Suchergebnisse

Often presented as a rule, this axiom or adage in reality is simply a gloss, in other words, a commentary by a lawyer and not a legal rule. To turn it into a legal rule, it would be necessary that the law punish acts of private justice even when they only use means lawful in themselves. Souvent cité comme une règle, cet adage n'est en réalité qu'une glose : commentaire de juriste, et non règle de droit. Pour qu'il en soit autrement, il faudrait que le droit punisse des actes de justice privée même lorsqu'ils n'utilisent que des moyens licites en soi. ; Peer reviewed

Greek administration and administrative law.
The development of public Administration is marked by an increasing deconcentration, a growing local level decentralization, an adoption of private law raies and accountancy by public bodies for their industrial and trading ventures. Greek administrative law, under the influence of the rulings of the French State Council, is based on the principles of legality, the saveguard of the general interest and of that of Administration. The staff of Administration, of local govemments, and public administrative institutions is mostly made up of civil servants whose status is established by the law and regulations and guarantied by the very Constitution. Judicial control of public administration is assumed by the State Council, the ordinary and special administrative courts, civil law courts, and the Court of Accounts (Auditor General).

An essay on juridical aspects of sociol, based on an examination of the relevent literature, Agreement is voices with the view of G. Gurvitch that juridical sociol is the full sci of law & that it includes what has been called the philosophy of law, as well as the general theory of law, juristics, juridical phenomenology, juridical deontology, etc. It does not, however, include juridical logic, which is one of the formal types of logic. Nor does it include juridical & judiciary psychol, which may, however, serve as its auxilliary sci's. Practical res themes of juridical sociol include: the teaching of law; the genesis & evolution of laws; knowledge of & respect for law; egoistic & altruistic aspects of legal relations; private & collective property, etc. I. Langnas.

Soviet theory of international law for the seventies
Towards the end of the sixties, Soviet leaders became convinced that in order to move forward with the development of Soviet economy, it is necessary to establish closer economic and cultural relations with the industrialized West. One of the facets of this policy was the reorientation of Soviet science of international law, and a less critical view of what was being done scientifically in Western cultures. A turning point took place during the annual meeting of the Soviet Association of International Law, in 1972 at which Professor Tunkin, the leading Soviet publicist criticized the uncritical attitude of his colleagues towards Western science of international law. Since the time, Soviet publicists have adopted the methods of research, techniques of scientific inquiry, and the organization of treaties of international law in the West. Professor Tunkin himself in his studies reaffirmed that there is only one science of international law (Soviet and Western included), that the development of international law is also the achievement of Western scholars, and that only since the October revolution SovieL science armed with the theories of Marx and Lenin are able to perceive more correctly the real development of international law. Soviet scholars began to write with approval about their colleagues in the West, although basic criticism has remained in place. What is even more important, the accepted view now is that there is one general international law binding the capitalist and socialist world, with this reservation however that socialist countries are more respectful of the rights of other countries guaranteed by international law.

Some Methodological Problems Arising in Research in Administrative Law in Socialist Countries.
This note is based on a study by Horst Winkelmann on the doctrine of Soviet Administrative Law destined to inform the Federal German reader on the role of the Administrative organ within the Soviet system.
Winkelmann notes the absence of a distinction between real and legal acts; between general and specific ones; and between acts which determine relations inside the administrative apparatus from those which concern outsiders. All of these distinctions exist within the framework of the West German doctrine.
Following his analysis of the character of the administrative act, Winkelmann criticizes its judicial short-comings. He observes namely, that an essential trait of Soviet Administrative Law is the fact that the principle of reappraisal does not exist; whereas it is respected in Poland, Czechoslovakia, Yugoslavia and Hungary.
The preceding analyses serve as a backdrop for Jan Badkowski's comparisons on the state of the matter in different East-European countries.

Supervision of the constitutionality and legality of regulatory acts and general self-management acts in Yugoslav law.
In Yugoslavia, which is a federal, decentralized, self-managing state, the supervisory function assumes two main forms. Regulatory and self-management acts are drawn up by various bodies: Praesidium of the FSR, assemblies, executive councils, socio-political communities, self-managing organizations, who successively exercise administrative supervision of these acts. Supervision of the judiciary has been especially strengthened by the introduction, in 1963, of a federal constitutional court and republican courts. The first of these is responsible for judging the conformity of a given act with the Constitution and with federal law. The republican courts, for their part, are concerned only with the Constitution and their own internal laws. This latter form of judicial constitutional supervision has meant that citizens' rights are increasingly safeguarded.

The manner in which the primacy of the Assembly over the General in the presidential structure of religious orders is studied. The Carthusian order is chosen, because: (i) founded in 1080, it offers 9 cent's of uninterrupted data; (ii) it has not known the profound crises from which so many other orders have suffered; & (iii) it developed the principle of the Assembly's primacy at the time of its inception. A succinct history of the Order is given, & its distinguishing features are described in detail. Carthusians lead a life of contemplation, cloistered from the world, in the obscurity of voluntary anonymity. The relative authority & separate powers of the Assembly & the Vicar General are analyzed in an attempt to show how the order has remained true to its original course without becoming sclerotic. Appendix: Apostolic Constitution of Pope Pius XI Approving the Statutes of the Carthusian Order Revised According to the Prescriptions of the Code of Canon Law (1924). M. Duke.

Structures of public companies
All non-collectivist countries distinguish traditionally between two types of legal organisation, viz under public and under private law. As regards the first type, purely public law companies without legal capacity tend to disappear to the advantage of public institutions (etablissements publics), which in turn change gradually by taking over managerial structures or forms of management from the private sector, unless they do not become companies rightaway. There seems to be a general trend towards assuming statute law types of organisation considering that public companies depend ever more on central bodies or flrms, concerns, holdings, controlling "clusters" of subsidiaries. The public economy sector is hence taking on a new structure the main feature of which is the evolution towards 'public groups' . Here the development of a legal framework for the public company remains a delicate question, although some Latin-american countries and France work on it. The choice of structures has to respect a certain number of factors, such as convenience of management, type of tasks, technical and economic operating features, as well as national political options and problems of control. The author assesses in respect of each factor the various criteria to be taken into consideration to solve the problem of structural choice, of which the most prominent aspect is the need for constant adjustment. This need becomes in practice an issue of current management for the state and public groups.

Relationships between the administrative organs of the commune and of the larger socio-political communities.
In the Yugoslav political system, decentralization has been so organized as to allow for the specific nature of the country. The responsibility of the administrative organs lies within the framework of the same territorial community, each organ being answerable for its acts to the territorial assembly and the executive organ of the socio-political community to which it is attached. The allocation of responsibilities between the administrative organs of the commune and the administrative organs of wider socio-political communities is laid down by the Constitution and by the laws of the Republics. When it comes to problems of common interest, or of law enforcement, what is the nature of the relationships existing among the administrative organs of the various sociopolitical communities? According to the particular case, there may be collabora- tory relationships between the federal, the republican and local administrative organs, or a supervisory relationship exercised by the administrative organs of larger socio-political communities over the acts of communal administration, whether of a general or an individual nature. This supervisory function may relate either to the legality of administrative acts, or equally to their appropriateness. Correspondingly, the administrative organs of the Republic have obligations toward the communal administrations. There is a tendency to dispense with the hierarchical element in relations among administrative organs.
Evaluation of this system of decentralization, which is closely linked to socio- economic relations in the life of Yugoslavia, leads one to wonder how far it ensures the self-managing nature of decentralized units while at the same time safeguarding the general national interest.

The author begins by discussing the two main fundamental methods, i.e. integrism and reductionism, which are used for the interpretation of the physical world.
But the main idea which dominates this paper is based on an analogy between Mendeleïev's periodic law which transcends inorganic matter, and the behaviour of living beings.
It is suggested that, just as atomic masses were used to classify the species in the inanimate world, it would be valuable to codify the organic world in terms of maximal life-spans.
A theory was recently worked out by the author to interpret this very general phenomenon on the basis of the concentrations of organic free radicals in the brain. This is strictly related to the presence of a more or less free electron, which itself explains the remarkable structure of the periodic system.
Further, suggestions are made concerning other fundamental properties of living matter, such as senescence and cancer, and these are integrated with life-span in a unifying theory.
It is mainly in these directions, based on a research of holistic properties of living matter, that a new way is opened up for the further evolution of biophysics itself.

Intended to be an introduction to the Belgian law of work collective relations, the book puts strikes, trade unions, collective bargaining conventions in the framework of a general theory of the relationships necessary between mastery of the means of production, refusal to work and refusal to employment. ; Les relations de travail se déroulant dans des conditions qui dépendent en grande partie des menaces tantôt actuelles, tantôt virtuelles, de refus d'emploi et de refus de travail, l'auteur expose en quoi c'est principalement celle de refus de travail qui détermine l'importance des relations collectives. Aussi l'analyse du droit qui règle ces relations est-elle exposée dans un ordre peu traditionnel : après une Introduction consacrée à la maîtrise, assurée par le droit étatique, des biens de production, c'est par les conflits collectifs du travail qu'elle commence, par la grève plus que par le lock out ou par l'occupation d'usine (Ière Partie). Et de même que la réflexion sur les guerres conduit logiquement à examiner les armées et les traités, le droit des organisations syndicales (celui qu'elles tendent à produire et celui qui les vise) fait l'objet de la IIème Partie, la négociation et les conventions collectives de la IIIème. Moins importante, la IVème traite des relations collectives dans l'organisation de l'entreprise. ; D/1980/0023/14

Samuel С. Ramer, Democracy versus the rule of a civic elite: Aleksandr Ivanovič Novikov and the fate of self-government in Russia.
Aleksandr Ivanovič Novikov's Zapiski zemskogo načal'nika has long been a valuable guide for scholars interested in rural Russia at the turn of the century. Almost nothing has been written about Novikov himself, even though his career and political ideas shed light on a number of general problems in Russia's political history, and this article attempts to fill that gap. Novikov came from a prominent Slavophile family. His experience as a zemskij načal'nik transformed him from a paternalistic landlord into a prolific advocate of universal education and the rule of law. At the beginning of this century he identified himself more and more closely with the emerging liberal movement in Russia. As mayor of Baku from 1902 to 1904 he attempted to improve city administration by hiring members of the zemstvo's" third element" to staff city positions. He failed as a mayor because of his indifference to local customs and national sensitivities, his disdain for any politics based on interests rather than ideals, and his contempt for the Baku duma, whose members regarded patronage and business as legitimate parts of political life. This article examines his growing impatience with democracy as manifested in Russia's institutions of local self-government and his wish for rule by an enlightened civic elite such as the "third element."