- Research Article
4
- 10.51204/anali_pfbu_24405a
- Dec 26, 2024
- Anali Pravnog fakulteta u Beogradu
- Sandra Fabijanić Gagro
Artificial intelligence has already led to changes in education, and its influence will continue to grow. However, its implementation in education is not just about introducing new technologies – it requires reflection and the introduction of new educational practices, ethical considerations and the essential strengthening of critical thinking to properly evaluate the reliability of sources and the accuracy of information offered by artificial intelligence. This paper aims to highlight the positive and negative aspects of the use of artificial intelligence in education, focusing on the current challenges, especially ethical and legal ones. The regulatory environment in this field is becoming increasingly dynamic, either through the adaptation of existing or the adoption of new comprehensive laws and legal frameworks at both the national and international levels, to ensure the ethical, non-discriminatory, sustainable and verifiable use of artificial intelligence in education.
- Research Article
1
- 10.51204/anali_pfbu_24401a
- Dec 26, 2024
- Anali Pravnog fakulteta u Beogradu
- Jovan Bliznakovski
This paper examines the role of clientelism as a mobilization strategy in the Western Balkans, focusing on its interplay with other linkage strategies and its two primary sub-types: electoral and relational clientelism. Drawing on data from the Democratic Accountability and Linkages Project II (DALP II) expert survey, the study covers six party systems: Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia. The findings reveal that clientelism is one of the most frequently employed strategies in the region, characterized by durable linkages between parties, brokers, and voters, the distribution of public resources, significant use of negative inducements, and targeting across income groups. Relational clientelism, or patronage, emerges as the dominant form, extending beyond electoral goals to function as an organizing principle within party structures. This paper contributes to the understanding of clientelism in the region and highlights its implications for democratic accountability and governance.
- Research Article
- 10.51204/anali_pfbu_24303a
- Sep 28, 2024
- Anali Pravnog fakulteta u Beogradu
- Nikoletta Pikramenou + 1 more
In 2022 Greece became the fifth country in the world to ban harmful interventions and treatments on intersex infants and children. Previously, Malta, Portugal, Germany and Iceland also legally banned harmful interventions on intersex persons. A crucial difference between Greece and the rest of the aforementioned countries is that it is a Christian Orthodox country located in Southeastern Europe, on the Balkan Peninsula. Drawing from a contextual approach to law, in this comparative analysis the authors will use „contextuality“ to explore the meaning behind legal developments that took place in Greece regarding intersex rights and how they could potentially impact the overall situation of intersex rights in the Balkans. In addition, with this paper the authors seek to relocate the dominant focus of intersex rights from Western and Northern Europe with the aim to boost awareness of intersex issues in the Western Balkan region, especially Serbia.
- Research Article
- 10.51204/anali_pfbu_24305a
- Sep 28, 2024
- Anali Pravnog fakulteta u Beogradu
- Miloš Zdravković
The historical phenomenon of the Independent State of Croatia (NDH) is subjected to a basic legal theory analysis, which showed that this Nazi creation, at least to a minimal extent, possessed all the elements of statehood. On a large part of its territory, the Ustasha regime had a monopoly of physical force and was able to implement its basic political purposes. In this regard, the organization of terror against a large number of its inhabitants, which implied a completely new legislation, the formation of new judicial, police and other authorities, the organization of the camp system and railway transport, etc., proves a sufficient measure of the efficiency and regularity of the actions of the NDH state government. Such action produced wartime chaos, which eventually resulted in the loss of elements of statehood, with the creation of a new Yugoslav state in its territory.
- Research Article
1
- 10.51204/anali_pfbu_24304a
- Sep 28, 2024
- Anali Pravnog fakulteta u Beogradu
- Ksenija Džipković
A public promise of reward occurs when an individual publicly promises a reward to an unspecified number of people, achieving a certain outcome. Nevertheless, further discussion is limited without considering the applicable law. Legislators address in different ways the arousal of promisor’s obligation, its nature, and the mechanisms of protection for the performer’s interests. The cause of these drastic differences lies in the legislator’s (dis)approval of a unilateral declaration of intent as a source of obligation. If it is acknowledged that a unilateral declaration of intent can obligate the declarant, a public promise of reward is considered a unilateral legal act. This interpretation is upheld in Germanic, Swiss, and Italian law. Conversely, in legal systems where this view is not accepted, the public promise of a reward is treated as an offer to form a contract. Notable examples of such legal systems are the English and French laws.
- Research Article
3
- 10.51204/anali_pfbu_24302a
- Sep 28, 2024
- Anali Pravnog fakulteta u Beogradu
- Bojan Spaić + 1 more
Despite the widespread adoption of generative transformer large language models and the interest of the global legal community, discussions about the models in philosophy of law mainly have been focusing on what LLMs cannot do. In making the first steps towards a philosophical analysis of the capabilities of AI models in the field of law, we follow the basic idea of Turing’s „imitation game“. Proceeding from the frequently raised characterization of legal reasoning as „artificial“, the paper identifies the undisputed minimum core of the „artificiality“ thesis and asks to what extent it can be imitated by artificial intelligence. To answer this question, we test the legal reasoning capabilities of ChatGPT, the most advanced, up-to-date LLM version of artificial intelligence. The conclusion is that in all relevant types of activities usually associated with legal reasoning – fact-finding, interpretation, qualification, and decision-making – ChatGPT can generate outcomes as if it reasons legally.
- Research Article
2
- 10.51204/anali_pfbu_24301a
- Sep 28, 2024
- Anali Pravnog fakulteta u Beogradu
- Ivana Jelić
Women from ethnic, national, religious, and cultural minorities face distinct legal challenges in their struggle for gender equality. They are at constant risk of multiple discrimination as minority women, particularly with regard to their identity and religious rights. This is evident in matters of inheritance, wearing religious items in public, and issues related to sexual and domestic violence. International approaches to this problem are fragmented, with the ECtHR, UN HRC, and other international human rights bodies taking different approaches. This article will critically discuss the status of minority women’s rights in the jurisprudence of the ECtHR and will reflect on what the Court could learn from the practices of the UN HRC and other international human rights bodies.
- Research Article
- 10.51204/anali_pfbu_24306a
- Sep 28, 2024
- Anali Pravnog fakulteta u Beogradu
- Nikola Bodiroga
The paper explores the review of decisions on the election to judicial functions. The candidate may file an appeal on the decision on the election to the judicial function to the Constitutional Court within 15 days from the day of the publication of the decision in the Official Gazette of the Republic of Serbia, which excludes the right to submit a constitutional appeal. Appeal to the Constitutional Court suspends the enforcement of the decision, which means that the elected candidate cannot take office before the appeal is decided. The scope of the Constitutional Court review has been limited to proper execution of powers by the High Judicial Council, following procedure provided for in the Law on Judges and the quality of reasoning in decisions on the election to the judicial function. So far, all appeals submitted to the Constitutional Court have been dismissed as manifestly ill-founded.
- Research Article
- 10.51204/anali_pfbu_24205a
- Jun 27, 2024
- Anali Pravnog fakulteta u Beogradu
- Svetislav Janković
The paper considers the sense of using the blank promissory note as a means of securing of consumer loan, while also questioning its purpose as means of security. The initial hypothesis is the legal absurdity of the same person being a debtor under the two different legal basis – promissory note and consumer loan. The same person is the guarantor for themselves – by signing the blank note they guarantee the performance of the consumer loan contract. That arrangement seems tautological having in mind that the same person, through two legal basis but with the same property, guarantees the performance of the underlying contract manifested in a consumer loan. This is the core proof of the absurdity of using the blank promissory note as collateral security.
- Research Article
- 10.51204/anali_pfbu_24204a
- Jun 27, 2024
- Anali Pravnog fakulteta u Beogradu
- Boris Begović
The paper proposes several key questions that should be unavoidable in the research on history of economic sanctions. Four key questions are identified. The first one is what the aim of the sanctions is; what are they supposed to achieve? The second question relates to the mechanisms of sanctions. The third question is, are sanctions effective, i.e. do they produce economic impact and what is its magnitude? The fourth question is, are sanctions efficient, i.e. has the aim been achieved? All these questions are further developed into several more specific questions. Crucial methodological obstacles to answering all these questions are identified and guidelines for overcoming them are provided. The answers to the proposed key questions should be only the starting point in research on history of economic sanctions. Some preliminary answers to these questions were given for the case of February 2022 sanctions against Russia, imposed after it invaded Ukraine.