Pub Date : 2022-01-01DOI: 10.25143/socr.23.2022.2.061-082
Uldis Ķinis, Ņikita Sinkevičs
The aim of the article is to analyse the problem of applying substantial harm in offenses against the security of information systems, in particular Paragraph one of Article 241 and the paragraph one and two of Article 243 of the Criminal Law. Although substantial harm is defined in Article 23 of the Law on the Procedures for the Coming into Force and Application of the Criminal Law, the wording of the current law and its application in the court practice of Latvia is still problematic. The authors have studied the European Union and regulations in Latvia on the network and information system, which provides security of services essential to society. The authors concluded that systems which provide essential service and significant impact of service must be recognised as the direct object of the offense of Article 241, Paragraph three and Article 243, Paragraph five of the Criminal Law. Furthermore, it is not necessary to prove existence of harmful effects in order to prosecute these offenses. The authors propose to introduce a classification of information systems that would functionally cover all existing systems in the country. Therefore, the authors propose to simplify this process of determining significant damage and replace the current procedure with an algorithm. General methods of scientific research and methods of legal interpretation have been used in the research. Keywords: algorithm, automated data processing system, substantial harm, security incident, non-material loss, criminal delinquency
{"title":"Algoritms kā būtiska kaitējuma noteikšanas metode noziedzīgos nodarījumos, kas saistīti ar automatizētu datu apstrādes sistēmu (ADAS)","authors":"Uldis Ķinis, Ņikita Sinkevičs","doi":"10.25143/socr.23.2022.2.061-082","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.061-082","url":null,"abstract":"The aim of the article is to analyse the problem of applying substantial harm in offenses against the security of information systems, in particular Paragraph one of Article 241 and the paragraph one and two of Article 243 of the Criminal Law. Although substantial harm is defined in Article 23 of the Law on the Procedures for the Coming into Force and Application of the Criminal Law, the wording of the current law and its application in the court practice of Latvia is still problematic. The authors have studied the European Union and regulations in Latvia on the network and information system, which provides security of services essential to society. The authors concluded that systems which provide essential service and significant impact of service must be recognised as the direct object of the offense of Article 241, Paragraph three and Article 243, Paragraph five of the Criminal Law. Furthermore, it is not necessary to prove existence of harmful effects in order to prosecute these offenses. The authors propose to introduce a classification of information systems that would functionally cover all existing systems in the country. Therefore, the authors propose to simplify this process of determining significant damage and replace the current procedure with an algorithm. General methods of scientific research and methods of legal interpretation have been used in the research. Keywords: algorithm, automated data processing system, substantial harm, security incident, non-material loss, criminal delinquency","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073198","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.23.2022.2.165-182
Kitija Bite
Autonomy of a university is a right to self-determine its existence and operation. Autonomy is not the absolute freedom of action of the institution, but rather the liberty to operate within the national legal framework. Autonomy embraces the democratic principles of a governance model enforced with the purpose to maintain a balance between the self-governing entities. The balance refers to internal and external democracy. Shifting the balance of the current governance model of the Constitutional Assembly, the Senate, the Rector, the Audit Commission and the Academic Arbitration Court affects democracy at large. The article aims to analyse the legal framework of university autonomy and its changes, identify shortcomings of the governance model, and propose solutions to them. Used materials include legal acts, publications and literature. Methods used in the article are descriptive, analysis, synthesis, dogmatic, induction and deduction, and legal interpretation methods as well – grammatical, systemic, historical and teleological methods. The main results relate to how changing the university governance model in Latvia impacts the university autonomy and compliance with the democratic principle in governance. Leaving the choice to establish the Constitutional Assembly to the university jeopardises the principle of participation of a university staff in the university’s activities. Furthermore, leaving the establishment of the Academic Arbitration Court to the university dismantles the democratic balance in the university governance. Keywords: autonomy, self-governance, constitution assembly, the senate, the rector, the academic arbitration court
{"title":"Augstskolas autonomija kā demokrātisks pārvaldības princips Latvijā","authors":"Kitija Bite","doi":"10.25143/socr.23.2022.2.165-182","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.165-182","url":null,"abstract":"Autonomy of a university is a right to self-determine its existence and operation. Autonomy is not the absolute freedom of action of the institution, but rather the liberty to operate within the national legal framework. Autonomy embraces the democratic principles of a governance model enforced with the purpose to maintain a balance between the self-governing entities. The balance refers to internal and external democracy. Shifting the balance of the current governance model of the Constitutional Assembly, the Senate, the Rector, the Audit Commission and the Academic Arbitration Court affects democracy at large. The article aims to analyse the legal framework of university autonomy and its changes, identify shortcomings of the governance model, and propose solutions to them. Used materials include legal acts, publications and literature. Methods used in the article are descriptive, analysis, synthesis, dogmatic, induction and deduction, and legal interpretation methods as well – grammatical, systemic, historical and teleological methods. The main results relate to how changing the university governance model in Latvia impacts the university autonomy and compliance with the democratic principle in governance. Leaving the choice to establish the Constitutional Assembly to the university jeopardises the principle of participation of a university staff in the university’s activities. Furthermore, leaving the establishment of the Academic Arbitration Court to the university dismantles the democratic balance in the university governance. Keywords: autonomy, self-governance, constitution assembly, the senate, the rector, the academic arbitration court","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073243","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.23.2022.2.183-193
Jānis Musts
Many legal theorists subscribe to the claim that the legal syllogism has a role in justification of legal decisions. A challenge to this thesis is put forward in Luis Duarte d’Almeida’s essay “On the Legal Syllogism”. This article aims to examine Luis Duarte d’Almeida’s arguments against rule-deductivism in order to refine the theoretical understanding of the role that the legal syllogism has in the justification of legal decisions. In this article, three main research methods have been used: the descriptive, the deductive, and the analytical method. The examination of Luis Duarte d’Almeida’s arguments against rule-deductivism results in several conclusions. Firstly, the general argument against rule-deductivism fails because of some faulty assumptions about the scope of the major premise in respect to the scope of the statutory rule entailed by its ratio legis, i.e. that this adherence must be perfect when the judge is expanding the scope of the statutory rule by referring to the general purpose of the rule. Secondly, the critique of the first notion of rule-deductivism is effective, but only insofar as one also adheres to several contentious assumptions that are held by some rule-deductivists, but are not essential to rule-deductivism. Keywords: legal syllogism, rule-deductivism, teleological correction
许多法律理论家赞同法律三段论在法律判决的正当性中起作用的主张。Luis Duarte d 'Almeida的论文《论法律三段论》对这一论点提出了挑战。本文旨在考察Luis Duarte d 'Almeida反对规则演绎主义的观点，以完善对法律三段论在法律判决辩护中所起作用的理论理解。本文主要采用了三种研究方法:描述法、演绎法和分析法。对Luis Duarte d 'Almeida反对规则演绎主义的论点的研究得出了几个结论。首先，反对规则演绎主义的一般论证之所以失败，是因为对其法定比例所限定的成文法范围的大前提范围的假设存在一些错误，即当法官参照成文法的一般目的来扩大成文法范围时，这种坚持必须是完美的。其次，对规则演绎主义第一个概念的批判是有效的，但只有在人们也坚持一些规则演绎主义者所持有的有争议的假设的情况下，这些假设对规则演绎主义来说并不重要。关键词:法律三段论，规则演绎主义，目的论修正
{"title":"Defence of Rule-Deductivism","authors":"Jānis Musts","doi":"10.25143/socr.23.2022.2.183-193","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.183-193","url":null,"abstract":"Many legal theorists subscribe to the claim that the legal syllogism has a role in justification of legal decisions. A challenge to this thesis is put forward in Luis Duarte d’Almeida’s essay “On the Legal Syllogism”. This article aims to examine Luis Duarte d’Almeida’s arguments against rule-deductivism in order to refine the theoretical understanding of the role that the legal syllogism has in the justification of legal decisions. In this article, three main research methods have been used: the descriptive, the deductive, and the analytical method. The examination of Luis Duarte d’Almeida’s arguments against rule-deductivism results in several conclusions. Firstly, the general argument against rule-deductivism fails because of some faulty assumptions about the scope of the major premise in respect to the scope of the statutory rule entailed by its ratio legis, i.e. that this adherence must be perfect when the judge is expanding the scope of the statutory rule by referring to the general purpose of the rule. Secondly, the critique of the first notion of rule-deductivism is effective, but only insofar as one also adheres to several contentious assumptions that are held by some rule-deductivists, but are not essential to rule-deductivism. Keywords: legal syllogism, rule-deductivism, teleological correction","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073274","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.24.2022.3.062-077
Ja Zelmenis
One of the guiding principles of the European Union is freedom of establishment. At the same time, due to the possibility of abuse of rights, restrictions are possible. The objective of the study is to analyse cases regarding state intervention in commercial activities of antreprenierus imposing restrictions on rights and freedoms, in order to prevent companies from abusing the principles of free establishment. The author provides justification and cases for imposing restrictions, in particular, if there is a suspicion that tax evasion, unlawful reduction of the taxable amount has taken place instead of lawful tax planning, based on which businesses are required to provide information on true beneficiaries of companies, the goals and nature of transactions, as well as discusses the acceptable depth of such restriction by regulation. Several research methods have been used in this study: historical method, analytical method and inductive method. Keywords: freedom of establishment, notion of economic substance, tax disputes, tax planning, tax evasion, anti-money laundering (AML), sanctions, legislation on “whistleblowers”
{"title":"Factors Affecting Modern Entrepreneurship and Tax Planning","authors":"Ja Zelmenis","doi":"10.25143/socr.24.2022.3.062-077","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.062-077","url":null,"abstract":"One of the guiding principles of the European Union is freedom of establishment. At the same time, due to the possibility of abuse of rights, restrictions are possible. The objective of the study is to analyse cases regarding state intervention in commercial activities of antreprenierus imposing restrictions on rights and freedoms, in order to prevent companies from abusing the principles of free establishment. The author provides justification and cases for imposing restrictions, in particular, if there is a suspicion that tax evasion, unlawful reduction of the taxable amount has taken place instead of lawful tax planning, based on which businesses are required to provide information on true beneficiaries of companies, the goals and nature of transactions, as well as discusses the acceptable depth of such restriction by regulation. Several research methods have been used in this study: historical method, analytical method and inductive method. Keywords: freedom of establishment, notion of economic substance, tax disputes, tax planning, tax evasion, anti-money laundering (AML), sanctions, legislation on “whistleblowers”","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073468","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.22.2022.1.013-023
V. Jilkine
The article analyses new legislative amendments in Finland, including an interim amendment to the Infectious Diseases Act, which aims to protect the life and health of clients and patients using social and medical services. The rapid spread of the number of cases of coronavirus infection in Finland, including the new Omicron strain, required urgent measures and new amendments to the legislation. Therefore, in the context of the overall fight against the coronavirus pandemic in the world, these provisions of the Finnish Constitution are a transition from the absolute priority of universally recognised norms of international law to the priority of the Basic Law, subject to the condition of the inadmissibility of guaranteed restriction of human rights. Finland’s desire to comply with the global integration processes in the context of persisting risks of the spread of coronavirus infection has led to digital harmonisation of legislation and legal norms in accordance with the principles of international law. The amendments to Finnish legislation were based on the enshrined provisions of the Constitution and the existing international legal framework, considering possibilities for responding to pandemic and transboundary emergencies in accordance with WHO guidelines.
{"title":"COVID-19 Pandemic and Changes to Finland’s Legislation in Line with the WHO Guidelines","authors":"V. Jilkine","doi":"10.25143/socr.22.2022.1.013-023","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.013-023","url":null,"abstract":"The article analyses new legislative amendments in Finland, including an interim amendment to the Infectious Diseases Act, which aims to protect the life and health of clients and patients using social and medical services. The rapid spread of the number of cases of coronavirus infection in Finland, including the new Omicron strain, required urgent measures and new amendments to the legislation. Therefore, in the context of the overall fight against the coronavirus pandemic in the world, these provisions of the Finnish Constitution are a transition from the absolute priority of universally recognised norms of international law to the priority of the Basic Law, subject to the condition of the inadmissibility of guaranteed restriction of human rights. Finland’s desire to comply with the global integration processes in the context of persisting risks of the spread of coronavirus infection has led to digital harmonisation of legislation and legal norms in accordance with the principles of international law. The amendments to Finnish legislation were based on the enshrined provisions of the Constitution and the existing international legal framework, considering possibilities for responding to pandemic and transboundary emergencies in accordance with WHO guidelines.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072248","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.22.2022.1.138-149
Jānis Joksts
Raiderism typology is the classification of objects or phenomena according to certain common (type) features. The typology, as a method of cognition, helped the author to perform the analysis, revealing the quintessence or set of transactions of the respective raider as a transaction between legal entities, aimed at implementation of suspicious and illegal transactions with the intention of gaining self-interest. Within the essence of the raiderism typology, the author focused on the main features of that, which allows summarising the obtained research results, achieved and revealed the type of raiders found in Latvian conditions and which should be taken into account in the field of raiderism. The typology of modern raiders includes the possibility of the existence of several types, where there are 4 main types with mainly typological features.
{"title":"Mūsdienu reiderisma tiesiskais konteksts","authors":"Jānis Joksts","doi":"10.25143/socr.22.2022.1.138-149","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.138-149","url":null,"abstract":"Raiderism typology is the classification of objects or phenomena according to certain common (type) features. The typology, as a method of cognition, helped the author to perform the analysis, revealing the quintessence or set of transactions of the respective raider as a transaction between legal entities, aimed at implementation of suspicious and illegal transactions with the intention of gaining self-interest. Within the essence of the raiderism typology, the author focused on the main features of that, which allows summarising the obtained research results, achieved and revealed the type of raiders found in Latvian conditions and which should be taken into account in the field of raiderism. The typology of modern raiders includes the possibility of the existence of several types, where there are 4 main types with mainly typological features.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073419","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.22.2022.1.053-061
Ē. Krutova
People disappear for different reasons: someone avoids legal proceedings or punishment, another one has been kidnapped or killed, lost, or someone else wants to start their life again elsewhere. The aim of this publication is to evaluate the procedure of search for persons, providing an insight into the legal basis for starting search at a national level and describing the conditions for search for persons outside the borders of Latvia. In order to implement the intended, the author evaluates national and international legal norms that affect the process of searching for persons, describes possible problems and provides recommendations for their solution. Incorrect understanding and application of legal norms creates violations of rights. Respect for the rule of law, on the other hand, is a precondition for respect for human dignity, freedom, democracy, equality, and human rights. In performing the set tasks, the author used analytical, comparative, descriptive methods. The study has led to conclusions that at a national level it is possible to initiate search for a person for various purposes within the framework of criminal proceedings, operational activities, administrative offence proceedings, and resoric test. However, the inclusion of data in the SIS is allowed only in the framework of criminal proceedings and operational activities. National regulations should provide for procedure for the implementation of Regulation 2018/1862 alerts for the purpose of “travel ban”. The imprecise legal provisions need to be improved to facilitate cooperation at a national and international level.
{"title":"Search for Persons in Latvia and Abroad","authors":"Ē. Krutova","doi":"10.25143/socr.22.2022.1.053-061","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.053-061","url":null,"abstract":"People disappear for different reasons: someone avoids legal proceedings or punishment, another one has been kidnapped or killed, lost, or someone else wants to start their life again elsewhere. The aim of this publication is to evaluate the procedure of search for persons, providing an insight into the legal basis for starting search at a national level and describing the conditions for search for persons outside the borders of Latvia. In order to implement the intended, the author evaluates national and international legal norms that affect the process of searching for persons, describes possible problems and provides recommendations for their solution. Incorrect understanding and application of legal norms creates violations of rights. Respect for the rule of law, on the other hand, is a precondition for respect for human dignity, freedom, democracy, equality, and human rights. In performing the set tasks, the author used analytical, comparative, descriptive methods. The study has led to conclusions that at a national level it is possible to initiate search for a person for various purposes within the framework of criminal proceedings, operational activities, administrative offence proceedings, and resoric test. However, the inclusion of data in the SIS is allowed only in the framework of criminal proceedings and operational activities. National regulations should provide for procedure for the implementation of Regulation 2018/1862 alerts for the purpose of “travel ban”. The imprecise legal provisions need to be improved to facilitate cooperation at a national and international level.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072516","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.22.2022.1.033-042
A. Lytvynenko, T. Jurkeviča
Relationships between patient and physician did not possess a clearly-established form until the late 19th century, being primarly based upon a reciprocal trust. In terms of contemporary civil law, relationship between the patient and the physician or a hospital is based upon a contract for medical services. Thus, liability of the physicians for negligence within exercising their duties is either based on contract (in case such contract is concluded by the parties), or on tort (when there is no such contract). This study discusses freedom of contract with the focus of the patient’s informed consent as a part for a contract for medical services between the patient and a physician or a hospital. The aim of this article is to discuss doctrinal views of patient-physician relationships and the informed consent as an inalienable part of a contract for medical services.
{"title":"Freedom of Contract and Informed Consent as Part of Contract for Healthcare Services","authors":"A. Lytvynenko, T. Jurkeviča","doi":"10.25143/socr.22.2022.1.033-042","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.033-042","url":null,"abstract":"Relationships between patient and physician did not possess a clearly-established form until the late 19th century, being primarly based upon a reciprocal trust. In terms of contemporary civil law, relationship between the patient and the physician or a hospital is based upon a contract for medical services. Thus, liability of the physicians for negligence within exercising their duties is either based on contract (in case such contract is concluded by the parties), or on tort (when there is no such contract). This study discusses freedom of contract with the focus of the patient’s informed consent as a part for a contract for medical services between the patient and a physician or a hospital. The aim of this article is to discuss doctrinal views of patient-physician relationships and the informed consent as an inalienable part of a contract for medical services.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072657","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.24.2022.3.119-139
K. Zariņš
Belatedly, this work is dedicated to prof. Max Weber’s (hereinafter – Weber) commemoration day of the centenary and focuses on the sociological understanding of the state and canon law. In order to better examine Weber’s views on the economic ethics of religion, human rights will also be examined in comparison – as a factor of interaction between opposites and sets of views – as they better identify Weber’s asceticism about the spirit of norm Protestantism. On the other hand, in a conventional discourse and a review of the theory of social stratification, through the so-called theory of degrees and directions of rejection, the essence of Weber’s idea will be best understood by examining how religion influenced formation of contemporary law and approach to contemporary law comparing it with the constitutional system of Latvia, among others. The article has been designed with a view that, by observing peculiarities of the era of Weber’s lifetime, the work would have a more modern character. Wherever in this study it is referred to purely legal dogmatic problems, the author has relied on the literature on the history of the church and law and to some extent on the past of the dogmas formed by it. Furthermore, the author mostly relies on materials obtained from Weber’s law sociological argumentation and comparative perspective, which serves to clarify the typology of the sociology of religion. To the extent possible, the author also delves into the primary sources of the history of law; due to their linguistically specific style of expression and peculiarities, in accordance with the objective to study Weber’s views on the socio-historical genesis of the state and canon law and their nature, which includes looking into canonical norms for the sociological understanding of law, textual identification of primary sources is not examined in more detail. However, the most important ideas expressed in Weber’s works are compared with those of other prominent representatives of this field. Therefore, in the part of normative analysis of law codification, the author focuses on analysis of the social environment of law and church law, instead of their general scope, and the work is mainly based on the ideas of the outstanding sociologist Weber and theses of the concepts created by him, preserving the style of thought expressed in Weber’s main text and means of expression. For those who are familiar with the most important works of canon law, including church law, the part of the material analysis of the norms could be new precisely from the point of view of this work, and the specifics of the analysis included, namely, this legal discipline is examined through Weber’s studies, works of other researchers and novelties about law as well as the place of sociology of religion found in these works. Keywords: church, sociology of religion, canon law, sociology of law, religious law, legal norm, ideal norm, legal phenomenon, iure divinum, lex nature, conventional nor
{"title":"Legal Doctrine of Max Weber’s Sociology of Religion","authors":"K. Zariņš","doi":"10.25143/socr.24.2022.3.119-139","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.119-139","url":null,"abstract":"Belatedly, this work is dedicated to prof. Max Weber’s (hereinafter – Weber) commemoration day of the centenary and focuses on the sociological understanding of the state and canon law. In order to better examine Weber’s views on the economic ethics of religion, human rights will also be examined in comparison – as a factor of interaction between opposites and sets of views – as they better identify Weber’s asceticism about the spirit of norm Protestantism. On the other hand, in a conventional discourse and a review of the theory of social stratification, through the so-called theory of degrees and directions of rejection, the essence of Weber’s idea will be best understood by examining how religion influenced formation of contemporary law and approach to contemporary law comparing it with the constitutional system of Latvia, among others. The article has been designed with a view that, by observing peculiarities of the era of Weber’s lifetime, the work would have a more modern character. Wherever in this study it is referred to purely legal dogmatic problems, the author has relied on the literature on the history of the church and law and to some extent on the past of the dogmas formed by it. Furthermore, the author mostly relies on materials obtained from Weber’s law sociological argumentation and comparative perspective, which serves to clarify the typology of the sociology of religion. To the extent possible, the author also delves into the primary sources of the history of law; due to their linguistically specific style of expression and peculiarities, in accordance with the objective to study Weber’s views on the socio-historical genesis of the state and canon law and their nature, which includes looking into canonical norms for the sociological understanding of law, textual identification of primary sources is not examined in more detail. However, the most important ideas expressed in Weber’s works are compared with those of other prominent representatives of this field. Therefore, in the part of normative analysis of law codification, the author focuses on analysis of the social environment of law and church law, instead of their general scope, and the work is mainly based on the ideas of the outstanding sociologist Weber and theses of the concepts created by him, preserving the style of thought expressed in Weber’s main text and means of expression. For those who are familiar with the most important works of canon law, including church law, the part of the material analysis of the norms could be new precisely from the point of view of this work, and the specifics of the analysis included, namely, this legal discipline is examined through Weber’s studies, works of other researchers and novelties about law as well as the place of sociology of religion found in these works. Keywords: church, sociology of religion, canon law, sociology of law, religious law, legal norm, ideal norm, legal phenomenon, iure divinum, lex nature, conventional nor","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073891","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}
Pub Date : 2022-01-01DOI: 10.25143/socr.22.2022.1.100-113
V. Upeniece
The international regulation (United Nations Universal Declaration of Human Rights) stipulates that everyone has the right to freedom of thought, conscience and religion and that this right includes freedom to change their religion or belief and freedom to manifest their religion or belief. The U.N. Human Rights Committee concluded that the right to conscientious objections could be derived from Article 18. Article 9 of the European Convention on Human Rights also extends to the cases of the opposition to military service. In Latvia the question of conscientious objection was regulated in the Alternative Service Law which expired in 2007 when the compulsory military service was completely abolished. Since then, the question about the conscientious objection to the military service has not been directly regulated in the national normative acts and has not also been raised in the courts of Latvia. In 2021, the Supreme Court of the Republic of Latvia heard the case about the refusal to be a reserve soldier and to perform service in the National Armed Forces’ reserve on the ground of the pacifist beliefs of the applicant. This case revealed the lack of legal tools in Latvian military service regulations to respect the human rights mentioned therein. The purpose of the article is to propose the possible solutions to the identified gaps in Latvian regulation by analysing the international and national regulation, other countries’ experience and judgments of the European Court of Human Rights. The historical, analytical, systemic and teleological method has been used in the preparation of article.
{"title":"Right to Conscientious Objection to Military Services: International to National Perspective","authors":"V. Upeniece","doi":"10.25143/socr.22.2022.1.100-113","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.100-113","url":null,"abstract":"The international regulation (United Nations Universal Declaration of Human Rights) stipulates that everyone has the right to freedom of thought, conscience and religion and that this right includes freedom to change their religion or belief and freedom to manifest their religion or belief. The U.N. Human Rights Committee concluded that the right to conscientious objections could be derived from Article 18. Article 9 of the European Convention on Human Rights also extends to the cases of the opposition to military service. In Latvia the question of conscientious objection was regulated in the Alternative Service Law which expired in 2007 when the compulsory military service was completely abolished. Since then, the question about the conscientious objection to the military service has not been directly regulated in the national normative acts and has not also been raised in the courts of Latvia. In 2021, the Supreme Court of the Republic of Latvia heard the case about the refusal to be a reserve soldier and to perform service in the National Armed Forces’ reserve on the ground of the pacifist beliefs of the applicant. This case revealed the lack of legal tools in Latvian military service regulations to respect the human rights mentioned therein. The purpose of the article is to propose the possible solutions to the identified gaps in Latvian regulation by analysing the international and national regulation, other countries’ experience and judgments of the European Court of Human Rights. The historical, analytical, systemic and teleological method has been used in the preparation of article.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072665","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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