Abstract

This discourse examines the interconnected nature of law and morality, focusing on their coexistence and interplay in the realm of criminal law, and explores the differentiation and assimilation of norms in different societies. Historically, law and morality emanated from a common normative source, but societal evolution has necessitated their distinct codification, especially with the establishment of state institutions. Criminal law prominently reflects the convergence of legal and moral norms, accentuating the moral undertones in punishment paradigms. The discussion delves into the philosophical foundations of legal and moral norms, exploring their absolute and relative values and how they relate to individual and societal behavioural modulations. Punishment, being a crucial component of criminal law, is analysed, tracing its evolution from primitive to advanced societies and studying its objectives, ranging from retribution to deterrence. The contrast between law as a representation of cultural fact and value and ethics as the pursuit of supreme good is highlighted, raising queries on the conceptual intersections and the respective societal impacts of law and morality. Continental criminal codes are seen to imbue moral evaluations of conduct, demonstrating the ethical implications embedded within legal structures. The discourse contends with the dynamic between moral and legal norms in shaping societal values, behaviours, and the conceptions of justice and punishment.

Keywords: morality, norms, penal codes, capital punishment, life imprisonment

Abstratct

The third part of our study is about the history of the doctrine of separation of powers in the 19^th and 20^th centuries. Montesquieu formulated his famous theory of the separation of powers in the mid-18^th century. Montesquieu’s theory was originally directed against absolutist royal power, but since then the constitutional arrangements of states have changed substantially. The present paper will examine how Montesquieu’s ideas on the separation of powers have been applied in the 19^th and 20^th centuries. We seek to answer the question of whether the 19^th and 20^th centuries were characterised by an increasingly full realisation of the principle of the separation of powers or by an increasing decline of it.

Keywords: separation of powers, Montesquieu, modern state, référé legislatif, völkischer Rechtsstaat, völkischer Führerstaat

Abstratct

The author explores the topic of conflict resolution in depth, through the lens of evolutionary theory and the latest technological advancements. Specifically, the author examines Professor Takeshi Kojima’s „Comprehensive Systems of Justice (Comprehensive justice systems)” from the perspective of evolutionary theory and the SDGs. In this context, the works „Creative Evolution” by Henri Bergson and „The General Theory of Evolution” by Matt Ridley are highlighted as key references. Ridley argues that „bottom-up” evolution, resulting from numerous individuals and events, is more effective than the centralized „top-down” approach. The author also brings the „genetic algorithm” from AI research into the discussion, emphasizing its inspiration from Darwin’s theory of evolution and its effectiveness in solving complex problems. The author points out that the „Comprehensive Systems of Justice” is evolving against the backdrop of cutting-edge technologies, in particular AI and the „bottom-up” evolution of genetic algorithms. They also highlight the connection to SDGs GOAL 9 (build resilient infrastructure and promote inclusive and sustainable industrialization) and GOAL 16 (promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective and accountable institutions at all levels), signifying the ongoing evolution of conflict resolution systems to achieve sustainable societies.

Keywords: evolutionary theory, technological advancements, Comprehensive Systems
of Justice, SDGs, Creative Evolution, bottom-up evolution, top-down approach, genetic algorithm, AI (Artificial Intelligence).

Abstract

In the legal history of Hungary we find three Acts of the Árpád era usually called ‘Golden Bulls’ from the royal seal put on them, two of which belongs to the reign of king András II. The Act of 1222 simply called ‘the Golden Bull’ is often considered as the very first element (or at least one of the first elements) of the Hungarian historical constitution. Despite their similarities, the Act of 1231 often called ‘the renewal of the Golden Bull’ is actually not a renewal of the Act of 1222 since it never declares that relation. Thus the Act of 1222 is better called ‘the Second Golden Bull’.

From their extent and their general content, the Golden Bull and the Second Golden Bull are considered as general decrees however they also significantly bear marks and characteristics of letter patents, privileges. The Act of 1222 mainly declares and provides the basic rights of the royal servants (who later become similar and equal to the noblemen) while the Act of 1231 also widely concerns the rights and privileges of the church and its clerks.

The theses and analyses of historians and legal historians concerning the Golden Bulls of András II often put the emphasis on these rights and privileges supporting the narratives of the weakening of royalty in the 13th century and András II being a weak and politically defenceless king. However the real nature of granting privileges – similarly to royal donations – is never a mere gift. Beside these rights and privileges we always have to recognize the coinciding rights and requirements of the monarch.

Examining the elements of ius regium (royal rights) – the complex of rights determining the legal status of the monarch by providing him with political or economic benefit – we may find, that in fact, the Golden Bulls of András II guarantee the rights and privileges of the royal servants, the church and its clerks just as much as they grant the rights and requirements of the monarch. In other words, the declaration of any rights and privileges of the subjects of the monarch and the royalty not only means that these subjects are authorised to enjoy and claim these rights but also that they can enjoy or claim no more and the royal rights can not suffer any more diminutions.

Keywords: king, royalty, royal rights, Golden Bull, András II

Abstract

The everyday working practice of a 21st century lawyer, both in terms of the knowledge to be applied and the nature of the work, has changed significantly. Technological practice and its associated knowledge have become an essential part of the legal profession, forcing lawyers to acquire new knowledge, skills and attitudes and to continuously improve them. In this paper, I will reflect on this change by presenting the results of two quantitative studies on the IT and legal informatics competences of practicing lawyers in Hungary. In 2019, the survey examined both the practical and theoretical knowledge of responding lawyers. It found that the use of essential office software and technology applications for activities related to digital processes are an integral part of everyday legal work. On the other hand, there is a lack of depth of knowledge of new technologies and a lack of awareness of new technologies that could influence the future of lawyers’ work. The 2023 survey examined job advertisements for trainee lawyers and practicing lawyers in terms of the IT and legal informatics expectations set out in these advertisements. The range of digital expectations directly mentioned in the job advertisements examined tends to be represented, to a greater extent, by general IT expectations. However, if we also look at the job descriptions related to the individual advertisements, it can be seen that, given the range of tasks mentioned in the advertisements, both the general and the legal informatics expectation level may be higher.

Keywords: Digital Competencies, IT, Lawyers, Legal informatics, Empirical Research

Abstract:

The focus of the present study is mainly on the conceptual variations and historical development of concessions and service concessions under the law. Service concessions and concessions are – in a doctrinal sense – the same legal instrument, although service concessions were created by EU case law in order to avoid restrictions on competition, and then developed and adapted to the needs of the internal market by certain secondary EU sources.

Keywords: concession, service concession, service contract, service order,
service of general economic interest