An ideological impasse: homosexuality and legal reforms in postwar socialist Yugoslavia (1945–51)
ABSTRACT The article tracks the debates on the legal status of homosexuality in the post-revolutionary years in socialist Yugoslavia, from 1945 until 1951. Two divergent solutions emerged from the discussions between the communist-led institutions and various legal experts. The first, based on the Marxist drive towards egalitarianism and socialist modernity, proposed a complete decriminalization of same-sex sexual acts. The second, marked by similar ideological underpinnings, but emphasizing collectivist and populist aspects of Communism, called for keeping homosexuality illegal. After an extensive and lengthy debate, the latter perspective prevailed in the 1951 Criminal Code and ‘unnatural fornication’ remained illegal. Nevertheless, important steps were made in decreasing the repressive policies against homosexuality. During this period, major anti-homosexual trials took place in Zagreb and other cities, marking those years as the most repressive against homosexuals in the entire Yugoslav twentieth century.
- Abstract
- 10.1016/j.fertnstert.2005.07.930
- Sep 1, 2005
- Fertility and Sterility
Gestational Surrogacy: Consistent Laws are Necessary to Provide Effective Treatment
- Research Article
8
- 10.55908/sdgs.v11i10.1854
- Oct 30, 2023
- Journal of Law and Sustainable Development
Objective: This research delves into the multifaceted realm of legal reform, aiming to dissect its complexities, identify influencing factors, and evaluate its impact on society. By conducting a comprehensive analysis, the objective is to provide a thorough understanding of how legal changes occur and their implications for various stakeholders. Specifically, the research seeks to explore the theoretical foundations of legal reform, scrutinize political, social, and economic factors shaping legal reform processes, assess challenges and consequences, and offer recommendations to enhance the effectiveness of legal reforms in Ukraine and beyond. Methods: To achieve the research objectives, a diverse range of research methods and materials are employed. These include an extensive review of existing literature, in-depth case studies, qualitative interviews with key stakeholders, quantitative analysis of sociopolitical and economic data, and comparative studies of legal reform dynamics across different contexts. This multifaceted approach ensures a comprehensive exploration of legal reform processes and their societal impact. Results: The research findings reveal the intricate nature of legal reform, shedding light on the role of political institutions and actors in shaping reform initiatives. It highlights the significance of political stability, ideological perspectives, and the presence of political will in determining the feasibility and success of legal changes. Moreover, the research underscores the crucial role of social factors, including public awareness, civil society engagement, and cultural values, in influencing the direction and priorities of legal reform. Economic factors are shown to be closely linked to legal reform, with economic development, property rights protection, and economic inequality influencing the outcomes of legal changes. The study also uncovers the challenges associated with legal reform, emphasizing the importance of coordination among branches of government, building institutional capacity, and mitigating unforeseen consequences and risks. Conclusions: In conclusion, this research underscores the complex and dynamic nature of legal reform processes, where political, social, and economic factors interact intricately. The study offers a series of recommendations to enhance the effectiveness of legal reforms. These include fostering political stability and commitment, increasing public awareness and participation, promoting the rule of law and anti-corruption measures, addressing socioeconomic inequality, and strengthening international cooperation. The research provides valuable insights into the multifaceted world of legal reform, serving as a guide for policymakers, legal experts, and researchers in Ukraine and beyond, ultimately contributing to the creation of a more just, transparent, and efficient legal system that aligns with the needs and aspirations of society.
- Research Article
18
- 10.21301/eap.v12i2.9
- Dec 5, 2021
- Etnoantropološki problemi / Issues in Ethnology and Anthropology
The object of analysis is a TV-series "Theatre at home", which had a long TV-life (three seasons in 1970ies and two in 1980ies) and was one of the most popular series in the socialist Yugoslavia. The series covers daily life in an ordinary Yugoslav family, based in Belgrade, and the plot is built around the humorously articulated tensions and conflicts between the main protagonist and his mother in law who lives with him, his wife and their son. The material analysed includes the episodes of the three seasons broadcasted during the seventies (1972, 1973, 1975), written sources (newspaper articles about the TV show and its main protagonists and archival documents related to the author of the show Novak Novak) and secondary literature related to the development of Yugoslav RTV. Relying on theoretical and methodological propositions of Lilla Abu Lughod on the relationship between production, distribution and consumption of TV-serials and broader processes as building of a nation, modernization or urbanization, I try to show how the TV-series "Theatre at home" simultaneously described and proscribed how the socialist modern life in Yugoslavia should look like, thus serving as an implicit tool of social pedagogy. At the same time, it offered an opportunity for the audience-consumers-citizens to engage with the "real" achievements and manifestations of the socialist modernity represented in the series, which thus came to be continuously re-evaluated and historically situated.
- Book Chapter
- 10.4337/9781802202434.00011
- Jan 1, 2022
This chapter identifies two reasons for incomplete IIAs: strong protectionism and lack of institutional capacity. Both substantially increase transaction costs and result in incompleteness far below the optimum level. First, protectionist motives, lobbying, and host countries' ongoing legal reforms are arguably the main reasons for incomplete IIAs. A strong preference for gradual, rather than rapid, market openings by host countries' legislative bodies can induce negotiation teams to leave their IIAs incomplete. Lobbying activities by protected industries in host nations make difficult for a negotiation team to conclude a complete version of an IIA. Moreover, complications arising from ongoing legal reforms in host countries, such as examining and sorting out unsettled domestic measures, further challenge the completion of IIAs. In addition to protectionism, a lack of institutional capacity, both failures in intra-government coordination and cooperation as well as a concomitant lack of legal and technical expertise, causes incomplete IIAs. First, limited coordination and cooperation between a negotiation team and line ministries result in incomplete IIAs. The negotiation team may leave agreements incomplete because the ministries do not (or cannot) timely comply with a team's requests for information. Many ongoing bilateral and multilateral negotiations have deadlines, and line ministries have difficulties completing all requested tasks on time. Another problem is the lack of legal and technical expertise. Many host countries, particularly developing countries, lack sufficient legal expertise and have trouble understanding the legal consequences of modifying the terms of an IIA. This chapter analyzes the reasons for the absence of legal expertise, including staff turnover, a lack of human resources, and an inability to hire legal counsel.
- Research Article
3
- 10.59001/pjls.v1i1.22
- Jun 4, 2022
- Peradaban Journal of Law and Society
The development legal theory and progressive legal theory are legal theories that are widely known in Indonesia. Both of them have inspired many legal experts and legal actors in Indonesia. The slow pace of legal reform in Indonesia, especially in eradicating corruption, is a big challenge that this nation must face. Therefore, the contribution of various parties is needed to answer the challenge. This article attempts to review the development legal theory and progressive legal theory in the context of legal reform in Indonesia. The study finds that both theories are very relevant to the current development of law in Indonesia. From the perspective of development legal theory, legal reform must be carried out by formulating laws that can encourage community transformation. On the other hand, the progressive legal theory emphasizes reforms in legal institutions and individual law enforcers. The law must be carried out by actors who have integrity and dare to take methods of a legal settlement that are out of the ordinary while remaining oriented and committed to the values of justice and humanity.
- Research Article
2
- 10.2298/zmsdn1660735n
- Jan 1, 2016
- Proceedings for Social Sciences Matica Srpska
In this paper the author analyzed and described the most important systemic causes of the process of deindustrialization and the disappearance of the working class in Serbia. The initial hypothesis was: a process of deindustrialization was determined by systemic factors, i.e. the character of the new ruling class, the range of models of transition and privatization, and the place of the country in the world capitalist system. It was also influenced by the character of trade union organizations, and both old and new forms of workers? resistance to the loss of economic and social rights. In the first part of the paper were studied the characteristics of industrialization and the working class before the transition, specific features of capitalist and socialist modernization, industrialization and urbanization in socialist Yugoslavia and Serbia. A special attention was paid to the financial status, characteristics and structure of the working class before the transition. The second part is devoted to the problems of transition, privatization and deindustrialization in Serbia over the last quarter of a century. The author pointed to the most important subjects of social transition, their social power and influence over the selection and implementation of a specific model of privatization. They have a decisive role in the destruction of the old and the emergence of the new social structure of society in the periphery of the capitalist system. It is particularly emphasized that privatization led to deindustrialization of Serbia and deterioration of the working class. Finally, the author concluded that during the transition public property was destroyedas well as the most important economic and industrial activities, and the working class was systematically marginalized. An agrarian society was created, without material and other assets to continue modernization and democratic processes.
- Single Book
15
- 10.1093/acprof:oso/9780195388312.001.0001
- Sep 11, 2009
Since opening to foreign investment in 1979, China has emerged as the leading investment site for multinational corporations. This book looks beyond the macroeconomic effects of China’s investment boom to analyze how foreign investors from the US, Japan, and other nations are shaping China’s legal, labor, and business reforms. The book draws on interviews with nearly 100 foreign and local managers, attorneys, workers, and members of the business community to explain why Chinese laborers and firms have gravitated toward foreign models, especially US businesses and their institutions. The book uses the term “state-guided globalization” to describe how China has used foreign engagement to advance its domestic reform objectives and to enhance its role in international society. Rather than undermining state power, globalization actually has allowed China’s state to push through difficult labor and legal reforms. The book concludes that Chinese policy makers drew lessons from foreign investors and foreign legal experts on how to introduce difficult labor market reforms in its state-owned enterprises and how to promote rule of law. The book examines globalization and foreign investment in a different light, showing how these developments have helped to chart China’s entry into international society. China’s World Trade Organization (WTO) accession agreement and international norms have established parameters by which to judge Chinese legal and business reforms. Although China’s rise is a grave concern to the world, the book asserts that Chinese leaders now see compliance with international rules as a means to secure more investment and to enhance their international legitimacy. The book analyzes how foreign and domestic actors, from political leaders to average laborers, have contributed to remaking China’s institutions.
- Research Article
- 10.59613/t5yrm438
- Oct 28, 2024
- The Journal of Academic Science
This article addresses the evolving challenges in international trade law as the global economic landscape undergoes significant transformations. With the rise of new economic powers, technological advancements, and increasing geopolitical tensions, the traditional frameworks of trade law are being tested. The article explores key emerging issues, including the impact of digital trade, protectionism, and shifting multilateral trade agreements, on international trade regulation. It examines how countries are adapting their legal frameworks to address disputes arising from cross-border e-commerce, intellectual property rights in the digital age, and the growing role of data protection in trade agreements. Additionally, the article analyzes the rise of regional trade agreements and how these challenge the authority of multilateral organizations like the World Trade Organization (WTO). The role of trade law in addressing environmental concerns, such as carbon border taxes and sustainability standards, is also critically assessed. The study highlights the need for reforms in international trade law to accommodate these challenges while maintaining fairness and promoting global economic cooperation. By drawing on recent case studies and legal reforms, the article provides insight into how legal systems are evolving to manage conflicts in a fragmented global trade environment. It concludes by suggesting that policymakers and legal experts must collaborate to create flexible yet robust frameworks that can respond to the rapidly changing realities of international trade, ensuring legal certainty and fairness in an increasingly interconnected world.
- Research Article
- 10.64252/nv33gh58
- Jul 26, 2025
- International Journal of Environmental Sciences
As a substitute for conventional court procedures, arbitration is essential in India and helps lighten the judiciary's burden of cases. The Notaries Act of 1952's Section 8(hb) permits notaries to act as arbitrators, mediators, and conciliators in addition to authenticating documents. This article emphasizes how notaries can serve as impartial Institutional arbitrators, especially in commercial and environmental disputes that frequently have overlapping financial and legal ramifications. Notaries are legal experts who are appointed by the federal or state governments. They are qualified to resolve disputes because of their proficiency in document authentication, verification, and legal analysis. Their comprehension of both substantive and procedural law enables them to make decisions that are impartial and equitable. Particularly in rural and semi-urban areas with few institutional arbitration centers, notaries can increase access to arbitration. Their presence implies a speedier, legally sound, and easily accessible resolution of property, business contract, and financial disputes. Additionally, their dual function as mediators and conciliators facilitates early settlements and avoids protracted litigation. Notwithstanding these advantages, there are a number of drawbacks: notaries frequently lack the specialized training that more seasoned judges or arbitrators have, and the extent of their arbitral authority is still legally ambiguous. Legal reforms must explicitly outline the duties of notaries in arbitration and offer a methodical training and certification process to guarantee proficiency and uniformity. India's institutional framework for resolving disputes can be greatly strengthened by including notaries in formal arbitration procedures. Empowering notaries can result in more effective, accessible, and timely dispute resolution as the use of alternative dispute resolution (ADR) procedures grows. It can also reduce the workload for the judiciary and increase the effectiveness of the legal system as a whole. Using data from an empirical study carried out in the state of West Bengal, this article examines the changing role of notaries in settling commercial and environmental disputes. Surveys of advocates and notaries were used in the study to learn about their perspectives, experiences, and the practical challenges faced in the arbitration process.
- Conference Article
- 10.20472/iac.2018.040.040
- Jan 1, 2018
On May 24, 2017 Taiwan?s Constitutional Court ruled in favor of allowing same-sex marriage, paving the way for Taiwan to become the first jurisdiction in Asia to legalize same-sex marriage and cementing its status as a beacon for LGBT rights. The Constitutional Court found that Taiwan Civil Code failed to provide two persons of the same gender the right to create a permanent union of intimate and exclusive nature, and such failure violated constitutional guarantees on freedom of marriage. Taiwan?s parliament has two years to amend or enact laws addressing same-sex unions, otherwise gay couples will automatically be allowed to register under the current framework. As above court ruling made activists for LGBT rights proud and excited, how legal experts and lay people in Taiwan see the issue of same-sex marriage is worth exploring. Just a few months before this milestone judicial decision, the author was commissioned by Taiwan Department of Justice to draft Same-sex Civil Partnership Act (the Draft) under the consideration of potential social impact. In this capacity, sessions of focus group discussion were conducted, which consisted experts including family court judges, lawyers and advocates for LGBT rights and children's rights. And in-depth interviews with family law professors were completed to make the content of the Draft comprehensive and the wording more precise. Finally, based upon the theory of deliberative democracy, civil consensus conferences were held in four different cities in Taiwan to dialogue with the public in general on the topic of same-sex unions. The results of this research project reconfirms the diversity of opinions in the Taiwanese society. However, it is revealed that Taiwan's dynamic civil society is the basis for LGBT social movements and the later legal reform. It is also discovered that, to equalize the rights of same-sex partnerships to heterosexual marriages as much as possible is probably the position agreed by most participants of this project.
- Research Article
- 10.22373/ujhk.v7i2.25971
- Dec 31, 2024
- El-Usrah: Jurnal Hukum Keluarga
This research investigates the legal protection available for domestic violence (KDRT) victims within unregistered marriages (nikah siri) in Indonesia. It assesses the difficulties arising from the lack of formal recognition for these marriages and evaluates how Maqāṣid al-sharī’ah principles can improve legal protection and fill existing gaps in Indonesian law. The study proposes integrating Indonesian marriage law principles with national frameworks to enhance victim protection. A qualitative approach is used, including descriptive analysis of legal documents, case studies, and jurisprudential interpretations. Data were gathered through literature reviews, document analysis, and interviews with legal experts. The focus is on how Maqāṣid al-sharī’ah principles apply to Indonesian domestic violence laws and the role of itsbat nikah in providing legal remedies. Findings indicate that Indonesia's current legal system inadequately supports victims of unregistered marriages, creating significant barriers to justice and protection. The research underscores that Maqāṣid al-sharī’ah ’s focus on safeguarding life and lineage can form a solid basis for legal reforms. Itsbat nikah is identified as a key solution for officially recognizing these marriages and enhancing legal safeguards. This research is distinctive in merging Maqāṣid al-sharī’ah with Indonesian law, presenting a fresh perspective on improving legal protection for victims in unregistered marriages. By aligning Islamic principles with modern legal practices, the study offers a framework to better support and protect victims. The study's implications suggest that integrating Maqāṣid al-sharī’ah into legal reforms could strengthen protections and foster a more inclusive legal system.
- Research Article
- 10.33756/eslaj.v7i1.29299
- Jan 20, 2025
- Estudiante Law Journal
The distribution of inheritance for adopted children in Islamic inheritance and civil law in Indonesia is a complex and multidimensional issue, reflecting the dynamics between the principles of religious law and the development of modern secular law. This study aims to analyze the position of adopted children in the Islamic inheritance system and civil law, and to identify the challenges and integrative solutions needed to protect their rights. The method used is qualitative with a descriptive-analytical approach, through literature studies, interviews with legal experts, and analysis of relevant laws and regulations. The results of the study indicate that traditional Islamic law does not automatically recognize adopted children as heirs, except through special mechanisms such as wills, while civil law provides greater flexibility by recognizing the inheritance rights of adopted children as equal to biological children. This difference gives rise to legal conflicts, especially in families that integrate the two legal systems. In addition to legal aspects, social and ethical factors such as cultural stigma also influence the acceptance of adopted children's inheritance rights. This study recommends harmonization between Islamic law and civil law through legal reform and constructive dialogue between stakeholders, as well as increasing education and public awareness regarding the rights of adopted children in inheritance. Thus, it is hoped that a more just and inclusive legal system will be created, which is able to protect the rights of adopted children while maintaining the basic principles of Islamic law.
- Research Article
- 10.56294/saludcyt20251059
- Jan 1, 2025
- Salud, Ciencia y Tecnología
Introduction: The Republic of China has experienced significant changes in its marriage and family systems, with traditional Confucian values dominating. Legal reforms, social modernization, and cultural shifts have challenged these conventions, leading to debates about women's rights, marriage autonomy, and family dynamics. This research, analyzed the historical context of women's marriage in the Republic of China, revealing the influence of cultural norms, socio-legal frameworks, and gender expectations on women's experiences and challenges.Objective: The study highlights the evolution of marriage laws, the impact of Confucian principles on gender roles, and societal pressures faced by women. The study provides insights into the in progress dialogue about the rights of women and family dynamics during the Republic of China era. Method: Data from the china general social survey examines how perceptions of gender, job security, and work flexibility influence work-family conflictsand marriage issues, purposely job intrusive with family and family intrusive with job. 350 participants were collected aged 22 to 27. This study investigated the Statistical techniques. Tools included a multiple linear regression analysis, paired T-test, and a chi-square test. Result: The comprehensive analysis reveals the tension between familial expectations and career aspirations among contemporary Chinese women also contributes valuable insights into gender roles, work-family balance, and the evolving nature of women's rights and societal expectations.Conclusion: This study contributes valuable insights into the nature of women’s rights and social expectations in the Republic of China era and beyond, emphasizing the significance of understanding gender dynamics in the circumstance of marriage and family
- Research Article
- 10.21564/2414-990x.152.226089
- Mar 29, 2021
- Problems of Legality
In connection with Ukraine’s European integration intentions, there is a need to update the procedural codes. The new Code of Administrative Procedure contains numerous novelties, in particular, the range of other participants in the trial has been expanded. This issue is relevant given the role of experts in the trial.
 The Code of Administrative Procedure defines the legal status of an expert whose task is to promote effective justice. For the court, its opinion is of a recommendatory nature, because the final decision is made by the judge. A novelty of the Code of Administrative Procedure is that the participants in the process have the right to provide an expert opinion and such an opinion is equivalent to the opinion of an expert appointed by the court. 
 In our opinion, such a novelty is a positive step forward. It should be noted that it is due to the expertise special knowledge is used and public legal disputes are effectively resolved. It is the expert who uses scientific and technical means to establish the circumstances that are relevant to the trial and thus promotes effective justice.
 A new participant in the administrative process is a legal expert. The Code of Administrative Procedure of Ukraine determines the procedural status of this participant. This must be a person who has a scientific degree and is a recognized specialist in the field of law. However, the Code of Administrative Procedure of Ukraine does not specify which scientific degree it should be. This should be either a candidate of law or a doctor of law. In addition, the legal structure of "recognized specialist in the field of law" is debatable. The Code of Administrative Procedure of Ukraine gives the participants the right to submit to the court the opinion of such an expert.
 It should be noted that the opinion of a legal expert is not evidence, is ancillary in nature and is not binding on the court. The judge's task is to draw an independent conclusion in fact. A legal expert does not replace a judge. However, in its decision, the court may refer to the opinion of a legal expert as a source of information that is contained therein.
 The legal expert provides an opinion on a limited list of issues. However, judges have difficulties with the application of the analogy of law and norms of foreign law. Ultimately, this leads to a review and reversal of a judgment. Therefore, we consider that legal experts should be highly professional scholars who are able to provide effective assistance to judges in public legal disputes resolving.
 Some practitioners consider that it is important for the court not only to have the opinion of a scientist, but also a lawyer-practitioner, who, although he does not have a scientific degree, but has practical experience and can provide appropriate recommendations for public legal disputes resolving. We do not agree with this opinion, as we consider that only a scientist can provide qualified assistance to a judge in public legal dispute resolving. Instead, a legal practitioner should make recommendations for a judge to resolve a relevant public legal dispute.
 It is advisable to expand the circle of other participants in the trial. Both the expert and the legal expert contribute to the rule of law principles in the administration of justice.
- Research Article
- 10.47078/2025.2.265-306
- Dec 6, 2025
- Central European Journal of Comparative Law
The development of civil and commercial law in Bosnia and Herzegovina has been deeply shaped by its complex political history, spanning five key periods: Ottoman rule, the Austro-Hungarian administration, the Kingdom of Yugoslavia, socialist Yugoslavia, and the post-independence era. Civil law evolved through a blend of old legal traditions and the Austrian Civil Code, while commercial law had continuity in codification, dating back to the late Ottoman period. The socialist period interrupted legal continuity, introducing new laws that partly remain in modern Bosnia and Herzegovina. Most of these socialist laws were replaced relatively quickly by new legislation. However, due to the new constitutional structure, this new civil and commercial legislation was not adopted at the state level, but at a lower - entity level. Today, civil law codification remains off the agenda, and commercial law continues to evolve in a fragmented way, leading to inconsistencies across jurisdictions. Broader constitutional and political crises continue to divert attention from crucial legal and economic reforms necessary for EU integration and international support.
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