Annales Universitatis Mariae Curie-Skłodowska. Sectio G, Ius, Jan 11, 2023
The Cultural Otherness of the Indians as a Just Cause of the Spanish Conquest of the Americas * K... more The Cultural Otherness of the Indians as a Just Cause of the Spanish Conquest of the Americas * Kulturowa odmienność Indian jako słuszny powód hiszpańskiego podboju Ameryki * The article was carried out within the research project VEGA no. 1/0202/22 titled "Theories of just war of the School of Salamanca scholars and their legacy in modern theories of just war and modern law of war" ("Teórie spravodlivej vojny učencov Salamanskej školy a ich odkaz v moderných teóriách spravodlivej vojny a modernom vojnovom práve"). 1 The complex theological and philosophical school known as the Spanish, Second or Late Scholasticism is often called the Salamanca School (Escuela de Salamanca) after its original centre,
The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a par... more The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a particular type of human behavior, having many concrete forms that the wider society perceived (and condemned) through certain concepts and that it sought to both prevent and suppress. The first part of the article deals with the reflections and forms of delinquency existing in Tenochtitlan and Texcoco. In the second part of the article the mechanisms of prevention and repression of delinquency are examined. Although the pre-Hispanic society existing in Tenochtitlan and Texcoco can be considered as a so-called shame culture, in the conclusion of the article it is suggested that it could be a shame culture, which over time has changed, to a certain extent, to a so-called guilt culture.
The aim of the study is to point out the fact that the evolution of human society is accompanied ... more The aim of the study is to point out the fact that the evolution of human society is accompanied by constant wars, which demanded a response to its existence also at the level of socio-legal philosophy. It deals with this issue from a legal, moral, and ethical point of view, which, in this case, are basically intertwined in the concept of a just war. Its roots go back to antiquity, and it is also a part of modern war law and philosophy. A relatively significant shift in this concept occurred precisely in the Middle Ages because of Christian wars, or under the influence of medieval teachings. This development continued in the early modern period in connection with the colonization of America. Therefore, in this study, we will focus on the views of Thomas Aquinas (as a representative of the High Middle Ages and scholasticism) and Francisco de Vitoria (as a representative of the Early Modern Age and the School of Salamanca). This topic is even more relevant because nowadays theories of...
The paper briefly deals with the process of transformation of the monarchy into a republic in anc... more The paper briefly deals with the process of transformation of the monarchy into a republic in ancient Rome, the key event of which was the expulsion of the last king from Rome. The authors of the article show that this act was not an illegitimate coup or an anti-state crime (high treason), but the removal of a tyrannical king by an aristocracy that was – in her view –legitimate. At the same time, the authors show that the transition from the monarchical to the republican form of government was relatively smooth, while the royal office in the form of two important offices (rex sacrorum, interrex) persisted in the republic.
The present paper is a review essay focused on the book – scientific monograph Critical Constitut... more The present paper is a review essay focused on the book – scientific monograph Critical Constitutionalism: Ideas for Constitutional Transition in the Post-COVID-19 Era written by Mexican legal scholar Diego Valadés in year 2021. The book is a brief but incisive analysis of how Mexico (mis)managed the global COVID-19 pandemics. The author showed that many actions and measures taken by the Mexican State during the state of emergency declared due to the COVID-19 pandemics were problematic for various reasons, both constitutional/legal and extraconstitutional/extralegal ones, and resulted from long-term, serious and complex shortcomings of the Mexican political system, primarily based on the Mexican Federal Constitution of 1917 and related federal legislation. However, the author’s criticism of the Mexican constitutional/political system is constructive, as he makes useful suggestions to overcome (or, at least, to reduce) its shortcomings throughout the book.
Reviewing the scientific monograph Šavelková, Lívia, Jana Jetmarová and Tomáš Boukal, eds.: Indig... more Reviewing the scientific monograph Šavelková, Lívia, Jana Jetmarová and Tomáš Boukal, eds.: Indigenous Peoples and Globalization.
The paper briefly deals with the process of transformation of the monarchy into a republic in anc... more The paper briefly deals with the process of transformation of the monarchy into a republic in ancient Rome, the key event of which was the expulsion of the last king from Rome. The authors of the article show that this act was not an illegitimate coup or an anti-state crime (high treason), but the removal of a tyrannical king by an aristocracy that was – in her view –legitimate. At the same time, the authors show that the transition from the monarchical to the republican form of government was relatively smooth, while the royal office in the form of two important offices (rex sacrorum, interrex) persisted in the republic.
The article deals with pre-Hispanic Nahua slavery. Based upon an examination of Nahua perception ... more The article deals with pre-Hispanic Nahua slavery. Based upon an examination of Nahua perception of slavery/slaves, Nahua forms of slavery (apart from the slaves destined for sacrifice there were slaves destined for work) and the social and legal position of Nahua slaves (destined for work) the author concludes that the Nahua institution traditionally called “slavery“ is different from its counterparts known from the history of Occident. Except for slaves destined for sacrifice to the gods which are discussed only briefly in the article, the Nahua slaves (i.e. the slaves destined for work) had a certain degree of personal freedom and certain rights. Becoming a slave at birth was possible only exceptionally and the enslavement of persons was in many cases (even if not in all cases) only temporary. The treatment of Nahua slaves – compared to the living conditions of their counterparts in many other world cultures – was significantly better, more humane. This can be seen from the fact ...
The paper briefly deals with the importance of knowledge of the prehistory as well as the possibi... more The paper briefly deals with the importance of knowledge of the prehistory as well as the possibility of the existence of a law in the prehistory and the overall nature of such a law, both in a general perspective and in the light of the scientific monograph Prehistory of Law by José María Ribas Alba. From the analysis of this book contained in the paper, it is clear that the book has a significant contribution to the legal science and legal history, since: 1. it proves quite convincingly the existence of a certain law in the prehistoric society; 2. it systematically reconstructs the features, forms and development of this law; and 3. it relatively sufficiently verifies the hypothesis that elements of prehistoric law are legal universals, having, at least to some extent, universal (all-mankind, panhuman, global) and timeless character, and, therefore, in the context of the legal (social, cultural) evolution of mankind can be considered for a kind of analogy of the genes involved in its biological evolution.
The article deals with contents, as well as social contexts and functions of sixteen laws enacted... more The article deals with contents, as well as social contexts and functions of sixteen laws enacted by Motecuhzoma Ilhuicamina or Motecuhzoma I, the fifth ruler (ruled ca. 1440-1460 AD) of a pre-Hispanic city-state Tenochtitlan, the principal capital of the Aztec Empire. The author also focuses on the problem of Motecuhzoma I´s laws´ factual enforcement and discusses its possible limits. The enactment of Motecuhzoma I´s laws was an important part of state formation process in Tenochtitlan. These laws reinforced the internal hierarchy of Tenochtitlan society and the privileged social position of a tiny ruling class (ruler, nobles by birth, merited non-noble warriors and their quasi-noble descendants), particularly by excluding masses of ordinary people from the exercise of political power, as well as the acquisition, ownership and public display of the so-called “prestige objects”, which were markers of a higher social status (i.e. belonging to the ruling class). Further they establish...
The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a par... more The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a particular type of human behavior, having many concrete forms that the wider society perceived (and condemned) through certain concepts and that it sought to both prevent and suppress. The first part of the article deals with the reflections and forms of delinquency existing in Tenochtitlan and Texcoco. In the second part of the article the mechanisms of prevention and repression of delinquency are examined. Although the pre- Hispanic society existing in Tenochtitlan and Texcoco can be considered as a so-called shame culture, in the conclusion of the article it is suggested that it could be a shame culture, which over time has changed, to a certain extent, to a so-called guilt culture.
Annales Universitatis Mariae Curie-Skłodowska. Sectio G, Ius, Jan 11, 2023
The Cultural Otherness of the Indians as a Just Cause of the Spanish Conquest of the Americas * K... more The Cultural Otherness of the Indians as a Just Cause of the Spanish Conquest of the Americas * Kulturowa odmienność Indian jako słuszny powód hiszpańskiego podboju Ameryki * The article was carried out within the research project VEGA no. 1/0202/22 titled "Theories of just war of the School of Salamanca scholars and their legacy in modern theories of just war and modern law of war" ("Teórie spravodlivej vojny učencov Salamanskej školy a ich odkaz v moderných teóriách spravodlivej vojny a modernom vojnovom práve"). 1 The complex theological and philosophical school known as the Spanish, Second or Late Scholasticism is often called the Salamanca School (Escuela de Salamanca) after its original centre,
The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a par... more The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a particular type of human behavior, having many concrete forms that the wider society perceived (and condemned) through certain concepts and that it sought to both prevent and suppress. The first part of the article deals with the reflections and forms of delinquency existing in Tenochtitlan and Texcoco. In the second part of the article the mechanisms of prevention and repression of delinquency are examined. Although the pre-Hispanic society existing in Tenochtitlan and Texcoco can be considered as a so-called shame culture, in the conclusion of the article it is suggested that it could be a shame culture, which over time has changed, to a certain extent, to a so-called guilt culture.
The aim of the study is to point out the fact that the evolution of human society is accompanied ... more The aim of the study is to point out the fact that the evolution of human society is accompanied by constant wars, which demanded a response to its existence also at the level of socio-legal philosophy. It deals with this issue from a legal, moral, and ethical point of view, which, in this case, are basically intertwined in the concept of a just war. Its roots go back to antiquity, and it is also a part of modern war law and philosophy. A relatively significant shift in this concept occurred precisely in the Middle Ages because of Christian wars, or under the influence of medieval teachings. This development continued in the early modern period in connection with the colonization of America. Therefore, in this study, we will focus on the views of Thomas Aquinas (as a representative of the High Middle Ages and scholasticism) and Francisco de Vitoria (as a representative of the Early Modern Age and the School of Salamanca). This topic is even more relevant because nowadays theories of...
The paper briefly deals with the process of transformation of the monarchy into a republic in anc... more The paper briefly deals with the process of transformation of the monarchy into a republic in ancient Rome, the key event of which was the expulsion of the last king from Rome. The authors of the article show that this act was not an illegitimate coup or an anti-state crime (high treason), but the removal of a tyrannical king by an aristocracy that was – in her view –legitimate. At the same time, the authors show that the transition from the monarchical to the republican form of government was relatively smooth, while the royal office in the form of two important offices (rex sacrorum, interrex) persisted in the republic.
The present paper is a review essay focused on the book – scientific monograph Critical Constitut... more The present paper is a review essay focused on the book – scientific monograph Critical Constitutionalism: Ideas for Constitutional Transition in the Post-COVID-19 Era written by Mexican legal scholar Diego Valadés in year 2021. The book is a brief but incisive analysis of how Mexico (mis)managed the global COVID-19 pandemics. The author showed that many actions and measures taken by the Mexican State during the state of emergency declared due to the COVID-19 pandemics were problematic for various reasons, both constitutional/legal and extraconstitutional/extralegal ones, and resulted from long-term, serious and complex shortcomings of the Mexican political system, primarily based on the Mexican Federal Constitution of 1917 and related federal legislation. However, the author’s criticism of the Mexican constitutional/political system is constructive, as he makes useful suggestions to overcome (or, at least, to reduce) its shortcomings throughout the book.
Reviewing the scientific monograph Šavelková, Lívia, Jana Jetmarová and Tomáš Boukal, eds.: Indig... more Reviewing the scientific monograph Šavelková, Lívia, Jana Jetmarová and Tomáš Boukal, eds.: Indigenous Peoples and Globalization.
The paper briefly deals with the process of transformation of the monarchy into a republic in anc... more The paper briefly deals with the process of transformation of the monarchy into a republic in ancient Rome, the key event of which was the expulsion of the last king from Rome. The authors of the article show that this act was not an illegitimate coup or an anti-state crime (high treason), but the removal of a tyrannical king by an aristocracy that was – in her view –legitimate. At the same time, the authors show that the transition from the monarchical to the republican form of government was relatively smooth, while the royal office in the form of two important offices (rex sacrorum, interrex) persisted in the republic.
The article deals with pre-Hispanic Nahua slavery. Based upon an examination of Nahua perception ... more The article deals with pre-Hispanic Nahua slavery. Based upon an examination of Nahua perception of slavery/slaves, Nahua forms of slavery (apart from the slaves destined for sacrifice there were slaves destined for work) and the social and legal position of Nahua slaves (destined for work) the author concludes that the Nahua institution traditionally called “slavery“ is different from its counterparts known from the history of Occident. Except for slaves destined for sacrifice to the gods which are discussed only briefly in the article, the Nahua slaves (i.e. the slaves destined for work) had a certain degree of personal freedom and certain rights. Becoming a slave at birth was possible only exceptionally and the enslavement of persons was in many cases (even if not in all cases) only temporary. The treatment of Nahua slaves – compared to the living conditions of their counterparts in many other world cultures – was significantly better, more humane. This can be seen from the fact ...
The paper briefly deals with the importance of knowledge of the prehistory as well as the possibi... more The paper briefly deals with the importance of knowledge of the prehistory as well as the possibility of the existence of a law in the prehistory and the overall nature of such a law, both in a general perspective and in the light of the scientific monograph Prehistory of Law by José María Ribas Alba. From the analysis of this book contained in the paper, it is clear that the book has a significant contribution to the legal science and legal history, since: 1. it proves quite convincingly the existence of a certain law in the prehistoric society; 2. it systematically reconstructs the features, forms and development of this law; and 3. it relatively sufficiently verifies the hypothesis that elements of prehistoric law are legal universals, having, at least to some extent, universal (all-mankind, panhuman, global) and timeless character, and, therefore, in the context of the legal (social, cultural) evolution of mankind can be considered for a kind of analogy of the genes involved in its biological evolution.
The article deals with contents, as well as social contexts and functions of sixteen laws enacted... more The article deals with contents, as well as social contexts and functions of sixteen laws enacted by Motecuhzoma Ilhuicamina or Motecuhzoma I, the fifth ruler (ruled ca. 1440-1460 AD) of a pre-Hispanic city-state Tenochtitlan, the principal capital of the Aztec Empire. The author also focuses on the problem of Motecuhzoma I´s laws´ factual enforcement and discusses its possible limits. The enactment of Motecuhzoma I´s laws was an important part of state formation process in Tenochtitlan. These laws reinforced the internal hierarchy of Tenochtitlan society and the privileged social position of a tiny ruling class (ruler, nobles by birth, merited non-noble warriors and their quasi-noble descendants), particularly by excluding masses of ordinary people from the exercise of political power, as well as the acquisition, ownership and public display of the so-called “prestige objects”, which were markers of a higher social status (i.e. belonging to the ruling class). Further they establish...
The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a par... more The article focuses on the delinquency existing in pre-Hispanic Tenochtitlan and Texcoco as a particular type of human behavior, having many concrete forms that the wider society perceived (and condemned) through certain concepts and that it sought to both prevent and suppress. The first part of the article deals with the reflections and forms of delinquency existing in Tenochtitlan and Texcoco. In the second part of the article the mechanisms of prevention and repression of delinquency are examined. Although the pre- Hispanic society existing in Tenochtitlan and Texcoco can be considered as a so-called shame culture, in the conclusion of the article it is suggested that it could be a shame culture, which over time has changed, to a certain extent, to a so-called guilt culture.
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