Vol. 4 No. 2 (2014)
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Editorial
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Editorial
7-9Views:317In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions (annotations). In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.
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Legal education in focus
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The recruitment of Law Students and Some elements of their Image of Profession
11-37Views:267In our treatise we have undertaken to characterize the speciality of strain of law students and some elements of their image of profession. The legalists traditionally occupy a middle-class position in the modern societies. Their high state and prestige succeed also profession-order characters that frequently go hand in hand with “natality order” procurer prestige.
From the possible components of the image of profession we examined three main topics. Firstly the motives of profession-selection, secondly the patterns of finding a job, and thirdly the main expectations on legal teaching. Generally, law students and graduates also have a strong linkage to
the fact that, not only the diploma, but the profession itself has a powerful charm. The patterns of finding a job show that graduates frequently occupy lower positions, than they expected.pdf (Hungarian)447 -
PhD Studies in Law in Hungary–Difficulties and Possibilities (Before the 9th Academic Year of Géza Marton Doctoral School of Legal Studies)
38-53Views:214In this study the authors (Gábor Kecskés as the secretary of Doctoral School of Legal Studies at István Széchenyi University and Sándor Szemesi as the secretary of Géza Marton Doctoral School of Legal Studies at Debrecen University) examine the legal framework concerning doctoral schools of legal studies in Hungary as well as the specialties (and realities) of Géza Marton Doctoral School at Debrecen University. One of the main purposes of this article is to salute the beginning of the 100th academic year at Debrecen University, additionally the article tries to introduce how doctoral schools can fulfil the continuously changing (more precisely, tightening) requirements of the Hungarian Accreditation Committee, taking into consideration the unwritten expectations as well as the general interests of the host universities and the doctoral school itself.
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Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research
54-61Views:178The German Council of Science and Humanities (Wissenschaftsrat) in 2012 published its study „Perspectives of Legal Scholarship in Germany. Current Situation, Analyses, Recommendations”. The recommendations are preceded by empirical and quantitative descriptions that provide information on the current situation of legal study and research in Germany. The document emphasizes the importance of cooperation between theoretical and practical part of the legal education. The report considers that students should acquire the ability of critical approach to legal prac- tice instead of memorising the substantive legal rules.
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Articles
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The EU Energy Efficiency Directive (EED) from an Environmental Law Perspective
63-87Views:495This paper will focus on the 2012/27/EU Energy Efficiency Directive (EED). Since the EED is a rather new legal act, its assessment from an environmental law perspective has been neglected in academic literature. Therefore, the next question automatically arises: does the new directive take steps to improve the EU regulations concerning energy efficiency? The EED undoubtedly took a step forward by providing legally binding frameworks for the reduction of energy consumption (instead of the previous political and non-binding energy efficiency goals) and has done this in an absolute way, which is the most important requirement from an ecological point of view. Beyond the special targets of the EED, there are several specific requirements that may play a significant role in the realisation of the EED’s targets. Among these, for instance the following is highlighted in this paper: establishing energy efficiency obligation schemes or adopting alternative policy measures; the 3% commitment of renovation regarding central government buildings; the obligation of energy audits regarding enterprises that are not small or medium-sized, etc. This paper concludes that, despite a few provisions of the directive meeting the ecological requirements, in reality, the regulation misses theoretical ground.
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Legal–Sociological Analysis of a Scottish Judicial Decision
88-104Views:213In this essay I have attempted to show the Scottish tradition of criminal law and attitudes of legal profession and the whole Scottish society about the crimes trough one case. This criminal case was held before the Scottish criminal appeal court in 1989, where for the first time, a man could be guilty under the Scottish law of raping his wife while the couple lived together. This was a point that could show the flexibility of Scottish law while the english law was either unwilling or unable to make a change.
This case shows us that the judges in Scotland claim to represent the social attitudes through legal devices but this representation is not almost uncountable because the courts attempt to operate within the basically conservative traditions. Parallel of the above mentioned the courts try to use the alternative histories of law and the voices of practical lawyers, legal doctrines through the conflicting interpretations in order to make right decisions.
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Discussion
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Textual Empiricism and Analytical Legal Doctrine: Legal Analysis Sub Specie Linguae
105-125Views:199In the article the author outlines the basics of a legal methodology (called textempiricism and analytical legal doctrine), which is consistently language-oriented and empirical. It rests on a relatively simple, seemingly obvious assertion: in order to qualify as scientific proposition, legal propositions need to correlate to authoritative legal texts as empirical linguistic facts. This stance defines the necessary starting point for and primary direction of legal research as well as the terms of legal theorizing, or the methodological foundations of the critique of general legal statements.
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Problems of textual empiricism
126-139Views:223In this paper the authors make some critical comments on Blutman László’s legal methodology. They argue for the claim that legal cases cannot be solved by applying the methods of natural sciences. Law is an interpretive social practice, therefore legal texts can have more than one equally justifiable interpretation which can be in conflict with each other. Correct legal decisions, especially in hard cases, are the result of resorting to the justifying principles and purposes of law and cannot be achieved by using ‘textual empiricism’ as a legal methodology.
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A Remark in Connection with Punishable Children: A Pro Futuro 2014/1. számához
140-143Views:183In the most recent issue of journal Pro Futuro a work was released about the criminal liability of minors, written by Anikó Pallagi. Several references are made by the author to my study, written about juvenile delinquency in Hungary eight years ago and published in the journal of Prosecutors (in Hungarian: Ügyészek Lapja). Unfortunately, she did it inaccurately as my statements and conclusions were misunderstood by her. The quoted statements are from the chapter, dealing with the problems of juvenile delinquency investigations and as a consequence they can be evaluated explicitly in the sphere of complex problems of investigations. the penalisation-depenalisation processes – beside the significant demographic changes – should not be disregarded when determining possible tendencies. I do emphasise that the change in the threshold values is just one of the possible means of penalisation. The statistical data series are to be analysed critically, the phenomenon of latency has to be considered as well.
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Reviews & Reports
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Recent Developments in Labour Law Liability
145-155Views:242This article is about the new labour law regulation (Act 2012/1.) in the field of liability for damages.
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Bibliography
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Collection of Annotated Bibliographies (2012. Nr. 2)
157-224Views:264An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2012.
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