Hasil untuk "History of Law"

András Téglási

The paper introduces the emergence, development of the constitutional social rights, and gives a historical overview to these rights in the 20th century. The aim of the paper is to show when the social idea and the appearance of social rights in the constitution began in the Hungarian constitutional system. However, according to the Hungarian legal literature, the first constitutional declaration of social rights in Hungary took place with the adoption of the 1949 constitution (Act XX of 1949), but as a result of my research I will show that in fact social provisions can be found in Article 6 of the so-called final Constitution of the Hungarian Soviet Republic. The paper shows how social provisions appeared in the so-called minor constitution of 1946, and then describes the social law provisions of the socialist constitution of 1949. The paper also shows how the social provisions of the 1949 Hungarian People’s Republic Constitution changed between 1949 and 1989, and then describes in detail the changes in the social provisions of the Hungarian Constitution as a result of the political transition in 1989. The paper concludes with a description of the historical development of social rights in the 1989 constitution of the Hungarian People’s Republic, without going into the new Fundamental Law in force in 2012.

Prilutskiy V.V.

The article examines the activities of James Jesse Strang (1813-1856), the self-proclaimed prophet of the «Latter-day Saints», the leader of one of the major movements in early Mormonism, and his followers – the Strangites. A unique religious and socio-political phenomenon: the proclamation of the monarchy in the United States remains practically unexplored in Russian historiography. This article helps fill the gap. The analysis of information about the religious movement of the Strangites, its origin, features, main ideas, major milestones of history contained in Mormon documents, materials of the American periodical press and other sources of the middle of the XIX-th century is carried out. After the death of the founder of the Mormon religion, Joseph Smith (1805-1844), Strang managed to unite the intra-church opposition around him for a short time. He was supported by almost all dissatisfied with the new leader of The Church of Jesus Christ of Latter-day Saints Brigham Young (1801-1877) and the Quorum of the Twelve Apostles (including many family members of the first Mormon prophet). They managed to create a separate religious organization. It is shown that Strang's ideal was not just a theocracy, but a theocratic monarchy, reminiscent of the theocratic rule of the ancient Jews during the Old Testament period. This radically distinguished his teaching from the ideas about the state structure of other Mormons, who were supporters of theodemocracy – an ideal government based on faith in God and built on the principles of republicanism. The separated Mormons sought to implement their utopian religious-political and social project in practice in the colonized region of the Great Lakes. But conflicts with local residents created great difficulties for the Strangites, acquiring an increasingly acute character in 1850–1856. The conflicts ended with the death of the prophet Strang, the expulsion of his followers from the island settlement, which led to the rapid disintegration of the community. The utopia of the Strangites turned out to be unrealized.

Mariia Blikhar, Mariia Vinichuk, Maryana Kashchuk et al.

The purpose of the article is to study the theoretical foundations and practical aspects of the economic and legal regulation of the process of ensuring the effectiveness of counteracting corruption in the system of anti-corruption measures of state authorities. The results of the conducted research allow us to assert that corruption is one of the most serious problems of our time, which has emerged acutely in Ukraine, and its scale threatens the sustainable socio-economic and socio-political development of the country and successful integration into the European Union. It is determined that the essence of corruption consists in the commission of deliberate illegal acts by officials, aimed at the use of official powers for personal gain and enrichment. It is established that the existing system of prevention and counteraction to corruption in Ukraine is not able to restrain the rapid pace of its spread, and the main anti-corruption measures are characterized by a low level of effectiveness. The imperfection and weakness of the normative and legal regulation of the processes of prevention and counteraction to corruption in Ukraine by state authorities are revealed. It is found that the highest anti-corruption effectiveness indicators in 2022 were recorded for the activities of the President and the Office of the President of Ukraine, as well as the Security Service of Ukraine, and the lowest for the activities of the Cabinet of Ministers of Ukraine. Strategic guidelines for increasing the effectiveness of counteracting corruption in Ukraine are proposed, among which the primary importance belongs to the activation of the processes of implementation of the anti-corruption reform; normalization of the main aspects of interaction between state authorities and the public in the field of counteracting corruption; development and approval of the Methodology for assessing the level of corruption in Ukraine.

Gorchakov E.D.

The article examines the topic of development and implementation of generative artificial intelligence (AI) in Vietnam, one of the rapidly developing countries in East Asia. The Vietnamese government, stimulated by its economic success, is paying more and more attention to the development and financing of the AI industry every year. The government's national strategy aims to transform Vietnam into one of the leaders in the field of artificial intelligence in the region and even in the whole world. The work on creation and application of AI is gradually becoming a national concern in Vietnam. As an example, the author considers Vietnam Artificial Intelligence Day on the topic “Artificial Intelligence: The Power of Life” – a major event to promote AI technologies, which was held in September 2023 in Ho Chi Minh City, the main economic center of the country. The activities of the Joint Russian-Vietnamese Tropical Research and Technology Center are also outlined in the context of its contribution to solving the AI problem.

Łukasz Jan Korporowicz

Jan Kanty Rzesiński – Cracovian Roman Law and Legal History Scholar of 19th Century The article is the second part of the work devoted to the academic profile and views of Jan Kanty Rzesiński – a Cracovian lawyer who was vigorously engaged in research on Roman law, Polish legal history, and legal philosophy in the first half of the 19th century. Despite his academic interests, J.K. Rzesiński was not working at the Faculty of Law of the Jagiellonian University for most of the time. In the first part of the article, the author discussed J.K. Rzesiński’s curriculum vitae and his works on Roman law. The objective of this the second part of the article, is to examine those of remaining literary works that dealt with law (the translation of Processus iuris civilis Cracoviensis, articles on obstagium in lieu of securing creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) as well as his views against the epoch and the Cracovian academic milieu.

Frederic William Maitland

In this opening speech, Maitland outlined a gap in the field of the history of law of his country. Unlike some others countries, he considered that the History of English Law was only touched on briefly, without any in-depth study. He regretted this weakness, which he attributed to the overwhelming mass of materials for legal history, to a certain attachment to the past and to teaching methods. On the basis of his findings, he promoted research in relation to this field and proposed some methodological approaches.

K. Johnson, J. L. Tevaarwerk

A. Bagaeva

The process of state-building in post-Soviet republics was accompanied by a demonstration of their commitment to different political systems, different socio-economic models. These republics had their own assessments of the common history and vision of national interests, which did not coincide with the interests of other post-Soviet republics. Especially in this respect, Georgia stood out: after the events of August 2008. State-building in this republic was influenced by a number of negative factors that complicate the political situation in this country and in the South Caucasus region as a whole. These events aroused interest in them on the part of Russian researchers: their study was updated in connection with the growing threats to Russia's national security along the entire perimeter of its Caucasian borders. The novelty of the research is the study of the specific form of power in Georgia, which depends on the national- historical features and Georgian cultural traditions. The study found that political institutions were created in Georgia with some regard for other post-Soviet countries, but in general it followed its own path of development. The author's attention is focused on the problems that negatively affect the process of state-building in Georgia - radical nationalism, civil confrontation, ethno-political problems, etc. As a result of their detailed analysis, the author of the article concluded that the constitutional reform as a whole contributed to the replacement of the presidential form of government with a parliamentary one, but the lack of a legal framework for the functioning of democratic institutions negated the efforts of the Georgian leadership to create a socially oriented, democratic state.

T. Maudlin, E. Okon, D. Sudarsky

We start by surveying the history of the idea of a fundamental conservation law and briefly examine the role conservation laws play in different classical contexts. In such contexts we find conservation laws to be useful, but often not essential. Next we consider the quantum setting, where the conceptual problems of the standard formalism obstruct a rigorous analysis of the issue. We then analyze the fate of energy conservation within the various viable paths to address such conceptual problems; in all cases we find no satisfactory way to define a (useful) notion of energy that is generically conserved. Finally, we focus on the implications of this for the semiclassical gravity program and conclude that Einstein's equations cannot be said to always hold.

R. Gordon

Minerva Estruch Rectoret

This study goes through the history of Chambers of Commerce, analysing some of the reasons for their appearance as well as their role throughout time. It moves forward to analyse the history and development of the Barcelona Chamber of Commerce (BCC), founded in 1886. Emphasis on the international department of the BCC is made to evaluate whether the Internet and the web 2.0 era have jeopardised the internationalisation services offered to Catalan firms. Through five case studies of firms having participated in commercial missions of the BCC, the strategic added values of this service are analysed. The study concludes that the differential traits and added values are: the status of public law entity, the built-in worldwide chamber network, the affordable price, and the direct channel with governmental entities to obtain subsidies for Catalan firms.

T. McDonald

In The Historic Turn in the Human Sciences eleven scholars widely known for their interdisciplinary work investigate one of the most striking developments in the intellectual world today: the return to history by a wide range of academic disciplines. From new historicism in literary theory, to ethnohistory, to historical sociology, these new approaches have resulted both in more works of historical analysis and in a more self-conscious attempt to locate the human sciences in their own histories. The essays in The Historic Turn in the Human Sciences--eight of them published here for the first time--take stock of these changes from the perspectives of some of the disciplines most deeply involved: anthropology, sociology, political science, law, literary studies, and history itself. Many of the authors have played a crucial role in producing the historic turn in their own disciplines. The volume as a whole, therefore, goes significantly beyond a mere inventory of these changes to ask how and how much history can make a difference; how the practice of history is affected by post-structural and other theories; and what is left of both unproblematized history and social science after the historic turn. Taken together the essays give a sense both of what these various turns to history have in common and what sets them apart. This comparative dimension distinguishes the volume from those that have analyzed the impact of history on a single field or have assayed its effects without including historians themselves. In the wake of the historic turn neither the historical actor nor the historical analyst will ever again be seen as a colossus striding over the pages of history.This volume explains in an extraordinary thought-provoking and challenging way why this must be so. Terrence J. McDonald is Professor of History, University of Michigan.

Sarah E. Lageson, Michael Vuolo, Christopher Uggen

A. Barak

T. O'Riordan, J. Cameron

Mohammed Salah Abdelouahab, R. Lozi, L. Chua

Memristor, the missing fourth passive circuit element predicted forty years ago by Chua was recognized as a nanoscale device in 2008 by researchers of a H. P. Laboratory. Recently the notion of memristive systems was extended to capacitive and inductive elements, namely, memcapacitor and meminductor whose properties depend on the state and history of the system. In this paper, we use fractional calculus to generalize and provide a mathematical paradigm for describing the behavior of such elements with memory. In this framework, we extend Ohm's law to the generalized Ohm's law and prove it.

W. Schabas

D. Armitage

L. Hansen, T. Sargent

A representative consumer uses Bayes’ law to learn about parameters of several models and to construct probabilities with which to perform ongoing model averaging. The arrival of signals induces the consumer to alter his posterior distribution over models and parameters. The consumer’s specification doubts induce him to slant probabilities pessimistically. The pessimistic probabilities tilt toward a model that puts long-run risks into consumption growth. That contributes a countercyclical history-dependent component to prices of risk. Keywords. Learning, Bayes’ law, robustness, risk sensitivity, pessimism, prices of risk. JEL classification. C11, C44, C72, E44, G12.

Cucu Surahman, Aceng Kosasih

Muslims' understanding of Islamic teaching is diverse. Jurists, for the instance, emphasize the aspect of the outer of the Sharī‘ah while Sufis focus on the aspect of that inner. In history, the tension between them is apparently seen. The first even accuses the second group as a deviant, a heretic, and an unbeliever. Regarding this phenomenon, the study will explore underlying terms in Sufism namely Sharī‘ah, Ṭarīqah, and Ḥaqīqah and explain the relation of these terms based on the library research and descriptive analysis of the three words in the two books, i.e. Asrār al-Sharī‘ah and Jāmi‘ al-Asrār wa Manba’ al-Anwār of Sayyid Ḥaydar Āmulī. Whether the terms are self-sufficient or interdependent? This study concludes that the three terms are an integral unity that cannot be separated from one another since those three terms refer to the one essence, the one Truth. Those are Divine law brought by Prophet Muhammad. DOI: http://dx.doi.org/10.20414/ujis.v20i2.806