DIKÉ 2025/1.

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

A cikk angol nyelvű.

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The development of Hungarian law has many links with European legal culture. Primary among these is Hungary’s adherence to Western Christianity from the time of the foundation of the Hungarian state and the influence of the Roman legal tradition in shaping legal culture, both directly and indirectly through canon law. In this paper – as a summary of my previous works on this topic – I will show in which phase of the development of Hungarian law between the 11th and the 20th century the Roman legal tradition influenced the development of Hungarian law, how this influence manifested itself, who were the mediators of this influence, to which scientific trend they belonged and to what extent Roman law shaped Hungarian legal thought.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Herger Cs. Eszter 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

A cikk angol nyelvű.

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Children’s rights were not born in the second half of the 20th century but can be traced back to biblical natural law. Biblical thought reached European legal culture in two ways: directly through the spread of Christianity and indirectly through the Jewish diaspora. Although rabbinic jurisprudence developed as group law, mostly in isolation from its environment, the influence of Christian thinkers helped to define the fundamental rights of the child that appeared centuries later in the children’s rights movement. It is also a fact that the integrative view of the biblical natural law which carries the Christian premoral goods helped to conceptualize the rights of children to the rights of parents. This tradition emphasised the responsibility of parents, with the intention of shaping adult behaviour in accordance with the normative requirements of legitimate marriage and, in contrast to other forms of cohabitation, regulating procreation, parenthood and children’s rights within this framework. However, children’s rights continued to be particularly neglected in two areas until the second half of the 20th century: the distinction between legitimate children on the basis of their gender persisted, and while the church and state gradually increased the protection of children’s rights, they systematically denied rights to nonmarital children. Therefore, after a meta-perspectival overview of the thinking about children’s rights, this paper will examine also the emancipation of legitimate female children and illegitimate children through the Hungarian example, interpreting it in the light of European intellectual currents.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Sándor István 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

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The purpose of this paper is to outline when and why the concept of res communes omnium appeared in ancient Roman law and its relevance today, especially in the jurisprudence and legal thinking of the United States of America. It is known from the Bible that the Garden of Eden was intended by God for Adam, Eve and their children. In the Golden Age, Ovid argued that people did not need rights, that the land provided enough food for everyone and that the land belonged to everyone. In Roman law, the category of res communes omnium is linked to the phenomenon that certain things are
not under the exclusive power of individuals, but are for the common use of all people. The primary reason for this is that the natural property of these things precludes any other use. The res communes omnium thus covers things which belong to all, the ownership of which no one can acquire. From this dual natural law basis, this paper examines the common law doctrine of public trust. It describes the development and application of the public trust, and concludes that the principles of natural law, which are valid in perpetuity, provide a background that ensures continuity in legal life, yet flexibility in the face of new social and economic situations.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Małecki, Marian;  Falus Orsolya
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

A cikk angol nyelvű.

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The charitable activities initiated by the monastic orders were continued by the some knights’ orders from the 11th century onwards, whose aim was to care for the sick and the poor. These were the hospitaller crusaders, whose roots grew out of the organization of hospitaller brotherhoods. Most of these formations reached Central and Eastern Europe, including Hungary and Poland. These special legal institutions represented divine justice in the conditions of the time: they protected the weak, spread the faith, and the hospitaller crusader orders performed an additional important, ‘public benefit’ task by caring for the sick in an era when institutionalized state frameworks for this activity did not yet exist. The aim of the paper is to – following in the footsteps of another study previously published in Díké, like a second part of it – present the functioning of such brotherhoods and knights’ orders in Poland in the 12th and 13th centuries, and to examine at what levels of activity these legal institutions can be seen to be engaged in social justice.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Tóth J. Zoltán
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

A cikk angol nyelvű.

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Freedom of expression – among the classical freedom rights – became an integral part of European legal culture in the 16th century, in parallel with the emergence of Protestant denominations. The definition of the limits to freedom of expression within the framework of the rule of law has been a topical issue of jurisprudence and legal theory ever since. The aim of this paper is to briefly review the process by which the Constitutional Court has gradually shifted in recent years from the enforcement of subjective criteria to the assessment of substantive ones in the context of the examination of freedom of expression in the public sphere – especially in criminal cases, in relation to the constitutional assessment of defamation and libel – is no longer the question of who the opinion (or the press release) is about (e.g. public figures), but rather on the type of matter (i.e. public or non-public) in which it appears. Of course, the being of public figures is still a possible aspect of the assessment, but it can now be carried out primarily (and subordinately) in order to determine whether the facts under constitutional assessment are indeed public matters (and thus whether the „speech” made in this context is covered by the special protection of freedom of expression in political and social matters) or not.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

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

Az eredeti nyelvű leírás hiányzik.

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It 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.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Surjányi Dávid 
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

A cikk angol nyelvű.

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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.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)