Wyniki wyszukiwania - Biblioteka Nauki

1

DOMAIN NAME DISPUTE SOLVING IN PRACTICE OF THE COURT OF CONCILIATION FOR INTERNET DOMAINS AT POLISH CHAMBER OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS (Rozstrzyganie sporów o nazwy domen internetowych)

100%

Bartosiak J.

e-mentor

|

2010

|

nr 1(33)

73-76

EN

Court of Conciliation for Internet Domains at Polish Chamber of Information Technology and Telecommunications is one of the three Conciliation Courts referred to in NASK (Polish domain name registrar) regulations. Legal acts quoted most often by the prosecutors are business property act, competition and consumer protection act and civil code regulations. Decisions of the Court provide interesting reflection on the scope of applicability of registered trademark, right to protect the reputation and brand. There are also disadvantages of the Court activity, e.g. large scope of anonymity or vague role of the arbiters acting as the party representative to the Court. Still, Court's output plays an important role in defining practical and doctrinal foundations of the IT law.

2

Unia Europejska wobec kosmopolityzmu prawnego

100%

Hoff W.

Studia Europejskie-Studies in European Affairs

|

2014

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nr 3

s.73-92

EN

This article seeks to identify the characteristic features of legal cosmopolitanism, the EU’s attitude towards it, and its consequences. Cosmopolitanism manifests itself in creating normative systems outside and above traditional international law. While the latter draws its binding power from the will of states, cosmopolitan rules are created by private actors and their binding power results predominantly from the practical necessity to obey. Such is the status of lex sportiva, of the power of rating agencies, or private accreditation bodies. Rating agencies create soft, although powerful rules concerning the standing of commercial papers, goods, services and entire national economies. Institutional examples of cosmopolitan rule are also global judicial and administrative networks. Judges and regulators exchange opinions and information, thus informally shaping the axiological foundations of decision-making. The relation of the EU towards cosmopolitan law is multifaceted. The EU has been an inspiration to the cosmopolitan legal theory and activism. In some areas the EU clearly asserts the superiority of its law, particularly where the rules of the internal market are being violated. In some instances the EU allows cosmopolitan rules to take over as is the case of the rules of the game in sports law, while in other areas the rules of both systems overlap or disjoint. Usually, the spread of cosmopolitan normative systems is the product of a power vacuum created by insufficient activity of the EU or national legislative bodies. The downside of legal cosmopolitanism is the danger of judicial overstepping their powers by making laws instead of applying it. Cosmopolitan organizations, including rating agencies, avoid responsibility hiding behind their status as private organizations while at the same time exercising exorbitant infl uence on public life. The most important reservation is this: by enhancing the cosmopolitan multicentricity of law and its desystemization we deprive law of its defi ning attribute – predictability. Fortunately the EU has taken some legislative actions to counterbalance the negative impact of cosmopolitanism. The recent UE regulations aimed at subjecting rating agencies to more control are a step in the right direction, and a model approach to cosmopolitan normative systems.

3

SOCIOLOGICKÁ IMAGINÁCIA PRE PRÁVO

80%

Bárány E.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

|

2022

|

tom 105

|

nr 5

392 – 404

EN

The theory of sociological imagination formulated by Ch. W. Mills (different from legal imagination) is useful for legal science, law making and interpretation of law. Some traditional concepts of legal science are better apprehended in the framework of relations between the worlds of power institutions and „Lebenswelt“ of a human. (e. g. public/private law, law/right). It is useful in study of human rights and the civilisation mission of law.

4

ON THE PRACTICAL CONCEPTS OF LAW

80%

Kaczmarczyk M.

Studia Socjologiczne

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2005

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nr 4(179)

5-37

EN

The question about the limits of law enables us to look at law from the point of view of its practical concepts, a perspective determining the understanding of juridical activities. The author's argument demonstrates the political character of different concepts of law as well as their interdependency. On the other hand, the comparison of the juridical and political activities shows us the unavoidable contradictions between the above mentioned spheres of action. The thesis that there is an 'unfortunate partnership of law and politics' focuses on concrete social situations. They highlight the paradoxical intersections of juridical and political perspectives. Civil disobedience is a good example of a situation which can only be understood when the pragmatical model of law is applied. Moreover, the creative dimension of every individual implementation of norms needs to be taken into consideration.

5

Znaczenie prawa ochrony środowiska

80%

Karski L.

Studia Ecologiae et Bioethicae

|

2011

|

tom 9

|

nr 1

85-97

EN

This article addresses the concept of environmental law. The paper begins with a general background on justification for the study environmental law. The second section focuses on the nature of law. In the next section the author analyses legal definitions of environmental protection and environment. As the analysis shows that environmental legislation plays a crucial role, the final section discusses its location in Polish legal system. This study highlights that environmental law should be treated as a branch of law.

6

PRÁVO A RECENTNÍ SOCIÁLNÍ ZMĚNA

80%

Večera M. , Urbanová M.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

|

2015

|

tom 98

|

nr 5

455 – 467

EN

A law not only reflects the existing social situation but also plays an important role when the situation changes. The law manifests itself in its conservative aspects, its innovative effects on the social relationships, in the actions taken by social institutions and in the course of social processes. It acts as an independent and dependent variable of social change in society; it is both the cause and the result of a social change. The legal tools of social change legitimize the ongoing social changes and help to enforce them via the authority of law. In the postmodern society with a pluralizing social structure and the growing normative and value-related plurality, law contributes and supports the minimum normative and value-related consensus of society. The law’s regulative, integrative and innovative functions have become necessary in the postmodern society. The increasing complexity of a social life and the need to restore legitimacy of the political system contribute to replacing the executive power with hypertrophy of legislative tools. In the process of post-modernization, law not only reflects and affirms social changes in society but it also becomes more and more important tool of social change.

7

Kobiety romskie w Europie – glówne problemy w realizacji praw

80%

Mirga-Wójtowicz E.

Studia Romologica

|

2014

|

tom 7

109-122

EN

Over the last few years, the institutions of the European Union and numerous in¬ternational organizations pay special attention to the situation of Roma and Sinti in Europe. Discrimination and human rights violations that face the Roma are known and widespread, but so far none of the European countries and governments worked out examples and best practices of effective protection of the members of this community. In this article, the author looks at the overall situation of Roma women, who are more likely than other women exposed to multiple, cross-sectoral, multi-layered discrimination on grounds of gender and ethnic origin, and also have limited access to employment, education, health, social services participation in civic life. This discrimination occurs in the majority society in the context of growing racist sentiment, romophobia, antiziganism, but also in Roma communities themselves. Romani women are also more likely than other women are exposed to various forms of violence, especially domestic violence, sexual abuse and trafficking.

8

TRANSFER OF REGISTERED SHARE CERTIFICATE AND WITHDRAW FROM CONTRACT OF PURCHASE OF REGISTERED SHARE CERTIFICATE (Prevod listinnej akcie a odstupenie od zmluvy o kupe listinnej akcie)

80%

Janac V.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

|

2009

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tom 92

|

nr 4

364-374

EN

The first part of the article deals with the questions related to the valid transfer of property rights to the registered share certificate. The second part of the article deals with withdrawal from the contract of purchase of the registered share certificate, especially to the consequences of such withdrawal. The main part of the article is dedicated to the searching of solutions how to solve the problems which arise from the specific ways of transfer of property rights to the registered share certificate (the endorsement) on time after the withdrawal. Searching of stated solutions is focused on the possibility of recovery of the vendor's property right to transferred registered share certificate.

9

ON LAW AND JUSTICE IN AN EXTRA-LOCAL SENSE (PASCAL AND LEVINAS)

80%

Kowalska M.

Przeglad Filozoficzno-Literacki (Philosophical/Literary Review)

|

2008

|

tom 6

|

nr 2-3(20)

403-413

EN

In this paper, Pascal's and Levinas' reflection about justice is juxtaposed. Both authors share the conviction that justice is not reducible to any established legal order. For the latter is always local and particular. Justice in an extra-local sense, so-called true justice, transcends the existing order and legally binding laws. According to Levinas, questioning or even destroying the subjectively unjust order in the name of 'metaphysical desire' can serve to limit, but not to eliminate injustice. Pascal is however inclined to claim that the notion of justice has no positive content, therefore it is right and really rational to 'delude people' by not rejecting the existing order but by inculcating the belief that the status quo is just. Yet at the same time, Pascal will talk about the very rare and uncertain, extra-rational intuition of justice given to chosen ones in the act of unearned grace of God.

10

KRITIKA BROWNOVEJ KONCEPCIE NENÁVISTNÉHO PREJAVU

80%

Kuna M.

Filozofia (Philosophy)

|

2020

|

tom 75

|

nr 2

77 – 90

EN

This paper presents and evaluates Brown’s analysis of the concept of hate speech. His analysis is seen as a valuable contribution to the discussion about the adequate definition of the term hate speech as an ordinary concept, which Brown understands as an equivocal idiom and family resemblance concept. However, as far as the concept of hate speech as a legal term is concerned and especially when the possible impact of Brown’s conception on the legal regulation of hate speech is taken into account it suggests that Brown’s approach appears problematic. Indeed, in the sphere of legal (especially criminal) regulation of hate speech the rule of law requires to respect the principle of legal certainty, i.e. to make every effort to define the term hate speech as a legal concept as univocally as possible. This is due to the fact that criminal regulation of hate speech poses potentially a serious threat to freedom of expression as a fundamental right of democratic citizenship.

11

MAGISTER TAVARNICORUM AND THE TOWNS IN THE HUNGARIAN KINGDOM IN THE ANGEVIN ERA

80%

Weisz B.

Mesto a dejiny

|

2016

|

tom 5

|

nr 2

6 – 17

EN

In the Angevin era, the magister tavarnicorum was first of all the highest office-bearer of financial administration, but he had also other functions. Firstly the magister tavarnicorum’s function as ‘ordinary judge’ actually meant that he was at this time regarded as the main court of appeal for cases heard in towns, or the judge of towns. This function began to accrue to the magister tavarnicorum in the second half of the thirteenth century but only became fully formed in the Angevin era. The magister tavarnicorum’s judicial powers were manifested in diverse matters and can be traced through charters of privilege granted to towns and documents recording his actions in specific cases.

12

SPRÁVNE SÚDNICTVO V SYSTÉME DEĽBY MOCI

80%

Tomaš L.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

|

2022

|

tom 105

|

nr 6

469 – 496

EN

The principle of separation of powers is one of the central principles of the rule of law. It is possible to identify several of his interactions with the ideological mission of the administrative judiciary in a democratic society. In this context, the author is concerned primarily with the independence and separation of the administrative judiciary, on the one hand, with the position of the administrative judiciary in the system of checks and balances. In the first aspect, it primarily examines the institutional independence of the administrative judiciary and the personal independence of the judges of the administrative courts, taking into account considerations of the need to strengthen the guarantees of judicial independence in the administrative judiciary. First, the author deals with the influence of the judiciary on the executive, primarily in the context of the full jurisdiction of the court and the review of administrative discretion regarding the system of checks and balances. In relation to the legislation, the survey of legal regulations in the administrative judiciary, the possibilities of judicial law-making and the braking mechanism of the Supreme Administrative Court of the Slovak Republic in relation to the National Council of the Slovak Republic are examined.

13

Prawo – nieodłączny towarzysz człowieka

80%

Sobański R.

Z Dziejów Prawa

|

2011

|

tom 4(12)

17-25

EN

The article constitutes an original and interesting reflection of an outstanding theoretician of law on law-man relations. The author shows an ambivalent attitude to law as a result of its appreciation, emphasizing at the same time an important role of law in the European civilization. Asking whether law is a good companion for man, Sobański admits that the very question is not purely abstractive as it derives from the observation of the reality. This ambivalence in relation to law is explained as the result of appreciating the very law. The history of law is at the same time the history of controversies around the notion of law and its nature. Though, the fact that law exists is not controversial itself. Law is understood differently and the way of conveying law (in an oral or written manner) is also different. The author underlines that law is a tool of justice, namely a means of executing justice. He refers to the representatives of the Roman law, and stops at the understanding of the statement “I have a right”, analyses Ulianov’s definition of justice (law can be a tool of justice if the will of justice exists). Next, he points to the pressure touching the whole law practice: law takes into account readiness for perceiving posteriori whereas it makes sense only when it is possible to execute this perception. He pays attention to the causes of discrepancies between law and life (lack of agree- ment when it comes to the notion of justice). His conclusion is that law is a good companion of man when he/she wants to live a peaceful life.

14

Genderové aspekty neúspěchu českých návrhů zákonů upravujících náhradní výživné na dítě

80%

Havelkova B. , Cidlinska K.

Gender, rovné příležitosti, výzkum (Gender, Equal Opportunities, Research)

|

2010

|

tom 11

|

nr 1

60-73

EN

Many European states, including the Czech Republic, face a high default rate on child support payments. In combination with a high divorce rate and, in some states, ineffective law enforcement, this has become a dire problem and one that has gender repercussions. In an effort to solve this situation, almost half of the EU member states have adopted a system of state advances on child maintenance. The Czech Republic is not one of them. The article discusses why all three attempts to pass such a law have failed in the Czech Republic. Is there an alternative measure fulfilling this role? Have the proposed bills been deficient in some way? Or is something else obstructing the adoption of a bill? The authors argue that, while the proposed bills could be criticised for minor technical or conceptual imperfections, the parliamentary debates on these bills indicate a more deeply rooted opposition. Manifestations of three main positions are identified: economic liberalism, social conservatism, and gender stereotypes.

15

Testamenty duchowieństwa diecezji wileńskiej w drugiej połowie XVI w. Prawo i praktyka

80%

Pawlikowska W.

Kwartalnik Historii Kultury Materialnej

|

2011

|

tom 59

|

nr 3-4

394-407

EN

Over 40 years ago Jerzy Ochmański stated that the cathedral chapter in Vilnius gathered the intellectual élite of Lithuania. In the mid-16th c. this group comprised 75 high-status clergymen (prelates and canons), 73 of them being lay clergymen and two – friars of the Dominican Order. Lay clergymen were able to bequeath their property, unlike friars, who were deprived of private property by the vow of poverty. Therefore, testaments of friars are rarities. Based on testaments, prosecutor accounts, shorthand notes from chapter meetings and the statute of the chapter, the article reconstructs the way of executing testaments. One of the decrees of the Vilnius chapter statute stated what should be done with the movable property of a canon or prelate if he did not leave a testament. Another decree granted the right to draw up a testament to each canon and prelate. Information on inheritance proceedings and on ways of sharing out the movable property can be found in accounts of chapter meetings. Records included in the accounts differ in length, frequency and the level of detail depending on the time they come from (from laconic mentions at the beginning of the period in question to more detailed descriptions at the end of the 16th c.), on who was in charge of the documents at that time, and possibly on what difficulties were encountered by the executors. Additional information can be drawn from the surviving yearly accounts of the chapter prosecutors from the last quarter of the 16th c. In several cases the originals or vidimuses have survived, therefore it was possible to compare testament instructions with their execution. In inheritance proceedings concerning the property of its member the chapter as a body strove to obey the statute both when the late clergyman drew up a last will and when he died not having shared out his properties. Nevertheless, it sometimes happened that particular members committed misappropriations or embezzlements. Other members reacted to such cases immediately; first of all they tried to recover the money and movables lost. The article aims to describe how the movables and money left by members of the Vilnius chapter were dispensed by the other members or testament executors. The data collected in the article can also provide a basis for further conclusions, for instance about clergymen’s mentality and personal relations; they also shed some light on the doings of the intellectual élite of Lithuania.

16

THE CONCEPTION OF OPEN ACCESS FROM THE PERSPECTIVE OF ECONOMIC ANALYSIS OF LAW - GERMAN EXPERIENCES (Koncepcja open access z perspektywy ekonomicznej analizy prawa - doswiadczenia niemieckie)

80%

Szpringer W.

e-mentor

|

2011

|

nr 2 (39)

4-13

EN

The development of Internet and quasi-monopolistic market position of publishers dictating prices and limiting access to scientific, educational and cultural publications, as well as restricted budget possibilities of public institutions responsible for popularization of scientific studies results are the key prerequisites for launching Open Access initiative. Information and knowledge have the characteristic of common good, which ought to be available for everyone. In the study, the author considers the issue of reconfiguration of copyright in such way that it was more adequate for cyber era and at the same time - not deprive authors of all the due protection.

17

Prawne podstawy ochrony informacji niejawnych w Polsce

80%

Goryński G.

Colloquium Wydziału Nauk Humanistycznych i Społecznych AMW

|

2013

|

nr 1

99-128

EN

Classified information protection from unauthorized persons is one of the most important factors which has a big influence on the national security. This article was written to present this problem and to define law regulations in Poland created for classified information protection purposes. It quotes definitions and other important implementation directives. The author began to analyze the problem starting with the year 1928 when the first document of interest was issued which allowed to present the very initial phase of classified information protection regulations. After World War the II in the different political reality a decree of 1949 on ‘State and service secret protection’ introduced classified information categories which functioned for over 62 years. Later new law regulations were introduced (acts, directives, instructions), which were supposed to improve the existing system of state and service secret protection. In result quite a lot of documents were given the top secret classification, many of them without a reason. The article ends with the presentation of the existing legal status, which is in force since 2011.

18

PRÁVNY PLURALIZMUS II.

80%

Bárány E.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

|

2017

|

tom 100

|

nr 4

327 – 336

EN

This text is a continuation of the author’s previous article published in the preceding fascicles of Právny obzor. An interesting concept of polycentric legal system has been formed in Central Europe. We understand it as a complementary to the concept of legal pluralism: polycentric legal system of state in the framework of legal systems connected with other subjects of public power. Legal pluralism is becoming the central concept of postmodern in law. The impact of legal pluralism on the situation of individual human being is predominantly negative, because her/his legal situation is becoming more complicated, fragmented and changing, but it is important for the functioning of law in postmodern situation.

19

BOTH TO THE MEANING AND OBJECTIVE OF LAW FROM THE POINT OF VIEW OF LEGAL REGULATIONS' INTERPRETATION: METHOD OF ARGUMENTATION BY MEANS OF TELEOLOGICAL INTERPRETATION (BOUNDENESS OF A JUDGE BY LAW) (Czech title - below)

80%

Hanus L.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

|

2009

|

tom 92

|

nr 2

97-122

EN

(Title in Czech - 'Ke smyslu a ucelu prava z pohledu interpretace pravnich predpisu: argumentaci teleologickym vykladem (vazanosti soudce zakonem)'). The article is corcerned with the interpretation of law with particular reference to the emphasized role played by the teleological interpretation method in the ascertainment of the content of a legal regulation. The autor points to the legitimate posibility and necessity of judge-made completion of law with the reservation that the judicial decision represents the continuation and not the beginning of the lawe-making process. With regard to the substance of codification based on its purpose (ratio legis) as well as such objective factors as particularly overgrown legal system in terms of the number of regulations, intricacy, often also disharmony, vagueness or unintelligibility of regulations, the autor accentuates the role of the quest for the meaning and purpose of the regulation in the legal system as a meaningful whole as the fundamental interpretation directive in the search fo its content. The autor andeavours to present a schematically transparent and generally applicable algorithm of mutual modifiability of the result of interpretation resulting from the linguistic and the teleological interpretation methods and or to outline the situations in which the result of teleological interpretation is capable of modifying, supplementing or fundamentally changing the result of the interpretation of a legal regulation ascertained purely on the basis of linguistic criteria, while outlinig the limits preventing arbitrariness in the application of law.

20

PROTECTION OF NATIONAL HERITAGE IN THE LIGHT OF THE APPLICABLE LAW AND THE ACTIONS PROVIDED IN THIS AREA BY POLICE IN POLAND

80%

Dworzecki J. , Nowicka I. , Urbanek A. , Kwiatkowski A.

Muzeológia a kultúrne dedičstvo

|

2020

|

tom 8

|

nr 4

177 – 198

EN

The issue of national heritage is an inseparable element of the existence of every nation. The article presents the legal regulations aimed at the protection of cultural heritage in Poland, as well as statistical data relating to crime in this area. The solutions adopted by the Polish police in the field of the identifying and combating of crime against cultural property and national heritage are also described. Furthermore, the article highlights the most serious crime against the national heritage that has occurred in Poland in recent years. The subject article was prepared on the basis of the analysis of literature, existing legislation and two interviews with Polish police officers.