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Spirituální dialog mezi církví a mládeží

100%
Martinek M.
Studia theologica
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2006
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vol. 8
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issue 2
43-52
EN
The text deals with problems of the dialogue about spiritual and religious topics with the present youth. The starting point of the dialogue is considered to be the religious experience of all people. Its specific form among those who do not consider themselves to be believers is called 'secularreligiosity'. Any type of religious experience an individual goes through is understood as spirituality in the broad sense of the word, and the religious experience, related to a specific religious system is understood as spirituality in the narrow sense of the word. Some religious experiences of young people are very close to the Christian religious tradition; however they are not reflected this way - e.g. the experiences of a human relationship, music perception, contact with nature, etc. Through a dialogue about such an experience, Christians can show young people its deeper sense and convey the wealth of their spiritual tradition. In the end the article shows the ways the communication should follow, suggests a methodology, and stresses the significance of the personality holding the dialogue in the name of the Church.
2
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Religiozita a spiritualita české mládeže

100%
Martinek M.
Studia theologica
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2006
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vol. 8
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issue 3
73-82
EN
The author tries to find a possible basis for spiritual dialogue between the Church and today's Czech young people. In the first part he places the religiousness of the youth into a broader geographical and historical context. He focuses on the present reality in the Czech Republic and finds out that young people here are extremely atheistic in comparison with the youth in other European countries. At the same time, a lot of them admit that there exist some phenomena which are not possible to explain by scientific reasons. That is why the author pays special attention to the phenomenon of atheism among Czech youth. In the Czech setting we can also find the so called 'religious supermarket', in which anybody can choose from the wide offer of various forms of religion. Catholics prevail among those young people who regard themselves as believers, although a great part of them have some objections against the practice of the Catholic Church and against some parts of its doctrine. At the end the author proposes two possible typologies: according to the young people's attitudes to faith in God and according to their relationship to the Church.
3

Kształcenie prawników dla Europy. Droga niemieckiego nauczania prawa od narodowego prawnika sądowego do europejskiego menadżera prawnego

100%
Martinek M.
Studia Iuridica
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2014
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vol. 58
181-202
EN
The author describes and comments on the already visible change of the legal education in Europe, particularly in Germany. The new role model aims at an „European Jurist” in terms of a cosmopolitan manager of legal services who masters three languages (English, German, French), studied at least one year abroad and prefers to become a practicing lawyer rather than a judge. The „European Jurist” has been trained in the essentials of law per se and in the legal solution of problems, not in the positivistic details and doctrinal intricacies of a national legal order. He or she represents a new mode of jurisprudential intellectuality and, at the same time, of skillful capability to solving problems in the modern European society, economy and political-administrative system. Rather than the law of the European Union, the „European jurist” is familiar with „European law” in terms of the different legal systems in the European member states. He or she truly understands the similarities, differences and the specialties of the legal systems in the member states, is aware of their historic roots and combines an excellent comprehension of comparative jurisprudence with the practical application of law and with the omnipotent ability of problem solving. Therefore, he or she is superior to the „classical” German jurists of previous generations who have been trained in the traditional German extra way. This traditional extra way is based on a state-organized and state-controlled juridical education. Its role model is a law student who wants to become a Judge or at least plans to work for the government. The old way, which is still lingering on in some respects, wants to create „Generalists” in terms of „unitary jurists” (Einheitsjuristen) instead of specialists in different fields of law. This special path was developed in Prussia in the 19th century. It consists of a dualistic method of training future jurists: At first they study the theoretical and doctrinal issues of academic jurisprudence at law departments of universities before they enter a legal apprenticeship (Referendariat) to familiarize themselves with the practical challenges of the living law and of everyday lawyering. Notwithstanding some hesitant modernizations in the legal education (like a more lawyer-oriented „Referendariat”, courses in foreign legal terminology, communicative soft skills, choice of specialization in the universities), the German legal education still adhered, until recently, to the traditional goals and methods. The author recapitulates the history of the German legal education up to the recent Bologna-debate. He points out that an enhanced internationalization and amplified Europeanization is already on its most promising way. The traditional German legal education is a phenomenon of the past; the future belongs to the „European-Jurist” in terms of a cosmopolitan manager of legal services.
4

KARL LARENZ (1903-1993). LIFE AND WORK (Karl Larenz (1903-1993). Życie i dzieło,

63%
Martinek M., Poczobut J.
Kwartalnik Prawa Prywatnego
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2010
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vol. 19
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issue 1
5-42
EN
Karl Larenz was one of the greatest German jurists of the 20th century. Few jurists have had such impact on the German juristidiction after World War II. With numerous contributions on the general part of the law of obligations, the law of special obligations and the general part of the German Civil Code, Larenz's textbooks have become some of the essential textbooks for law students. Karl Larenz was born in 1903 in Wesel am Rhein. At age 25, after studying law, history and economics in Berlin, Marburg and Göttingen, he qualified as a professor with his book about the method of interpretation of legal acts (Methode der Auslegung Rechtsgeschäfts). During the Weimar Republic and Nazi Germany, Larenz's writings were characterized by his interest in philosophy. Thanks to his mentor Julius Binder, Larenz became a follower of the writings of Georg Friedrich Wilhelm Hegel, whose philosophy had a huge influence on Larenz views. Influenced by Hegel's ideas, Larenz developed his theory on the concrete-general term (konkret-allgemeinen Begriff) and his doctrine of types (Typenlehre). After Larenz death, his philosophical and political opinions led to a discussion about his role in Nazi Germany. Larenz's proponents saw him as a jurist who tried to keep the Nazis within bounds, so that they would be obligated to respect at least a minimum of moral principals. Others objected to his views that legal capacity should only be given to someone who is of German descent. Therefore, his opponents put forward, he was guilty for being a part of Nazi Germany. After World War II, Larenz mainly focused on general civil law and the correct juridical approach in his writings (juristischen Methodik). Only when he started to write his famous textbooks, which were even translated into different languages, did his opinions on certain problems in civil law became part of the prevailing German jurisdiction. For instance, the contract with protective consequences for third parties (Vertrag mit Schutzwirkung zugunsten Dritter) and Larenz's validation theory regarding declarations of intent (Geltungstheorie) became prominent in German law. Furthermore, some of Larenz's legal doctrines have been incorporated into the German Civil Code. One example is the incorporation of his doctrine about the interference with the basis of the transaction (Störung des Geschäftsgrundlage) into § 313 of the German Civil Code. Larenz stopped dedicating all his efforts to jurisprudence merely two years before his death. He passed away at the age of 89 in Olchingen near Munich.
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RUDOLF VON JHERING (1818-1892) - LIFE AND WORKS (Rudolf von Jhering (1818 -1892). Zycie i dzielo)

63%
Martinek M., Poczobut J.
Kwartalnik Prawa Prywatnego
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2009
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vol. 18
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issue 1
5-35
EN
This article describes the life and introduces the works of Rudolf von Jhering, whose life span covered the 19th century and who unfolded an enormous influence on private law and on legal philosophy in his later years. He is considered one of the brightest representatives of German pandectism as well as one of the most remarkable legal historians and doctrinal theorists. His acrimonious attacks against the legal conceptualism ('Begriffsjurisprudenz') of his time and his pleadings in favour of a frank jurisprudence, oriented and guided by the interests of the parties concerned, yielded almost universal acknowledgement. After his habilitation in Berlin, Jhering assumed professorships in Bale (1845), Rostock (1846), Kiel (1948), Giessen (1852), Vienna (1868), where he was ennobled, and eventually Goettingen (1872). He was heavily coined by his teacher Puchta and by the idealistic historical philosophy of Hegel, whereas his relationship to the school of Savigny was always very tense. His main merits lie in the modernisation of the received Roman law and the development of methodological innovations focusing upon aims and ends intended by the legislator respectively the parties involved. Moreover, he can be seen as the 'inventor' of the 'culpa in contrahendo' - doctrine about faulty behaviour causing damages in the course of pre-contractual negotiations. His doctrinal writings also brought a breakthrough in private as well as in criminal law with regard to a clear and sharp distinction between unlawfulness (Rechtswidrigkeit) and guilt (Schuld). Ali in all von Jhering, like hardy any other law professors of his time, paved the way towards the law of the 20th century. The article discusses the mayor works and their long-lasting effects on various fields of law.
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