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In the broadest sense, social sciences encompass society, human behavior, and its influence on the world. Social sciences help understand how society works, ranging from the causes of unemployment, economic growth, what makes people happy, and so on. The information it provides is vital for governments and policymakers, non-governmental organizations, and local authorities.

Social Sciences and Law

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Abstract

In light of the debates on the “feminisation of religion” that have animated historiography, during the Restoration one can distinguish two educational strategies towards the education of women. On the one hand, we can make out a symbolic system in which women, whether religious or married, fulfilled values that the male part of society seemed to deny or have forgotten. The same period, especially through the social action of the new religious congregations, saw an activity and a visibility that could not be attributed to a political dimension, but rather to a pre-political one. The relationship between women and the sacred conferred legitimacy on the reclusion of women, that is, the need for a confinement which constituted the physical and symbolic element of the continuity between the education given in monastic institutions and that of many nineteenth-century boarding schools for young women. Women's action outside the classroom belonged more to the sphere of the symbolic than to that of the useful, and, in any case, were founded on an essentially individual type of relationship.

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Abstract

The author analyses the education of aristocracy in Croatia and Slavonia from the late 18th century until 1918. Education played a vital role in the mindset and lifestyle of aristocracy, and in retaining its elite position in the political, social, cultural, economic and military aspect, to name just some. Aristocrats were trained to become the pillars of society, they had private tutors and teachers, and often finished the gymnasium but did not necessarily continue their schooling at a higher level. Reforms of enlightened absolutism, which opened career chances for lesser nobility and burghers and the rise of well-educated and economically successful modern middle class after 1848, forced the aristocracy to keep pace. However, it still preferred traditional studies of philosophy, law or, to a much lesser extent, theology and was losing its dominant role in the field of arts as well.

Open access

Case-based reasoning as a measure of constitutional adjudication

Remarks on the jurisprudence of the Hungarian Constitutional Court in defamation cases

Hungarian Journal of Legal Studies
Author:
Éva Boda-Balogh

Abstract

Case-based reasoning has high significance in constitutional adjudication. The constitutional courts of the Kelsenian model also follow their own previous decisions to develop their own case law, even if those decisions do not bind them formally. In the course of constitutional interpretation, to build coherent and predictable case law and determine constitutional principles and standards in a consistent way are also reasonable expectations of constitutional adjudication deriving from the rule of law. The paper analyses the case law of the Hungarian Constitutional Court from this perspective, regarding the criticism of public figures in defamation cases. It takes case-based reasoning as a measure of the case law of the HCC, reveals the tendencies and highlights the main problems associated with it.

Open access

Abstract

The ECHR is a general human rights convention, but it contains some provisions that have gained particular importance in the case law of the ECtHR regarding the human rights of children. Such a provision is, among others, Article 8 on the right to respect for private and family life, the interpretation of which has raised many questions in cases related to children born through international surrogacy. These questions have arisen in relation to the intended parents' standing to bring an application before the Court on behalf of the child, the criteria for ascertaining the interference of the respondent state with the child's right to respect for his private and family life, as well as the specific content of the requirements that must be met for the interference to be justified. By analysing these questions and the answers the Court gave to them, this article attempts to give an overview of the state's obligations to ensure the right of a child born through international surrogacy to respect for his private and family life in connection with the recognition of the parent-child relationship between the intended parents and the child.

Open access

Abstract

This article analyses an inclusive and participatory approach to regularising ‘Non-Asylum Seeking Unaccompanied Migrant Minors’ in Spain. The terminology is multiple; in this paper, the choice has fallen on Unaccompanied Migrant Minors with the acronym UMMs instead of UAMs, to be consistent with the doctoral thesis already defended in 2021. The term UASC, specific to unaccompanied migrant minors seeking asylum, was excluded. To fully assess the process, it is necessary to account for the following factors shaping their administrative situation: (a) how they reach adulthood, (b) whether they are in regular or irregular situations, and (c) the waiting time for obtaining regularity status and citizenship. This article reviews the gap between perspectives of legal protection, good intentions, and political restrictions.

The study has been carried out considering the results of qualitative research obtained through interviews with minors, staff members at reception centres, guardians, and immigration authorities. Particular attention is devoted to the limited number of resident permits granted to the UMMs. The methodology was enriched by desk research; most sources cited in the article are legal instruments and academic papers.

The different dimensions of regularization are analysed by paying attention to (i) residence permits and political rights; (ii) the role of guardianship in administrative regularization; and (iii) vulnerability related to the legal status of unaccompanied migrant minors. A comprehensive assessment is carried out based on children's rights and the social, institutional, and organizational contexts, as well as considering the policies which condition the protection milieu concerning migrant children and the practices at both general and operative levels.

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