Suchergebnisse

This article deals with the emergence of a new type of crime prevention in
interwar Romania. Inspired by the Italian school of criminal law and by the
Italian Criminal Code "Rocco" (1930), the Romanian Criminal Code "King Carol
II" (1936) formulates a new type of criminal sanctions, explicitly designed to
address and combat the social dangerousness. Regarded as a major challenge to
the classic criminal system based on free will and guilt, the "security measures"
were formalizing new types of offenders defined as such not by their criminal
acts but by their criminal potential, redefining the scope and the goal of the
criminal prevention. Major debates in the epoch reveal the possible threats this
new type of criminal sanctions and of a criminal policy orientated towards risk
prevention, seen as closely connected with authoritarian tendencies, carried for
individual freedom and the rule of law. The legal issues discussed in the epoch prove significant for the current debates regarding the negative consequences the
preventive War on Terror have for individual freedom and the rule of law.

The Judge plays a decisive role in promoting respect for human rights. His activity is governed by the fundamental principles of the "rule of law" concept. The principle of separation of powers is a principle that any democracy, that wants to be real, must necessarily take it into consideration and implement it. Delimitation of powers is, broadly speaking, a different jurisdiction to establish institutional authority, and to exclude other forms of mutual intrusion than those permitted by law. At European level, the criteria and conditions of the judicial domain, and the judges, receive a broader notion, more complex. The structure of today's European Union is based solely on the rules of law. Rule of law is ensured through creation of Community law that is independent and uniform for all Member States. To ensure judicial protection of individual rights conferred by Community law, transparency is indispensable to national procedural law. Therefore, the national legislation must be put in harmony with European law and the national legislator is obliged to respect the decisions of the EUCJ, which decided that, in principle, the conditions imposed by national law will not have to render virtually the rights conferred by Community law. Any judge, seized within its jurisdiction, is required to apply the provisions of Community law and protect rights which are conferred to individuals, leaving all provisions inapplicable, possibly contrary, the national law, either before or after the Community rule. European law clearly reinforces cultural and legal national judge. Community law isn't a foreign law, it is an outside law. This law is proper to each of our States as its national law, but it also has this feature to be at the same time a common value for all.

The family, its formation, the relationships between man, woman, children and relatives, as well as the relationships with the rest of the community were filtered by the "village gossip". The need for a strong solidarity that was necessary in the unfriendly conditions at the time compelled the individuals to accept the cohabitation with other members of the family (including the extended one) and with the rest of the community. More often than not, the individual behaviour acquired the expression of the collective behaviour. Such an influence of the community was obvious in the traditional rural societies. However, in time, it became progressively diluted under the pressure of modernity.
We can see that there were deep changes as the area integrated to an economic circuit that would lead to imposing new mutations in several economic sectors. The economic development and the dissemination of non-agricultural activities associated to urban development whose influence went growing brought about alterations in the family relations. Then, there were mutations in the relationship between the family, the domestic group and the household resources. These changes were not obvious in all localities in the region: some of them were still anchored in the traditional as the new managed to penetrate more difficultly, while major changes on the level of the collective mental could not be perceived on a short span of time. Nevertheless, under the influence of modernity, society influenced the family not only in point of form, but also insofar as its role and functions were concerned. Mentalities changed together with the form and nature of society. Family was no longer big; it did no longer accept the interference of the relatives and even less that of the community. Changes were more visible in the city; however, once the social, cultural and economic changes, they became obvious in the countryside too. The nuclear family was the new family model where interference from the outside was insignificant.

The recognition of the local collectivities and the essential role of democratic
society require the clear definition of the term "local collectivity", which would allow the
avoiding of ambiguities in its usage.
The defining element of the local territorial collectivities is the population, which
includes all inhabitants permanently living in the territorial perimeter of the local
collectivity.
There are identified criteria that allow the establishment of the individuals' belonging
to a specific local collectivity. This is very important because the individual's ability to be
part of a particular local collectivity gives him the opportunity to take part in local selfgovernment.
I insisted on the recognition of the local population as a subject of the local autonomy,
and not of the local public authorities elected by the population who are representatives of
the local territorial collectivities, while also examining the causes of the population's nonparticipation
in local public life.

Since justice is carried out through the judiciary, composed of judges, this means that the judicial power is exercised only by the court în the person of the judge, the sole bearer of that power. The judge is the one empowered to investigate a case în order to clarify it, thus proceeding to a trial and then pronouncing a judgment, thus making an act of justice. But we can speak of a power (a system of organs that have the power to do justice, including by constraint) and not just authority, unless organically the independence of the members of the judiciary is guaranteed and the exercise of the power to judge is sovereign. Therefore, not only justice per se, as a branch of government must be independent of the executive and the Parliament, but also individual judges have the right to enjoy independence în the performance of their professional duties.

The historical-demographic approach of family in their relationship with society with different transitory societal or community typologies is a complex initiative that needs a methodological approach including peripheral elements as well, besides a deep analysis on the central defining elements. The historical demography and other sciences, such as anthropology or history of mentalities, by directly or collaterally approaching the family, often make references to the three important moments in the individual's life: birth, marriage and death.
We have used several categories of documentary sources in our survey. We have the information on the population in north-western Romania due to the ecclesiastic notes (in the parish records or reports and the bishopric notes); on the other hand, we have the information provided by the Austrian and Austro-Hungarian state. Methodologically, the first phase of our research consisted of the preparation of the documents investigation strategy, as expected. In our research, we consider the fact that we approach the area of ecclesiastic entities, as most of our sources for the 19th century belong to the church. This imposes a stress on the confession and its importance. Besides confession, an aspect that we wish to underline is ethnicity. In our investigation on the family the main stress was laid on the survey and analysis of different marital behaviours. Through different constraints and determinisms entailed by the possibility to choose, marriage is highly relevant in establishing behavioural laws (if they ever existed!?). The dimension of the marital market corroborated with the ethno-confessional and socio-professional realities provided the particularities of the marital phenomenon.
Referring to the lay and ecclesiastic legal framework, we support the need for a flexible approach of the topic. The logic of this foray consists of the visualisation of the legal framework – rigid and impregnated with an obvious moralising discourse – on the one hand, and the image of conformism and means of adaptation of the individual, on the other hand.
The starting point of the family is marriage. If we approach marriage from the point of view of the confessional and ethnic conditioning, we get to an analysis of the mixed marriages phenomenon. In fact, the analysis of the ethno-confessional and socio-professional determinisms and of other types of community or individual conditions can be easily carried out in the case of mixed marriages. The central point of our research is the analysis of Romanians', Hungarians', and Germans' marital behaviours without ignoring the image of this phenomenon at other populations in the area.
An analysis on birth and death rate, or natural growth, is able to provide information on the impact demographic phenomena had upon family. A world where death rate was very high and where family would react through a high birth rate was undoubtedly influenced by the demographic flow. Irrespective of the society typology, divorce, concubinage, and illegitimacy (no matter their way of manifestation) were forms of social deviance leading to the dilution of family image and precepts. We do not discuss here a dilution of the traditional precepts on the family, as someone might misunderstand; it is an erosion of the idea of family in general. The "family" began to acquire other forms than the "official" ones. From the relationship of the family with the community were born mentalities, roles and social statuses. The family, its formation, the relationships between man, woman, children and relatives, as well as the relationships with the rest of the community were filtered by the "village gossip". The need for a strong solidarity that was necessary in the unfriendly conditions at the time compelled the individuals to accept the cohabitation with other members of the family (including the extended one) and with the rest of the community.

In this article is analyzed the essence and importance of soft power in the US foreign speech, as well as directions of activity of this instrument under the conditions of the Republic of Moldova. The soft power concept, its manifestations and its main sources are determined. It is argued that soft power is a mean to obtain favorable results, relying on conviction, voluntary participation, sympathy and attraction, representing the ability to influence other states in order to achieve own goals, through cooperation in certain areas, directed towards persuasion and formation of a positive perception. It is noted that the US government pays particular attention to soft power tools, implemented by both government agencies and a large number of community organizations and individuals, with the purpose of shaping a positive external image of the state. Regarding the implementation of the US soft power instruments under the conditions of the Republic of Moldova, it is concluded that the USA offers real opportunities in order to know and capitalize the achievements of the American nation. Given that the US is a superpower on the international arena, development of a strategic partnership between the Republic of Moldova and the US has a particular relevance in solving several problems that our state cope with, such as state integrity, European integration, democratization of society, etc. US has a rich and successful experience in the use of soft power, that is why the Republic of Moldova should "adopt" some certain aspects of the soft action in its foreign policy.

The history from ancient times to the present has demonstrated the inherent conflict in inter-human relations. Conflicts are a result of the interaction and communication of individuals, so they persist as long as man is. At present, conflicts are greatly influenced both by the nature of the people and by the specific nature of the work of social-political organizations and institutions. The issue of conflicting conflicts and situations has become a key issue for many philosophers, psychologists, sociologists, political scientists, etc. But regardless of the high interest and long history there is no unanimously accepted understanding of the essence and nature of the conflict. The political sphere is a specific area that has a permanent and obviously conflictual character compared to other spheres of social life. Its origin is in the very nature of political relations, as relations of power, which presuppose the leadership of some and the subordination of others. That is, the power relations are based on the dominance of some people and their interests over others, which gives birth to clashes and confrontations. Political conflicts are a consequence of confrontations in a complex and multi-level system of leadership and subordination. This article will determine the conceptual, functional and structural dimention of conflicts, in particular will analize the multitude of theories that explane the expression of the conflicts in social and political life, constructive and negative approaches on functions of conflicts, dynamical dimension and paerticularites of political conflict management.

This article explores a number of the themes that late researcher and professor Alexandru Duţu treated in his the articles, book reviews and interviews published in the Romanian cultural and opinion press between 1990 and 1998 (Arc. Litere. Arte & Meşteşuguri, Cotidianul. Litere Arte. Idei, Dilema, Secolul XX, Transilvania, Viaţa Românească etc.). As some of these themes are covered also in his scientific works, the study contributes thus to an inventory of the historical premises for Duţu's ideas on the formal and contradictory duality of the modern world, including the duality of "organic" and "organized solidarities", as well as the Janus-like nature of liberty or of liberties. Furthermore, it investigates his view on the reconstitution within the orthodox space of the Romanian cultural and political tradition, "ravaged" by the rationalism of the 19th century modernization efforts. This "aggression" led to the emergence of a new image of tradition, in folkloric tones, that has stubbornly endured also throughout the protochronism preached by the communist regime. Finally, the article approaches the sensitive theme of human condition during communism and the Duţu's self- professed "inner exile", as well as on his reactions as a citizen of the polis. All these stem from this long scholarly history of dual worlds, particularly the condition of the individual for more than three centuries: that of a relentless search for the lost harmony between the "world within" and the "world outside"), as well as from the internalization of his personal development.

The Evolution of Ideas About Freedom of Thought. Philosophical-Legal Approach "Thought is free," said Marcus Tullius Cicero in the first century BC. The international society managed to give legal content to the famous quote only at the end of the 19th century, the beginning of the 20th century. Thanks to the titanic efforts of the notorious personalities of all time, philosophers and jurists, mankind has included freedom of thought in the list of fundamental freedoms and civil rights, which belong to every person from birth and which the state cannot deprive. Freedom of thought is an essential condition of a democratic society, of a rule of law. Moreover, this absolutely justified can be considered as the most important value of a prosperous society. Being fully exploited freedom of thought brings benefits only to the individual and to society as a whole. "Gândirea este liberă" afirma Marcus Tullius Cicero în secolul I î.e.n. Societatea internaţională a reuşit să dea conţinut juridic celebrului citat abia la sfârşitul secolului XIX, începutul secolului XX. Datorită eforturilor titanice ale personalităţilor notorii ale tuturor timpurilor, filozofi şi jurişti, omenirea a înscris libertatea de gândire în lista libertăţilor şi drepturilor civile fundamentale, care aparţin fiecărei persoane din momentul naşterii şi de care statul n-o poate priva. Libertatea de gândire este o condiţie esenţială a unei societăţi democratice, a unui stat de drept. Mai mult, aceasta absolut justificat poate fi considerată drept cea mai importantă valoare a unei societăţi prospere. Fiind valorificată plenar, libertatea de gândire aduce doar beneficii, atât individului, cât şi societăţii în ansamblu.

Prefaţă / Attila GIDÓ, István HORVÁTH, Judit PÁL -- Legea naţionalităţilor din 1868 şi consecinţele ei / Gábor GÁNGÓ -- Antecedentele din Austria ale Legii naţionalităţilor din 1868 / Ágnes DEÁK -- Concepţiile despre naţionalitate ale lui József Eötvös în Ideile dominante / Attila DEMETER -- Contele Imre Mikó şi chestiunea naţionalităţilor / Ákos EGYED -- Uniune sau autonomie? : Reglementarea legală a uniunii Transilvaniei în 1868 / Judit PÁL -- Liberalism şi interes de putere : dileme politice privind libertăţile individuale şi cetăţeneşti din perioada dualismului din Ungaria / András CIEGER -- Identitate reprimată : legislaţie şi deznaţionalizare în Transilvania dualistă / Luminiţa IGNAT-COMAN -- Legea şcolară 38/1868 şi efectele sale asupra evoluţiei învăţământului confesional năsăudean / Mirela POPA-ANDREI / Mileniul şi naţionalităţile / Bálint VARGA-KUNA -- Cum să fie autonomia rusinilor? : cauza voievodatului subcarpatic / Csilla FEDINEC -- Proiecte pentru o lege a minorităţilor naţionale în România interbelică / Vasile CIOBANU -- O mică Ungarie în România Mare : Alternative pentru Secuime în proiectele maghiare dintre cele două războaie mondiale / Csaba ZAHORÁN / Evreii din România între 1938-1940 : De la statutul de cetăţean la cel de paria / Liviu CARARE -- Din piesă de teatru-discurs : cum se făcea politică în mod simbolic în anii 1980, într-o societate locală maghiară din România / Zsuzsa PLAINER -- Obiective şi concepţii în politica minoritară a Ungariei în perioada 1988-1993 / Balázs DOBOS / Discriminarea etnică şi rasială în jurisprudenţa Curţii Europene a Drepturilor Omului / Radu CHIRIŢĂ -- Legislaţia minoritară în Italia şi Slovenia / Sergiu CONSTANTIN / Legislaţia şi aplicarea drepturilor de protecţie a minorităţilor în Ucraina : experienţele politicii privind minorităţile într-un stat naţional nou / Mihály TÓTH -- Drepturile lingvistice ale minorităţilor şi utilizarea limbilor minoritare în România / István HORVÁTH -- Soluţii electorale speciale pentru minorităţi : legislaţia românească în perspectivă comparată / István Gergő SZÉKELY -- Sistemul drepturilor minoritare şi autonomia culturală în proiectul de lege privind statutul minorităţilor naţionale / Attila VARGA

Divorce, common-law marriage and illegitimacy (irrespective of its forms) were, no matter the society typology as the phenomenon is approached, forms of social deviation that entailed the dilution of the family image and norms. We do not discuss here about a dilution of the traditional norms concerning family, as someone might misunderstand, it was an erosion of the idea of family in general. The "family" could acquire different forms as compared to the "official" one. Paradoxically, all these were not only the result of personal emancipation, when the youth broke from the traditional norms, which were strongly influenced by religious norms and values, and would have got involved in "dangerous and shameful relationships". The peasant "forgot" to marry his woman not out of emancipation. The theory of personal emancipation leading to the erosion of the idea of family through the dilution of traditional norms, which was valid from the urban perspective (here, due to the affirmation of modernity, the alterity of religious norms led to such relationships), was not supported in the peasant countryside.
The Church fought all these. In fact, the bishopric sent guidelines to priests to take steps against common-law marriages very often. Despite priests' endeavours, the results were not considerable. Few priests could boast (after the first recommendation) in their subsequent parish report to have significantly contributed to diminishing the number of common-law marriages in their parish. The Church faced another issue brought about by its long debate with the State to control the act of marriage. The marriage laws set out in 1894 were the most complex laws regulating the political-religious relations in the matrimonial field in the second half of the 19th century. Due to their clarity, they managed to put an end to the conflicts between the lay and church authorities. Moreover, the debate concerning matrimonial issues for different confessions ended, too, in favour of the State. The State managed to impose its authority in the matrimonial field. The Church was thus compelled to accept the increased competence of the State by introducing the civil documents. All these caused mutations that triggered very different behaviours. Nevertheless, the Church kept imposing religious marriage, divorce and re-marriage for all its parishioners. In such a situation, by analysing the evolution of common-law marriages from the perspective of the Church, we may notice that, on the level of the whole area we focused on, there was a greater easiness in approaching religious marriage after 1895, once the compulsory civil marriage was imposed. The perception of the divorce also changed when the civil matrimonial law was introduced at the end of 1894. Through a last effort, as the Church did not acknowledge lay divorce, they did not grant the right to a second marriage to the individuals. Moreover, from the perspective of the Church, the possible future marriage was considered as a mere common-law marriage, although the State approved of the divorce and the second marriage in which a divorced partner was involved.

The parish registers of civil status, although the main sources of documentation for historical demography, are used with significant results by the other sciences such as history, ethnography, sociology, anthropology, linguistics, etc.. The perspectives of approaching the rural community and family have expanded considerably using these sources of ecclesiastical origin documentaries. The first researchers who refer to a systematic methodology that uses the parish registers of civil status as documentary sources for the completion of demographic data suggest the use of other sources, hitherto unused for this purpose. They will apply a new method, a modern innovation, the stripping and analysis of parish registers of civil status within the meaning of the reconstruction of demographic events (birth, marriage, death).
The family reconstitution method, by analyzing the parish registers of civil status proposed by L. Henry and M. Fleury, has revolutionized the field of study dealing with people. Louis Henry believes that the parish registers of civil status is the ultimate source of information for the pre-state period and this is precisely the reason for which he proposes restoring the family's biological life. Church registers are only able to give us an insight into the family in rural areas, at least for the second half of the XIX century. Church documents, the fundamental sources for researching family life, are of two categories: 1. civil status registers and annual reports of the parishes, 2. Church authorities funds, documents and minutes recorded by the bishops. These documents are complex sources for the researcher interested in historical demography, social history, and the economic history of toponymy, birthdays, etc.
Processing the data contained in these records requires a specific methodology. They allow us to observe trends that have occurred on the long-term demographic events such as: birth, marriage or death. These records are presented for a long time as their only source of documentation regarding civil status and demographic events in the life of most people. Researching these records can unveil important features of natural population movement, the phenomenon of birth, of marriage, the divorce or death. Then, an analysis of form and content of these registers can capture the cultural universe of the priests who fill these records.
These Church documents proved to be important, especially where other documentary sources (mainly those in the category of records made by the state) have proved insufficient, incomplete and unclear. The parish registers of civil status in this case are suitable for both a qualitative analysis, and a quantitative one at the level of local communities. Beyond their usefulness and significance of documentary source, these documents should be regarded as being subjective because they were managed by priests (every priest is then an exponent to promote demographic and confessional "realities" and such realities were viewed from the perspective of his own religious convictions). The parish registers, however, prove to be the only documents that allow us to penetrate the privacy of individuals in each community. A documentary is also undeniably a good dowry that researchers should promote and use in their research not only locally but also to verify and demonstrate certain behaviours and overall trends.