Judicial Institutionalizing of Same-Sex Marriage in the United States

The paper reviews the cohesion of argumentation of the majority in Obergefell v. Hodges and the accepting critique from outside the bench. It tends to address democracy and federal issues in deciding by the Supreme Court in a matter of public legislative debate all over the states, as under common law jurisdictions ‘ judges have power to say what the law is, not what it should be.’ Indeed, the true questions are what constitutes marriage, and who is to decide what constitutes marriage? Who then is entitled to confer the constellation of benefits that the states have linked to marriage?

Pobierz plik (FLB.pdf)FLB.pdf325 kB

An Axiological Basis for Legal Regulations which Regulate the Creation and Functioning of Special Zones

An analysis of the relevant current legislation evinces the following types of substantive values that underpin the practice of creation and functioning of special zones: the environment, public order, listed site, health, state security and socio-economic development. All those values are fundamental as they form the basis of many a special zones. Nevertheless, other, more detailed values are liable to be gleaned from legislative provisions. Altogether they constitute a very complex, internally diverse and multi-layered system of values that provides an axiological underpinning for legal regulations governing the creation and functioning of special zones.

Pobierz plik (Zacharczuk.pdf)Zacharczuk.pdf296 kB

“Path Dependency” in the Context of Public Policies of Combating Honour‑Related Violence. The Examples of Germany and the United Kingdom

The main aim of this paper is to analyze the factors which have an influence on the framing of honour-based violence (hereinafter referred to as HBV) and the shape of public policies of combating HBV in European countries. Research presented in the paper is based on the examples of public policies in the United Kingdom and Germany, as policies introduced in those countries can be described as opposite paradigms. The presentation of definitions of HBV is followed by an analysis of the historic development of public policies of combating HBV in the aforementioned countries and their comparison. Looking at the issue in question through the lens of “path dependency” leads to the conclusion that the shape of public policy of combating HBV depends not only on the model of integration policy and the wider social context, but is rooted deeply in the past and is connected – at least to some extent – with previous decisions by state officers that evince the meaning-making of the phenomenon. 

Pobierz plik (Ptak.pdf)Ptak.pdf357 kB

The Objective and Subjective Scope of the Marital Duty to Help and Support

The relevant provisions of Article 27 of the Polish Family and Guardianship Code that institute a marital duty to help and support are mandatory and apply “by default,” i.e. to each and every marriage, irrespective of the specific matrimonial property regime or other pre-nuptial agreements between husband and wife. The paper explores the scope of this support obligation (both substantive and personal), and considers the impact of the spousal cohabitation status on the support obligation both in Polish and foreign law. Despite being commonly accepted and invoked in both everyday parlance and judicial discourse, several contrasts may be drawn with regard to the duty between family codes in force across European jurisdictions, and the Model Family Code.

Pobierz plik (Kabza.pdf)Kabza.pdf375 kB

Criminal Liability for Co-Perpetration of an Act Committed Abroad

The aim of the paper is to expound the issue of criminal liability of a co-perpetrator of an offence (for instance, an aider or abettor), particularly in the case where the act, permissible by the legislation in force in the country where the chief perpetrator operated, is prohibited under penalty in the Republic of Poland. In this connection, matters such as state sovereignty, the functions of criminal law and the scope of protection of legal goods are discussed. In the first part of the article, provisions of the Polish Criminal Code that regulate co-perpetration are presented. Furthermore, a dogmatic analysis of the term “prohibited act” is attempted, followed by a corollary that for the sake of the protection of legal goods it is required that Polish criminal law react to the acts of the co-perpetrator even where the perpetrator acted within the bounds of the overseas law. The legality of the act committed by the perpetrator abroad is of no consequence as against the assessment of the criminal character of the co-perpetrator’s acts insofar as they were criminal pursuant to the law of the Republic of Poland.

Pobierz plik (Derek.pdf)Derek.pdf399 kB

The Dichotomy of Public and Private Law. A Review of the Monograph by Igor Zachariasz

This article is a review of the monograph by Igor Zachariasz entitled Prawo w ujęciu strukturalnym. Studium o dychotomicznym podziale prawa na prawo publiczne i prawo prywatne (Law in structural terms. A study on the dichotomous division of the law into public and private law). An analysis of the statements contained in this monograph gives ground to some considerations about the nature and meaning of cultivating the division between public and private law. The main thesis of the monograph that the division of law as a whole into public and private law is a cognitive matter is questionable, and the border separating the two areas of the law could be established in a clear and certain manner. Too little space appears to have been devoted to explain which area, private or public, should take the central role in the law or, in other words, what is the essence and rationale for the division of the legal system into public and private law. In particular, it is objectionable to assume a priori that this division is a dichotomy.

Pobierz plik (Szczepaniak.pdf)Szczepaniak.pdf300 kB

W latach 2022-2024 czasopismo Forum Prawnicze finansowane jest w ramach projektu Rozwój czasopism naukowych ze środków Ministerstwa Edukacji i Nauki na podstawie umowy nr RCN/SN/0611/2021/1. Łączna kwota wsparcia ze środków Ministerialnych wynosi 28 000 PLN. Celem pozyskania Funduszy przez Forum Prawnicze jest podniesienie poziomu praktyk wydawniczych i edytorskich, zwiększenie wpływu czasopisma na rozwój nauki oraz utrzymania się czasopisma w międzynarodowym obiegu naukowym.

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