DIKÉ 2025/1.

Szerző: Takács Levente
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

The late ancient compilation, known as the Collatio legum Mosaicarum et Romanarum was composed in an age when different religious and legal cultures (Jewish, Christian, Roman) influenced and competed with each other. It is an intriguing task to examine how slavery, a very controversial social institution, was represented in this comparative work of Jewish and Roman legislation, which is thought to have been written at the end of the 4th century. There is an entire chapter devoted to discussing the misconduct of slave owners, while also mentioning slaves in various other contexts. From these passages, we can assume why this work was compiled and how slavery was treated at that time.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Frivaldszky János 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

The medieval jurists believed that equity was inherent in the nature of things, as an immanent order and harmony which the emperor, or the judge or jurist, had to transform by his will, by the act of justice, into a legal norm, a prescription. Thus, by will, justice becomes a prescribed rule. Just as equity is the source and source of justice, the latter plays the same role with regard to the individual legal norms. Although jurisprudence has been confined to the texts, the numerous references to equity found in them have left sufficient space to adapt the corpus of law, which is regarded as unconditional authority, to new circumstances. As far as the practical legal justification of servitude and private property was concerned, the natural law norms of freedom for all men and the common possession of goods continued to be valid, but only as guidelines rather than as binding legal norms of the natural law.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Ruff Tibor 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

The primacy of the blood (family) relationship over the relationship between the individual (the citizen) and the state power can be traced back to natural law. In order to protect the values of domestic harmony and the integrity of the family unit, many jurisdictions have been prompted to determine special rules restricting the testimony of family members in criminal proceedings. The family relationship, mentioned as a relative obstacle to the examination of witnesses, whether it existed at the time the offence was committed or at the time of its assessment, constitutes a ground for this immunity. A person who would accuse himself or a relative of having committed a criminal offence may refuse to testify on the matter, even if he has not refused to testify as a relative of the accused. These two relative obstacles have a link in modern and postmodern law, but their historical development is even more interconnected. The exemption from the obligation to testify arising from the partiality of love has been embraced by the legal systems of the greatest and most enduring civilizations, and, if and when this civilization has been organized as a state, has been made a binding legal norm. In so doing, it has also superseded the state’s ethical obligation to enforce justice even in cases of crimes against life, thereby expressing its higher value of intimacy in the family, the site of a person’s emotional socialisation, as a means of fulfilling one of the state’s primary functions. This study compares the foundations of Judaism, Christianity, and Roman law within European legal culture (and, as a counter-example, of Chinese law), which have served as historical arguments for the development of rules of testimony for relatives in the era of legal modernisation.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: P. Szabó Béla 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

The study, applied different methodological paths, attempts to revive and highlight data and facts from the first half of the 18th century that may reveal, in the most striking way, the ways in which Protestant students at Western universities could have acquired, used or passed on their superficial or in-depth knowledge of natural law. The universities of Halle and Frankfurt an der Oder, as well as those of the Netherlands, were the places where liberal arts and law students from the Carpathian Basin were most intensively exposed to the natural law doctrines of Grotius and Pufendorf, listening to Thomasius, Heineccius and other German and Dutch professors. The survey, which is by no means exhaustive, is based on data from university visits, letters reporting on studies and analyses of academic works.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Balogh Elemér 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

The medieval jurists believed that equity was inherent in the nature of things, as an immanent order and harmony which the emperor, or the judge or jurist, had to transform by his will, by the act of justice, into a legal norm, a prescription. Thus, by will, justice becomes a prescribed rule. Just as equity is the source and source of justice, the latter plays the same role with regard to the individual legal norms. Although jurisprudence has been confined to the texts, the numerous references to equity found in them have left sufficient space to adapt the corpus of law, which is regarded as unconditional authority, to new circumstances. As far as the practical legal justification of servitude and private property was concerned, the natural law norms of freedom for all men and the common possession of goods continued to be valid, but only as guidelines rather than as binding legal norms of the natural law.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Tunç, Bilal; Yildirim, Sefa
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

A cikk angol nyelvű.

*****

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 articles1 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.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: László Balázs 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

One of the important measures of the quality of the criminal procedure is the role of justice in the principles and specific rules of the procedure. However, from a historical perspective, justice in criminal proceedings can be of many kinds. We can talk, among other things, about the justice of the victim, the parties, the community, the judge or even the defendant. In a more recent comparison, we can examine the relationship between material justice and procedural justice. In this study, I examine the appearance of justice in the codification attempts – in the Penal Code bills – of the end of the 18th century and the first half of the 19th century. However, when analyzing this era, the traditional Hungarian law of the previous centuries cannot be ignored either. And as a result, we can see that during historical development and the codification, certain factors that promote justice increasingly come to the force, while certain old solutions that work against justice are pushed back. However the solutions of the era do not fully meet or contemporary expectations of justice.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Mészáros István László
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

This study shows that, although the terms ’ human rights’ and ’ fundamental rights’ are not found in the Bible, their essential content, the classical human freedoms and values they protect, are in fact an integral part of the Bible. Some of them, such as the protection and conservation of one’s own and those of one’s neighbors liberty, body and life, marriage and family, property, good name and reputation of oneself and one’s neighbour; the freedom to avoid false gods and false oaths and to observe the weekly Sabbath (a rest day), are protected in the Decalogue, which prohibits their violation. The universal obligations stated in the Decalogue point to universal rights that truly exist on the other side. Through conveying all these, the Bible played a decisive role regarding the fact that these freedoms and fundamental values were later concretely declared as natural or human rights and became part of the written law in the Judeo-Christian cultural sphere. As far as the legal antecedents themselves are concerned, it is vital to realise that the Decalogue is more than a set of religious and moral commandments in this respect as well. As part of the Mosaic Laws, it was the foundation of the legal system of the ancient state of Israel and therefore constitutes a legal historical fact that is still relevant today. It is therefore not an exaggeration to proclaim that the Decalogue can be considered the first universal declaration of human rights in the history of mankind, with a history stretching back several millennia.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Újvári Emese 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

In Ancient Rome, if a child was not under patria potestas, he needed a guardian to manage his property. While in the archaic period guardianship was essentially in the interests of the guardian, there was a gradual change in attitude, with the interests of the ward becoming more and more important. Accordingly, a growing number of legal instruments have been developed to prevent the embezzlement of the assets entrusted to the guardian and to enable the guardian to be prosecuted as effectively as possible in the event of such embezzlement. It is part of this development that in some cases the ward has been able to take action not only against the guardian who has mismanaged or embezzled the ward’s assets, but also against a certain number of officials responsible for the appointment of guardians. Moreover, in certain cases, it was not only the officials who were liable, but also the pater familias of the officials; or even their heirs in the event of the death of the magistratus. This latter possibility, however, was (again) the result of a lengthy process. The present study examines the causes and the dogmatic background of this process.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Schweitzer Gábor
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

The draft of Act IV of 1939 on the public and economic restrictions of Jews declared Jews in Hungary an ethnic group for the purpose of public legal segregation. This provision was eventually removed from the text of the law. In the period of anti-Semitic legislation that dismantled the achievements of denominational emancipation of the liberal era, one of the efforts of Jewish communities was to develop survival strategies. The theorists of the Zionist movement, who were inherently critical of the processes of liberal emancipation and assimilation, proclaimed the necessity of a new emancipation based on an ethnic minority status in the shadow of the draft of Act IV. of 1939. The articles of József Junger, lawyer and vice-president of the Hungarian Zionist Federation, published in this period were primarily aimed at the legal and theoretical foundation of this new emancipation based on the ethnic minority status. József Junger believed that a new emancipation of Jews based on ethnic ground could be legitimized on the basis of the principles of justice and natural law.

A részletes adatlapot a képre vagy a címre kattintva érheti el.

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)