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• The Basic Thesis of the State Theory of Győző Concha: "Theory of Constitiution"

  133-160

  Tamás Vasas

  Views:

  283

  Győző Concha’s book “Politika”, published in 1895, is still relevant for the understanding of the theoretical problems in constitutional law. Thus, it is important to analyse the peculiar use of constitutional terms in his theory in order to understand his unique interpretation of the concept of the constitution and its relevance for political and legal philosophy.  The methodological goal of the research is to present the meaning of the concepts used by Concha, and to highlight their functional role. It is also an important question as to how Concha’s constitutional theory was incorporated into his political philosophy, and how these concepts are interpreted in today’s political and legal terminology. It is also the paper’s aim to “translate” Concha’s vocabulary and constitutional theory into the language used in 21st century constitutional theories, and to present and evaluate the relevance of his constitutional theory in understanding the current constitutional problems of political communities.

• A Philosophical Approach to Law

  11-22

  Bjarne Melkevik

  Paksy Máté(Translator)

  Views:

  154

  Bjarne Melkevik’s book is one of the best comprehensive treatments of legal philosophy currently available in Canada. First of all, the reader will find in the form of a long introduction a bookchapter translated into Hungarian, which is a general description of Melkevik’s jurisprudential views, provided by Mate Paksy. The chosen chapter organizes the reflexions on legal philosophy into three interrelated ques- tions. Melkevik’s first, thought-provoking question is as follows: why do we need legal philosophy? He views legal philosophy not as foundational legal scholarship, but mainly as an elucidation of public, reflexive argumentation on law which isn’t at

  odds either with an empirical methodology. The second question concerns whether studying legal philosophy is useful for lawyers. Here Melkevik endorses again a post-positivist position according to which both law and legal philosophy are essentially practical discourses. Though the third part of the paper is heavy with disciplinary boundary-drawing, which emerges from questioning the place of legal scholarship vis-à-vis other, more empirical branches of social sciences such as history or anthropology, Melkevik’s reflexions here are still inspired by a sort of Neo-Kantian legal philosophy and Habermas’ communicative ethics.

• Sustainability in Copyright Law

  40-61

  Edit Tomasovszky

  Views:

  170

  The aim of the paper is to give an overview of the pathfinding process of the copyright law, and of the European and Hungarian endeavors in favour of the sustainability of the copyright law via the copyright specific aspects of sustainability. It then aims to summarize the achievements of the harmonization process and draw attention to the goals to be achieved. The topic is approached from a cultural economic perspective. The main topic is described via historical and current aspects of the balance search of copyright law. the paper reviews the background of the development and current situation of copyright law from the point of view of philosophy and fundamental rights. With the analysis of the dynamism of economic and moral rights the paper outlines the necessity of parallelism of the two parts of copyright law. The examination of competitiveness of copyright law tends to highlight the inseparability of competitiveness and sustainability and emphasizes their development as being interlinked.