Diskursivní teorie liberální demokracie
In: Politeia
In: Politeia
In: Sociologický časopis / Czech Sociological Review, Band 38, Heft 1-2, S. 79-87
This article analyzes the history, development, & continuity of the sociology of law within the context of Czech social & legal science since 1989. The sociology of law is depicted as a branch of both social & legal science that has suffered greatly from different political discontinuities & ideological repression during the communist era. After the 1989 political changes, the weak tradition of the Czech sociology of law had to be reconstituted. This development is mainly typical of the law faculties of different Czech universities, while academics trained in general sociology & social theory rather continue to ignore the importance & social functions of the legal system in the process of the postcommunist transformation of Czech society.
Foreword by the Editors -- General Introduction -- 1. Status of Religious Communities -- 2. Relations between the State and Islam -- 3. State Support for Islamic Religious Communities -- 4. The Islamic Community of the Czech Republic -- 5. Muslims and the Law on Issues of Social Integration -- 6. Mosques and Prayer Houses -- 7. Burial and Cemeteries -- 8. Education and Schools -- 9. Further and Higher (Tertiary) Education -- 10. Islamic Chaplaincy in Public Institutions -- 11. Employment and Social Law -- 12. Islamic Slaughter and Food Regulation -- 13. Islamic Goods and Services -- 14. Islamic Dress -- 15. Criminal Law -- 16. Family Law -- Bibliography -- Index.
In: Politici imperiale în estul şi vestul spaţiului românesc, S. 297-306
More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church's right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual's life.
As time went by, the State became more and more complex while its legislation became ever more "lay". It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church's legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man's life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children's interests. They were all conceived to better supervise individual's education in a moral family where the Church would still have an influence.
In: Studii Europene, Heft 1, S. 19-35
Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.
The study focuses on spatial analysis of the general election results in Lower Silesia, Lodz and Lesser Poland voivodeships in a period between 2001 and 2015. Primary subjects of the analysis are political parties Law and Justice, Civic Platform, Polish People´s Party and Democratic Left Alliance, but particularly works also with the results of another parties (Self-Defence, League of Polish families, Modern). Standard electoral geography methodological methods, such as cartographic display of election results, correlation analysis and concentration of the election results measurement have been used on the local level and along with Polish and Czech literature review are included in the study. Main goal of the study was to find out if there are structural differences in terms of electoral support for the parties on both regional and voivodeship level. The analysis proved deeper context of the election results in the eastern regions along with a changing spatial structure of the Law and Justice support in the first decade of the 21st century and related deepening differences between voter bases of the Law and Justice and the Civic Platform- strongest parties in Poland. Findings of the analysis might be useful for upcoming research of the analysis of the electoral support in terms of regional differences.
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In: Politologický časopis, Band 19, Heft 1, S. 32-45
ISSN: 1211-3247
The article deals with the "state of the art" of municipal and local politics research in Germany. The main objective is to describe and analyze good practice in German sub-regional politics research and to demonstrate its main distinctive features. The paper provides a general overview of current approaches to sub-regional politics research existing mainly in the framework of political science with strong connections to other disciplines (such as law or sociology) and a strong tendency to form a multidisciplinary approach. Our analysis deals with the following: a description of the main research institutions and distinguished scholars in the field, a discussion of prevailing topics, and a study of the most cited publication outcomes since the year 2000. The paper also examines the main differences between Czech and German research in the field of municipal and local politics. Adapted from the source document.
Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them.
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In: Perspective demografice, istorice şi sociologice. Studii de populaţie, S. 151-181
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.
In: Mezinárodní vztahy: Czech journal of international relations, Band 48, Heft 1, S. 5-26
ISSN: 0543-7989, 0323-1844
Due to the different and mutually incompatible interpretations of Article X of the Treaty of Utrecht of 1713, there is still an ongoing dispute between the United Kingdom and the Kingdom of Spain on the question of the sovereignty of Gibraltar. In the United Kingdom's view, which is largely shared by legal scholars, Article X of the Treaty of Utrecht grants full and entire sovereignty over Gibraltar to the UK. Meanwhile, the Kingdom of Spain argues that Article X yielded to the crown of Great Britain only the property of Gibraltar's castle, town and port. Sovereignty over Gibraltar, however, continued to be retained by the Spanish state. In spite of their disagreement, both states started negotiating a form of condominium at the beginning of the 21st century. In the end, they failed to achieve this goal, which seems to be incompatible with the UN General Assembly resolutions on the decolonization of Gibraltar. The people of Gibraltar, who are the third actor in the Spanish-British dispute, claim their own sovereignty and their right to self-determination. However, according to the UN General Assembly, the decolonization of Gibraltar requires as a precondition that the Kingdom of Spain and the UK solve their dispute on the question of sovereignty. Otherwise the decolonization of Gibraltar cannot occur. Both the United Kingdom and the Kingdom of Spain are European Union members but their inter-state dispute under international law cannot be solved within the EU context. Thus, three hundred years after the signature of the Treaty of Utrecht, the future of Gibraltar remains completely unclear. Adapted from the source document.
In: Polis: revistă de științe politice ; revista Facultății de Științe Politice și Administrative, Universitatea "Petre Andrei" din Iași = Polis : journal of political science, Band 7, Heft 1, S. 93-115
ISSN: 2344-5750
The article surveys the various stances taken in interwar Romania towards the contemporary international - particularly French - trends of legal and political theory meant at counteracting the shortcomings manifested by the legislative patterns of Napoleonic provenance when confronted with the exigencies of expanding associational life and the need of growing state intervention in the sphere of the relations between economic factors. The crisscrossing visions of federalist syndicalism and, respectively, juridical socialism - exposed most conspicuously by the legal philosophers Léon Duguit and Emmanuel Lévy - are shown to receive various evaluations in the local milieu, from the part of authors connected with the leading journal of the Romanian Social Institute and otherwise (and always by reference to the predicament of social reform in the national space). It is highlighted that the impact of the ideas involved in the debate was broader and more diffuse than one could assume when taking into consideration only the outspoken - and partly obsolete - objectives and premises of the argumentations in question.
Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.
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Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.
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In: Analele Universității București: Annals of the University of Bucharest = Les Annales de l'Université de Bucarest. Științe politice = Political science series = Série Sciences politiques, Band 9, S. 51-56
The study examines public's perceptions of the political climate in the Slovak society before the Parliamentary Elections scheduled for 2002. It compares public's opinions and views during two specific periods-In October 1997-a year before Parliamentary Elections (three years into Vladimir Mečiar's government) and in September 2001 (approximately 3 years into the government of Mikulaš Dzurinda). Findings of two separate empirical sociological surveys, one conducted in October 1997, other in September 2001, conducted by the Institute for Public Affairs form the basis for analysis. The results of the analysis showed that despite the fact that the public perceived the socio-political situation as gradually worsening after the 1998 Parliamentary elections, their perceptions as recorded in September 2001, are qualitatively of a different nature than those observed in October 1997 (Vladimir Mečiar's government). This difference was observed mainly in the area of public's perception of problems in the society, evaluation of developments in specific areas [in society], as well as the degree of public's pre-election expectations. When it comes to public opinion, the general mood before the 2002 elections is dictated predominantly by the problems in the economy and the social sphere-it is not caused by any shortcomings in guaranteeing democracy and the rule of law, as was the case before 1998 election. ; The study examines public's perceptions of the political climate in the Slovak society before the Parliamentary Elections scheduled for 2002. It compares public's opinions and views during two specific periods-In October 1997-a year before Parliamentary Elections (three years into Vladimir Mečiar's government) and in September 2001 (approximately 3 years into the government of Mikulaš Dzurinda). Findings of two separate empirical sociological surveys, one conducted in October 1997, other in September 2001, conducted by the Institute for Public Affairs form the basis for analysis. The results of the analysis showed that ...
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