Browsing by Author "Olszewski, Henryk"
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Item Faszyzm i prawo(Wydział Prawa i Administracji UAM, 1982) Olszewski, Henryk; Zmierczak, MariaThe fiftieth anniversary of Hitler's rise to power became an occasion for the authors of the article to make an attempt to define fascism and to examine the relations between fascism and the law: indeed, it was the German brand of fascism which was its most mature, complete and "classical" form. The relation between fascism and the capitalist formation is the crucial point of the discussion on the essence of fascism. The critical review of the previous theories, mostly those of H. Rauschning (the revolution of nihilism), H. Arendt (the theory of totalitarianism) and of E. Nolte (the theory of phenomenology) allow for a conclusion that there had been a link between the capitalism and fascism, contrary to their assertions. The big business did nothing to obstruct Hitler's rise to power. Yet, that relation was not all that simple as it was advocated by the members of the Comintern and communist parties. Most generally fascism can be defined as a set of phenomena organically linked with the crisis of the capitalist formation under conditions of presence of socialism, not only in the sphere of social consciousness but also in the political and legal superstructure. The fact that fascism is a complex of phenomena compels the scholar into the analysis of its essentials. The fascist movement and premises of its appearance are examined in the article. The Nazis had always been driving at the dictatorship and it was precisely the way their State became organized. A principle of Führer's leadership was its ideological justification, yet the dictatorship was not limited only to the charismatic Führer, the fascist dictatorship was the collective and hierarchical one. The Nazi world outlook (Weltanschauung) is another element of the definition of fascism. Muddled and incoherent it was, containing several slogans cementing power of the Führer: it involved his cult, the myth of the nation and of the race. All theoretical reflections, religion and morality were to be replaced, fascism claimed whole man for himself. Fascism is also irreversibly bound with a degradation of law in the social life. It is the effect of the dictatorship of a leader embodying a fate and destiny of the nation which was the essence of the system, and of the pre-supposed role of the Weltanschauung which was to replace the legal norms. The rise of fascism in Germany was linked with proclaiming a state of emergency which was to last to the final days of the régime. The positivist construction of legal state was to be substituted with the concept of leader's state elaborated by the university scholars (G. Schmitt, O. Koelreutter, E. R. Huber et al.) and by the Party lawyers (H. Frank). Fuhrer was the supreme lawmaker and the supreme judge deciding of the law. Fascism departed from formalism and legalism in constitutional law to begin with and in civil law to come to an end. The administration of justice was not to stick to the letter of the law but to act on behalf of the supreme wealth of the State, protection of race and to assist war and military preparations. The decline of legal science and the disintegration of essential legal principles was inseparably linked with the fact that fascism from the beginning was striking for war and conquest and the Nazi State was to execute those goals.Item HISTORIA WYDZIAŁU W ŚWIETLE NAJNOWSZYCH BADAŃ(Wydział Prawa i Administracji UAM, 2007) Olszewski, HenrykItem Jubileusz 75-lecia Poznańskiego Wydziału Prawa(Wydział Prawa i Administracji UAM, 1994) Borkowska - Bagieńska, Ewa; Błażejczak, Bogdan; Łączkowski, Wojciech; Ziembiński, Zygmunt; Janowicz, Zbigniew; Olszewski, HenrykThis set of papers comprises the speech, made by the Professor Ewa Borkowska Bagieńska, Dean of the Faculty of Law and Administration, Adam Mickiewicz University in Poznań, on the occasion of the jubilee, in which she outlined the origin, history and contemporary development of the Faculty. It also includes articles devoted to the merits of five deceased Professors who may be considered the most eminent personalities of the Faculty of Law and Administration. They were: Prof. Zygmunt Wojciechowski, historian, specialist in the history of the Polish State and Law, co-creator of Poznań Historic School, founder of the Western Institute and a great politician, Professor Edward Taylor, an outstanding economist, teacher of many scholars, Professor Czesław Znamierowski, philosopher, theoretician, specialist in the law, sociologist and moralist, Professor Marian Zimmermann, linking with the heritage of the European science of administrative law, and Professor Alfred Ohanowicz, eminent specialist in civil law, editor-in-chief and later honourary editor of the Ruch Prawniczy, Ekonomiczny i Socjologiczny published by the Faculty.Item Ludzie Uniwersytetu w mojej pamięci(Wydawnictwo Naukowe UAM, 2015) Olszewski, HenrykPraca zawiera 35 biogramów wybitnych uczonych, znakomitych nauczycieli akademickich, organizatorów nauki i działaczy ruchu naukowego, których Autor znał, od których się uczył i którzy w ciągu ponad 60 lat wywarli wpływ na jego formację intelektualną. To ludzie uniwersytetu, którzy w różnych rolach identyfikowali się z nim i czuli za jego los współodpowiedzialni. W opisach uwzględniono ich postawy, okoliczności, w jakich działali, zawiera charakterystykę twórczości. Książka ma charakter rozważań bardzo osobistych – choć oparta jest na źródłach, przede wszystkim zawiera wspomnienia. Autor mówi też o wielkości uniwersytetu i misji uczonego, traktując zapisane historie jako swój wkład w zbliżający się jubileusz stulecia macierzystej Uczelni.Item PIĘTNAŚCIE LAT WSPÓŁPRACY WYDZIAŁU PRAWA I ADMINISTRACJI UNIWERSYTETU IM. ADAMA MICKIEWICZA W POZNANIU I WYDZIAŁU PRAWA EUROPEJSKIEGO UNIWERSYTETU VI AD RINA WE FRANKFURCIE NAD ODRĄ(Wydział Prawa i Administracji UAM, 2005) Dajczak, Wojciech; Olszewski, HenrykItem Rozważania o klimacie i konfliktach ideowych XVII wieku(Wydział Prawa i Administracji UAM, 1984) Olszewski, HenrykRecollection of anniversary of the Vienna Victory inclines a historian of law and political thought to express his opinion. Main streams of intellectual and political discussion in the seventeenth century Europe are described by the author as well as peculiarities of climate in Poland in the reign of John III Sobieski presented against their background. Was it different (and to what degree) from the climate in 'other countries of that tumultous century? What complexes of phenomena patterned the ideology of Poles of the last quarter of the 17-th century? What was the intellectual and ideological heritage contributed to the Sobieski times by the previous age? Influence of the European thought was diminishing along the decades. Political culture of the last quarter of the century was clearly of local, "Sarmatian" descent. It was in the times of first elected monarchs and subsequently, in the reign of Vasas when the signs of atmosphere were formed Poland in the age of Sobieski was breathing with. Lasting process of creating grounds for the domination of oligarchy both in the political system, economy and in ideology was completed in the reign of John Casimir and Michael Korybut. Nonetheless the age of Sobieski was something more than a mere continuance of the previous development. Ideological climate of his times is revealed in petrifying old principles of the system and political orders. "Sarmatism", synonymous to conservatism then, and ideology of the golden liberty served as apology of the contemporary age. Elements of the latter were of extreme democratic character but in the situation of equilibrium among the combatting political parties in the country they contributed to strengthen the power of oligarchy. The Viennese success of Sobieski threatened to upset this equilibrium and therefore, the year 1683 so manificently distinguished itself in Polish military history for example. induced fostering of political fights in the country and became one more step forwards the stagnation of the Saxon age. After the 1683 victory all reforms of the Court were more successfully stopped by the aristocratic opposition.Item WYDZIAŁ PRAWA W LATACH 1919 - 1990(Wydział Prawa i Administracji UAM, 1999) Olszewski, HenrykThe Faculty of Law and Administration of the Adam Mickiewicz University in Poznań has come into existence on May 7,1919, together with the University as a whole. The Author describes organizational beginnings involved with creating the Faculty and cites the names of many eminent professors engaged in the cause as well as primary localization of its particular organizational units and, also, methods of recruitment and teaching students within the period before the World War II. After a presentation of main researches done under the auspices of the Faculty, the Author recalls first honoris causa doctorates and initiation of co-operation with foreign academic centres in France, Belgium, Italy and Spain - what was a sign of increasing prestige of the Faculty. Next the Author draws up vicissitudes o f the Faculty and its employees in the period of World War II as well as first, very difficult years of the reconstruction of scientific and didactic basis after the nazi occupation (first academic year was shortened and lasted from April 15 to September 31, 1945). Succesive years of communist indoctrination and „politization” of universities have left their heavy imprint on the Faculty; courses and conversatories found „needless” have been abolished, professors found „superfluous” were pensioned regardless their age. This short historical survey, with particular reference to such dates as 1956, 1958 and 1968, is ended by the Author with a presentation of the Faculty situation on the turn o f the eighties and the nineties and, on this general background, the position of the Faculty within new social and economic factual circumstances is also discussed.