Search results - CEJSH

1

Obligatory protective vaccinations and the implementation of parental authority: a study of judicial decisions in the area of legal liability

100%

Zieliński G., Kanecki K., Nitsch-Osuch A., Tyszko P.

Family Medicine & Primary Care Review

|

2019

|

issue 3

289-295

XX

Obligatory protective vaccinations and the implementation of parental authority: a study of judicial decisions in the area of legal liability

2

Conflict of individual freedom and community health safety: legal conditions on mandatory vaccinations and changes in the judicial approach in the case of avoidance

100%

Paplicki M., Susło R., Nidal Najjar3, N. N., Ciesielski P., Augustyn J., Drobnik J.

Family Medicine & Primary Care Review

|

2018

|

issue 4

389-395

3

Transhumanizm i perspektywy jego oddziaływań na prawoznawstwo. Wybrane problemy

100%

Sulikowski A.

Wrocławsko-Lwowskie Zeszyty Prawnicze

|

2014

|

vol. 5

89 - 110

EN

Currently, transhumanism is a growing and increasingly popular philosophical movement. Using the authority of the natural sciences strongly affects thinking about the future of humanity. Transhumanists not only formulate a vision of the human future, but also offer recommendations relating to the creation and application of law. This article is about the basics of transhumanism and its potential impacts on jurisprudence.

4

Niemcy - ewolucja versus stałość (artykuł wstępny)

100%

Jackowska N.

Przegląd Zachodni

|

2022

|

issue 3 (384)

5-5

EN

Germany - evolution versus stability

5

The common law approaches to identity theft: Implications for Hungarian law reform

100%

Tóth D., Gáti B.

Problemy Prawa Karnego

|

2023

|

vol. 7

|

issue 1

1-13

PL

Częstość występowania kradzieży tożsamości nasila się, zwłaszcza w kontekście międzynarodowym. Dzięki postępowi technologii informatycznych przestępstwa związane z tym zagadnieniem nie mają granic i mogą ujawnić się wszędzie. Celem tego badania jest analiza ram regulacyjnych dotyczących kradzieży tożsamości w obcych jurysdykcjach. Esej uwzględnia nie tylko aspekty teoretyczne, ale także wymiar praktyczny i kryminologiczny. Oczekuje się, że w wyniku zbadania tych modeli regulacyjnych zostaną sformułowane propozycje „de lege ferenda” (dotyczące przyszłego prawa) dla węgierskiego ustawodawcy. Początkowy fragment eseju zmaga się z definicją zjawiska. Nie ma powszechnie akceptowanej definicji kradzieży tożsamości. W literaturze zagranicznej stosuje się różne terminy do opisania tego samego zjawiska, w tym „kradzież tożsamości” i „oszustwo tożsamości”. Po wprowadzeniu koncepcyjnym w opracowaniu przeanalizowano potencjalne formy kradzieży tożsamości. W drugiej części merytorycznej przeanalizowano modele regulacyjne dotyczące kradzieży tożsamości w jurysdykcjach anglosaskich. Ramy regulacyjne Stanów Zjednoczonych, Wielkiej Brytanii, Kanady i Australii podlegają badaniu. W końcowej części proponujemy zmiany węgierskiej regulacji „de lege ferenda”.

EN

The incidence of identity theft is escalating, especially in international contexts. Owing to the advancement of information technology, crimes associated with this issue are borderless and can manifest anywhere. The objective of this study is to scrutinize the regulatory frameworks concerning identity theft in foreign jurisdictions. The essay not only considers theoretical aspects but also practical and criminological dimensions of the issue in question. As an outcome of the examination of these regulatory models, it is hoped that proposals de lege ferenda (‘regarding future law’) can be articulated for the Hungarian legislature.The initial segment of the article grapples with defining the phenomenon. There is no universally accepted definition of identity theft. Various terms are employed in foreign literature to describe the very phenomenon, including “identity theft” and “identity fraud.” Subsequent to the conceptual introduction, the study surveys the potential forms of identity theft.In the subsequent sections of the article, the regulatory models of identity theft in common law jurisdictions are analyzed. The regulatory frameworks of the United States, the United Kingdom, Canada, and Australia are subject to examination.In the concluding section of the study, recommendations for future legislation (de lege ferenda) are proposed.

6

Relacje między etyką, prawem i ekonomią: analiza poglądów Adama Smitha

88%

Rogowska B.

Annales. Etyka w Życiu Gospodarczym

|

2019

|

vol. 22

|

issue 3

7-17

EN

Adam Smith is commonly viewed as the founding father of economics. This conviction stems from the publication of The Wealth of Nations in 1776. Smith’s works are chiefly examined in terms of economics. The discovery of reports of his Lectures on Jurisprudence and defining them as a “bridge” between his ethics, law and economics allows researchers to analyze Smith’s work from a fresh perspective. The aim of the paper is to discuss complex relationships between ethics included in The Theory of Moral Sentiments and general principles of law and economics. The main conclusion of this paper is that Smith emphasized the mutual complementation of moral and legal norms in the context of the economic development of the commercial society.

7

Koncepcja pojęć zastanych w orzecznictwie Trybunału Konstytucyjnego

88%

Riedl K.

Przegląd Sejmowy

|

2015

|

issue 5(130)

83-98

EN

The Constitutional Tribunal recognizes some terms in the Constitution as so called “pre-existing notions”. That means that in case of absence of a clear defi nition of the notion within the Constitution, it may be assumed that the constitutional legislator intended this term to have the same meaning assigned to it by previous constitution, doctrine or legislation in force at the time of the entry of the 1997 Constitution. Such concept allows therefore to suppose that this notion has another (wider) meaning than a result of literal interpretation. The inspiration to write this article was judgment of 7th October 2013, K 31/12, wherein the issue of recognition the constitutional term “reading” of the bill as a pre-existing notion had decisive infl uence over the Tribunal’s decision. The article analyses the jurisprudence of the Constitutional Tribunal regarding the pre-existing notions. The main aim is to answer the question, whether such idea can be treated as a complete, useful and established concept of constitutional interpretation. The analysis gives a positive answer.

8

Prawda jako przypadek praktyki uwagi na marginesie dogmatycznej koncepcji prawdy obiektywnej

88%

Jaśkiewicz J., Uniwersytet Łódzki W. P. i. A.

Acta Universitatis Lodziensis. Folia Iuridica

|

2014

|

vol. 73

EN

The article has been thought as a contribution to the discussion on comprehension of truth within the framework of the domestic jurisprudence. The author, describing philosophical and theoretical assumptions with respect to positivism epistemology indicates - basing on the sources presented in this article - the transformations to which the concept of the so-called ‘objective truth’ was subject and the extent to which various political and social factors influenced the concept mentioned. As he concludes complexity and dynamics concerning transformations of the domestic legal culture, as well as conflicts between the written law and the practice are disclosed in lawyers’ attitude to the truth.

9

European constitutional “case law” as a possible concept of the European “legal state”

88%

Klíma K.

The Lawyer Quarterly

|

2022

|

vol. 12

|

issue 1

37-52

EN

The European Convention of Human Rights, together with the jurisprudence of the European Court of Human Rights creates a special and entire legal system, which is particularly aimed to cultivation of decisions of bodies of public power in issues of natural and legal persons, or of other power intervention. The current jurisprudence particularly of the European Court of Human Rights undoubtedly shifts the concept of the legal state into the position of quantitative intensity not only of human rights and freedoms protection, but also particularly cultivation of public administration and decision activity of courts. Jurisprudence of the European Court of Human Rights therefore sets not only on enforceability of the European law in member states, but also at requirements of organizational, intervention and decision legal level of activity of bodies of the public power. It is therefore possible to declare and confirm that the concept of the “European Legal State” is a specific European versions of constitutional protection of basic human values.

10

La giurisprudenza come fonte del diritto canonico Jurisprudence as a Source of Law

88%

Michowicz P.

The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II

|

2024

|

vol. 14

|

issue 1

229-242

EN

Starting with such a provocative title, the essay aims to answer the question of whether jurisprudence can be considered as a source of law in the canonical judicial system. In order to achieve the objectives of the present work, it is proposed not to observe a traditional path followed by those who interpret the provision of canon 19 of the current Code of Canon Law, but rather to consider jurisprudential creativity which represents, in its various manifestations, an unavoidable feature of legal experience. This premise helps to reconsider the source concept of law and systematizes the role of jurisprudential doctrine in the hierarchy of sources in the canonical legal system.

11

Podstawowe założenia badań empirycznych w prawoznawstwie - próba konfrontacji

87%

Kotowski A.

Studia Prawnicze

|

2017

|

issue 2 (210)

87-114

PL

The paper is a critical analysis of fundamental assumptions for the empirical research methodology in the jurisprudence field. It is aimed to compare the profile of empirical methodology with jurisprudence-dominant analytic philosophy. This is archived through a) examining the basic profile of the positivist attitude of a researcher along with assumptions integrating empiricism, which derives from the positivist methodology, into different philosophies of the law which specifically appeal to the naturalism of the legal phenomenon; next b) detailing characteristic features of empirical methods which take jurisprudence specifics into account; and finally c) coming to a set of conclusions concerning the success of research conducted this way in the jurisprudence field.

12

Zagrożenie terroryzmem w XXI wieku – analiza wybranych determinantów

76%

Wojciechowski S.

Archiwum Kryminologii

|

2016

|

issue XXXVIII

29-59

EN

Terrorism is one of the biggest problems in today’s world and one that, to a greater or lesser extent, continues to evolve. This evolution is true of many aspects, including terrorist tactics and strategy as well as types of terrorist threats. The global and destructive reach of terrorism is clearly reflected in different comparative studies. For example, data gathered by the National Consortium for the Study of Terrorism and Responses to Terrorism (START) indicate that there were over 150,000 terrorist attacks around the world between 1970 and 2015. These attacks were carried out in over 100 countries, most of them, however, in Afghanistan, Iraq Nigeria, Pakistan, and Syria. In recent years, the force driving the escalation of terrorist activity was initially Al- -Qaeda, followed by the Islamic State. ISIS combines features commonly attributed to terrorist organizations, criminal groups, states, terrorist networks, and military formations. Contrary to the common view, the Islamic State is not a state as defined in international law and practice. Although it has territory, a population, and authorities, it does not have the capacity to pursue international relations and does not meet the criterion of external sovereignty. Only a state fulfilling all of these conditions can rightly be called a state. Thus, in the case of ISIS, we can only talk of certain elements of statehood and not of a state proper, as understood in international law and relations. In 2015, the number of terrorist attacks around the globe dropped by 13% (from 13,463 in 2014 to 11,774 in 2015). A particularly sharp drop occurred in Pakistan (45%), Iraq (28%), and Nigeria (11%), whereas other countries witnessed a surge in the number of attacks. This was the case of Turkey (escalation by 353%), Bangladesh (270%), Egypt (69%) and Syria. Syria presents a particularly complex and alarming picture, with the number of terrorist attacks up by 65%, the number of people killed up by 62%, the number of those injured up by 91%, and the number of those kidnapped and held hostage up by 67%. In 2015, the number of people who lost their lives as a result of terrorism dropped by 14% (from 32,727 in 2014 to 28,328 in 2015). There was a rise in the number of people injured (2%) and kidnapped and held hostage by terrorists (29%). The latter phenomenon is particularly alarming since it indicates renewed terrorist interest in this form of activity. The purpose of the article is to answer the following research questions: What is terrorism? How can it be defined? What are its primary causes and features? What characterizes contemporary terrorist threats? What is the scale of global terrorism today? What led to the emergence and subsequent rapid rise of the Islamic State? How can terrorism be prevented and combated effectively? The author uses his own definition of terrorism. He defines terrorism as a variously motivated and implemented form of political and/or social violence (or threatening such violence) breaching the binding legal order, perpetrated by individuals or groups through different means and methods, leading to physical, psychological, or material damage. This form of violence has a direct target or targets (for example individuals representing a given state) or an indirect target through which the perpetrator wants to achieve his final purpose. This definition draws attention to a couple of important and universal features of terrorism. Firstly, it demonstrates the diversity of its causes (motives), spanning a wide range of factors that drive and escalate the phenomenon. Secondly, it highlights the fact that terrorist acts violate the law, resulting in a broad range of consequences. Thirdly, it stresses that terrorism (as people often mistakenly assume) encompasses not just the actions of groups, but also those of individuals. Fourthly, it points to the multiplicity and diversity of means and methods employed by terrorists. Religious, political, or ethnic reasons are not the sole driving forces behind terrorism, which springs from a combination of many different factors, including cultural, historical, psychological and socio-economic determinants – the latter often underestimated or overlooked. There is frequently a direct or indirect link between terrorism and poverty or other serious socio-economic problems observed in a given territory. This is reflected, inter alia, in the data published in the Global Terrorism Index 2015. This report indicates that in recent years, countries that have seen the steepest increase in the number of deaths due to terrorist attacks are largely poor ones, including Iraq, Nigeria, Afghanistan, Syria, and Somalia. Of course this does not mean that poverty or big social inequalities always lead to terrorism. They can, however, stoke up different extremist attitudes, including ones with ties to terrorism. This state of affairs is known as “fueling terror.” The paper highlights selected aspects of contemporary terrorism. Other important issues include the problem of terrorist financing, the consequences of terrorism, identifying real and potential perpetrators, the evolution of terrorist strategy and tactics as employed by “lone wolves,” suicide bombers, and women and children used to carry out attacks, links between migration and terrorism, etc. A comprehensive discussion of these topics requires a separate and much broader study. Such a study should be prepared by an interdisciplinary team of specialists bringing together not just security, but also legal, psychology, sociology or economic experts. Such a team should include both theorists and practitioners with wide-ranging experience in analyzing, eliminating, and forecasting terrorist threats.

13

Przesłanki historyczne ujednolicania prawa własności w Unii Europejskiej

75%

Woźniak B.

Studia Iuridica

|

2014

|

vol. 59

285-326

EN

Ownership is a central institution of private law and the core of property law. It is usually treated as strictly national area which has been hardly influenced by the process of harmonization. However, the Europeanization of other areas of private law requires creation of common proprietary rights, including ownership. Crucial differences in the concept of ownership exist between civil law, based on the Roman legal tradition, and common law with its medieval roots. Roman ownership was the most comprehensive right from which simple rights (to use, to dispose, to possess) descend. In contrast to common law, classical Roman law refused temporary ownership or split title. These functions were fulfilled by well-developed limited proprietary rights, strictly separated from ownership. Ownership was usually omitted in the process of harmonization of European private laws. One of the few examples of projects to unify ownership to some extent was presented in the Draft Common Frame of Reference – a private study on European civil code. The DCFR did not answer directly the question which concept of ownership should be adopted in the common European law of the future. Numerous references to Roman law indicate, however, that the authors of the DCFR included Roman legal tradition in their studies and, as regards the ownership right, they preferred continental solutions to the approach of the English common law.

14

Mechanizm przeciwdziałania antyspołecznemu zachowaniu uczestników obrotu w obowiązującym ustawodawstwie cywilnym

75%

Yatsenko T.

Studia Iuridica

|

2014

|

vol. 58

277-290

EN

In the article historical conditions of formation of a category „antisocial” in civil law are analyzed. The existence of the general prohibition of antisocial behavior in the Russian civil legislation, ensue from the content of the legal relationship between the state and the legally capable person, is proved. The content of civil law’s mechanism of prevention and suppression of anti-social activity of the participants of turnover is considered.

15

Co zostaje po uczonym prawniku?

75%

Longchamps de Bérier F.

Forum Prawnicze

|

2020

|

issue 4 (60)

7-16

EN

Questions and answers of the paper concern academic achievements of law professors seen at least two decades after their death. What remains of a law professor: good character, disciples and students, specificity of university genealogy, important research topics, work and writings, institutions created, international research friendships? Who can be considered a great lawyer? What are the criteria to asses it?

16

Profesor na Uniwersytecie Cesarskim w Warszawie V. A. Savalsky

75%

Ivannikow I.

Studia Iuridica

|

2014

|

vol. 59

141-148

XX

In the article, on the basis of archival data of the state archive of the city of Warsaw and unknown to the Russian reader works (“State law. General and Russian” ‒ parts I Warsaw 1912, and part II – Warsaw 1913) the author sets out a creative way as well as the doctrine of the state and the law of the forgotten Russian philosopher of the early twentieth century V. A. Savalsky (В. А. Савальский) – the first person in Russia who wrote a work on the philosophy of Marburg School of Law.

17

Pojęcie nieruchomości w orzecznictwie sądowym

75%

Niewiadomski A.

Studia Iuridica

|

2014

|

vol. 58

215-228

EN

In the modern law concept of real estate is interpreted differently depending on the scope of regulation act, in which it is contained. The article presents various judicial interpretations refer to the concept of property development, which constitutes a development of the basic meanings of this concept in Polish law. The catalog of decisions is illustrative and it should indicate the role of language interpretation in the process of subsumption and flexibility in expanding legal definitions in court decisions. The assessment of this phenomenon is not easy unambiguous, because on the one hand causes legal uncertainty, through the various possibilities of interpretation of this definition, on the other hand it allows you adapting law to the rapidly changing economic and technical capabilities. Presented decision allows conclusion that there was a great number of interpretations of the concept of real estate in Polish law.

18

The Concept of Negative Integrity: A Call for Philosophical Re-emergence of the Impeccable Judiciary

75%

Kozłowski T.

Krytyka Prawa. Niezależne studia nad prawem

|

2021

|

vol. 13

|

issue 3

47-63

EN

The main purpose of the presented research project is to prepare an initiating answer to the present state of judicial integrity recognised as the top of legal professions and the legal system as such. The method comes mainly from the Oxford analytical jurisprudence, nevertheless, the historical and interdisciplinary approaches, as well as a legal practice, were taken seriously into consideration. The main theses and their scientific standpoints are: (i) at present, we are facing the disintegration of integrity; (ii) one of the sources of it lies in the very grounds of major jurisprudential terms, understood as parts of the Hartian internal point of view and that there are fundamental analytical paradoxes of integrity, generating practical dysfunctionalities; (iii) it is possible to solve main problems through a completely new approach: an ontological turn in the philosophy of law causing the idea of law as a concept and a new concept of integrity, namely ‘negative integrity’. It could be easily and effectively treated as practical support for firstly improving judicial integrity and secondly legal practice in general.

19

Informatyka prawnicza a argumentacja prawnicza

75%

Lewandowski S.

Studia Iuridica

|

2014

|

vol. 59

205-216

EN

Although legal informatics and legal argumentation do not belong to the latest topics in the Polish literature, they are rarely discussed together. Prima facie, it may seem that these fields are considerably different from each other, have little in common and even to some degree are competitive against each other. Argumentation is associated with justification, giving the answer to the question “why?”, whereas informatics is perceived as the expression of strict and condensed knowledge. A computer solution resembles a mathematical result obtained after entering the data while the world of law is not a mathematical model. A slightly deeper analysis of the subjects of research, goals and tasks which legal informatics and legal argumentation have to face shows that these disciplines, when skillfully used, may give each other wide support. Legal informatics may provide and frequently does provide far-reaching assistance in finding and gathering arguments. On the other hand, argumentation protects against mechanical and uncritical use of the achievements of legal informatics.

20

Obszary wolne od GMO w Polsce

75%

Gała P.

Studia Iuridica

|

2014

|

vol. 59

59-70

EN

The matter of admissibility of broadly defined application of genetically modified organisms raises many controversies in Poland. At the same time, in default of substantial content-related public debate, many myths, ambiguities and misgivings have arisen about the issue. In the European and Polish law, a lack of regulations defines expressis verbis the concept of “GMO-free regions”. But, it appears that it is of various meanings. Sensu stricto, “GMO-free regions” would cover a definite territory within which genetically modified organisms are not generated purposely for deliberate release to the environment. The broad meaning of “GMO-free regions” would cover a territory within which genetically modified organisms are not only not generated in order to be deliberately released to the environment, but their closed use, placing on the market or processing are also prohibited. The analysis of the applicable legislation indicates to the fact that Poland has not established outright and directly such regions, in particular concerning: deliberate use of genetically modified organisms within the territory of the Republic of Poland, deliberate release of genetically modified organisms into the environment and placing GM products on the market. The different situation appears in the case of admissibility of cultivation of genetically modified plant varieties within the territory of the Republic of Poland. In this case, in point of fact, Poland has become “GMO-free region”. The restrictions provided with regard to this issue have already had no primary defect in a form of their clear inconsistency with the law of the European Union, as they are not of global nature. However, still open to question is whether the reasons indicated by the Polish legislator in favour of restriction to market seed of particular genetically modified plants within the territory of the Republic of Poland can be contained in admissible limits under the protective clauses of Directive 2001/18/EC of the European Parliament and the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Directive 90/220/EEC of the Council and Directive 2002/53/EC of the Council of 13 June 2002 on the common catalogue of varieties of agricultural plant species. It may raise some doubts especially after the reading of argumentations of regulation drafts specified above, which in large degree are based on the scientific argumentation of the Republic of Hungary and the Republic of Austria, however not supported by specific domestic scientific researches.

Refine search results