DIKÉ 2025/2.

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

Az eredeti nyelvű leírás hiányzik.

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The European Integration is going back in centuries old spiritual traditions. The lawyers availed themselves to a considerable extent of the tenets of the Bible. Roman law (ius Romanum) served as a foundation for the 16th century legal humanism and was a goldmine for the rationalist natural law doctrines. In the 19th century, Roman law is molded in the spirit of legal positivism primarily through German Science of Pandects. Roman law is substantional material of the private law codices in Europe. It is obvious that the European integration needs both the harmonization and the unification in particular with regard to private law- related legislation. The realization legal harmonization could take the form of Council regulation, directive and also could be realized via coordinated national legislation. The members, for example of the Accademia dei giusprivatisti europei based on Pavia, among whom we can find experts of Roman law, English common law, and modern codified private law, in their efforts to codify the European law of contracts, view as their primary mission the creation of a compromise between Roman law, primarily based on codified continental private law, and contract constructions of English common law. The private law of the European countries is closely connected to Roman law. Taking into consideration the significant role of Roman law in the analysis of the evolution of European private law, regarding both the 27 member states of the European Union (Eu) and to those states being presently – yet – no member states of the Eu, is justified by spiritual traditions rooted in the tenets of the Bible.

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.

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The study points out that although not explicitly named or fully formulated as a concept, the embryonic form of the separation of powers already appears in the Bible. It is reflected in the state-building provisions of the Mosaic Laws, in the way Deuteronomy divides the authority over the people in biblical Israel into four branches, namely: the judges, the king, the priesthood and the prophets. Although the provisions for each of these sectors are presented without a theoretical explanation, it is clear from the prophetic and historical books of the Old Testament that they had a role in keeping power in check. In contrast to the despotic political systems of the time, this served to prevent the concentration of power in a single hand. Furthermore, the biblical anthropology of the New Testament, which emphasizes the depravity of human nature due to original sin and the consequences of the resulting distortions of character, led Christian thinkers and political theorists such as James Madison, who played a leading role in the drafting of the Constitution of the United States of America and its first ten amendments (Bill of Rights 1791), to articulate the need to limit power by power. In conveying all this, the Bible itself has also played a significant role in shaping the separation of powers into a constitutional principle.

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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 aim of this study is to provide a comprehensive examination of the historical and comparative legal background of the doctrine of laesio enormis, with particular attention to its roots in ancient legal systems and its subsequent development and integration into European private law throughout the medieval and modern periods. The study analyses the Roman law regulation of laesio enormis, as well as analogous provisions found in Mesopotamian and Jewish law, and explores the treatment of the concept within Christian legal thought. Furthermore, it considers the presence of the doctrine in various modern civil codes and examines the relationship between laesio enormis and the doctrine of consideration as developed in the common law tradition. The study aims to introduce new perspectives on laesio enormis by addressing areas of inquiry that have received less scholarly attention, including the rule’s broader social justification and legitimacy.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Rugási Gyula
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

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Dawud al-Muqammas, the elder colleague of the much better known Sadia Gaon, the first prominent figure in medieval Jewish philosophy, wrote his major work Isrún-Maqalat (Twenty Chapters) at the end of the 9th century, which was preserved in a manuscript discovered in the National Library of St Petersburg at the end of the 19th century, although not in its entirety. The work was written in Arabic, as was the custom of the time, and forms an integral part of the intellectual-historical fluid known as the (mutazilite) kalam. The world over languages and religions, which was the golden age of Muslim and Jewish philosophy – approximately the 10th-12th centuries – could perhaps be called rational theology in scholastic terms. A particular feature of the genre is that its representatives, from the Pyrenees to modern-day Afghanistan, pondered the same problems: the uniqueness of God, his transcendence, his purely pneumatic character, in short, the borderline questions of revelation and Hellenic philosophy. The main work of Al-Muqammas, especially its 11th chapter, interprets a very complex issue, the relations between predestination and free will in a Jewish, Muslim and Syriac Christian context, attempting to overcome the contradictions that these three religions, and especially Islam, brought to the surface again and again at the turn of the 9th and 10th centuries.

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Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

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

Az eredeti nyelvű leírás hiányzik.

*****

The doctrine of just war, despite centuries of popular belief, does not play a dominant role in the Angelic Doctor’s moral theology, and instead we must reassess the centrality of peace. He certainly did not exalt just war, and especially not punitive war. We must take seriously the concept of ʻtwo effectsʼ in interpreting legitimate self-defence, even if it raises theoretical and practical problems. Otherwise it will not be clear that the aim is to protect life and not to kill the aggressor. The defence of human life is not only against the tyrant’s arbitrary power, but St Thomas gives arguments why the tyrant should not be killed either, and how it is worth preventing him from attacking the lives of his subjects. In the case of the tyrant, the argument is not to protect his life, but nevertheless nothing really good comes from killing the despot. St Thomas Aquinas does not believe in the good that comes from killing people. Therefore, in the most exceptional cases, he is only willing to consider its necessity or justification. As to the death penalty, we already know that man cannot lose his dignity, since his spiritual soul remains incorruptible whatever sins he may commit, and therefore the punishment to be inflicted cannot be capital punishment. Community self-defence against him can no longer be a consideration, since the system of secure punishment precludes it.

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

Az eredeti nyelvű leírás hiányzik.

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The 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.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)

Szerző: Sáry Pál
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

*****

Christians have never considered the power of the ruler to be unlimited. According to Christian views formulated in antiquity, the emperor was obliged to observe revealed divine laws, the rules of natural law, the positive laws of the state, and the rules of canon law. According to the Christian view, which coincides with the Jewish position, the ruler could not claim to be worshipped as a god by his subjects. Christians also adopted the doctrines of natural law from Greco-Roman philosophy, according to which the ruler was obliged to judge fairly and make just laws. Apologists (especially Tertullian) proclaimed that nature grants everyone the right to freely choose their religion, and therefore the emperor should not use religious coercion. According to the rules of natural law, the ruler was obliged to respect the property rights of his subjects. The emperor had to adhere to the rules of justice even in war. Although according to Roman law, the emperor was not bound by the rules of positive law, Christians also expected a good emperor to comply with state laws. In addition to all this, the Catholic bishops required the Christian emperors to adhere to the rules of canon law: if they committed a sin, they should follow the provisions of penitential discipline; they should not interfere in the internal affairs of the Church, not imagine themselves to be high priests, not define theological doctrines; in other words, they should respect the rules of competence defined by the Church. is that by the second half of the 20th century, the notion of military self-sacrifice became interwoven with suicide attacks. Since suicide is a sin in Islam, adjustments in fiqh had to be made in the modern context to justify such actions (that are usually labelled as terrorism outside the Muslim world). This required Sunnī Islam to incorporate certain elements of Shīʿī traditions, as the ethos of martyrdom (even with the involvement of suicide) was developed and glorified in several sects of the Shīʿa. The bridge between the two main branches of Islam became the Israeli-Palestinian conflict, which served fundamentalists and jihādists their legal and theological reasoning for those new forms of attacks that not only shook the Western world, but caused severe division among Muslims as well.

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

Az eredeti nyelvű leírás hiányzik.

*****

In 860, the jurist-theologian Hincmar referred to a late antique compilation – cited by him in the context of a marital dispute between King Lothair and his wife Theutberga, within one of the “successor states” of the divided Frankish Empire – as the primi libri legis Romanae (“first book of Roman law”). He also indicated to both his contemporaries and modern readers what principles ‘ just judges’ ought to consider, citing two sources: the 9th-century Archbishop of Reims found justice in the Old Testament Scriptures, particularly in the Law of Moses, and in the Roman legal concepts current at the time of the compilation known in European legal history as the Collatio Legum Mosaicarum et Romanarum. In the terminology employed by Hincmar, we hypothesise that – despite the significant chronological gap between the Mosaic legislation and the Roman legal sources integrated into the Collatio – a unifying element can be identified: the conception of justice grounded in universal natural law. This assumption is explored below through an analysis of the Collatio’s provisions on family relations, with particular emphasis on the universal prohibition of incest within the framework of the Noahide covenant.

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Elolvasom/letöltöm (pdf)

Szerző: Nagy Péter
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2025

Az eredeti nyelvű leírás hiányzik.

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Hungarian marriage law had become complicated by the second half of the 19th century. The different territorial regulations further complicated the coexistence of several denominational laws. This contributed significantly to the spread of marriage migration. The High Court of Marriages of the Calvinist Church in Transylvania reacted to this situation by regulating the ‘per viam instantiae’ proceedings, which became the most controversial legal instrument of the Calvinist marriage law. The Unitarian Church of Transylvania introduced a similar set of rules. It allowed a person or couple who had converted from another denomination to apply for a divorce, provided that the parties could prove their residence in Transylvania. The issue caused tension both within the authorities in Hungary and other Austrian provinces, and even within the Reformed Church in Transylvania.

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

Ingyenesen letölthető, open access kiadvány

Elolvasom/letöltöm (pdf)