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EN
The study analyses the philosophical and cultural atmosphere of Middle Europe as observed by the Czech philosopher Václav Bělohradský. Writers and philosophers such as Robert Musil, Joseph Roth, Franz Kafka, Stephan Zweig, Ludwig Wittgenstein and others identified their personal and literary (literary-philosophical) lives with the historically unique and unrepeatable concept of Middle Europe. The Habsburg Empire of the 19th century embodied the epicentre of such uniqueness. The above-named philosophizing authors recognized the future European crisis in the agony of the multi-national empire, and the collapse of the Habsburg Empire in their works reflects the crisis of the occidental rationality. The hypertrophy of science, scientific rationality and its significance to the detriment of human life and emotions signifies that the rational, the order, legality and law take precedence over the spiritual. The culmination of this hypertrophy is reflected in the loss of personal responsibility for one’s actions – Robert Musil’s “The Man Without Qualities“ is born; in the present it is a person who “did not break the law“.
EN
The article deals with the legal regulation of the abuse of a domonant position in the European Union and the Slovak Republic, both built on the same principles. The attention is focused on the relationship between the general clause (concept) of the abuse and the list of concrete abuses having significance for understanding of the general concept of „abuse“, having no legal definition either on european or national level. It compares different approaches of the Slovak and Europeancse law as far as the possibility (legality) to impose fines for conduct qualified by means of general concept of abuse is concerned.
EN
Setting out from F. Braudel's theoretical basis of breaking up history into planes the author puts the question what kind of a process is modernisation in Hungary in respect of duration. Before suggesting an answer at first he clarifies what the concept of modernisation mean and what are the indicators of modernity. Centre and periphery are the two most important factors in the process, and the development of the former one is significantly achieved to the detriment of the latter one. Belatedness means the emulation of external pattern in the periphery, particularly in the globalised world economy. There is, however, no mechanical and linear development and it is not possible to transform a society by imported ideas and institutions. Modernisation can only unfold on the basis of the conditions of the given country. Next the author surveys the process of Hungarian modernisation and states that the country has become one without authority in the first decade of the 21st century. Further on he studies how far the political system is capable of and willing to sense and manage the problems, conflicts and changes of society. He studies political structure and culture and its pre-modern elements in this context. He finds that the inadequate elements of the state organisation and of the party system hinder modernisation. Among others the party system also does not form a modern party structure. The parties move along a forced track in the grave economic situation, their social base is uncertain and they are burdened by 'isms'. The author deals with the rule of law, legal security and the behaviour of the authorities and people as well as legal operation in a separate passage. Based on the election and governmental practice of the past twenty years he finds that anomic social phenomena do not promote the process of modernisation. For the time being modes of the solution of the economic crisis and the completion of modernisation are still awaited or are uncertain.
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