Exempla Iuris

• INSTITUTIONALISM – New theory of action, law and democracy

  

  “The rules and reality of a chess game are determined equally by certain player obligations (exercised upon entering a game with a partner), as well as the possibilities of the game proceedings, but not the factual features of the game itself. The decision regarding action depends on the judgement of a player, selecting from a range of possible moves. It is important to point out that the move selection (game programme or programme section, for example a 3-move chess problem) are determined by a different type of rules - strategic chess rules. This also applies equally to action under different norm systems. Legal rules and legal institutions represent only the framework for peoples’ actions. Objectives pursued by certain individual, his/her preferences and rules for successful approach (naturally in relation to the objectives and preferences) are determining the decisions and actions.”
  
  Author: Ota Weinberger

• ABOUT CRIMES AND PUNISHMENTS

  

  “If somebody objected that lifelong slavery is equally painful and therefore equally cruel as death, my response is that if I summarise all unfortunate moments of slavery, it is certainly even more painful, but those moments are spread over the whole lifetime, but death bears down with its full force in a single moment. The advantage of slavery is that it frightens more the one who observes rather than the one who has to bear it, because the former examines the whole sum of unfortunate moments, but the latter is detached from the present misfortune by the misfortune of the future. All evil is multiplied in thoughts and the one who suffers finds the means and consolation, impossible to experience and imagine by the spectators, who see only their own sensitivity instead of the stubborn mind of the unfortunate individual.”
  
  Author: Cesare Beccaria

• THE EXPRESSION AND VALIDITY OF LAW

  

  “The subject matter of this book is the relationship between the law and ethics. Legal positivism maintains that these can be separated. According to this philosophy both the law, as well as the validity should be defined independently of ethics. I will attempt to show that this theory is false. Firstly, there are unavoidable linguistic links between the law and ethics, secondly, the prescriptive reasons speak in favour of defining the expressions law and legal validity so that they include ethical elements. As a consequence the legal positivism, as a legal theory, with an ambition to encompass its subject in full, must fail.”
  
  Author: Robert Alexy

• ATHENIAN CONSTITUTION

  

  “When Solon became a ruler of the village he liberated all people in the presence, as well as the future by banning their bodies to be used as collateral, he instituted laws and cancelled private and public debts, which is described as a relief of burdens (seisachtheia), because (the people) were freed from an encumbrance. In relation to this some tried to slander him. It became apparent that he discussed his intentions with several members of aristocracy and than as claimed by supporters of the people’s party, his friends betrayed him. However, according to the opinion of those wishing to malign him, he contributed himself to the situation. These friends have taken out loans, bought swathes of land, and become very wealthy after the debt cancellation was imposed shortly afterwards. Allegedly this is what really happened, but later they were considered to be wealthy for a long time.”
  
  Author: Aristoteles

• STRUGGLE FOR LAW

  

  “Law and justice in a country are flourishing not only due to the fact that the judge sits on a chair in a permanent stand-by mode and that the police is sending out constables, but because everybody contributes with their share. Everybody is called upon and has a duty to stomp on the head of the hydra of arbitrariness and unlawfulness, irrespective where the head pops up. Everyone who enjoys the blessings of law needs to contribute towards maintaining the force of law and respect for law, in other words, everyone is a born fighter for law in the interests of the whole society.”
  
  Author: Rudolf von Ihering

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