{"title":"Od sestry k nuzné vdově. Změny postavení manželky v římském dědickém právu","authors":"Petr Dostalík","doi":"10.14712/2464689x.2022.17","DOIUrl":"https://doi.org/10.14712/2464689x.2022.17","url":null,"abstract":"This paper deals with the position of wife in the Roman law of succession from the earliest period (as far as the Law of the Twelve Tables) to the changes of the law of intestate succession made by emperor Justinian. This paper follows changes in the position of a wife in case of the death of the husband. This position was determined by type of marriage (strict or free form of the marriage) and was deeply influenced by the reform of the law of succession made by praetor. Even in the praetorian law, the position of the wife and her possibility to obtain some substantial part of the deceased husband’s property was limited and nothing had changed also after the codification of Corpus Iuris Civilis. In order to defend the natural (and justified) needs of widow, emperor Justinian introduced a special provision for so-called needy widow (and temporarily even for the needy widower). The paper examines very closely those provisions and states that the protection of the needy widow can be marked as one the basic values of the Roman law of succession.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050291","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}
{"title":"Filosofie zločinu a trestu – vybrané aspekty amerického trestního práva v 19. století se zvláštním zřetelem k problematice vězeňství","authors":"Radim Seltenreich","doi":"10.14712/2464689x.2022.24","DOIUrl":"https://doi.org/10.14712/2464689x.2022.24","url":null,"abstract":"In his article, the author discusses the development of American criminal law in the 19th century, with the focus on prison issues. In this context, he also recalls the views of the French thinker Michel Foucault on this topic expressed in his now classic work “Discipline and Punish”. In order to provide the necessary context, this section is preceded by a brief outline of the development of American criminal law since its colonial beginnings. Then, as far as the prison system itself in the newly founded United States of America is concerned, the author highlights two different approaches to prisoners that were applied in the jail houses Eastern Penitentiary in Pennsylvania and Auburn Prison in New York. He also focuses on the economic side of the issue, whereas part of the text aims to analyse the phenomenon of the “convict lease system” as practised particularly in the American South. Finally, he concludes his article by mentioning other attempts to reform the prison system in the second half of the 19th century.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050305","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}
{"title":"Stratená prestíž a medzivojnová maďarská kultúrna diplomacia (Jej inštitucionálne a právne základy)","authors":"Mónika Balatóni, Ivan Halász","doi":"10.14712/2464689x.2022.26","DOIUrl":"https://doi.org/10.14712/2464689x.2022.26","url":null,"abstract":"The paper focuses on the birth of Hungarian cultural diplomacy in the interwar period. Hungary had relatively high prestige in the Western liberal newspapers and journals before the first world war, but the problems with electoral reforms and minority issues dramatically changed this situation. This change together with the results of the first world war lead to the Trianon peace treaty. The Hungarian politicians planned to restore the international prestige of the country by the active cultural and scientific diplomacy. Count Kuno Klebelsberg played the crucial role in this process. He served as conservative minister of education and religion across ten years. The network of Collegium Hungaricum and the institutes for history in Berlin, Rome and Vienna represented the main form of Hungarian foreign representation. Hungary also subsided the university departments and lecturers of Hungarian language working abroad very actively this time. The parliament adopted the main legal norm of cultural policy in 1927. This norm regulated the work of cultural-scientific institutes operating abroad and also the system of Hungarian fellowships. The cultural diplomacy was the domain of the educational ministry instead the foreign office. This diplomacy represented the very successful form of foreign activities of Hungarian state.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050355","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}
{"title":"Krafl, P. Dvě studie k synodálnímu zákonodárství (Würzburg 1287, Kališ 1420)","authors":"M. Černý","doi":"10.14712/2464689x.2022.29","DOIUrl":"https://doi.org/10.14712/2464689x.2022.29","url":null,"abstract":"Book review on Krafl, P. Dvě studie k synodálnímu zákonodárství (Würzburg 1287, Kališ 1420). Nitra: Univerzita Konštantína Filozofa, 2021, 120 s.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050369","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}
{"title":"Bily, I. – Carls, W. – Gönczi, K. – Lazar, M. Sächsisch-magdeburgisches Recht in Tschechien und in der Slowakei. Untersuchungen zur Geschichte des Rechts und seiner Sprache","authors":"Marek Starý","doi":"10.14712/2464689x.2022.13","DOIUrl":"https://doi.org/10.14712/2464689x.2022.13","url":null,"abstract":"Book review: Bily, I. – Carls, W. – Gönczi, K. – Lazar, M. Sächsischmagdeburgisches Recht in Tschechien und in der Slowakei. Untersuchungen zur Geschichte des Rechts und seiner Sprache (= Ius Saxonico-Maideburgense in Oriente, Band 5). Berlin – Boston: De Gruyter, 2021, 696 p.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050497","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}
{"title":"Vzpomínka na prof. Boháčka","authors":"Michal Skřejpek","doi":"10.14712/2464689x.2022.9","DOIUrl":"https://doi.org/10.14712/2464689x.2022.9","url":null,"abstract":"Memory of Prof. Miroslav Boháček.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050952","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}
{"title":"Hungarian System for the Nomination of Parliamentary Candidates between the Two Wars in the European Context","authors":"G. Hollósi","doi":"10.14712/2464689x.2022.6","DOIUrl":"https://doi.org/10.14712/2464689x.2022.6","url":null,"abstract":"The institution of the nomination of parliamentary candidates was already well known in most European electoral systems between the two wars. Its purpose can be briefly summarized as meaning that the voters can only cast their votes for a person who has previously been nominated as a parliamentary candidate under the conditions specified by law. Within the European field, the contemporary Hungarian nomination system is characterized by its extraordinary intricacy, and the high number of abuses naturally follows from its complexity. However, in our study we do not deal with these abuses but describe the Hungarian rules and regulations while constantly researching its European aspects. Accordingly, we divided our work into three units.\u0000First of all, we classify the continent’s nomination systems in order to show where the place of the Hungarian rules and regulations between the two wars were. Thereafter, we review the development of the Hungarian rules based on the Electoral Decree of 1922, the (First) Electoral Act of 1925, the so-called “Nomination” Amendment Act of 1937 and the (Second) Electoral Act of 1938. Finally, using the Explanatory Memorandums to the mentioned acts and the discussion materials of the National Assembly/Parliament, we look for the European (comparative) examples that emerged during their creation. Our study will also show what the Explanatory Memorandums to the acts (which reflect the pro-government standpoint) or the parliamentary opposition considered worth highlighting from the nomination systems of foreign countries.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050625","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}
{"title":"Pluralismus der Rechtsordnungen als Folge der lutherischen Reformation?","authors":"Heiner Lück","doi":"10.14712/2464689x.2022.3","DOIUrl":"https://doi.org/10.14712/2464689x.2022.3","url":null,"abstract":"This article addresses the question of whether and how the Lutheran Reformation led to a (further) pluralisation of legal systems. Since the beginning of the early modern period, primarily in the course of the 16th century, a wave of legal records and legal codifications can be observed throughout Europe. The connection with the reception of Roman and Canon law is obvious. On a completely different level, an epochal church schism took place from the early 16th century onwards, triggered by Martin Luther’s (1483–1546) fundamental criticism of the Roman Church. The term “pluralism of legal systems” is used here in the sense of diversity as well as the accepted coexistence and togetherness of cultural phenomena in the field of law. The article is divided into three sections: In the first section, an overview of legislation, primarily in the Holy Roman Empire, from about 1517 to the end of the 16th century will be given. Among the many examples will be the famous Czech city law codification of Pavel Koldin, which was newly edited and annotated a few years ago. A second section will deal with those legal norms that are related to the Lutheran Reformation and can be seen as consequences of the Reformation. In a third section, some substantive innovations that have had an impact up to the current legal system will be presented. The conclusion will be a short summary and some further observations.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67050419","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}
{"title":"Scholarly Potential of the Lviv Interwar Romanist Community","authors":"Grzegorz Nancka","doi":"10.14712/2464689x.2022.7","DOIUrl":"https://doi.org/10.14712/2464689x.2022.7","url":null,"abstract":"This article presents the scholarly activity of two generations of researchers focusing on Roman law, associated professionally with the Lviv university in the interwar period. First, it shows the attainments of Leon Piniński and Marceli Chlamtacz. Then, it focuses on the attainments of a younger generation of Lviv scholars, including Wacław Osuchowski and Edward Gintowt. The presentation of the activities of these scholars made it possible to demonstrate the scholarly potential of the Lviv interwar Romanist community, which was one of the leading centers of research on Roman law in interwar Poland, if not the most important one.","PeriodicalId":33021,"journal":{"name":"Pravnehistoricke studie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48735618","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}