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Acta Juridica Hungarica最新文献

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Mercenaries reloaded? Applicability of the notion of ‘mercenaries’ in relation to private military companies and their employees 雇佣兵重载?“雇佣军”概念对私营军事公司及其雇员的适用性
Acta Juridica Hungarica Pub Date : 2013-11-28 DOI: 10.1556/AJUR.54.2013.4.5
János Kálmán
{"title":"Mercenaries reloaded? Applicability of the notion of ‘mercenaries’ in relation to private military companies and their employees","authors":"János Kálmán","doi":"10.1556/AJUR.54.2013.4.5","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.4.5","url":null,"abstract":"The purpose of this study is to present the notion of mercenaries laid down in literature and in international law, as its applicability to private military companies and their employees so. The first chapter examines the use of the notion of mercenaries in literature and in international treaties. It explores whether the definition laid down in international treaties, reflect customary international law, or not. The second chapter of the study scrutinizes the various conditions listed in the afore-mentioned notions and tries to find out whether and to what degrees private military companies and their employees meet them. The final conclusion of this paper—of the perspective of international law—is that private military companies and their employees, in accordance with the rules of international law, cannot be considered mercenaries.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124395881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
The emergence of criminology in Hungarian criminal sciences—late 19th — early 20th century 19世纪末至20世纪初匈牙利犯罪学的兴起
Acta Juridica Hungarica Pub Date : 2013-11-26 DOI: 10.1556/AJUR.54.2013.4.3
A. Domokos
{"title":"The emergence of criminology in Hungarian criminal sciences—late 19th — early 20th century","authors":"A. Domokos","doi":"10.1556/AJUR.54.2013.4.3","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.4.3","url":null,"abstract":"At the end of the 19th century and in the first half of the 20th century, criminal justice policy was transformed by criminological thinking in Hungary. Enormous changes took place during this period. As Jenő Balogh put it, these did not simply involve the publication of revolutionary works in criminal law, but also the emergence of new branches of science including criminology. Without criminology, there can be no progress in criminal law: “In the chapters with great practical importance in terms of dogmatics, one must use the useful new ideas and latest achievements of the reform directions.”1 Certain criminological terms have become immanent parts of criminal law. It was under the influence of the new ideas that new institutions appeared within the scope of the Penal Code.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124118956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
In courts we trust 在法庭上我们信任
Acta Juridica Hungarica Pub Date : 2013-11-26 DOI: 10.1556/AJUR.54.2013.4.6
Csongor Kuti
{"title":"In courts we trust","authors":"Csongor Kuti","doi":"10.1556/AJUR.54.2013.4.6","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.4.6","url":null,"abstract":"After the fall of authoritarian communist regimes and emergence of constitutional governments, constitutional review systems were designed in Central and Eastern Europe. Post-communist systems mostly followed the French and German models of abstract and concentrated review, with courts’ powers stemming from the Constitution and determined by the legislator. How can constitutional courts limit governmental power, and to what degree can they resist political attempts to alter their competence—these are the questions to which answer are sought referencing two recent Hungarian and Romanian constitutional court decisions. The two courts had to face different challenges and go down different paths—significantly departing even from their respective “traditional” stances—and they both arrived at controversial findings. This paper argues that it has not been primarily a problem of constitutional design, but rather contextual factors that have amplified the weaknesses of the system and consequently led to growing d...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128603923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Legal transplants and legal development: A jurisprudential and comparative law approach 法律移植与法律发展:法理学与比较法的视角
Acta Juridica Hungarica Pub Date : 2013-11-20 DOI: 10.1556/AJUR.54.2013.3.2
G. Mousourakis
{"title":"Legal transplants and legal development: A jurisprudential and comparative law approach","authors":"G. Mousourakis","doi":"10.1556/AJUR.54.2013.3.2","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.3.2","url":null,"abstract":"The changes in the legal universe that have been taking place in the last few decades have increased the potential value of different kinds of comparative law information and thereby urged new objectives for the comparative law community. The comparative method, which was earlier applied in the traditional framework of domestic law, is now being adapted to the new needs created by the ongoing globalization process, becoming broader and more comprehensive with respect to both its scope and goals. Associated with this development is a growing interest in the question of transferability or transplantability of legal norms and institutions across different cultures, especially in so far as current legal integration and harmonization processes require reasonably transferable models. This paper critically examines the issue of transferability of laws with particular attention to the theory of legal transplants propounded by Professor Alan Watson, one of the most influential contemporary comparatists and legal h...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115903636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Bavarian linguistic elements in Lex Baiuvariorum 巴伐利亚语中的巴伐利亚语成分
Acta Juridica Hungarica Pub Date : 2013-11-20 DOI: 10.1556/AJUR.54.2013.3.5
T. Nótári
{"title":"Bavarian linguistic elements in Lex Baiuvariorum","authors":"T. Nótári","doi":"10.1556/AJUR.54.2013.3.5","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.3.5","url":null,"abstract":"This paper intends to analyse the Bavarian linguistic elements of Lex Baiuvariorum,2 the written Bavarian Volksrecht3 created between 737 and 743 from philological aspects and draw further conclusions from findings for legal history considerations. First we will examine expressions where the active predicate in first person plural reveals that the Bavarians assisting in making the law inserted them in relevant passages as words of their own folk language. (I) After that, we will analyse phrases accompanied by active predicate in third person plural and passive predicate in third person singular or plural either naming Bavarians as the subject or not where the text makes it clear that these words were used by Bavarians to express the given meaning. (II) Atfer analysing Bavarian personal names, primarily names of genealogiae (III), we will discuss Bavarian/South German expressions in the text of the Bavarian law that apparently correspond to or overlap the relevant loci of Lex Alamannorum (IV). In the light...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121538821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Philosophy of law in the Soviet Union and the people’s democracies 苏联和人民民主国家的法哲学
Acta Juridica Hungarica Pub Date : 2013-11-20 DOI: 10.1556/AJUR.54.2013.3.4
C. Varga
{"title":"Philosophy of law in the Soviet Union and the people’s democracies","authors":"C. Varga","doi":"10.1556/AJUR.54.2013.3.4","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.3.4","url":null,"abstract":"The fate of Marxism in the Soviet Union and the people’s democracies as the former’s extension owing to post-WWII occupation was from the beginning sealed by Bolshevism, that is, the politico-ideological domination and use of the scholarly domain as well, made to self-close in a merely justificatory role. There may have been attempts at opening, even if only conceivable within—i.e. preserving at the same time—this framework function. In the present conspectus, the limiting positions are occupied by the Soviet Union and the German Democratic Republic, completed by after-1968 Czechoslovakia, as well as Yugoslavia and pre-1968 Czechoslovakia, representing the substitute-to-religion dogmatic side, exclusively politically motivated in the former and subordinated to a humanising tendency in the latter case, on the one hand, and Poland, dedicated to a purely analytical approach, in which Marxism has simply no relevance, on the other. Hungary, treated in an earlier paper by the author, was in-between, taking Marx...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"556 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129786979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Analogies in the case law of the Court of Justice EU 欧盟法院判例法中的类比
Acta Juridica Hungarica Pub Date : 2013-11-20 DOI: 10.1556/AJUR.54.2013.3.6
Sándor Vida
{"title":"Analogies in the case law of the Court of Justice EU","authors":"Sándor Vida","doi":"10.1556/AJUR.54.2013.3.6","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.3.6","url":null,"abstract":"The article reports on some judgements of the Court of Justice EU concerning analogy, commenting them. Passages from the cases OMEL v ONEL, PAGO, GOOGLE, .eu Top Domain, DIOR are quoted. Then the question is raised: should it be considered as an analogy or a precedent? Definition of the notion “analogy” in French, English and German law are compared. The first conclusion is that analogy is understood in different ways by lawyers in these Member States of the EU. The second conclusion is that by a Hungarian lawyer’s understanding most of the examples quoted are rather precedents than true analogies. Moreover, it is observed that in translations identical terms ought to be used.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125292603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The issue of normativity and the methodological implications of interpretivism II: The distinctive normativity of law 规范性问题和解释主义的方法论含义II:法律的独特规范性
Acta Juridica Hungarica Pub Date : 2013-11-20 DOI: 10.1556/AJUR.54.2013.3.1
Mátyás Bódig
{"title":"The issue of normativity and the methodological implications of interpretivism II: The distinctive normativity of law","authors":"Mátyás Bódig","doi":"10.1556/AJUR.54.2013.3.1","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.3.1","url":null,"abstract":"The article is the second part of an analysis that seeks to clarify the distinctive normativity of law, as it is reflected in the legal systems of constitutional democracies. It explores the ability of interpretive theories to capture the conceptual characteristics of the normativity of law. The article argues that it is its institutional character that makes the normativity of law distinctive. The normativity of law must be construed as a form of institutional normativity. The analysis of the institutional character of legal norms revolves around the idea of obligations. It implies that the distinctive normativity of law builds on normative guidance by authoritative institutions. The ability of the law to provide normative guidance is explained in terms of three types of reasons: moral reasons, compliance reasons and response reasons. An implication of this insight is that moral legitimacy is constitutive of the normativity of law. The article concludes with an exploration of the dimensions of moral legi...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122811884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Unique UK’s licensing policy favours the state than the industry: Contradicting conventional wisdom 英国独特的许可政策有利于国家而非行业:与传统观点相悖
Acta Juridica Hungarica Pub Date : 2013-06-01 DOI: 10.1556/AJur.54.2013.2.6
M. Peters, Manu Kumar
{"title":"Unique UK’s licensing policy favours the state than the industry: Contradicting conventional wisdom","authors":"M. Peters, Manu Kumar","doi":"10.1556/AJur.54.2013.2.6","DOIUrl":"https://doi.org/10.1556/AJur.54.2013.2.6","url":null,"abstract":"The world petroleum industry is globally interdependent. International oil companies tend to compare investment opportunities worldwide and pursue global strategies: investment opportunities compete with each other and fashion tends to possess world’s oil companies.1 Under such circumstances the role of the state acting as the regulator is of paramount importance especially where the oil and gas industry is a countries key industry.2 In the United Kingdom the government has proprietary rights to the petroleum reserves but they lack capacity to carry out technical tasks as drilling wells and laying pipelines.3 Consequently, the Governments is compelled to turn to private companies who hold most of the fi nancial and technical means needed for the exploration and exploitation of petroleum resources.4 In the United Kingdom, this symbiotic relationship is given effect through the petroleum licensing mechanism. This paper brings to light the various features of the UK licensing regime consequently bringing to light how this regime is favourable to the state than the industries, by laying emphasis on the proprietary rights to the petroleum revenue which vest in the UK through its governing legislations.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132047747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The legal anthropological study of the Hungarian Roma minority 匈牙利罗姆少数民族的法律人类学研究
Acta Juridica Hungarica Pub Date : 2013-06-01 DOI: 10.1556/AJur.54.2013.2.3
István H. Szilágyi
{"title":"The legal anthropological study of the Hungarian Roma minority","authors":"István H. Szilágyi","doi":"10.1556/AJur.54.2013.2.3","DOIUrl":"https://doi.org/10.1556/AJur.54.2013.2.3","url":null,"abstract":"This article discusses the position of legal anthropology among the legal sciences and its interdisciplinary character through the example of the socio-legal studies of the Hungarian Roma minority. The first part illustrates the place of legal anthropology among the other legal and social disciplines, and its role in legal thinking, by the analysis of a practical question, “What can we do to improve the social position of the Hungarian Roma minority by legal means?” The second part considers the importance of legal anthropology in the Hungarian Roma studies, briefly sketching the characteristics of the ethnological, sociological and cultural anthropological approaches. Finally, the article surveys the insights gained from the socio-legal studies of the Hungarian Roma minority over the last two decades. It highlights the inspiring results of legal anthropological studies, and also the difficulties contemporary research has to face.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129630215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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