The authoress questions the historiographic dogma that, tracing back to F.W. Maitland, gave the pure «Englishry» of English law for granted, thus building its history on its exceptionality with respect to European tradition, from which it would not have been contaminated at all. The Anglo-Saxon historiographical analysis of the most important English constitutional document aims at answering to the provocative question: how English is Magna Carta? What role did jus commune play in its drafting? What is its relationship (...) with contemporary Roman Canon law? Through the examination of its cultural roots, the essay shows not only the substantial influence of Roman Canon law on Magna Carta, but also, more generally, the affinities and the common elements that characterize in principle the relationship between English juridical tradition and the continental one. (shrink)

Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to (...) be apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England. (shrink)

Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter (...) states: A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence. (shrink)

One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the (...) first document signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia. (shrink)

ABSTRACT Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It (...) applies the concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health. (shrink)

Dans L’Histoire d’Angleterre, Hume consacre de nombreuses pages aux événements qui conduisirent à la rédaction de la Grande Charte et aux remous qui en résultèrent. Certes, il ne s’agit pas de faire de ce texte une sorte de contrat qui aurait régi la vie politique anglaise pendant plus de cinq siècles. La conception contractualiste que les Whigs ont de l’histoire ne saurait tirer argument d’un tel document ; mais l’événement ne fut tout de même pas sans conséquences ; et il (...) se pourrait même que la vie politique, économique, sociale de l’Angleterre ait été davantage changée en profondeur par ce document que celle des Français par les rideaux de fumée dont Bentham fut le témoin lors de la rédaction des diverses Déclarations des droits de l’homme par les révolutionnaires français à partir de 1789. Jusqu’à la fin de sa vie, Bentham, qui n’est ni anti-républicain, ni anti-démocrate, comme a pu l’être Hume, prend au sérieux le texte de la Magna Carta dans laquelle il voit, mutatis mutandis, une sorte de modèle selon lequel les lois qui accordent les libertés pourraient être garanties aux citoyens : sans les fioritures ni la grandiloquence françaises, mais avec le maximum de précision qu’il convient d’accorder à leur rédaction. Le chiasme est étonnant : Hume est plus prompt que Bentham à dénoncer les fictions de la Grande Charte et de l’usage qu’il est possible d’en faire, alors que le spécialiste des fictions, voit dans la Grande Charte - qu’il aurait tout lieu de dénoncer à la suite de Hume - une source d’inspiration non négligeable pour écrire sérieusement des lois. (shrink)

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who (...) are governed. These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

The concept of Rule of Law is the cornerstone of the proper functioning of the judicial system in any modern democratic society. It is a basic concept of defined rights and liberties to all persons, which offers protection from arbitrary prosecution and incarceration. This principle was firstly stipulated by the instrument of Magna Carta and it is considered as a key principle for good governance in any modern democratic society. The development of the rule of law principle is (...) personified through the independence of the Judiciary as a third branch of government. The contemporary democratic societies are faced with many challenges upon which in order to protect their values of the democratic system, often limit the rights and liberties of persons. It is the role of the courts and the judicial system to stop these injustices and protect the individual from any form of liberty deprivation and rights limitations. Before the promulgation of the Magna Carta in 1215, the rule of law was perceived as a divine justice, distributed solely by the monarch or the king or in this case - King John of England. Magna Carta doesn't have iconic status only in the British Society, which is perceived as an instrument with special constitutional status and cited by many judges, lawyers and politicians, but in any modern democratic states as well. The author in this article examines the development of the concept of Rule of Law in the modern democratic societies under the influence of the Magna Carta, and how it is perceived as a guarantee of fair trial and trial by jury of any persecuted persons whether the severity of their crimes. (shrink)

Human rights were analyzed and described in many writings from older times. If we consider their fame and historical value, most important ones are: Great Charter of Freedoms of 1215, the Law on Rights of 1689, the Declaration of Independence of the United States of America and the Declaration of the Rights of Man and Citizen. In Chapter 1 of Magna Carta was described the freedom of religion – it established the freedom of the English church from state (...) interference. Today, implementation of this principle, challenges the communities to examine the part they might play in the development of a liberal democracy and to be part of the solution rather than part of the problem in internal and international relations. The restitution of the expropriated congregational properties – concretely of the Islamic Community of Macedonia remains open and can reflect the level of respect of human rights in general and religious and property rights in particular. The aim of this paper is to bring some facts on actual situation regarding the implementation of religious and related rights and discuss the way this principle has found its implementation in Macedonian legislations. Also this paper will seek to identify the problems that occur regarding these rights. (shrink)

Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit (...) property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well. (shrink)

The rules as we know today in modern societies have their base in the Magna Carta from 1215. In that time people declared that the rights of the king and nobles must be limited and that was the first step toward as we know today “democracy”. The rights incorporated in the Magna Carta defined the limits what a state can do and also set boundaries in order to achieve equality between the state and the individual. The (...) rights proclaimed with Magna Carta found their path in the French Revolution from 1789 as “Liberty, Equality and Fraternity” became symbol of democratic freedom and afterwards gave value in the conventions and other international instruments. The main purpose that was achieved with Magna Carta from today’s perspective is that the rules have been implanted in the conscience of people, so they learn to obey and practice them. The Magna Carta rights are integral part of international conventions and on that way they have been taken from the states on national level so they become inevitable incorporated segment of the constitution and the laws of states. Those rights have achieved their purpose, because 800 years after their proclamation, some of them are still on force and have been provided in the constitutions of many countries including the Western Balkan countries. The rights that derived from Magna Carta concerning the rule of law, independence of the judiciary, equality before the law and prohibition of discrimination are integral part of the Constitution of Macedonia which makes efforts for their implementation into practice – because contrary, words will be just words on paper and nothing else. (shrink)

This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to (...) show the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation. Having in mind that the principle of justice is closely linked to the principle of equity, because equity precedes justice, or more precisely, equity is considered a source of justice, this article seeks to articulate the essential distinctions between these two concepts by focusing on their methods, i.e. in their approach for putting the idea of equality into action. (shrink)

En este trabajo se da noticia del último libro del profesor de Derecho penal, Eduardo Demetrio (UCLM) y se inscribe su crítica al llamado "Derecho penal del enemigo de Jakobs en el marco del auge del populismo en general y del populismo punitivo en particular.

This article pretends to provide a reading of the Seventh Letter focused on the role that medical terminology plays in it. Leaving aside the unsolvable enigma of Plato’s authorship, the letter shows evident connections with fundamental topics from the “last” Plato, particularly in its political aspects. In many passages of the Seventh Letter, the figure of the philosopher as an educator appears covered with medical aspects, and the political situation is defined as a pathology that we must treat according to (...) a therapeutic methodology. (shrink)

This chapter examines Edmund Husserl’s notion of idea in the Kantian sense with the aim of clarifying the distinction between ideas and essences. In particular, the chapter focuses on the occurrences of the notion of idea in the Kantian sense in Ideas I, identifies its core features, and explains why the notion of idea should not to be conflated with the phenomenologically relevant notion of essence. The chapter then points to doubts about the givenness of ideas in the Kantian sense (...) and argues that, once the notions of essence and of idea are disentangled, those doubts have no bearing on whether essences merit a place within phenomenology. (shrink)

Edmund Husserl often characterizes essences and eidetic laws in normative terms. Many of his statements to this effect are however highly puzzling as they appear at odds with Husserl’s general understanding of normativity. In this paper I focus on this puzzle and I argue that we can reconcile most of the apparent tensions between these two dimensions of Husserl’s philosophical thought. In the first part of the paper, drawing on the contemporary literature on kinds of norms, I focus on Husserl’s (...) work on the varieties of normativity. I submit that, on his view, essences and eidetic laws are never intrinsically normative, and that not all essences and not all corresponding eidetic laws can function as norms for their instances. Crucially, however, I argue that, according to Husserl, essences and eidetic laws can function as norms for a range of the subject’s acts. In the second part of the paper I further examine this thesis, thus explaining in what sense Husserl thinks that essences and eidetic laws can have this function. I show that formal eidetic laws can engender deontic and evaluative norms for correct or rational judgments, evaluations, desires, and acts of the will. I also contend that material essences and material eidetic laws also have a normative function for judgments. I conclude that this shows how Husserl’s view makes room for norms that are not context-dependent or subjectively grounded. (shrink)

In this paper, I focus on Edmund Husserl’s analyses of the act of approval and the role he attributes to it in his ethics. I show that we can deepen our understanding of both if we rely on his critical reflections on Shaftesbury’s theory of affections in his lecture course Einleitung in die Ethik. The sections of this course devoted to Shaftesbury are the only place in Husserl’s later philosophical production where he addresses the need to clarify the nature of (...) approval from a phenomenological point of view and provides precise indications about the role that such emotions play in our life. I thereby examine Husserl’s criticisms of Shaftesbury’s account of reflective emotions, and I compare these criticisms with Husserl’s account of approval in the texts from the Konvolut über Billigung collected in the Studien zur Struktur des Bewusstseins. I argue that, according to Husserl, approval is an essential but not sufficient component in the pursuit of virtue. The upshot is that crucial parts of Husserl’s ethics come from a radical and original reworking of central notions of the early modern sentimentalist tradition. (shrink)

Les photos de ce portfolio ont été prises par Philippe Carta, Julien Goetz, Francis Guermann, Bernard Muscat et Michel Noirez. Projecteur et enrouleur 35 mm mobiles installés dans le vestibule de l’Opéra-Théâtre pour la projection de Moïse et Aaron – 24 mars 2011. Avant la projection de Moïse et Aaron, Jean-Marie Straub, debout face à l’écran de l’Opéra-Théâtre, vérifie la qualité de l’image et du son. François Narboni et Régine Palucci présentent Moïse et Aaron. A...

One way to conceptualize human life is to describe it as a process through which the biological body is progressively transformed into a psychological one through its mentalization and symbolization. This process occurs through the relational field, which begins with caregiver-infant proto-conversations and develops through adolescence into the ongoing complex interpersonal relational network we call society and culture. The essence and the problems of adolescents are intricately tied to the social and cultural contexts in which they experience life. Therefore, adolescence (...) cannot be understood if all the levels that it expresses are not taken into consideration. We identify three psycho-historical phases through which adolescence has changed in the past century: Oedipal; Narcissistic; and Post-narcissistic. In this last phase due to the psychological and historical failure of the narcissistic ideals, the ideal is mingling with the real in a wholly new way. This process has overturned Erikson's paradigm: identity, opposed and defined by a dichotomic otherness, must be transformed into a fluid integration of similarities and differences negotiated and developed through empirical interpersonal intersubjective experiences. This, in our perspective, is a possible key to understand the rapid change in the nature of consciousness, selfhood, and gendering in today's western world, together with some important psychopathological disorders which describe the new creative challenges of today's adolescents. (shrink)

Recent neuro-psychoanalytic literature has emphasized the view that our subjective identity rests on ancient subcortical neuro-psychic processes expressing unthinking forms of experience, which are “affectively intense without being known” (Solms and Panksepp, 2012). Devoid of internal representations, the emotional states of our “core-Self” (Panksepp, 1998b) are entirely “projected” towards the external world and tend to be discharged through instinctual action-patterns. However, due to the close connections between the subcortical and the cortical midline brain, the emotional drives may also find a (...) way to be reflected within an intrinsic self-referential processing, evident when the organism is not actively engaged with the external world. Thanks to such endogenous functioning, the core-Self emotional dispositions are not overtly executed, but they are organized within coherent dynamic mental structures, called “feeling-toned complexes” by C.G. Jung and “unconscious phantasies” by Melanie Klein. The intrinsic self-referential dynamism of the ‘brainmind’ originated from REM sleep arousal and then evolved in the resting-state activity of a complex of cortico-limbic midline brain structures (CMS), also called Default Mode Network (DMN). From our neuro-ethological perspective, it is sustained by an “introverted” SEEKING activity leading to the subjective exploration of internally constructed virtual scenarios. This “mind wandering” function, implicated in dreaming, fantasy processing, remembering and thinking, is the essence of the imaginative function and constitutes the first form of reflection, where intentions and drives gain a primordial form of conscious (but not self-conscious) representation. During postnatal development, this original (“archetypal”) imaginative function is slowly attuned in a relational “transitional” space and may be expressed first in non-verbal and eventually in abstract-verbal social communicative patterns. Our view has noticeable implications for psychotherapy. Instead of trying to directly modify interpersonal, extrinsic relationships (a top-down approach), dysfunctional emotional-relational patterns may be modified by a process in which the patient is helped to let-go of the perceived feeling-objects in favor of an immersion, via the actual feeling, from the superficial level of perception towards a void feeling-state, empty of images. Only starting from this “anoetic” feeling-state, the deep imaginal creative and re-structuring self-referential activity may be reactivated by a process of spontaneous imagination. (shrink)

Criticising judges : fair game or off-limits? -- Academics and judges -- Are the judges too powerful? -- Magna Carta and compensation culture -- Does judicial review undermine democracy? -- Liability of public authorities in negligence -- The shifting sands of statutory interpretation -- Time to call it a day : some reflections on finality and the law -- The globalisation of law -- Recent developments in commercial law conference -- The contribution of construction cases to the development (...) of the common law -- What is wrong with human rights? -- Human rights in an age of terrorism -- Religion and the law : some current problems -- The extraterritorial application of the European Convention on Human Rights : now on a firmer footing, but is it a sound one? -- Magna Carta--liberties, customs, and the free flow of trade -- Delay too often defeats justice -- Magna Carta and religion -- Runnymede -- Advocates as protectors of the rule of law -- Litigators--survive and thrive -- The Jackson reforms and civil justice -- Sharpening the public gaze : advances in open justice in England and Wales -- Threats to justice in the twenty-first century -- Halsey 10 years on---the decision revisited -- Arbitration versus litigation -- Arbitration after Brussels I reform -- School speech day -- How my classical education has affected my life -- Valedictory -- Changes in the law in the last 50 years. (shrink)

What are the main learning difficulties or advantages encountered by students with learning disabilities within e-environments? As a result of the Covid-19 emergency, e-learning is being increasingly used to support students’ learning processes. A number of countries closed their schools altogether, so face-to-face lessons were and have been replaced by distance lessons. A search of current literature via Scopus, Eric and Google Scholar electronic databases was conducted according to Prisma Guidelines. Other sources of literature were also considered, starting from the (...) references in the full text of the articles consulted. We used the following search keywords: “LDs” combined with the “AND/OR” Boolean operator and “e-learning platforms,” “well-being,” “psychological factors,” “emotional distress,” and “self-regulation.” One body of literature highlights the lack of inclusive accessibility standards and a lack of attention to specific tools for addressing LDs, which causes students to develop high levels of stress/anxiety and emotional distress, in addition to low levels of well-being, self-esteem and self-efficacy. Another area of literature looks at how students can develop high levels of self-regulation and emotional awareness, as well as high levels of inclusion. Results are discussed in terms of the promotion of e-learning that focuses on the psychological well-being of students and teachers use of technological tools. (shrink)