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The study is devoted to organizing the legal space of the Universe based on "ius naturale," morals, and consuetudes of space activities, with the prospects for the existence of extraterrestrial intelligent beings in the Universe. On the grounds of the results of the study, 7 natural factors and 2 technical factors are identified, the influence of which determines the spaces to which the sovereignty and jurisdiction of both states and all of humanity extend. Based on these factors, the NMC Concept "natura, moribus et consuetudines" is proposed, according to which, due to natural and other factors, all outer space above the Earth's surface is divided into a "domestic room" (our Solar System) and an "alien room" (outside the Solar System), the boundary between which are the Kuiper Belt and the center of the Sun. At the same time, it is proposed to apply the principle of "Res Communis Humanitatus" to the "domestic room", and the new principle of "Res Nullius Civitatis et Res Communis Animal Rationale" to the "alien room". Additionally, the authors emphasize the fact that the above factors have already formed the structure of the "domestic room" regardless of the existing intentions and suggestions, leaving the world to recognize and accept it. Within the structure of the "domestic room", the following two types of spaces have been formed: the "unified and sovereign spatial-territorial domains of states", to which the exclusive jurisdiction of states extends, and "Res Communis Humanitatus", to which generally recognized international law extends. In these circumstances, considering all natural and technical factors, the authors take notice of the allocation of two separate layers in "Res Communis Humanitatus": "Orbital layer" and "Ballistic space". The authors also propose developing a "sanitary atmospheric zone" to ensure humanity's safety from the effects of the "X" factor. Moreover, the authors suggest applying different principles of international regulation to the "Ballistic space," the "Orbital layer" and the space beyond it, based on the mechanisms of "tacit consent," "silent disapproval", "active consent", and "active disapproval ". The result of this research is a draft Pact for the Cosmos. [ABSTRACT FROM AUTHOR]

This paper aims to present the procedural treatise Parvus ordinarius as a valuable object for research into the history of the ecclesiastical judiciary in medieval Bohemia. One manuscript of the Parvus ordinarius, currently stored under the signature VIII.G.5 in the Prague National Library in Klementinum, serves as the source base for the study. There is good reason to believe that this very codex played a role in the judicial practice in the Czech lands in the (pre-)Hussite period. Firstly, we know from the ownership note that it once belonged to Pavel of Slavíkovice, a liberal arts bachelor at the University of Prague, who worked as a notary and became a criminal judge of the clergy in Prague before 1436. Secondly, the Prague version of Parvus ordinarius met the needs of the domestic legal environment thanks to the gloss added to the treatise in the first half of the 14th century. These remarks written down by an unknown jurist have not been edited so far and thus have escaped the attention of scholars. Of all the content of the Parvus ordinarius, the focus is on the appeal, seen as a merge of traditions of both Roman and ecclesiastical law. As argued in the text, the chosen topic is a great starting point not only for multidisciplinary collaboration between lawyers and historians of different specializations but also for the search for links between the functioning of the judiciary in the past and the present.

The incorporation of the Bill of Rights against the states through the Fourteenth Amendment belongs among the most complex topics of American constitutional law. The first question to ask is obviously “Was the Bill of Rights incorporated against the states with the ratification of the Fourteenth Amendment?” Even if we answer this essential and difficult question in the affirmative, we face another one, no less important, which is: Through which of the clauses of section one of the Fourteenth Amendment was incorporation implemented? Among the proponents of the incorporation theory we find two groups: one that advocates incorporation through the privileges or immunities clause and another one that supports incorporation through the due process clause or the so called doctrine of substantive due process. Substantive due process is one of the phenomenons of American constitutional law that influenced legal evolution in the United States in a fundamental way, mainly during the 20th century when the concept of substantive due process experienced a steep rise that manifested itself not only in the area of protection of rights and freedoms not explicitly mentioned in the Constitution, but also those clearly mentioned in the amendments that constitute the Bill of Rights. It was the very substantive due process doctrine which was used by the federal Supreme Court as basis for gradual incorporation of the individual guarantees contained in the Bill of Rights to state and local level. It is, however, necessary to ask whether the Supreme Court, while trying to reach this goal, did not embrace a doctrine which lacks basis in the text of the Constitution and the traditions of the common law, thus being only an artificial creation of the Supreme Court itself as to this day, many suggest. This paper deals with the origins, historical meaning and evolution of the concept of due process and tries to show whether the substantive due process doctrine has a real legal foundation and can therefore serve as means for incorporation of the Bill of Rights.

In this article, attention is paid to the examination of the criminal law provisions that regulated the punishment of riotous acts in socialist Czechoslovakia, with an emphasis on the application of the criminal offence of rioting by the District Court for Prague 1. In addition to the common cases of rioting, cases with political overtones and the possibility of abusing the crime of rioting against people who were inconvenient to the regime (dissidents) are also included. The first chapters generally address the legal regulation of riotous offences since the fifties. The fifties are also supplemented with contemporary cases. The article’s core consists of subsequent chapters focusing on the regulation of rioting according to § 202, codified in the Criminal Code of 1961. For a better understanding of the legal regulation at that time, there are cases from the then-practice, which were handled by the District Court for Prague 1. The following part pays attention to riotous acts that accompanied the opposition to the regime at that time, and the last subchapter points out the misuse of the crime of rioting and the distortion of its factual essence by the then-state against its opponents.

The aim of the study is to show the consequences for the Hungarian Piarist Order stemming from the ecclesiastical reforms of Joseph II. (r. 1765–1790). Both Maria Theresa (r. 1740–1780) and her son, Joseph II wanted to restructure and re-regulate the relationship between church and state. The wide-ranging reforms introduced during their reigns affected social, economic, cultural, judicial and legal life, as well as education. The Church and its different branches like the religious orders (ordo regularis) were the cohesive elements of this program: as a kind of supranational institution, it was the responsibility of the ecclesiastical administration to introduce, operate and control it. Without the state-church structure, the system as a whole would have remained dysfunctional. In fact, in relation to the objectives of Maria Theresa and Joseph II, we should not speak primarily of church reform, but of the modernization or centralization program of the multi-ethnic Habsburg monarchy. The Piarists are considered the most committed supporters of the 18th-century reform spirit, who, as a teaching order, also incorporated the new scientific achievements of the time into the education of the youth. The activities of the Piarists received great support from Maria Theresa and Joseph II, who entrusted them with the creation of many new educational institutions. Paradoxically, this relationship of trust almost led to the dissolution of the Order in the Josephine decade, when the Emperor sought to exploit the Piarists by dissolving the Order and employing its members in the state. This was ultimately hampered by scarce financial resources, but the existential fear of dissolution and the loosening of the order’s ties led many religious (lat. religiousus) to leave the community and continue their careers as diocesan priests or lay teachers.

The Roman law doctrine res extra commercium has excluded certain objects from civil-legal transactions, some of which were related to divine service or otherwise religious purposes. The Roman law doctrine designated them as res divini juris, which referred to all the objects dedicated to the Gods. The theory of res divini juris developed predominantly in civil law jurisdictions based upon the basis of the old Roman law doctrine, and could be found in legal literature, textbooks, legislation and, case law. Since the times of the Ancient Rome, the attitude to the legal status of res divini juris gradually alterated, as well as the scope of its encompassment. Despite being formally excluded from any civil-legal transactions, such objects ceased to be completely excluded from legal relationships and disputes, and are afforded with proper legal protection. Throughout the ages, courts in different states have applied and discussed the doctrine of res divini juris in various legal disputes. Complicated legal disputes concerning res divini juris also arise a question, of whether res divini juris are always res extra commercium, and if not, what are the exceptions from the rule, if any? Finally, could it be estimated, what chattels may belong to res divini juris? Do the valuable archeological findings belong to res divini juris? The article discusses the existing law doctrine of res divini juris and the applicable case law in a form of a comparative analysis in order to establish the legal status of res divini juris.

Book review on LÖHNIG, M. – MOSZYŃSKA, A. (eds.) Reception of the ‘Limited Liability Company (GmbH)’. Vídeň: Böhlau Verlag, 2024, 284 s.

More than thirty years have passed since the change of regime and the question of what can be done by those who were under state surveillance in the previous regime is still relevant. How can a victim find out who tore his family apart, who ruined his career? Will the identity of the collaborators ever come to light? Can these people still participate in public life and hold public office today? In our study, we take stock of the specificities of the subject in Hungary and the obstacles to facing history. We conclude that the exclusion from holding a public office is overdue, the documents are incomplete, their authenticity is questionable, and the issue is sensitive because of competing fundamental rights. The generation that has become of age since the change of regime is less and less interested in our immediate past. This trend is dangerous, because the unresolved past contributes to the blurring of the dividing line between the two regimes to the point where, faced with the new difficulties, society is left longing for the old. Will there be a real change? The legal possibility (at least in the field of information compensation) is still there, and this is what we show in our study.

This paper focuses on a significant phenomenon that existed mainly in the late 1950s and 1960s – the comrades’ courts. In the introduction, this social organisation is mentioned in Czechoslovakia, but then the paper provides brief information on the similar institutions in USSR, Hungary, Poland and Romania. The work is divided into thematic parts based on countries, where the legislative development and the organisation of comrades’ courts are included, but also this paper contains information on procedures and sanctions. Finally, an attempt is made to evaluate and compare these institutions.

ABSTRACT Polyvalence of laughter: Homeric cases of ἄσβεστος γέλως The present article intends to analyze the three different Homeric cases of ἄσβεστος γέλως (Il. I 599; Od. VIII 326; XX 346). By considering both linguistic elements which are referred to the noun γέλως and some narratological aspects in relation to which the lines being discussed could be considered, the purpose of this article is to give a specific interpretation of the different scenes. More specifically: in the first part, I will discuss the possibility that the Homeric laughter is related, from a semantic and linguistic point of view, to the idea of a physical movement; in the second part, I intend to show that the massive use of γέλως displayed by the gods who make fun of Hephaistos could be interpreted as a sort of psychological displacement; in the last part of the article, I show a vital trait of the Homeric unquenchable laughter, namely the fact that each and every detail referred to it leads to think that this kind of laughter is an exclusive prerogative of the Olympians: whenever it involves human beings, it brings nothing but madness and death.

ABSTRACT Translation according to Flavius Josephus As a contribution to the clarification of the identity of Flavius Josephus, the present material aims to elucidate what role Josephus played as a translator of the Holy Scriptures. For this purpose, we take as a basis the Jewish Antiquities, since it is in its first ten books that Josephus translates the contents of the Bible. In order to understand what attitude this author took to the text, it is necessary to know what he understood by ‘translation’. Such an investigation is necessary given the confusion caused, on the one hand, by Josephus’ own stance towards the sacred texts and, on the other hand, by his manipulation of these texts. The study of the Greek word μεθερμηνεύω sheds light on the matter, for although it literally means ‘to translate’, the translation to which Josephus alludes is different from the one we know today. An examination of the word shows that, in antiquity, the ἑρμηνεύς was an interpreter rather than a translator. And in accordance with this idea, Josephus seems to fit the term ἑρμηνεύς, since he interprets the Bible and makes use of various models in order to give us a work as complete as possible.

ABSTRACT A study on the debate between Tullus and Fufetius in book III of Dionysius of Halicarnassus’ Roman antiquities The panorama of rhetorical studies in historical works is strongly focused on various and canonical authors (as Thucydides, Xenophon, Polybius, Herodotus), but it lacks for what concerns Dionysius of Halicarnassus and his work Roman Antiquities. The purpose of the work here presented is to offer a perspective on Dionysius himself and on how he uses λόγοι in order to help build a cohesive narration. The importance of λόγοι is proved by the analysis of the conversation occurred between Tullus, king of Romans, and Fufetius, king of Albans. Considering the war between the Romans and the Albans as the central theme of Book III, we can identify sections that serve as introductions and conclusions to the action. The group of speeches under analysis can be seen as the beginning of the ascent towards the climax of the action, which is the war.

ABSTRACT Sophocles without his χλανίς: a note to a comic and scholarly anecdote This note examines the anecdote concerning Sophocles and the stealing of his cloak, which was told by the peripatetic Hieronymos of Rhodes. After discussing the previous studies about the anecdote, the paper turns to define the elements employed in writing this ancient scholarship piece about tragedians: many parts of the story can be traced back to ancient Greek comedy and, especially, to Aristophanes. Similarly to other anecdotes recorded by other Hellenistic scholars, this story too owes much of its material to the comic literary criticism, eminently represented by the motif of stealing a χλανίς. Through a further analysis of the epigram (fr. eleg. 4 West) it is eventually showed that the reuse of comic topoi is also extended to the fictional quarrel between Sophocles and Euripides, which is about plagiarism rather than (only) about Sophocles and Euripides’ lovers.

ABSTRACT Parthenius, Erotica Pathemata 26 and the local Milesian historiography. Considerations on the annotations to the codex Palatinus Heidelbergensis gr. 398 This paper consists of an examination of some main aspects and problems of the notes that the Codex Pal. gr. 398 preserves on Parthenius’ Erotika Pathemata. It further systematically examines some characteristic features of the annotation work with the aim of a historiographical reading of the phenomenon. This contribution mainly examines the notes of Pathema 26 (f. 186r), the features of which might allow us to shed light on the annotations in their genesis and contribute to the understanding of at least some aspects of fragments of local historiography traceable in the notes.

Book review on VACEK, Josef. Apelační soud v letech 1627–1727. Studie a prameny. Praha: Auditorium, 2023, 240 s.

The article is concerned with the legal aspects of pharmacies in the Habsburg monarchy at the turn of the 20th century. The framework issues were regulated by law. These included such important issues as the opening of pharmacies, defining at the same time the requirements for their operation and the procedure for granting a licence, as well as the fees to be paid by concessionaires and specifying the circumstances for losing a licence. Furthermore, the possibility of opening branches was introduced. In turn, issues related to ‘everyday practice’, such as the possibility of opening on Sundays, were regulated through regulations. The duties of pharmacists were defined in detail, as well as the appearance and equipment of the establishments themselves. The specific rooms of which a pharmacy was to be composed were indicated, along with a description of their purpose and prohibited activities, and a list of the equipment or instruments with which they should be equipped. In practice, however, attempts were made to prevent any emerging abuses through official inspections carried out by doctors or reports sent to the authorities.

The article presents a study dedicated to the analysis of legal advice given in Nowy Kurier Warszawski, a Polish-language German newspaper published in the General Government during World War II. The publication is primarily based on an analysis of press sources, employing a quantitative research methodology. It aims to answer the following research questions: How much advice was given each year? What was the average distribution per issue? Which legal fields were covered by the legal advice, and in which fields was the most advice given? What was the distribution between legal advice regarding pre-war law and German legislation? What were the main types of cases (problems) within each category of the provided legal advice? To what extent, if at all, was legal advice instrumental in imposing the German perspective (interpretation of the law)? Through the analysis of the legal advice provided to readers, the author intends to present a partial picture of everyday life in the General Government. The thesis of the article posits that the legal advice published in Nowy Kurier Warszawski primarily had an informational character for the residents of the General Government, often concerning issues that extended far beyond the legal sphere. They were not a tool of propaganda for the German authorities’ legal system.

The purpose of this article is to trace the evolution of the legal titles under which aldermanships were possessed in royal towns in the period from the mid-14th to the mid-16th centuries. As the analysis of royal documents shows, interest in increasing control over the turnover of aldermanships can be noted as early as the reign of the first two Jagiellonian kings. This is confirmed by the increased frequency of the clause of obligatory royal consent in alienation. However, control of turnover was only the first step in a deeper evolution to move away from divided ownership to pledge and sale with a right of repurchase. These latter legal titles provided the monarch with greater freedom in the trading of aldermanships, thereby enabling him to use aldermanic property to reward merit and for broader personal political purposes.

The reign of Stanisław II August (1764–1795) was a period of generous distribution of titles of nobility in the Polish-Lithuanian Commonwealth. Bringing in and promoting foreign elites was seen as a chance to lift the Polish-Lithuanian elective monarchy out of the crisis that had been deepening since the socalled Saxon times (1697–1763). This policy was served by the granting of indygenat, which gave the status of Polish nobility to foreign nobles. This status was given to members of de Verny family from Lorraine, who, being loyal to their new homeland, made efforts to preserve its existence.

The article focuses on vocabulary related to political identity of the Polish Crown’s nobility in sejmik acts. These sources often mention identities related to particular territories, the larger whole (the Commonwealth, ojczyzna – “fatherland”, korona – “the Crown”) and one’s legal estate, while religious and ethnic identities are fairly rarely referenced. The linguistic changes are presented through consecutive 40-year divisions of the time frame under study. In the period until 1611 the word korona, as well as terms related to abstract political ideals, appear more often compared to subsequent decades. With time, references to local identities increasingly dominate mentions of the larger ones. The period 1612–1651 is a time of increased attention to the ojczyzna and signs of civic mobilization. The period after 1651 confirms the domination of the word rzeczpospolita over ojczyzna and korona, as well as a focus on bureaucratic functions and military survival of the polity. Word collocations serve as evidence to criticize anachronistic understanding of terms related to country identity in modern times (kraj, państwo, naród – “nation”, which contrary to popular depictions of the period signifies person’s descent more than any sovereign whole). The study shows the array of identity-related terms of the Commonwealth as a system of interrelated concepts, coalescing around the vision of political gathering of palatinates (at the sejm) and the citizens-brethren.

The academic journal Cracow Studies of Constitutional and Legal History has recently published a review article by Piotr Alexandrowicz entitled “The Emperor’s New Clothes – Remarks on Krzysztof Burczak’s Book.” The paper presents a biased evaluation of many aspects of the monograph. As the author states himself, he is not familiar with all the issues included in the monograph, and yet still he decided to review the book. Many of his opinions should be considered incorrect, although some of them seem accurate, and the fragments whose purpose is to make suggestions concerning the author’s knowledge of the subject should be left without comment.

Book review on VANÍČEK V. – KOTOUS J. (eds.). Posunuté jubileum. 1050 let od založení pražského biskupství. Praha: Nakladatelství Lidové noviny, 2024, 500 s.

In his article, the author deals with the issue of the “nationalization” of civil rights in the USA, by which, in the context of the issue, he means primarily the incorporation of civil liberties contained in the federal Bill of Rights at the level of individual states of he Union. As he explains, this incorporation was rejected until the Civil War based on the U.S. Supreme Court’s decision in Barron v. Baltimore in 1833. Other possibilities for such incorporation opened up after the passage of the 14th Amendment to the Constitution in 1868. However, even here, this solution was first rejected in the so-called “slaughterhouse cases” of 1873, when the “immunities and privileges clause” of the amendment was not used. The gradual incorporation of the Bill of Rights thus occurs only through the “due process clause” of the 14th Amendment, as evidenced in particular by the decisions of the U.S. Supreme Court adopted in the 20th century. This whole process, which very well documents the issue of the federal system in the USA, is primarily completed in the 1960s.

The adoption of the law on the establishment of an independent Czechoslovak state from 1918, which adopted the previous law of Austria-Hungary on Czechoslovakterritory, brought with it legal dualism. This was also manifested in property relations between spouses; while in the territory of the Czech countries this area was based on the dispositively applicable legal system of separate property of spouses, in the territory of Slovakia and Carpathian Ruthenia Russia two dispositive systems operated side by side, namely the system of separate property and the co-acquisition system, which were derived from the previous status arrangement of society. The solution to the legal dualism, which brought with it many problems, was supposed to be a legal arrangement that would be applied uniformly throughout the territory. After many discussions, the unification work took the path of a moderate revision of the provisions of the ABGB, while in this process the specific legal conditions of Slovakia and Carpathian Ruthenia were considered. The study follows the unification work in the field of civil law mainly on the basis of the discussions of experts who participated in the drafting of the Civil Code and the basic documents that were their results, while paying particular attention to the activities of the Slovak professional public, led by the Ministry of Unification and the Slovak Commission for the civil law as well as other experts who fought for the preservation of the institution of co-acquisition in the interwar period.

The study deals with an important Slovak lawyer, university lecturer and writer Anton Vavrinec Ottmayer who lived and worked in the capital of the Hungarian Kingdom for the first two thirds of the 19th century. The paper deals mainly with the lesser-known aspects of his career, in particular his scientific career within the Faculty of Law, where he was Dean for two years (1832–1834). He lectured on statistics, mining law and also published on the law of substitution. His literary works were written in Slovak, his professional legal works in Latin and German. In addition, he worked as an attorney and agent (lawyer) at the military court. In 1849 he was accused of insulting the majesty by the Austrian authorities, he was convicted and spent one year in prison. This put an end to his previous university career and he therefore started his own business. His aim was to build a waterworks in Pest. His activities were not always successful, he lost his house at auction and tax lawsuits were also brought against him. To this day, it is not entirely clear exactly when he died. Ottmayer’s life well documents the developments of Hungarian capital, the existential dilemmas, professional and political challenges for lawyers at the time. It also documents the university world and the professional issues that resonated in the professional press of the first half of the 19th century.

Until the founding of the Republic of Latvia, women were practically excluded from law studies and work in the justice system. The territory of Latvia was part of the Russian Empire and thus subject to the 1864 judicial reform and its laws, which required a law degree and experience to be eligible for working in the justice system and prohibited women from these positions. Following the founding of the Republic of Latvia in 1918 and, more specifically, the establishment of the University of Latvia which had a stronger focus on gender equality in 1919, Latvian women finally had the opportunity to earn the necessary degrees and pursue careers in the judiciary. However, to gain the required experience and be admitted to practice in the court, Bar association, or notaria, women initially needed someone to employ them. In this regard, specific well-known men with liberal worldviews played a significant role.

The article focuses on the functioning of military criminal justice in the period of the end of the First World War and in the first years of the First Czechoslovak Republic. The content of the article is a case study in which a criminal case is analyzed. The aim of this analysis is to outline the functioning of military criminal justice in the period under review, including the relevant legislation. Within the text, attention is also paid to the practical problems that the authorities involved in military criminal proceedings had to deal with.

The article concerns the origins of the well-known classification of corporeal and incorporeal things in Roman law, which follows from the development visible in the legal sources from Institutes of Gaius to the codification of the emperor Justinian. The wide range of non-legal sources dealing with the classification, mostly the philosophical works, from authors as Cicero, Seneca, Gellius, or Lactantius, is taken also into account. Two types of the classification based on the corporeality of things arise from all the analyzed texts. The first one uses the terms corporeal and incorporeal thing, but the legal sources, except the Institutes of Gaius and apart the non-legal ones, almost avoid it. The second one divides things with corpus and the ones consisting of rights and it is represented in the text of Ulpianus or Hermogenianus as well as in several post-classical legal sources. Nevertheless, the codification of the emperor Justinian adopts the formulation according to Gaius, whose proximity to the philosophy categories can be observed so the classification of the corporeal and incorporeal things.

The aim of this article is to highlight certain aspects of the application of Constitutional Act No. 74/1946 on the granting of citizenship to compatriots returning to their homeland, and to present some of the research brought to light from archival collections of the post-war Ministry of Labour and Social Welfare and of the Czechoslovak Foreign Institute. The article points out that remigration under article 1 of the above-quoted Constitutional Act was not merely a privileged naturalization as was remigration under article 2 – compatriots were legally entitled to citizenship. Attention is paid especially to the contemporary extensive interpretation, which we could capture through the maxim in favorem remigrationis. Hence, for example, the legal terms “liberation of Czechoslovak territory from enemy occupation” and “Czechoslovak resettlement action” used to be interpreted remarkably broadly in the administrative practice of the post-war republic. In addition, the study reflects on the concepts of nation that have been crucial in determining the state’s policy on compatriots and remigration, and it looks for parallels with the recent compatriot policy of the Government of the Czech Republic.

The article discusses the concept of constituent and constituted power in the context of the establishment of the Czechoslovak state in 1918 – the constitutional revolution, with a particular focus on the role of Alois Rašín, a key figure in this process of discontinuity from the existing regime. However, the distinction between constituent and constituted power fails to explain how a new legal order arises without overly idealizing the constituent power. Author suggests focusing on specific values, such as democracy, political rights guarantees, and equality, rather than on the ephemeral nature of power during the creation of a new regime.

The aim of the article is to present deeds relating to the foundation of the Altar of the Holy Cross in the cathedral church in Litomyšl. The main source on the topic is an original deed issued by Šimon of Prague, vicar general and officialis of the Bishopric of Litomyšl, dated 27 November 1417, written by the public notary Havel Duchek of Lysá. The document is deposited in the State District Archives in Svitavy, seated in Litomyšl, under inventory number 34. In 1397, Jan, called Mladeč of Branná, bequeathed the sum of one hundred schock of groschen to the cathedral church in Litomyšl for the foundation of a new altar for the salvation of his soul. He was already ill by this time. On 16 June 1402, Bishop of Litomyšl Jan IV. Železný issued a deed which created a new altar benefice in the cathedral church in Litomyšl. Jan Mladeč had already passed away. The executors of his last will were Bishop of Litomyšl Jan IV. Železný and Petr and Přibík, brothers of Hrochův Týnec, otherwise from Chroustovice. This follows from a joint deed issued by all three on 18 April 1405. The conditions to be met by the holder of the altar benefice were laid down therein. He was to perform his duties personally or through another suitable priest, and a statement is made on precisely how many masses were to be celebrated during the week. The study is accompanied by an edition of four deeds relating to the foundation of the altar: a deed of 16 June 1402, a deed of 18 April 1405, a notarial copy of both deeds drawn up on 16 May [1405, 1406 or 1408], and a notarial copy of the latter deed drawn up on 27 November 1417.

The abuse of Article 48 of the Weimar Constitution during the late presidency of Hindenburg has been criticized in many previous studies as one of the key factors of the collapse of the Weimar Republic that led to the establishment of the Third Reich, resulting from the lack of understanding of the parliamentary democracy. Whereas those criticisms have arisen primarily from the analysis of the consequences, this paper analyzes the issue of the executed presidential emergency powers with an integrative approach by comparing the arguments by Preuß, the drafter of Article 48, and Schmitt, taking into account the perspectives of members of the constitutional assembly as well as their contemporaneous intellectuals. While Preuß and Schmitt may appear generally contrastive in their beliefs and theories, some implicit logical agreements are observed, such as those on their interpretations of the relation between the first and the second sentences in Article 48, paragraph 2, and their thoughts regarding the handling of the law of the Reich that should be in Article 48, paragraph 5. With the findings of their commonalities and others in their theories, this paper attempts to contribute to refining the current systems of law and democracy for emergency situations in various contexts.

This essay offers a framework for understanding the change that occurred in the contacts between Jews and Christians between the latter decades of the Ottoman Empire and the early decades of the Turkish nation-state. Through analysis of a legal translation from Ottoman Turkish into Ladino from the early 1880s and a journal article in Ladino on a shared Jewish-Greek sports activity in the late 1940s, it shows how Jewish elites perceived Greeks and Armenians as role models because of their strong integration in Ottoman state and society and, later,the power of the local Christians became closer to that of the Jews, expanding. the possibilities for cooperation between the two minorities. [ABSTRACT FROM AUTHOR]

During the commercial revolution of the Middle Ages, the monetisation of economy gave rise to a series of cultural, legal and social challenges to the commonly accepted Aristotelian background. In this dynamic context, new forms of trade and contracts emerged, affecting not only commercial doctrines but also financial theories. In this framework, Franciscan economic speculation played a major role by analysing social realities with an entirely original pragmatism. Through his monetary reflection, Alexander Bonini not only gave a surprising explanation of the 'forms of money' but also praised the activity of the money-changers, considering their service (and related costs) fundamental to the realisation of a common benefit. His thought-provoking synthesis introduced many themes of the modern monetary doctrines. The article contains the first English translation of some crucial passages of the Bonini's treatise On Usury (De Usuris). [ABSTRACT FROM AUTHOR]

El 12 de mayo ocurrió el primer enfrentamiento de la guerra hispanoamericana en Puerto Rico (1898) con una batalla naval entre la Marina de Estados Unidos bajo el comando del almirante William T. Sampson y la Ciudad de San Juan, Puerto Rico. Durante el bombardeo, buques de Estados Unidos destruyeron estructuras militares e infraestructura civil, incluyendo un hospital, un orfelinato y una iglesia, además de causar 18 heridos y 5 muertes civiles. Aunque la literatura de la guerra hispanoamericana sugiere que el bombardeo de San Juan fue un acto ilegal de guerra por Estados Unidos, existe la necesidad de un análisis histórico jurídico a esos efectos, que incluya todas las fuentes primarias en recursos publicados y además la documentación localizada en archivos históricos, junto con el derecho internacional de ese período para comprender esta afirmación de una mejor forma. Por lo tanto, un análisis crítico de los hechos históricos, fuentes primarias y del derecho vigente durante ese periodo histórico podrá dilucidar el bombardeo de San Juan como un caso histórico donde la guerra a veces omite la justicia cuando bombardean contra civiles.

Il libro che presentiamo è il frutto di un lungo lavoro compiuto da uno studioso ben noto e di alto profilo, autore di monografie ed opere di sintesi dedicate alla storia del diritto occidentale ed alla comparazione giuridica. Tre sono i fili principali di cui è intessuta la ricerca che porta il titolo sopra indicato: una storia del pensiero giuridico di ispirazione confuciana della Cina classica e moderna, un confronto con le vicende del pensiero giuridico occidentale nel quale si ravvisano inattesi parallelismi tra le due storie d’Oriente e d’Occidente, in terzo luogo una serie di riflessioni sull’auspicato ritorno a quella che l’autore definisce la concezione classica di entrambe le tradizioni.

Ricordare la tragedia di piazza della Loggia a Brescia secondo le linee del convegno Stragi e strategie. Questioni di giustizia verità e memoria ha indotto a ripercorrere le tappe di dieci anni di storia italiana: anni devastati dai tentativi di abbattere i principi della costituzione democratica. Le strategie dei movimenti della destra eversiva furono architettate per incutere terrore e disorientamento nei cittadini. Dal punto di vista ideologico e politico, l’eliminazione del principio dell’equilibrio dei poteri fu perseguito con tre tentativi di colpi di Stato tesi ad instaurare governi autoritari. Alla volontà di indebolire ulteriormente la magistratura e di eliminare i «giudici rossi», si sono aggiunte numerosissime ‘deviazioni’ per impedire o alterare le indagini sui responsabili, mandanti ed esecutori, della strage ed è stato impossibile il completo accertamento della verità processuale e storica. Sono tutti aspetti facilmente tracciabili attraverso il «groviglio processuale» che non ha ancora consentito di fare completa giustizia a cinquant’anni dal tragico 28 maggio 1974, dopo cinque fasi istruttorie e tredici processi.

Si propone una riflessione sulla parità di genere in connessione con il principio di indipendenza della professione forense attraverso un’analisi storica tra età liberale, fascismo e periodo repubblicano sino ai giorni nostri. Se, da un lato, infatti, l’esclusione delle donne dalla professione forense nell’Ottocento può essere ricondotta anche alla scarsa autonomia degli ordini degli avvocati, dall’altro, la loro ammissione dopo il 1919 non ha comportato l’uguaglianza nell’esercizio della professione, con gravi ricadute sulla professionalità dell’intera categoria.

Le brevi note intendono illustrare il contesto dal quale ha avuto origine il convegno commemorativo della Strage di Piazza Loggia a Brescia (28 maggio 1974), organizzato grazie alla sinergia fra Università, istituzioni culturali e tessuto sociale cittadini e tenutosi presso il Dipartimento di Giurisprudenza. Lo hanno animato due testimoni di quella tragedia, umana e civile, e due importanti storiche del diritto: stragismo, eversione, terrorismo, Stato e apparati deviati, verità, giustizia e società civile sono alcuni dei temi che, valorizzando la memoria attraverso la storia, sono stati affrontati nei contributi al convegno, ai quali ora è data veste scritta in questa rivista.

Under international law, it is each State’s obligation and responsibility to recognize the most serious crimes committed against the international community, as well as criminalize and conduct effective investigations and prosecution of them. The establishment of a permanent International Criminal Court, whose well-known complementarity principle is one of its central tenets, has finally emerged as a pillar in the fight against the impunity of international crimes. The article derives from various implementations a test for determining the characteristics and functions of the correction function of international law, thus presents the argument that the Rome Statute’s complementary role provides a corrective function.

Il saggio analizza la posizione di Giuseppe Codacci-Pisanelli (1913-1988), accademico e costituente, sul tema dell’introduzione del decreto-legge nella Costituzione. Disdegnando l’approccio meramente biografico – già noto e divulgato –, l’approfondimento offerto investe unicamente la vicenda scientifica di Codacci-Pisanelli rispetto alla teorizzazione della necessità quale condizione legittimante il ricorso del Governo ai provvedimenti provvisori con «efficacia di legge ordinaria», poi trasfusa nel dibattito assembleare. L’accennata teorizzazione – ascrivibile, per certi versi, alle originarie e più significative espressioni della scuola italiana di diritto pubblico fondata da V.E. Orlando – non fa ritenere che la necessità «possa essere interpretata come fonte del diritto in se stessa»; tuttavia, essa manifesta uno di quei casi «in cui debbono ammettersi particolari ed eccezionali forme di produzione giuridica». Rispondendo all’esigenza di vivificare il pensiero giuridico di Codacci-Pisanelli, lo scritto, sul finire, relaziona la costruzione costituzionale che si è poi determinata nella Costituzione repubblicana con l’ultimata elaborazione che ha portato a compimento la stesura dell’art. 77 e la complessa gamma del fenomeno, tanto alla luce delle esigenze del procedimento legislativo, quanto delle relazioni fra soggetti politico-costituzionali.

A realistic approach to common law is one of the most authoritative views on the role and potential of judges in law-making. American judge Oliver Wendell Holmes, Jr. was a mastermind of legal realism and held a very special position among his fellows. Conventionally, legal realism is considered a progressive and innovative movement of the late XIX and the first half of the XX centuries. However, as this study demonstrates in several respects, some of its proponents can be labelled conservatives who defended their view of the traditional approach of judge-made law. Realists inspired by Holmes countered the formalist trends within common law, which was initially and historically alien to them (e.g. Langdellism). The formalist methodology and its results were often reminiscent of the Reception of Roman Law, which ancient common law rejected. Not surprisingly, it was highly criticized as an imposition of artificially invented legal ideals on a particular society regardless of its real-life experience. Based on Holmes’s original writings and their credible interpretations, this survey aims to explore his anti-formalist approach within a broader context of its theoretical origins. It reveals the historical and legal roots of the ‘realism formalism’ antagonism in the common law, reflecting, as a result, the global contrast of two civilizational approaches to legal epistemology (common law v. civil law). Case-based conceptual legal thinking typical for common law is considered through the lens of Holmes’s findings on the process of gradual formation of legal principles. Realistic aspiration to ensure that law reflects the actual demands of the community is explained as a claim for real democracy as opposed to the formal one. A refreshing contextual view of Holmes’s teachings may unfold for a continental reader the possibility of treating the modern concept of deliberative democracy and models of constitutional interpretation, such as the living constitution or popular constitutionalism, from the perspective of a realistic approach.

Questo saggio ricostruisce la storia dei processi celebrati per la strage di Piazza della Loggia – 28 maggio 1974, otto morti e oltre cento feriti – legata – come altre tra il 1969 e il 1980 – alla strategia della tensione. Al tempo della guerra fredda, per la paura del comunismo al potere anche in Italia, i Servizi opposero il segreto politico-militare agli inquirenti, depistarono le indagini, ritardarono di decenni la condanna dei responsabili, esecutori materiali, fiancheggiatori, mandanti; molti rimasero impuniti. In quegli anni la magistratura e la cultura giuridica avvertirono un campo di tensione tra le logiche del processo penale, inteso ad accertare la responsabilità dei singoli imputati, e la verità storica, anche oltre i ‘vincoli’ processuali. Il giudice si fece ‘storico’; la sentenza 22 luglio 2015 della Corte di assise di apppello di Milano considerò le risultanze dello stesso processo come «prova» e collocò la strage nel suo «contesto». La ricerca del ‘perchè’ dello stragismo porto al ‘chi’, nell’«ambito storico-politico, ma anche in quello giudiziario»; il 20 giugno 2017 la Cassazione confermò la strategia processuale, rendendo definitive le condanne di Carlo Maria Maggi – ‘capo’ indicusso di Ordine nuovo – e Maurizio Tramonte – collaboratore dei Servizi – all’epoca esponenti della «destra radicale di matrice eversiva».

Durante la Grande Guerra nell’ottobre 1917, proprio in uno dei momenti di maggiore difficoltà nella conduzione della guerra, si inaugurava nell’ordinamento italiano, accanto alla censura della stampa delle note pagine bianche, la norma che andava a colpire la libertà di espressione di qualsiasi cittadino. La norma mirava a colpire non solo le notizie false o semplicemente scomode ma anche le voci ritenute disfattiste, ricomprendendo nelle voci sia commenti e sfoghi del singolo cittadino sia la propaganda organizzata antimilitarista, in primis quella socialista. Questa normativa eccezionale diventò la premessa storica e ideologica della repressione del disfattismo politico del codice Rocco. Più in generale, rivela come il regime fascista si sia appropriato della guerra non solo come momento fondante, ma anche come condizione esistenziale entro cui concepire la più importante legislazione fascista in materia penale e definire i rapporti interni tra individui e Stato e tra gli Stati. Lo studio intende seguire i percorsi normativi argomentativi e ideologici che dalla Grande Guerra, attraverso i provvedimenti del 1926, portarono alla definizione del reato di disfattismo del codice penale fascista.

I termini «spartenza» e «restanza» non definiscono solo due esperienze complementari legate al fenomeno migratorio, partire e restare, ma evidenziano la comune identità giuridica del cd. «popolo di mezzo», sospeso tra fuga e stanzialità, tra diritti e status perduti ed altri non ancora acquisiti, che percepisce sé stesso comunque e ovunque «fuori luogo»: una «minorità giuridica» la cui denuncia emerge da una corposa letteratura popolare, i cd. «canti di spartenza» capaci di suscitare risposte dal basso e di superare lo stigma recuperando l’identità perduta.

The aim of the article is to present processes and changes that took place in the Polish People’s Republic in the early 1980s in connection with the activities of the Independent and Self-Governing Trade Union „Solidarność”. In this context, it is necessary to show how the then state authorities understood the rule of law (socialist or popular perceived through the prism of the views of Marx, Engels and Lenin). Taking into account the one party rule in Poland at that time, this article will analyze literature in the field of law. It will investigate, first, the writings of Jerzy Bafia, who for many years had an influence on shaping the law in Poland, first as president of the Supreme Court (1972-1976) and then as Minister of Justice (1976-1981). Second, this article presents an analysis of historical sources located in the Archive of Modern Records in Warsaw in the group entitled the Main Office of Control of Press, Publications and Performances in Warsaw. State censorship bodies during martial law in Poland influenced the discussion on the rule of law by controlling the press. Through censorship, the authorities attempted to weed out undesirable perceptions of the political system in Poland. From these documents, a picture emerges of the strategy of institutional censorship regarding the political and legal situation in the years 1981-1983.

L’articolo 1 del regio decreto n. 2325 del 1928 (Disposizioni per l’unificazione legislativa nei territori annessi al Regno) stabiliva che a partire dal 1 luglio 1929 dovessero entrare in vigore nei territori della vecchia monarchia austriaca annessi dal Regno d’Italia i codici italiani del diritto civile, commerciale e di procedura civile. Il successivo articolo 4 precisava, però, che «Fino a nuova disposizione l’ordinamento della Borsa Merci di Trieste continua a essere regolato dalle norme attuali ed è altresì mantenuto il giudizio arbitrale presso la Borsa di Trieste», perché il governo italiano prese atto di quanto fosse più conveniente conservare, anziché abrogare, le disposizioni speciali concernenti tale particolare tipologia di arbitrato commerciale. Di conseguenza, con l’approvazione del successivo decreto ministeriale del 21 giugno 1929 entrarono in vigore le nuove Norme di procedura relative al giudizio arbitrale presso la Borsa mercantile di Trieste, che recepirono nell’ordinamento italiano le vecchie disposizioni austriache contenute nello Statuto della Borsa di Trieste del 1912 concernenti lo svolgimento dei «giudizi arbitramentali», in modo da coordinarne il dettato con quello delle altre leggi italiane. Il modello asburgico così adattato alla realtà italiana dimostrò di essere particolarmente resiliente, visto che non fu abbandonato a seguito dell’entrata in vigore del nuovo Codice di procedura civile del 1942, né tanto meno dopo la fine del fascismo e la nascita della Repubblica.

Na primeira década republicana do Brasil (1889-1899), várias foram as dificuldades associadas ao nascimento da República e à estabilização dessa nova forma de governo. A própria construção de um novo Poder Judiciário. O novo Poder Judiciário republicano teve que enfrentar, nos primeiros anos, sucessivas declarações de estado de sítio que o convocavam a agir e responder sobre a questão, uma vez que ao Poder Judiciário cabia o papel de guardião da Constituição e protetor dos direitos individuais, em especial ao recém-criado Supremo Tribunal Federal. O Poder Judiciário foi, portanto, mobilizado, por meio de pedidos de habeas corpus, a se posicionar sobre a suspensão das garantias constitucionais, a constitucionalidade do estado de sítio e seus efeitos. Analisamos três pontos importantes: 1) como o Judiciário atuou em relação aos demais Poderes do Estado, em especial o Executivo; 2) como protegeu ou não as liberdades individuais durante o período de exceção; e 3) como o Judiciário exerceu seu papel de guardião da Constituição ao coibir os abusos de poder. Ao analisarmos essa década, notamos a existência de um tema de fundo permanente: o político e o jurídico, o conflito entre o que é político e o que é jurídico, a dificuldade de não misturar as questões e impor limites a cada uma delas. O novo Poder Judiciário procurou, assim, distanciar-se da política e alinhar-se com o seu papel de guardião da Constituição.