Search

Published After
Published Before

Search Results

  • The Existence of Larvul Ngabal Law in the Life of the Kei Community
    81-97
    Views:
    248

    The legal status of larvul ngabal represents a customary legal system that serves as the fundamental framework governing the social, political, and cultural life of the Kei Islands community. This legal system functions not only as a normative regulatory framework but also as a repository of moral values and a mechanism for conflict resolution that has been passed down through generations. This study aims to examine the contemporary relevance of larvul ngabal within Kei society and explore the ways in which this customary legal system interacts with modern legal frameworks. Employing a qualitative methodology with a historical and cultural analytical approach, this research investigates the role of larvul ngabal law in shaping social structures, resolving conflicts, and preserving customary and cultural values. The findings reveal that larvul ngabal law continues to be a central pillar in maintaining social equilibrium within the Kei community, despite the increasing integration of positive law as part of the formal legal system. The seven principal articles within larvul ngabal law are categorized into three primary legal domains, namely nevnev (criminal law), hanilit (family law), and hawear balwirin (property law). This customary legal framework fundamentally asserts that blood symbolizes life, thereby designating violence and murder as grave offenses that necessitate resolution not only through state law but also through customary legal mechanisms. In instances of disputes or customary law violations, the Kei people predominantly favor resolution through customary legal assemblies rather than formal judicial proceedings, as customary law is perceived to be more culturally congruent and socially integrative. This research contributes to the scholarly discourse on customary law and socio-legal studies, offering insights into the continued significance of indigenous legal systems in fostering social cohesion, regulating communal interactions, and preserving traditional governance structures within indigenous societies at a global level.

  • Legal Sources in the Field of Special Education
    111-123
    Views:
    185

    This study presents the system of Hungarian and international legal sources from the perspective of special education. The publication focuses on those areas of special education service delivery where  the regulatory framework of legal sources can be illustrated through practical examples. Accordingly, the study examines the scope of legal sources applicable in Hungary in the following areas: (1) domestic legal sources, (2) international legal sources, (3) sources of the European Union law and (4) judicial practices with the character of legal sources.

  • Lucidum Intervallum and Criminal Responsibility: Assessing Mental Disorder in a Criminal Case in Debrecen, 1768-1769
    97-112
    Views:
    176

    This study in the history of criminal law examines a homicide case from the eighteenth-century legal practice of the Free Royal City of Debrecen that has not yet been explored in detail. Drawing on archival documents relating to the criminal proceedings initiated before the city’s magistracy in 1768, the study reviews the main phases of the process, reconstructs the arguments of the prosecution and the defence, and analyses how the defendant’s criminal responsibility was assessed in light of evidence indicating that he suffered from a mental disorder. Beyond clarifying the significance of the defendant’s mental state from a criminal law perspective, the case also provides an opportunity to explore the contemporary concept of lucidum intervallum in greater depth and to highlight evidentiary challenges associated with proving it in eighteenth-century criminal proceedings.

  • The Turbulent Years of the Greek Catholic Education System After 1989
    167-173
    Views:
    219

    The present study focuses on the revival of denominational education in Hungary after the nationalisation of schools in 1948.  It focuses on the decisive role played by Act IV of 1990, which created the legal and infrastructural conditions for the independent operation of denominational educational institutions. The law guaranteed freedom of religious belief and assembly, fostering the emergence of a pluralistic society that recognised the role of Churches in education. The analysis explores the relationship between social attitudes towards church schools and the political situation after the change of regime, and also examines the school takeovers in the Greek Catholic Metropolian Church. Surveys show that the reopening of church schools has received considerable public support, reflecting a nostalgic longing for pre-nationalisation educational values amid dissatisfaction with state education. At the same time, social divisions emerged, with some fearing the re-emergence of religious influence in education and others arguing for a greater role for the churches. The case study on the re-engagement of the Greek Catholic Church in education highlights difficulties such as funding and the need for consensus on educational values among stakeholders. The research draws on interviews with key figures in the Greek Catholic community and relevant literature to illustrate the nuanced dynamics at play during the transition period. Ultimately, this study contributes to our understanding of how historical context, legal frameworks and social attitudes shape contemporary educational policy in Hungary.

  • SOCIAL EXPECTATIONS IN THE CHOICE OF THE RIGHT EDUCATIONAL INSTITUTION
    35-47
    Views:
    267

    More than 1000 public educational institutions maintained by the church work in Hungary currently, therefore recently the denominational public education has turned into a current question again. The expansion can be originated for several reasons, to which as a starting point the law of 1990 may be considered which takes action on the freedom of conscience and religion. As a result of this since the change of the regime, the church has become a school maintainer, too, which means new challenges and continuously sets new expectations for it. Denominational schools as publicly financed institutions have to meet their educational mission with the states and the school selectors’expectations. Several researchers have examined the determinants of school selection on both international and national levels (Bell 2009, Denig et al. 2009, Dronkers 1995, Ferenc-Séra 2001, Kertesi 2014, Korzenszky 1997). We may presuppose that the school - as the device of social mobility - shows the opportunity for the child's prosperity in the parents' eye. The determinants of selecting a school may be changing in each country and age, yet there are factors that can be considered relatively constant like the residential area, the parents’ social status and educational level, their piety and cultural capital, their faith in the school as the device of social mobility, their image of the future and their knowledge on the opportunities of selecting a school. Furthermore, the content and coherence of the family may also be determined. We may assume that the motivation of the school users selecting either a denominational or a state or a foundation school can be different. Also, it can be probable that the school level –primary or secondary– influences the attitudes of school selectors.   The aim of the present study is both to show the results of a questionnaire empirical research conducted among students choosing schools maintained by the church, and by putting the results in an extended conceptional framework to find such social correlations that may help to recognise the expectations and scruples drawn to the churches as school maintainers.

  • RIGHT TO LIFE IN HUNGARY AND IN THE EU: THE EVER-TROUBLESOME ISSUE OF ABORTION
    83-90
    Views:
    684

    In relation to one of the human rights, right to life, most frequently there are, at least, two challenging fields might be brought up, one is death penalty, and the other is termination of pregnancy or abortion. If one intends to comprehend how abortion has been dealt with historically in the western legal tradition one must first come to terms with two quite different but interrelated historical trajectories, the ancient Judeo-Christian condemnation of prenatal homicide as a wrong justifying retribution; and, there is the juristic definition of "crime" in the modern sense of the word.

  • Equal Access to Education
    73-86
    Views:
    38

    This study analyzes access to education and public services for persons with disabilities in Hungary, with a particular focus on students with special educational needs (SEN), within the framework of the historical evolution of human rights generations. It provides a comprehensive review of the latest legal frameworks—including the Act on National Public Education (Nkt.), the Act on the Rights of Persons with Disabilities (Fotv.), and the Decree on Settlement Planning and Building Requirements (TÉK)—as well as the strategic directions of the National Disability Program (2026–2036). The author illustrates the progression from basic civil liberties and social security toward complex special education service delivery, emphasizing the critical role of the paradigm shift in achieving full-scale inclusion.