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• The Legal Status of Women in the Balkans from the 19th Century to the Present

  101-123

  László Heka

  Views:

  283

  One of the most important pieces of legislation in Serbian history was the Serbian Civil Code (SCC) of 1844, which remained in force for more than 100 years. It dates back to the time when the country was still part of the Ottoman Empire and survived the state law regimes of the Principality of Serbia, the Kingdom of Serbia, the Kingdom of Serbs-Croats and Slovenians and the Kingdom of Yugoslavia before being liquidated by socialist Yugoslavia in 1945. From the moment it was created, there had been serious criticism, such as that it was modelled on the Austrian civil code and thus did not correspond to Serbian legal-social relations, and so there was no indication that it would be a durable piece of legislation. In its 100-year history, most of the criticism concerned the discriminatory provisions on women. Mostly, the legal situation of married women was detrimental, as they had no capacity to act, and were represented by their husbands. Their proclaimed equality took place in 1946, but they actually received the same legal status as men in the late 20th century.

• Women at the Crossroads of Family and Employment Policies

  Sára Hungler

  Ágnes Kende

  Views:

  1335

  Labour market situation of young mothers highly depends on the convergence of family and employment policies. Since 2010 there have been important changes in the Hungarian policies in order to stimulate fertility and to enhance the female employment rate. In our research we combined legal and sociological methodologies to analyse the effect of these policies. We argue that Hungarian policy has been in a serious uphill struggle to find a balance between two contradicting principles: providing sufficient family allowances and maintaining labour market flexibility by weak protection of employees. This dichotomy of principles has led to an unsustainable employment policy and made women more vulnerable in the labour market. We suggest that the differences would be reconciled through labour reforms, measures concerning working time arrangements, part time work and protection against dismissal have to be revisited along with protection of fathers with young children.

• The Legal Status of Victims of Sexual Violence in International, European Union and Domestic Law

  Klaudia Viktória Zsiros

  Views:

  113

  The study describes the concept and the legal status of the victim of sexual violence in view of the fact that the definition of victim in criminal procedure law is not the same as the broader definition of victim used in criminology at domestic or international levels. The Me Too movement drew attention to a problem in 2017 that is still waiting to be solved years later: preventing and eradicating violence against women, as well as making the role of the victims during procedure and their legal options more effective. A brief, overview categorization of this legal situation shows what emerging tendencies can be discovered in the European Union’s legislative process nowadays, and based on these, what the problematic areas are in domestic law where change is needed.

• Legal–Sociological Analysis of a Scottish Judicial Decision

  88-104

  Zsolt Nagy

  Views:

  124

  In 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.