PTE Journals (University of Pécs)
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Vallás- és lelkiismereti szabadság az ókori Rómában
Get PDFIt is widely believed that the Roman Empire, as a polytheistic society, was basically tolerant of different religions. This is largely true, but the Romans divided religious phenomena into two categories: religio meant ‘normal’ religion approved by the state authorities, and superstitio meant ‘deviant’ religious phenomena considered harmful by the state and dangerous to society. The latter was also tried to be restricted by the law. The Romans included Judaism, which had already appeared on the Italian peninsula from the 2nd century Bc, although it was almost completely opposed to the pagan religions, among the religions and ensured its free practice by means of ‘positive discrimination’. In contrast, Christianity, which emerged in the mid-1st century Ad, was classified as superstitio at the moment of its appearance, and was not only rendered legally impossible, but also subjected to physical persecution. Christian apologists, especially the legally skilled Tertullian, did their utmost to convince the Romans that Christianity was worthy of the name religio. The Carthaginian author not only introduces the concept of ‘religious freedom’ but also argues that Christianity is worthy of freedom on the basis of the Stoic idea of ‘conscience’ and the ius naturale
Analysis of the Turkish 2001 Constitutional Amendments in the Context of Fundamental Rights and Freedoms from the Perspective of European Rule of Law
Get PDFTürkiye’s current constitution, the 1982 Constitution, is modelled on the constitutions of European states. In fact, the 6th amendments to the 1982 Constitution, which is the subject of this study, was made on October 3, 2001 within the framework of harmonization with the European Union acquis. With this regulation, in addition to the initial text of the Constitution, several articles[1] were amended. The main purpose of making these amendments was to make the 1982 Constitution harmonized within the scope of the accession works to the European Union. The aim of this study was to reveal the contribution of Articles 13, 14, 19, 20, 21, 22, 23, 26, 28, 31, 33, 34, 36, 38 and 40, regulating the issues in the context of protecting fundamental rights and freedoms and amended in 2001, to the development of fundamental rights and freedoms in Türkiye. For this purpose, it was aimed to reveal in detail the effect of the said Constitutional amendment on the development of human rights and freedoms. This study was created by making use of the Official Gazette and copyrighted works through a qualitative study in which the document analysis techniques were used in order to show how Türkiye embarked on the path of European legal development by ensuring constitutional fundamental rights.Türkiye’s current constitution, the 1982 Constitution, is modelled on the constitutions of European states. In fact, the 6th amendments to the 1982 Constitution, which is the subject of this study, was made on October 3, 2001 within the framework of harmonization with the European Union acquis. With this regulation, in addition to the initial text of the Constitution, several articles[1] were amended. The main purpose of making these amendments was to make the 1982 Constitution harmonized within the scope of the accession works to the European Union. The aim of this study was to reveal the contribution of Articles 13, 14, 19, 20, 21, 22, 23, 26, 28, 31, 33, 34, 36, 38 and 40, regulating the issues in the context of protecting fundamental rights and freedoms and amended in 2001, to the development of fundamental rights and freedoms in Türkiye. For this purpose, it was aimed to reveal in detail the effect of the said Constitutional amendment on the development of human rights and freedoms. This study was created by making use of the Official Gazette and copyrighted works through a qualitative study in which the document analysis techniques were used in order to show how Türkiye embarked on the path of European legal development by ensuring constitutional fundamental rights
When Does the Muḍghah Become a Living Soul? The Framework of Fetal Protection by Sunnī Legal Schools in Light of Hellenistic as well as Judeo-Christian Traditions
Get PDFDue to the general practice of calling Islam an ‘Abrahamic religion’, many assume (and actually the majority of Muslims would assume) that the Muhammadan religion’s relationship with the issue of fetal protection and the practice of abortion reflects the conservative spirit of the Bible. However, nor the primary Muslim texts, nor the practice of Sunnī legal schools substantiate this assumption. In fact, in this comparative textual analysis I intend to show that Islamic jurisprudence resulted in homogeneous adjudication regarding abortion, just like the practice of Muslim states reflect versatile legislation. The end result is that most Sunnī schools of law allow first trimester abortions (and in some instances even further), something which reflects Aristotelian ‘pragmatism’ much more than the values of Judeo-Christian culture.Due to the general practice of calling Islam an ‘Abrahamic religion’, many assume (and actually the majority of Muslims would assume) that the Muhammadan religion’s relationship with the issue of fetal protection and the practice of abortion reflects the conservative spirit of the Bible. However, nor the primary Muslim texts, nor the practice of Sunnī legal schools substantiate this assumption. In fact, in this comparative textual analysis I intend to show that Islamic jurisprudence resulted in homogeneous adjudication regarding abortion, just like the practice of Muslim states reflect versatile legislation. The end result is that most Sunnī schools of law allow first trimester abortions (and in some instances even further), something which reflects Aristotelian ‘pragmatism’ much more than the values of Judeo-Christian culture
Az Alkotmánybíróság a hatalmi ágak metszéspontjában
Get PDFThe principle of division of power in its modern form, as an institutional-functional principle of state organisation, was established during the Enlightenment in the 17th and 18th centuries and continues to evolve to this day. In addition to Montesquieu’s trias, i.e. the legislative, executive and judicial powers, new public law power factors have emerged over the last two and a half centuries. One of these factors is the centralised constitutional adjudication that emerged in 20th-century Europe, which, if effectively enforced, restructures the relationship between the other branches of power. This study uses the example of the Hungarian Constitutional Court to show how a centralised constitutional court affects the classical system of branches of power. The study concludes that the existence of the Constitutional Court does not eliminate the classical branches of power, but it does limit the functioning of the state organisations that embody them. These limitations arise not only from the principles of state organisation, but also from the values and principles of the constitution and from the fundamental rights enshrined therein. In exercising its powers, a typical European constitutional court – such as the Hungarian Constitutional Court – is now able to check and balance not only the political branches of power, but also any excesses of judicial power, i.e. the unconstitutional functioning of ordinary courts and the interpretation of law contrary to constitutional rights
The Tekoite Narrative and Retributive Justice: A Case Study on the Poliphony of Legal Discussions in the Hebrew Bible
Get PDFThe Tekoite narrative (2 Samuel 14) is remarkable for its rhetorical skill and ideological complexity; as such, it is well suited to illuminate the rich tapestry of legal and ethical discussions preserved in Israel’s self-reflexive library we call the Hebrew Bible. With the overall aim of elucidating the Hebrew Bible’s dialectical polyphony on issues of rule enforcement and accountability – the theme of our conference section –, this paper attempts to map the legal concepts that are either embedded in the Tekoite narrative as integral elements of the worldview of the eighth to sixth-century Judahite community in which the narrative was created, or are reflected in the text as points to be evaluated or communicated. The paper arrives at two conclusions: first, it introduces the idea that the narrative served to reinforce the theme of retributive punishment by presenting an out-of-key, false iteration of the counter-theme of mercy, as relevant in the Hebrew Bible as the theme itself, and best embodied by Abraham’s plea for the undeserving in Genesis 18. And second, the paper suggests that a common lesson of the discussions of this theme and counter-theme, as they recur throughout the Hebrew Bible and also in the Tekoite narrative, is that it takes a prophet to judge properly when retributive justice can be set aside
Élethelyzetek a Morgenstern/Marczali család levelezéséből (1875–1877)
Get PDFThe paper is about the correspondence between Henrik Marczali (1856–1940) and his siblings and brother-in-law. It also includes the memoir of a relative from 1971. The letters were written between 1875 and 1877 by Marczali’s sisters Janka (1854–1925), Regina (1858–1926), Gizella (1860–1886) and Janka’s husband Miksa Berger (1851–1927). The siblings’ relationships and information about their home are revealed, as well as commentary on the Jewish religion. This information is much more direct about the Morgenstern-Marczali family relations than in Henrik Marczali’s autobiography titled Emlékeim. Another important significance of these letters are the words addressed to the budding historian Zsigmond Simonyi(1853–1919), who was also studying in Berlin and Paris on a scholarship. In the memoir Marczali’s niece recalls how the family members living in Marcali remembered him.A tanulmány Marczali Henrik családi kapcsolatait árnyaló, a testvéreitől és sógorától fennmaradt levelezésről és egy rokonával 1971-ben készült visszaemlékezésről szól. Az 1875 és 1877 között született levelekben a nővére, Janka (1854–1925), a két húga, Regina (1858–1926) és Gizella (1860–1886), valamint Janka férjének, Berger Miksa (1851–1927) gondolatai olvashatóak. Megelevenednek bennük a testvéri kapcsolatok, megismerhetőek a lakóhelyről szóló adatok, sőt a zsidó vallással kapcsolatos megjegyzések is előkerülnek. Marczali Henrik Emlékeim című önéletírásához képest az a jelentőségük, hogy a Morgenstern-Marczali család akkori viszonyairól és a lakókörnyezet miliőjéről közvetlenül szólnak hozzánk. Különös jelentősége még a leveleknek, hogy a leendő történetíróval együtt szintén ösztöndíjjal Berlinben és Párizsban tanuló Simonyi Zsigmondhoz (1853–1919) is szól néhány. Az 1971-ben Marczali unokahúgával készített rövid visszaemlékezés soraiban a marcali családjában az idős történészről megőrződött emlékeket olvashatjuk
Kedves Barátom! ‒ Marczali Henrik katolikus kapcsolatai
Get PDFThe study provides an insight into Marczali’s clerical contacts, mainly based on the historian’s recollections and the fragmentary archival sources (letters, testimonials, short messages) that reflect on them. Not only are the hitherto known or less known professional collaborations and closer contacts further explored, but new elements are added to our knowledge of the relationship between the Jewish historian and the Catholic clergy. In addition to academic friendships and patrons – Vilmos Fraknói, Lajos Haynald, Arnold Ipolyi – we also learn about political relations – János Csernoch, Sándor Giesswein –, family friendships – Menyhért Takács, Lajos Haynald – and even about the various Catholic communities – the Cistercian Order, the Saint Stephen’s Society. All of this – in addition to Marczali – also provides new information about the clergymen portrayed.A tanulmány Marczali klérusbeli kapcsolataiba enged betekintést, elsősorban a történész visszaemlékezései, valamint az arra reflektáló, töredékesen fennmaradt levéltári források (levelek, ajánlások, rövid üzenetek) alapján. Nem csupán az eddig ismert vagy kevésbé ismert szakmai együttműködések, illetve közelebbi kapcsolatok színesednek tovább, de új elemekkel is bővül a tudásunk a zsidó történész és a katolikus klérus kapcsolatát illetően. Az akadémiai barátságok és támogatók – Fraknói Vilmos, Haynald Lajos, Ipolyi Arnold – mellett szó esik a politikai kapcsolatokról – Csernoch János, Giesswein Sándor –, a családi barátságokról – Takács Menyhért, Haynald Lajos –, sőt a különböző katolikus közösségekről – ciszterci rend, Szent István Társulat – is. Mindezek pedig – Marczali mellett – a megjelenített papi személyekről is új információkkal szolgálnak
The Aggrieved Party of a Contractual Breach: Its Position, Rights and Duties, Limits of Sacrifices Under Hungarian and Comparative Law Instruments
Get PDFA diligent and vigorous obligee may prepare for the performance or for the breach of a contract by its co-contractant, by applying measures appropriate to the circumstances, beginning from the precontractual phase, through complete or partial performance, or an accidental breach, right until the dissolution of the contractual relationship. The objectives of the entitled party are to foster performance or to find the less harmful outcome if a breach occurs. These objectives are promoted by the general principles of proportionality, the equilibrium and safety of obligations, and good faith. The aggrieved party has rights but obligations as well, not only to provide services but also to respect and protect the infringing party’s interests. With allowances and sacrifices, if necessary. What are the rights and obligations of an aggrieved party, what kind of conduct to carry out, and what assistance is provided by Hungarian and comparative legal instruments such as the Civil Code, the CISG and the UPICC? These questions are subjected to examination in the paper
Papal Representatives in Hungary in the Eleventh–Fourteenth Centuries: A Prosopographical Database (https://delegatonline.pte.hu/index)
Get PDFTraditionally, research on Papal-Hungarian relations has been dominated by a diplomatic approach. Until the early 2000s, Hungarian historiography was traditionally characterised by a relatively schematic concept of papal representation, i.e. papal representatives were mostly understood as legates or nuncios. The last two decades have seen major changes in this area: the prosopographical research of papal representatives has begun, which has shed light on the various forms of representation (legates, nuncios, papal delegated judges, conservators, executors, administrators, papal collectors), and the thematic analysis of the relationships has become dominant. This paper presents the results of the DeLegatOnline research projects that bring together these studies