Law, Pandemics and Ownership Restrictions
Summary
Excerpt
Table Of Contents
- Cover
- Title
- Copyright
- About the author
- About the book
- This eBook can be cited
- Table of Contents
- About the Authors
- Introductory Note on Law, Pandemics, and Ownership Restrictions (Jakub Handrlica)
- Selected Aspects of Crises and Their Solutions in Roman Law and Politics (V. Dvorský, D. Macek, M. Novák, K. Stloukalová and J. Ullmann)
- Selected Aspects of the Legal Regulations of Epidemics in the Czech Lands in the Period from the Nineteenth Century to the Year 1948 (T. Blažková and J. Šouša)
- Administrative Measures in the Times of Pandemics (J. Balounová and G. Prokopová)
- Ad Hoc Legislation: The Legal Dilemma behind the Customized Approach Towards Crisis Management (V. Sharp)
- Compensation for Damage Caused by State Measures Adopted to Combat a Pandemic (G. Blahoudková)
- Series Index
About the Authors
Jana Balounová holds a master’s degree in law from the Faculty of Law of University of West Bohemia and a juris doctor degree from the Faculty of Law of Charles University. She also holds a Ph.D. in Administrative Law and defended her doctoral thesis entitled “Legal concepts of Administrative Law restricting the Right to property.” Jana is a Senior Lecturer at the Faculty of Law of Charles University and at the Faculty of Law of University of West Bohemia.
Gabriela Blahoudková is a Junior Researcher at the Faculty of Law of Charles University. She is writing her doctoral thesis, titled “Liability of the State for Damages that Occured in Consequence of Extraordinary Pandemic Measures.”
Tereza Blažková is a graduate of the Faculty of Law of Charles University and a Junior Researcher at the Faculty of Law of Charles University. He focuses on the legal history of Czechoslovakia after 1945. Tereza is currently completing her doctoral thesis entitled “An Ideal or a Mirror? The Principles and ideas of the Constitution of 9th May and of the Constitution of 1960 and their Reflection in Civil and Criminal Law”.
Václav F. Dvorský is a Junior Researcher at the Faculty of Law of Charles University and at the Faculty of Law of KU Leuven. He is currently writing the doctoral thesis entitled “Depositum Irregulare and Similar Types of Deposite Contracts in Roman Law and in Later Historical Development.” Václav completed his master’s studies at Masaryk University in Brno while also spending two semesters at Georg-August University in Göttingen. His research interest are history and legal regulation of money and banking, Roman law of obligations and comparative law, especially in Central European context.
Jakub Handrlica is a Full Professor in Administrative Law at the Faculty of Law of Charles University, and also the head researcher of the project „Ownership and its Limitation in the Mirror of Legal Dualism“. Jakub graduated from the Faculty of Law of Charles University (master’s degree in law and juris doctor), where he later also received his Ph.D. in public law. Jakub also holds an LL.M. from Ruhr Universitat Bochum and a prestigious DSc. degree awarded by the Academy of Sciences of the Czech Republic as the highest national academic recognition. Jakub has authored and co-authored numerous books and other prominent publications indexed in WoS and Scopus databases.
←7 | 8→Dominik Macek is a Junior Researcher at the Faculty of Law of Charles University. He is writing his doctoral thesis, entitled “Romanistic Roots of the Recent Heritage Law in Central Europe.”
Marek Novák is an attorney-at-law based in Prague and a doctoral student at the Department of Legal History at the Faculty of Law of Charles University. In his legal practice, he mainly deals with civil, administrative, and religion law, and in his research and teaching activities he focuses on Roman law. His doctoral thesis concerns medieval reception of Roman law.
Gabriela Prokopová is a Lecturer at the Faculty of Law of Charles University. She is currently finishing her doctoral thesis entitled “Topical Issues of Legal Regulation of Audiovisual Media Services”.
Vladimír Sharp graduated from the Faculty of Law of Charles University, where he later received a juris doctor degree and where he’s currently pursuing a Ph.D. in the field of administrative law and administrative science. He’s also finishing an LL.M. program at Nottingham Law School (England, UK). In his non-academic career, Vladimir currently serves as a senior executive at the Ministry of Justice of the Czech Republic. Before joining the civil service, Vladimir worked at several major international law firms, providing legal counsel mainly in the field of state regulations, commercial and labor law, financial and insolvency law, and law of new technologies. He has authored and co-authored a number of publications including several books. Vladimir lectures at several universities and at the Judicial Academy of the Czech Republic.
Kamila Stloukalová is a Researcher at the Faculty of Law of Charles University. She holds a Ph.D. in Roman Law and defended her doctoral thesis entitled “Statics and Dynamics of the Roman Family.”
Jiří Šouša is graduate of the Faculty of Law of Charles University, where he subsequently passed a rigorous exam, completed his Ph.D. and after successful habilitation received the title of an Associate Professor. After graduation, in addition to the academic sphere, he also worked in legal practice (advocacy, Constitutional Court of the Czech Republic). He currently works at the Department of Legal History of the Faculty of Law of the University of Warsaw, and also teaches at the Faculty of Law of the University of Warsaw. From 2022, Jiří was appointed head of the Center for Legal Historical Studies of the Historical Institute of the Academy of Sciences of the Czech Republic and Charles University. Jiří participated in a number of grants and has authored a number of publications both ←8 | 9→nationally and abroad (Germany, Poland, Slovakia, Hungary, the Netherlands, etc.). His publication won the prize of The European Society for History of Law.
Jan Ullmann is a Researcher at the Faculty of Law of Charles University. He holds a Ph.D. in Roman Law and defended his doctoral thesis entitled “Development of Legal Framework of Religious Offenses and Offenses Against the State in Roman Law with Respect to the Procedural Law.”
Jakub Handrlica
Introductory Note on Law, Pandemics, and Ownership Restrictions
At the end of the year 2019, a research project has been initiated by a group of scholars of the Faculty of Law of Charles University in order to conduct research addressing the issue of ownership limitations from various perspectives of private and public law. Not only academicians, devoting their research to aspects of recent law, but also legal historians and scholars dealing with Roman Law have been participating in this endeavor. The fact is, however, that the original scheme of the projects was gravelly amended by the events, which followed in the years 2020–2022, that means with the global pandemics of COVID-19. When writing this introduction in September of 2022, the academic community is still waiting for the definitive end of this pandemic, which will hopefully follow soon.
The project envisaged by our research group has faced a considerable challenge, represented by a pandemic, which appeared to be global, without respecting any boundaries of the States and at the same time, imprisoning the States into their own borders and consequently, into their own national legal frameworks. In this respect, our research group has faced a question, which we decided to decipher and answer: Are the extraordinary pandemic measures, which have established considerable restrictions in ownership rights in various jurisdictions, a newly appeared phenomenon? Or do they represent a classic reply of a State to pandemics of large scale and grave consequences?
Luckily enough, our research team has been composed of academicians from various background and being active in various fields of research. The team has been not only composed from scholars, researching public and private law (J. Handrlica, G. Blahoudková, G. Prokopová, J. Balounová and V. Sharp), but also from scholars of Roman Law (K. Stloukalová, V. Dvorský, D. Macek, M. Novák and J. Ullmann) and those, being active in the field of legal history (T. Blažková and J. Šouša). Consequently, each of the various members of the teams were able to tackle the main research question from a different perspective of their own expertise. Having said this, this publication now represents a final outcome of the project entitled “Restrictions of Ownership Rights in the Mirror of Legal Dualism.”
The publication is divided into following chapters, each devoted to a specific aspect of ownership limitations from the perspective of pandemics.
←11 | 12→In the first chapter, entitled “Selected Aspects of Crises and Their Solutions in Roman Law and Politics”, a group of promising legal romanists is presenting an interesting study on historical parallels (not only) between the COVID-19 pandemics and the plague pandemics of the Roman period. Here, various sources of law are analyzed with the respect of ownership limitation, caused by extraordinary measures.
The second chapter, entitled “Selected Aspects of the Legal Regulations of Epidemics in the Czech Lands in the Period from the Nineteenth Century to the Year 1948” focuses on the topic from a purely national viewpoint of the Czech Lands, presenting historical parallels between COVID-19 measures and pandemic restrictions in the nineteenth and the first half of the twentieth century. Here, in particular the parallels between the pandemic of Spanish flu and the COVID-19 pandemics attracts attention and may be interesting for scholars beyond the field of law.
The third chapter, entitled “Administrative Measures in the Times of Pandemics” aims to address various forms of measures, that have appeared in order to cope with challenges arising from the COVID-19 pandemics. In several cases, such measures are of hybrid nature, which has been specially suited for particular aspect arising by appearance of the pandemic.
In the fourth chapter titled “Ad Hoc Legislation: The Legal Dilemma behind the Customized Approach Towards Crisis Management”, the author exposes the highly relevant concept of so-called tailor-made laws and analyses their role in the process of crisis management. The chapter offers classification of these laws based on different factors and definitional criteria, identifies the risks of individualized legislation, and proposes solution for their mitigation.
While the previous chapters have addressed various types of measures, which may potentially limit ownership rights in the period of pandemics, the final chapter entitled “Compensation for damage caused by state measures adopted to combat a pandemic” addresses the other side of the same coin, that means compensations of damages occurred from such measures. Also here, various historical parallels with the historical developments can be identified.
I hope the readers of this book will find our interdisciplinary approach to the very current topic interesting and useful for their own research. The ambition of this book is not only to present analysis of the topic from various viewpoints, but also initiate a comparative discussion We will be also glad for any remarks, or critical comments, which can be send to the editors of this book.
Professor Jakub Handrlica
Faculty of Law, Charles University
Details
- Pages
- 196
- ISBN (PDF)
- 9783631893074
- ISBN (ePUB)
- 9783631894071
- ISBN (Softcover)
- 9783631882023
- DOI
- 10.3726/b20422
- Language
- English
- Publication date
- 2023 (January)
- Keywords
- Law Ownership Pandemics Emergency measures Crisis management Tailor-made laws
- Published
- Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2022. 196 pp.
