Hasil untuk "History of Law"

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DOAJ Open Access 2024
The Crime of the Forced Abortion (The culpability of foeticide in the first quarter of twentieth century)

Lucie Bendová Bednářová

This article explores the historical context and legal perspectives surrounding the crime of Forced Abortion in the early 20th century, particularly focusing on cases heard by the Olomouc Regional Court in Czechoslovakia. The analysis of four specific cases highlights the varying outcomes and punishments imposed on individuals involved in forced abortions. The court's approach ranged from acquittal to conviction, taking into account expert testimonies, mitigating circumstances, and the perceived social and moral implications of the crime. The article also examines the evolving views on abortion within society, including discussions on culpability, population interests, and the rights of women. Efforts for legal reform emerged, but ultimately, the strict criminal provisions of the time remained intact.

History (General) and history of Europe, History of Law
DOAJ Open Access 2023
East and West, to the Ratline, and Beyond

Philippe Sands

The horrors of the Nazi regime throughout the 1930s and 1940s are well-known. Less well-known is how international law was relied on to bring those responsible to justice, and the personal stories of the individuals who tried to escape accountability. With reference to a significant vol­ume of personal communications and material this article tells the story of Otto Wächter, the leading Nazi who fled justice after the Second World War, and his son Horst, who struggles to consider his father as anything other than a good man. The story provides a unique way to understand fundamental concepts in international law, as well as to discuss unre­solved issues such as the importance of identity and how best to achieve accountability. Recent events, including the Russian invasion of Ukraine and the crimes committed against the Rohingya people, make such issues as pressing today as they were in the 1940s. On a more personal level, the story allows a reflection on family love and history, individual motivations, and coming to terms with the atrocities of the past.

Religion (General), Practical Theology
DOAJ Open Access 2022
1946 and the Early History of Hydrosilylation

Kenrick M. Lewis, Sabine Couderc

Three events occurred in the second half of 1946 in three adjoining US States (NJ, NY, and PA) which marked the birth of Hydrosilylation Technology. They occurred before the landmark 1957 JACS paper and the 1958 issued US patent by Speier et al. and before Chalk and Harrod named the reaction. First, on 27 June 1946, Mackenzie et al., of Montclair Research Corp., applied for a patent to prepare addition compounds of hydridosilanes and unsaturated organic compounds. Then, on 9 October 1946, Wagner and Strother of Union Carbide Corp. applied for a patent on a process to produce organic compounds of silicon with Si–C bonds by reacting a hydridosilane and an alkene or alkyne in the presence of a catalyst metal of the platinum group. Finally, Sommer et al., submitted a paper on peroxide-catalyzed hydrosilylation to JACS on 17 December 1946. It was published in January 1947. The landmark patent interference <sup>§</sup> and priority <sup>§</sup> case law associated with the Mackenzie et al. and Wagner et al., applications is well known to patent attorneys. This presentation will retrace the origins of hydrosilylation and report events (1946–1960) in the history of the reaction that are most probably unknown to most authors and presenters of hydrosilylation investigations. George Wagner’s contribution to the birth of this technology is also highlighted.

Organic chemistry
DOAJ Open Access 2021
Potencial efectividad económica de los Pagos por Servicios Ambientales en un área protegida en el estado de Amazonas (Brasil)

Henrique dos Santos Pereira, Thaísa Rodrigues Lustosa de Camargo, Suzy Cristina Pedroza da Silva et al.

La implementación de esquemas de pago por servicios ambientales (PSA) en áreas públicas protegidas plantea varias preguntas en los ámbitos económico, social y ambiental. En este documento, analizamos el caso del Programa Bolsa Floresta (PBF) de Brasil, establecido en las Unidades de Conservación de la Naturaleza del estado de Amazonas y considerado uno de los programas más grandes del mundo en términos de área de cobertura. Primero, verificamos si el programa realmente cumple con los requisitos de un PSA típico: condicionalidad, adicionalidad y voluntariedad. En segundo lugar, buscamos evaluar los dos requisitos clave para que un PSA funcione bien: efectividad económica y sostenibilidad ecológica. Al estudiar el caso de la Reserva de Desarrollo Sostenible de Uatumã, determinamos que los pagos realizados no cubren los costos de oportunidad del proveedor-receptor, lo que resulta en la no entrega de los servicios ambientales contratados. El área total de bosque secundario (SF) disponible para ser incorporada en sucesivos ciclos de cultivo puede no ser lo suficientemente grande como para permitir períodos de barbecho de una duración lo suficientemente larga para que la fertilidad del suelo se recupere completamente. La intensificación de las actividades agrícolas en las áreas de SF puede conducir a una degradación del sistema agrícola tradicional y la consecuente pérdida de los servicios ecosistémicos que este sistema puede proporcionar potencialmente. En resumen, estos impactos negativos indican que, al menos en el DEG de Uatumã, el BFP podría no ser efectivo a medio o largo plazo.

History of scholarship and learning. The humanities, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2021
CONTEMPORARY DOCTRINAL UNDERSTANDING OF THE TERM «WAR CRIMES»

N. Troitsky

The author underlines that the formation of the legal concept of «war crimes» is connected with the formation of international humanitarian law from the middle of the 19th century. It is now generally recognized that the fundamental international documents defining the formal legal nature of war crimes are: the Geneva Conventions for the Protection of Victims of the War (1949) and their Additional Protocols (1977); a number of conventions banning the use of certain methods and means of warfare; «establishing» documents of modern bodies of international criminal justice. Decisions of the Nuremberg and Tokyo Tribunals, as well as international tribunals for Rwanda and the former Yugoslavia, are also of particular importance for understanding war crimes. According to the author, in modern Russian doctrine, despite the terminological difference, there is a certain semantic unity in the understanding of the term «war crimes». At the same time, the principles of international humanitarian law are proposed as the basis for the definition of this term (humanity, limiting the warring parties in choosing means and methods of conducting military operations, protecting civilians and civil objects during armed conflicts of an international and non-international nature). However, as most Russian authors emphasize, a war crime, which was initially a violation of international humanitarian law, implies the individual criminal responsibility of the person who committed it. The modern foreign doctrine also states that the term «war crimes» is often used in different and conflicting meanings. However, foreign authors are increasingly using a «narrow» definition: a war crime is a violation of international humanitarian law, entailing criminal liability. The author notes that the question of the applicability of the international legal definition of «war crimes» in the national criminal law system is debated in Russian and foreign doctrine. This thesis is especially important for states not participating in the Rome Statute of the International Criminal Court, but for which the rules of customary international law are binding. As a result, the author concludes that the modern Russian and foreign doctrine is characterized by a fundamentally similar understanding of the term «war crime» in international criminal law.

Law, History of scholarship and learning. The humanities
DOAJ Open Access 2021
ON CHALLENGING POINTS OF THE FORMULATION OF RESPONSIBILITY IN THE SOVIET CIVIL LAW

H. V. Idrisov

Questions of guilt of the individual, the reasons causing his guilty behavior and also negative consequences of these processes are a subject of consideration not only within the framework of psychological and philosophical science, but in law as well. In the period of the developed Roman Law particular importance was attached to existence of guilt in actions of a person and the position according to which «without guilt there is no responsibility», the representing relevance to this day was approved as an axiom. It is no secret that the research of questions of genesis of guilt reveals the regularity consisting that it (guilt) is inseparably linked with other legal category - responsibility. The question of a concept both civil responsibility, and one of its elements - guilt, is a subject of scientiic discussions in present-day legal sources. Proceeding from this context and also impossibility within one scientific article to reflect all process of genesis, the problem categories stated above, the article studies legal aspects of responsibility and its elements created in civil law of the Soviet period. Within this work opinions of scientists concerning approaches in formulation of responsibility are given, new deinitions as a result of the legal analysis of responsibility as legal category are offered. The work represents further development of single aspects of a dissertation research of the author on the subject «Guilt as a responsibility condition in the Russian civil law».

Law, History of scholarship and learning. The humanities
DOAJ Open Access 2021
SOCIAL AND POLITICAL REACTION TO POLISH OPPOSITION FIGURES' IMPRISONMENT IN A MILITARY PRISON IN BREST IN 1930

I. . Kim

The article studies the reaction of Polish political forces and society as regards Polish opposition prominent politicians' imprisonment in a military prison in Brest during the parliamentary election company in 1930, as well as the attitude to the prisoners in prison. Non-published documents of Polish archives and other materials are referred to as the sources of the study.

Law, History of scholarship and learning. The humanities
DOAJ Open Access 2021
THE LEGAL PROCESS OF 1966 IN MINERALNYE VODY OVER THE CASE OF THE ACCOMPLICES TO THE GERMAN INVADERS: PECULIARITIES OF PREPARATION AND CONDUCTING

Sergei Linets

The article throws light upon the gaps in the manifestations of collaborationism in Stavropol territory during the Great Patriotic War, when a greater part of the territory was under the German occupation. The author examines the criminal activity of the police structures and their German patrons in the town of Mineralnye Vody in 1942-1943 who carried out mass extermination of peaceful Soviet citizens. The author reveals the mechanism of the preparation by the occupation authorities of the mass extermination of the Jewish population in Autumn 1942 and the participation in it of the local collaborationists. The post-war activity of the KGB bodies to expose the crimes of the Nazi accomplices and their subsequent searches in the territory of the Soviet Union is also examined. It is emphasized, that there is no prescription for such crimes. The peculiarities of the preparation and conducting of the legal process over the case of the former policemen held in 1966 in the town of Mineralnye Vody are described in detail. The participation of the large circles of the public in the conducting of the legal procedures is analyzed, the attitude of the population to the severe verdict delivered by the Court-Martial to the former German accomplices is accentuated.

Law, History of scholarship and learning. The humanities
DOAJ Open Access 2020
Landscape, Memory, Heritage and Identity (Historiographical Overview)

Olga V. Galkova, Andrej V. Petrov, Viktor V. Glazunov

Introduction. UNESCOs adoption of the Convention “Concerning the Protection of the World Cultural and Natural Heritage” of 1972 led to the discussion on the issues of mutual influence and interdependence of humankind and nature and human perception of the environment and his own ecological niche. As a result of these discussions, the term “cultural landscape” came into use, and became part of the world cultural heritage. Methods and materials. This study is based on the combination of the general, special historical and cultural methods. The central place among them was occupied by the comparative, analytical, historical-genetic, comparative analysis methods and some methods of historical cultural studies. Analysis. The evolution of the cultural landscape took place throughout human history and is a unique blend of not only human development. It also reflects, on the one hand, national culture and mentality, and on the other, shows the influence of natural factors on their development. It also helps to understand the mentality of various ethnic groups, similarities and differences in their perception of the world and attitude. The development of the cultural landscape concept has become an integral part of the Anthropocene theory, based on the teachings of V.I. Vernadsky, about the impact and intersection of the geo-, bio- and noosphere in the fate of humankind. Results. The article considers the development of the “cultural landscape” theory mainly in English and American historiography which conclusively demonstrates how natural factors impact on changes in culture of the same ethnos. Through historiographic studies and comparisons, it becomes possible to trace the importance of preserving and studying the cultural landscapes of the past and present, in order to understand ourselves and be responsible to the world around us.

History of Russia. Soviet Union. Former Soviet Republics, International relations
DOAJ Open Access 2020
Logistical support of agricultural sector in Ukraine: Legal features

Kharytonova Tetiana, Karakash Illya, Hryhorieva Khrystyna et al.

The article is devoted to the issue of legal regulation of logistical support of Ukrainian agriculture. The relevance of the article is that Ukraine's agriculture is far behind optimal international norms, and the provision of agriculture with fixed assets does not meet the needs of production. The authors used the dialectical method, the analysis method, the synthesis method, the logical method, the historical method, the method of comparison. As a result of the study, the following conclusions were made that the legislation on state support of agrarians in the sphere of equipment purchased is not substantiated. This is a significant destabilizing factor, as well as insufficiently professional and scientifically substantiated preparation of such regulatory acts. There is an increasing tendency for the use of a "manual regime" for providing state support in agriculture, which is in the situation of instability, is a risky way.

Agriculture
DOAJ Open Access 2019
Russian-Japanese bilateral relations: limits of rapprochement

Nelidov V.V.

The article evaluates the current state of Russian-Japanese relations and analyzes the reasons why, despite the active top-level political dialogue, which particularly intensified since 2016, the two nations failed to achieve substantial progress in concluding the peace treaty. The author notes that, besides the incompatibility of the countries‟ positions regarding the issue of territorial delimitation, these reasons also include the difference in their approaches regarding key international political issues, low degree of economic interdependence, as well as several subjective and domestic political factors.

South Asia. Southeast Asia. East Asia, Bibliography. Library science. Information resources
CrossRef Open Access 2019
Method and Dialogue in History and Originalism

Logan Everett Sawyer

There is a sharp separation between the scholarly literature of originalists and professional historians. Originalists cite one another, but regularly ignore recent work by historians. Historians are generally happy to return the favor. Engagement between the two communities is too often limited to methodological disputes and amicus briefs. As a result, historical inquiry offers less to constitutional law than it might, and constitutional lawyers offer less to history than they could. Some of this separation is due to unavoidable methodological tension, but those tensions have not always frustrated productive dialogue. Originalism, in fact, emerged as an important theory of constitutional interpretation because of developments in professional historiography. Post-Revisionist approaches to the historiography of Reconstruction inspired and legitimated the book that set originalism on its current trajectory: Raoul Berger's Government by Judiciary. The revolution in the historiography of the founding embodied in Gordon Wood's Creation of the American Republic offered originalists other opportunities. It was not methodological disagreements but technological, institutional, and disciplinary developments since the 1980s that separated history and originalism. Those trends have mostly accelerated in the twenty-first century, but the role historians played in creating originalism suggests opportunities for productive dialogue still exist and should be pursued.

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