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A honi katonai büntetőjog és a végrehajtás karaktere a két világháború között

The character of military criminal law and enforcement in Hungary between the two world wars

Scientia et Securitas
Author:
József Pallo

Összefoglalás.

A szerző a két világháború közötti magyar katonai büntetőjog meghatározó jelentőségű törvényét és az ehhez kapcsolódó speciális végrehajtási kérdéseket állítja a középpontba. Az 1931-ben született jogszabály sajátos történelmi és történeti időszakban született meg, hiszen a trianoni békediktátum szinte a teljes ellehetetlenülés határára sodorta Magyarországot. Vitathatatlan, hogy az ezt követő közel egy évtizedig tartó konszolidációs folyamat és annak sikere a XX. századi magyar politikatörténet egy kiemelkedően sikeres időszakaként azonosítható. A történelmi kényszer és Magyarország nemzetbiztonsága minden tiltás ellenére megkövetelte a honi haderő életben tartását, amelynek részeként a speciális jogi környezetet is korszerűsíteni kellett. Az Osztrák–Magyar Monarchia idejéből származó normarendszer revízió alá került, és minden szempontból az európai mércéket is meghaladó szabályozás született. Ezeket az anyagi jogi és végrehajtási normákat járja körül a tanulmány, érintve e legfontosabb dogmatikai csomópontokat. Rövid történeti kitekintés után bemutatjuk a katonákra vonatkozó büntetési rendszert, majd a végrehajtásra vonatkozó azon regulák számbavételére kerül sor, amelyből a korabeli katonai büntetőjogi és végrehajtási filozófia jól érzékelhetővé válik. Ennek megfelelően megjelennek többek között az infrastruktúrára, a személyzetre, az elhelyezési körülményekre, a fogvatartottak jogi helyzetére vonatkozó, vagy az intézet szélesebb körben értelmezett biztonságára vonatkozó rendelkezések. A tanulmány végén a jelenleg hatályos megoldás főbb elemeinek esszenciális bemutatása valósul meg, és elvi síkon megfogalmazódik a jövőre vonatkozó nemzetbiztonsági szempontokat is megjelenítő lehetséges irány is.

Summary.

The author focuses on the decisive law of the Hungarian military criminal law between the two World wars, which has been relatively understudied so far, and on its specific implementation issues. The legislation born in 1931 came at a particularly historic time, as the Treaty of Trianon put Hungary almost on the edge of total impossibility. It is indisputable that the process of consolidation for nearly a decade and its success can be identified as an outstandingly successful period in the 20th-century Hungarian political history. Despite all prohibitions, the historic necessity and the national security of Hungary demanded the survival of the national armed force, which required the modernization of the special legal environment. The system of standards from the period of the Austro-Hungarian monarchy was revised and the legislation also exceeded the European standards in all aspects. These financial, legal, and execution standards are discussed in this paper, touching upon these key doctrinal points. After a brief historic overview, the punishment system for soldiers is presented, followed by the enumeration of the rules of execution, from which the philosophy of the time of the military penal and execution is framed well. These include the provisions on infrastructure, staff, accommodation conditions, the legal status of the detainees, or the security of the institution in a broader sense. The paper concludes with an essential presentation of the main elements of the current solution and a possible way for the future is formulated.

Open access

Abstract

With special focus on free speech, as well as on classroom surveillance (proliferating in the Covid-pandemic digital learning environment), the paper aims to identify contextual dimensions for academic freedom as a matured legal concept – and one to be assessed via a business and human rights approach, due to its peculiar position between the public and private spheres. The project is triggered by the fact that despite its widespread usage in international documents and domestic constitutions, academic freedom remains underdeveloped in terms of conceptual tools, operationalizing mechanisms, monitoring methods and benchmarking schemes. There are also competing notions on how to best conceptualize it: as an individual right, a set of requirements for autonomous institutional design, a field to be regulated for market service providers or public commodities, a tool for international policy making, or academic ranking – not to mention the challenge of how to incorporate challenges brought by social justice movements. These considerations all require different policy tools and adjacent legal targeting.

Open access

Abstract

Investigating disadvantaged children is a priority area concerning education and health. However, little attention has been paid to pandemic-specific research in recent years. In the present study, we aim to explore the attitudes toward distance education in a sample (N = 305) of 7–8th grade students studying in disadvantaged settlements concerning the first wave of the coronavirus pandemic. Attitudes towards distance education were measured using a 16-item tool. Factor analysis was applied to detect the factors of attitudes towards distance education. Variables influencing these factors were measured by linear regression analysis including well-being, perceived stress and support, academic achievement, and sociodemographic background. The results indicate that four factors (learning difficulties, poor health, time saving and safety, and distance learning preference) can be distinguished. The effects of gender, type of settlement, deprivation and objective financial status is significant regarding distance learning preference and perceptions of poor health. Regarding health indicators, a protective role of support from teachers and a hindering role of stress indicators were found. The role academic performance was insignificant. Overall, the factors influencing attitudes towards distance education partly follow the trends of the factors influencing perceptions of traditional education. However, it is necessary to stress the crisis nature of the pandemic.

Open access

Abstract

In 2005 the Hungarian school-leaving examination system underwent a significant transformation. In case of history the aim was to give a greater role to the development of students' knowledge acquisition and source analysis skills by more focusing on students' work with historical sources in classes. However, it was clear that the achievement of these goals would also depend on the new exam tasks. Those determine whether the reform will be able to get real change. So I carefully examined those tasks of the past fifteen years exams that contained primary sources. I wanted to give an accurate picture of which types of tasks were most frequent and how they could be assessed in terms of the original objectives of the reform and the competency requirements of the school leaving examination. Based on the conclusions drawn from the results of the investigation, I formulate proposals for changing the composition of the exam tasks and preparing for writing the tasks.

Open access

Abstract

The study presents the impact of the historical origin of the making and application of law through a specific example. The regulation of nationality, a pivotal field of constitutional law, is considered a sovereign right of the Hungarian state which is exercised in line with Article G) of the Fundamental Law and Act No. LV of 1993 on Hungarian Citizenship. Hungarian naturalization practice, however, significantly changed in the wake of the amendment of the respective act: Hungarians living outside the borders have been entitled to preferential naturalization since 2011. This study aims to prove that this legislative action, which remarkably followed the designation of the day of the conclusion of the Trianon Peace Treaty as the Day of National Unity the previous year, was obviously influenced by historical considerations. The primary objective of preferential naturalization was to grant Hungarian nationality to persons of Hungarian origin whose ancestors had lost their Hungarian nationality in the aftermath of historical events involving the transfer of territories to neighbouring states. The study's point of departure is the Trianon Peace Treaty, the first major instrument to have a profound effect on the nationality of millions of Hungarians. The study explores the peculiar interpretation and application of treaty provisions relating to territorial changes and reveals the flaws in legal regulation which further contributed to the formation of a large community of Hungarians living outside the borders. Having surveyed the historical background, the analysis proceeds to examine the impact of historical traditions on the underlying motives and current domestic regulation of preferential naturalization. Evidence includes the broad scope of eligible persons, the wide range of documents accepted to prove descent, the verification of the required command of language, and the practical implementation of the procedure of naturalization. Research findings convincingly display the far-reaching effects of historical traditions on the regulation and practice of preferential naturalization in Hungary.

Open access

Abstract

Mediation as an alternative dispute resolution mechanism has a very long history, especially outside of the adjudicative space. It has gradually also found its way as an adjunct to the court system in the form of court-annexed mediation. As proven by quantitative studies, mediation in the region of Central and Eastern Europe is still, however, a relatively novel and underutilized instrument. Thus, this study explores the role of judges in court-annexed mediation using the case of the Czech Republic. It presents a piece of empirical research built on a single qualitative case study of mediation practice as seen and understood through the experience of district court judges. The latter represent the core actors that contribute to shaping mediation practice through their attitudes and activities, influenced by their own interpretation of phenomena, when entering into the process at the pre-mediation phase – when the activity of the judge is foreseen by the legislative framework to be the most significant. Offering a comprehensive description of the research methodology, the study also aims to contribute to academic debate that calls for more case/comparative studies of relatively unexplored phenomena in the wider region of Central and Eastern Europe.

Full access

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The focus of this paper is on the uncertainty and controversy associated with the substantial compliance standard as part of the strict compliance principle in the letter of credit law, as well as the possibility of applying new technology to solve such problems. The letter of credit confirms a payment under international sales contracts and contains a promise from the bank to pay the seller if they can present the complying documents as required in the letter of credit. Thanks to the basic principles of a letter of credit, it is stable and trustworthy. Such basic principles as well as the practice of letters of credit are recognized in the Uniform Customs and Practice for Documentary Credit of the International Chamber of Commerce.

To retain the commercial utility of the letter of credit, the strict compliance principle should be revitalized and consistently applied. However, this principle is not associated with exact standards, which leads to the scenario that courts apply different standards. Such a situation might reduce the commercial utility of letters of credit. Hence, the financial industry is trying to apply new technologies such as blockchain, smart contracts, and the Internet of Things to support the strict compliance principle, and try to reduce the uncertainty related to the substantial compliance standard.

Open access

Abstract

Over the past few years, the concept of gamification has gained increased attention in foreign language teaching research as it demonstrates potential to promote motivation and learner engagement. The authors of the paper believe that gamification can become an innovative and promising tool to help students overcome their motivational difficulties. When it comes to language learning and teaching, one of the major issues to be tackled is the differences among students in terms of academic achievement. Applying gamification in the field of education profoundly supports the process of teaching and learning by creating a supportive environment, which is reinforcing and enables individual progress. One specific feature of gamification is that it breaks down learning into elements, similarly to motivation theory, where goals are not uncommonly divided into subgoals. It also includes applying the characteristics of games, and implementing these in real-world situations, while generating specific behaviours within the gamified situation. The most important benefit of using gamification in language teaching is that it provides differentiation. Learners can progress at their own pace, their assessment is individualised, their motivation is strongly influenced by their own skills and abilities that are reinforced by gamification itself. As the process of learning meets the individual’s needs, differentiation can be brought about. This paper highlights the most important outcomes of research into gamification in language learning, while exploring its underlying principles in the field of motivation.

Open access

Abstract

One of the critical issues facing Historians today has been the emergence of Strong State regimes and the politicized pseudo history they produce in countries claiming to adhere to democratic norms. The attack on the Capital of the United States was based on a series of lies about voter fraud supported by President Donald Trump and members of Congress. Countering ideology based on a complete disregard for truth is now of paramount importance in the United States. This paper studies Trump's promise to Make America Great Again (MAGA) as a further evolution of Lost Cause mythos that began after the Civil War. The original story casts the enfranchisement of African Americans as a failure touting white supremacy and the righteousness of Jim Crow laws. How can History teachers counter these highly politicized myths? I suggest that the methodology of our profession may provide us with some important tools. John Dewey underscored the importance of critical inquiry to the preservation and advancement of democracy. Teaching students how to think historically goes a long way in the process of producing citizenry who are ready to participate in civil society. To that end I conclude this essay with a course that I teach entitled “Witches, Aliens, and Other Enemies.” The course is designed to set moments of mass hysteria and paranoia in the American narrative against the background of reason and rational legal law utilizing the Salem witch hunt at the end of the seventeenth century and the “red scare” following World War II as case studies to stimulate student exploration.

Open access