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In the article, the author reveals the features of the current state of scientific understanding of the phenomenon of law-making. It was noted that law-making occupies a special place in the activity of the state, the main purpose of which is the adoption, change and cancellation of legal norms formalized in the relevant forms of law. For law-making as a special form of legally significant activity carried out by authorized subjects (the people, subjects of public authority, public organizations), the question of its understanding remains important from a scientific point of view, which will allow a more accurate and comprehensive answer to the question of: 1) what exactly is created as a result of law-making; 2) what purpose it pursues; 3) what is its significance at the current stage of development of the legal system. Despite the fact that law-making has a long history of its scientific research and is currently represented by a wide range of approaches to understanding, it is worth noting that a clear doctrinal understanding of this phenomenon has not been developed in legal science. The presence of various approaches to its scientific understanding proves the multifacetedness of the studied phenomenon and requires strengthening the conceptualization of such scientific results. The above proves the relevance of the scientific development of law-making through the prism of its doctrinal understanding and the characteristics of the current state of its development. On the basis of a critical analysis of the views of scientists presented in legal science, which relate to the understanding of law-making, the author concluded that modern researchers justify the expediency of an expanded understanding of lawmaking, which is aimed not only at the creation of normative legal acts, but also other forms of law, in particular judicial precedents and international legal contracts and acts. It is proven that law-making is primarily a socio-cultural phenomenon, which is carried out in accordance with the interests of society, the state, etc. Therefore, the concept of «politics» plays an important role in understanding law-making, which characterizes law-making from the point of view of an independent sphere and direction of activity, which: 1) determines the content of law-making; 2) directs the work of responsible entities; 3) and most importantly, it ensures the gradual, objectively determined development of the legal system, statehood and civil society. [ABSTRACT FROM AUTHOR]

The "balancing exercise" engaged in by judges in cases involving conflicts of rights can be analysed in rhetorical terms as a process for resolving rhetorical antinomies, where an antinomy is understood as a contradiction between two equally justifiable conclusions drawn from two or more equally applicable rules or principles. By investigating the possible responses to antinomies and identifying their types, we can better understand the process of judicial decision‐making and the ways which international and national courts justify their decisions. [ABSTRACT FROM AUTHOR]

This article attempts to illustrate the originality, depth, and farsightedness of Joseph Raz's conception, especially his idea that legal norms provide us with protected reasons to act, that is, with first‐order reasons to behave as they prescribe, and with second‐order, exclusionary reasons not to act for reasons against what they prescribe. But the article also highlights some aspects that raise doubts in my mind, especially with regard to the scope of these exclusionary reasons. This in two ways: by asking, on the one hand, in what sense and subject to what limits legal norms provide exclusionary reasons for the organs entrusted with applying the law, especially for judges, and on the other hand, how and to what extent legal norms provide citizens with exclusionary reasons. So, in recognizing the strength of the Razian conception, the article also points to some of the difficulties it faces. [ABSTRACT FROM AUTHOR]

The article tries to answer a very important problem faced by legal practitioners of all times, namely the problem of the relationship between equity and law. The perspective of a judge on this aspect is complemented by that of prestigious authors who have reflected on the most appropriate way of applying the law. In the article they are analyzed two major currents of interpretation of legal norms, which are still facing each other in the theory of law, namely textualism and purposivism, the first current claiming that the interpretation of the legal norms must be done exclusively on the basis of the text of the law, and the second that the legislator's intention or purpose must also be taken into account. It is also emphasized the risk that, through the interpretation of the law, judges will impose their views on state policy. Only equity can protect us from this risk, because it prevents arbitrariness. [ABSTRACT FROM AUTHOR]

Copyright of Brazilian Journal of Education, Technology & Society (BRAJETS) / Cadernos de Educação Tecnologia e Sociedade (CETS) is the property of Brazilian Journal of Education, Technology & Society - BRAJETS and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Croatian & Comparative Public Administration is the property of Institut za Javnu Upravu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A state governed by the rule of law establishes balanced legal relations. This article describes four scientific and theoretical approaches to the concept of legal relations, i.e., legal, subject-object, moral, and socio-psychological. According to the legal approach, legal relations are regulated by law. The subject-object approach defines legal relations as those that occur between subjects who possess certain rights and exercise them in relation to each other or to the objects in the legal field. According to the moral approach, society builds the system of law based on moral principles. This approach offers a step-by-step formation of law in the process of social development. Stage 1 shapes moral norms as a result of direct communication between community members. Stage 2 is associated with the individual assimilation of norms and the formation of morality. Stage 3 presupposes the arrival of legal norms. Stage 4 ends with the legislative consolidation of legal norms. The theoretical analysis revealed four socio-psychological processes in the development of legal norms: a) informal interpersonal communication yields moral norms, b) moral behavior patterns become internal, and moral consciousness appears; c) moral norms are exteriorized in the public consciousness, thus leading to legal consciousness; d) moral norms are legitimized, and legal norms become law. The socio-psychological approach considers such principles of legal relations as the sense of justice and equality.

When creating a legal system, a rational lawmaker formulates not only legal norms, but also binding legal values. The lawmaker does so either directly (e.g. through the principles of law) or indirectly (when the interpreter of a legal text assigns a positive value to a prescribed action and a negative value to a prohibited action). The specificity of the values, in particular their collision nature, means that if the lawmaker itself does not resolve the expected conflict, the court must do so. The lawmaker should do this in accordance with the pattern of applying values; a pattern that can be reconstructed analogously to the pattern of applying legal norms.

The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right to information and is a fundamental constitutional human right. The existing practice of the European Court of Human Rights confirms the importance of protecting the right of access to public information. It indicates to states that it is mandatory to comply with it, the expediency of applying an effective system of control measures to implement the right under study. The paper analyzes theoretical and legal approaches to understanding the human right to access public information and determines its place in human rights. An analysis of the practice of the European Court of Human Rights regarding the right to access public information made it possible to identify existing shortcomings in the legislation of the Member States and Ukraine and to find ways and methods for solving such problems and prospects for preventing such violations in the future, as well as the possibility of applying the decisions of the European Court of Human Rights to improve the current domestic legislation in this area.

The paper is an English translation of a part of Problemy podstawowe prawoznawstwa published originally in 1982. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

The text explores the connections and tensions between culture, law, and peace. It contemplates culture’s relationship with law, ranging from ‘high culture’ as art to broader definitions of culture as all things made by humans. The author defines culture as extra-legal norms. While many cultural norms don’t clash with law, conflicts emerge where they coincide but differ. The text examines instances of conflicts between legal and cultural norms and their resolutions, focusing on German legal and cultural developments. The author offers examples that demonstrate how conflicts between law and culture can be resolved through legislative changes, external influences, and gradual shifts in societal attitudes. The author concludes that peace prevails where legal and cultural rules align. [ABSTRACT FROM AUTHOR]

Purpose. The purpose of our research is to determine the content of the concepts of legal tradition and legal culture, as well as to establish their role in the process of national-patriotic education of young people. Method. The methodological basis of scientific research was a system of general scientific, special scientific and philosophical methods, as well as principles and methods of scientific knowledge. Results. It was established that «legal tradition» and «legal culture» are concepts of different content levels. «Legal tradition» is a more general and systemic concept, because it allows us to understand the way and reasons for the formation of the legal system, its evolution in historical being, the peculiarities of the implementation of legal norms, etc. Instead, «legal culture» reflects the level of development of the legal system at a specific stage of its development. It can be argued that «legal culture» forms «legal tradition». From the level of development of «legal tradition» and «legal culture» we can talk about the level of legal awareness of the country's population, about its legal activity and even legal memory. It is important that in today's conditions, when the influence of the information space is growing, globalization challenges are intensifying, various forms of hybrid conflicts are being implemented, national-patriotic education should be carried out exclusively at the level of transformation of legal culture and legal tradition. Scientific novelty. The thesis that the concepts of «legal tradition» and «legal culture» are important categories of legal understanding and express the way of formation of the legal system of a specific state is substantiated. At the same time, we consider the concept of «legal tradition» to be broader and such that it not only reveals historical experience in the process of formation and use of law by individual peoples, but also indicates the vector of development of society, reflects the level of its perception of law. Regarding the concept of «legal culture», it is narrower and primarily reflects legal perception in specific time frames. Both of these concepts are important in the context of implementing national-patriotic education. Practical significance. The achieved results can be used in the process of further theoretical and legal research, preparation of individual special courses.

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1265-1285 | Article | (Table of Contents) I. Introduction. - II. Differentiated law prior to Brexit. - III. Regime complexity and EU relations with non-Member States. - IV. The five worlds of financial market regulation. - IV.1. Securities and assets law and regulation. - IV.2. Banking law and regulation. - IV.3. Financial reporting law and regulation. - IV.4. Company law and regulation. - IV.5. Insurance law and regulation. - V. Conclusions. | (Abstract) How does Brexit affect the manner in which the EU manages financial rules and regulations with the UK? How does it change the EU's need to rely on differentiated law internally to overcome intergovernmental conflict over the proposed legislation? This Article examines five different areas of financial market regulation and shows how significant differences between the UK and the rest of the EU, but often Germany, could only be combined in EU law by significant discretions in how national law applied to a common policy, and protections to keep those distinctions intact. A consequence of Brexit is that the EU need not rely on differentiated law as much as in the past. A risk to this convergence is the potential for the EU becoming a rule taker from the UK through regime complexity, which would allow the UK to de facto determine EU financial market law.

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the problem of the two concepts of a legal norm. At first glance, such a problem does not seem very significant. A clash of doctrines. But in our opinion, such a problem has leading theoretical and practical importance. The same should be a guide and a corrective for legal theorists and those engaged in one or another dogmatic legal discipline. The problem has a significant primacy on the concept of law and its understanding and application. But for the full-fledged work with its concepts. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

"Where the force of the laws and the authority of their defenders cease, there can be neither liberty nor safety for any", wrote Shakespeare. The rule of law presupposes the obligation to respect the Constitution and the laws, as provided by the provisions of art. 1 paragraph (5) of the Constitution. In order for the law to be accepted and respected, it must present a certain legal security, assuming the requirements of accessibility and predictability, logical coherence and stability, features designed to capture the trust of citizens in its provisions. The need to match laws with time and not time with laws has been emphasized since antiquity. But, as we will show in the present study, the belief in the perfectibility of the law was gradually deprived of rights. The lack of accessibility and predictability of legal provisions is increasingly invoked before the Constitutional Court, which ruled, in numerous cases, on the violation of these requirements, by reference to the jurisprudence of the European Court of Human Rights, as the existence of interpretation problems and law enforcement is inherent in any legal system, given the fact that, inevitably, legal norms have a certain degree of generality. As the Constitutional Court ruled in its jurisprudence, the obligation to respect the laws does not imply, by its content, the provision of an inflexible legislative framework. Legislative intervention is necessary both to adapt the normative acts to the existing economic, social and political realities, but also to ensure a unitary legislative framework, which contributes to a better application of the law and to the removal of any ambiguous situations or inequities in the application of the law. [ABSTRACT FROM AUTHOR]

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The article provides a detailed analysis of the monograph V. F. Popondopulo “Human activity: legal forms of implementation and a public organization”. The review author notes the relevance of the monograph, its integrated and comprehensive nature, allowing to deeply explore the phenomenon of human activity as the basis of law enforcement. According to the author, the concept developed by V. F. Popondopulo has a high scientific and practical value, since it lays the foundation of the theory of law that promotes the crisis of the theoretical and methodological foundations of sectoral legal sciences, primarily the science of civil law. Even though in the monograph V. F. Popondopulo present certain discussion provisions, they, according to the author, not only do not reduce the values of the study, but also stimulate an in-depth study of the problems considered in the study.

The idea of legal pluralism is that law must always negotiate situations when multiple communities and legal authorities seek to regulate the same act or actor. In such situations, judges must develop strategies for determining how best to balance the competing claims of multiple communities: does the law of one community triumph, does the law of the other community triumph, or is some hybrid solution possible? This Article surveys the jurisprudence of Justice Ruth Bader Ginsburg, revealing that across a variety of substantive legal areas Justice Ginsburg often chose a path that provided maximum play among the legal systems at issue. Beginning with her earliest scholarly writings, she tended to oppose doctrines allowing one legal system to block another from adjudicating a dispute, and throughout her later career Justice Ginsburg likewise tended to reject brightline rules that chose one legal system over another. Instead, she seemed to prefer procedural arrangements that sought accommodation and flexibility, in order to ensure that multiple legal systems and a variety of norms and processes were respected. By taking stock of Justice Ginsburg's navigation of legal pluralism in a set of representative writings, we can better theorize her contribution to a jurisprudential approach that seeks ongoing negotiation in an interlocking world of multiple jurisdictions and multiple legal norms. Just as important, this discussion provides a case study for thinking more broadly about possible judicial responses to the reality of legal pluralism. [ABSTRACT FROM AUTHOR]

This study aims to analyze the corporate criminal liability system in Indonesia in a psychological perspective. The object of this research is limited to the Attorney General's Regulations, Supreme Court Regulations, and 18 laws outside the Criminal Code that recognize corporations as the subject of offenses in criminal law. The results of the study found that there is no single rule studied that regulates when a corporation can be held liable for criminal acts committed by the management, the corporation or both. Corporate criminal responsibility theories that develop in theoretical discourse are also not used. This condition will clearly make it difficult for law enforcement officers in handling criminal cases committed by or involving corporations. Even though the Attorney General and Supreme Court Regulations were made to fill weaknesses in corporate regulation in various laws, these two regulations are also inaccurate because they regulate legal norms that should be contained in legal products of law. Also, neither of them regulates the criteria for corporate criminal liability, especially regarding the punishment and the determination of actors in a psychological perspective. [ABSTRACT FROM AUTHOR]

From the outset, the Job Creation Bill was aimed at strengthening large-scale companies and investors. It is unfortunate because the formulation process was closed, rushed, including ignoring the principle of prudence in formulating changes to hundreds of articles of various laws without taking into account the social, economic, political and cultural impacts that will inevitably arise. Its formulation which involves business elites and procapital academics is also truly unfortunate. One of the legal issues highlighted is Law No. 32 of 2009 concerning Environmental Protection and Management (PPLH), especially related to Amdal (Analysis of Environmental Impacts). Where there is a legal issue that states this AMDAL is deleted. The purpose of this study is to examine the legal norms that contradict the constitutional rights of citizens as guaranteed in the 1945 Constitution in the formation of the Job Creation Law. The method used in this research is a qualitative method. The author uses a qualitative descriptive method in this research, as well as a literature study. The research in this paper is in the field of juridical-normative law. The results of the study Based on the various difficulties in the formation of the law, it seems that the Indonesian people have long felt as a developing country. The difficulties in the formation of this law are now more felt by the Indonesian people, who are currently facing various social problems based on multi-dimensional structural and cultural problems. In fact, the formation of this law now and in the future will continue to increase in response to the demands of the community along with the increasing complexity of the development and conditions of society. This can be seen from the demonstration against the Ratification of the Omnibus Law on Job Creation. [ABSTRACT FROM AUTHOR]

Copyright of Horizons of Politics / Horyzonty Polityki is the property of Jesuit University Ignatianum in Krakow and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explores the complex ways in which a legal norm can influence a socio‐spatial context. More precisely, the paper aims to contribute to the theoretical investigation of the nexus between law and space in the field of legal geography by proposing an analytical framework for the study of the spatial operativity of law beyond compliance. To do so, this work relies on the concepts of nomotropism (namely, "acting in light of the rule") and effectiveness‐as‐operativity. They imply that (1) any legal norm that has a causal relation with an action can be deemed effective regardless of whether such action conforms with or transgresses such norm, and (2) the impact of a norm is not confined to mere compliance. The paper then articulates the analytical framework derived by these theoretical insights with reference to different kinds of norms (law in actu and law in intellectu; law in books and law in practice). The relevance of the resulting theoretical structure for the investigation of complex socio‐spatial phenomena is finally exemplified through the analysis of a conflictual process for the establishment of a Muslim place of worship in Italy. [ABSTRACT FROM AUTHOR]

Copyright of Historia i Polityka is the property of Nicolaus Copernicus University in Torun and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Via Inveniendi et Iudicandi is the property of Universidad Santo Tomas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The association, when trying to formulate a definition, of the term right with the term law does not represent a new vision, or a vision exposed to criticism in itself. Rather, the present analysis is focused on the reproach that such a synonymy inevitably generates, one provoked by the persistence in establishing, evidently in a limitative manner, the significance of the concept of "law". Such a restrictive projection was going to prove itself, in time, extremely damaging, fact proved by the existence of historical arguments, and this vision is nowadays, unfortunately, more present than ever in the Romanian juridical environment. [ABSTRACT FROM AUTHOR]

The article "Interdisciplinary Temporalities" analyzes the reflection on historical time from different disciplines such as law, philosophy, and politics. It highlights the apprehension towards the future and the anguish derived from threats that endanger Western liberal democracy. The book addresses temporality in justice, the evolution of political regimes, and the validity of legal norms. It emphasizes the importance of understanding historical time to comprehend our past, present, and future. The text analyzes different approaches to temporality in disciplines such as conceptual history, sociology, and philosophy, and mentions authors such as Zygmunt Bauman, Fernand Braudel, Hans Ulrich Gumbrecht, Mikhail Bakhtin, Walter Benjamin, and Theodor W. Adorno. The text invites to establish synergies between these disciplines to better understand tensions and agreements regarding temporality. [Extracted from the article]

The objective of this article is to discuss the current state of the conceptual, theoretical and legal aspects of urban planning and sustainable tourism in Peru to face the challenges of the United Nations 2030 Agenda. Since the recent enactment of the Law on Sustainable Urban Development and the Supreme Decree that approves the Technical Code for Sustainable Construction, constructions are aimed at building inclusive spaces that preserve harmony with nature and the social development of human beings. On the other hand, sustainable tourism in the country is based on the General Tourism Law, which promotes national and regional plans aimed at local social and economic development, representing these precepts, the legal bases for the fulfillment of the goals of the 2030 Agenda. The investigation was carried out under the documentary methodological approach to later contrast the legal norm with the current state of the variables studied. [ABSTRACT FROM AUTHOR]

The concepts of law and morality in general and their relationships in particular have been the subject of ongoing dispute since antiquity. The main positions on this matter are known to be divided into two opposing camps: legal positivism on the one hand and natural law doctrine or legal moralism on the other. Whereas legal positivism advocates the view that law and morality are conceptually separated in the sense that the validity of legal norms does not depend on their compatibility with any principles of morality and justice, legal moralism maintains that law and morality are conceptually connected in the sense that valid legal norms must be in accordance with fundamental requirements of morality and justice at least to a certain degree. In the present context, however, there is no need to enter in this debate, for it will suffice to focus on the contingent empirical and functional interrelations between law and morality, leaving their conceptual relationships aside. To this end it is nevertheless helpful to take a brief glance at the very concepts of law and morality. [ABSTRACT FROM AUTHOR]

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In this Reply to the article by Nico Krisch, the idea of entangled legalities is questioned from a theoretical point of view. Pointing out entanglement empirically is not enough to give the concept body; it needs to be embedded in a theory of law. Elaborating Krisch's critique on seeing law as a system, I argue that entanglement implies a concept of law that is practice-based: a shift from norms to what actors do with law. A practice-based view of law focuses on interactions between actors, highlighting the social and value-laden character of law. This reconceptualizes systemic thinking as a tradition that has developed in legal practices and broadens the concept of law to include postnational phenomena as an integral part of what law is. Using an example from climate change litigation, I argue that this conceptualization tracks normative claims by legal actors that no longer make a sharp distinction between formal legal norms and other normative standards. Combining entanglement and law as practice thus helps to make sense of postnational legal practices. [ABSTRACT FROM AUTHOR]

The topic of legal principles has remained a well-discussed topic in legal theory since it first emerged from the discussions on the nature of legal norms and sources of law in the second half of the 20th century. Following the framework of the broader research on legal principles, this paper builds upon the analysis of how legal principles are understood in the Croatian legal science discourse. The fundamental character of legal principles has been recognized, but indeterminacy has not been given careful attention. This paper discusses open questions arising from the relationship between legal doctrine and legal theory in these aspects, with potential implications for solving conflicts among legal principles.

The article is devoted to the study of the specifics of the legal regulation of the use and development of artificial intelligence for the space area and the related issues of observation of fundamental human rights. Some approaches to the definition of artificial intelligence and the peculiarities of legislative provision of the corresponding area are considered. The authors concluded that, in order to regulate the use of artificial intelligence and space technologies, an international treaty should be adopted under the auspices of the United Nations, which would cover the creation of a law enforcement international agency monitoring artificial intelligence the observation of basic human rights in the specified area.

In the contemporary society, journalism rests on the principles of impartiality and independence. Such a position and role of journalists can be successfully safeguarded by enacting corresponding legal and ethical norms in the field of media. This paper compares legal and ethical norms envisaged in two Serbian documents: the Public Information and Media Act (2014) and the Journalists' Code of Ethics (2006). The former is the media "umbrella" law dealing with the journalists' status; the latter is the most important legal document in the field of journalists' ethics in Serbia. The paper first focuses on the relationship between ethics and law in general, stressing their importance in the field of media. After providing an overview of the Serbian legislative framework on media and the ethical norms related to journalists, the authors compare in detail the legal and ethical norms provided in these two documents, drawing attention to their corresponding points and the observed differences. The comparison reveals that the Public Infromation and Media Act recognizes most of the commonly accepted professional journalism principles. Some of them are defined in the identical way in the Journalists' Code (e.g. authentic reporting, the journalists' due diligence, the presumption of innocence, the respect for privacy, etc.). However, the Act does not contain some principles which are envisaged in the Code, such as the one concerning the relationship between a journalist and the source of information, thus leaving room to journalists to regulate their professional space.

This article discusses the expanding role of private law in shaping social interactions and addressing vulnerability. Private law governs relationships between individuals and legal entities, but it also incorporates societal desiderata such as human rights and environmental protection. The article explores various dimensions of vulnerability, including consumer protection, employment rights, access to justice, and the impact of technology. It also examines how private law can be used to advance sustainability goals and addresses the challenges presented by changes in the environment. The articles in this special issue of the Erasmus Law Review provide different perspectives on vulnerability and sustainability within the context of private law. [Extracted from the article]

This study aims to analyze the corporate criminal liability system in Indonesia in a psychological perspective. The object of this research is limited to the Attorney General's Regulations, Supreme Court Regulations, and 18 laws outside the Criminal Code that recognize corporations as the subject of offenses in criminal law. The results of the study found that there is no single rule studied that regulates when a corporation can be held liable for criminal acts committed by the management, the corporation or both. Corporate criminal responsibility theories that develop in theoretical discourse are also not used. This condition will clearly make it difficult for law enforcement officers in handling criminal cases committed by or involving corporations. Even though the Attorney General and Supreme Court Regulations were made to fill weaknesses in corporate regulation in various laws, these two regulations are also inaccurate because they regulate legal norms that should be contained in legal products of law. Also, neither of them regulates the criteria for corporate criminal liability, especially regarding the punishment and the determination of actors in a psychological perspective. [ABSTRACT FROM AUTHOR]

The purpose of this article is to conduct an axiological and legal analysis of the most popular model of participatory (civic) budgeting in Poland (the plebiscite model). According to the adopted hypothesis, some legal and practical solutions concerning the plebiscite model strengthen public values, while others weaken them. In the research, the combination of three coherent methods was used: (i) a literature analysis, (ii) the dogmatic and legal method, and (iii) interviews conducted with municipal officials responsible for the organization of participatory budgeting (PB), municipal councillors and residents (BP participants). The research covers six Polish cities: Sopot, Gdańsk, Białystok, Kraków, Opole and Warsaw. The axiological and legal analysis of the principles and mode of BP was made using a catalogue of nodal public values, namely values with a significant number of related values (including: human dignity, sustainability, citizen involvement, openness, secrecy, compromise, integrity, and robustness). The research leads to the conclusion that the plebiscite BP in Poland is not axiologically neutral, its principles and mode have both a positive and negative impact on particular nodal public values. The scale of negative impact is definitely greater than the scale of the positive one, although, obviously, the assessment in this respect, even if supported by arguments and scientific analysis, will always remain at least partly subjective.

The aim of the paper is to examine the nature of moral and legal norms in a broader context: first, taking into account logical and methodological assumptions, second, in the perspective of psychology of emotions and legal policy. The basic subject of the research carried out by Leon Petrażycki was represented by law. Originally, it had a psychological character, not an objective, eternal, and unchanging one. To fully understand the genesis and nature of morality and law, Petrażycki addressed the study of mental phenomena, especially emotional experiences. First, however, he developed appropriate rules of logic and scientific methodology. Then he developed a new classification of mental phenomena, among which the fundamental role is played by bilateral (passive-active) emotions. At some stage, emotions begin to cooperate with cognitive processes, first of all with imaginations. Imaginations of acts, such as theft, betrayal, murder, can cause repulsive emotions, and type imaginations, such as truthfulness, charity, justice can evoke apulsive emotions. On the basis of such associations, judgments are created over time, the content of which becomes a basis for fundamental rules of conduct, that is, for norms. There are two fundamentally different types of norms: moral norms and legal norms. The norms of the first type are imperative and represent the nature of validity (they are obeyed), while the norms of the second type are imperative-attributive and they also always entitle someone to something, i.e. they give someone a right. This division determines a fundamental difference between morality and law.

Anti-migration narratives are sweeping around the world, often accompanied by support for racist ideologies. The narratives usually involve some false claim that those seeking to enter the country are presumptively dangerous. Such narratives are obviously not new, but they are arguably being presented in evolving ways and having evolving, and deeply troubling, practical and legal effects. In the U.S., migrants being held in horrific “camp” conditions represent just the latest in a series of anti-migrant measures, each arguably worse than the last. This phenomenon is not limited to the U.S., but that example provides a strong vehicle for demonstrating this larger transnational trend. This article argues that harmful anti-migrant narratives are having significant, adverse effects on human rights and foundational legal norms.

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Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)