Numer 6 (74)

Research dedicated to natural law usually analyzes the same commonplaces to deduce natural rules and natural rights. Recurrently it focuses its attention on some specific elements of reality (e.g., the human being, its possibilities, inclinations, and goods) in order to assess what should be achieved (e.g., happiness, the ultimate end, or human flourishing) and how it can be done. Observing how it proceeds, what kind of methods guides it, we discover that it connects these elements following similar patterns. The connection of these elements, as variables in a formula or links in a chain, is called here “the Natural Law Formula.” The first chapters explain the nature of the eight links of the chain and how they are intrinsically connected. It means that if we change one variable, the whole equation will change producing different results. The last chapters show how the formula can be used to arrive at several natural law conclusions. Works of the most influential natural jurists are reviewed, and those of Aquinas, where almost all the puzzles of the formula were completed and fit tightly together. Some mentions of human rights discourse, evolutionary biology, axiology, and other recent sciences that did not exist centuries ago are included.

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The present research analyses the principle of laicity, aiming to understand whether religious concepts can be introduced and positivised in a lay State, taking the Japanese and Italian constitutions as case studies. The purpose is to understand how religious concepts, if positivised, can contribute to higher protection of fundamental rights. The first phase focuses on the definition of the concept of laicity by separating it from secularism. The second phase deals with the principle of neutrality and non-identification of the lay state towards the religious sphere, deepening the positivisation of religious concepts and their introduction into legal analysis, with particular attention to Habermas’ studies on the translation of religious concepts into a universally accessible and independent language. The third phase carries out a comparative constitutional analysis focusing on the principle of laicity in the Italian and Japanese constitutions to understand the different declinations the principle of laicity may take and the potential terrain for religious concepts to be introduced after an imperative translation into universal language independent of any religious interpretation.

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Pobierz plik (Piga.pdf)Piga.pdf347 kB

By merging three different historical examples, this article shows that legal mentality influences the management of similar public goods, the composition of institutional change in the urban sphere and finally the character of legal regulations best fitted in a given circumstances for arriving at desired outcome. The authors proved that the inclinations for ex ante and ex post models are dependent on the concept of public administration and most particularly of administrative law. In a way, in the mixed public administration presented in the Roman law example, where both centralized and polycentric governance were applied, much depends on the narrative and values which accompany the institutional change in urban settings.

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Pobierz plik (Blicharz_FLB_Encinas.pdf)Blicharz_FLB_Encinas.pdf588 kB

The essence of forfeiture is an essential issue from the point of view of the rationality of the means of criminal legal response provided for offenders. This measure should be an effective weapon, realizing its goals. For this to be the case, the norm contained in Article 316 § 1 of the Criminal Code should be adapted to the wording of the typifying provisions of Chapter XXXVII of the Criminal Code. According to the wording of the provision, money, documents, and tokens of value counterfeited, forged, or with the sign of cancellation removed, as well as counterfeit or forged measuring instruments, as well as objects used to commit the crimes specified in this chapter are subject to forfeiture, even if they are not the property of the perpetrator. Consideration of the measure of criminal legal response will be limited only to those elements of the subject scope relevant to the criminal protection of money and its surrogates.

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Pobierz plik (Blotnicki.pdf)Blotnicki.pdf281 kB

The universal respect for human rights should be the tie that binds, not the tie that divides our societies. In recent years, we have experienced the monopolization of interpretation in several legal questions. The authors recognized that there is a need for competition in the ‘marketplace of ideas’ in order to respect our diversities and preserve alternative and valid legal interpretations in different cases. The book human dignity and law leads us to believe that based on our human dignity, we should rebuild a culture of respect for those who think and live differently. Its authors’ contribution is vastly important in order for us to understand how we can build a better understanding going forward.

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Pobierz plik (Kiss_Mercz.pdf)Kiss_Mercz.pdf383 kB
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