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Dr. Marija Karanikić Mirić [ Editor in Chief ]
Members / Dr. Dušan Popović, Dr. Bojan Milisavlјević, Dr. Vojislav Stanimirović, Dr. Mirjana Drenovak Ivanović, Dr. Danilo Vuković, Dr. Svetislav Kostić
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Managing Editors / Dr. Nikola Ilić, Dr. Novak Vujičić
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Table of Contents
Author /- 2023 Editorial Board
- ARTICLE /
Digestive Jurisprudence Restated: On Breakfast and Digestion as Bias-Arousers“Digestive Jurisprudence” is the view that judicial decisions depend on what judges had for breakfast. The view is usually associated with Frank’s version of Legal Realism. The paper shows that, disputable as it is, that view comes from the philosophical background of Peirce’s pragmatism and the legal background of Holmes’ prediction theory. Peirce’s pragmatism was an account of concepts in terms of their predictable consequences. Holmes’ prediction theory was an account of law in terms of predictions of what judges will do. And Legal Realism focused on judicial behavior as determined by various factors including, in its most extreme and provocative version, breakfast quality and digestive processes. The paper does not ascertain whether the digestive view is true (to some extent); rather, it makes the working hypothesis that breakfast quality, or digestion quality, is not a sufficient condition of a certain outcome but, most likely, a bias-arouser.
Author /- ARTICLE /
Canonical Jurisprudence in the Kingdom of Bohemia in the Middle AgesDuring the High and Late Middle Ages, canon law played a crucial role. This study provides an overview of ecclesiastical legal scholarship in the Czech lands, i.e. in Bohemia (in the Archdiocese of Prague) and in Moravia (in the Diocese of Olomouc). The development of a legal jurisprudence went hand in hand with the development of ecclesiastical administration in the second half of the 14th century and in the early 15th century, which evolved into a compact system. An important factor in this was the establishment of Prague University, including the Law Faculty, in 1348, and also, in particular, the establishment of the separate Prague Law University in 1372. Amongst the major canonists who left work behind were Štěpán of Roudnice, Bohuslav of Krnov, Kuneš of Třebovle, Mikuláš Puchník, and Jan of Jesenice, amongst others.
- ARTICLE /
Fidic Force Majeure Clause from the Viewpoint of Serbian LawThe purpose of this paper is to present force majeure as stipulated in FIDIC forms, which are nowadays frequently in use when negotiating the conclusion of construction contracts concerning major projects. An important remark is that these forms have been greatly influenced by common law systems where operation of force majeure is dependent on the contractual definition and wording of the clause. On the other hand, the Serbian Law on Obligations contains its own understanding of force majeure-related concept, which might be amended in accordance with the principle of party autonomy. The paper further aims to elaborate on this interplay between these FIDIC forms and Serbian law. The conclusion is that the FIDIC force majeure clause represents an important contribution to the domestic regime, which does not expressly address scenarios with temporary impediments, which is necessary for successful completion of construction works.
- ARTICLE /
Enelarged Serbia: A Contribution to Consideration of Alternative Statehood Outcome in 1918The paper aims to explore alternative statehood options for Yugoslavia’s unification in 1918 and assess their potential success for Serbian interests. It falls within the realm of counterfactual analysis. The study draws on the economic theory of optimal nation size, which examines the pros and cons of larger nations, particularly the challenges posed by cultural diversity resulting from ethnolinguistic and religious differences. Five statehood alternatives have been identified, involving various degrees of Serbia’s territorial expansion. Empirical evidence from the 1921 population census demonstrates that options leading to larger nation size would increase population heterogeneity. The research identifies an optimal solution that balances benefits and costs.
- ARTICLE /
Agreement on Court Jurisdiction Pursuant to Brussels II ter Regulation and its Impact on the Jurisdiction of Other CourtsThe paper discusses the form of the agreement on the choice of court according to Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial disputes and the matters related to parental responsibility and on international child abduction (amendment) and impact agreement to the jurisdiction of other courts. The specificity of this agreement is the possibility of choosing a court in matters of family law, which was not previously possible. The goal of the study is to analyse the formal conditions for the validity of the agreement and to indicate its implementation in practice. The findings of the study showed the ways that the agreements on the choice of the competent court are concluded, and how to ensure their legal effect towards all courts in the European Union, i.e. their influence on the rules of lis pendens.
Author /- LEGISLATION REVIEW /
What is Self-Plagiarism?In today’s era of heightened sensitivity to plagiarism, self-plagiarism is gaining recognition as a distinct ethical concern within the global academic community. While plagiarism has undergone detailed conceptual analysis, the same cannot be said for self-plagiarism. This concise review seeks to address this gap by examining key aspects of this academic ethical issue, as outlined in Article 25 of the Code of Professional Ethics at the University of Belgrade. Through this conceptual analysis, it becomes apparent that the Code specifically condemns the narrower practice of “duplicate or dual publication” as ethically unacceptable. It is clear that self-plagiarism does not occur when an author transparently acknowledges their intention to republish or reuse their previously published or utilized work, including its constituent parts.
- Authors /
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PUBLISHED IN THE SAME YEAR /
“Digestive Jurisprudence” is the view that judicial decisions depend on what judges had for breakfast. The view is usually associated with Frank’s version of Legal Realism. The paper shows that, disputable as it is, that view comes from the philosophical background of Peirce’s pragmatism and the legal background of Holmes’ prediction theory. Peirce’s pragmatism was an account of concepts in terms of their predictable consequences. Holmes’ prediction theory was an account of law in terms of predictions of what judges will do. And Legal Realism focused on judicial behavior as determined by various factors including, in its most extreme and provocative version, breakfast quality and digestive processes. The paper does not ascertain whether the digestive view is true (to some extent); rather, it makes the working hypothesis that breakfast quality, or digestion quality, is not a sufficient condition of a certain outcome but, most likely, a bias-arouser.
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