The article focuses on the anti-naturalism of Menger and Mises. It presents a methodological approach formulated by both scholars as stemming from epistemological anti-naturalism and demonstrating similarities to social phenomenology. The article also discusses the development of the anti-naturalistic perspective on the basis of Hayek’s conception of sensory order. The latter allowed addressing the problem of validity of methodological dualism and established a sound foundation for the methodological approach of the Austrian School of Economics.
Spouses exhibit two kinds of behaviours: protective and transgressive. Protective acts are those aiming to overcome current problems, leading to preserving some balance. Transgressive acts are deliberately overstepping everyday marital reality and doing new things in new ways. They lead to changing the relation with the hope of improving it, but also create the risk of deterioration. The more transgressive behaviours spouses exhibit, the more chances they have to get to know each other and experience the joy of being part of a union. Transgressive tendencies stem from a network personality structure and consist of five psychons: cognitive, instrumental, motivational, emotional, and personal. The success of a marriage is the effect of a specific form of transgressive behaviours in marriage exhibited by both spouses, which is recognizing difficulties as they appear, finding their sources, and taking steps together to overcome them.
While in the majority of English-speaking territories the dominant legal tradition is common law, in Louisiana and Quebec the native language is English and the legal system stems from continental civil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of English civil law terminology with well-founded conceptual background.
The civil codes of Louisiana and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation.
The present paper is intended to be a practical guide for teachers who need to run writing for law classes for pre-experienced law students with no or little experience of academic or legal writing. It provides the teachers with advice on how to teach students to draft modern documents by sequencing and selecting the content that reflects the needs of practising lawyers. It shows how legal writing stems from academic and general writing. Overlapping or common elements of academic and legal writing are identified and sequenced in order to create an introductory base for writing for legal purposes.
Types of texts that lawyers draft have been selected and used as the scaffold- ing for writing tasks specially designed to suit the students’ proficiency and expertise.
The issues discussed in the following article focus on the interpretation of negative prerequisites for dissolving marriage by divorce. In Poland, special protection of the family stems both from the Constitution and the Family and Guardianship Code of 1964. The obstacles which seem to counteract the independent breaking of the marriage knot are the regulated positive and negative divorce prerequisites. In the area of divorce prerequisites in question, the Family and Guardianship Code functions in the unchanged form. As provided by the Family and Guardianship Code one of the negative divorce prerequisites was the welfare of minor children who could suffer as a result of granting a divorce. It is interesting for the contemporary judicial practice and the interpretation of law made in court judgments whether and in what scope it is possible to use the contemporary achievements of the Supreme Court as regards the guidelines. It seems that in the situation where the directives lost their binding force, it is not purposeful to refer to them as a source of law interpretation. The practice of judicial decisions seems to oppose this idea. Moreover, the guidelines of the Supreme Court passed at the time when they were a commonly binding interpretation of the law will undoubtedly be useful for creating the judicial law now and in the future.
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