KRE-DIt 2023/2 Abstracts

Abstracts of theological studies

Remonda Rofaiel: Ethical and Biblical Reflections on Refugee and Minority Issues: Global and Egyptian Perspectives

This paper explores the ethical and biblical aspects of refugee and minority issues, in both the global and Egyptian contexts. Drawing upon biblical examples of migration, refugees, and minorities, we aim to understand how these narratives ethically and practically influence Christian ministry. By embracing these implications, we will delve into fulfilling the call to love our neighbors and create a more just and compassionate world, considering the responsibilities of Christian organizations and individuals in responding to their needs.

Keywords: migration, refugees, minorities, Egypt, Christian ministry.

Abstracts of legal science studies

Csaba Cservák: Chapters from the legal history of popular representation

Around the world we can face with a big diversity in the electoral systems. The most defining principle of plurality systems is individual competition between candidates. Relative majority possesses centuries-old roots in Britain. The absolute majority voting systems can be placed into two categories. Within certain limits governments have the right to determine how many votes a single citizen is allowed to cast, and how. Therefore, we can also find majority-, proportional- and preferential electoral systems around the world. Single- and multiple-vote systems are neither unfamiliar. The virtues of proportionality and choice between individuals are organically conjoined in the vote-transfer system.

Keywords: majority voting, preferential system, premium list, vote-transfer, personalised PR-system (in Germany), Hungarian electoral model

Csaba Cservák: The historical constitution: a kind of unique legitimacy and a particular division of powers

The three basic types of legitimacy are traditional, charismatic, and rational legal. In the past, legitimacy of tradition was typical. Present days, the legitimacy of rationality is typical. The divided power is necessarily restricted which is a prevention of the abuse of power and an institutionalized form of the protection against autocracy. The great oracle Montesquieu distinguishes the legislative power, the power which falls within the scope of international law and executive power related to civil law issues. For several aspect in the theory of the distribution of power, it may be more appropriate to use the concept of the separation of the functions of power instead of the concept of the separation of powers. Hungary had a specific constitution: the Historical Constitution based on the Holy Crown. According to this, the Holy Crown serves as the material embodiment of the supreme power of the state and sovereignty. Historic constitutions are also commonly referred to as unwritten constitutions, as opposed to written constitutions, which form the other major category.

Keywords: legitimation, division of power, branches of power, Historical Constitution, doctrine of the Holy Crown, sovereignty, nobility

György Tamás Farkas: Possibilities of grouping the special electoral rules for the parliamentary representation of minorities based on active and passive suffrage

The literature on special electoral rules for minorities typically either groups the models of some countries on the basis of the guaranteed mandate versus the preferential mandate or highlights a specific electoral instrument (e.g. “preferential threshold”) and makes a grouping on this basis. Special electoral rules for minorities are designed to help them to be more effectively represented in elected bodies. The target audience of special electoral law is therefore the minority itself, as a defined electoral community. For this reason, at the grouping, of the special electoral rules for the parliamentary representation of minorities I have approached the issue essentially from the point of view of minority voters, i.e., from the point of view of how minority voters exercise their electoral rights when casting their vote when exercising their right to vote, in comparison with non-minority voters.

Keywords: constitutional law, electoral law, minority law.

Róbert Holló: Judicial system of the Indian Nations – Tribal Courts in the United States

This paper discusses the role of the Indian tribal courts and the Courts of Indian Offenses in the resolution of disputes between Indian and non-Indian persons on various Indian reservations in the United States. Tribal courts are operated by Indian tribes under laws and procedures enacted by the tribe or incorporated into the tribe’s own legal system, which are often similar to or different from the laws and procedures of federal and state courts. Most tribes receive funding from the Department of the Interior to operate their judicial systems, although many tribes fund it with their own resources. The Courts of Indian Offenses are special courts operated by the U.S. Department of the Interior and the Bureau of Indian Affairs on certain reservations. These courts operate under the federal provisions of Volume 25 of the Code of Federal Regulation and are therefore often referred to as “CFR” courts. There are currently approximately 150 tribal courts in the United States and approximately 20 CFR courts.  Although Native peoples resort to a variety of other methods to resolve their disputes, including traditional dispute resolution methods, some of which have been incorporated into tribal justice systems, this paper focuses primarily on the formal justice systems.

Keywords: Lakota, Sioux, BIA, CFR, tribal court, Crow Dog, jurisdiction, native American

László Horváth: The Main Issues of Bosnia-Herzegovina’s Electoral System – Can the Challenge be Overcome?

The analysis, using the descriptive method, focuses on a long-standing issue in Bosnia and Herzegovina, related to the country’s electoral system and its national minority aspects. It is clearly visible that the Dayton Agreement is now more of an obstacle to the country’s development than a facilitator, as it created a state structure and electoral system that is unable to provide adequate answers to contemporary challenges. However, the solutions are still not outlined. Due to the characteristics of the electoral system, the lower and upper house parliaments, as well as the state and entity governments, are formed along ethnic lines, following a well-known practice, conserving and anticipating the political actions and scenarios already experienced in the past. The basic problem is that, despite the expectations of the international community and individual local actors, there is currently no likelihood of politicizing beyond the ethnic principle or raising the state interest to at least the same level as the ethnic interest. Nonetheless, this could be the sole opportunity to escape the present challenging situation. Behind the issues related to state-life – like the structure of the state, the constitutional division of powers, the state-level election law and the resulting Sejdic-Fincicas – without any exceptions originated from ethnic differences and mistrust. However, it may be regarded as a positive and hopeful development that occasionally the parties, albeit with extremely changing dynamics, manage to line up behind such “national or supranational issue” as joining the European Union. Consequently, this could be a breakthrough point for national minorities that are currently barely visible.

Keywords: Bosnia-Herzegovina, parliament, electoral system, national minorities, democracy

Dávid Keskeny: Aggressive commercial practices in consumer protection

The study and interpretation of consumer protection and aggressive commercial practices is a critical challenge for modern society. As a legal and ethical principle, consumer protection aims to protect consumers from harm caused by aggressive advertising and practices other than fair commercial practices. Aggressive commercial practices are designed to influence consumers and often subordinate their interests to their own benefit. This academic study seeks to understand the nature and effects of aggressive commercial practices and the consumer protection measures that are used to counter them. There are many forms of aggressive commercial practices, including false advertising, misleading information, push selling, manipulative pricing, and emotional manipulation. These practices are often deceptive and can lead to consumer loss, emotional distress and loss of trust.  The investigation of aggressive commercial practices is also of paramount importance because in the modern global economy consumers are highly dependent on a wide range of products and services. The proliferation of online commerce and electronic media has further increased the opportunities and scope for aggressive commercial practices, making the development and implementation of consumer protection measures and legislation even more urgent.  The aim of the study is to explore in depth the different forms of aggressive commercial practices, their effects on consumers and the market, and possible ways to protect against them. The research will also use case studies, statistical data and legal analysis to fully understand the picture. The importance of consumer protection measures and their positive impact on society will also be highlighted, while pointing to further opportunities and challenges for improvement in this area. The results of this study can help to understand aggressive commercial practices, reduce their impact and promote consumer protection in global markets.

Keywords: Consumer protection, Aggressive sales techniques, Unfair trading practices

Edina Lajos: A brief constitutional history of euthanasia in Hungary

In Hungary, the health law does not legalize euthanasia. A doctor may not hasten the death of a patient by either active or passive behavior. In Hungary, the matter was first referred to the Constitutional Court in November 1993. In the petitioners’ view, the Health Care Act unconstitutionally restricts the right to self-determination of incurable patients. For a long time the Court did not rule on the merits of the case. The Constitutional Court eventually rejected all the applications and ruled that the challenged legal provisions were constitutional. Euthanasia, according to some critics, affects the whole person and therefore cannot be restricted. In AB 24/2014 (22 July), there is no longer any trace of a chiseled fundamental rights rationale, and the majority reasoning states that there is no link between the state’s duty to protect life and the guarantees that ensure the patient’s freedom of choice.

Keywords: active euthanasia, passive euthanasia, constitutional review, right to self-determination, assisted suicide, state’s duty to protect life, guarantees of fundamental rights

Edina Lajos: Paper on the interplay of public and private law experiences

The theory of atypical electoral systems can be a lesson for civil law (company law). The block voting system used in civil law and Hungarian municipal law could be replaced by ‘restricted voting’. This would create more opportunities for minorities to get in. In a vote-transfer system, candidates would be ranked and then a quota calculated in this way would be used to fill the multiple seats. It is not simply a proportional system, we can say, but a very specific, complex, weighted method of calculation that takes into account voters’ secondary preferences. Public law could also learn from the experience of private law. The exclusion of members from parliamentary groups could be modelled on the exclusion of members known in company law. The protection of minorities in economic law is also instructive. While public law rules promote the inclusion of minorities in particular bodies, company law rules give an already established minority the rights to adjust majority decision-making under the general rule. Also, the logic of arbitration in some cases could be considered to be etalon in relation to public law adjudication. A realistic alternative in such cases could be to have the elected independent members nominate the chair.

Keywords: public law, private law, civil law, local government, electoral systems

Ouk Varinic: The role of due process and the importance of procedural fundamental rights in Hungarian law

This study examines the role of the principle of fair trial in the Hungarian legal system. The study focuses on the theoretical part, but practical elements also emerge in the study, mainly in the field of criminal law. My main aim with this paper is to prepare an article that deals primarily with the conceptual elements of fair trial, the theoretical and philosophical foundations and historical parts of the right to a fair trial, combining issues arising in criminal practice. Each chapter has been prepared specifically to familiarize the reader with different aspects of fair procedure and to help him recognize the significance of this fundamental procedural right. The fundamental right to a fair trial has not yet been fully accepted by the Hungarian constitutional literature. Although some pioneering work has already been written, most textbooks on constitutional law interpret only substantive fundamental rights, and commentary literature has largely been indebted to mapping the fundamental segments of this law and summarizing them for the legal public. Despite the fact that the right to a fair trial guaranteed by the Fundamental Law plays a prominent role in Hungarian constitutional court practice, therefore its impact on ordinary court practice and its practical significance are outstanding, therefore this article deals specifically with the theoretical parts of this principle, since there is no proper practice without theory. At the same time, a legal system can be said to have the fullest respect for fundamental rights if the legislation fully complies with constitutionality and is applied accurately and properly by the courts (or, more broadly, by law enforcement bodies)

Keywords: fair trial, constitutional complaint, constitutional court, fundamental right, procedure law

Adrienn Ronga: The right to human dignity as a general personal right and the prohibition of torture

The topic of my thesis is the right to life and the right to human dignity. In my opinion, the right to life is the starting point of the “heart chakra” of fundamental rights, since life, human existence itself is a necessary prerequisite for the existence of any other fundamental right. In my study, I examine the content and relationship between the right to life and the right to human dignity. In conclusion, it can be said that the practice of the Constitutional Court and the provisions of the Basic Law clearly believe that soul and body are inseparable from each other, the right to life is considered to be one of the manifestations of human dignity, so they are indivisible and unlimited, for this reason the derivation of unwritten rules from the concept of basic rights and from the text of the constitution, it undoubtedly requires intellectual effort during judgment and judicial application of law.

Keywords: constitutional law right to life, right to human dignity, general personality right, prohibition of torture

Dániel Szűcs: Exploring the historical roots of human trafficking, or the status of slaves in ancient Rome

This paper delves into the historical depths of the institution of Roman slavery in order to explore the roots of the crime of human trafficking. By dissecting each aspect, the author seeks to shed light on the enduring legacy of exploitation, while also providing an opportunity to discuss how the ancient tradition has evolved over millennia into the crime of trafficking, incompatible with fundamental human values, that continues to plague the world today. A key starting point is that slavery was an integral part of this ancient social concept. By exploring the socio-cultural, economic and social dimensions, this study aims to shed light on the systematic dehumanization that slaves suffered in antiquity. The thesis focuses on key aspects of Roman slavery, such as issues of personal status, the wide spectrum of ways in which enslaved status was aroused and ended, the sometimes inhumane living conditions, and the role of the state and society in perpetuating the institution. Drawing parallels between the treatment of slaves and the situation of victims of trafficking today, the past casts a rather large shadow over the present. The aim of the historical inquiry is to draw attention to the persistence of human trafficking and to call for continued vigilance and action in the perpetual struggle against human rights violations.

Keywords: exploitation, inhuman treatment, forced labour, human trafficking, slavery, antiquity

Milán Töreki: Attempts to define the concept of money and its relationship with the State and public administration

What is money? Why is gold valuable? Why can we pay with a small piece of paper or a plastic card? What is economy? What is the real value assessor? These are the questions which have been asked by many, and nobody has managed to give a short answer. The mysticism surrounding money and man’s wish to own it has permeated both our society and how we organize the state. However, this did not develop in the modern eras, but is as old as humanity, only the objective manifestations of it, value assessment has changed during the decades. In my short study, following a short historical overview, I will try to define the impossible and summarize through which scientific disciplines we can describe money as a phenomenon. I will proceed first by examining legal, then economic and sociological aspects. Concerning legal aspects I have taken into consideration relevant legal regulations and their interpretations. Finally, I will attempt to create my own definition of money. In creating my own definition, I proceed primarily by taking into consideration administrative law and the aspects of organizing the state. My theory is that the definition of money itself is subjective, and the aim of my study is to summarize and induce debate and raise new ideas.

Keywords: value assessor, history of law, monetary law, administrative law, Georg Simmel, definition of money, organization of the state, money in sociology

Abstracts in historical studies

Anna Mérész – Ferenc Pálházy:
The taxpaying society of Szolnok and the National Census in 1828 

The main aim of the study is to analyze how the tax-paying society of the relatively important settlement looked like at the beginning of its development and to give a basis for the reconstruction of the society of Szolnok. This is the period when the rural town was a part of the county of Heves and Külső-Szolnok, and the radical changes in its landscape had not begun (river regulation, building of the railway network). After coding the digitized document, Conscriptio Regnicolaris and Rectificata Conscriptio Regnicolaris, we did a descriptive statistical analysis in JASP version The results of these analyses are published to illustrate the taxpaying society of Szolnok. The census provided a relatively accurate picture of the individuals and their household situation and composition. The study describes the sizes of the households in Szolnok, the status of the taxpaying heads of the households, their house ownerships, occupations, and livestock. Using the available data, we describe a method of identifying spousal relationships, and also we attempt to resolve one of the previously unknown notations.

Keywords: national census of taxpayers in 1828, taxpaying society, Szolnok, occupational distribution, household composition

Ádám Papp: About the reception of the Catholic press of neo-nationalism in Klebelsberg – in the light of articles in Catholic Review

The aim of this study is to examine how and in what form the Catholic public media of the 1920s imterpretated Kuno Klebelsberg’s neonationalist conception of nationhood. In examining this issue, the author of this paper also included materials of “secondary” significance that were not written specifically by the aforementioned cultural politician, but by his contemporary intellectual companions. The reason for this can be indicated in the fact that Catholic publicists of the 1920s, confirming the hypothesis of the author of this paper, saw in organic continuity the Klebelsberg texts related to the identity discourse in question, as well as the writings of Gyula Kornis, which also thematically fundamentally explored the questions of Hungarian national action alternatives after Trianon. With regard to the working method, the author of the present study aimed at the development of the history of reception that can be traced in contemporary Catholic journalism, strictly taking care that this reception history fits into the historical context of the problems raised by the relevant national interpretation. The explanatory footnotes, widely used in the framework of the thesis, are themselves intended to serve the latter purpose. The author concludes that the Catholic history of publicistic reception of the aspects raised by neo-nationalism shows a fundamentally unanimous attitude, however, in their assessment of certain issues, the conservative perspective that emerged in their assessment was the de facto main obstacle to the real enforcement of Klebelsberg reform conservatism.

Keywords: catholicism, public, publicity, Kuno Klebelsberg, neonacionalism, national-censervative, cultural politician, identity discourse, reform conservatism, ideology, National liberalism, Christian-conservative, Cultural superiority, Integral revision, racist movement, Christian-national thought, Catholic press

Zsolt Balázs Pétsy: The Legacy of Dzerzhinsky

This historical essay explores the historical role and legacy of Felix Edmundovich Dzerzhinsky and the meaning of the term Chekhism, from an individual perspective, but with historical facts to back it up. My starting point is that the historical role of the leader of the Soviet state security should be examined in a broader temporal and spatial perspective, i.e. from the emergence of Soviet-style dictatorships to their fall. In the essay, I also discuss the Hungarian aspects.

Keywords: Dzerzhinsky, Dzierżyński, cheka, chekism, chekist, state security, Soviet Union, soviet-type dictatorship

Adrienn Purcsi – Kristóf Berta: „Do you know, what a great funeral I would have if I would die?” Data to the placement of Dezso Szabo’s memorial tablet at the József Boulevard

Dezső Szabó is often described as a divisive figure, not only during the Horthy era but also today, but his political and intellectual significance is indisputable. In our article we will try to present briefly, but in a more comprehensive way, not only his personality and the ideas, trends and persons that influenced him, but also how he himself influenced. His memorial tablet on József körút is a perfect example of this. The memorial tablet is associated with the National Peasant Party, whose members were mostly folkish writers. Throughout his life, Dezső Szabó sought a public that was open to his ideas and able to identify with him completely. He did not find a strong support base among the political parties, but he did find a strong support base among young people, young folkish writers.

Keywords: world wars, Hungary, Horthy-era, Dezső Szabó, folkish writers, National Peasant Party, memorial tablet

Krisztián Attila Tímári: An enthusiastic Josephinist Johann Michael Schweighofer and the Last Turkish War

From the point of view of the Habsburg Empire, the last war against the Turks (1788-1791) saw an unprecedented level of public information dissemination. In addition to newspapers and magazines, interested readers could follow the events through various publications, pamphlets, and brochures. Johann Michael Schweighofer, the most prolific and frequent name to appear in the war’s printed materials, was significant. Although relatively little information is available about his life, it is immediately clear from his work that he was a Josephist committed to the Habsburg Empire and Joseph II. As an author with excellent contacts, he often shared information with the reading public that made him unrivalled in the field of information dissemination. On the other hand, he often wrote in a clichéd manner, presenting stereotypes of the time. The difference between his printed works is very noticeable, for which censorship is only partly responsible. The publication attempts to clarify questions such as whether Schweighofer shared information relevant to his audience and whether the course of the war was clearly transparent from his works, or whether they were rather blandly titled but merely average in terms of content.

Keywords: press, print, war, Habsburg Empire

Róbert Vendriczki: The Chronicle of Nagyfüged
Society and Economy of My Native Village in the Long 19th Century

Nagyfüged continued to develop continuously in the 19th century, economically, the number of livestock and the size of the cultivated areas increased, and socially, the population increased. The peak of its development was the 1840s, as it became the center of the electoral district and its economy reached its full potential. As a result, it also received the title of the large village. Nagyfüged was also affected by the foreign policy events affecting the country, and the population took part in the great wars of the era in large numbers. After the collapse of the Austro-Hungarian Monarchy the village also lost its importance and showed signs of stagnation.

Keywords: Development, economy, society, constituency, large village, war, Austro-Hungarian Monarchy, stagnation

Tamas Zmák: The Anti-Masonic Publicism of Károly Burján and István Miklóssy

The study gives an overview of the anti-Masonic publications of Károly Burján and István Miklóssy, teachers of a Budapest high school in the 1910s. Károly Burján became more widely known by his essay The Danger of Christianity and Hungarianism and his articles published in Béla Bangha’s Magyar Kultúra magazine. In his works he analysed the activities of Freemasons, radicals and freethinkers according to his own interpretation. István Miklóssy wanted to draw the attention of the national public opinion to the positioning of Freemasonry in the Hungarian educational system with his writings entitled Dangerous Symptoms in Our Schools; The Self-Exposure of Freemasonry and Open Interpellation… For the elaboration of my work, I used contemporary press materials, the above-mentioned printed sources, school bulletins and relevant literature. My initial hypothesis is that the anti-Masonic literature of the two teachers can only be interpreted superficially in itself. I justify this by describing the institutional environment of Burján and Miklóssy, and the economic and political tensions of teachers of that time. Overall, the two teachers’ picture of the “Masonic menace” went beyond itself; it became a simplistic manifestation of the crises of contemporary Hungary.

Keywords: Károly Burján, István Miklóssy, freemasonry, Béla Bangha, Magyar Kultúra, teachers’ society, Hungarian education, Kelet