consciences around the IV Lateran Council. The passage of the public penance to private penance was the loss of the public character of the punishment, but also that the Church lost the control of behavior, because its repression would depend now only of the personal need for forgiveness of each faithful. In addition, under these new circumstances, heterodox forms of profess religion, heresies, which infected the population, and it was linked to the fact that many sexual behavior contrary to Catholic morality extend arise among the population, which already should not purge their sins in public.

This situation pushed the Church to face a new situation: The IV Lateran Council faces the problem from four aspects: The canonical regulation of marriage, in order to exclude attitudes contrary to morality; 3. The creation of chairs of theology, to train priests and these to the faithful, through the preaching; 4.

The establishment of the inquisitorial courts, which will be the punishment for those who do not accept the contrition and the amendment of its life. Our work is focused on this need of cause the voluntary contrition, and the means employed to achieve this. We study the similar evolution of the sacrament of penance and the inquisitorial process, which together with the preaching, involves the exercise of the triple ecclesial Ministry: The Legal Profession is an important limb of the machinery for administration of justice.

Without a well-organized profession of law, the courts would not be in a position to administer justice effectively as the evidence in favour or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court. In contrast with Roman private law, criminal legal regulations — instead of cases — are normative rules principally that have demanded jurisprudential interpretation much less.

Still, in the sources of ancient Roman law we can already find several basic concepts that show surprising similarities with the modern criminal doctrine. Although we can see an absence of abstract definitions serving for the notation of legal cases, the intention to demonstrate the criminal legal mentality of antique jurists — by using these fragments as casuistic illustrations in our study — cannot be regarded as it is for its own sake.

Roman law; criminal law; jurisprudence; delicta privata; crimina publica; modern dogmatics; objective elements; subjective elements; general part; Criminal Code. This contribution continues a previous investigation concerning parallelisms between Anti-Fraud Creditor Protection Laws AFCPL and their socio-economic background lying usually in crises phenomena in different ages and legal regimes. The essay offers three evidences for proving that Mid-Tudor England and Fraudulent Conveyances Act FCA also suit to the comparison: Liquidity Crises; Mid-Tudor England; Fraudulent Conveyances and Transfers; Actio Pauliana; Anti-Fraud Creditor Protection Law AFCPL ; History of AFCPL in England; Frauds beyond Insolvency Processes.

Development Span of the Hungarian Governmental Forms in an International Comparison. The essay compares first the two major historical governmental forms: Following that it shows, how has that evolved in Hungary from one to another, by highlighting its peculiarity, with special attention to the interim eras of the lack of the permanent head of the state.

Thorough description is given about the relevant changes brought by the new Foundation Act regarding the scope of authority and attempts to make a comparison it's exceptional powers to another presidential powers, with special attention to the Central and Eastern European ones. Divorce and Undeserving of Permanent Alimony according to the Practices of the Hungarian Royal Curia. Regarding material issues and according to the resolutions of the Curia, there were three of such conditions; the issue of undeserving, the cases the contract concluded between the parties and documented as a notarial deed would be declared to be against public mores, which specifically appeared as a reason for exemption from the liability of alimony; and the unpropertied status of husbands and the respective obligation of parents to pay maintenance, and the respective options for exemptions from this liability.

Within the framework of this subject, we will only focus on the issue of undeserving. Divorce; Hungarian Royal Curia; Undeserving of Permanent Alimony; Demographic und Marriage; Marriage Customs Prior; Alimony.

The Development of Czechoslovak, Polish and Hungarian Foreign Affairs Administration between the Two World Wars — After the short intruduction to the history of Austro-Hungarian foreign affairs administration the paper focuses on the administrative development of the the Central European countries in the period between the two world wars. The Czechoslovak and Polish foreign affairs administration has formed dominantly on the basis of poliitical emigration and diaspora communities during the first world war.

The Hungarian ministry of foreign affairs was established directly after the end of this war in decemberbut the often changing governments reorganised this organ many times in unquiet The paper deals not only with the central level of foreign administration, but with the structure of the diplomatic and consular missions abroad too. Czechoslovakia and Poland had very good structure of the missions, because they were very active on the field of international relations in this time. These countries played important role inside the League of Nations too.

The Post-Trianon Hungary needed the effective apparates too, but the foreign affairs administration was not very popular this time inside the country and its political life. With the Treaty Psikologi dalam trading forex the European Defence Community in a supranational common European army almost came into existence.

Ahead of its time, the Pleven Plan offered the integration on the military side too soon after World War II. To create a strong foreign policy for the united Europe, it would have needed an army too. The main cause that led to the EDC was the unsettled status of West Germany, the need to resettle it to the European setting, also on the military side, leading to its rearmament.

The fear of the German aggression led France to seek the lesser evil and not rearm West Germany, but create a European military organisation and gain common control over any troops of West Germany. Fascinating thing is that France, the creator of the idea of the EDC was also who brought its downfall.

The Structure and Powers of the Councils of State in the Kingdom of Poland between and Before in the Polish constitutional system there was no such institution as the Council of State. This year marks the establishment of both the first Council of State and the Duchy of Warsaw. The treaties stipulated that the Council of State Conseil d'Etat of the Duchy of Warsaw was a permanent institution performing an ancillary function to a king.

During the existence of the Kingdom of Poland were three Council of State. Their competencies are changed. On the Universalist Heritage in the Codification of Private Law in Poland and Switzerland in the 19th and 20th Century. The objective of this article is to attempt an explanation of the phenomenon which consisted in that in XIX and XX century Switzerland and Poland, whose existing body of legislation prior to the commencement of codification works was similar, took a significantly discrepant direction of developing their legal cultures.

What was the reason for Switzerland, which remained in the sphere of influence of French, and Austrian law, to seek natively Swiss sources of law in the process of legal unification, while Poland, shortly after regaining independence, leaned heavily on norms drawn straight out of the civil codes of Germany, Austria and France and chose to avail itself of the old Polish law only to a very limited extent?

With the use of descriptive and comparative legal method I argue, that despite the obvious differences in the selection of sources, both Poland and Switzerland codified their private law in the universalist spirit. Differences in the national culture and circumstances preceding the codification works did not impede supporting both codifications on pillars of shared principles of private law.

Some of these cases were decided in accordance with the Roman law principle that did not allow to give the default judgement in the event that a party, which did not come to the court, correctly apologized for his or her absence.

Town law of Brno was based on Roman law and it also applies to the case of causa absentia. The Expansion of so-called Reich Citizenship in the Czech Territories during the War Years and its Post-war Consequences. The gradual Nazi German occupation of the territories of pre-war Czechoslovakia, during the years of toresulted in an extraordinarily broad institution of German citizenship in the Czech lands. Approximately 3,pre-war Czechoslovakian citizens, mainly ethnic Germans, attained German citizenship.

During the period of occupation the guiding legal provisions for attainment was based on Nazi ideology. As such, ethnic Germans, who were citizens of Czechoslovakia, became citizens of the Third Reich. Initially, the declaration of this new citizenship by those affected was a marked privilege.

The Fundamental Events within the Development of Central Banking in the Czech Lands. Showing the foundations of central banking in the Austrian empire, the author followed to teknik scalping forex adalah many important legislative measures concerning central banking in Czechoslovakia, Protectorate Bohemia and Moravia, the communist era and the relatively recent regulation of central banking in the Czech Republic.

Aside from underlining the core legislation regulating this area, the author tried to set the respective regulation into broader historical context. Central bank; central banking; Czech national bank; Privileged Austrian national bank; monetary policy. Besondere Arbeitsbedingungen von Frauen im Hinblick auf den Schutz vom Wert der Mutterschaft auf dem Gebiet der Slowakei — Vergangenheit vs.

The study presents historical and legal point of view on the formation of the special legal status of women in the field of labour law and social security law during the 20th century in Slovakia. During this period, special working conditions for women and, in this context, a particular protection of maternity on grounds of non-discrimination approach, the legislator currently uses the term "parenthood" showed a significant, but in jordanie stock market respects cyclic shift.

The study refers especially to developing of the scope of maternity leave, protection of job position, arrangement of night work and restrictions and prohibitions of certain works of women, pregnant women and mothers, which are related to the regulations on health and safety at work.

The author analyses the intention theory and expression theory emerged in the German doctrine of civil law in the first, and second half of the 19th century, and their impact on the European doctrine and codifications of civil law.

They are most relevant in respect of formation of contract, its legal effect and construction. Special attention is accorded to the differentiation between general and special intention theory. The latter, due the methods and standards it proposes, offers applicable solutions to specific issues even today, such as mistake and deceit, simulation, mental reservation, fiduciary transactions trust and contracts, etc.

The author puts special emphasis on the impact of the German intention theory and expression theory on the Serbian doctrine of civil law and legislation. Exclusion of Women from Jury Service in Istria — Upon adopting the institution of jury learn forex home trading simulator English Common Forex trade tracker software, European continental legislation also took the view according to which jury service was reserved exclusively for men.

The exclusion of women from jury service was also adopted by the Austrian legislator who explicitly prescribed male sex among the prerequisites for performing jury service. Legal theorists did not offer any explanation for such a decision. Only with the expressing of demands for the introduction of jury service for women at the beginning of the twentieth century did the opponents of these demands start to express arguments against the idea of female jurors.

This paper will give a brief overview of the legal and social status of women in Istria and their potential impact on the ability to perform jury duty. Emphasis will be placed on showing the reasons and opinions expressed in legal literature, parliamentary debates and the press why women were considered incapable of performing jury service until the collapse of the Stock market and commodities prices Monarchy.

The Flip Side of Freedom. The stance of the Croatian public towards pro-Hungarians and the legal provisions implemented against them, which violated these so much advocated and proclaimed freedoms, are described. Finally, the context in which these violations of freedoms occurred and were justified by the supporters of the Croatian political movement is explained.

Some Reflections on the Delicts of the First Criminal Code of the Republic of Albania. The Code entered into force on January 1,together with the relevant appendixes. With the adoption of the Code, the Albanian state had thus as the main source of the criminal justice its own criminal law, replacing thus once and for all the Turkish Criminal Code of This was the first Criminal Code of the period of post—independence of Albania.

In this paper work will be taken into analysis the Code and the way offences were qualified, including: For weach group of these offenses, will be taken into analysis the objective and subjective side of the offences, as well as the sanctiones provided by the code. This paper aims to show that the Criminal Code of was a positive effort to bring the Western experience of the time in our country, in the legal field, which back then was still under the dictate of the Ottoman laws.

The Evolution of Russian Housing Law during the 20th Century. This article deals with the process of establishing and the evolution of housing law as a branch of the Russian legal system. Different legal positions regarding the nature of housing law are reviewed and analyzed, the stages of development of housing law are proposed, and a conclusion is made as to the place of housing law within the Russian legal system.

The formation of housing law in Russia substantially differs from the formation of housing law in the legal systems of other countries. Such distinctions and specificity in the evolution of housing law were predetermined by the historic features of development of the Russian state. The author of the article identifies three distinctive chronological periods in the formation of housing law in Russia: Substantiated conclusions are made that housing law in contemporary Russia exists as an independent, complex branch of the Russian legal system, and constitutes sbi dollar buying rate india sub-branch of the Russian civil law.

Oleksandr Gavrylenko, Oksana Skryl: Legal Regulation of Civil Contracts in Ancient City-States of the Black Sea Northern Coast. The paper pays attention to the fact that in every society an obligation can perform various functions. But their main area is property turnover, as obligations are among the principal legal measures that mediate trade turnover of any market society. The agreement between parties was considered the basis of contacts.

Major contracts were concluded in writing, as a rule. Some of them, such as Chersonese contract for the sale and lease of public lands ies. It has been noted that the system of contracts in the antique states of the Forex trending pairs Black Sea was quite simple.

The most common contracts were those of sharing exchangesale and purchase, donation. Agreements of individual employment, by contract, hire, and loan were often concluded. In the ancient states how to win in binary option forex no deposit the Northern Black Sea coast, as well as in metropolitan, such debt measures as synhrafs and hirohrafs were widely practiced.

In ancient states of the Northern Black Sea there were facts about the cancellation of debt, both private and public. In Olbia, this measure was taken during the siege by Alexander Macedonian army — Zopyrion in B. Sources indicate that there was a sufficiently developed system of rules of obligatory law that existed in the ancient states of Northern Black Sea. Contract law became the most detailed study, the foundations of which were common to most Hellenic city-states.

Similarly to other Hellenic states, legal regulation of contracts in the ancient states of the Northern Black Sea was carried out primarily through discretionary rules, i. Specific character of contracts was only caused specific historical circumstances evolved in a particular region in the period. Allerlei Rechtsgeschichten - von Hammurabi bis zum Code civil.

Ein Blick auf die Schriftenreihe des Rechtshistorischen Museums Karlsruhe. The Second Formation of Islamic Law. The Hanafi School in the Early Modern Ottoman Empire. Wilfried Hartman, Kenneth Pennington: The History of Byzantine and Eastern Canon Law to Constitutional justice and its competences johannesburg stock exchange holidays the political powers have been discussed since the 19th century in in Europe.

Who controls the laws? A court or the legislative itself? In fact the idea that a court might tell the legislation what the constitution and the law is so the Supreme Court of the US was completely new. Where did this belief in the impartiality of a court come from? Not from historical facts, but from hopes in a neutral power. Day and night, so the sources tell, the German King Konrad II.

This idea is contrary to the thinking in many states, which do not want its parliaments controlled by a court. The military criminal procedure rules in Austria dating back to were quite old-fashioned by There were many attempts to reform criminal procedure after However it was not clear whether the emperor himself or the parliaments were competent to enact new rules.

This article examines the arguments for both views. This essay analyses the legal background of the blood libel process taken place in It also gives an overview on the norms of Hungarian criminal process of that era and their prevail in the are binary options legitimate 777. The paper examines each process phase, including the important momenta of the investigation, examination, accusation and the court litigation.

It also follows the theoretical and practical deficiencies of the process. Furthermore, the paper searches for reasons that led to the ritual blood libel of medieval heritage in Hungary of stock market for beginners pdf civil era. Statutory Regulation of Capital Punishment in Hungary during the Horthy Era and World War II.

The present paper deals with the history of the normative trading 247 binary options pro signals review concerning capital punishment in Hungary between —, that is, during the Horthy era.

Forex autopilot system robot free download after the end of the Soviet Republic of Of winning binary options strategy, in Augustthe best stock remington 700 sps tactical system of the Hungarian Kingdom was reinstated.

Capital punishment, however, remained general penalty not only in the military criminal procedure, but in the ordinary one as well. Besides these, from time to time, numerous martial law statutes stipulated that the death penalty could be applied in cases of various criminal offences, both in peacetime mainly inand — and, particularly, wartime. The implementation of capital punishment, however, culminated in and when that is, in the end of the statehood of Hungary collapsed.

The Institutional Framework and Methods of the Implementation of Soviet Legal Ideas in the Czechoslovakia and Hungary during Stalinism. The main topics of paper are the institutional framework and methods of the implementation of Soviet legal ideas and solutions during Stalinism The paper concentrates on the situation in Czechoslovakia and Hungary. Among these instruments played dominant role the legal faculties in Budapest and Prague with their departments of Soviet law, further the ministries of justice with their legal institutes and the academic journals of affected countries.

Final part of paper describes the process of constitution-making in Czechoslovakia and Hungary General and Legal Meaning of Civil Society in Hungary from the Beginning till This essay tries to show examples from the history of civil society in Hungary so we could point out some of the general and long-lasting tendencies of the sector. One of the most durable tendencies was the occasional, incoherent nature of the all time regulations: The Reception of the French Commercial Law on the Polish Lands in the First Half of the 19th Century.

The French Commercial Code of Code de commerce was in force on the Polish lands for years and originated the functioning of the commercial law in Poland as a separate field, giving birth to many institutions connected therewith. Despite its obvious flaws, it enabled then a step forward in business relations, contrary to the Russian law, even if its potential was partly wasted. The adoption of the French commercial law in the Duchy, however, happened in a specific way.

Compared to other acts, it did not arouse too much interest, which was de facto a natural consequence of the contemporary political and social circumstances. Undoubtedly, the character of the reception cast a shadow on the whole period of the presence of the code on the Polish lands. The article provides detailed analysis of the circumstances connected with its introduction.

Rechtliche und organisatorische Grundlagen des Funktionierens der Arbeitslager in Polen in den Jahren — After the end of WW2, numerous labor and detention camps were set up in Poland, whose purpose was mainly aiming at the resettlement of Germans. In the Census list, there were Polish citizens and locals who had been detained from the recovered areas.

These bearings were reached by Soviet troops NKVDthe local Polish authorities and in particular by the Ministry of public Security. A special group was formed by camps for forced labor at the service of the coal industry Administration.

In all the forced labor camps, the inmates were subjected to repression, which also led to deaths among them. There were also the extremely poor living conditions, the chaos in organizing the matters, the falty approval of the stock orders, and the acceptance of retaliation against the Germans and their own "traitors of the Nation". This led to the gradual dissolution of the camp, including the resettlement of Germans, the control of the local population, the economic fiasco of the company and the international context.

The end of the World War II meant change of the borders of Polish state. Under the Treaty on Polish — Soviet state border of 16th August Poland lost to Soviet Union the area between a line marked by the Treaty of Riga and so called the Curzon Line.

A major problem after joining the Polish former German territories was the economic degradation of these lands. The article was devoted to the norms of criminal law concerning protection of the post-German property on the so -called Recovered Territories. The early years of Solidarity saw the formulation of a social reform programme that laid foundations for political transformations.

The judiciary was a very important sphere of the state functioning that required major reforms. The creation of a fully independent and self-governing judiciary model has become one of the primary purposes of Solidarity. The concepts of reforms in this area, developed by Solidarity inare presented in the article from the perspective of state archival sources and labour union documents. The Polish justice system has been operating until this day on the basis of these concepts; some of the proposed solutions, however, have never been brought to life and may constitute comparative legal material for further discussion about the judiciary system.

Attempts to Unify and Codify Private Law during forex overnight strategy Period of the Inter-war Czechoslovak Republic. On the basis of the received law, Act no. The most important task of the state administration was the fastest possible unification of the two received legal systems which established, de facto, a new Czechoslovak path of exile trading system update. The unification realized by means of codification in the field of private law had a particular importance, where, on the one hand, there was applied the ABGB, and, on the other hand, in Slovakia and Carpathian Ruthenia how to make money leis with candy was applied the customary law, being constantly improved by the judicial practice, how to get quick money in aqw decisions of the Curia and partial legislation were also applicable.

The purpose of the present study is to briefly and, if possible, the most concisely determine the main lines and the main issues of unification and codification of the private law in the inter-war Czechoslovak Republic while taking into account the formal diversity of the received laws ABGB versus legal customs and decisions of the Curia, i.

Selected Aspects of the Creation and Development of the Rules of International Law for the Prosecution of War Criminals. The purpose of this contribution is to present the progressive development of international legal standards of prosecution of war crimes and those who committed them within the first half of the twentieth century. In this period also international law had to respond inevitably to the two global conflicts marked by the crimes against humanity and war aggression.

We focus on the dominant questions of the legal regulations of warfare, war crimes in international treaties. Emphasis was put on concrete examples from legal history that contributed to advancing the issue in international forum. Essential role was played by proficient lawyers whose names are indelibly imprinted in legal history. This article commemorates the th anniversary of the Great Charter Magna Carta by reviewing the its study in Russia during the late imperial, soviet and contemporary periods.

First, it gives an overview simple trend trading system dean saunders the key publications and their topics arranged chronologically, second, it examines the interpretative paradigms, third, it presents the results of interpreting Magna Carta as a historic al document and as a myth in legal history.

It is shown that the distinction between the historians' and the lawyers' interpretation of Magna Carta has not been clearly drawn in the past, and even today it is contingent upon the dominant ideology embraced euro stg rate history the researchers. Magna Carta; Russian legal science; liberal interpretation; Marxist interpretation; reception of liberal values; human rights; rule of law; constitutionalism.

The Funds for the Execution of Obligations Contract according to the Albanian Customary Law. In this paperwork will be laid for discussion the question which constitutes even the fundamental issue of this paperwork: What was the meaning and their role in relation to other norms of civil nature in the Canon?

The main sources of Albanian customary law were: Canon of Lek Dukagjin, Canon of Skanderbeg, Canon of Dibra, Canon of Benda, and Canon of Laberia. In this paper will be analyzed those means sanctioned in the Canons applied in Albanian territories and used to ensure the fulfillment of obligations in civil relationships.

The Albanian customary law provided that obligations were executed voluntarily and precisely. Stock market bookstore meant that, in general, the obligations arising from a contractual relationship, were executed and fulfilled on time, in the manner specified literally in the contract, and in the right quality, even though the main form of concluding a contract at that time was the verbal one.

The main tools for the execution of obligations under the Albanian customary law were: In this paper will be taken into analysis the provisions about these tools in the Canon of Lek Dukagjin, Canon of Skanderbeg, Canon of Dibra, Canon of Benda, and in the Canon of Laberia. Treasure Trove in Roman Law, in Legal History, and in Modern Legal Systems. In our study, the problems of regulation concerning treasure trove in Roman law and in its subsequent fate have been investigated.

First of all, the Roman law make money in jacksonville fl of treasure trove have been analysed with special regard to the famous text from Paul D. After research in the sources and literature of Roman law, the subsequent fate of treasure trove systems needed to be scrutinised.

Therefore, the different treasure trove systems in the Medieval, as well as in the modern age, and in some modern legal systems have been closely examined. In this respect, the regulations of some modern civil codes were analysed. The constitution of the so-called annona -system is to be highlighted with an outstanding importance among the substantial changes. In this system a particular provincial unit supplied and remunerated directly the officials as well as the army stationed at its territory.

During the reorganization, associated with the new system, the annona militaris tax became the main tax of the provincial population. During the Severan era, this type of taxation meant the compulsory delivery of agricultural crops and it was imposed on the population in extraordinary cases. This unofficial tax in-kind assured the maintenance and nutrition of the army.

The ad hoc obligation and occasional practice of the compulsory delivery was formalized and organized systematically by Diocletian, his reforms developed it into an imperial-wide administration and funding system. As an important element of the changes in connection with the reforms, the annona i. It should be pointed out, that during the 2nd and 3rd centuries the annona militaris had not served the logistic needs of the garrison troops stationed in the territories inhabited by the tax payer population yet, but the provision and maintenance of the field armies that had left their military bases for taking part in military operations.

The annona militarisby its nature still fulfilled the function of the general military supplies. The mobile field forces mobilized for the duration of campaigns continued to receive in addition to the kind benefits also the military supplies i. Due to the nature of the new type of service pay, the payment of the annona was occasionally hampered. There was a possibility of converting in-kind benefits into cash payment replacing the annonaria species with its cash-equivalent valueespecially in case of shortage of goods, spoilage of the produce or even in case of delays in receiving in-kind benefits.

Converting in-kind benefits into cash adaeratio annonae was possible only in special cases justified by exceptional, i. Executing it generally and systematically was prohibited. Interesting as it may be, there are some instances in contemporary Romanistic, when a certain regula is considered by secondary literature as if it were a rule of general application, consequently those not versed deeply enough in Roman law, might as well deem that such a rule could enjoy an overall usage, that is independently from time and place.

One amongst these regulae is presented by Paul in the Digest Paul. In contrast to this widely cited text, it is likewise interesting to have recourse to a case, where Ulpian reports about an imperial rescript related to the admission of the application of SC Plancianum cf. In this text, another famous, and extensively quoted wording appears, namely the expression mulieris portio. The scrutiny of the aforesaid particular case and its secondary literature, as well as its legislative echoes may lead to a layered examination of the above phrase, as well as a more nuanced understanding of the stance of the foetus in Roman law.

Forced labour in the mines was often inflicted as a punishment in imperial Rome. What was the position of this penalty in the Roman penal system? What different degrees of this punishment were there? Who were condemned to the mines? What procedural rules had to be observed when this punishment was inflicted? What were the legal consequences of the condemnation? What was the legal position of the children of the convicted women?

What were online forex online trading in india legal living conditions in the mines? What do we know about the period of this penalty? What happened if a convict received a pardon? The paper tries to answer these questions on the basis of the primary sources.

This contribution investigates certain parallelisms between laws and socio-economic settings of laws in two entirely different ages and legal regimes. Therefore courts of higher instance felt themselves being obliged for finding a righteous answer to these problematic questions being emerged just in these days. Liquidity Crises; Roman Republic; Actio Pauliana; Fraudulent Conveyances; Fraudulent Transfers; Post-Lehman Crisis; Mortgage Home Loans Accounted in Foreign Currency; Comparative Law; Civil Roman Law; Hungarian Private and Bankruptcy Law.

Sport competitions were soon in the ancient world, an important social and cultural element. Many sportsmen in the Roman Empire are dedicated at it as a professional wayathletes enjoyed great social recognition and obtainedin case of triumph, great benefits.

To finance the dedication of the athletes was used the contractual figure mutuum, money- loan, with the agreement that the borrower should return only the amount of the capital and elevated interests, case victory, assuming the banker the risk of losing. Most historians have judged the consequences of these efforts to be largely transitory. These lawsuits were intended to be more than simple attempts to embarrass the government of George III or crass efforts to extract a bit of financial retribution forex macd histogram trading the excesses of government functionaries.

John Wilkes; John Locke; seizure of papers; general warrants; privacy; individual rights; personal autonomy; seditious libel; self-incrimination. Marxism in the West Thought Interpretation of Law in Postwar Period.

Until now, all of the diverse and valuable contributions to the Marxist theory of law have been scattered across the academic landscape. The article is a most timely overview of the theory of law. It brings together a vision of the classical tradition before attending to a comprehensive survey of recent contributions to what has become an increasingly diversified field.

It lays the basis for a earnest money warther engagement between these different strands. The author hopes that this article can contribute to building a truly interdisciplinary approach to the analysis of law in its varied manifestations by having clarified, and thereby uncovered the value of, the disciplinary contours of law. In this paper we trying to draw attention to the problem of the concept oh "truth".

Nowadays, however, bothers us deep skepticism abaout the possibility of its recognition. Philosophers for centuries tried to formulate various definitions and conceptions truths and truthfulness. These conceptions and definitions, rooted in own epistemology, lose the solid theory of cognition, more and more are escaping into problems of the meaning, sense, the nature of the judgment, and also language. It isn't possible to say that we have the truth, but also this state of affairs doesn't mean that we have the licence of creating the truth for instance for needs of sociotechnical steering the society.

Work from home jobs newcastle upon tyne in the intuitions of truth, the focus is now only on its usefulness. Is this a good way? Aus den deutschen diplomatischen Akten von bis Ius pontificium cum iure civili coniunctum. Das Recht der Arrogation in klassischer Zeit.

The Production of Public Order in an Ancient Community. Scholars have argued that Athens was stateless. Specifically, it is has been stock market vs real estate investing that residents in classical Athens relied predominantly on themselves and neighbors in resisting criminals who sought to forcefully take their property. This is rather a surprising proposition since Athens was a rather large and diverse city with a well articulated division of labor and occupational specialization.

The present paper begins by advancing a functional definition of 'state' as an organization firm specializing in the production of protection from and punishment of criminals.

Then the paper theorizes about the origin, division, and demise of states and applies this reasoning to Athens. This is followed by an examination of evidence, how much money does a greyhound bus driver make speeches delivered by Attic orators for various public occasions, political meetings, and law-courts.

These texts preserve many details concerning how Athens actually dealt with property crime. The main finding is that if, as been suggested by some scholars, Athens was a 'remarkably peaceful and well-ordered society' then the explanation lies not in an unusually peaceful outlook of its residents or in their reliance on self-help and social pressures to deter criminal activity, but in reliance on harsh penalties and the provision of enforcement resources by the Athenian state.

The Maintenance of Orderly Disorder: Modernity, Markets and the Indicateur rvi forex Process. A Mosaic of Controls: The Plurality of Order Maintenance Mechanisms in 16th Century Paris. How was public order maintained in a giant city in the early modern period? Crime and Justice in Georgian Cheshire. The Chester Court of Great Sessions, The criminal justice system of Georgian England and Wales has generated a great deal of interest from historians of crime for several decades.

To date, however, the majority of research has focused 10 best penny stocks buy the south east of England and, in particular, The Old Bombay stock exchange building architect. Consequently, outside of a growing body of work on the Courts of Great Sessions in Wales, there has been little work focusing on the operation of justice in the north of England during the period.

This article aims to contribute towards a refocusing of the historiography towards the north of England by presenting a quantitative analysis of the administration of justice how to get unlimited money on euro truck simulator Georgian Cheshire, focusing on the operation of the Chester Court of Great Sessions between and its abolishment in The article will argue that analysis of the Chester Court of Great Sessions reveals a system in which, if the accused was successfully indicted, he or she faced a strong likelihood of being found guilty.

Setting indicators on the zigzag hour timeframe binary options than likely, they would have been indicted for a property offence, most commonly larceny, for which meaning of speculation in stock market would receive a brief period of imprisonment.

The sex of the accused would appear not to sell short options trading by alexander elder influenced the verdict of the jury, although it would appear to have impacted on the severity of sentence passed.

Crucially, if they were a woman and had been convicted of any other crime than murder then it was highly unlikely that, even if capitally convicted, that they would die on the gallows. Men, in contrast, could find themselves on the gallows after being convicted of a far wider range of offences. Extraterritoriality and the British Consular Court System in Japan. This essay will examine the development forex meta trader imposition of the system of extraterritoriality imposed in East Asia scalping forex for a living Western imperial powers, especially Great Britain, during the mid-nineteenth century with a specific focus on the trial of Michael Moss at a British consular court in Japan.

British Empire; consular courts; extraterritoriality; informal empire; institutional imperialism; Japan; Ottoman Empire; Qing Dynasty; Rutherford Alcock. Maintaining Law and Order in a Democratic and Pillarised Country: The gendarmerie is a national armed force entrusted with judicial, administrative and military police missions. Consequently, gendarmes make money farming gold deeply linked with the political ideology of the State and the Nation they serve.

During this period, Belgium defined itself as a democratic and pillarised country. The country was successively characterised by a period of reconstruction marked by deep economic and social progress, followed by an economic crisis, which was aggravated when parliamentary democracy was jeopardised. After the Second World War, it was necessary to rebuild the State, to deal with the Collaboration and with the Royal Question.

In Augustthe devolved Stormont administration in Northern Ireland introduced internment without trial stock & forex trading journal those suspected of involvement in IRA terrorism.

Ever since, the policy has been regarded as an abject failure. This article will reassess many of the key questions about internment: Why did the Westminster government agree to a measure without parallel in British peacetime history? Why did it fail, when it had worked before?

Was internment always doomed, or only because it was badly implemented? What was the alternative? How does the liberal democratic state defend itself against violent subversion without itself resorting to brutality and violence?

This article is based on archival research in Great Britain, Northern Ireland and the Republic of Ireland, and on interviews with former internees, politicians and civil servants, and former members of the security forces.

British Pound (GBP) to Euro (EUR) exchange rate history

It suggests that internment was a relatively humane and honest policy and might, in different circumstances, have spared Northern Ireland thirty years of murder and mayhem.

The views of the masses, particularly their objection to controversy and ideology, meant that studio moguls had to respect the line laid down by them or else lose their profits. In short, Hollywood was controlled by the masses, not vice-versa.

Communism; dictatorship; Disney; Holocaust, Hollywood; ideology; Jews; Nazism; Red Scare; Vietnam. The Nomenclature of the Undeserving Poor: Since the formulation of the Poor Law system in Britain, elements of the poor have been caricatured through the creation of labels which have been used to signify the perceived troublesome nature of some of the neediest in society. In a contemporary sense, the term 'underclass' is often used as a byword for the problem poor, yet such a discourse has its origins in earlier accounts of the poor.

Particularly since the nineteenth century Poor Law revisions, the process of identifying groups based on their burden to society, the threat they pose to social order, and even the possibility for them to infect the nation's gene pool, has been highly notable and indeed recurrent.

Demands for intervention have followed. Such intervention has transcended individual policy domains, where criminal justice mechanisms have operated alongside welfare reforms, and indeed health and education policies, in the pursuit of dealing with such problem populations or undeserving poor. The origins of the various labels applied to daily currency predictions underserving poor have been promote deposit binary options rooted in political and cultural discourses, often related to media and policy practices, and these processes have served to mutually reinforce one another.

By charting the emergence of the labels applied to the poor, their wider context and the discourses they reflect, this paper demonstrates the enduring desire within British society to marginalise elements of the most needy, and thus, how such processes are reflected in more recent discourses of the poor. Back to the Future: Neoliberalism as Social and Political Regression.

From the perspective of the current regime of neoliberal government the period of the welfare state appears as something of an exception to the continuity of forms of social policy stretching back to the nineteenth century.

It will be argued that a focus on some aspects of the relationship between crime control, social policy and the state illustrates these continuities and enables the issues involved in future policy developments to be more clearly grasped. Bob Jeffery - Waqas Tufail - Will Jackson: How to get unlimited money on wwe smackdown vs raw 2016 and the Reproduction of Local Social Order: In light of increasing concerns in relation to police accountability, this article reviews the history of public order policing for one large provincial force Greater Manchester Police.

Explaining our misgivings about those narratives that discern a trend towards 'negotiation' and 'facilitation' between protestors and the police, we outline a critical framework for the analysis of incentive stock options investopedia practice.

This account is centred upon an understanding of the development of policing as the cornerstone where to buy stocks and shares in the philippines the fabrication of bourgeois social order, but stresses that this is mediated through its formal subservience to the rule of law, conflicting priorities and binary options demo account russia need to establish 'patterns of accommodation' with the populations that are to be policed.

All of this makes for the reproduction of 'local social orders', influenced by particular urban political contexts, as well as wider cultural currents. This article suggests that this is clearly evident in the facts surrounding the four major riots, and numerous other public order policing engagements, that mark the history of this particular provincial force.

Zwischen Sisyphos und Herakles: Band III Teil 1: Das griechische Recht in seinem kulturhistorischen Umfeld — Beispiele aus Dichtung, Geschichtsschreibung, Philosophie und Kautelar - Jurisprudenz. Entstehung und Entwicklung moderner Verfassungsstaatlichkeit — Von Justinian zum BGB. Autonomieund Rechtstransfer im Donau- und Karpatenraum. They claimed civil rights and independence from the ruling monarchies. These alliances, althought of strictly upholding the monarchic structures of these states, blocked democratic movements for many years, but was able to keep peace in Europe for almost 60 years.

Vienna-convention ; Holy Alliance ; German Federation Deutscher Bund easiest way to make money in rs p2p Europe under dynastic rulers; national-democratic movements. The self-government, the basis of municipal constitution, was established in Austria after the revolutionary events of in the early constitutional movement.

The reorganisation of the municipalities based on the principle of municipal autonomy, liberty and democracy.

The gradual reduction of local administrative autonomy is in the focus of research. Habsburg Empire; Austria; constitutional and administrative law; rural municipality, municipal self-government, development of municipality law; For this purpose, the ordinary court procedure is compared with arbitration proceedings.

In particular, the article compares the selection of judges and arbitrators, the choice of the place of proceedings, confidentiality, the influence of the magistrates, the possibility of future index marketwatch stock trade and the enforcement of decisions.

The selection of arbitrators was not a main reason for choosing arbitration, because also in ordinary proceedings judges could usually be agreed on by the parties. However, the determination of the respective number of arbitrators could have been a reason for concluding arbitration agreements.

Further, the free choice of the place of arbitration and the higher degree of confidentiality could have been in favour of arbitration. Also the reduced influence of the magistrates on the proceedings might have influenced the choice of arbitration.

In addition, the determination of the matter in dispute and the larger discretion of the arbitrator could have played a role in certain proceedings. Most likely also the fact was important that arbitral awards could not be appealed and could be enforced quite effectively in comparison with regular judgments.

The Early Historical Influences on Separation of Property in English Law. It is curious that a community of property regime has never developed between the spouses in England and Wales, as it has in continental Europe. This paper seeks to examine the historical factors which have influenced the development of separation of property in England and Wales.

The approach taken to the issue is a comparative one, with the region of northern France and in particular Normandy being chosen as the comparator for several reasons, namely, because of the political connection of parts of northern France with England during the High Middle Ages, the fact that customary law operated in both legal systems and finally both systems were subject to Germanic influence in the early medieval period.

The paper how to get money on euro truck simulator 2 without cheat engine whether there is evidence for community of property in the early Germanic codes, the role of the morning gift and dower, and development in the pays de droit coutumier in the early Middle Ages. There is clear evidence that community did not develop in Normandy during this period, and that it did not exist in England and Wales, and the paper suggests this may be more than coincidence.

The Strasbourg Convention on Single Nationality Movement: Since then, the single nationality principle has been formally accepted in its legal and judicial institutions. This principle remains unchanged in Germany up to how do you give your baby up for adoption on sims 3 twenty-first century, even though other Ludacris money maker ft.

pharrell download mp3 states are converging upon a new principle that is more tolerant on the issue of dual nationality. This article examines the history of economic thought and cross-border agreements in Europe. The work of how to use joptionpane.showmessagedialog in jsp scholars such as Adam Smith and David Ricardo provides an insight into the benefits of trade.

The first cross-border agreements on economic issues mainly relate to trade. Early cross-border agreements failed to establish economic cooperation between the countries of Europe. In contrast to the pre-Second World War agreements that failed to maintain peace, the post-Second World War cross-border agreements established peace, perhaps through this economic cooperation and interdependence.

Economic thought; History of Europe; Cross-border agreements; Trade; Economic laws; Mount sterling cattle market economics; Enlightenment; Fundamental laws; International treaties. The Castilian Resistance to the Imperial Ideal Factum and Iure in the first Globalization. The Comunero Revolution of in Castile, was the most dangerous upheaval in the Habsburg states until then, it was a strike to the Burgundian way of government that King Charles had introduced and it was the last time Castile and Leon saw a general uprising against Royal supremacy.

Afterwards, in the Iberian Peninsula Absolutism will not be questioned until the revolt of Catalonia and Portugal in How did it happen and why? Which were the claims of the Junta of Castile, and who were its opponents? We will try to answer briefly these and other questions, as well as the ideological support of the Comuneros against the Empire and their justified fears of joining the Imperial project of the House of Habsburg.

Also the legitimate monarch, Queen Juana, Charles mother, was alive and the King had shown little interest to visit her and hear her voice. And last but not least the King had shown several times his wish to dismantle the domains of Castilian Crown. The discovery of the Aztec Empire partially changed such attitude but what is clear is that many of the Comunero demands were attended after the rebellion of Responses in Hungarian Constitutional Theory to the so-called anti-Jewish Laws During the discussion of anti-Jewish laws in Hungary afterrelevant in terms of constitutional law, were raised.

These included the interpretation of the legal equality of citizens, racist attitudes seeping into Hungarian law, and the question of constitutionality of anti-Jewish laws.

Representatives of Hungarian constitutional theory were divided over the ant-Jewish laws. Vilmos Szontagh and Albert Kaas, on the other hand, went practically as far as accepting discriminative constitutional legitimation, in as much as they harmonized anti-Jewish laws with the changed of view of constitution and they regarded the limitation of legal equality as acceptable with reference to the public good.

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Jewish question; anti-Jewish legislation; discrimination; Hungary ; World War II; legal equality of citizens; constitutional theory. Die Geschichte der Verwaltungsgerichtsbarkeit in Ungarn und die internationalen Modelle The History of the Hungarian Jurisdiction of Public Administration and the Relating International Models.

The paper is concerned with the circumstances of the establishment of the legal protection in the Hungarian public administration in the 19th century. As part of that, it concentrates on what foreign impacts, contemporary Western models had influence on the Hungarian legislation. The author analyses the clear-defined characteristics of the English, French and German systems and their impact on Hungary.

The ground thesis of the essay is that the Hungarian jurisdiction of public administration with limited competence did not adapt to neither of the models. The Hungarian contemporary political elite namely did not wish for the substantive abridgement of the executive power by the court. The self-defense in the Tripartitum and the European ius commune. In this paper the author intended to elucidate the origin of the doctrine contained in the Tripartitum on self-defence.

As it is shown, there is no reason to discriminate between the Prologue and the other parts of the Tripartitum, as old Hungarian legal Historians did so. Important citations from the ius commune, from Bartolus and Baldus, were incorporated not only in the Prologue, but also in the three other parts of the Tripartitum.

We have shown that the doctrine of the self-defence derived from the ius commune was incorporated in the third Part of the Tripartitum, and these legal ideas from the learned law had a huge importance in the everyday legal practice, they were not a display of legal knowledge and learning.

The Appearance of General Principles of Law in the Historical State Administration Procedures in Hungary during the Socialist Era. The real significance of the basic principles is that they provide points of reference for legislative regulations, and, on the other hand, they facilitate the adequate enforcement of the relevant legislations as well as the interpretations of laws.

In this study, I wish to present when and why the basic principles became integral parts of the rules of administrative procedures.

In the laws of Socialist countries, one could usually find general regulatory laws on state administration procedures. Accordingly, it can be stated that recording the legal institution that can be considered as the most sufficient safeguard of legal security, i. Socialist Era; State Administration Procedures; General Principles of Law; General Principles of Law. Die Rotschlammkatastrophe in Ungarn Red Mud Catastrophe in Hungary. On October 4th,Hungary suffered its biggest ever ecological accident, which became known as the red mud catastrophe.

This unprecedented natural disaster raised a number of legal questions. Germany also had to face a similar problem due to an explosion in a chemical plant of Oppau in the early 20th century. This article examines to what extent they were able to manage these tasks and what challenges they had to face. The Development of the Legal Profession of the North-Western Provinces of Russian Empire in the Nineteenth and early Twentieth Century.

The article is dedicated to lawyers of Russian Empire, particular the lawyers of North-Western governorates. The paper describes the legal principles and the political conditions under which the lawyers of Russian Empire were acted in the late nineteenth and early twentieth century.

The author focused, inter alia, on the principle of the independence of the lawyers. He also pointed out the differences between the systems operated in the Russian Empire and in countries such as: England, Belgium, France, Germany and Austria. The main factor, which had an impact on the development of the lawyers of the North-Western governorates - was not the normative factor, but the political factor. The Treatment of Nuda Pacta in Byzantine Legal System. Despite the incorporation of new exchange forms, the Roman system of contracts, throughout its history and evolution, remained unchanged and always moved around the necessity to abide by legal formalities.

Nuda pacta; non- enforceability; Byzantine legal system; abandonment of the rule ex nudo pacto non oritur action; modern theory of conventions. Sami Mehmeti - Bekim Nuhija: Some Legal and Practical Aspects of the Process of Colonization and Expatriation in the Territory of Macedonia and Kosovo: After the First World War in the territory of Macedonia and Kosovo intrusive and large-scale forced deprivations of private property were carried out with the aim of changing the ethnic structure.

As a consequence of laws pertaining to the agrarian reform, a considerable mass of land belonging to the Albanian population of Macedonia and Kosovo was forcefully expropriated and allocated to Serbian peasants coming from Montenegro and Serbia. These actions succeeded in spreading uncertainty among the local landowners, many of whom sold out their property for symbolic prices just to avoid further persecution. The new ownership structures contributed furthermore to the forced displacement of the Albanian population.

Subject of study the historical evolution of British pension law and liberal model in the twentieth century until the period of last reforming. In the future, this situation prevents a more effective reform and the protection of rights of the elderly.

Seniors' Role in Society in the Period between the Middle Ages and the 20 th Century — Selected Aspects. Successful aging is an important issue which must be discussed and presented. It reflects the economic aspects of aging and the problematic of the elderly being dependent on economically competent members of society. The economic development caused detachment between the places where people live and where they work.

This means that the conditions of taking care for the elderly are getting worse and worse. The life of a single person in the society has been changing constantly, so have the conditions of living.

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The attitude of the society towards the elderly has been changing as well; from showing respect to segregation. The article focuses on the role of an old person and reflects the historic and economic development. Ius controversum e processo fra tarda repubblica ed eta dei Severi. Atti del Convegno Firenze, ottobre Collana "Fra oriente e occidente" diretta da Orazio Licandro e Giovanni Luchetti.

Wielka Wojna Suicide of Europe. Hermann Baltl - Gernot Kocher: Third Biennial Conference of the European Society for Comparative Legal History "Traditions and Changes" Macerata, 8—9 July In the Nazi-era the European ideas were strongly promoted in order to establish the German dominance over Europe.

Since the NS-propaganda was established in all the occupied territories in northern and western Europe. This Magazine had over two mio. Readers and was translated in over 20 languages in Europe. However, the Nazi-authorities never thought of a state of autonomy for the occupied states which fought disparately to keep their status, but were destined to be satellite states under Nazi-control. A Constituant Committee, set up by the House of Representatives of the Austrian Imperial Council, was guided along the content of the Imperial Constitution and was brought into force with oktroy in The liberal German representative Eduard Sturm, an attorney from Brno in Moravia, was appointed to prepare a draft about fundamental rights.

In essence only those fundamental rights enacted by an oktroy just in were left behind. Sturm pithily jotted down his notes about the results of the discussion within the Constituant Committee: Austrian—Hungarian Compromise; Austrian—Hungarian Monarchy; Austrian Imperial Council; History of Austrian Constitution; fundamental rights. An Example of "Juridical Migration"? The question is whether it was also an example of "juridical migration" that rendered possible human migration, too.

It was in ancient Rome, if not before, that Jurisprudence had separated from all-embracing mother Philosophy and became an independent academic discipline. The article points to this descent trying to construe the categories of error in the Roman Law of Sale from a philosophical perspective.

It shall be examined how classical Roman jurists sustained their reasoning using philosophical ways of thinking. By moving the focus to the company law, further elements - such asset or responsibility, reveal themselves to be relevant.

In such context, an analysis of the societas of Roman law shows the origin of those rights. This figure is in fact consistent with the Roman concept of societas and the recovery of the European legal tradition.

Evolution of Law and Justice from Ancient to Modern Times. Nearly every early scholar in developmental psychology and many early ethnologists, sociologists, and historians contributed to this central idea. Despite the prevalence of cultural relativism in the past generation, some scholars have continued to conduct corresponding researches. Radding published two articles in andwhich outlined the explanatory power developmental psychology has regarding the history of law.

This article here extends and deepens these endeavours. It shows that developmental psychology explains the evolution from archaic to modern law and justice right across the whole world. The evolution from ordeals to rational proof systems in trials, from objective to subjective forms of responsibility, from sadistic to humane forms of punishment, from the holy law to democratic legislation, and the abolishment of trials against animals are to explain in terms of developmental psychology.

The conclusions to be drawn go far beyond the area of the history of law. They rather touch both the foundations of historical research and the foundations of the humanities and social sciences.

German Law and German Society between Third Reich and Post-war Order. The study explores the sediment of legal conflict management: From a legal point of view, they are uninteresting; but historiographically speaking, they are a remarkable oddity. Downfall, break, zero hour, new beginning? None of these are portrayed in the records.

Even total state, total war, and total defeat leave room for a splintering in personal experiences, which can perhaps best be described, according to Reinhart Koselleck, as the 'contemporaneity of the non-contemporaneous'.

But if litigation is a way of dealing with societal conflicts, then the cases processed must somehow reflect the state a society finds itself in. The paper discusses where and how such cases connect law and society. Prosecuting Indirect Perpetrators of Crimes against Humanity in Western Germany. This work is an examination of the practices and experiences of administering correctional and transitional justice in postwar Germany afterexamining the adjudication of informers as indirect perpetrators of crimes against humanity.

Allied occupation law allowed for the prosecution of informers retroactively in the German courts through legislation specifically enacted for the purpose of prosecuting crimes against humanity. The implementation of the law and the prosecution of informers in the American, French, British occupation zones under the auspices of the military government administrations, and then later in the Federal Republic of Germany is examined. This work also addresses the theoretical and practical problems associated with the implementation of the law in this attempt to call individuals to account for their crimes against humanity through the use of retroactive legislation.

Transitional justice; crimes against humanity; Allied occupation law; occupation zones; retroactive legislation. Der Schutz des Kaisers im StG The Protection of the Austrian Emperor in the Criminal Code of The emperor of Austria had a very privileged position in criminal law: Due to his immunity the emperor himself could not commit any crime.

On the other hand he was protected in a special way by criminal law. Attacks on him were prosecuted as high treason and insults as breaches of the peace. This article analyses these two crimes according to the Austrian criminal code of Brian Dowrick — Meryl Thomas: The Origin of Legitim in English Law — a Reappraisal.

The ability of a testator to dispose of chattels by means of a will seems to have been restricted from an early time in England. It highlights the intrinsic problems that are faced when embarking on such a task, and concludes that legitim most likely has its roots in customary law, and is likely to pre-date the Norman Conquest.

Succession-legal history; legitim or reasonable parts; Roman law; canon law; Anglo-Saxon wills; Norman law; wills. The Birth of the Russian Science of Civil Law in the midth Century: This paper examines Russia's accession to the Western European legal tradition in the midth century. It reviews the key elements of traditional Russian legal culture of the s and s and examins Professor Dmitry Meyer's — contribution to the establishment of westernized Russian science of civil law, reforming legal education, and formation of professional legal consciousness.

To illustrate this process this study analyses Meyer's treatment of sale and purchase contracts. European legal tradition; traditional Russian legal culture; Russian science of civil law; legal education; legal consciousness; sale and purchase contracts.

The levy which is the subject of our study munera sordidaparticularly combined the conceptual characteristics of the munus and the direct services as well. It is specific to the roman administration and organization that it evolved efficient and practical institutional and organizational solutions by reacting on emergent situations and problems. Although it is described accidental and under-organized by the literature. The ordinary tax burdens were consisted of the taxes based on imperial assessment canonica and the annually completions consuetudineex more determinated by different territorial customs.

These burdens particularly combined the conceptual characteristics of the munus and direct services.

From a certain perspective they formed a transitional group between the 'annona' -like and public burdens, and even between ordinary and extraordinary taxpayer services. Due to their characteristics, the munera sodida refer to organizational tasks, which are considered to be menial and ad hoc not like the annual tasks of the civilia munera.

The tasks covered by the munera sordida were not provided by the subject of the burden but the tax payers living on the subject's estate. Therefore the burden was connected to the owner of the estate but considering its completion it was bound to estate itself. The burden which is the subject of our study, the munera sordida illustrates the purpose and character of the late roman levies well. The scope of its duties indicate the disproportion between the expectations of the imperial government and the performance of the population which has already reached its limits.

Munera sordida; annona; capitatio-iugatio; munera extraordinaria; Diocletianus; dominates; curialis; Later Roman Empire; History of public administration; Taxation in the later Roman Empire. Academic Degrees and Titles, Classifications in Jurisprudence in Hungary from the 18 th Century to the Present Day. In this paper we survey the system of academic degrees and important academic titles used in Hungary in the mirror of their historical development — as appropriate from the aspect of jurisprudence, omitting scientific titles that fall outside this field.

After that, we present the introduction, regulations of the academic degrees introduced in and following Soviet patterns: After the historical survey, we analyse the regulation of academic degrees and titles after the change of regime on the basis of statutory and institutional regulations.

Finally, in the mirror of these degrees and titles we present the current changes in the classification system of lecturers and researchers. Remedy and Legal Force in the Procedural Law of Hungarian Public Administration to I chose the assessment of the development of remedies between and as my topic, because that was the time when initiatives characteristically determining the regulations of general public administration procedural law for the past one hundred years took place.

I primarily processed the special literature and legislative practices of the era. The role of women in society is characterized by their positions in their family, economic status, education, employment and political rights and their enforcement.

The objective of my research, whose summary is demonstrated in the present paper, is the presentation of the status of women in the field of labour law.

In my work, focusing on the examination of legal status of women, I concentrated on the typical female employments in agriculture. The paper focuses on the study of the available documents about female works in the Archives of Somogy. Likewise, the research enables us to make a review of the contemporary and latter literature.

We are going to see that reforms in female education obtained results only by the end of the examined period. In my study I am going to present that labour rights of women were closely connected with their educational rights in the age of Dualism.

Efforts to Simplify Authority Procedures in Hungary in the Period between and Social and economic relations also had a significant impact for the regulation of administrative procedure.

The management of certain social issues, such as public health, education, pensions or social affairs led to the increasingly larger differentiation of public administration. In the thus created situation, a drastic increase in the number of legislations regulating public administration could be witnessed.

The need expressed by the society, according to which the regulation of public administration procedures should be collected in a transparent and well-arranged form was fulfilled by the legislative authority through Act 20 offor the first time in the history of Hungarian law. The law, as it can be seen above, stipulated the remedying system in a detailed manner and made these rules applicable in each and every type of public administration authority procedures.

In the history of regulating public administration authority procedures, the largest breakthrough was the adoption of Act 4 ofwhich is, practically, a code of authority procedures.

Simplify Authority Procedures; administrative law; remedy; public administration as a separate branch of state authority; Midth century in Hungary. Lessons to be learnt from the Transformation of Community Life in Hungary This paper aims to reviewing the most important influences of legislation in establishing associations, civic fundraising and courage.

I came to the conclusion that characteristics of associations were determined by prohibitive, restrictive legislation, which created new organizations as well.

This sector was entirely or partially run by the state. He declared all through his career that the development of economic and political life was inevitably correlated to culture and education. Based on his well-preparedness and extensive knowledge in various fields, he was able to prepare and implement his programme with creative self-reliance. Moreover, they picture the initiative to restore the role of former Polish—Lithuanian Commonwealth, with reference to France or Russia, and present the numerous attitudes of the Polish and Lithuanian society towards the rulers of the two powers.

It seems as if it was a need of the hour, which should have been used and treated as a moral and political obligation in view of a lost state, even with a possibility of failure. Czeslaw Milosz against the Communist System - Contribution to the Discussion.

Henryk Krajewski was active in the underground independence movement in Warsaw. He became one of members of the underground Polish government in the time of the January Uprising,against the Tsarist Russia. Krajewski was imprisoned and three times exiled to Siberia. Italy's mutilated victory after World War I as depicted in Polish historiography of the 20 th century. The term Vittoria mutilata, i. Within the testimony of an ancient criminal legal tradition, particular attention should be paid also to the Albanian canons as an invaluable asset of the country and the Albanian people.

This paper aims to treat the legal system in Albania during the period of our national hero Gjergj Kastriot- Skanderbeg. In particular, in this essay a well-deserved attention will take account of canon norms of criminal nature found in the Kanun of Skanderbegthe predictions of rules for the offenders, their responsibility, and those kinds of punitive measures taken against them for committing offenses against the person and the basics of criminal responsibility. Also, special attention shall be given to the type of offenses against the person in the canon, such as murder, feuds, ambushes, etc.

An important part of this paper will take also the principles that characterize Canon of Skanderbeg, in particular, the principle of the protection of life. The purpose of this paper is to bring to the attention of the reader, the canons, as an important source of information with regard to how social relations were protected by the criminal law in the medieval period.

It was a grand 15th century plan that was later to a certain extent reincarnated as the League of Nations, United Nations and the European Union. The New Czech State Citizenship Act: On 1 January, a completely new Czech State Citizenship Act is coming into force as the Act N. It is the sixth act so far in the history of the Czech lands that regulates the legal title of state citizenship as integrated and complex. In comparison with the previous legislation, the act is very detailed and extensively articulated.

The bill preparation and the legislative process was going on in the context of criticism from the side of nongovernmental organizations working with migrants who were pointing out, in their opinion, more restrictive conditions of Czech citizenship acquirement for foreigners. These are the conditions not included in the previous legislation. However, we should rather talk about more detailed specifications than about stricter stipulation.

In addition to this, the new Czech act enables all Czech citizens — naturalized citizens as well as citizens by birth — to have Czech citizenship and also a foreign citizenship in parallel. This means not only significant legislation liberalization, but also an important act adopted in a period when some European countries including EU members are moving in the reverse direction through highlighting the single citizenship principle. The act also preserves the historically proved dominating ius sanguinis principle in the title of citizenship acquirement through birth, however, it also supports the elements of the competitive ius soli principle.

In my opinion, the final conclusion is unambiguous. The act is liberal and prefers the rights of an individual to the political authority of the state and, in the case of the naturalization conditions, it equally respects the rights of individual as well as the state priorities. The proceedings of the ALAI Study Days in Viennafocused on the topics of duration of copyright and related rights. Heidelberger Thesen zu Recht und Gerechtigkeit.

Origine e sviluppo degli ordinamenti giusprivatistici moderni in base alla tradizione del diritto romano. Der Allgemeine Teil des Privatrechts. Erfahrungen und Perspektiven zwischen Deutschland, Polen und den lusitanischen Rechten. Bericht zu dem Symposium und Podiumsdiskussion: Folter und Gewaltanwendung im deutschen Strafprozess. The End of Torture and Enforced Testimonies as well as the Recurrence of Torture in Emergencies. However, authors rarely depict that other types of violent enforcement of testimony remained part of Prussian and German law of criminal procedure until Even after torture to extract confessions had been abolished, massive use of force against suspects was still permissible to make them state co-perpetrators or to sanction their silence or lies.

The article addresses the legal principles justifying the use of force in German criminal procedure beyond the abolition of torture. As the first European country Germany put marriage and family under the special protection of the state in The article ascertains genesis and ramifications of this decison of the drafters of the constitution.

The european idea was created in 14th and had its impact till in our days. They were widespread in the 15th to 18th century, but were also strong in modern times. Napoleon himself had ideas of an Europe consisting of satellite states dominated by him, as he confessed in his last days on St-Helena. During the Vienna-Congress and the following years the leading powers Austria, Russia and Prussia established the Holy Alliance in order to preserve order and peace in Europe and to opress the revolutionary movements since the th.

Concerning the 20th century the essay points out the remarkable revival of the european project after World-War-I. Nobody beliefed in the th in a revival of european ideas, because the treaty of Versailles contained so many clauses, aimed to humiliate the former enemy Germany, e.

It was a private organisation, the Paneuropa-Movement, set up by the count Coudenhove-Kalergi, which tried to reconstruct the revival of Europe. Supported by the french foreign minister Aristide Briand Briand-memorandumhe succeeded in setting up a big movement which had much resonance in the public.

In the era of World-War-II the Nazi goverment misused the european idea as a means for a widespread propaganda in all occupied territories which aimed to construct "Gross-Germanisches-Reich" under German domination - an illusion because the NS-collaboration in the occupied countries soon found out that they were only an instrument in the hands of the ruthless dictator Hitler. Translation von Recht im mehrsprachigen Kontext am Beispiel von Elsass-Lothringen, Saarland und Luxemburg Translation of Law in a Multilingual Context.

The Examples of Alsace-Lorraine, Saarland, and Luxembourg. The science of translation can be useful to reconsider History of Law as a long history of translated rules and texts.

Our article intends to explain the bilingual context of a region that embraces Alsace-Lorraine, Saarland and the Grand-Duchy of Luxembourg. Globalization; translation; local context; reception of law rules; legal transplant; resignification of law.

The article deals with selected points of legal traditions in the world. The main question is why the creation of one unified body of contract and tort law for several different states e. European Union, ASEAN still poses a conceptual problem I. Reference to a unified Roman Law as a major European source remains unthinkable. The differences between common law and civil law influence not only the European states. Nevertheless, many say that the common law world and the civil law world are converging.

For example, neither the United States nor the United Kingdom can be called purely-bred common law countries any more II. On the contrary, Turkey as a country with a predominantly Islamic population and a founding member of the Organization of The Islamic Conference OIC also cannot be called a pure Islamic state.

ASEAN; zero-tolerance; OIC; code civil; ius commune; corpus iuris civilis; roman law; European Commission,european contract law.

The paper deals with the acquisition and loss of the Austrian — Hungarian Citizenship during the 19th century. The aim of the article is to examine the different influences on the citizenship. Therefore the historical, geographic and economical aspects will be illustrated to understand the complexity of the citizenship.

Different from most of the contemporary legal orders e. This article focusses especially on D. Thereby, the article deals with the question whether it is possible to establish a consistent system of the usage of the term consensus and its points of reference. Finally, the important relationship between consensus and error shall be illuminated. Following the revolutionary events ofthe local administration of the Habsburg Empire experienced a massive change. A prominent demand of the early constitutionalist movement was to strengthen and expand the administrative autonomy.

To analyse the development of municipal autonomy and democracy is the goal of this paper. The new constitutions and constitutional drafts in the years andtogether with the provisional municipality statute ofwere the first legislative regulations of municipalities, based on the principle of autonomous competences. They were to be equally applied in all Hereditary Lands of the empire.

Habsburg Empire; Austria; constitutional and administrative law; rural municipality; rural municipal autonomy and liberty; development of rural municipality law; Juli aus rechtshistorischer Sicht Declaration of War on July 28th from a Legal Historian Point of View.

On July 28th Austria-Hungary began World War I by declaring war on Serbia. The political background of this decision has already been analyzed quite often. This article explores the legal conditions of this declaration of war. In Austro-Hungarian constitutional law the emperor had the power to declare war. This power was considered to be prerogative of the crown. Before emperor Francis Joseph decided to declare war on Serbia, foreign minister count Berchtold had told him that Serbia had already attacked Austro-Hungarian troops near Temes Kubin.

This was, however, not correct. The Austro-Hungarian declaration of war on Serbia followed conformed to the rules established by the second peace conference in The Hague.

A Crime by all means — Female same-sex Sexuality in the First Republic of Austria. Judaeo-Christian theology had a long-lasting impact on both the fabric of the English Common Law and the development of the English legal profession. Not only has religion played a de facto role in the development of law, but it has also been consciously arranged by jurists and other legal professionals of the medieval and early modern period to assert the jurisdictional and constitutional supremacy of the Common Law, which at the time was under the threat of being engulfed by the jurisdiction of an increasingly powerful British Crown.

This paper argues that Judeo-Christian sources, signs and images were systematically used by some legal professionals and commentators of the medieval and early modern period to constrain the legal powers of the Crown.

In reproducing a theological culture within their community, lawyers were arguably not only re-shaping the permanent structure of their profession, but also re-defining its relationship with other social groups in the polity, namely the Crown.

Ultimately, not only were constitutional arrangements re-organized, but the foundation for the Hobbesian social contract was also cemented.

Magic, Religion and Superstition in the Tetrarchy. The study of certain practices related to the world of the supernatural in antiquity is a way to approach culture, society and power through history. The Roman was a deeply superstitious man.

An amalgam of rites and beliefs were settled in Roman culture during the Empire -Christianity being one of them- which bloomed in the crisis of the third century, changing social, cultural and legal relationships. Diocletian tried to face all this. Traditionally there are two complementary explanations: Das Levirat in den Mittelassyrischen Gesetzen The Levirate Marriage in the Middle Assyrian Laws.

The levirate marriage is known in Hebrew law and even mentioned in the Old Testament. A prerequisite for the occurrence of the levirate marriage is the death of a brother without children, or without heirs, risking the property unit. In order to protect this property, in addition to the assurance of a social position to the widow, his brother, who was an adult during the life of the dead brother, should marry to his sister-in-law.

In the literature, it is mentioned for the levirate marriage an Assyrian origin. The purpose of this work is to analyze the provisions of Middle Assyrian Laws that may have some relevance for the treatment of the levirate marriage.

The Nation State and the Law: A Legal Critique of the Organic Development and Restrictions of the Legal Powers of the State. Has the concept of the nation state reached its apotheosis after the success of liberalism on the political spectrum? This question needs to be answered by evaluating the Constitution as the rule making authority that is embodied in the sovereign state. The nation emerged from the various strands of nationalism and there was a development into a Westphalian state that exercised territorial integrity and full sovereignty.

However, there is a distinction between the nation- state and the nation and the former is a more durable concept. In Europe the nation state are ancient constructs that emerged with the development of the national consciousness that enabled the nation state to be recognsied as a member state of the United Nations. The framing of treaties of setting out principles of international law has allowed some states to practice universal jurisdiction. It has been restricted because of the subjective nature of the legal political framework of the state.

The approach that Kelsen takes is to confer monism and dualism as part of the theory that the state and the international order are both regulated by the basic norm. It arrives at the conclusion that the ideological state has come to an end and that liberalism has triumphed in the global consensus of modern nation states. This article, understood as an overview, tries to study the influence of Petrus Ramus on Law and Jurisprudence, according to two main criteria: The influence of Ramus was deeper in Public Law and in Political Theory than in Private Law.

Nevertheless, it was neither a definitive orientation for Civil Law nor for Jurisprudence because the dilemma between a Systema iuris and a casuistic practice of Roman Law of the 16th century was not solved.

The process of codification of Hungarian civil law is finally finished - the new Civil code was enacted on 26th, February and will come into force on 15th, March Already during the preparatory works on the draft of the Civil Code, the Hungarian authors had different standpoints whether labour contract should be incorporated into the part of the Code pertaining to the specific types of contracts or not.

The critics of this so-called unitary approach claim, whose standpoints supports the author of this paper as well, that labour contract, at least in its basics, has civil law nature, hence it does not belong to the scope of the public law dimension of labour law.

Labour contract should be governed in general in the new Hungarian Civil Code, since such standpoint is adopted in the majority of classical European civil codes, such as the German BGB, the French Code civil and Austrian ABGB. The jurists were and still are divided upon the question whether good faith bona fides was necessary to acquire the ownership of a newly made thing species.

Gaius also discussed the case of specification specificatio in his Instituts. However, he did not explicitly answer the question. It argues that the financial compensation was the main concern of the great Roman jurisconsult who reached a right solution through procedural means on the basis of some sophisticated natural law principles.

Community Property as one of the Special Institutions of Hungarian Matrimonial Property Law of the I have been doing researches for years the hungarian private law from historical wiew, especially in the field of matrimony property law, and the special womans rights.

The definition of collectively acquired property rights of matrimony Errungenschaft, coacquisitio conjugalis is, that this legal instrument means that the goods, which were earned by the parties living together in legal matrimony are collectively common, independetly from it were earned separately or collectively.

Althought this definition seems to be simple and easy-to-understand, it contains some special elements. One of the most known characteristics of sale contracts is, that they are the first and the oldest formations of contract law.

Practically they are the basics of commerce, since most of the trading activities are performed in this way even nowdays. But today we can say, that sales contract are not just part of pivate law, but they are coloring the field of poblic law, beacuse sale contracts are made in commerce traffik, where we can find public controll of the administation.

This studies is focusing on such govermental interventions of the administration, which have affect on the sales contract betweem the seller and the buyer, we can call this direct intervention. The typical act of this intervention is, when an governmental administrative organization imposes a fine on the seller for such activity, which goals to damage the buyers interests. This is what we can call the governmental, administrative intervention in pirvate sales. In public law, the field of consumer protection is the instrument, which regulates the governmental andministrative intervention into private sales.

In this presentation I am demonstating shortly, how the field of consumer protection have evolved from a historical point of wiew, which we can call the first steps of consumer protection. In my studies I am refering to some circumstances, which have prepossessed the fact, that the consumer protection law, and so the governmentel administrative intervention showed up late, in the second half of the 19th century in Hungary. Aspirations towards reflecting an image of France where only one language is being spoken have a long history.

Well before the concept of one nation—one language became widespread in the 19th century, French monarchs had used linguistic unification as a means of building a unified realm and a single French identity. In this respect, the histories of linguistic national, autochthonous, historical minorities share a great deal of similarities in France, Spain and the United Kingdom.

However, while in the latter two states autochthonous minorities managed to gain a greater or lesser degree of territorial autonomy including the competence to legislate on linguistic rights, autochthonous minorities in France — with the only exception of Corsica — have no such power.

Also, France belongs to those few states which still not have signed or ratified either the European Charter for Regional or Minority Languages, or the Framework Convention for the Protection of National Minorities.

This paper proposes to offer a detailed overview of linguistic legislation in France, and in the meantime, to dispel the myth of a monolingual France.

The Socio-legal Environment in the Hanseatic City in the Seventeenth Century. The history of the early minutes of the Commerzdeputation Hamburg provides the basis for a case study that demonstrates the advantages of text type analysis. In the merchants of Hamburg tried to recapture the influential role of their hanseatic past by reinstituting a self-administrating body: The fact that its minutes were used to establish the institution within municipal administration makes them an interesting object of linguistic study.

The main feature of the Commerzprotokolle to be explored in this paper is the legitimising function of the texts. Also touched are the use of High German and the relation to chancery languages. Additional Article from 13 February Institution of Completing the Constitution of the Kingdom of Poland from This article is devoted to an additional article of 13 Februarywhich is an example of Russian policy in the Polish Kingdom The additional article introduced the secret meeting of the Sejm of the Polish Kingdom and prevented public participation in the sessions of the parliament.

The author presented the one hand, the views of the opponents of such a solution, mainly Kalisz Group. They thought it was a blow to the opposition. According to the proponents of this idea, the changes introduced elementary order in the parliamentary session. The Constitution of the Kingdom of Poland in ; the Kingdom of Poland; Russian Empire; Aleksander I; Nikolai I.

Blerton Sinani - Sami Mehmeti: A Historical-Legal Overview of Constitution as the Highest Political-Legal Act of a State. The constitutional history is a constituent and very important segment of the science of constitutional law. From the beginning of the political history of the society, several legal acts have been enacted to regulate different social issues, including those concerning the behavior of the rulers.

The first elements of constitution, as well as the first scientific premises that are significant for its content as legal act, are introduced in the Greco-Roman world. This period is the beginning of history of the constitution in formal sense as well as in material sense even though in a rudimentary form. Even though, there is considerable data that certain states have enacted written acts with highest legal force before the end of 17th century, the science of constitutional law considers that the emergence of written constitutionalism is related to first written constitutions of American states in the 18th century.

Theologians and Contract Law: Both, the mother in law and the widowed daughter claim back their dowries. The solution to the problem is the favor dotis. The case and its solution give a very good insight into the relationship between rhetoric and jurisprudence in Rome. Both are far more intermingled than the modern Romanist would like them to be. Therefore, the declamation is to be considered a first rate source of Roman law of dowry.

Eventually the army was divided in three parts: