scholarly journals Ochrona zamków oraz pałaców i dworów szlacheckich na Warmii i Mazurach – aspekty prawnokarne i kryminologiczne

2019 ◽  
pp. 239-259
Author(s):  
Joanna Narodowska ◽  
Maciej Duda

The authors of the paper disscuss the issues of conservation of the cultural heritage located in Warmia and Mazury region. Within the introductory issues, basic terms related to the subject matter are defined. The main part of consideration is devoted to description of the most valuable elements of the region’s material cultural heritage, such as castles, palaces and nobile manors. The particular attention is paid to presentation of pathological phenomena directed against monuments in the historical and contemporary perspective. A contrario the positive examples of revitalization of monuments of Warmia and Mazury are also pointed out. A dogmatic and legal analysis of the provisions of the law on conservation of monuments in the context of the destruction and damage of monuments are also made. The conclusions indicate the contemporary threats to the cultural heritage of the region and the possibilities of counteracting them.

2020 ◽  
Vol 151 (3) ◽  
pp. 45-66
Author(s):  
Marek Futyma ◽  
Wojciech Goryca ◽  
Zbigniew Mirowski

The law from June 22, 2011, later named as the law, about conducting the economic activities for production and trading of explosive materials, weapons, ammunition, and articles and technologies of military or police designation has been affected by many significant legal changes, both in the country and Europe, since the day of becoming effective. These facts were essential for launching a work on an updating or developing a new legislative act matched to current realities. The paper presents above all some important documents of both country and European origin which initiated some changes in currently binding matter of the Law. The main part describes the changes effected by the records of the new law which affect the performance of economic activity in domain of the subject matter, whereas the final part tries to assess the law by considering some wordings which were rejected at the stage of draft preparation and consultancies, but according to authors it would have been reasonable to include them in the law.


2002 ◽  
Vol 17 (4) ◽  
pp. 192-192
Author(s):  
Ian Winspur

I enjoyed Alice Brandfonbrener’s editorial “But I Didn’t Ask to Be a Lawyer” in the June 2002 issue of MPPA [MPPA 2002;17(2):57]. I understand and sympathize with her. Many physicians who, like her, are involved in these cases for altruistic reasons rather than pure commercial—-and I believe that this is more common in the world of performing arts medicine—-must find themselves in the same predicament. However, in the words of an eminent English lawyer, who qualified and practiced as a gynecologist before turning to the law, when considering medical and scientific evidence (or in many cases, including performers, non-scientific evidence!): “However scientific the subject matter of the claim and however recondite the evidence and the argument, the legal definitions must apply in a Court of Law; the problem for the lawyer is in making the scientist understand a totally different concept of proof required by the court.” Therefore physicians involved, whether altruistic or not, must understand the basis of these claims.


2021 ◽  
Vol 20 (3) ◽  
pp. 469-489
Author(s):  
Haris Jamil

Abstract The arbitral award in The “Enrica Lexie” Incident (Italy v. India) brings to the fore the issue of assigning a name to a case. To contextualise India’s contention regarding the name, The “Enrica Lexie” Incident, in this article, I outline the law and practice regarding assigning names to cases by different international judicial bodies (ICJ, ITLOS, WTO and PCA). Examining India’s objection to the name, I argue that the name of the case does not capture the subject matter of the dispute accurately and emanates from the mainstream view of international law. The name prioritises an Italian flagged vessel, owned by a company engaged in international commerce and navigating under the protection of the Italian navy, over a fishing vessel owned by private individuals. The name reinforces a state-centric view of international law in which the victims of the incident do not picture.


Author(s):  
Justine Pila ◽  
Paul L.C. Torremans

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.


Author(s):  
Torremans Paul

This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.


2019 ◽  
Vol 7 ◽  
pp. 227-244
Author(s):  
Kashiraj Pandey

I believe our cultural heritage has so much potential for creating new forms of knowing about the self, others, community, and environment while also revealing the interconnected spaces and realities that reside between cultures and people. The Nepalese heritage encompasses through a rich tradition of narratives in storying. For the purpose of present research, I composed two ethical dilemma stories and discussed them in classrooms with a critically reflective understanding of the subject matter where I utilised the local, lived contexts and characters from the Nepalese society. The results have shown that this study, with the use of ethical dilemma stories as a key tool to interact with the research participants, gave sufficient challenges and possibilities for transformative learning. Therefore, the aim of this paper is to explore the unification of my personal, professional, and cultural spheres that are focused on the importance of transformative learning using an autoethnographic methodology. The paper also tries to document my lived experiences through stories as the understanding of my own self, other selves, and cultures around me.


Author(s):  
Isabel González Ríos

<p align="justify">Este trabajo de investigación analiza las competencias que corresponden a la Administración estatal, autonómica y local en materia de protección y fomento del patrimonio histórico y cultural, prestando especial atención a las competencias municipales; para posteriormente centrarnos en el estudio de los instrumentos de protección del patrimonio histórico andaluz, el Catálogo General y el Inventario de Bienes Reconocidos, en los que aquellas competencias se proyectan. Así, nuestro objeto de estudio son los bienes que los integran, el procedimiento de inscripción y el régimen jurídico aplicable a los titulares o poseedores de los bienes inscritos. Y todo ello, analizando no solo la Ley de Patrimonio Histórico Andaluz de 2007, sino también, la normativa estatal relacionada y la jurisprudencia referente al tema.</p> <p align="justify"><b>This work of investigation analyses the competitions that correspond to the state Administration, regional and local in matter of protection and promotion of the historical and cultural heritage, loaning special attention to the municipal competitions; for later centre us in the study of the instruments of protection of the historical heritage of Andalusia, the General Catalogue and the Inventory of Recognized Goods, in which those competitions are projected . Like this, our object of study is the goods that integrate them, the procedure of registration and the applicable juridical diet to the headlines or possessors of the goods inscribed. And all this, analyzing, not only the Law of Andalusia Historical Heritage of 2007, but also the state rule related and the jurisprudence concerning the subject.</b></p>


The article states that the bar is a legal institution; stressed the need to instill high moral ideals for future lawyers; it is said that the development of the moral and ethical basis of the lawyer's activity is the subject of lawyer's ethics; noted that questions regarding the ethical principles of advocacy have been the subject of scholarly debate at various times; given the status quo, the subject matter of the study was identified; the role of ethical foundations for the profession of lawyer was determined and determined, the essence of the professional ethics of the lawyer as a whole, the specifics of the lawyer's ethics were investigated; determined that the basis of the lawyer's ethics, considered the moral aspects of the lawyer's activity, taking into account the norms of the current legislation of Ukraine and the Rules of Attorney's Ethics, proposals for improvement of the moral and ethical rules governing the lawyer's activity; it is argued that a lawyer's ethics is a kind of professional ethics of a lawyer; argues that the importance of advocacy ethics is important both in professional communication and at all times; identified the basic components of the legal profession; emphasized that the lawyer should always strive for moral self-improvement; noted the special role of the Rules of Attorney Ethics; The Law of Ukraine "On Advocacy and Attorney-at-Law", the Constitution of Ukraine in the Lawyer's Profession; noted the list of constituent characteristics of the legal profession in accordance with the existing normative documents regulating the said issue, which should not be defiled; it is considered that moral and ethical standards of behavior should be inherent in a person, because thanks to them, the latter will be able to do justly, so awareness of the importance of categories such as honor, dignity, responsibility, competence, conscience, professionalism, corporate ethics help the lawyer to create and maintain business reputation. Based on human considerations, the professional and psychological grounds that would interfere with the lawyer's professional duties include the following: underdeveloped speech, lack of professional knowledge, psychological instability, rudeness, aggressiveness, imbalance. Thus, the most important qualities that a lawyer should have are the following: honesty and integrity, integrity, ethics, modesty and self-criticism; principle and perseverance; moderation; respect for the law, the court and colleagues; lawyer's independence.


Author(s):  
René Glas ◽  
Jasper Van Vught ◽  
Stefan Werning

In this contribution, we outline Discursive Game Design (DGD) as a practice-based educational framework, explain how to use this design framework to teach game historiography, and report on findings from a series of in-class experiments. Using Nandeck, a freely available software tool for card game prototyping, we created sets of playing cards based on two game-historical datasets. Students were then asked to prototype simple games with these card decks; both playtesting and co-creating each other’s games in an ongoing quasi-conversational process between different student groups fostered discussions on, and produced alternative insights into, the complex notion of (Dutch) game history, canonization/selection and games as national cultural heritage. The article shows how DGD can be implemented to allow for students with little or no design background to actively ‘think through’ games about the subject matter at hand.


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