Post penal Detention of Dangerous Perpetrators. The Limits of Legality
In this article, the authors discuss the problem of post penal detention in the context of a newly enacted law regarding dangerous individuals. The act was passed by the Polish Parliament in October 2013 following the intense discussion about serious criminals who are to leave prisons as a consequence of the Amnesty Act of 1989. The authors try to find the limits of potential post penal measures, bearing in mind the standards of the European Convention of Human Rights and other aspects of contemporary criminal law theory. After, they analyze the abovementioned act and its accordance with the requirements of the European Tribunal of Human Rights. The authors discuss the nature and aim of post penal detention, asking fundamental questions about the role of the State and the limits of law when human rights clash with the security of society.
Law and Finance: Understanding Roman Law?
The Law and Finance analytical approach, also known as the Legal Origins Theory, blames Roman law for creating worse conditions for economic growth than common law systems. Civil law is described, contrary to common law, as a legal system in which the country’s corporate law or commercial code originates in Roman law. To understand the differences amongst the emanations, i.e. the plurality of legal solutions and regulations within the civil law tradition, one has to be aware of their origins. It is necessary to perceive and understand the spirit of Roman law, which is a ‘Roman law in action’ – the Roman legal experience. Critics of the Legal Origins Theory stress the need for more experts in Roman law across society. There is a continuous need for in-depth knowledge of Roman law. As a subject, basic Roman law should be accessible to all and not only to lawyers, including economists, sociologists, historians, social philosophers, specialists in cultural studies, etc... It is not sufficient to have a limited group of experts, but rather to have independent centers for Roman legal studies. Roman law is not only a part of legal history, but is present in our legal systems due to their legal tradition. Further, its presence is also due to the reasonableness and economic utility of Roman law.