KRE-DIt 2024/2 Abstracts

Abstracts in theological studies

Zsolt Dominiák: Protestant attempts at a response for healing the wounded collective identity of Central and Eastern Europe

In my study, first I would like to present the wounded collective identity concept of András Máté-Tóth, as an approach that pays special attention to the impact of the historical context of the Central and Eastern European region on the formation of social and individual identity. The exploration of the concept also touches on the theme of religiosity, from which I would like to highlight the concepts of woundedness and securitisation. Secondly, I will sketch the work of two Protestant theologians along these two concepts, highlighting the emphasis related to the topic, as a kind of response to the problem of wounded collective identity. One of them is Miroslav Volf, who turned to the theme of proper remembrance and reconciliation in the wake of the confessions he suffered in communist Yugoslavia. Another is Helmut Weiß, who, as a Transylvanian-born man forced to flee his homeland in 1944, formulated the essence of his concept of pastoral care as the affirmation of the certainty of existence.

Keywords: wounded collective identity, East-Central Europe, remembrence, reconciliation, certanity of existence

Dávid Keskeny: Some Thoughts on the Church Tax

The study provides a general analysis of the historical and legal aspects of church taxation in Hungary, with particular reference to the current economic and social circumstances. The author describes the current legal framework of ecclesiastical taxation, including the relevant parts of the Codex Iuris Canonici of the Catholic Church, and the economic functioning of the historical churches. The study also examines various municipal practices, which shed light on how church contributions are applied by individual communities. It also compares the options available for contribution, highlighting the rise of digitalization. The author makes suggestions for future forms of church contribution and how to increase the participation of the faithful in community life, taking part in sustaining the functioning of the church. The study also highlights the need for an increasing focus on strengthening community cohesion and the importance of financial support for the faithful in the life of churches.

Keywords: church taxation, historical churches, Catholic Church, digital giving, community contributions

Máté Márkus: The Basic Concepts of Existentialism – Kierkegaard

The article provides an introduction to the concept of existentialism by presenting the work of Søren Kierkegaard, the first representative of existentialism. The author introduces Kierkegaard’s main works, with particular emphasis on his critique of Hegelianism and the key concepts that later became significant for the subsequent representatives of existentialism. Kierkegaard grasps the human existential condition through the concepts of freedom, anxiety, despair, sin, and faith, in the conflict between essence and existence.

Keywords: Kierkegaard, existentialism, freedom, anxiety

Abstracts of legal science studies

Stefánia Bódi: The Anglo-Saxon Interpretation of The Concept of The Rule of Law

My aim in this study is to focus on the concept of the rule of law, presenting the views of Thomas Paine and Albert Venn Dicey, perhaps the best-known Anglo-American thinkers in the field. I also discuss the law interpretations given by the Hungarian Constitutional Court, which offer solid points of reference for a better understanding of the concept. Although, as I am about to point out, the Anglo-Saxon and Continental legal systems have different features, and for this reason, the implementations of the rule of law can also have institutional or practical differences even in the same historical era, I think the concept has its constant elements, which means that the concept of the rule of law cannot be indefinitely relativized. A prerequisite to the concept of the rule of law is the limitation of law by morality, by which I mean an ethical law that strives for justice and respects people’s equality and the human rights.

Keywords: rule of law, Anglo-Saxon legal system, legal certainty, Thomas Paine, Albert Venn Dicey, Constitutional Court

Csaba Cservák: Reflections on the Historical Roots and Contemporary Meaning of the Concept of the Rule of Law

Looking back through history, the concept of the rule of law meant the prohibition of authoritarianism. The term ‘rule of law’ is often translated in Hungarian law as ‘Rechtsstaat’, which is the German word for a ‘state, based on law abidance’. In legislation, two competing trends can be identified: the exemplary and the casuistic. A legal loophole exists when there is no rule governing a specific situation, but a rule should exist based on a higher principle or norm. A ‘Laboratory-level clean’ rule of law exists only in theory. In my view, one of the most important components of the rule of law today is judicial independence.

Keywords: rule of law, human rights, legal vacuum, constitutional review, judicial independence

Dávid Keskeny: Some Thoughts on Digital Central Bank Money

The introduction of digital central bank money (CBDC) could fundamentally change the global financial system, increasing the speed and cost-effectiveness of transactions while promoting financial inclusion, especially in developing countries. CBDCs provide an opportunity for central banks to introduce new monetary instruments such as negative interest rates or direct digital financial transfers. However, there are also significant risks to financial stability and cyber-security, as the role of commercial banks could be significantly reduced, threatening the traditional banking structure. Blockchain and decentralized ledger technology (DLT) are the basis for CBDC systems, but the adoption of these technologies poses significant technical challenges such as scalability and security issues. The paper takes a comprehensive look at the economic, legal and technological aspects of CBDCs, taking into account international examples such as the digital euro and the digital yuan. Appropriate regulation and supervision are essential for the successful implementation of CBDCs, which can contribute to preserving financial stability and transforming the global financial system in the long term.

Keywords: digital central bank money, financial stability, blockchain technology, cybersecurity, monetary policy

Anna Kovácsné Molnár: The Historical and Comparative Analysis of the Role the Victim in Criminal Procedure

In my research, I have tried to explore the role of the victim in criminal proceedings, using historical and comparative analysis, with particular reference to the development of Hungarian law and its international context. The aim of the research is to explore how the legal position of the victim has changed over the centuries and how socialism and the European Union’s legislation have influenced the regulation. From our first Code of Criminal Procedure to the application of modern criminal procedure laws, I analyse the development of victims’ rights in Hungary, comparing it with the legal system in Slovakia. Using the methods of historical and comparative analysis, my study highlights the interaction between legal norms and social values, as well as the continuous development of victims’ rights in international and domestic legal systems.

Keywords: victim, criminal proceedings, European Union, Slovakia

Edina Lajos: Reflections on a Moral Approach to Electoral Systems

According to the journalistic turn, electoral law is not about justice. We cannot agree with this, either from a moral or a scientific point of view. Majority voting systems empower the winner. Proportional systems are fair, but they lead to unstable governance. Mixed systems can be seen as an appropriate compromise. One of the most important moral aspects of elections is the protection of minorities. This includes national and sociological minorities. In the Hungarian electoral system, national minorities enjoy considerable advantages. They only need to reach a quarter of the otherwise applicable quota to enter parliament.  The 5% entry threshold should be reconsidered for the future.

Keywords: electoral systems, majority system, proportional system, protection of minorities, positive discrimination, national minority elections, entry threshold

Edina Lajos: Les médiateurs dans le monde

Les médiateurs portent de nombreux noms dans le monde. La morale et le droit peuvent être considérés comme deux ensembles de règles distincts et séparés, chacun ayant des fonctions et des outils différents. Si vous regardez dans le monde, vous verrez des médiateurs monocéphales et multicéphales. Le médiateur des droits fondamentaux ne peut pas prendre de décisions qui peuvent être exécutées par l’autorité publique – c’est la définition conceptuelle d’un médiateur. Les personnes qui occupent cette fonction ont des titres très variés dans le monde.   La fonction a été créée pour la première fois en Suède au début des années 1700, bien que des fonctions étatiques similaires aient existé auparavant. Gabriele Kucsko-Stadlmayer distingue trois grands types de contrôle, en fonction de leur objet, de leurs règles et de leurs pouvoirs : le modèle de base ou classique, le modèle de l’État de droit et le modèle des droits de l’homme. Si les pouvoirs du médiateur sont trop importants, il s’agit déjà d’une juristocratie.

Mots-clés: droits fondamentaux, médiateur, modèles monocéphale et multicéphale, droit et morale, juristocratie

Edina Lajos: Ombudsmen Around the World

Ombudsmen go by many names around the world. Morality and law can be seen as two distinct, separate sets of rules, each with its own different functions and tools. If you look around the world, you see single-headed and multi-headed ombudsmen. It cannot take decisions that can be enforced by authority – this is the conceptual definition of the Ombudsman. Persons holding this position are given a diverse array of titles worldwide. The office was first installed in early 1700s Sweden, though similar state functions had already existed earlier. Gabriele Kucsko-Stadlmayer differentiates three main types based on the subject and rules of supervision, as well as their scopes of authority: the basic or classical model, the rule of law model, and the human rights model. If the ombudsman’s powers are too strong, it is already a juristocracy.

Keywords: fundamental rights, ombudsman, single-headed and multi-headed models, law and morality, juristocracy

Adrienn Ronga: The Constitutional Questions Related to the Beginning of Life – the Constitutional Legal Assessment of Abortion

The subject of this study is an overview of the constitutional law practice related to the right to life. The right to life is the most important and primary part of the catalogue of fundamental rights, as life itself, human existence, is a necessary prerequisite for the existence of any other fundamental right. A fundamental characteristic of recognized fundamental rights within a constitutional system is their normativity: they create a legally enforceable position on the part of the right-holder and a legally accountable obligation on the part of the duty-bearer. The primary duty-bearer for fundamental rights is the state, which, depending on the specific nature of the right, is primarily obliged to respect the practice of the right and refrain from interference. Alternatively, the state must ensure the conditions for the enforcement of the right through regulatory, organizational solutions, and by maintaining institutions and services. In examining the right to life, this study focuses on the highly debated and significant area of decision-making at the beginning of life, namely abortion, which results in a collision between the right to life, as the most fundamental right, and the right to self-determination derived from the right to human dignity. This constitutional conflict appears as a significant and crucial constitutional issue in almost every country worldwide, with different resolutions depending on the country and the era, often in favour of either the right to life or the right to self-determination derived from the right to human dignity. This study aims to address this issue.

Keywords: constitutional law, fundamental rights, constitutional court, abortion

László Schmidt: The Ethical and Legal Judgement of Abortion

The term abortion comes from the Latin word abortio, which means premature birth. Abortion in its modern sense (i.e. termination of pregnancy) was a widely practised activity in the ancient Greek and Roman world. The moral aspect of abortion cannot, of course, be separated from the biological, medical, psychological, social and legal aspects of the issue, which can only be approached from a complex perspective. When the question of abortion arises, the mother and father of the foetus, and in most cases their relatives, are also faced with this moral issue. In this article, I will present the best-known ethical arguments for and against abortion, as well as the Hungarian legal framework.

Keywords: abortion, ethics, law, philosophy

Barbara Szabó: Rechtliche Maßnahmen und Schutzstrategien gegen Online-Belästigung

Diese Studie untersucht die Herausforderungen und rechtlichen Maßnahmen im Kampf gegen Online-Belästigung, mit besonderem Augenmerk auf die Verwundbarkeit von Kindern und Jugendlichen im digitalen Raum. Anhand statistischer Daten und einer Analyse des amerikanischen Rechtssystems hebt die Forschung die Bedeutung eines verstärkten Schutzes vor Cybermobbing hervor, da Online-Belästigung schwerwiegende psychologische Folgen für die Betroffenen haben kann. Die Methodik kombiniert Sekundärforschung und Literaturübersicht, um ein umfassendes Bild über die Wirksamkeit der derzeitigen Schutzmaßnahmen zu geben. Die Hypothese der Studie ist, dass die aktuellen rechtlichen Regelungen keinen ausreichenden Schutz für die Opfer von Online-Belästigung bieten, weshalb eine Überprüfung und Stärkung der rechtlichen Rahmenbedingungen erforderlich ist. Im Fazit wird betont, dass rechtliche Regelungen an die Realität der digitalen Welt angepasst werden müssen und es wichtig ist, technologische Entwicklungen in den Schutz einzubeziehen. Darüber hinaus ist psychologische Unterstützung für die Opfer unerlässlich, um ihnen bei der Verarbeitung der durch die Belästigung verursachten psychischen Schäden zu helfen.

Schlüsselwörter: Online-Belästigung, Jugendschutz, Rechtliche Maßnahmen, Psychologische Unterstützung, Digitale Sicherheit

Barbara Szabó: Legal Measures and Protection Strategies against Online Harassment

The study examines the challenges and legal measures to combat online bullying, with a particular focus on the vulnerability of children and minors in the digital space. Through statistical data and an analysis of the US legal system, the research shows that increasing protection against cyberbullying is of paramount importance, as online harassment can have serious psychological consequences for those affected. The methodology combines secondary research and literature review to provide a comprehensive picture of the effectiveness of current protection measures. The hypothesis of the study is that the current legal framework does not provide adequate protection for victims of online harassment and that there is a need to rethink and strengthen the legal framework. The study concludes that legal regulation needs to be adapted to the realities of the digital world and that it is important to incorporate technological developments into protection. In addition, it is essential to provide psychological support to victims to help them deal with the psychological trauma caused by harassment.

Keywords: online harassment, protection of minors, legal measures, psychological support, digital security

István Ágoston Széchenyi: Aspects of Human Dignity

The protection of human dignity faces new challenges in the 21st century. Technological advancements create unprecedented opportunities for self-expression and communication. The realization of human dignity is very specific in terms of the right to vote and freedom of religion. In the media, we often encounter cases where a person’s human dignity is violated by a media service provider portraying them in humiliating way. Human dignity plays a prominent role in Hungary’s currently valid Fundamental Law. The realization of human dignity can be guaranteed by the entire system of fundamental rights protection.

Keywords: human dignity, freedom of expression, fundamental rights protection, social media, privileges, constitutional review

Abstracts in historical studies

Anna Mérész: Taxpayers in Törökszentmiklós according to the National Census of Taxpayers in 1828

The national census of taxpayers in 1828 is part of the historical-statistical sources about society, from which I used the set of documents from Törökszentmiklós. The source material’s detailed presentation is important for a more accurate use of the data in the documents. For the statistical analysis, I have prepared my database in form of an Excel spreadsheet based on the national census of taxpayers. After coding the digitized document, I did a descriptive statistical analysis in JASP. The results of these analyses are published to illustrate the taxpaying society of Törökszentmiklós. The national census provided a relatively accurate picture of the individuals and their household situation and composition. The study describes the sizes of the households in Törökszentmiklós, the status of the taxpaying heads of the households, their house ownerships, occupations, vineyards, meadows and livestock.

Keywords: national census of taxpayers in 1828, Conscriptio Regnicolaris, taxpayers, household composition, Törökszentmiklós

Adrienn Purcsi: Historical Essay on the Nationality Politics and the Revision Appearing in the Spirit of St. Stephen’s Idea of the State

St. Stephen’s state policy and the revisionism along with the nationality politics appearing as part of it are the most defining elements of the political thinking of the Horthy era. In the specialized literature, we can read about their importance, but less about their exact definition. In our historical essay, we attempt to briefly and concisely define the content elements of these concepts. What exactly is St. Stephen’s idea of the state? How and why did it appear and spread in the political thinking of the Horthy era? Furthermore, what are the features of the nationality politics emerging in the name of the concept? These are the questions to which the science of history has not yet given us a definition or a precise answer. The reason for this is that, for most researchers, the history of ideas and the investigation of ideological systems is an extremely swampy ground, where they are reluctant to venture. In the case of the topic as well, it is a great challenge for a historian to articulate briefly, resolutely, yet complexly what we mean by the St. Stephen’s ideal of the state and the revisionist and minority policy emerging in its spirit.

Keywords: Horthy-era, revision, issue of nationality, István Bethlen, Pál Teleki, Gyula Szekfű

Noel István Takács: „За Родину и Свободу” The Political Ideology of Boris Savinkov and his Role in the Russian Civil War

The second half of the 19th century and the first third of the 20th century meant the bitter and slow end to the Russian Empire. Many groups emerged in this politically dangerous environment, all wishing to bring down the tsardom. Liberals, Bolsheviks, Mensheviks, SR (Party of Socialist Revolutionaries) and many others. Boris Savinkov, who was one of the most eager SR members became distant to his party and began to diverge from the ideology of it. In the crucial year of 1917, he became part of the inner circle of Alexander Kerensky, the leader of the Provisional Government, and with that, he became one of Kerensky’s most important allies. The chaotical period following 1917 is known as the Russian Civil War (1917–1923), which Savinkov spent fighting the Bolsheviks, using his fame and connections obtained in the SR and the Provisional Government. During this time, he started to theorize and write about his own ideology which diverged from the SR, but he could not put it into practice, given the status of Russia at the time. The presence of Savinkov proves, that, at least in theory, the Russian Civil War was not just a war between the old-fashioned generals and the Bolsheviks, but a war of multiple ideologies.

Keywords: Russia, Russian Civil War, ideology, third-way politics

Tamás Zmák: State, Non-Denominational Free Public Education, without Religious Education –The Public Education Programme of the Hungarian Masonry between 1900 and 1913

This study aims to summarise the educational policy agendas of Hungarian Masonic lodges from 1900 to 1913.The research is based on contemporary Masonic periodicals, archival sources, school notices, contemporary Budapest apartment and address lists, and relevant literature. Operating legally and lawfully in Hungary by order of the Ministry of the Interior since 1868, the Masonic lodges have always had an important role in the field of education and culture. Despite the national Masonic constitution and a decree of the Minister of the Interior forbidding the lodges to overtly engage in politics, more and more lodge members demanded an active engagement in public and educational affairs. This was finally embodied in the so-called Social Programme, which was initially a source of tension in the lodge world but was later adapted in different ways by the membership. The main educational demands of the Social Programme included the state ownership of denominational educational institutions, the abolition of tuition fees, and the abolition of compulsory religious education in schools. I will begin the analysis of debates and ideas about these demands by presenting the public education system of the period. For the sake of clarity, the issues of religion and state supervision are analysed separately. These have been further divided into two parts: the periods between 1900 and 1908; and between 1908 and 1913. The reason for this is that I consider Act XXVII of 1907 known as the “Lex Apponyi”, named after its proposer, as a dividing line. It is my hypothesis that the educational agenda of the lodges was heavily influenced by the social democratic and bourgeois radical of the spirit of the time.

Keywords: King Lazlo, non-denominational education, Zsigmond Várady, Zoltán Zigány, freemasonry