Hasil untuk "History of Law"

Benjamin Goh

Lia Raffaella Cresci

ABSTRACT Time and antihistoire This article analyses the succession of historians in the five sections of the Excerpta Constntiniana that have come down to us, not connecting it to categories or historiographical genres, but to the organisation of the work of this συλλογή.

Piotr Buława

The Austro-Hungarian Bank was the prototype for the regulation of the legal status of central banks in the newly established states in Central Europe after the First World War. This relationship is overlooked in the Polish literature, as the genesis of Polish central banking is based solely on the Bank of Poland, founded in 1820. The exemplary nature of the Austro-Hungarian Bank is confirmed by a common core approach analysis of its articles of association with the articles of the Austrian National Bank, the Czechoslovak National Bank, Bank of Poland S.A., and the Reichsbank. This analysis shows similarities in the content and structure of the articles and the legal institution used in all banks except the Reichsbank. The similarity is particularly evident in the establishment of the banks as independent banks. All banks were established as joint-stock companies, and disputes between the central bank and the state were to be settled by an arbitration court, except for the Reichsbank.

B. H. Holovko

In search of an answer to the question of the reasons for the unprovoked aggression of the Russian Federation against Ukraine, researchers turn to the first steps in the common history of the two states, including in the field of military law. One of the key problems in this direction is the clarification of the legal status of a serviceman on the territory of Ukraine during the period of Modern History. The issue is complicated by the fact that as a result of the partitions of Poland in the late 18th century and early 19th century, Ukrainian lands were annexed to foreign states, which initiated the absorption of Ukrainian law by the legal systems of the metropolitan states. It has been proven that the state's attitude towards the military, the system of mutual rights and obligations was determined depending on the territory of which state the Ukrainian military was located. It can be assumed that the legal status of a military serviceman was more democratic if we are talking about his definition by the law of the Austrian or, over time, the Austro-Hungarian Empire. At the same time, the rights of the military under the law of the 19th century Russian state were subject to excessive administration. It is determined that the accession of the legal system of the Ukrainian territories had certain positive consequences as a manifestation of legal acculturation. At the same time, it is quite obvious that the spread of foreign legal systems on the lands of Ukraine had the negative consequence of forgetting the very original and attractive local features of law that had developed in previous times and provided for much more significant protection of the rights of the military, his participation in democratization of the armed forces through participation in leadership elections, accountability, a system of incentives, a fair system of punishments, etc. It has been established that the law, primarily of the Russian Empire, in attempts to determine the legal status of the military, first of all, turned to the class and social origin of the person, accordingly increasing the scope of rights of officers, senior and higher and limiting the rights of ordinary servicemen. Moreover, the military laws of the Russian Empire contained certain oppressions regarding the recruitment and career growth of residents of Ukrainian lands. It has been proven that, at least until the military reform of 1874, the possibility of protecting the rights by the military in court, was severely limited due to the imperfect organization of military courts. In our opinion, considering the above circumstances may be useful in the process of improving the military law of Ukraine.

Rebecca F. Wilson, Dominique D. Harrison, Esther Amoakohene et al.

Abstract Background People with disabilities (PwD) are at an increased risk of experiencing nonfatal violence; however, the risk of fatal violence victimization (i.e., homicide) among this population is less well established. Methods We used National Violent Death Reporting System (NVDRS) data for homicide victims with disabilities for 2003 to 2022 in 50 states, the District of Columbia, and Puerto Rico. NVDRS is a surveillance system that collects data on violent deaths, linking information from death certificates, coroner or medical examiner records, and law enforcement reports. NVDRS does not currently include standard variables on disability status or disability type; these decedent characteristics were identified using a literal text search of textual data. Descriptive statistics were used to characterize homicides among PwD. Results From 2003 to 2022, NVDRS collected 1,498 homicides among people with disabilities. The largest proportion of victims had a neurological disability (36.7%), followed by cognitive disability (35.5%), physical disability (22.4%), or unspecified disability type (5.4%); 18.2% had multiple disability types. Those aged ≥ 65 years accounted for 45.1% of all victims; the largest proportion of victims were ≥ 75 years old (29.7%). A firearm was used in 38.5% of these homicides. The top three precipitating circumstances of these homicides were: caregiver abuse and neglect (27.0%), argument (26.0%), and intimate partner violence (IPV; 24.0%). Caregiver abuse or neglect precipitated 38.1% of homicides among female victims, versus 19.1% of male victims. IPV precipitated 43.7% of female homicides, versus 9.1% of male homicides. Half (49.5%) of all victims had a mental health problem at the time of death; 23.3% had a history of ever being treated for a mental health problem; 17.8% were receiving mental health treatment at the time of death. Conclusion This study characterized homicides among PwD. Older adults accounted for nearly half of all victims, and mental health conditions such as dementia and Alzheimer’s disease were frequently present among decedents, especially female victims. Among older adults and child victims, caregiver abuse/neglect was common. Our results underscore the importance of supporting caregivers of PwD, creating protective environments for PwD, systematically collecting data on violence against PwD, and tailoring prevention strategies to address the needs of PwD.

Umi Henik

This study aims to describe the implementation of education quality assurance in improving PAI learning at MA At-tadzkir Kaliaren Grobogan. This research uses a type of descriptive qualitative research. Data collection techniques using interviews, observations, and document reviews. While data analysis is used, interactive analysis models include data reduction, data delivery, and conclusions. Based on the results of the study, the quality mapping carried out by the madrasah to improve PAI learning, in general, has been carried out well. The preparation of quality fulfillment plans carried out by the madrasah is quite good. The implementation of quality fulfillment carried out by madrasah to improve PAI learning is quite good, meaning that 8 national standards of education have been fulfilled in the implementation of madrasah, namely fulfillment of content standards, fulfillment of process standards, fulfillment of graduate competency standards, fulfillment of standards of educators and educational personnel, fulfillment of standards of facilities and infrastructure, fulfillment of management standards, fulfillment of financing standards and fulfillment of educational assessment standards.  The quality evaluation/audit conducted by the madrasah to improve PAI learning is quite good, shown by the implementation of formative evaluation referring to process indicators, summative evaluation referring to indicators of output, outcome, and impact, and auditing the SNP fulfillment process according to a previously set plan

Alexander V. Zhadan

The problem of providing employees with food was one of the most difficult and urgent for the leadership of the NKVD during the Great Patriotic War. The efficiency of labor collectives, the moral and psychological state of the staff directly depended on the solution of this issue. In this publication, based on documentary sources, a significant part of which is being introduced into scientific circulation for the first time, the goal was to analyze and summarize the historical experience of the activities of the territorial bodies of the NKVD of the Far East in solving the issue of food supply of personnel. The research used the principles of historicism, objectivity and consistency, as well as methods of social history. The conducted research showed that the wartime had a negative impact on the financial situation of the NKVD personnel. The problem of meeting the basic living needs of employees, in particular the provision of food, has become particularly acute. This situation reduced the motivation of labor collectives, provoked the commission of disciplinary offenses and crimes caused by the desire of employees to improve the financial situation of their families. The main ways to improve the food supply system for employees of the territorial bodies of the NKVD of the Far East during the Great Patriotic War were: the expansion of the practice of self-procurement and decentralized procurement; the introduction of a system of standardized food supply for employees; streamlining the activities of the Special Trade system; improving the efficiency of subsidiary farms; the development of individual and collective gardening. Characteristic aspects of the life of the employees were agricultural work in individual and collective gardens, in subsidiary farms. The implemented set of measures made it possible to ensure the food security of labor collectives, which should certainly be considered an important merit of the leadership and party organizations of the Far Eastern NKVD bodies. At the same time, activities related to self-sufficiency led to a significant diversion of personnel resources from solving the main service and operational tasks, which negatively affected the effectiveness of law enforcement work.

Sandro Notari

Teodolfo Mertel, giurista e storico, uomo di Stato e cardinale (Allumiere, 1806-ivi, 1899) ha dedicato un inedito saggio agli statuti comunali. Rinvenuto presso l’Archivio Apostolico Vaticano, lo scritto era destinato a fare da introduzione alla pubblicazione dell’intera collezione degli statuti dei comuni dello Stato Pontificio. La collezione, conservata a Roma, fu notevolmente arricchita e sistematizzata per iniziativa di Mertel nella sua veste di ministro dell’Interno, carica che egli ricoprì dal 1853 al 1858. Mertel inquadra la fonte statutaria nel contesto della vicenda comunale, distingue le varie tipologie di statuti, ne esamina i contenuti con esempi tratti dagli esemplari statutari presenti nella collezione. L’obiettivo dichiarato è la rivalutazione storiografica della fonte statutaria. Mertel si prefigge qualcosa di più della semplice rivitalizzazione storico-erudita della fonte statutaria locale: egli considera gli statuti portatori di uno strato profondo di princìpi da cui traggono origine gli ordinamenti giuridici e le istituzioni politiche moderne. Nella normativa e nell’organizzazione istituzionale dei comuni medievali egli rinviene le radici di alcune nozioni e tecniche costituzionali – ad esempio il principio rappresentativo, la divisione o l’equilibrio dei poteri – che erano al centro della riflessione teorica e del dibattito giuspolitico europeo del primo Ottocento. Il saggio di Mertel si inserisce a pieno titolo nel quadro dell’ampio e vivace dibattito ottocentesco sul ruolo degli ordinamenti comunali medievali nel processo – e nel modello – dell’incivilimento.

Paweł Lesiński

The Springtime of Nations in Germany is mostly associated with the views of various moderate liberals who played leading roles during these revolutionary events. The case is different when it comes to the members of the most radical wing within the liberal movement, the so-called “democrats.” Their ideas are described far less frequently. The article presented analyzes the idea of human rights in the view of Gustav Struve – one of the most important figures in the German democratic movement. During the German Springtime of Nations, the notion of human rights was one of the most frequently discussed but also variably understood problems. G. Struve’s views regarding this question refer not only to the idea of human rights, they also form a kind of political manifesto including solutions for various problems encountered by average citizens along with suggestions concerning an equitable structure of the social order. These postulates were revolutionary and radical but often incoherent. Thus, they fit well into the characteristics of the whole German democratic movement in the first half of the 19th century, which was seen as an unpopular, unsystematic, eclectic and immature phenomenon. The article first describes G. Struve’s life in the context of various events of the German Springtime of Nations. Subsequently, it analyzes the notion of the human being, his functioning in the social community and the definition of his rights. The article ends with an analysis of the material content of the concept of human rights in the view of the described German radical. * This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See Lesiński, “«Wohlstand, Bildung und Freiheit für Alle.»Idea praw człowieka.”

Paweł Lesiński

The article is a review of the monograph entitled Bildung und Demokratie in der Weimarer Republik, published by Franz Steiner Verlag in 2022. This monograph is an effect of the academic conference “Bildung und Demokratie”, that took place in 2020 and was organized by the Weimar Republic Research Institution of the Friedrich Schiller University of Jena and Weimarer Republik e. V. The editors of the reviewed monograph, namely Andreas Braune, Sebastian Elsbach, and Ronny Noak, are renowned scholars specializing in problematics of the Weimar Republic. This review article contains a short de- scription and evaluation of all sixteen chapters published together as a monograph. As a whole, they refer to a wide spectrum of subjects. However, their common ground is the question of the education of both youth and adults on the subjects of democracy and republicanism during the period of the Weimar Republic. All issues raised in the monograph are also analysed in the context of the very complex political reality of Weimar Germany. The article ends with general remarks on the problematics discussed in the monograph.

Franck Roumy

Eduard Khodun

The article deals with the attitude of predominantly religious American society to the atheistic USSR and the perspectives of military-political alliance with it at the initial stage of the German-Soviet war. The chronological boundaries of the study are the period from the German attack on the USSR on June 22, 1941, to the beginning of December 1941, when a number of important events occurred: the Soviet counteroffensive near Moscow, Japan attacked the U.S. Pacific Fleet base in Pearl Harbor, Germany, and Italy declared war on the United States. The aim of the article is a comprehensive analysis and systematization of the religious aspect of the USSR’s reputation in U.S. public opinion at the beginning of the German-Soviet war. Methodology: the article uses the method of analysis to study various points of view of American society on the possibility of an alliance with the USSR in the second half of 1941. The author also applies methods of systematization and generalization to illustrate the conclusions. Scientific novelty: for the first time in domestic historiography, the religious factor in U.S. public opinion about the possibility of an alliance with the USSR is analyzed. The author comes to the conclusion that the religious consciousness of American citizens had a significant impact on the adoption of important political decisions, and on the issue of alliance with the USSR at the beginning of the German-Soviet war, the religious part of American society proposed two possible models of solution: the absolute exclusion of any support for the USSR from the United States and, on the contrary, the establishment of temporary cooperation for early victory over the common enemy. Despite the existence of mutually exclusive strategies, supporters of both of them regarded the USSR as an ideological opponent with whom it is fundamentally impossible to build long-term promising relations.

Viktoriia Pilkevych

The author studies the evolution of relationship between the United States and the United Nations Educational, Scientific and Cultural Organization. It is actual problem in international relation. The history of their communication has gone from active cooperation to disputes. The main achievements in the cooperation between the USA and UNESCO are determined. Author studies the criticism of UNESCO’s activities by the United States. The aim of the article is to analyze the relationship between the United States and UNESCO since the founding of UNESCO to the present. The scientific novelty is first attempt to analyze the history of cooperation between the United States and UNESCO in the context of the evolution of their relations, which include achievements and fails, active participation in the Organization and criticism of UNESCO policy by the United States. The methodological basis of the article is based on the different methodological principles, such as the principle of historicism, systematic. The author used a historical-comparative method to understand changes in relations between the U.S. and the Organization. Special attention was given to the statistical method, which gave information about the number of cultural and natural sites on the UNESCO World Heritage List. Conclusions. Сommunication between the United States and UNESCO has its own page in history, which includes relations since the country participation in the founding of the Organization, ratification of its main conventions, participation in different projects, events, withdrawal by the United States from UNESCO in the 1980s and the return in 2003 to UNESCO, disagreement of the financial policy of the Organization, to criticism of the admission of Palestine to UNESCO, the non-payment of contributions to the budget and the final withdrawal from UNESCO on 31 December 2018.

Brigitte Falkenburg

There are many books on Kant's accounts of the laws of nature and of the moral law, but there is almost no literature that covers both topics in order to clarify their common grounds and their diff...

John Hudson, William Eves

إيصال صالح الحوامدة

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M. V. Kamensky

The article contains the results of using the cognitive-functional model of discourse markers to analyze the cognitive and functional potential of the discourse marker «I'd say» as a means of marking new and specifying information in discourse.

A. Bejan, J. Zane

F. Piazza