This paper analyzes how 'Jewishness' functions as a scapegoat for the apparently unbridgeable gap between spirit and matter in Hegel's social and aesthetic theory. If Hegel accuses 'the Jews' and 'Judaism' of inhabiting a radical divide between the empirical and the spiritual - a divide that coincides with the one between body and body politic - he follows the trajectory of Kant's opposition between autonomy and heteronomy. Kant's notion of freedom describes reason's transcendence of the material world, but this state (...) of autonomy paradoxically depends on the heteronomous force of legal power that enforces a 'Mine and Yours' ownership and property distinction. In Kant's account 'Jewishness' embodies a social way of life founded on superstition (Aberglaube) that enacts the opposite of autonomy and is heteronomously bound to objects of empirical reality, whereas the 'Mine and Yours' ownership and property distinction of a Kantian civil society teaches the foregoing of material goods, if contact with them violates positive law. Developing Kant's idealism, Hegel accuses 'the Jews' of making immediate being absolute. By conflating 'Jewishness' and materialism, Hegel excludes 'the Jews' from his idealist conception of the body politic. Key Words: anti-Semitism • autonomy • body • culture • dialectics • German idealism • Hegel • heteronomy • immutability • Kant. (shrink)

La 4e de couverture indique : "Dans cet ouvrage de référence consacré à une analyse approfondie du thème du consentement aux soins dans la pratique médicale, M.-F. Civil porte son regard de médecin et de philosophe sur les comportements de bon nombre de praticiens à l'heure actuelle plus ou moins soumis à la « mathématisation » de la médecine. Loin de se contenter d'un état des lieux complet de la question, il nous conduit pas à pas sur les chemins (...) d'une « éthique existentielle » tout à fait singulière, renvoyant à des situations pratiques de soins où délibérer avant d'agir et réfléchir à l'action déjà prise permet aux patients d'exprimer le sens donné à leur vécu dans le cadre de leur projet de vie immédiate ou future. Son approche très phénoménologique, aux côtés notamment de Heidegger et Husserl, ouvre la porte à un vaste chantier de réflexion pour tous ceux qui envisagent de se pencher sur la manière concrète d'être-au-monde en médecine comme souci pour soi et pour les autres. Ainsi ce livre interpelle les étudiants, les chercheurs, les professionnels de santé, mais également tous ceux qui ont été, ou seront, tôt ou tard, confrontés au problème du consentement.". (shrink)

Is copyright a property right? Common law and civil law jurists have debated that issue for over three centuries. It remains at the heart of battles over copyright’s scope and duration today, even if its import lies principally in the rhetorical force of labeling a right as "property," not in any doctrinal consequence flowing directly from that label. In parallel to their common law and civil law counterparts, presentday rabbinic jurists engage in lively debate about whether Jewish (...) law recognizes copyright as a property right. And, as in secular law but for different reasons, that issue has significant repercussions in Jewish law. As discussed in rabbinic court decisions and writings, whether Jewish law accords authors a right of ownership in their works impacts such issues as whether it is permissible, without license from the author or publisher, to copy and distribute software and sound recordings, perform music in wedding halls, make copies for private and classroom use, and download songs from the Internet. There are numerous, and at times profound, differences in the terminology, form of argument, doctrinal specifics, and overarching legal framework of Jewish and secular law. Nonetheless, the arguments within the Jewish law debate have some intriguing parallels with those of secular copyright law. In fact, one finds the direct, if largely unstated, influence of secular copyright just below the surface in the debate in Jewish law about whether copyright is property. (shrink)

Whyte chooses nine thinkers to illustrate this historical and evolutionary movement, including Heraclitus, Marx, and Freud, and the resulting vignettes are a synthesis of knowledge that suggest, as well, a reorientation of thought, feeling, and action for the future."--BOOK JACKET.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Increasingly, taxonomies are being developed and used by industry practitioners to facilitate information interoperability and retrieval. Within a single industrial domain, there exist many taxonomies that are intended for different applications. Industry specific taxonomies often represent the vocabularies that are commonly used by the practitioners. Their jobs are multi-faceted, which include checking for code and regulatory compliance. As such, it will be very desirable if industry practitioners are able to easily locate and browse regulations of interest. In practice, multiple sources (...) of government regulations exist and they are often organized and classified by the needs of the issuing agencies that enforce them rather than the needs of the communities that use them. One way to bridge these two distinct needs is to develop methods and tools that enable practitioners to browse and retrieve government regulations using their own terms and vocabularies, for example, via existing industry taxonomies. The mapping from a single taxonomy to a single regulation is a trivial keyword matching task. We examine a relatedness analysis approach for mapping a single taxonomy to multiple regulations. We then present an approach for mapping multiple taxonomies to a single regulation by measuring the relatedness of concepts. Cosine similarity, Jaccard coefficient and market basket analysis are used to measure the semantic relatedness between concepts from two different taxonomies. Preliminary evaluations of the three relatedness analysis measures are performed using examples from the civil engineering and building industry. These examples illustrate the potential benefits of regulatory usage from the mapping between various taxonomies and regulations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the (...) rite of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

Comparative Religious Law provides for the first time a study of the regulatory instruments of Jewish, Christian and Muslim religious organisations in Britain in light of their historical religious laws. Norman Doe questions assumptions about the pervasiveness, character and scope of religious laws, from the view that they are not or should not be recognised by civil law, to the idea that there may be a fundamental incompatibility between religious and civil law. It proposes that religious laws (...) pervade society, are recognised by civil law, have both a religious and temporal character, and regulate wide areas of believers' lives. Subjects include sources of law, faith leaders, governance, worship and education, rites of passage, divorce and children, and religion-State relations. A Charter of 'the principles of religious law' common to all three Abrahamic faiths is proposed, to stimulate greater mutual understanding between religion and society and between the three faiths themselves. (shrink)

This volume of collected essays by Michael Walzer seeks to bring a more concentrated focus on specifically Jewish outlooks regarding three key themes: "Political Order and Civil Society"; "Territory, Sovereignty, and International Society"; and "War and Peace.".

The role of Jewish activism in the transformative changes that have occurred in the West in recent decades continues to be controversial. Here I respond to several issues putatively related to Jewish influence, particularly the “default hypothesis” that Jewish IQ and urban residency explain Jewish influence and the role of the Jewish community in enacting the 1965 immigration law in the United States; other issues include Jewish ethnocentrism and intermarriage and whether diaspora Jews are (...) hypocritical in their attitudes on immigration to Israel versus the United States. The post-World War II era saw the emergence of a new, substantially Jewish elite in America that exerted influence on a wide range of issues that formed a virtual consensus among Jewish activists and the organized Jewish community, including immigration, civil rights, and the secularization of American culture. Jewish activism in the pro-immigration movement involved: intellectual movements denying the importance of race in human affairs; establishing, staffing, and funding anti-restrictionist organizations; recruiting prominent non-Jews to anti-restrictionist organizations; rejecting the ethnic status quo as a goal because of fear of a relatively homogeneous white majority; leadership in Congress and the executive branch. (shrink)

Israeli philosopher and public intellectual Eliezer Schweid offers his own bold reading, breaking with old stereotypes and challenging todays readers--both ...

My key argument will be that by shifting the debate over Jewish emancipation from the plane of theology, where it had been traditionally fought, to the plane of sociology, Marx was able to circumvent one of Bauer's main arguments against emancipating the Jews. Bauer had contended that as a religion of law, not of faith, Judaism was by its very nature a public creed. It was incompatible, therefore, with life in a free state, where religion could only be a (...) private matter. Marx chose to ignore this argument, treat Judaism as no different from Christianity, and focus his discussion on the nature of the state on the one hand and on the role played by the Jews in civil society on the other. This was less than a satisfactory response to Bauer's argument, but it enabled Marx to present a powerful case for emancipation while, at the same time, launching his critique of economic alienation. Thus, the philosophical advances made by Marx in On the Jewish Question were necessitated by, and integrally related to, his commitment to Jewish emancipation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Spinoza, Liberalism, and the Question of Jewish Identity by Steven B. SmithSteven NadlerSteven B. Smith. Spinoza, Liberalism, and the Question of Jewish Identity. New Haven: Yale University Press, 1997. Pp. xvii + 270. Cloth, $30.00.Steven B. Smith’s aim in this elegant, well-written book is to restore Spinoza to his important and rightful place in the history of political and religious thought. At the heart of the (...) book is a discussion of the central themes of the Theological-Political Treatise, with a good deal of attention given both to Spinoza’s other writings and to other political thinkers such as Machiavelli and Hobbes, as well as to the immediate historical situation in the mid-seventeenth-century Dutch Republic. But this is more than just a commentary on a work that for a long time has largely (and unjustly) been ignored by philosophers. Smith has a full appreciation of the radical nature of the Treatise, and uses it to bring out what is peculiarly fascinating about Spinoza’s religious and political ideas.According to Smith, it was Spinoza who first made the “Jewish Question”—the problem of how the Jews, after centuries of separation and ghettoization, can be granted admission to, and even assimilation into, the modern polity—central to reflection on the “theological-political problem,” that is, the problem of the place and role of religion in the state. Smith sees Spinoza’s solution to both problems in the process of secularization. Jews must, in order to become an integrated part of modern society, shed their ancient, traditional identity; Judaism has to be transformed from “an authoritative body of revealed law into what today would be called a modern secular identity” (xiii). The allegiance of Jews must be transferred from the Law to laws, from a life of halakhic (or Jewish legal) ritual to a life focussed on nonsectarian, civil and social duties. Particularism—and this would be true of all historical religious identities that will, ideally, be absorbed into the modern state—must be exchanged for universalism.Smith shows how Spinoza’s thinking on the Jewish question is intimately bound up with his particular political philosophy. He argues, in fact, that the Treatise represents the “first and most profound expression of the Jewish-liberal symbiosis that has survived to the present.” For the kind of polity that will make Jewish emancipation possible and foster the emergence of a modern, secular, nonparticularistic Jewish identity is the democratic, liberal state. But if liberalism, through its offer of toleration and participation, nourishes modern Judaism, it is no less true, Smith claims, that it has taken its own sustenance from Jewish traditions. Rabbinic Judaism, with its emphasis on law, has long served as a model for classical liberal thought.Spinoza himself is, in Smith’s eyes (although Smith is certainly not the first to suggest this) the “prototype” of the modern emancipated Jew, liberated from (and even critical of) religious tradition and authority. He is, in other words, the first “secular Jew.” Amsterdam, meanwhile, with its linked traditions of toleration and commerce, is the prototype of the modern, liberal society, one that both offers the conditions for Jewish emancipation and is ever vigilant against interference from ambitious religious authorities. Smith does not really take note of the fact that Dutch society in the Golden Age, with its rigid system of regent families controlling the all-important municipal governments, was far from democratic. And it seems to me misleading to speak of Spinoza as a “secular Jew.” Spinoza seems to have liberated himself—with a [End Page 321] little help from his congregation’s rabbis—not only from an orthodox conformity to Jewish traditions, but from any sense of Jewish identity whatsoever. Perhaps it might be more accurate to call Spinoza the “first secular citizen.”One of the more contentious claims of Smith’s book is his insistence that Spinoza’s Treatise contains an esoteric dimension, an intentionally hidden doctrine that only the most careful readers could ascertain. Part of the defense of this Straussian model is the identification of “deliberate contradictions” in the text. I, for one, do not see any esoteric doctrines in the Treatise; nor... (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

Dealing with major issues in Jewish biomedical law, this book focuses upon the influence of morality, the rise of patient autonomy, and the role played by scientific progress in this area of Jewish Law. The book examines Jewish Law in comparison with canon, common, and modern Israeli law.

This essay focuses on Judith Butler’s configuration in Parting Ways: Jewishness and the Critique of Zionism of sacred life from the mystical motifs that traverse Walter Benjamin’s writings as the pivot of an anti-identitarian ethics committed to non-violent resistance. To gain critical leverage on Butler’s post-secular stance, my analysis turns to Talal Asad’s ‘Redeeming the “Human” Through Human Rights’ chapter from Formations of the Secular, where he enunciates a disparity between a ‘pre-civil state of nature’ and the notion of (...) ‘inalienable rights’ that informs the subject’s rights under secular law. In underscoring the secular state’s inability or refusal to ascribe sacredness to ‘real living persons’ over and against ‘“the human” conceptualized abstractly, or imagined in a state of nature’ as presumed by natural law, Asad indirectly articulates what is at stake in Butler’s explication in Parting Ways of Benjamin’s ‘Critique of Violence’. In this context, Butler unpacks Benjamin’s remarks about the sixth commandment’s non-coercive disposition and the inner struggle its provisional applicability prompts. A conception of ‘sacred life’ crystallizes through Butler’s emphasis on the open-endedness of this struggle, which encourages us to abandon a solipsistic investment in our own suffering in the process of acknowledging its eternally transient rhythm. I argue that Butler supplements this motif by drawing upon Hannah Arendt’s grounding of the political in cohabitation. My contention is that while ‘sacred life’ forms the backbone of Butler’s affirmation of civil disobedience, Arendt empowers Butler’s ethics to transcend Benjamin’s Jewish-messianic melancholy by radicalizing the passivity that refracts it. (shrink)

This article argues that Hannah Arendt’s controversial essay “Reflections on Little Rock,” when situated within her analysis of Jewish assimilation, has an astute insight: racial integration and the decrease of the racial gaps in material inequality, without taking seriously the political project of building a world in common, only intensify racism in racist polities. This occurs because attempts to extend formal equality to the racially dominated give rise to the rule of racial common sense, a result of a clash (...) between the political structures of equality and the racial inequality practiced in quotidian interracial exchanges occurring in civil society. Though Arendt’s work on racism echoes criticisms of racial integration leveled by racial realist and pessimistic accounts of the Civil Rights struggle, her work points to a more expansive practice of “the political” that calls for the institutional design of formal politics as an important strategy against racism. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which (...) spans hundreds of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

This paper argues that an exchange between Paolo Prodi and Giorgio Agamben on the role of the sacred in European constitutional history can inform the study of early modern history of political thought. Prodi, in his history of the sworn oath (sacramentum), and Agamben, in his history of the curse (sacer esto) and the accursed, or outlaw (homo sacer), explored how these sacred threats and promises, though not purely legal expressions themselves, underpinned the legal order. Through a study of three (...) sixteenth-century legal humanists’ views of the Roman laws concerning these sacred oaths and curses (the sacratae leges), this paper describes a similar interest in exploring the connection between the sacred and the legal order. It concludes that the idea of the commonwealth in the sixteenth century was a complex of legal and para-legal techniques, symbols, and structures in addition to the more frequently studied restoration of classical virtue theory. This paper also provides an edition and translation of Guillaume Budé's discussion of the Roman law of banishment [D. 48.19.2], which was the first legal commentary to assemble the materials relating to the homo sacer. (shrink)

In this thought-provoking book, Eli Foster Ritter explores the relationship between moral and civil law, arguing that they are different aspects of the same fundamental system of justice. With insightful analysis and persuasive argumentation, Ritter challenges readers to reconsider their assumptions about the nature of law and the role it plays in society. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is (...) in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. Keywords: IVF-ET, Donum Vitae , civil law, France CiteULike Connotea Del.icio.us What's this?

This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a (...) cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors. (shrink)

Le Code civil français, premier code libéral et bourgeois d’Europe, passe, en raison de sa clarté systématique et de sa langue, pour un modèle de législation moderne. En outre, il eut une influence durable parce qu’il est resté en vigueur dans de nombreux pays d’Europe après la fin des conquêtes napoléoniennes. Pourtant, en comparaison avec d’autres codifications européennes et avec le droit coutumier de son temps, le Code français se caractérise, dans le droit conjugal et familial, par des règles (...) particulièrement rigides consolidant la domination masculine. L’article propose une analyse comparée de certains aspects du droit civil qui ont eu et ont encore un impact considérable sur la vie des femmes et sur l’histoire des mouvements féministes. Il se demande pourquoi les Françaises, qui se sont fait entendre plus tôt que d’autres dans leur lutte pour les droits des femmes qu’elles revendiquaient comme des droits humains, ont paradoxalement obtenu la reconnaissance de leur égale citoyenneté relativement tard (en 1944 seulement) par rapport aux autres pays européens. (shrink)

This paper provides an overview of the application of canon law to the administration of Catholic heahh care in the United States. It is divided into four sections. The first section provides a context for the role of canon law in the life of the Church. The second section considers the fundamental question of juridic personality in the Church. The third section delineates the predominant forms of organization that have hitherto been the main Church related institutions providing health care. The (...) fourth section considers the validity of the McGrath "independence" thesis conceming the continuing applicability of canon law to incorporated health care structures under U.S. civil law. The paper concludes with some practical considerations conceming the relationship between canon law and corporate structures. (shrink)

Biolaw is an autonomous interdisciplinary legal discipline, with great theoretical and practical relevance because of its possible social effects. This contribution deal with the most relevant different approaches to bioethical problems according to the main juridical systems, as they are civil law and common law. A main topic is also the relation between Biolaw, Bioethics and Biopolitics.

Perhaps more than most professions, law depends on a corpus of specialized terms of art that are familiar to the practitioners who use them regularly in legal contexts but less familiar to lay people. Apart from the importance of enhancing transparency and public access for a key domain, making legal terms understandable to non-professionals may be crucial when non-professionals are involved in legal processes, such as civil litigation. However, simplifying terms risks changing their meaning, while explaining them in plain (...) language entails the difficulty of assessing how much of the legal content lay people need or are prepared to know. An initial step to making legalese more understandable to non-lawyers is to evaluate what lay people actually understand by the terms they come across, and so this study compared the responses of lay participants when asked about key terms form the Japanese Civil Code with the definitions and explanations given by a legal expert. One of the key findings that emerged was that there is particular difficulty with terms that lay people have some understanding of because of their use in non-legal contexts. It will be argued that supplying some background in legal theory would help facilitate educating the public about the legal meaning of terms. (shrink)

The First World Congress on Evidential Legal Reasoning, organised by the Legal Culture Chair of the University of Girona, was held between June 6 and 8, 2018. The Congress was attended by 350 participants and featured 18 speakers from four continents. The three days of formal and informal presentations and discussions yielded excellent results, strengthening the interrelation between the legal communities and specialists of different traditions. The 18 papers from the Congress, reviewed by their authors based on the discussions and (...) the suggestions made at the Congress, have been compiled in this book. (shrink)

The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as (...) well. Thus, a legal analysis confined to the linguistic analysis of law would come to the conclusion that Lithuanian law functions without the accession. Nevertheless, a deeper analysis of the Lithuanian Civil Code and case law reveals a different view. To respond to the posed question, the article analyses the functions and the concept of accession as one of the aspects of a broader property law principle, namely, of unity. The essence of the latter is that one thing presupposes one right of ownership and it is inconceivable to hold several full ownerships into the same thing. In this respect, accession plays an important role protecting the legal interests of the third parties. Also, the application of accession in other continental European countries and the solutions proposed by the Draft Common Frame of Reference is analysed. Further, the analysis turns to the Lithuanian positive law and case law. In spite of the lack of express reference to the accession rule, careful analysis shows that, in fact, the accession rule is established in the Lithuanian Civil Code, albeit it could be found in various forms and in several different units of the Civil Code. Also, Lithuanian courts routinely apply the rules on accession in practice. Even more, the analysis shows that the Lithuanian Civil Code is not devoid of the rules of accession, but, on the opposite, this legal institute is over-regulated and, in part, incoherent. This quality can be explained as a consequence of an imprecise legal drafting. The final conclusion is drawn that accession is a separate and fully working legal institute of Lithuanian civil law, although to reach its coherent application a certain interpretative position should be adopted. (shrink)