Pub Date : 2023-10-31DOI: 10.14712/2464689x.2023.25
Peter Vyšný, Marek Prudovič
The aim of the study is to point out the fact that the evolution of human society is accompanied by constant wars, which demanded a response to its existence also at the level of socio-legal philosophy. It deals with this issue from a legal, moral, and ethical point of view, which, in this case, are basically intertwined in the concept of a just war. Its roots go back to antiquity, and it is also a part of modern war law and philosophy. A relatively significant shift in this concept occurred precisely in the Middle Ages because of Christian wars, or under the influence of medieval teachings. This development continued in the early modern period in connection with the colonization of America. Therefore, in this study, we will focus on the views of Thomas Aquinas (as a representative of the High Middle Ages and scholasticism) and Francisco de Vitoria (as a representative of the Early Modern Age and the School of Salamanca). This topic is even more relevant because nowadays theories of just war are no longer viewed only at the level of a harmless academic debate, but they are beginning to be more and more accentuated as tools serving specific goals of the time.
{"title":"Koncepcia spravodlivej vojny v stredovekej a rano-novovekej sociálno-právnej filozofii","authors":"Peter Vyšný, Marek Prudovič","doi":"10.14712/2464689x.2023.25","DOIUrl":"https://doi.org/10.14712/2464689x.2023.25","url":null,"abstract":"The aim of the study is to point out the fact that the evolution of human society is accompanied by constant wars, which demanded a response to its existence also at the level of socio-legal philosophy. It deals with this issue from a legal, moral, and ethical point of view, which, in this case, are basically intertwined in the concept of a just war. Its roots go back to antiquity, and it is also a part of modern war law and philosophy. A relatively significant shift in this concept occurred precisely in the Middle Ages because of Christian wars, or under the influence of medieval teachings. This development continued in the early modern period in connection with the colonization of America. Therefore, in this study, we will focus on the views of Thomas Aquinas (as a representative of the High Middle Ages and scholasticism) and Francisco de Vitoria (as a representative of the Early Modern Age and the School of Salamanca). This topic is even more relevant because nowadays theories of just war are no longer viewed only at the level of a harmless academic debate, but they are beginning to be more and more accentuated as tools serving specific goals of the time.","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135976964","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 : 2023-10-31DOI: 10.14712/2464689x.2023.26
Pavel Maršálek
The paper deals with the contribution of a prominent legal Romanist to the development of legal propaedeutics (introduction to the study of law). This author dedicated the introductory chapter of his textbook on private Roman law to legal propaedeutics. The paper examines how this text has stood up in comparison with the contributions of the author’s contemporaries, what has made it of timeless significance and, conversely, what within it has been superseded.
{"title":"Právní propedeutika v pojetí Leopolda Heyrovského","authors":"Pavel Maršálek","doi":"10.14712/2464689x.2023.26","DOIUrl":"https://doi.org/10.14712/2464689x.2023.26","url":null,"abstract":"The paper deals with the contribution of a prominent legal Romanist to the development of legal propaedeutics (introduction to the study of law). This author dedicated the introductory chapter of his textbook on private Roman law to legal propaedeutics. The paper examines how this text has stood up in comparison with the contributions of the author’s contemporaries, what has made it of timeless significance and, conversely, what within it has been superseded.","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977109","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 : 2023-10-31DOI: 10.14712/2464689x.2023.33
Ladislav Vojáček
Book review: Karel Engliš. Paměti. Kdo sloužíš vlasti, nečekej odměny. Brno – Praha: MU – Masarykův ústav a Archiv AV ČR, v. v. i., 2022, 598 s.
书评回忆录。为国效力，不求回报。布尔诺-布拉格：MU - Masaryk Institute and Archives of the CAS, v. v. i., 2022, 598 p.
{"title":"Karel Engliš. Paměti. Kdo sloužíš vlasti, nečekej odměny","authors":"Ladislav Vojáček","doi":"10.14712/2464689x.2023.33","DOIUrl":"https://doi.org/10.14712/2464689x.2023.33","url":null,"abstract":"Book review: Karel Engliš. Paměti. Kdo sloužíš vlasti, nečekej odměny. Brno – Praha: MU – Masarykův ústav a Archiv AV ČR, v. v. i., 2022, 598 s.","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977110","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 : 2023-10-31DOI: 10.14712/2464689x.2023.27
Leszek Ćwikła
The article revolves around Polish-Czechoslovak tourism relations between 1919 and 1939. The author analysed the legislation establishing solutions aimed to facilitate tourism on both sides of the border. The Tourism Convention drawn up in Prague on 30th May 1925 was of key importance in this regard. Attention was also paid to selected provisions of the Polish-Czechoslovak commercial conventions relevant to the development of tourism. The following part of the article examines passport and visa regulations governing departure from Poland to Czechoslovakia and arrival to Poland from Czechoslovakia. The author also studies the foreign exchange regulations that individuals entering Czechoslovakia for tourist purposes had to follow.
{"title":"Polish-Czechoslovak Cross-border Tourism between 1919 and 1939 in the Light of Polish Legislation","authors":"Leszek Ćwikła","doi":"10.14712/2464689x.2023.27","DOIUrl":"https://doi.org/10.14712/2464689x.2023.27","url":null,"abstract":"The article revolves around Polish-Czechoslovak tourism relations between 1919 and 1939. The author analysed the legislation establishing solutions aimed to facilitate tourism on both sides of the border. The Tourism Convention drawn up in Prague on 30th May 1925 was of key importance in this regard. Attention was also paid to selected provisions of the Polish-Czechoslovak commercial conventions relevant to the development of tourism. The following part of the article examines passport and visa regulations governing departure from Poland to Czechoslovakia and arrival to Poland from Czechoslovakia. The author also studies the foreign exchange regulations that individuals entering Czechoslovakia for tourist purposes had to follow.","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977112","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 : 2023-10-31DOI: 10.14712/2464689x.2023.24
Josef Vacek
The present paper focuses on the release proceeding of the serfs on the Chamber estates of Točník, Zbiroh and Králův Dvůr in the years 1670–1690, i.e. during the office of the governor Ignatius Sebastian de Bois. The process was controlled by both provincial regulations, such as the Renewed Provincial Ordinance, and overlord regulations, such as the instructions for the governor. However, the exact release proceeding has not yet been described, so the thesis attempts to shed light on the process that both the serfs and the overlords had to undergo in order to issue a letter of release. The thesis concludes with the hypothesis that the mechanisms described are applicable to other chambered estates in the second half of the 17th century. The basis of the thesis are microhistorical probes, which, in conjunction with a quantitative-qualitative approach, allow to capture both the overall picture of the release proceedings and its individual aspects in detail.
{"title":"Release Proceeding: the Zbiroh Manor Farm Estate in the Years 1670–1690","authors":"Josef Vacek","doi":"10.14712/2464689x.2023.24","DOIUrl":"https://doi.org/10.14712/2464689x.2023.24","url":null,"abstract":"The present paper focuses on the release proceeding of the serfs on the Chamber estates of Točník, Zbiroh and Králův Dvůr in the years 1670–1690, i.e. during the office of the governor Ignatius Sebastian de Bois. The process was controlled by both provincial regulations, such as the Renewed Provincial Ordinance, and overlord regulations, such as the instructions for the governor. However, the exact release proceeding has not yet been described, so the thesis attempts to shed light on the process that both the serfs and the overlords had to undergo in order to issue a letter of release. The thesis concludes with the hypothesis that the mechanisms described are applicable to other chambered estates in the second half of the 17th century. The basis of the thesis are microhistorical probes, which, in conjunction with a quantitative-qualitative approach, allow to capture both the overall picture of the release proceedings and its individual aspects in detail.","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977125","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 : 2023-10-31DOI: 10.14712/2464689x.2023.38
Lenka Dzúriková
Conference report
会议报告
{"title":"Zpráva o konferencii „Aktuální otázky právní úpravy cestovního ruchu VII.“","authors":"Lenka Dzúriková","doi":"10.14712/2464689x.2023.38","DOIUrl":"https://doi.org/10.14712/2464689x.2023.38","url":null,"abstract":"Conference report","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977303","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 : 2023-10-31DOI: 10.14712/2464689x.2023.39
Marek Starý
Conference report
会议报告
{"title":"Středověké a raně novověké soudnictví na XII. sjezdu českých historiků","authors":"Marek Starý","doi":"10.14712/2464689x.2023.39","DOIUrl":"https://doi.org/10.14712/2464689x.2023.39","url":null,"abstract":"Conference report","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977114","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 : 2023-10-31DOI: 10.14712/2464689x.2023.28
Ivana Bláhová
The paper deals with the legal aspects of the establishment of the so-called Greater Prague, i.e., the merger of neighbouring municipalities with the capital of the Czechoslovak Republic in 1922. The introduction briefly outlines the efforts to merge Prague with its suburbs dating from the mid-19th century until 1918. The following section focuses on the activities of the National Assembly on the establishment of Greater Prague. In addition to the establishment and the membership of the Greater Prague Committee, parliamentary papers related to the creation of Greater Prague are described and analysed. Parliamentary papers 719 and 1216, which included government bills to merge neighbouring municipalities and settlements into the City of Prague, a bill on elections to the Metropolitan Council and a bill on the organisation and powers of the Metropolitan Council and local committees, are discussed in detail. From a comparison of the government proposals, the amendments proposed by parliamentary committees and the text of the laws adopted, it is possible to deduce the general tendencies of the relationship between the state administration and local government at the beginning of the Czechoslovak Republic. The issues of financing the establishment and operation of the new capital of Czechoslovakia have not gone unnoticed.
{"title":"Ohlédnutí za Velkou Prahou","authors":"Ivana Bláhová","doi":"10.14712/2464689x.2023.28","DOIUrl":"https://doi.org/10.14712/2464689x.2023.28","url":null,"abstract":"The paper deals with the legal aspects of the establishment of the so-called Greater Prague, i.e., the merger of neighbouring municipalities with the capital of the Czechoslovak Republic in 1922. The introduction briefly outlines the efforts to merge Prague with its suburbs dating from the mid-19th century until 1918. The following section focuses on the activities of the National Assembly on the establishment of Greater Prague. In addition to the establishment and the membership of the Greater Prague Committee, parliamentary papers related to the creation of Greater Prague are described and analysed. Parliamentary papers 719 and 1216, which included government bills to merge neighbouring municipalities and settlements into the City of Prague, a bill on elections to the Metropolitan Council and a bill on the organisation and powers of the Metropolitan Council and local committees, are discussed in detail. From a comparison of the government proposals, the amendments proposed by parliamentary committees and the text of the laws adopted, it is possible to deduce the general tendencies of the relationship between the state administration and local government at the beginning of the Czechoslovak Republic. The issues of financing the establishment and operation of the new capital of Czechoslovakia have not gone unnoticed.","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135976961","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 : 2023-10-31DOI: 10.14712/2464689x.2023.29
Jakub Novák
This paper introduces the specifics of war marriages in the Czechoslovak Legions in Russia during the period of their involvement in the Russian Civil War. After a brief introduction to the historical context, it aims to describe the restrictions imposed on marriages for Czechoslovak legionnaires and their reasons which eventually led to a temporary total ban of war marriages within the Legion for several months after the 1st Convention of Czechoslovak army in the summer of 1918. The paper also explains why and under what conditions the marriages were later re-enabled, what the consequences of marrying without permission were and what legal means the army used to combat high numbers of illegal marriages within its ranks.
{"title":"Omezení sňatků v československých legiích na Rusi a jeho důsledky","authors":"Jakub Novák","doi":"10.14712/2464689x.2023.29","DOIUrl":"https://doi.org/10.14712/2464689x.2023.29","url":null,"abstract":"This paper introduces the specifics of war marriages in the Czechoslovak Legions in Russia during the period of their involvement in the Russian Civil War. After a brief introduction to the historical context, it aims to describe the restrictions imposed on marriages for Czechoslovak legionnaires and their reasons which eventually led to a temporary total ban of war marriages within the Legion for several months after the 1st Convention of Czechoslovak army in the summer of 1918. The paper also explains why and under what conditions the marriages were later re-enabled, what the consequences of marrying without permission were and what legal means the army used to combat high numbers of illegal marriages within its ranks.","PeriodicalId":386369,"journal":{"name":"PRÁVNĚHISTORICKÉ STUDIE","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977118","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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