Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1989, nr 2

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Od naturalistycznego do humanistycznego paradygmatu w głównych naukach behawioralnych i kryminologii
(Wydział Prawa i Administracji UAM, 1989) Leon, Tyszkiewicz
The author begins with a characterization of behavioural sciences, to which he includes the sciences dealing with a human being and the society. Typical behavioural sciences are criminology and a science of social pathology, tightly connected with the former one. Having explained the concept of paradigm and commented on the structure of science, which usually includes also basic ontological assumptions, the author presents a naturalistic paradigm of behavioural sciences formulated by positivism. It includes the following elements: 1) strict determinism in conceiving human behaviour; 2) methodology based on natural sciences; 3) reductionists tendencies consisting in attempts to explain human behaviour by reference to biological or the like processes. A naturalistic paradigm, dominating for several decades, have produced distinct symptoms of a crisis in behavioural sciences. Their development is insufficient. Thus, it is high time to focus attention, on antipositivistic tendencies which have become stronger and stronger since the 1960s. They can be traced in such trends as interactionism, phenomenological sociology, ethnomethodology or humanistic psychology. A new paradigm — the humanistic paradigm — starts to appear. It contains the following elements: 1) since a human being possesses some onthological autonomy, strict determinism must be rejected; 2) the methodology of natural sciences must be complemented with methods allowing to reach to the abundance of psychical states of an individual; 3) instead of the simplyfying reductionism, a complex outlook on human behaviour, where autonomy and different determinants appear simultaneously, must be applied. There is an urgent need to perform a thorough analysis of the elements of a humanistic paradigm and to develop new theories and new empirical research within its frames.
Przegląd piśmiennictwa RPEiS 51(2), 1989
(Wydział Prawa i Administracji UAM, 1989)
Interes przedsiębiorstwa państwowego a interes ogólnospołeczny (zarys problemu)
(Wydział Prawa i Administracji UAM, 1989) Trojanek, Jacek
In the first part of his article the author stresses that the existence of separate interests of state enterprises has for long been underestimated or even neglected both in. practice and in theory. The economic reform of 1981 was first to regard the interest of a state enterprise as a real and desirable phenomenon. The author shares the view that the external form of expression of economic interests of a state enterprise is profit. The economic interest of an enterprise is at the same time a legal category and is the object of both civil law and administrative law protection. In the second part, the author deals with controversial concept of social interest. The author rejects the view that the above concept is materially non-definiabie. He is of the opinion that „social interest" is the expression of the aggregate of needs of the society conceived as a whole and indues values and social advantages reflected in the socio-economic policy of the State, especially in socio- -economic plans of development of the country. In the system of economic interests of a socialist economy, the social interest is of supreme character. Its implementation, representation and protection is vested in central organs of State authority and administration. In the third part, the author indicates — contrary to the opinion often expressed by managerial circles — that the duty of realizing the social interest is vested also in the management and crew of an enterprise. A social aim of a state enterprise, a basic organizational unit of the national economy, is to satisfy a certain fraction of social needs. The duty of an enterprise to take into account the requirements of the social interest finds a sound political, normative and ethical justification. In the last part of his article the author presents a formerly neglected (i.e. in the period of directival and distributive management of the economy) problem of conflicts and contradictions of interests in a socialist economy. He also comments on the need to integrate group interests with the social interest by means of economic, legal and sociological tools. The author indicates that the problem of adequate integration and coordination of different interests has been and still is counted among the most difficult problems to solve in a socialist economy.
Spis treści RPEiS 51(2), 1989
(Wydział Prawa i Administracji UAM, 1989)
Zastosowanie metody biograficznej w dokumentowaniu faktów i stanów śyjiadomości społecznej w sierpniu 1980 roku
(Wydział Prawa i Administracji UAM, 1989) Latoszek, Marek
The article discusses the course and results of a competition organized by the Polish Sociological Society for memoirs documenting the events of August 1980- in Gdańsk. The author analyses the collected materials from the point of view of two criteria: a) information criterion (a description of events contained in memoirs as a historical source), c) sociological criterion (memoirs as documents of the authors' states of consciousness). The competition materials have been analysed and are available in a typewritten form in the Polish Academy of Sciences Library in Gdańsk.
Zasoby pamiętników. Zasady i zakres ich użytkowania
(Wydział Prawa i Administracji UAM, 1989) Jakubczak, Franciszek
The author classifies the diaries into the categories of existing sources (diaries written spontaneously mostly for the family circle use) and sources provided by researchers (for the use of research, press and publishing institutions). Then, the author describes the stock of existing Polish diaries. The number of diary competitions organized in Poland is impressive. This is why the institution of competitions is a „Polish institution" and methodological directives worked out by F. Znaniecki and L. Krzywicki with respect to the use and analysis of diaries are called today „the Polish method". The article offers a survey of the most important competitions organized in Poland in the 1920/30s by F. Znaniecki, L. Krzywicki, J. Chałasiński and W. Grabski and later competitions organized in the period of the Polish People's Republic for the diaries of workers, peasants, youth: or particular professional groups, etc.
Metody pozyskiwania materiałów autobiograficznych do badań nad rodziną
(Wydział Prawa i Administracji UAM, 1989) Janiszewski, Ludwik
In the first part of this article the author presents the phenomena, appearing in a family, for the studies of which autobiographical materials are indispensable. To such phenomena the author includes interpersonal ties (especially emotional, sexual and financial), emotional moods, tensions and conflicts in a family, activities and relations of family members with individuals groups situated outside the family. The above phenomena are the aspects of family life which are usually hidden from the outside observers. Besides, being of intimate and private character, those phenomena should be investigated by means of subtle, qualitative research techniques. In the second part of his article the author discusses types of methods of acquiring autobiographical materials. He distinguishes classical and non-classical methods. To classical methods he includes those where a researcher acquires materials in the form of memoirs, diaries, or letters written by members of a family and expressing their subjective opinions about a given event. To non-classical methods the author includes those applied by contemporary researchers of family life, connected with intensive, multiaspect and system family studies, such as autobiographies told directly to a researcher and recorded on a tape or so- '-called multiplied autobiographies, i.e. life-stories told not by one but by all members of a family.
Sprawozdania i informacje RPEiS 51(2), 1989
(Wydział Prawa i Administracji UAM, 1989)
Reforma systemu własności oraz organizacji i zarządzania w PRL
(Wydział Prawa i Administracji UAM, 1989) Ratajczak, Klemens
In the introduction, the author points to a renewed revival of discussions on the economic reform. The discussions stress system and model aspects, especially the system of ownership, organization and management. The impulse for such discussions are, in the author's opinion, continuous instability of the economy, the growth of inflation and market imbalance as well as a threat of a decreased standard of living. Then, the author shows obstacles in the process of development of our economy. Among them he mentions the state monopoly as the most important impediment. The economically efficienc of the state monopoly does not stem from the very fact of its existence but from the fact that it was created by means of tools which have never belonged to the catalogue of the rules of rational economy. From the viewpoint of the rules of rational economy only the forms of ownership, organization and management which will prove to be economicallyefficient should be allowed. Meanwhile, state enterprises were created not because they were economically superior but because enterprises operating in other forms of ownership Were banned or reduced. In further part of his article the author concludes that the essence of socialism should be seen not in the forms of ownership, organization and management but in the degree of satisfying the needs of the society. The discrepancy between the essence of that political system and the praxis of its implementation was one of more important causes of social unrest and protests. The political system in which history has vested the task of quickening the pace of satysfying human needs should not refrain from observing economic instruments and laws, including those concerned with an unrestricted development of different forms of organization and management. Towards the end of his article, the author indicates that in order to achieve the efficiency of functioning of our socio-economic life it is necessary to reform not only the economy itself but also political and ideological spheres of life.. In particular, it is necessary to get rid of the hitherto binding principle of' the primacy of politics over economics.
Czynniki długookresowych zmian na rynkach surowcowych (na przykładzie rynku drzewnego EWG)
(Wydział Prawa i Administracji UAM, 1989) Sobiech, Danuta
The purpose of the article is to distinguish and define relative importance of factors influencing long-term tendencies of changes on raw-materials markets, on: the example of the EEC wood market. The author discusses separately factors influencing the long-term changes in. structure and size of demand, and factors influencing the long-term changes in structure and size of supply. As to the factors influencing the long-term changes in structure and size of demand, the author analyses: the level and rate of economic growth, changes in. the rate of building investment, changes in the output of furniture, package and paper industries, changes in mining and railway industries, changes in the level and relations of wood prices, demographic changes, the possibilities of substitution, changes in consumers' preferences, changes in wood availability and changes in the structure of the economy. As to the factors influencing the long-term changes in structure and size of supply, the author analyses: the area of forests, constant institutional factors (especially the owership structure), investment in forestry, financial and fiscal factors availability of labour, the level of mechanization, the technology of wood production, ecological factors, import of wood, a long-term policy of wood industryand the state interventionism.
Postawy i zachowania prokreacyjne matek pracujących w okresie rozwoju rodziny
(Wydział Prawa i Administracji UAM, 1989) Szuman, Alicja
The purpose of the article is to determine the influence of professional activity of mothers on procreation attitudes and behaviours of these women in the family formation period. The study is based on the questionnaire conducted among 1459 mothers. The analysis showed that professional activity of mothers influences the procreation activity, decreasing the number of children and prolonging the periods between consecutive births. Most working mothers in reproductive age resign from having more children, especially mothers having already 2 or 3 children. The percentage of one-child mothers not wanting to have more children is also high, a phenomenon which evokes serious concerns from a demographic point of view. Motivation for resigning from having more children is diversified. The most frequent reasons are: the increase in costs of bringing up children poor condition of mother's health and inadequate housing conditions.
„Przekształcenie" przedsiębiorstwa państwowego w spółkę
(Wydział Prawa i Administracji UAM, 1989) Kruczalak, Kazimierz
A „conversion" of a state enterprise into a company is an important instrument of stimulating social activity in the direction of creating conditions for preferred economic behaviours and motivations. In the author's opinion a „conversion" of a state enterprise into, a company regulated in Art. 29 of the Act of September 25, 1981, on State Enterprises (Official Gazette 1987, no 35, item 201) and in Ordinance of the Council of Ministers of February 8, 1988 (Official Gazette 1988 no. 6, item 51) is an important novelty in our economic legislation. The said regulation cannot be reduced to a „pure" conversion, like in cases of fusion and division of enterprises, or to a „pure" liquidation of an enterprise. A „converted" state enterprise becomes a joint stock company or a limited liability; company, acquiring both assets and liabilities of a former enterprise. The initiative to convert an enterprise belongs entirely to its organs and not to the organ which founded that enterprise. In a „converted" state enterprise the self-government of a crew does not participate in the management of that enterprise along the rules provided for in the Act of September 25, 1981 on Self-Government of a Crew of a State Enterprise (Official Gazette No 24, item 123 with subsequent amendments). The Commercial Code, which provides the legal basis for creating and functioning of companies, declares that companies shall be independent, self- -governing and self-financing bodies. However, the Commercial Code regulates these features in the way different from the manner adopted in the law regulating the activity of state enterprises. The basis for participating in a company is the initial capital, which is decisive for the scope of rights and duties of partners. A self-government of a company is based on capital. At the same time a self- -go'vernment of a state enterprise crew draws its rights from the labour relationship and is based exclusively on legal provisions. De lege ferenda it seems desirable to postulate the adoption of legal provisions regulating the participation of a crew in the management of „converted" state enterprises. Such a participation might take the form of the participation of the representatives of a crew in a supervisory board with a decisive vote, and in a general assembly of partners with an advisory vote.
Problematyka umów zapobiegających podwójnemu opodatkowaniu
(Wydział Prawa i Administracji UAM, 1989) Georgjew, Edward
Undertaking economic activity by natural and legal persons on territories of foreign countries brings about many legal and organizational problems, connected mostly with double taxation. Double taxation may appear in internal and international relations. It may be of economic or legal character. Preventing double taxation may consist in unilateral, partial or full, renouncement by the State of the rights to collect taxes, in concluding bilateral agreements with respect to double taxation, the agreements which to a considerable extent eliminate double taxation of economic and legal character, and in concluding multilateral agreements which have to take into account complicated diversification of tax systems of various countries. The first agreements to prevent double taxation were concluded in the 1920s and 1930 s. However, the majority of such agreements were concluded in the 1970s, on the basis of a model form of agreement to prevent double taxation worked out by the OECD. The agreements based on the above model are adequately modified according to the arrangement of mutual economic relations and the specificity of tax systems of respective countries. Nowadays the process of tax unification within regional economic systems may be observed. In particular, in the EEC countries the said process is known under the name of „tax harmonization". In the CMEA countries, a great diversity of tax constructions may be observed, despite similarities in socio-economic systems of those countries. It seems that the above diversity has been caused by the adoption of different formuli of managing the national economy in various countries. However, it may be supposed that irrespective of those formuli, an attempt to harmonize tax burdens between the CMEA countries will be undertaken in the future. The most efficient tool to meet the above aim seems to be international tax agreements through which the co-ordination harmonization or unification of tax systems of various countries might best be achieved.
Konstytucyjne gwarancje wolności osobistej. Rozważania de lege ferenda
(Wydział Prawa i Administracji UAM, 1989) Daszkiewicz, Wiesław
Personal freedom is one of the interests which were very early counted among the rights of an individual declared and protected by constitutions. The Constitution of the Polish People's Republic of 1952 generally grants to citizens personal inviolability and stresses that the deprivation of liberty may take place only in instances determined by law. In Polish law legal titles of the deprivation of liberty are highly diversified. They comprise repressive measures, e.g. the deprivation of liberty for criminal offences and transgressions, and to some extent, e.g. in military law, for disciplinary delicts, preventive measures in criminal proceedings, arrest and preliminary detention, executive measures in civil and criminal proceedings, forced hospitalization, e.g. of people with contagious diseases, or of people who commited offences but who require medical treatment in isolation due to the threat they constitute to others, measures applied towards addicts. internment in extraordinary situations, measures applied for diagnostic ses, etc. A new constitution should determine the grounds and purposes of the deprivation of liberty so that to reduce the number of situations when a citizen may be deprived of liberty. Some measures consisting in deprivation of liberty should be eliminated, e.g. executive measures. The grounds and duration of preliminary" detention should be reduced, with the right to apply that measure vested exclusively in a court. The maximum duration of arrest without the court decision should not exceed 24 hours, and the arrested should be informed immediately about the grounds of arrest. In general, preventive measures should be applied only in order to secure the right course of proceedings. A new constitution should also contain the regulation concerning the damages for illegal deprivation of liberty and should provide for the interdiction to apply physical and psychical torture and other forms of inhuman or humiliating treatment to people deprived of liberty.
Rozstrzyganie o prawie do mieszkania po orzeczeniu rozwoju
(Wydział Prawa i Administracji UAM, 1989) Sokołowski, Tomasz
A common right to an appartment vested in divorced spouses is the example of relations the. regulation of which requires a further court decision in a post- -divorce period. The article discusses, the problems of allocation of the right of tenancy to one of the divorced spouses and the issue of admissibility of eviction of one of the divorced spouses from their common apartment. The author is in favour of court proceedings based on Art. 58 § 2 of the Family and Guardianship Code in matters analysed in his contribution. Besides, he is against the tendency trying to place the above decisions with local organs of housing administration.
Formułowanie strategii eksportowej przedsiębiorstwa
(Wydział Prawa i Administracji UAM, 1989) Otta, Wiesław J.
The article attempts to state the principles of formulating export strategy of an enterprise by its management. Formulating export strategy consists in making choices on the basis of a diagnosis of a strategic problem. The choices are concerned with: 1) a domain of export activity — what will the scope of export activity be? 2) a product — market portfolio — what products/services and for what markets will the enterprise export? 3) a programme of activity on target markets — in what way will the enterprise operate in selected markets? Further choices within the process of formulating export strategy are characterized by: 1) a gradual narrowing of objective scope and time limit of choice; 2) shifts in importance and form of criteria of choice — from general premises of adequacy to precisely defined criteria of efficiency. Each phase of choice comprises a set of steps preparing a decision and a process of taking a decision. A passage to further phases of choice is conditioned upon the outcome of a diagnosis of a strategic problem. This procedure is of iterative character — it is possible to return to a stage of diagnosis from a final step of any phase.
Wielkość i struktura gospodarstw domowych w Polsce w świetle powojennych spisów ludności
(Wydział Prawa i Administracji UAM, 1989) Roeske-Słomka, Iwona
The article presents initial results of studies on changes in the model of a household in Poland. The analysis was carried out on census- and microcensus- -based information on households published by Central Statistical Office. Empirical material was made comparable through its aggregation from the point of view of variants of household characteristics adopted in the census of 1960. It was found that up to 1984 there was a constant decrease of the average size of a household in Poland, both in towns and villages. In 1984 an increase in the average size of such a household was noted. Distribution of households as to their size was for Poland in years 1960, 1970 and to a smaller degree in 1974, a left-sided asymetrie distribution, i.e. in general, larger households prevailed over average-sized households. In 1978, distribution of households as to their size was for Poland a close- -to-symmetric distribution. In 1984 a left-sided asymmetry appeared again, though weaker than in 1960 and 1970. Distribution of village households as to their size was always a well-marked left-sided distribution, though weaker in 1978. Distribution of city households as to their size in 1960 was a right-sided asymmetric distribution. In 1970, like in 1974, distribution of city househholds as to their size was close-to-symmetric. In 1978 left-sided asymmetry can be observed; it becomes greater in 1984. Changes occuring in the analysed period in the structure of the households from the point of view of professional activity of their members, both for Poland in general as well as with the distinction between cities and villages, appeared to be even more diversified, i.e. they did not show any distinct uniformdirection.
Plan działalności przedsiębiorstwa. Zarys koncepcji
(Wydział Prawa i Administracji UAM, 1989) Dąbrowski, Zdzisław
The purpose of the article is to present the foundations of creating a conception of a plan of the activity of an enterprise. Those foundations are inspired by the present system changes, especially by the processes of growth of decision- -making independence of an enterprise and by the market-oriented mechanisms of functioning of the economy. So far, our literature has not devoted enough attention to such problems, nor have they rose to the rank of a separate planning discipline. Instead, they were subject of considerations conducted on the side of central planning issues and inspired by subsequent, little changed planning instructions sent from the centre to enterprises. A starting point for the analysis were two methodological orientations, i.e. genetic and teleological ones, which formulate general foundations and directions of possible planning approaches and determine basic procedural courses and systems of planning calculations. However, the first step of planning works is always the analysis of the initial system, offering information about the existence of actual system objective limitations and their future course of development up to the end of a given planning period. Thus, such an analysis determines the conception of a plan of the enterprise activity from the point of view of economic realia. For an enterprise, a source of different challenges and inspirations, limitations and developmental threats is the external surrounding, forcing that enterprise to work out the areas of relative certainty of realization of plans through the mechanisms of tolerance of plans, market stimulation and product strategies, innovativenèss of factors and technologies of production, systems of productive and financial reserves. A central stage of planning is projecting the enterprise activity for future periods, what may take place after multiaspeçt analyses of the initial system and the selection of areas of relative certainty of activity have been carried out. Prospective calculations are performed here — by means of interactions and subsequent iterations — between three groups of plans, i.e. production and sales plans, the plans of personal and material factors of production, and the plans of outlays and effects.
Umowy o korzystanie z cudzych rozwiązań technicznych w obrocie pomiędzy krajami RWPG (w świetle praktyki przedsiębiorstw polskich w latach 1981-1987)
(Wydział Prawa i Administracji UAM, 1989) Nowicka, Aurelia
The article is based on empirical research conducted by the author in the Ministry of Foreign Economic Relations. The research comprised licence agreements (for both export and import), concluded between 1981 -1987 by Polish enterprises with partners from the CMEA countries. Analysing the contents of the contracts the author takes into account the stipulations of the CMEA documents which in the form of "directives" regulate the circulation of so-called „.scientific and technical works". Taken into account were the stipulations of Organizational, Methodical, Economic and Legal Foundations for Scientific and Technological Co-operation of the CMEA Member States of 1972 (in the 1986 version) and the provisions of „model forms of licencing agreements" issued by the CMEA Secretariat in 1975. The purpose of the analysis was to establish to what degree the solutions recommended for application within the CMEA influence the praxis of shaping the contents of contracts. It should be emphasized that licence relations have not yet been regulated in the acts of the so-called „CMEA common '' law". Besides, the author analyses the contents of particular clauses, especially those of importation contracts, from the viewpoint of their agreement with Polish norms regulating the transfer of technology contained in the 1986 Regulation on Principles and Procedure of Exportation and Importation of Scientific and Technical Achievements issued by the Minister of Foreign Trade. The author aims at establishing to what degree Polish licencees are able to secure for themselves preferred elements of the contents of contracts and to what degree contracts for importation of technology from the CMEA countries are tainted with restrictive practices. The author carries out a survey of typical licence clauses, in particular clauses regulating the extent and character of a licence, the transfer of technical documentation, the exchange of technological improvements, the licensor's legal and technical protective measures and the liability for infringing them, technical assistance, licence fees and their payments, measures to protect the secrecy of know- -how, the clauses regulating the settling of disputes and the choice of applicable law. Then, the author turns her attention to the areas of inadequate contractual regulation (especially the problems of liability and the choice of applicable law). She also discovers in importation contracts. concluded with the CMEA countries the existence of practices restricting the economic activity of Polish licences. From among the restrictive clauses indicated in the Regulation of 1986 the author finds the restrictions as to the right of granting sublicences, exportation restrictions and interdictions to question the licensor's protective title. In that connection the author deals with the character of Polish legal norms regulating the transfer of technology and analyses the relation of these provisions to the norms of the Law on Counteracting Monopolistic Practices. She concludes that restrictive licence clauses may be subject to, sanctions provided for in the Law. The last part of her article is devoted to the problem of transfer of technology within joint ventures carried out with partners from the CMEA countries. Legal foundations of such a form of co-operation and means of transfering the technology within joint ventures have been discussed.
Godność jednostki w aktach międzynarodowej ochrony praw człowieka
(Wydział Prawa i Administracji UAM, 1989) Zajadło, Jerzy
In many acts on international protection of human rights there appears the notion of „inherent dignity of a human being". According to the author, too little attention has so far been devoted to that concept Therefore, the main purpose of the present article is an attempt to determine the origin, scope, contents and functions of the concept of dignity in different systems of protection of human rights. A starting point for the author's considerations is the analysis of the UN Charter and Universal Declaration of Human Rights, The origin of introducing the notion of dignity into public international law is connected with the tragic experience of the WW II. Then, the author-analyses different acts of hard and soft law of international protection of human rights,, both with respect to a universal as well as to regional systems. The object of considerations are also some norms of international humanitarian law. In the author's opinion the notion of dignity appears in two basic meanings: as personal dignity and human dignity. In the first- mąening it is a synonym of honour and good name, whereas in the second it is concerned with the essence of humanity and is tightly connected with human rights. In international acts of protection of human rights, human dignity plays the role of a legal principle in a sense of a certain ideal as well as the role of a legal rule in a sense of a definite norm. In his concluding remarks the authors states that the contents of the notion of human dignity should be subject to further concretization in the norms of public international law. It is the- only way for the principle of respect for dignity of a human being to become the foundation of universal justification of human rights on one hand,, and the meta-rule of interpretation on the other.

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