DIKÉ 2026/1

Szerző: Mészáros István László
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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The Antecedents of the Principle of Legal Certainty in the Mosaic Law
This study reveals that several elements of the principle of legal certainty already appear in an embryonic form in the ancient Mosaic Law. As such, the Law’s accessibility and availability to the people were ensured by the fact that it was publicly proclaimed and written down, and that its regular public readout and continuous teaching were required by law. Knowledge of the law was therefore not a secret science reserved for the few. The predictability of legal consequences – and, by virtue of this, the clarity of the law itself – was ensured by the fact that both the casuistic and general provisions of the law prescribed in advance the sanction for the violations they specified. Furthermore, the proclamation of the principle of talion made the severity of the sanction predictable. All of these factors reduced the possibility of arbitrary adjudication. Clarity of the norms was helped by the fact that the most important provisions were generally short, concise, often unconditional, and easy to memorize – a characteristic that applies, for example, to the Decalogue in its entirety. The Decalogue inscribed on the stone tablets also constitutes the immutable, universal moral foundation of the entire Law, which determines the framework and direction for the interpretation and application of all the Law’s specific provisions, thereby advancing legal uniformity and clarity of norms. It further expresses that laws cannot be regarded as mere acts of power. The Law prohibited any deviation from it, including any modification or override by the monarch himself. This ensured the stability and constancy of the law. Because of its declared nature as a covenant between the people of Israel and their God, the Law sets down in advance the benefits and obligations arising from the covenant. This implicitly included the exclusion of retroactive regulations at the level of human institutions. All of these – together with other elements, such as those promoting the primacy and supremacy of the law – had an undeniable influence on legal thought within the Judeo-Christian cultural sphere and, indirectly, on the development of the modern concept of the rule of law.

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Szerző: Képes György
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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The Composition of the Early Modern Hungarian and Polish-Lithuanian Diet
The emergence of both the Polish and Hungarian bicameral assemblies were the result of a de-facto merger of the larger (or full) royal council and the assemblies of the nobility that had gradually become representative. In Poland, the simultaneous but physically separate sitting of the two houses, the Senate and the House of Envoys, can be observed from the mid-15th century and has been considered permanent since the Diet of Piotrków of 1493. In Hungary, the same changes (the formation of the upper and lower chambers) occurred a hundred years later and were finally enshrined in Act I (after the coronation) of 1608. However, it can also be observed that, despite their many similarities, the parliaments of the two Eastern Central European countries followed different paths of development. The most striking difference – apart from the federal character of the post-1569 Polish-Lithuanian joint Seym - was that while the Polish-Lithuanian Diets were attended exclusively or almost exclusively by the nobility, the Hungarian Diets were open to other social classes as well, albeit with a much smaller representation than that of the nobility.

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Szerző: Sallai Balázs,
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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The Codification of Civil Service Law as a Tool for State Crisis Management: The German Historical Example
The central thesis of this article is that the codification of public service law in a uniform code (service pragmatics) is important not only from the narrow perspective of jurisprudence, but also from the perspective of power politics. Among these mechanisms of exercising power, the text focuses specifically on the issue of state crisis management, for which I attempt to analyze positive and negative examples from 19th- and 20th-century German (legal) history.

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Szerző: Surjányi Dávid
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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Many Islamic fundamentalists today retrace their ‘law of war’ back to a medieval jurist called Ibn Taymiyya. One of the most controversial elements in the mufti’s legacy was when he issued the so-called Mardin fatwa against the Mongol leaders of the Ilkhanate. Ibn Taymiyya declares these leaders kafir (act of takfir) for not implementing Sharia law in the Ilkhanate despite their conversion to Sunni Islam. The question of this paper is whether this fatwa means that Ibn Taymiyya advocated for rebellion against wayward Muslim leaders or not. This paper does what only a few works on Ibn Taymiyya ventured so far: not only to shed light on the historical context in which the legal instrument of the Mardin fatwa was issued but also to concurrently elaborate on Ibn Taymiyya’s stance on Muslim authority. Thus, the research establishes that taking into account his other works as well, it is clear that the mufti did not wish to initiate an internal jihad against Muslim leaders, as he did not even regard the Ilkhans as Muslims. Therefore, what he did is to call for the basic form of military jihad against unbelievers. While vast research concentrates on the mufti’s longstanding influence on fundamentalists, our present comparative analysis also examines how the Mardin fatwa has been invoked by modern Islamists and jihadists to justify violent actions against their national leaders, based on a particular interpretation of Sharia derived from a medieval jurist whose formulation was sufficiently ambiguous to arguably permit such usage. Ideally, this contributes to the library worth of research regarding the mufti inasmuch as it sheds new light on the real impact Ibn Taymiyya has had on the development of Islamic law of war (Fiqh al-Jihad).
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Szerző: Borsodi-Nagy Barnabás
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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The Legal Status and Place of the Hospes from Sopron among the Hospes Communities performing border guard duties in western Hungary in the 13th century
In Hungary the 13th century was the era of the privileging of the hospes communities. Some of these communities – mostly in the western part of the country – also performed border guard duties. By comparing their letters of privileges with those of the other hospes communities, we can see some significant correlations especially in connection with duty-free trade and fairs.

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Szerző: Bayanbaatar, Batbayar, Enkhee, Tuulaikhuu
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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This brief study examines the historical evolution and codification of traditional Mongol laws and their role in shaping governance from antiquity to the early 20th century. The paper is organized into three parts: an overview of key Mongolian legal sources – including the Great Yasa, Yuan legal codes, and various edicts – an analysis of European contributions that systematized Mongol legal traditions through pioneering Russian and German scholarship, and a discussion of future directions in Mongol legal research. Emphasizing interdisciplinary methodologies and the translation of historical texts, this work aims to enhance global accessibility to Mongolia’s legal heritage and stimulate further comparative legal studies.
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Szerző: Małecki, Marian
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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This work is dedicated to the legal and military aspects of the Polish-Soviet war of 1919–1921, when after defeating the Russians in the Battle of Warsaw (August 1920), the Poles pushed the border with Russia eastward. At that time, many legal issues arose that needed to be resolved almost immediately. First, this involved the demobilization of a large number of Polish soldiers and the establishment of the Border Guard in their place, as well as allowing the State Police to establish administration alongside the local governors. Second, it concerned the restoration of discipline in the army, which, after two major Polish victories over Russia (the Battle of Warsaw and the Battle of the Niemen), required the implementation of radical punitive measures (including the introduction of the death penalty). Third, there was the issue of prisoners of war and their transfer – on the basis of exchange – to the Russian side. Fourth, finally, it was about establishing Polish administration in the occupied territories. The issue of compensation for war invalids has been presented separately.

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Szerző: Lénárdné Maletics Borbála
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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The Status of Animals under Private Law – Historical and Comparative Legal Analysis
The protection of animals and the development of the related legal environment is one of the most pressing issues of our time. The civil law status of animals is particularly important, alongside the more traditional public law and criminal law regulations governing the protection of animals. How animals are treated under civil law reflects the way we view them, and whether they are defined as objects or sentient beings can have an impact on animal protection legislation. In the context of the civil law status of animals, I analyze the Roman law roots of their legal assessment. I consider this particularly important given that Roman law had a decisive influence on the development of civil law in continental European legal systems, formed the basis of civil codes, and influenced legal practice even in countries that did not directly adopt it. The civil legal status of animals is currently a constantly changing area of jurisprudence that is the focus of research. In line with international trends, civil law regulations concerning animals are constantly evolving in Europe, emphasizing and recognizing the sentient nature of animals. In this paper, I examine the impact of the civil law status of animals on legal practice through a presentation of the case law of three countries: Austria, Switzerland, and Hungary. The differences between the civil law rules of these countries allow us to analyse the extent to how the legal status of animals as objects influences their treatment in civil law cases.

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Szerző: Rózsa Csongor Ernő
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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The Anglo Saxon Succession to the Throne and William the Conqueror’s Claim to the Throne
According to the time-honoured Hungarian historiography the rights of William the Conqueror to the throne were well-founded and he truly came to the island because of the defence of his rights. The English historians and legal historians on the other hand says that the situation is much more nuanced and nowadays they believe that some details of the Bayeux Tapestry has a deeper meaning in accordance with the events of the Conquest. In my essay I am briefly outlining the events before 1066 and the state of the English Kingdom at that time, then I examine from legal historian persepective the Anglo-Saxon succession norms (or the lack of them), lastly I scrutinize the claims of William the Conqueror each one by one. This way – in Hungary – this essay will be the first legal historian work in relation with the claims of the Normand prince.

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Szerző: Huynh Thi Truc, Giang, Nguyen Thi My, Linh
Pécsi Tudományegyetem Állam- és Jogtudományi Kar 2026

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This article explores the evolution of Vietnamese legislative thinking on children’s privacy rights, tracing a shift from a traditional framework rooted in family ethics and social norms towards legal responses to postmodern dynamics in the digital environment. In contemporary digital contexts, children are increasingly datafied, governed by algorithmic systems, and influenced by artificial intelligence. The article develops a historical analytical framework by examining the emergence of children’s rights protection in international human rights instruments and analysing the processes through which these standards have been internalised in Vietnamese law. From a legal-historical perspective, it identifies three stages in the development of legislative thinking on children’s privacy rights and exposes persistent limitations, notably the predominance of ex post regulatory responses and the absence of effective technological risk-management mechanisms. On this basis, the article proposes directions for legislative reform aimed at strengthening a child-centred approach that is responsive to the structural challenges of the digital environment.

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