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The Possibility of Regulatory Function of Judicial Power 司法权调节功能的可能性
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22108a
Goran Dajović
{"title":"The Possibility of Regulatory Function of Judicial Power","authors":"Goran Dajović","doi":"10.51204/anali_pfbu_22108a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22108a","url":null,"abstract":"The article presents two theses. The first is that previous court judgments can be „sources“ of general rules and standards that will constraint the courts, as decision-makers, even if they are not formally established as legally binding. The second is that it should be so for several reasons – the most important being predictability and equality.\u0000\u0000In this part of the article the concepts of separation of powers, types of state functions, and judicial power are explained. The reasons why the judicial power can perform the law-making function in a legal system in which it is not formally established are presented. As an illustration of how the system in which courts perform a law-making function works, the application of the doctrine of stare decisis in the USA is described. Finally, several decisions of the Constitutional Court of Serbia that indicate similar practice in Serbian legal system are analyzed.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45354872","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
From Inheritability to Non-inheritability of the Legal Duty of SpousalSupport 从配偶赡养义务的可继承性到不可继承性
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22109a
I. Djokic
{"title":"From Inheritability to Non-inheritability of the Legal Duty of Spousal\u0000Support","authors":"I. Djokic","doi":"10.51204/anali_pfbu_22109a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22109a","url":null,"abstract":"In accordance with the family regulations of the Republic of Serbia, the legal duty of support, among other things, ends with the death of the provider. Unlike the Serbian legislator, the legislators in some modern European legal systems have envisaged the inheritability of the legal duty of support, among others, for a divorced spouse. These essentially different approaches to regulating the issue of inheritability of the legal duty to support a divorced spouse, are the subject of the author’s attention. In addition to trying to draw a conclusion regarding which of the mentioned approaches to the legal regulation of the issue of heritability of the legal support duty fulfills entirely or largely the function of post-marital solidarity, the author considers the possibility of redesigning and amending the family and inheritance regulations of the Republic of Serbia.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45474638","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
Hans Kelsen’s Pure Theory of Law as Critique of the “Authoritarian” Understanding of Law and Jurisprudence 汉斯·凯尔森的《纯粹法律理论》:对法律和法学“威权主义”理解的批判
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22103a
Péter Techet
{"title":"Hans Kelsen’s Pure Theory of Law as Critique of the “Authoritarian” Understanding of Law and Jurisprudence","authors":"Péter Techet","doi":"10.51204/anali_pfbu_22103a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22103a","url":null,"abstract":"In this paper, I analyse Hans Kelsen’s understanding of jurisprudence and law – by contrasting the normative-dogmatic understanding, which I will call “authoritarian”. By establishing the primacy of politics and rejecting the prescriptive function of jurisprudence, Hans Kelsen enabled a democratic concept of law (and of jurisprudence), and at the same time a critical and political approach. Kelsen defines the law from a dynamic perspective, which justifies the constant changeability of the law – and in this respect the primacy of democratic politics over dogmatic jurisprudence. The normative basis for Kelsen’s understanding of jurisprudence is his relativism, which is based on a moral position on the autonomy of the individual.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70598457","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
Anonymity in the Age of the Internet 互联网时代的匿名
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22106a
D. Petrović, Dejana Pavlović
{"title":"Anonymity in the Age of the Internet","authors":"D. Petrović, Dejana Pavlović","doi":"10.51204/anali_pfbu_22106a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22106a","url":null,"abstract":"While in its early phases the Internet had been based on anonymous communication within virtual communities, the past two decades have brough about a reversal. The proliferation of digital networking platforms, on one hand, and loose internet privacy policies, on another, have been narrowing the space for anonymous use of the Internet.\u0000\u0000Based on these trends the paper deals with the transformation of the role of online anonymity in the socio-legal perspective. In the first part we demonstrate that anonymity accompanies the modernization of contemporary societies, but there are also various freedom and security challenges. In the second part of the paper, we analyze internet anonymity as a phenomenon, assessing both arguments in favor and against it. We are particularly interested in identification of the stakeholders who advocate overall deanonymization, as one of the crucial characteristics of public and private life in contemporary society.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43709429","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 Klobuchar Bill: Is Something Rotten in the US Antitrust Legislative Reform? 《克洛布查尔法案》:美国反垄断立法改革是否有问题?
Anali Pravnog Fakulteta u Beogradu Pub Date : 2022-03-30 DOI: 10.51204/anali_pfbu_22104a
Nikola Ilić
{"title":"The Klobuchar Bill: Is Something Rotten in the US Antitrust Legislative Reform?","authors":"Nikola Ilić","doi":"10.51204/anali_pfbu_22104a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_22104a","url":null,"abstract":"An intense public debate is currently taking place in the US. The main subject of this debate is tech giants and the antitrust law reform. The fundamental dilemma is whether giant corporations, such as Apple, Google, Amazon, Microsoft, and Facebook, fit the traditional antitrust law or not. Senator Klobuchar proposed the new bill (the Competition and Antitrust Law Enforcement Reform Act) in 2021, and Congress is currently between a rock and a hard place. If Congress decides to support the New Brandeis movement and enact the bill, it could harm the tech giants and make the US start lagging behind China. If it decides otherwise, it could cause considerable dissatisfaction among US voters. This paper analyses the bill in detail and explores the possible outcomes. The conclusions suggest that enactment of the bill could have overwhelmingly adverse economic consequences for the competitiveness of US markets, innovation, and consequently for consumer welfare.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45946362","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
Determining the content of corporate reporting on human rights 确定公司人权报告的内容
Anali Pravnog Fakulteta u Beogradu Pub Date : 2021-12-20 DOI: 10.51204/anali_pfbu_21406a
Ana Čertanec
{"title":"Determining the content of corporate reporting on human rights","authors":"Ana Čertanec","doi":"10.51204/anali_pfbu_21406a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_21406a","url":null,"abstract":"Business enterprises have to report their activities to stakeholders in order to provide corporate transparency. Non-financial corporate reports provide a comprehensive coverage of environmental, socio-economic, labor, health, and human rights issues. In the paper the author argues that a uniform definition of a sector-specific human rights issue in reporting frameworks, rather than self-identification by enterprises of salient human rights issues, would help to achieve standardization and thus the possibility of sanctions in the event of false or misleading reporting. The author analyzes existing international and regional non-financial reporting instruments regarding the human rights included in it. The main content issues of non-financial reporting are derived and given requirements to improve them. The author further analyzes whether the two main frameworks for human rights reporting (the GRI Standards and the UNGPs Reporting Framework) currently meet the requirements for content defined in the paper and, if not, how they can be changed.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45318259","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
When law enters history: prohibition of crime negationism and its limits in international law 当法律进入历史:禁止犯罪、否定主义及其在国际法中的局限
Anali Pravnog Fakulteta u Beogradu Pub Date : 2021-12-20 DOI: 10.51204/anali_pfbu_21407a
M. Vucic
{"title":"When law enters history: prohibition of crime negationism and its limits in international law","authors":"M. Vucic","doi":"10.51204/anali_pfbu_21407a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_21407a","url":null,"abstract":"The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46507212","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 most important problems of legal philosophy and the nature of law 法哲学与法律本质的最重要问题
Anali Pravnog Fakulteta u Beogradu Pub Date : 2021-12-20 DOI: 10.51204/anali_pfbu_21403a
Tomasz Gizbert-Studnicki
{"title":"The most important problems of legal philosophy and the nature of law","authors":"Tomasz Gizbert-Studnicki","doi":"10.51204/anali_pfbu_21403a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_21403a","url":null,"abstract":"The purpose of legal philosophy is frequently defined as the discovery or exploration of the nature of law. The nature of law is usually understood as a set of necessary properties of law. Such an identification of the purpose of legal philosophy raises some doubts. Irrespective of those doubts, I claim that that focusing exclusively on the nature of law may be detrimental to legal philosophy as a whole, as it may be an obstacle to the investigation of certain issues that seem important. Or, at least, not all fundamental problems of legal philosophy may be perceived as pertaining to the nature of the law. Two such problems are briefly discussed: (i) legal pluralism and (ii) certain new categories of non-human legal subjects, such as autonomous machines, environmental legal persons and animals. I argue that focusing on the nature of law does not help the exploration of those important topics.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44066653","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
Legal measures on vaccination against smallpox in the principality of Serbia in the 1830s–1840s 19世纪30年代至40年代塞尔维亚公国对天花疫苗接种的法律措施
Anali Pravnog Fakulteta u Beogradu Pub Date : 2021-12-20 DOI: 10.51204/anali_pfbu_21408a
N. Kršljanin
{"title":"Legal measures on vaccination against smallpox in the principality of Serbia in the 1830s–1840s","authors":"N. Kršljanin","doi":"10.51204/anali_pfbu_21408a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_21408a","url":null,"abstract":"The paper addresses the legal measures regarding vaccination against smallpox in the Principality of Serbia in the 1830s–1840s. The main focus is on two normative acts – Rules for the inoculation of pox of 1839 and a Supplement to these Rules of 1842. Relying on archive material, the paper strives to show both the normative content of these acts (including a comparison with the Austrian regulations of 1836), as well as the circumstances in which they were passed and their application in practice. Particular attention is paid to the main obstacles to effective vaccination – distrust and fear of the procedure among the general population and insufficient available medical staff – and steps that were taken to overcome these difficulties.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46879509","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
Promoting the rule of rationality over positive law and legal thinking 推动理性规则凌驾于实证法和法律思维之上
Anali Pravnog Fakulteta u Beogradu Pub Date : 2021-12-20 DOI: 10.51204/anali_pfbu_21404a
Pierluigi Chiassoni
{"title":"Promoting the rule of rationality over positive law and legal thinking","authors":"Pierluigi Chiassoni","doi":"10.51204/anali_pfbu_21404a","DOIUrl":"https://doi.org/10.51204/anali_pfbu_21404a","url":null,"abstract":"The paper makes the following claims. First, the most important problem for contemporary legal philosophy is contrasting the morally disgusting state of the world. Second, qua jurisprudents, the problem must be dealt with indirectly. Third, the indirect way of dealing with the problem requires pursuing the goal of promoting the rule of reason, the dominance of rationality, over law and legal thinking. Fourth, such an overall goal is to be pursued by breaking it down into five more specific goals: namely, promoting the epistemic, methodological, conceptual, instrumental, and substantive rationality of law and/or legal thinking. Fifth, pretentious and idle ways of doing jurisprudence must be put aside.","PeriodicalId":32310,"journal":{"name":"Anali Pravnog Fakulteta u Beogradu","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44883747","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
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