Pázmány Law Review

František Weyr – the Most Important Czech Lawyer of the First Half of the 20th Century

Jaromír Tauchen — Sat, 15 Nov 2025 00:00:00 +0000

This article highlights the outstanding significance of František Weyr (1879–1951) for legal scholarship in Czechoslovakia in the first half of the 20th century. The focus is on his professional career, his scholarly contributions and his intellectual legacy, with particular emphasis on his role in the development of normative legal theory. Weyr is considered one of the founders of the Brno Normative School and made a significant contribution to the development of legal science in the Czech lands. He was a friend and intellectual partner of Hans Kelsen, whose Pure Theory of Law inspired him, although he developed his own conception of legal normativity. The article also deals with his work at Masaryk University and his public engagement.

Justice Under Party Control: Structure and Personnel of the Czechoslovak Socialist Judiciary (1948–1989)

David Kolumber — Sat, 15 Nov 2025 00:00:00 +0000

This article explores the judiciary’s structure, personnel, and day-to-day operations in socialist Czechoslovakia from 1948 to 1989. Drawing on fragmented archival materials, legislative sources, and select biographical profiles, it reconstructs how judicial authority was subjected to political control, particularly through Party oversight, selective recruitment, and internal discipline mechanisms. The analysis emphasises the regime’s strategic approach to institutional memory, characterised by the systematic destruction, displacement, or failure to preserve judicial records. It further examines the evolution of judicial practice – from the ideological extremism of the early 1950s to the more routine yet still tightly regulated legal environment of the normalisation period. Through the careers of prominent court presidents and judges, the article illustrates how professional advancement was determined not by legal merit but by political loyalty and conformity. This study contributes to a deeper understanding of law as an instrument of governance under state socialism. It addresses the methodological challenges inherent in reconstructing legal history in an environment of archival silence.

Social issues and the Hungarian Cartel Act of 1931

István Szabó — Sat, 15 Nov 2025 00:00:00 +0000

Normal market conditions collapsed as a result of the Great Depression of 1929. This created a number of social problems that the state had to address. The impoverishment of the population caused by the crisis made it increasingly difficult to obtain basic necessities, while the excessively low prices caused mass bankruptcies among producers. The state, through the cartels, introduced price controls. It sought to create price conditions that would allow producers to operate economically but also to provide the population with basic necessities. In this way, social considerations became a key feature of the state's activities.

The Limits of Press Freedom in the USA

Magdolna Szigeti — Sat, 15 Nov 2025 00:00:00 +0000

Right to information regarding the public is one of the fundamental principles of the American society. The First Amendment to the Bill of Rights of 1791 protects the freedom of the press. Congress shall make no law restricting the freedom either of speech or of the press. Whereas the United States attempts to create a structural framework for the flow of information in accordance with democratic principles, meanwhile the increasing assertion of freedom of expression is historically becoming widespread, a growing number of problems emerge. It is clear from the decisions of the Supreme Court that freedom of expression in the United States is restricted by certain laws and by the courts. Legislators and judges are humans, hence influenced by the public perception, political climate and sentiment surrounding their decisions. Albeit once a model for the free press, the country now ranks the 57^th among 180 countries as of the latest press freedom index compiled by the international journalists' organisation (Reporters sans frontières/Reporters Without Borders).

This study attempts to trace the exercise of freedom of expression in the United States by examining changes in the value systems of the legislators and legal practitioners across the eras.

Classical Law in the Nation-State versus “Law without a State in the European Union

Gábor Máthé — Sat, 15 Nov 2025 00:00:00 +0000

The study compares the legal-theoretical foundations of classical rule of law with the specific institutional system of EU law — a supranational community without a state. The sections devoted to the five thematic units are conceived in a legal-dogmatic manner. The first one summarizes the influence of the humanities based on Helmuth Coing’s monograph. The contradictions between the universal, perfect order of classical natural law and the “fault lines” of contemporary society; the modern thesis: the legal order is more fundamental than privatization (Milton Friedman’s thesis); an outline of the problems of EU law, all these highlight legal-dogmatic issues to be resolved as soon as possible. A clearer designation EU competences hold must be distinguished from those of the Member States. Taking a stance is likewise a must in questions such as “the unconscious aspect of lawmaking by the law-applier” [Hayek contra Kelsen / in the Court of Justice of the EU]. As for the European legal sphere, a union of national constitutional courts could be the ultimate guarantor for overcoming the anomalies of the postmodern rule of law.

Infusing Catholicism in Teaching and Writing

Joanmarie Ilaria Davoli — Sat, 15 Nov 2025 00:00:00 +0000

Catholic law faculty instruct not only the minds of students but also reach their souls. Even during times of crisis, such as the 2020 pandemic, Catholic educators courageously developed solutions to protect the health of students while also nurturing their minds and hearts. This article examines the importance that the Church places on education and research through the guidance offered to Catholic educators by the Gifts of the Holy Spirit received in the Sacrament of Confirmation. By infusing Catholicism in teaching and writing, law faculty share the teachings of Christ with both students and scholars.

Community Engagement

Paul Ochieng, Patrick Nzomo — Sat, 15 Nov 2025 00:00:00 +0000

This paper explores community engagement as a pedagogical model for teaching social justice in law schools, with a particular focus on Strathmore University in Kenya. Rooted in Catholic social teaching, the university integrates experiential learning into its legal education through service-based learning, community service, and pro bono legal aid. All students at the university, including law students, are required to complete 200 hours of community service. They are further encouraged to participate in the Legal Aid Caravan, one of the many initiatives of the Strathmore Law Clinic, which provides free legal services to marginalised communities. These initiatives enable students to bridge the gap between legal theory and practice while confronting real-world injustices such as land disputes, gender-based violence, and discrimination. The pedagogical model fosters professional skills, including legal research, client care, and leadership, while cultivating moral responsibility, empathy, and a commitment to justice. By engaging with historically underserved populations, students learn to integrate law with moral philosophy, sociology, and economics, thereby deepening their understanding of the rule of law’s contribution to the common good. The article argues that experiential learning through community engagement is vital for shaping ethically conscious lawyers who view law not merely as an instrument, but as a tool for advancing justice and human dignity.

Challenges of Catholic Legal Education in Croatia

Kristian Turkalj — Sat, 15 Nov 2025 00:00:00 +0000

The text examines the current state of legal education in Croatia, identifies its systemic shortcomings, and presents the innovative approach introduced by the newly established Faculty of Law at the Catholic University of Croatia (CUC). The text explains the key elements of modern and innovative legal education, with particular emphasis on the importance of an individual approach to students. The underlying premise is that legal education should not be reduced solely to the transmission of knowledge about positive law and legal regulations; rather, it should aim to shape legal professionals who are also responsible and ethical members of society.

Teaching Legal Ethics at the Catholic University

László Komáromi — Sat, 15 Nov 2025 00:00:00 +0000

Across the world, a wide range of concepts and practical approaches have emerged for teaching legal ethics. The specific method adopted by any given law faculty is largely shaped by external regulations governing legal education and by the institution’s own academic traditions. Most commonly, professional ethics are taught within one or more courses dedicated to the ethical standards of the various legal professions.

Catholic universities, however, are guided by an additional framework: the apostolic constitution Ex corde Ecclesiae (1990), which directs them not only to provide professional and academic training, but also to help students cultivate and practise moral principles that inform their entire lives, ultimately leading to personal fulfilment. This perspective aligns closely with the Aristotelian view and with pedagogical theories that regard the teaching of professional ethics as a means of fostering students’ moral character.

From this standpoint, the primary aim of teaching legal ethics is to prepare future lawyers to adopt a strong ethical mindset, to recognise moral dilemmas in their daily work, and to respond to them with conscious and habitual moral reasoning. At the Faculty of Law and Political Sciences of Pázmány Péter Catholic University, the educational system developed in the mid-1990s reflects this approach. Its curriculum places particular emphasis on virtue ethics, seeking to cultivate and strengthen moral behaviour that shapes and enriches the whole of one’s life.

“How Do I Recognize What is Right?“

Christoph Ohly — Sat, 15 Nov 2025 00:00:00 +0000

In the light of the plea for a greater utilisation of Natural Law, as was particularly evident in Pope Benedict XVI's address to the German Bundestag in 2011, this article examines the understanding and significance of Natural Law in the law of the Catholic Church (Canon Law). On the one hand, specifics are developed using the examples of religious freedom and the protection of life, and on the other, their significance from the perspective of the Church's social doctrine is examined. The aim is to outline the internal relationship between Natural Law, Canon Law and the Church's social doctrine.

The Appearance and Role of Rerum Natura in Three Digest Texts

János Erdődy — Sat, 15 Nov 2025 00:00:00 +0000

This paper explores the role of rerum natura in three pivotal texts from the Digest, demonstrating its function as an interpretative and normative principle in Roman legal thought. By analysing cases involving usufruct, property conflicts over the newborn child of a female slave, and immissiones, the study highlights how Roman jurists integrated objective reality into their legal reasoning. The investigation reveals that rerum natura provided a conceptual bridge between objective reality and positive law, aiding in the resolution of legal disputes. Through exegetical analysis, the paper enhances our understanding of how natura, natural law thinking and positive law eventually intersected in classical jurisprudence, offering valuable insights into the foundational principles of Roman legal tradition.

Regulating the Use of AI in Civil Proceedings

Fernando Gascón Inchausti — Sat, 15 Nov 2025 00:00:00 +0000

The paper addresses several current issues regarding the use of AI in civil justice. It starts from theoretical foundations and addresses the question of how we can define AI, what is the role of AI in today's civil justice system, and what challenges must be overcome when creating legal regulations. The starting point is the need for a clear regulatory framework for the use of Artificial Intelligence systems in civil justice. It presents several legislative techniques (rules granting and/or governing rights; rules establishing prohibitions; rules setting out conditions, requirements and/or obligations.) and the types of legal sources or forms of regulation that can be used in the process of legislation (self-regulation and codes of conduct; soft law; hard law). It also includes a comparative legal perspective (with Spanish and English examples).

Digitalization of Civil Procedure and AI: the European Perspective

Burkhard Hess — Sat, 15 Nov 2025 00:00:00 +0000

The study is a written version of the author's presentation given at the international conference "AI and Law" organized at Pázmány Péter Catholic University on January 26, 2024. The author explains the current initiatives of the EU in the field of digital justice and how the Commission has been able to take the technological lead in cross-border digital judicial cooperation. The paper demonstrates a parallel development, closely related to judicial cooperation in civil and commercial matters, where a newly established international court in patent matters is offering a modern, totally digitalized procedure that has been immediately accepted by stakeholders from all parts of the world. Finally, the author looks at the prospects of the future developments of the usage of AI in the settlement of civil and commercial disputes in the EU.

Artificial Intelligence Generated Works and Patent Law

Hong Nhung Pham — Sat, 15 Nov 2025 00:00:00 +0000

The development of generative Artificial Intelligence has created several legal implications in intellectual property law. The most prominent example is DABUS case, in which DABUS – the AI invented by Stephen Thaler created a food container and a light by itself. Afterwards, Thaler tried to name the AI as the inventor of the product and claim the patent by being an employer of the AI. The case was trialled in 16 countries, including the European Union (EU) and South Korea, creating a major debate on the matters of inventorship and patentability. In Vietnam, since the invention of ViGPT, there has also been debates on similar issues. The aim of this paper is to provide Vietnam with solutions to this issue, thus the country can prepare for the phenomenon. This research will analyse and evaluate the DABUS decisions from the EU and South Korea, with comparison to Vietnamese law to answer questions on the inventor of AI-generated works and its patentability. The finding revealed that despite the differences in the law, the interpretation concluded similarly. However, as the direction of legislation in the European Union and South Korea were divergent, it can be beneficial for Vietnam to learn from the experience of both.

Dilemmas Over the Official Status of Asturian Language

Írisz Kovács — Sat, 15 Nov 2025 00:00:00 +0000

The Asturian language does not have official status in Asturias, although the Statute acknowledges its regional significance. The issue of official status is a subject of lively social and political debate. Supporters view recognition as crucial for the language's survival, while opponents highlight economic burdens and compulsory measures. The debate is situated at the intersection of political interests and linguistic rights.

This study explores the potential impacts of official status, institutional and legal obstacles, and the main arguments in the discourse.