scholarly journals A „per viam instantiae” perek az erdélyi református házassági jogban

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 16-28
Author(s):  
Péter Nagy
Keyword(s):  
Nineteenth Century ◽  
Canon Law ◽  
The Other ◽  
Reformed Church ◽  
Protestant Churches ◽  
The People ◽  
Matrimonial Law ◽  
The Right ◽  
Civil Courts

This article aims to analyse the “per viam instantiae” cases in the matrimonial jurisdiction of the Reformed Church in Transylvania. Until the introduction of civil marriages in 1895, denominations had the right to declare the marriage of their members in Transylvania in the second half of the nineteenth century. All this time, in the motherland, these cases fell under the jurisdiction of civil courts, and the canon law did not recognise the dissolution of marriage. Therefore, it was easier to get divorced in Transylvania than in the other parts of the Austro-Hungarian Empire. Due to this difference between the rules in the field of matrimonial law, the matrimonial courts of the protestant churches were the goal and an opportunity for the people who wanted to get divorced.

Theories of Majority Rule

1932 ◽  
Vol 26 (3) ◽  
pp. 452-469 ◽  
Author(s):  
John Gilbert Heinberg
Keyword(s):  
Canon Law ◽  
Majority Rule ◽  
Greek City ◽  
External Resources ◽  
The People ◽  
Long Run ◽  
The Rich ◽  
City States ◽  
The Right ◽  
Do So

The term “majority rule” is as impossible to escape as it is apparently difficult to define with precision. Aristotle generally employed it to designate the conduct of government by the poor citizens, who were more numerous than the rich, in the Greek city states. In canon law, it meant the verdict of the maior and sanior pars of a small group. Frederic Harrison wrote about the “rule” of the “effective majority”—that section of any community or social aggregate, which, for the matter in hand, practically outweighs the remainder. He explains that it may do so “by virtue of its preponderance in numbers, or in influence, or in force of conviction, or in external resources, or in many other ways.” Sir George Cornewall Lewis thought that where the ultimate decision is vested in a body there is no alternative other than to count numbers, and to abide by the opinion of a majority. But in alleging that “no historian, in discussing the justice or propriety of any decision of a legislative body, or of a court of justice, thinks of defending the decision of the majority by saying that it was the decision of the majority,” he did not anticipate the view of the English historian Hearnshaw. According to the latter, “The faith of a democrat requires him to believe that in the long run the majority of the people finds its way to the truth, and that in the long run it tries to do the right.”

Nationalism and Jewish Emancipation in Russia: The 1880s

1977 ◽  
Vol 5 (2) ◽  
pp. 167-182 ◽  
Author(s):  
I. Michael Aronson
Keyword(s):  
Nineteenth Century ◽  
Jewish Community ◽  
Educational Opportunities ◽  
The Other ◽  
Religious Practices ◽  
Economic Activities ◽  
Jewish Settlement ◽  
The One ◽  
The Right ◽  
Communal Organization

By the end of the nineteenth century Russian legislation regarding Jews was a congeries of self-contractions and inconsistencies. On the one hand, Jews were hemmed in by numerous restrictions and repressive measures in regard to their residence rights, economic activities, communal organization, educational opportunities, and even religious practices. On the other hand, the limits of discrimination were often ill-defined, being expanded by some laws and contracted by others; in some cases important privileges were granted to various categories of Jews (for example, the right to live outside the Pale of Jewish Settlement) or to the Jewish community as a whole (for example, the right to collect certain taxes). In addition, the enforcement of this hodge-podge of rules and regulations varied from place to place and from time to time.

Episcopal Election in Novgorod, Russia 1156–1478

2003 ◽  
Vol 72 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Michael C. Paul
Keyword(s):  
Middle Ages ◽  
Twelfth Century ◽  
Canon Law ◽  
Modern Times ◽  
Lay Participation ◽  
The People ◽  
Investiture Controversy ◽  
The Right

Episcopal election in Western Christianity evolved considerably over the course of the fifth to the twelfth centuries. In the early part of this period, an open electorate consisting of the clergy and the people (clerus et populus), as well as the diocesan clergy and the metropolitan archbishop, all took part in the election and consecration of a new bishop. Over the course of several centuries, the local prince came increasingly to dominate the process due both to Germanic and Roman traditions of the role of the prince and to the growth in power of the local rulers over the course of the Middle Ages. Efforts to harmonize the discordant views of a “democratic” versus an elite (either princely or clerical) electorate with the ideals of canon law, which forbade lay participation in episcopal election, led to assertions that the clergy were to elect the bishop with the people and the prince giving their assent to the bishop-elect. However, with the Gregorian reforms of the twelfth century, the right of the clergy in episcopal elections became preeminent as the reformers sought to enforce the canon laws and exclude the laity from episcopal election, especially in light of past princely abuse. Despite the apparent victory of the reformers in the Investiture Controversy, the local ruler continued to play a preeminent role in episcopal appointments (or elections) into modern times, though the principle of election “by the clergy and the people” fell into disuse.

Mkwawa and the Hehe Wars

1968 ◽  
Vol 9 (3) ◽  
pp. 409-436 ◽  
Author(s):  
Alison Redmayne
Keyword(s):  
Nineteenth Century ◽  
Attempted Suicide ◽  
Lake Tanganyika ◽  
Early History ◽  
The Other ◽  
Central Plateau ◽  
Political Unity ◽  
The People ◽  
German Authority ◽  
The Way

The Hehe now live mainly in the Iringa and Mufundi districts of Tanzania. Little is known of their early history before the mid-nineteenth century, when chief Munyigumba of Ng'uluhe extended his rule over the other chiefdoms of the Usungwa highlands and central plateau of Uhehe. By his death in ca. 1878 he had also won important victories against the chiefs of Utemikwila, Usangu and Ungoni.After Munyigumba/s death the Hehe suffered a temporary set-back when Mwambambe, who had been a subordinate ruler under Munyigumba, tried to usurp the chiefship, killed Munyigumba's younger brother and caused one of his sons, Mkwawa, to flee to Ugogo. However, eventually Mwambambe was killed in battle against Mkwawa, and his surviving followers, whom he had recruited from Kiwele, fled. By 1883, when Giraud visited Uhehe, Mkwawa was the unchallenged ruler of his father/s lands, and under him the Hehe, who had only recently acquired political unity, had extraordinary military success. Their most important raids were on the caravan route which ran from Bagamoyo on the coast to Lake Tanganyika. By 1890 these raids were a threat to German authority and a major obstacle in the way of colonization and the development of trade. In spite of the Germans' effort to make peace with them, the Hehe persisted in attacking caravans and the people who had submitted to the Germans so, in 1891, a German expedition was sent to Uhehe. This was ambushed and defeated by the Hehe, who then continued their raids, causing the Germans to return in 1894 with a larger expedition and destroy the Hehe fort. Chief Mkwawa may have attempted suicide in the fort, but he was persuaded to flee and then maintained his resistance to the Germans until 1898 when he shot himself to avoid capture. The Hehe then submitted to the Germans. Mkwawa's own determination not to surrender was a very important factor in the long struggle. During this war the Germans acquired a respect for the Hehe which has affected the way that the Hehe have been regarded and treated ever since.

scholarly journals Żyć mocą Ducha Bożego w Kościele

2020 ◽  
Vol 6 ◽  
pp. 56-86
Author(s):  
Jacek Neumann ◽  
Keyword(s):  
Human Life ◽  
The Other ◽  
Theological Interpretation ◽  
The People ◽  
The World ◽  
The Gift ◽  
Human World ◽  
Christian Thought ◽  
The Right ◽  
The Church

Our life as the Christen in the community ecclesial is the announcement about God, which gives the people the gifts of love, freedom, friendship and truth. Through the forgiveness and the activity of the salvation of God, love and friendship in man’s life makes the human world more divine. This Jesus accents in His proclamation about the kingdom divine, specially in the parables, where He presents the model of the world based on love, hope, faith and freedom as the world of deeds based on God. Therefore, with the power of God’s Spirit, man has to make his life based on the norm of divine, because only in God, with God and through God exists for man the possibility to life now on earth, and afterwards in the future in heaven. In this situation, the answer of the man of faith has to be the motivation to take up the “deed” of the renovation of self-life and the imitation of God. This constitutes as the Christian thought that the central point of the theological interpretation of the value of salvation is realized – hic et nun – as the historical and existential value of the human life in the right of the kingdom divine. The proclamation of Jesus about the “new life”, presents to man the values of the divine existence in the spiritual of the Church. On one hand, it is the gift of freedom and the liberation from sin, where the love of God is absolutely necessary. On the other hand, the “new life” opens for man the space of liberty of life, where God forgives the human offences and the sins, both past and present. Well now the resume of the call to imitate God is the acceptance of the divine gift, which changes the man himself, and all the people, who seek the help and good councils to live the norm divine. These witnesses in the human mentality the consciousness of the existence based on the divine laws, which have in themselves the dimension eschatological.

scholarly journals Preventing the Wrongful Criminalization of Online Gender-based Violence Victims: A Look into Law No. 44 of 2008 on Pornography

2021 ◽  
Vol 2 (1) ◽  
pp. 32-40
Author(s):  
Almyra Luna Kamilla
Keyword(s):  
The Other ◽  
Gender Based Violence ◽  
Other Hand ◽  
The People ◽  
The Creation ◽  
Gender Based ◽  
The Right ◽  
Fundamental Values ◽  
Pornographic Material ◽  
Laws And Regulations

Undang-Undang No. 44 Tahun 2008 tentang Pornografi secara eksplisit melarang keras pembuatan konten yang mengandung pornografi, namun disisi lain, Penjelasan Pasal 4 ayat (1) pada Undang-Undang tersebut secara implisit memberikan hak bagi masyarakat untuk membuat materi pornografi selama ditujukan untuk diri sendiri dan demi kepentingan sendiri. Hal ini membuat adanya perdebatan yang dipengaruhi juga oleh nilai-nilai dasar bangsa Indonesia sebagai negara yang beradab dan beragama. Dalam prakteknya, Pasal 4 ayat (1) UU No. 44 Tahun 2008 tidak jarang disalahgunakan untuk menjadikan korban Kekerasan Berbasis Gender Online (KBGO) sebagai tersangka dalam kasus pornografi. Melalui pendekatan feminis dan berorientasi korban, Penelitian ini akan membahas bagaimana UU No. 44 Tahun 2008 tentang Pornografi dimanfaatkan baik sengaja atau tidak sengaja, sebagai senjata dalam reviktimisasi perempuan korban KBGO. Penulis menggunakan pendekatan yuridis-normatif dimana Penelitian ini didasari atas analisa terhadap peraturan perundang-undangan yang berlaku di Indonesia serta studi literatur. Hasil penelitian ini menemukan bahwa pada UU No. 44 Tahun 2008 tentang Pornografi terdapat perbedaan norma yaitu antara Pasal 4 ayat (1) dengan Penjelasan Pasal 4 ayat (1). Selanjutnya, dapat disimpulkan bahwa perbedaan norma tersebut disertai dengan pendekatan penegak hukum di Indonesia yang cenderung konservatif, memicu fenomena dimana korban KBGO yang seharusnya dilindungi justru dikriminalisasi ===== Law No. 44 of 2008 on Pornography explicitly condemned the creation of pornographic content, on the other hand, the Elucidation of Art. 4 (1) of the Law implicitly grants the right for the people to create pornographic material so long as it is intended for oneself and one’s interest. This issue has caused a debate that is also influenced by the fundamental values of Indonesia as a nation that is civilized and religious. In practice, Art. 4 (1) of Law No. 44 of 2008 on Pornography is often misused to cause victims of Online Gender-based Violence into suspects of cases of pornography. Using the feminist approach and victim-oriented perspective, this Research will discuss how Law No. 44 of 2008 on Pornography is utilized, on purpose or otherwise, as a weapon in revictimizing women who are victims of Online Gender-based Violence. The Author used the juridical-normative method in which the Research is constructed based on the analysis of Indonesian laws and regulations as well as literature studies. The results of this Research found that there are contradicting norms within Law No. 44 of 2008 on Pornography specifically between Art. 4 (1) and its Elucidation. Furthermore, it can be concluded that such contradicting norms complemented with the approach of Indonesian law enforcers which tends to be conservative, precipitated a phenomenon in which victims of Online Gender-based Violence who are supposed to be protected ended up criminalized.

scholarly journals The Mutual Rights and Duties of the Public and the Sovereignty in the Teachings of Nahj Al-balagha

2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami
Keyword(s):  
Education System ◽  
The Other ◽  
The Public ◽  
Distribution Of Wealth ◽  
Contemporary World ◽  
Other Hand ◽  
The People ◽  
The World ◽  
Fair Distribution ◽  
The Right

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.

The Rhetoric of Rebellion in Hume's Constitutional Thought

2005 ◽  
Vol 67 (2) ◽  
pp. 257-282 ◽  
Author(s):  
Thomas W. Merrill
Keyword(s):  
David Hume ◽  
The Other ◽  
Political Society ◽  
Rhetorical Strategy ◽  
Important Principle ◽  
The People ◽  
History Of ◽  
Constitutional Thought ◽  
The One ◽  
The Right

In hisHistory of England, David Hume suggests that the doctrine of resistance should be concealed from the populace. But this suggestion in the very public location of theHistoryhas the effect of revealing this doctrine as much as concealing it. How should we understand this perplexing rhetorical strategy? Hume's paradoxical rhetoric is a symptom of the problem that the right of rebellion poses for every political society. On the one hand, the right of rebellion undeniably exists; on the other, no regime can recognize that right fully. The problem of rebellion thus reveals the simultaneous necessity and limitations of law. Hume's playful, transparent rhetoric is intended to compel us to reflect upon the deeper tension between liberty and authority in every political society and to furnish us with an example of how that tension might be prudently and honestly handled.At a pivotal moment in theHistory of England, Hume writes: “If ever, on any occasion, it were laudable to hide truth from the populace, it must be confessed, that the doctrine of resistance affords such an example; and that all speculative reasoners ought to observe, with regard to this principle, the same cautious silence which the laws, in every species of government, have ever prescribed to themselves.” On its face, this is a recommendation that the “doctrine of resistance,” perhaps the most important principle of modern liberalism, be kept a secret, hidden away from the people at large.

Turning the Other Cheek: Profile Direction in Self-Portraiture

1996 ◽  
Vol 14 (1) ◽  
pp. 89-98 ◽  
Author(s):  
Richard Latto
Keyword(s):  
Nineteenth Century ◽  
Seventeenth Century ◽  
Opposite Direction ◽  
Spatial Organization ◽  
Temporal Change ◽  
The Other ◽  
Art Gallery ◽  
Face To Face ◽  
The Right ◽  
Over Time

The spatial organization of the forty-seven self-portraits in the exhibition “Face to Face: Three Centuries of Artists' Self-Portraiture” held at the Walker Art Gallery, Liverpool, was analyzed and compared with previously published studies, all of which have obtained their data predominantly from non-self-portraits. In the seventeenth century there was a significant asymmetry in self-portraits for both the direction of profile, with most paintings showing the right profile, and the direction of lighting, with most paintings showing the light coming from the left of the painting. Both these asymmetries declined over time and were not present in eighteenth- and nineteenth-century paintings. The lighting asymmetry and the temporal change confirmed findings with non-self-portraits, but the profile asymmetry was in the opposite direction probably because of the use of mirrors to generate the image being painted. Taken together, the findings support an explanation for asymmetries in portraits of all kinds in terms of the conventions of studio organization.

scholarly journals POLITICAL APATHY - NON-USE OF THE RIGHT TO VOTE IN POLLOG REGION

2019 ◽  
Vol 26 (6) ◽  
pp. 1819-1825
Author(s):  
Gjylten Ademi
Keyword(s):  
Political Culture ◽  
Electoral Behavior ◽  
The Other ◽  
Planning Tool ◽  
The People ◽  
Democratic Tradition ◽  
Right To Vote ◽  
The Right ◽  
Political Apathy ◽  
Theory Of Democracy

If there is one area in which the theory of democracy has strong evidence and numerous of them, it is the field of electoral behavior. This and the field of public opinion, as electoral participation components and part of the democratic theory, in general these are that leads us to an overview of political apathy, depoliticization, indifference, decommissioning the right to vote, political apathy, etc.. On the other hand we witness that recently such phenomenon (read: political apathy) is present not only in our country but also in other countries that have high democratic tradition. While taking into the consideration the fact that these phenomena have not been studied enough in our society, I believe that this work will contribute a little in the area of political apathy study as well as for politology. The purpose of this paper is to give an overview of the more sober and objective in relation not only to the degradation of political apathy as a social phenomenon but also analyzing it with a planning tool like cause-effect in order to protect participation. The greater participation in elections is, the greater it demonstrates the level of political culture of the people, however through this also proves an effective and functional democracy. This subject is complex as well as interesting, at any time and space, creates opportunity for debate and analysis.

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