Numer 6 (62)

Law cannot be created without value or based on false values, therefore dealing with the axiology of law is necessary, also in the context of international law. Therefore, it was considered justified to study values and to address the issue of the axiology of law in the analyses of the legal specificity of the European legal space, which was also made an essential objective of these considerations. The framework of the considerations was narrowed down to the European legal area, considering it to be the normative sphere of influence of European international organisations, i.e. the Council of Europe, the European Union and the Organisation for Security and Cooperation in Europe. With this research area in mind, the concepts that formed the core of the considerations were analysed, namely: the concept of the European Legal Area, the axiology of European law and legal culture. The aim of the analysis is to show that the common values of the law, which the European legal area upholds, determine the direction of legislation, interpretation of legal provisions and the direction of application of law, thus promoting the formation of a coherent legal order in Europe.

Pobierz plik (1 Wronska 3-15.pdf)1 Wronska 3-15.pdf261 kB

The text is devoted to an attempt of judges, especially of the constitutional courts, to seize the right to disturb the constitutional laws and to create through the theory of transcendental source of law their own standards, often with a kind of transcendental support. Article stands on the position that the only transcendental legislator is God and everything else is the work of human hands, therefore changeable by people.

Pobierz plik (2 Koudelka_Vana 16-23.pdf)2 Koudelka_Vana 16-23.pdf283 kB

The past two decades saw a generational change come to the universities along with the technological one: the very first digital natives, the Millennials, arrived. Gen Z soon followed. The purpose of this paper is to analyse the two somewhat similar, but often different generations and place them within the context of the Polish and North American university, the law faculty in particular, in order to answer the question: What does this shift of generations mean for the future of legal education? In the first part of the paper the author introduces the two generations, contrasting them with the previous ones. The second part of the paper is devoted to the issue of Millennials and Gen Z at the university, particularly in law school. In the final part of the paper the author applies the findings of two previous sections to the question of the future of legal education. Arguing that law faculties are unique entities within the university, he proposes a number of changes to the teaching of law which should be introduced if Millennials and Gen Zs are to truly find their place in the academia and be able to live up to their full potential as lawyers, be that practitioners or academics.

Pobierz plik (3 Sadowski 24-39.pdf)3 Sadowski 24-39.pdf349 kB

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) was adopted in order to provide uniform rules governing the international sale of goods. It has already been ratified by an impressive number of 92 Contracting States, with the major trading countries taking the lead. The CISG applies to contracts for the sale of goods between parties whose places of business are in different States, where the States are CISG Contracting States (Article 1(1)(a)). Moreover, it applies to contracts for the sale of goods when the contracting parties have their places of business in different States and when the rules of private international law lead to the application of the law of a CISG Contracting State (Article 1(1)(b)). However, at the time of ratification, the prospective Contracting States are given the possibility of making additional reservations, including one set out in Article 95 CISG, which limits the application of Article 1(1)(b) of the Convention. Although there are some CISG Contracting States that initially applied the reservation but have since withdrawn it, there are still a few Contracting States where the reservation remains[1], including the two largest trading countries? China and the United States. The paper presents various approaches regarding the interpretation of the effects of the reservation set out in Article 95 CISG, which in fact challenge the principle of the uniform interpretation and application of the Convention?s provisions. The author argues that the Article 95 CISG reservation leads to increased confusion and problematic conflict of law issues that bring more chaos than benefits.

Pobierz plik (Pohl-Michalek.pdf)Pohl-Michalek.pdf331 kB

This paper aims at searching the ties between authorship and money in the Roman times, from Plautus to the Antonines. The first part is about the authors who could earn some money or gain some financial advantages thanks to their literary production : first the authors of plays who sold them to an actor or a magistrate for a festival, then the poets in the shadow of a powerful family like Ennius. Martial under the Flavians is an interesting example of an author between two mental representations, wishing loudly to earn some money but hoping for glory as the ultimate gain, which allows to present another conception of authorship in ancient Rome. Many writers did not care about the money or financial gain, and then about copyright : writing was a social activity, a way to celebrate publicly a friendship, or a political device for propaganda.

Pobierz plik (5 Benferhat 54-66.pdf)5 Benferhat 54-66.pdf312 kB

Two central questions about the idea of the shared legal heritage of Europe are examined. This idea determines the shape of legal history in most European countries after WW II, but its origins are still largely unknown. The two questions read: What was the impact of totalitarianism in Nazi Germany and of the exile of Jewish legal scholars upon this idea? What legal, political and cultural factors contributed to its dissemination? The questions are examined based on the biographies of Fritz Schulz, Fritz Pringsheim, Paul Koschaker, Franz Wieacker and Helmut Coing.

Pobierz plik (6 Giaro 67-86.pdf)6 Giaro 67-86.pdf415 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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