Publisher: Wydawnictwo Uniwersytetu Śląskiego

Private and public aspects in the civil procedure in the light of works on the codification in Poland (1918–1964). A legal-historical study

Elementy prywatne i publiczne w procesie cywilnym w świetle prac kodyfikacyjnych w Polsce (1918–1964). Studium historycznoprawne

Author(s): Anna Stawarska-Rippel / Language(s): Polish

Keywords: civil procedure; Second Polish Republic; Polish People’s Republic; the evolution of the civil procedure; comparative; Soviet law; codification; private aspects; public aspects; Codification Committee

The past century in Poland had witnessed significant regime changes which resulted in the subsequent codification, decodification and recodification of the law, which, as far as the civil procedure is concerned – following substantial changes resulting from the third political transformation in the 20th century – has remained in effect until the present day. The following monograph is devoted to the history of codification of the Polish civil procedure, mapped against the backdrop of the evolution of this particular branch of law in Europe and the subsequent “revolution” in Poland, following the Second World War, taking into account its patterns as well as its reach in the remaining countries governed by people’s democracy. The author considers the topic from the perspective of the private and public aspects of the civil procedure, which have a profound impact on the shape and content of the Code of Civil Procedure. The monograph touches upon the works on the codification that were attempted twice in the history of the Polish civil procedure and discusses the model of civil litigation with the focus on the aspect of delineating the relationship between the individual and the state. // The two main chapters of the monograph have been preceded by comprehensive introductions, which provide the legal-historical, comparative, and theoretical background for the primary argument. In those parts of the monograph, the author discusses the evolution of the civil procedure in Western Europe in the 19th and 20th century, the specifics of the peculiar socialist civil procedure, as well as the means of recourse against judgments in the civil proceedings in the context of the interests of both the state and the individual. // In the discussion concerning the processes undertaken even before the creation of the Codification Committee in 1919, the author conducts a comparative legal analysis of the problem of the principal rules of the civil procedure as well as minute details which have fundamental bearing on the model of the Code of Civil Procedure. The following argument focuses on the efforts of the Codification Committee, unprecedented both in Europe and the entire world. At that time, the primary goal of the government was integration of the Polish lands, divided by partitions and restoration of the Polish sovereignty. As a result of the efforts of the Codification Committee of the Second Polish Republic, the first Polish Code of Civil Procedure was created (1930); this original work, the fruit of long-term efforts of the most distinguished Polish legal experts, was, in fact, an in-depth comparative study. The interwar codifiers analysed not only the civil procedures in force in Poland: Russian (1864), German (1877), Austrian (1895) and Hungarian (1911), but also the most significant civil procedures in Europe, including the civil procedure of the Swiss cantons of Zurich (1913) and Bern (1918), as well as the civil procedure of Italy (1865), Greece (1834) and, in part, England (1873–1873), despite its relative lack of significance due to the fundamental differences between the common law and the continental law. The first drafts of Code of the Civil Procedure were distinctive due to their attempts to include a fair number of the public aspects in the civil proceedings, which was also characteristic of the evolution of the civil procedure in Europe at that time and was intended as a remedy for the shortcomings of the civil jurisdiction. However, the final draft of the Code did not include several pioneering, innovative concepts which concerned preparatory proceedings, abuse of rules of procedure clause, obligation of truthfulness, the discretional power of the judge, evidence proceedings, as well as the construction of an obligatory replay to the statement of claim and default judgment. Several other significant changes, which severely misrepresented the initial intentions of the codifiers, were implemented at the governmental stage of development. The omission of the proposed institutions was caused by the desire to preserve the golden mean, which was modelled after the Austrian civil procedure to an extent. On the other hand, the governmental changes were characterised by the urge to make the first Polish Code of Civil Procedure more similar to the Russian legislation, which resulted from the pressure and protests of the lawyers coming from the former Congress Poland. // The necessity of making the civil procedure more flexible as well as making their forms more simple and the amount of regulation more reasonable, along with various other problems discussed within the framework of the civil procedural law by the Codification Committee of the Second Polish Republic, is discussed until this day, in the context of numerous changes following the political transformation and the necessity of drafting a new – third – Code of Civil Procedure. // The preservation of formal but at the same time critical and selective legal continuity in the first years of the Polish People’s Republic resulted in the necessity of revision of the inherited law and restructuring of its tenets to reflect the socialist agenda. Implementation of the Soviet ideas of difference and protection of property as well as planned economy resulted in weakening of the civil procedural law and the increased importance of the administrative law. In this context, the monograph touches upon the problems of that time, concerning restrictions on the civil procedure (non-litigious proceedings, state arbitration). The transformation of the political and legal system in countries governed by people’s democracy resulted in significant and forced unification of adjective law. This involuntary unification was conducted in a very short time. The situation was similar in the USSR, where, on the basis of the authority of the Soviet Union with regard to establishing the foundations of the judicial system and legal proceedings, as well as the civil and penal law–introduced by the resolution of the Supreme Soviet of the Soviet Union of February 11th, 1957–the law was unified in all the federal republics, according to the USSR legislation. // The circumstances surrounding the drafting of the Polish Act of July 20th, 1950 and its content, which constituted, in fact, decodification of the civil procedure, have been discussed in comparison with the changes taking place in the civil procedure in Czechoslovakia, Bulgaria and Hungary at that time. The draft of the new code proposed by the Department of Justice (1955) further eroded the first Polish Code of Civil Procedure; however, ultimately, the project was not implemented. // Following the establishment of the Codification Committee in 1956, the codification efforts were characterised by relative leniency caused by comparative liberalisation connected with the change in the political climate (1956), and strictly substantial discussion based on comparative analysis that transcended the boundaries of the socialist law and thoroughly discussed the essence of the civil procedure in the light of its development. The effect of those proceedings was a satisfactory first draft of the new code (1960), which had hallmarks of evolution. This draft was later subject to changes in the second draft and later in the governmental and parliamentary stages of the codification work, until finally the second Polish Code of Civil Procedure (1964) was passed, in accordance with the political principles of the time. // The chapter devoted to the private and public aspects in the system of recourse against judgments, the author discusses the problem of the character of the appeal and the character of the third instance made by the Codification Committee of the Second Polish Republic. Next, in the context of the Soviet model and the new legal regulations in Czechoslovakia, Hungary, Bulgaria and East Germany, the author discusses the issues of the appeal and the extraordinary appeal against a final judgment as well as the possibility of challenging judgments in force by the state authority in the Polish People’s Republic starting with the amendment of July 20th, 1950, through the drafts of the Code of Civil Procedure, their critique and implemented changes, to the passing of the Code (1964). // The history of codification of the civil procedure in the Second Polish Republic and Polish People’s Republic, regardless of the motivation, illustrates the phenomenon in which the final draft of the act differs significantly–usually for the worse–from the initial premises and conceptions established by the experts who worked on the first draft for a prolonged period of time.

“Where the land ends and the sea begins”. Essays of Poland and Portugal

„Gdzie ziemia się kończy, a morze zaczyna”. Szkice polsko-portugalskie

Author(s): Magdalena Bąk,Lidia Romaniszyn-Ziomek / Language(s): Polish

Keywords: compounds Polish-Portuguese; fado; Portugal; Lisbon; Polish literature

This volume presents a collection of essays which deal with Polish-Portuguese literary connections. It aims at bringing back selected Polish texts, representing various literary genres and types of writing, whose authors refer to elements drawn from the Portuguese history, culture, art, and literature or focus on the geography, topography and architecture of this land, situated at the very edge of Europe. The works discussed in this volume include writings of such authors as: Aleksander Przezdziecki, Adolf Pawiński, Zygmunt Bytkowski, Maria Danilewicz-Zielińska, Franciszek Ziejka, Renata Gorczyńska, Zbigniew Kadłubek, Marcin Kydryński and Magdalena Starzycka. The aim is to identify how Polish writers of the nineteenth, twentieth and twenty-first centuries perceived Portugal and to establish the reasons why they referred to it. The Polish perspective dominates throughout the volume, since it is the Polish perception of Portugal that is the object of reflection here. There is one exception to this rule, though. A separate chapter is devoted to the reaction of the Portuguese to the January Uprising. Confident that their unrestrained and intense response merits a mention, the authors include its short presentation in this collection of Polish-Portuguese essays. The increased interest in the land situated at the far end of Europe, demonstrated by nineteenth century Polish writers, is thus placed in a broader context, which shows that this was by no means a one-way involvement.

Understanding of the system in post-Kantian philosophy

Rozumienie systemu w filozofii pokantowskiej

Author(s): Andrzej J. Noras / Language(s): Polish

Keywords: neo-Kantian philosophy; closed system; open system

Understanding of the system of philosophy constitutes one of the fundamental problems of post-Kantian philosophy, which has undoubtedly been influenced by German idealism. Hegel's philospophy, which concludes this period, constitutes the peak of systemic thinking, and at the same time becomes a pretext for crtiticism of this way of thinking. This determines a peculiar position of neo-Kantian philosophy, whereby, on the one hand, it defends the thesis that scientific philosophy must take the form of the system, on the other hand — its representatives are aware of the impossibility of maintaining the Hegelian understanding of the system. The present book is an attempt at demonstrating these efforts.

The Kamieniecki family, bearers of the Pilawa coat of arms. The history of the career and advancement of the Polish nobility until 1535/1536

Kamienieccy herbu Pilawa. Z dziejów kariery i awansu szlachty polskiej do 1535/1536 roku

Author(s): Katarzyna Niemczyk-Wiśniewska / Language(s): Polish

Keywords: the Kamieniecki family; Jan Olbracht; Aleksander Jagiellończyk; noble family

The book entitled “The Kamieniecki family, bearers of the Pilawa coat of arms. The history of the career and advancement of the Polish nobility until 1535 / 1536” is devoted to the Kamieniecki family – Polish magnates of the late medieval period and the early modern period. The author presents the path of their career, the journey to the top both in the political as well as economic sense. The progenitor of the Kamieniecki family was Klemens of Moskorzew, bearer of the Pilawa coat of arms (late 14th century). He was descended from petty nobility whose influence was small at that time. However, owing to the work in the chancery of Spytek of Melsztyn, whose support was courted by King Władysław Jagiełło, they built their own faction and paved the way to a career in the royal chancery. As a deputy chancellor of the treasury and a staunch supporter of the Polish ruler he received many grants. He received the Dobczyce demesne and Kamieniec, which soon became the heart of the estate of the descendants of Moskorzewski and who hence came to call themselves Kamieniecki, as a token of the appreciation for the defence of Wilno against army of the Teutonic Knights. However, the son of Klemens, Marcin, followed a different path. He distanced himself from the Jagiellonians and, as a consequence of his refusal to participate in the Turkish expedition, the Dobczyce demesne was confiscated from him. It was only thanks to the intercession of high-ranking noblemen (probably Piotr Szafraniec, his father-in-law) and thanks to the fondness felt by Jagiełło toward Marcin’s father that he was allowed to keep Kamieniec. Marcin Kamieniecki’s policy brought about a profound crisis of the family which it managed to overcome (and return to the glory of the Moskorzewski period) only after almost fifty years. This difficult path was began by Marcin’s brother, Piotr. He returned to the thing owing to which the Kamieniecki built their position, that is to the collaboration with the ruling dynasty. He participated in the confederation of Spytek of Melsztyn, and above all he supported Władysław Warneńczyk during his stay in Hungary and two expeditions against Turkey. Piotr’s efforts resulted in the reclamation of Dobczyce. This was a token of the appreciation for his assistance in Hungary. Piotr’s brother, Henryk, also contributed to the restoration of the position of the Kamieniecki family but he devoted himself to the reconstruction of the estate which declined during Marcin’s time. Despite the fact that his engagement in politics was marginal, it was even in these isolated cases that he supported the Jagiellonians. As a result of this he received the Sanok castellany from the king. Therefore Piotr and Henryk laid the foundation on which the position of the family could be built by the sons of Henryk, and the latter were successful at it. It is the last generation of the Kamieniecki family which is presented in this book – the brothers: Mikołaj, Jan, Marcin, Henryk – achieved the greatest success by not only making reference to the glory that the family enjoyed during the time of Klemens Moskorzewski but by surpassing these achievements. Mikołaj Kamieniecki was promoted to the rank of one of the most trusted people of the subsequent rulers: Jan Olbracht, Aleksander, Zygmunt Stary. In 1503, for the first time in Polish history, he was nominated a crown hetman. He became famous by engaging in numerous skirmishes with Moldovans and especially by the successful expeditions to Pokucie in the years 1506 and 1509. Mikołaj’s brothers followed in his footsteps and made a career in the military. Jan became a captain of horse, whereas Marcin held the office of a vicecampiductor, which corresponded with the role of a field marshal. Henryk, who also made a military career, perished during the Battle of Wiśniowiec in 1494. The Kamieniecki family played a significant role in the foreign policy of the Polish state, especially in the policy associated with Hungary and Moldavia. The latter policy was engaged especially by the “last” generation of the Kamieniecki family, which was to a great extent a result of the offices that they held, that is the offices of the “field” marshal and the grand crown hetman, and the political situation of the country at that time. One should also emphasise the significant engagement of Klemens of Moskorzew in the issues associated with the Teutonic Knights. He made a name for himself not only by his defence of Wilno against the army of the Teutonic Knights who supported Witold but also by his participation in the negotiations with the Order of the Teutonic Knights and the signing of a peace treaty in Raciążek. The development of the estate of the Kamieniecki family was strictly associated with the status of the family and during the course of a hundred years this status oscillated in a sinusoidal manner. For whereas Klemens of Moskorzew, owing to his work in the chancery and the merit that he earned during his stay in Wilno, managed to build up a considerable estate consisting of the Dobczyce demesne, the Kamieniec demesne and a number of houses in Kraków, his son Marcin, who entered the path of conflict with the monarch, betrayed him almost completely. Only the subsequent generations made an effort to rebuild the lost estates. A special role in the expansion of the estates by the “last” generation of the Kamieniecki family was played by the awards which were presented to them for valour in combat and the merit demonstrated on the fields of battle. As Marcin Kamieniecki held the office of a “field” marshal, and Jan was captain of horse of the permanent defence, these grants concentrated especially in Ruthenia. Therefore the new centre of the estate was established near Załoźce in Podolia and it was there that the economic interest of the family was concentrated throughout the course of the subsequent centuries. However, the royal grants in that region were not the only reason for such a turn of events. Due to the constant borrowing of money from the Boner family, a well-known family of bankers, the debt that the Kamieniecki incurred from this family forced Marcin first to sell Książ Wielki and then to hand over the Kamieniec castle. Thus the Kamieniecki lost the heart of their estate. Therefore just as the acquisition of Kamieniec by Moskorzewski became a symbolic “beginning” of the Kamieniecki family, this economic incident – the loss of the castle – in a way closes and highlights this chapter of the history of the Kamieniecki which was described in the present dissertation.

European Union’s development cooperation policy. Legal perspective

Unijna polityka współpracy na rzecz rozwoju. Zagadnienia prawne

Author(s): Katarzyna Cichos / Language(s): Polish

Keywords: European Union; cooperation policy; development; EU law; poverty; elimination of poverty

The aim of the research was to answer the question if (and how) legal regulations (including the aims, principles, instruments, mechanisms and procedures) of EU policy on development cooperation allow implementation of the objective of development cooperation referred to Article 3 and 21 Treaty of European Union and article 208 Treaty of Functioning of the European Union, which is the elimination of poverty and an attempt to identify improper regulations that prevent the effective implementation of the assistance and the identification of new, relevant solutions. // As the result of the research it has been proved that the quality of aid depends not only on the validity of the economic concept but also on the quality and transparency of the law regulating the operation of organizations which provide assistance. Chaotic and not complementary regulation causes bad quality of implementation of the set objectives and tasks. // As part of the work were discussed such research areas as: scope and subjective of the EU policy on development cooperation, the sources of law and the hierarchy of legislation, the competence of the institutions which implement EU development policy, areas of action, which includes the EU’s development policy, efficiency and effectiveness of development cooperation’s control mechanisms.

Defenceless thoughts. Essays and other writings on Upper Silesia

Bezbronne myśli. Eseje i inne pisma o Górnym Śląsku

Author(s): Zbigniew Kadłubek / Language(s): Polish

Keywords: Upper Silesia; ethnic minorities; open regionalism

The present book contains essays, studies, memoires, a speech, as well as poetic attempts whose theme is Upper Silesia. These are texts which in different versions, usually under different titles were published in the monthly “Śląsk”, in the quarterlies “Przegląd Polityczny” and “Fabryka Silesia”, as well as in “Borussia”. All the texts — as literary texts — are devoted to various aspects of Upper Silesian identity. They are attempts at diagnosing what the contemporary regionalism is, what Upper Silesia is at the beginning of the XXI century, what the so-called Upper-Silesian awakening is, what the perspectives of the Silesian dialect as a regional language are, etc. Some texts constitute attempts at portraying outstanding, already deceased persons of cultural life in Upper Silesia (Stefan Szymutko, Michał Smolorz, Jan F. Lewandowski, Feliks Netz). Some essays are theoretical in nature — they focus on seeking a research method that would include both the contemporary existence of people who identify themselves with Upper Silesia, as well as a historical perspective free from propaganda and distortions. The book is finished with a genuine speech delivered in the Sejm of the Republic of Poland at 9th October 2014. The content of the speech exposes the true defencelessness of Silesian thoughts and simultaneously motivates the title of the entire compilation.

In the Network and a Social Trap

W sieci i w matni społecznej

Author(s): / Language(s): Polish

Keywords: network; postmodernism; culture; civic activity; urbanity; seniors; networking; terrorism

The presented book is a collection of eight articles covering a variety of subjects, yet all focused around the phenomenon of network. The growing popularity of the notion of network in journalism and social studies is connected not only with the common computerisation and the Internet network becoming more and more dense, but also with a sort of trap that entangles us, constrains us, and deprives of our life forces. The “network” itself is not a new term however, and for that reason, it is one of the basic sociological terms. Being fully aware of the fact that it is impossible to present complete analyses of the theoretical problems connected with the question of ”network”, the authors decided to choose the most crucial issues being the field of interest of the scholars in the Department of Sociology of Development. The research they conduct – though seemingly diverse – finds its common ground precisely in the issue of network of interpersonal relations that occur in various areas. The whole work includes: the problem of network as a cultural phenomenon, the network of the city, of economy and the network of violence.

Military criminal procedure in the Second Polish Republic (1918–1939)

Wojskowe postępowanie karne w II Rzeczypospolitej (1918–1939)

Author(s): Tomasz Szczygieł / Language(s): Polish

Keywords: Military criminal procedure; Second Polish Republic; military law

The book is concerned with military criminal procedural law applied in the military judiciary of the inter-war period (1918–1939). This problem has so far been underexplored, with the evolution of this branch of law after the year 1918 forming a major research gap.Apart from the institutions unique to this branch of law, the monograph discusses theorganisation of the court-martial system of this time and the origins of the major sources of itslaw. It focuses on the specific relations between participants in the military criminal procedure of this period, relations that determined its unique character. It presents the evolution of particular military legal institutions – also in the comparative and historical perspective – and the influence of general criminal procedural law of the time on their development. The book takes up the timeless problem of the distinctiveness of military law and the military judiciary on the one hand, and the general system of law on the other. It addresses questions concerning the character of the court-martial system, its procedural law and its possible future. The volume presents the whole course of military criminal procedure, including the problem of penalty execution. It is supplemented with photographs of places, persons, and events connected with the inter-war court-martial system, made available by The National Digital Archives in Warsaw.

Mobile Application as a Cultural Phenomenon

Aplikacja mobilna jako zjawisko kulturowe

Author(s): Barbara Orzeł / Language(s): Polish

Keywords: mobile application; apps; culture

The main aim of this book is to determine the influence of mobile application on the area of new media reality and culture. The dissertation consists of eight chapters. The first chapter begins with a recall of the most important concepts of computer program and the presentation of its history, based on the following criteria: „linguistic“ – presenting different programming languages, and „technical“ – discussing further innovations, milestones in the field of computer hardware. Afterwards the author considers the evolution of computer program, the history of mobile phone and the presentation of mobile operating systems. The important part of dissertation concentrates on the cultural aspects of programming – the concept of algorithm and the reception of programming languages in the light of the Sapir‑Whorf hypothesis. The following subject focuses on finding common ground for concepts, phenomena and mechanisms that combines the digital and cultural order, provides the foundation for reflection on the interface issues, the idea of cross‑platform, the „three screens strategy“ and the consequences of mobile media consumption. The next part of dissertation concentrates on the analysis of mechanisms related to the selection of applications in the light of Henrik Vejlgaard‘s trend sociology and their use as a marketing tool. The conversion of media reality mediated by the mobile apps is the main problem of subsequent chapters: the transformations of computer games (the transition from console to mobile channel), the phenomenon of most popular mobile games, the personalization and customization of the user experience. Thereafter the author goes back to the sources ofmobile applications – the innovation and start‑ups. The main reference are the most importantbusiness models and the area of „creation – foundation – distribution“. The last part of dissertation concentrates on the new communication behaviors that have been created in the different areas of life (for example: self‑expression, e‑reading, „smart homes“). The foregoing discussion has attempted to present the cultural perception of mobile applications, the transformation of concepts and the possible directions of their influence.

A literary anthology. Transformations, expansion and the perspectives of a genre. First series

Antologia literacka. Przemiany, ekspansja i perspektywy gatunku. Seria pierwsza

Author(s): / Language(s): Polish

Keywords: anthology; selection; silva

“Our age is the age of anthologies” – Władysław Tatarkiewicz’s thesis, articulated as early as at the turn of the 1980s, continues to be relevant. The anthology seems to be one of the forms of a unit of silva of paramount importance for modern culture – which is indeed condemned to a sort of selection of writing which floods the bookshelves of bookstores. In the volume which we present to the reader we examine above all the modern literary anthologies (of the 20th and the 21st centuries), although we do not fail to take into account the historical context which enables us to perceive and to understand the changes which take place. The articles collected in the book present the form in question in terms of its theoretical, historical-literary and legal aspects; they take into account the extremely important environment-related situation – the social and the geographical situation of the anthology, its association with a certain symbolic community in the country and in emigration; they also present two factors which determine the form of the selection – the subject and the figure of the anthologist. The poetics of anthologistic forms is also considered in a broader context: as a phenomenon which is directly associated with the culture of quotation, as one of the more interesting and heretofore unexplored manifestations of intertextuality.

The entrepreneur. Selected issues

Przedsiębiorca. Zagadnienia wybrane

Author(s): / Language(s): Polish

Keywords: entrepreneur; enterprise; economic activity; non-profit entities; partnership enterprises; legal forms of enterprises; employee; taxes; entrepreneur taxation

This book is the result of the collaboration between two excellent academic centres, i.e. the Faculty of Law and Administration of the University of Silesia in Katowice and the Faculty of Law and Administration of the University of Rzeszów. The initiative of the collaboration was launched as a result of many seminars, conferences and trainings organized for entrepreneurs by collaborating Department of Public Economic Law, the Faculty of Law and Administration of the University of Silesia and the Department of Commercial and Economic Law of the University of Rzeszów. In order to meet the expectations of entrepreneurs and people interested in starting and running an enterprise, the authors of this work have dealt with the issues related to economic activity that were the subject of the most frequent questions and doubts during the meetings with entrepreneurs. At the same time, in order to facilitate the reading of the book, the authors tried to avoid complicated legal phrases, and thus used language intelligible to all instead of a difficult legal language.The opening chapters of the book introduce the issue of economic activity, which is of interest to every entrepreneur (the concept of economic activity and its principles, the concept of an entrepreneur). The subsequent chapters are about the rights and obligations of entrepreneurs resulting from their starting and running an enterprise. The chapters deal with entrepreneurial registers and registration procedures, as well as with various legal forms within which entrepreneurs may run a business or other activity of non-profit character. Another, extremely important issue related to the entrepreneur’s business activity, and comprised in this study are tax issues. The following chapter has been dedicated to the problems concerning the employment of employees. A separate chapter is about the regulation of economic activity, i.e. legal forms of constraining the constitutionally warranted and many times statutorily confirmed the principle of freedom of economic activity. Of considerable significance are also chapters on the legal possibilities of raising capital (inter alia, public procurement) through cooperation with the so-called public sector (capital market law, specificity of EU funds, public-private partnership), and the protection of developed ideas (protection of industrial property). Since every entrepreneur is subject to the control exercised by various control or supervisory bodies, the work contains a chapter discussing the procedure of control over an entrepreneur.The subject matter of this study has been selected from a wide range of legal regulations relating to the entrepreneur's business activity, however it covers only a small part of it. The authors' intention was not to make a broad, detailed or analytical presentation of complicated, though interesting legal issues in this field, but to outline only a selected issues. Therefore, the work is addressed primarily to those who are not lawyers and who are interested in starting or are already running an enterprise.We hope that reading the book will encourage the reader to look further for more detailed studies of the issues covered in the work, and that it will facilitate making economic decisions.

Identity Narratives. Interdisciplinary Perspectives

Identity Narratives. Interdisciplinary Perspectives

Author(s): / Language(s): English

Keywords: (social, political) identity; multiculturalism; collective memory; the city; design sociology

Who am I? Who are we? And why? These are a few of many questions that the authors of the book entitled ‘Identity narratives. Interdisciplinary perspectives’ attempt to address. They speak out of various perspectives, take up a multitude of diverse threads. Only such an multidimensional picture creates a window of opportunity to face the questions (tasks) that concern the following matters: multiculturalism, identity (social, political), collective memory, the city and its entanglements, sociology as a discipline, ethical awareness. In the authors' opinion, the book may be of interest of students of the humanities and social sciences, as well as of readers who even though do not deal with these fields professionally but are interested in the issues of identity and difference.

The Archives of the Jeleński family from the National Historical Archives of Belarus in Minsk (16th—20th century) — its history and inventory

Archiwum Jeleńskich z NGAB w Mińsku (XVI—XX wiek) — jego dzieje i inwentarz

Author(s): Dariusz Rolnik / Language(s): Polish

Keywords: Lithuania; Jeleński family; nobles of the times of Stanisław August; archival inventories

The main part of the present publication is constituted by the Archives of the Jeleński family from the National Historical Archives of Belarus in Minsk. It seems that the implementation of this project will considerably facilitate using the aforementioned complex of archives, as the existent and accessible inventory of this archive in Minsk in fact only provides information about former signatures, and — in an obscure and frequently erroneous manner — about its contents. The way of presenting the Archives of the Jeleński family as suggested here will allow the researcher to familiarize quickly and certainly with its content, while the first part of the present study will facilitate the reading of this archive as well as the appropriate decoding of the senders and recipients of the messages, which is particularly important in case of reading the correspondence contained in the archive. Moreover, what is even more important, the archive will thus be introduced into the scientific circle. Despite the fact that this particular archive is not the most significant one for the purpose of studying the history of the former Republic of Poland, it nevertheless has some significance for the studies on the functioning of its provinces. The information contained in the archive may facilitate to explore the past times of the Saxon and Stanislavian age, and the history of the first half of the 19th century, exhibiting completely new matters, or showing the old ones in a new perspective. The material of the archives of the Jeleński family, including the correspondence contained there, apart from few fragments does not revolutionalize the image of the Lithuanian province of the Stanislavian times; in some periods, however, it makes it more precise and elaborate, demonstrating the whole context of the functioning of the Lithuanian province, as can be exemplified by the Minsk, and sometimes by the Novogrod voivodeships, and most of all by the lands of the Mozyrski district, to which the majority of the information contained in the archives refers. It constitutes a good exemplum for demonstrating the mechanisms of exercising power. The material of the archive also demonstrates an important quality of the gentry of the Stanislavian epoch, namely its concern with own interests. Economic issues related to the Jeleńskis’ possessions are mentioned in almost every unit. Disregarding the essence of the correspondence between the Jeleński family and their land stewards and plenipotentiaries responsible for their household affairs, attention must be paid to the correspondence which the members of the family carried on with one another, in which public issues were rarely taken up. In the letters that were exchanged among the members of the house, the dominant problems were common economic, contractual, and procedural matters. The main part of this study is preceded by introductory chapters. They contain basic information concerning the Jeleński family. They reveal the power of the family, and allow to rank this family among the Lithuanian elite, but primarily these chapters are meant to be the aid in reading the archives’ inventory. They may, after all, facilitate the appropriate reading of the letters that are comprised in this file, chiefly with respect to their receivers and senders. This part of publication also contains a brief history of the Archive of the Jeleński family and a short description of its resources. Also, the chapter provides the principles of the structuring of the inventory and of the editing of its contents. Moreover, it points out to the most valuable materials which can be found in the archive.

The constitutional freedom of research and the protection of scholarly work. A study of cases represented by experimental exact sciences

Konstytucyjna wolność badań naukowych a ochrona pracy naukowej. Studium przypadków z nauk ścisłych eksperymentalnych

Author(s): Anna Chorążewska,Artur Biłgorajski / Language(s): Polish

Keywords: principle; freedom; freedom of scholarly research; the principles of the limiting of the constitutional freedoms and rights; the concept of scholarly research; copyright; intellectual property law; the protection of intellectual property

In the context of the Polish constitution, the monograph analyses the framework of the freedom of engaging and conducting research (Art. 73). By formulating this freedom, the constitutional legislator at the same time sanctioned the principle of equal legal protection of the scholarly output of the researcher, and that regardless of the dissimilarity of the subject and the nature of research work in various departments of knowledge/scholarship (Art. 32 in reference to Art. 64 Para. 1 and 2). However, the realisation of the indicated constitutional maxim at the level of the act of law and implementing acts necessitates the diversification – due to the nature of scholarly research in various disciplines of scholarship – of the principles of legal protection of intellectual copyright. Meanwhile, the legislator does not address this problem directly. In order to elucidate the scholarly problem which was formulated in this manner, the first part of the work was devoted to an analysis of the freedom of scholarly research as a category which is constitutionally protected. The second part is devoted to the problems of the legal bases of the protection of scholarly work, and to be more precise – of the right of the researcher to indicate authorship of a scholarly publication from the perspective of the regulation(s) of the constitution and other regulations, which develop and particularise its ordinances, including the provisions of the codices of ethics to which scholars are bound. Thus, one indicated the principles of reliable attribution of the authorship of research works, with special reference to research conducted in research teams of multiple people, including teams of interdisciplinary nature. In order to illustrate the theses which were put forward, one described the object of scholarly research realised in the domain of experimental exact sciences, and subsequently the principles of the publication of the results of the said research, along with the regulations of the attribution of the authorship of scholarly works which are published. The diagnoses which are formulated in this manner may contribute, in the opinion of the authors, to the raising of the awareness of the legislator and as a result they may influence favourably the direction(s) of the scholarship-related policy of the state in the course of the reform of scholarship which is being realised in Poland.

The Principle of Protection of the Local Government. A Constitutional Study

Zasada ochrony samorządności terytorialnej. Studium konstytucyjne

Author(s): Anna Chorążewska / Language(s): Polish

Keywords: local government; the principle of the political system; local selfgovernment; the civil society; the separation of powers; the powers of the local government

The present monograph constitutes a constitutional study of the institution of the local government discussed through the prism of the principle of local self-government. Such an approach to the titular principle allows to consider it not only from the political and legal perspective, but also from a functional one, while the discussion oscillates around: the constitutional status of a person regarded as an individual as well as their dignity guaranteed by the Constitution, the constitutional status of a person regarded as an obligatory member of the self-government community, the status of the self-government community, the status of the national community, the status of the state, as well as the status of the underlying structures of the civil society and non-governmental organizations. The argument leads to the conclusion that the local government is an institution deeply entrenched in the structure of the civil society, and, as a result, should be guaranteed by the state the right to evolve naturally, in accordance with the evolution and maturation of the Polish civil society. As a consequence, the constitutional regulations of the local government should not constitute an inhibitive factor for the natural processes accompanying the development of the civil society. The present study could find its practical application both in cases of judicial control of the constitutionality of legislation with regard to the law on local selfgovernment, as well as judicial control over exercising and applying the law, the didactic process at the university, the day-to-day functioning of social and nongovernmental organizations as well as the bodies of local self-government agencies and councilors. Moreover, it could prove helpful in the processes of reform of the public administration and the creation of institutions for the study of the effectiveness of the creation and operation of public administration systems.

Power and society

Władza a społeczeństwo

Author(s): / Language(s): Polish

Keywords: Central Industrial District; society; economy; industry; propaganda; political parties; democracy within the party; watchdog organisation; social safety; states of crisis; axiology in politics;public relations (PR);

„It is with utter pleasure that we present the Reader with a volume created in effect of a multifaceted approach and insight into the issues of the mutual relationship between power and society. The articles collected are the result of the experiences of young researchers working within broadly defined social sciences and humanities representing academic centers across the country. The relationship between power and society as sketched in the monograph is represented by Leviathan, depicted on the cover. The very image comes from the title page of one of the first philosophical treatises tackling the mentioned topic, namely the work by Thomas Hobbes titled Leviathan: Or, The Matter, Forme and Power of a Common-Wealth Ecclesiasticall and Civil first published in 1651.The title’s creature – Leviathan - is an embodiment of the state created by way of establishing sovreign power. Power, both secular (civil) and religious (ecclesiasticall), is based on the common social contract and is of an absolute character. This is expressed by the inscription visible above the creature’s head: Non est potestas super terram, quae comparateur ei (there is no power on earth which can be compared to him). This leads us towards reflections on the essence of power, its sources, the kinds and structures of the power apparatuses, both in the contemporary and in past times. The issue that needs addressing as well is the one regarding legitimization and opposition towards the subject exercising power, as well as the form of the social conflict and its regulation – subjects or citizens. Legitimization and oppossition, which are considered collective reactions to the exercise of power acknowledged by social norms of justice, can be treated as antithetic phenomena. An important aspect here is of the register of power ideology, which has always served to legitimize it and build its image in the eyes of the society. Opposition towards existing centers of power can be perceived as a result of actions undertaken by the community of the oppressed, wherein a vast communication structure exists, along with the awareness of unjust treatment and the desire to retaliate for exploitation.” (Introduction fragm.)

The role of the archives in the process of the introduction of electronic systems of document management. From the experience of the archives of higher education schools, academic and cultural institutions and national and local administrative units

Rola archiwów w procesie wdrażania systemów elektronicznego zarządzania dokumentacją. Z doświadczeń archiwów szkół wyższych, instytucji naukowych i kulturalnych oraz państwowych i samorządowych jednostek organizacyjnych

Author(s): / Language(s): Polish

Keywords: EZD; electronic documentation management

The book discusses a difficult process, which is the implementation of electronic document management systems in organization units viewed in the context of nationwide implementation of IT solutions. In scientific literature, increasingly more room is devoted to the designing and implementation of systems, whereas the role of archivists is unfortunately inadequately discussed. Oftentimes, they seem to be overlooked in this important process. It should be reminded that in many issues relating to documentation management, the knowledge of archivists would allow avoidance of numerous problems occurring in practice. The present book fills in this gap as it focuses on the experiences of archivists and their role in the process of implementation of documentation electronic management systems. The book offers a broad view of the operation of archives. It is addressed to archivists and other employees of organization units, including administrators and students. It provides a practical explanation of EDM implementation processes, which makes it a valuable source of knowledge for all those who are currently faced with this problem.

New Procedural Institutions in Administrative Proceedings in Light of the Amendment to the Code of Administrative Procedure from 2017

Nowe instytucje procesowe w postępowaniu administracyjnym w świetle nowelizacji Kodeksu postępowania administracyjnego z dnia 7 kwietnia 2017 roku

Author(s): / Language(s): Polish

Keywords: Code of Administrative Procedure; individual rights; the administrative law;administrative penalties;

“The Code of Administrative Procedure constitutes at the same time a certain “guide post” for the administrative actions taken against the citizens and a guarantee of the rights of an individual within the sphere of administrative law. The Amendment to the Code of Administrative Procedure, resulting from the Act of April 7th, 2017 on the amendment of the Act of the Code of Administrative Procedure and related acts, aims at expediting and simplifying the administrative proceedings, as well as settling the manner and rules of imposing administrative penalties. The following publication discusses the particulars of the amendment, presenting the changes in regulations resulting from the amendment. The monograph comprises of four parts. The authors of the first part focus on the issues concerning the rules of the administrative procedure which have not been hitherto expressed expressis verbis in the regulations while being actively used by the public administration authorities. The second part presents the new procedural institutions regulated by the Code of Administrative Procedure, such as: the reminder, mediation, cooperation procedure hearing, silent handling of the case or summary procedure. The third part concerns the changes in the appeal procedure. The discussed issues include: the two-tier principle, the evidentiary proceedings conducted by a second-instance body, the cassation decisions; moreover, the chapter discusses several new institutions, i.e. the institution of the waiver of the right to appeal and the objection to the cassation decision.The fourth part discusses the topic of administrative penalties and European administrative cooperation. It should be noted that, despite the broad scope of the amendment of the administrative procedure regulated by the Code of Administrative Procedure, it is not a comprehensive amendment, resulting in further debates on the shape of this normative act, resulting from the Note no. 1499 of the Sejm of the 8th term with regard to the discontinuation of suspended administrative proceedings (added in Article 105 § 3 of the Code of Administrative Procedure). The following monograph, then, aims at presenting the status of the selected procedural institutions in the amended Code of Administrative Procedure. The opinions and theses put forward in this study express the attitudes of their respective authors.” (Preface)

A contrastive perspective on figurative language

A contrastive perspective on figurative language

Author(s): / Language(s): English

In recent decades, linguistics has witnessed a rising interest in figurative language. The inspiration for this kind of research may be connected to the rise and development of cognitive semantics, which has made metaphor one of its key notions. George Lakoff and Mark Johnson, in their seminal work titled Metaphors We Live By (1980, modified and republished in 2003), denied the conviction that figurative speech is an aberration or anomaly that speakers use only in a limited number of special contexts. Lakoff and Johnson postulated that metaphor, together with metonymy, are actually pervasive ways of thinking and common cognitive tools that motivate a remarkable amount of our language (2003/1980: 3). Their findings have been developed by numerous authors, who have contributed to the Conceptual Metaphor Theory with both empirical research into various languages, as well as elaborations on the theoretical issues.1 Furthermore, it has been observed that metaphors and metonymies may vary among languages: the ways speakers use non-literal language is not universal, but to a large extent it depends on the culture, including the background of the speaker, or the specific context of language use (Kövecses 2005: 292–294). The aim of this volume is to present various examples of research into figurative language from the cross-linguistic perspective. However, first, we want to focus on the notion of figurative language as such, and notice how its understanding in linguistics has changed over the past decades. Next, we will focus on the cross-linguistic research into figurative language in contemporary linguistics. Finally, the topics undertaken in the subsequent chapters of this volume will be shortly presented and discussed. (fragment of introduction)

Election Code. Comment. Volume 1. Commentary on Articles 1-151

Kodeks wyborczy. Komentarz. Tom 1. Komentarz do artykułów 1–151

Author(s): / Language(s): Polish