It is widely known that Historical Memory plays a crucial role in any nation that wants to be regarded as democratic.
众所周知，历史记忆在任何一个想要被视为民主的国家都起着至关重要的作用。
{"title":"A STUSY ON PUBLIC ORDER AND JUSTICE IN TOTALITARIAN EUROPE","authors":"Francisco J. SANJUAN ANDRÉS","doi":"10.21134/sjls.vi3.1685","DOIUrl":"https://doi.org/10.21134/sjls.vi3.1685","url":null,"abstract":"It is widely known that Historical Memory plays a crucial role in any nation that wants to be regarded as democratic.","PeriodicalId":341035,"journal":{"name":"Spanish Journal of Legislative Studies","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133067063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The popularization of social media as a forum for the expression of ideas and for political debate has increased in recent years the, always present, tension between freedom of expression and public control of offensive or dangerous speech. Many democratic states criminalise hate speech and other types of offensive expression, and now are social Media themselves that can exercise prior censorship over content on the basis of similar rules but much more restrictive and ambiguous. Combining normative analysis with empirical methodologies, this paper analyses, focusing on Spain, the implications that Criminal laws and “community guidelines” have on citizens’ decisions to express themselves freely, which is fundamental for the configuration of a real democracy. It is made up of two studies: the first traces the evolution of judicial resolutions in Spain that prosecute possible crimes of terrorism and hate for political expression on social networks, as a result of the popularisation of these since 2014 in concurrence with a broad and ambiguous legislation. The results show a significant growth of state control over expressions that are essentially offensive but that, in most cases, do not represent a clear and present danger and could go beyond the doctrine of the ECHR. In the second part, an empirical study is carried out to analyse how the existence of hate speech crimes and social media rules affects the decision to express political ideas on social networks or to self-censor. The results show that a large part of the sample is self-censoring but that criminal law and content rules, in particular the severity of the law and the certainty that it is applied, do not have a direct effect on the decision to express ideas on the Internet, while the social perception of what others do is decisive. It is discussed how this calls into question the legitimacy of the evident limitation of freedom of expression of some crimes in Spain.
{"title":"FREEDOM OF EXPRESSION IN SOCIAL MEDIA AND CRIMINALIZATION OF HATE SPEECH IN SPAIN: EVOLUTION, IMPACT AND EMPIRICAL ANALYSIS OF NORMATIVE COMPLIANCE AND SELF-CENSORSHIP","authors":"Fernando Miró Llinares, Ana Belén Gómez Bellvís","doi":"10.21134/sjls.v0i1.1837","DOIUrl":"https://doi.org/10.21134/sjls.v0i1.1837","url":null,"abstract":"The popularization of social media as a forum for the expression of ideas and for political debate has increased in recent years the, always present, tension between freedom of expression and public control of offensive or dangerous speech. Many democratic states criminalise hate speech and other types of offensive expression, and now are social Media themselves that can exercise prior censorship over content on the basis of similar rules but much more restrictive and ambiguous. Combining normative analysis with empirical methodologies, this paper analyses, focusing on Spain, the implications that Criminal laws and “community guidelines” have on citizens’ decisions to express themselves freely, which is fundamental for the configuration of a real democracy. It is made up of two studies: the first traces the evolution of judicial resolutions in Spain that prosecute possible crimes of terrorism and hate for political expression on social networks, as a result of the popularisation of these since 2014 in concurrence with a broad and ambiguous legislation. The results show a significant growth of state control over expressions that are essentially offensive but that, in most cases, do not represent a clear and present danger and could go beyond the doctrine of the ECHR. In the second part, an empirical study is carried out to analyse how the existence of hate speech crimes and social media rules affects the decision to express political ideas on social networks or to self-censor. The results show that a large part of the sample is self-censoring but that criminal law and content rules, in particular the severity of the law and the certainty that it is applied, do not have a direct effect on the decision to express ideas on the Internet, while the social perception of what others do is decisive. It is discussed how this calls into question the legitimacy of the evident limitation of freedom of expression of some crimes in Spain.","PeriodicalId":341035,"journal":{"name":"Spanish Journal of Legislative Studies","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123392239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract: In this paper we examine the appropriateness and significance of the law of exception in the Spanish constitutional order. For this, we have examined the models of Comparative Law that Spain has followed to restore its disturbed constitutional order. Basically, historically, concern arose at the time of North American and French Revolutions of how to incorporate into the Constitution the institutions related to their protection. British singularity was also manifested in the way of understanding and including specific protection for the defence of the Constitution and the law of exception, with institutions such as martial law or habeas corpus. The suspension of habeas corpus as an extraordinary instrument of protection of the state organization was considered in the American Constitution of 1787, and is thought of as a precedent of Article 55.1 of the current Spanish Constitution of 1978. During the period between 1812 and 1869, the law of exception contemplated in Spanish Historical Constitutions covers only the suspension of guarantees. The republican Constitution of 1931 conserved the outline of the Constitution of 1869, with certain relevant alterations. The most significant normative instruments of this legislation were the Law of Defence of the Republic and the Law of Public Order of 1933. After the publication of this last Law, it became the extraordinary norm that has most deeply and habitually been put into practice, since Spain has experienced practically a permanent situation of "constitutional abnormality". This highlights the fact that a Law of Public Order for the defence of the constitutional regime established by the Second Republic could be transferred in many of its precepts, with very similar contents to the Francoist Law of Public Order that was able to remain in force until much later, being finally repealed by the Organic Law of LO 1/1992, of Protection of Citizen Safety.
{"title":"THE DEFENCE OF THE DEMOCRATIC CONSTITUTION IN EXTRAORDINARY CIRCUMSTANCES: THE LAW OF EXCEPTION IN COMPARATIVE LAW AND IN SPANISH CONSTITUTIONAL HISTORY","authors":"María Dolores MARTÍNEZ CUEVAS","doi":"10.21134/sjls.vi3.1394","DOIUrl":"https://doi.org/10.21134/sjls.vi3.1394","url":null,"abstract":"Abstract: In this paper we examine the appropriateness and significance of the law of exception in the Spanish constitutional order. For this, we have examined the models of Comparative Law that Spain has followed to restore its disturbed constitutional order. Basically, historically, concern arose at the time of North American and French Revolutions of how to incorporate into the Constitution the institutions related to their protection. British singularity was also manifested in the way of understanding and including specific protection for the defence of the Constitution and the law of exception, with institutions such as martial law or habeas corpus. The suspension of habeas corpus as an extraordinary instrument of protection of the state organization was considered in the American Constitution of 1787, and is thought of as a precedent of Article 55.1 of the current Spanish Constitution of 1978. During the period between 1812 and 1869, the law of exception contemplated in Spanish Historical Constitutions covers only the suspension of guarantees. The republican Constitution of 1931 conserved the outline of the Constitution of 1869, with certain relevant alterations. The most significant normative instruments of this legislation were the Law of Defence of the Republic and the Law of Public Order of 1933. After the publication of this last Law, it became the extraordinary norm that has most deeply and habitually been put into practice, since Spain has experienced practically a permanent situation of \"constitutional abnormality\". This highlights the fact that a Law of Public Order for the defence of the constitutional regime established by the Second Republic could be transferred in many of its precepts, with very similar contents to the Francoist Law of Public Order that was able to remain in force until much later, being finally repealed by the Organic Law of LO 1/1992, of Protection of Citizen Safety.","PeriodicalId":341035,"journal":{"name":"Spanish Journal of Legislative Studies","volume":"628 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113982083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article will analyse the crime of kidnapping in the Middle Ages, and in particular in certain fueros which include a procedure that was previously unknown in the Iberian Peninsula: the proceeding of medianedo. Its characteristics and the requisites for its being carried out and the manner of its regulation are examined in detail, as well as the criminal consequences for the kidnapper and for the kidnapped woman, who has the power of choice in this procedure.
{"title":"THE MEDIANEDO IN THE LOCAL FUEROS: A SPANISH MEDIEVAL INSTITUTION FOR THE RESOLUTION OF THE LAWSUIT FOR KIDNAPPING WITH A POSSIBLE GERMANIC ORIGIN","authors":"Yolanda QUESADA MORILLAS","doi":"10.21134/sjls.vi3.1386","DOIUrl":"https://doi.org/10.21134/sjls.vi3.1386","url":null,"abstract":"This article will analyse the crime of kidnapping in the Middle Ages, and in particular in certain fueros which include a procedure that was previously unknown in the Iberian Peninsula: the proceeding of medianedo. Its characteristics and the requisites for its being carried out and the manner of its regulation are examined in detail, as well as the criminal consequences for the kidnapper and for the kidnapped woman, who has the power of choice in this procedure.","PeriodicalId":341035,"journal":{"name":"Spanish Journal of Legislative Studies","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127334915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
THE ARTICLE DEALS WITH THE LONG-TERM CONSEQUENCES OF THE LEGAL PROCEEDINGS SUFFERED BY SOME FALSE CONVERTS BEFORE THE INQUISITION. THE SEPHARDIC COMMUNITY SEEKS ITS ROOTS IN THE DOCUMENTS RELATING TO THESE TRIALS IN ORDER TO ESTABLISH THEIR TRUE ORIGINS.
{"title":"ANTONIO DE MENDOZA OR THE LONG SHADOW OF A SILENT SEDITION","authors":"María Jesús Torquemada","doi":"10.21134/sjls.vi3.1470","DOIUrl":"https://doi.org/10.21134/sjls.vi3.1470","url":null,"abstract":"THE ARTICLE DEALS WITH THE LONG-TERM CONSEQUENCES OF THE LEGAL PROCEEDINGS SUFFERED BY SOME FALSE CONVERTS BEFORE THE INQUISITION. THE SEPHARDIC COMMUNITY SEEKS ITS ROOTS IN THE DOCUMENTS RELATING TO THESE TRIALS IN ORDER TO ESTABLISH THEIR TRUE ORIGINS.","PeriodicalId":341035,"journal":{"name":"Spanish Journal of Legislative Studies","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115866845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
International data transfers involve a flow of personal data from Spanish territory to recipients established in countries outside the European Economic Area. It is the European Commission that decides, with effects for the whole Union, that a third country, a territory or a specific sector of a third country, or an international organisation offers an adequate level of data protection, thus providing legal certainty and uniformity throughout the Union with regard to the third country or international organisation.
{"title":"THE IMPACT OF THE GENERAL DATA PROTECTION REGULATION OF THE EUROPEAN UNION ON THE LEGAL REGIME OF INTERNATIONAL TRANSFERS OF PERSONAL DATA","authors":"Alfonso Ortega Giménez","doi":"10.21134/sjls.vi3.1432","DOIUrl":"https://doi.org/10.21134/sjls.vi3.1432","url":null,"abstract":"International data transfers involve a flow of personal data from Spanish territory to recipients established in countries outside the European Economic Area. It is the European Commission that decides, with effects for the whole Union, that a third country, a territory or a specific sector of a third country, or an international organisation offers an adequate level of data protection, thus providing legal certainty and uniformity throughout the Union with regard to the third country or international organisation.","PeriodicalId":341035,"journal":{"name":"Spanish Journal of Legislative Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131160005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 30th December 2002 the Catalan Parliament promulgated the first law of the Civil Code of Catalonia. Its main objective, as stated in the preamble, is to ‘establish the structure, the basic content and the procedural processes of the Civil Code of Catalonia’. This law also introduced the first of the six books that were to set out the Catalan Civil Code.
{"title":"THE CATALAN LEGAL TRADITION (THE VALUE OF INTERPRETATION AND THE WEIGHT OF HISTORY)","authors":"José María Pérez Collados","doi":"10.21134/SJLS.V0I1.1707","DOIUrl":"https://doi.org/10.21134/SJLS.V0I1.1707","url":null,"abstract":"On 30th December 2002 the Catalan Parliament promulgated the first law of the Civil Code of Catalonia. Its main objective, as stated in the preamble, is to ‘establish the structure, the basic content and the procedural processes of the Civil Code of Catalonia’. This law also introduced the first of the six books that were to set out the Catalan Civil Code.","PeriodicalId":341035,"journal":{"name":"Spanish Journal of Legislative Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117005923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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