Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1987, nr 1
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Item Spis treści RPEiS 49(1), 1987(Wydział Prawa i Administracji UAM, 1987)Item Problemy reformy systemu podatkowego(Wydział Prawa i Administracji UAM, 1987) Komar, AndrzejThe article discusses the indispensability of the reform of Polish tax system. The author begins with the economic, social and political conditions of such a reform. The above background serves him for presenting the shortcomings of the present tax system. The need of tax reform with respect to socialized economy, non-socialized economy and the population has been stressed. As far as the taxes levied on socialized economy are concerned, the author postulates to replace the turnover tax with the value added tax, what would result in limiting fiscal stringency of the former. As to the income tax, the author suggests to reduce its fiscal effects. They limit the self-financing capabilities of enterprises, especially their investment capacities. With respect to taxes levied on non-socialized economy, the postulate of simplifying the forms of their assessment and collection has been put forth. The present forms are not always understandable for taxpayers and, in consequence, difficult to apply. Besides, in this way they limit the scope of private economic activity. The author formulates also the argument about the need of preparing the conception of universal income tax levied on the population. In that context he suggests taking into account the methods of shaping the level of income and prices. He ends his consideration with the thesis pointing to the urgent necessity of reforming the tax system.Item Instrumenty prawne polityki kadrowej wobec nauczycieli akademickich(Wydział Prawa i Administracji UAM, 1987) Kijowski, Andrzej; Siemieński, FeliksThe article is devoted to more important legal instruments in the sphere of personnel policy towards academic teachers provided for by the Law of May 4, 1982, and especially by its amendment of July 25, 1985. The article is centered on the issues of qualification requirements, appointing to a university post, periodical evaluations of work results, promoting, transfering to another school or scientific institution, the termination of employment and the realization of some employée's rights. The authors indicate that with respect to the above issues, also the chief organs of state administration, especially Minister of Science and Schooling of Academic Rank and Ministers supervising particular types of schools, are the subjects of personnel policy. However, most of the powers are vested in bodies acting within a given school, primarily in one-person organs (Rector, Deans) or — to some extent — in collective bodies (Senate, Faculty Councils). By virtue of the amendment of 1985, the status of subjects of personnel policy is vested also in the school's appropriate political parties' instances. They are entitled to decide jointly with the rector in the matters of the school's personnel policy, yet the above cannot be identified with an individual decision to employ or to fire a given person. However, the amendment did nor reintroduce the powers as to the personnel policy which were vested in trade unions in years 1972 - 1982. The authors reach the conclusion that the powers of the subjects of personnel Policy are for the most part the object of their imperative legal duties. However, in the authors' opinion the provisions of the Law often leave too much discretion, especially with respect to termination of employment, which may occur either by way of disciplinary penalty imposed by a disciplinary board or by means of the minister's or rector's decision. In order to avoid the abuse of the said discretion and to use it for rationalizing the personnel policy, and especially for integrating the academic community, the purposes of the Law and the individual circumstances should be taken into account in the process of applying the Law, together with good academic customs, which must be considered the concretization of the Law's provisions.Item Charakter więzi prawnych pomiędzy przedsiębiorstwem państwowym i jego dyrektorem(Wydział Prawa i Administracji UAM, 1987) Stefaniuk, KrzysztofDirector is — in the light of the Law of September 25, 1981 on State Enterprises — an organ of a legal person and at the same time a manager of a plant in the light of labor law. Both legal categories serve to indicate a natural person (persons) authorized to act in the legal sphere of a given economic unit recognized as a subject of law, with the effects falling to that unit (to a legal person, a plant). The legal construct of a director may therefore be perceived and analysed as a set of combined legal relations between an enterprise (a legal person, a plant) and a natural person designated in a specified way as a director. The legal relationship of an organ is a relation under civil law, although its structure and contents differ from typical civil-law relationships, the paradigm of which is the relationship resulting from an obligation. Its contents are the powers of a natural person designated as an organ to undertake legal transactions with effects falling to a legal person, and its function is shaping ("organizing") other civil- law relations of a legal person. In view of the said function, the legal relationship of an organ may be defined as an organizational relationship under civil law. In civil law the relationships of such a kid appear also in the situations other than concerning legal persons; representation is an example of such a relationship. A natural person appointed to be director is linked with an enterprise by an organizational relationship under civil law. With that relationship the organizational relationship under labor law is combined ex lege. It is justified to define the construct of a manager of a plant in this way since it indicates a natural person authorized to organize, on behalf of a plant, the employment relations. Besides, a person appointed director is linked with an enterprise by the employment relation resulting from an obligation, the contents of which is, in particular, the duty of the appropriate use of powers flowing from the two organizational relations mentioned above. In the light of the law in force, the employée status is an inseparable element of the legal status of a director, for it is impossible to appoint a given person to be director — an organ of a legal person and a manager of a plant — without establishing with such a person the employment relationship. The connection of the three types of legal ties within the legal construct of a director is its characteristic feature. In cases of other managing bodies hiring employées such a connection of different ties does not occur. The above basic differences lead to more detailed differences in legal regulation of the director's situation in comparison with eg. the board of a cooperative or of a commercial company. In the light of the Law on Enterprises, it does not seem possible to treat a director as an organ of state administration. He does not act on behalf of State but on behalf of an enterprise and, in principle, he is not equipped with powers to shape imperiously and unilaterally the legal position of other subjects in the sphere of administrative law. On the other hand, he is not officially subordinated to the establishing organ. In turn, the explanation of his personal subordination to that organ lies in the construct of an enterprise as a so-called dependent legal person rather than in the construct of a director as an organ of State administration.Item Problemy samodzielności decyzyjnej przedsiębiorstwa uspołecznionego(Wydział Prawa i Administracji UAM, 1987) Dąbrowski, ZdzisławThe article aims at presenting basic problems of decision-making independence of an enterprise arising in connection with the present (instituted in 1982) economic reform which opened new and hitherto unknown possibilities for an enterprise to shape independently its own activity at short and long range. The considerations are laid in a historical background, helping to accentuate innovatory and progressive conceptions of the reform and to expose the facts of retaining or rejecting some solutions introduced by previous reforms. The starting point has been provided by the thesis about limied decision-making independence of an enterprise as long as the national economy functions under the conditions of socialized basic means of production and the active role of the central plan. However, the above does not settle explicitly the question of the range and types of independence; the latter may be shapd in various ways. Accepting fully an extensive, and as broad as possible, independence of an enterprise in current and developmental matters, the author carried out the detailed analysis of three main decision-making spheres: 1) the decisions concerning production and exploitation, 2) the decisions concerning supplies and sales, 3) the decisions concerning property and income. The results of the analysis are to inform the management of new opportunities and prerogatives of its decision-making activity and of the problems to be autonomically overcome and solved by means of decision-making measures.Item Demoekonometryczny model gospodarki Polski(Wydział Prawa i Administracji UAM, 1987) Sojka, ElżbietaThe article contains the presentation and analysis of results of the estimation of the model of Poland's economy. The model is the continuation and extension of Z. Pawlowski's DEMP model constructed in 1980. The model is to show interrelations between the economic and demographic phenomena and allows to examine the question whether the demographic phenomena are really conditioned by the economic factores and vice versa. The endogenic sphere of the model, composed of 39 variables, was divided into 6 segments: te national income, the employment, the investments, the consumption, he foreign trade and the demographic processes.Item Międzynarodowy handel i transfer czynników produkcji w ugrupowaniach krajów EWG i RWPG(Wydział Prawa i Administracji UAM, 1987) Najlepszy, Eugeniusz; Stawarska, RenataThe main purpose of the article is an attempt at evaluating comparatively the changes and tendencies in commercial, financial and technological (relations occuring within the EEC and the CMEA in the '70 ad the early '80. The analysis includes the changes in the size and structure of trade resulting — among others — from the processes of specialization occuring within both groups. The research includes also the forms and size of capital and technology flow within the EEC and CMEA and the factors determining the said flow. The conclusions point out to a relatively higher — in comparison with the CMEA — capability of the economies of the EEC countries to adapt to the main tendencies of changes occuring in the structure of demand on world market.Item Sylwetka naukowa Zygmunta Dulczewskiego(Wydział Prawa i Administracji UAM, 1987) Kwilecki, AndrzejItem Z poglądów na rodowód polskiej kultury ludowej(Wydział Prawa i Administracji UAM, 1987) Burszta, JózefThe origin of a given culture, including the folk culture, may be analysed in twofold way: 1) one may follow chronologically all the sources and influences which in the end made up a given culture (it requires, however, a lot of space); or 2) one may present the views on that origin appearing in the history of scientific thought (here: ethnology). Choosing the latter approach, the author dwells on selected, most important views expressed in Polish ethnology The author first analyses the romanticistic views on folk (peasants') culture, then the remarks on the concept of folk culture expressed by the selected representatives of ethnological thought: by Stanisław Poniatowski (1932), Jan S. Bystroń (1936 and 1947) and — more closely — by K. Dobrowolski (1958 and later works) in his integral-systematic approach. Finally, the author presents the assumptions and achievements of modern ethnology, stressing the structural and semiotic methods.Item Teoria społeczna a technologia społeczna. Próba rekonstrukcji stanowiska Floriana Znanieckiego(Wydział Prawa i Administracji UAM, 1987) Cichocki, RyszardThe article attempts at reconstructing F. Znaniecki's standpoint as to several selected issues focused on the problem of social technology. The first part characterizes in general terms his attitude to (different types of reflection on society, namely to social philosophy, to practically oriented social knowledge and to social theory. Seeing the need or even the necessity of the coexistence of these three types of reflection on society, he is none the less of the opinion that the sociologists should first of all deal with creating theoretical social knowledge, possible to be verified empirically through its practical application. The next part contains the elaboration of the dilemma which — according to F. Znaniecki — modern societies, being in the phase of an accelerated social evolution, will have to face. The last two parts of the article deal with the processes of differentiation of various forms of social technology, as well as with general characteristics of those forms and with an attempt at pointing out to the conditions necessary to the rise of something called by F. Znaniecki „the rational social technology".Item Krytyka Goffmanowskiej koncepcji statku morskiego jako instytucji zamkniętej(Wydział Prawa i Administracji UAM, 1987) Janiszewski, LudwikMost sociologists researching a ship, especially those analizing the social structure of people who work and live there and the system of managing and commanding a ship, refer to the conception of „the total institution" formulated by a distinguished American scholar Ervin Goffman. The essence of his conception consists in isolating and analysing four main features (attributes) which are to distinguish a total institution; including a ship, from other social institutions. The present article contains criticism and formulates doubts with respect to the scientific status of Goffman's conception and its application as a theoretical model in empirical studies of a ship.Item Czynniki wpływające na pozycję człowieka starego w rodzinie(Wydział Prawa i Administracji UAM, 1987) Kotlarska-Michalska, AnnaThe article attempts to formulate the typology of factors influencing the position of an old man in the family. The typology is preceded by the analysis of factors which turned out to be of importance in the light of gerontological and sociological studies. The author suggests that the position in the family should be determined through: 1) the importance of the performed family roles; ;2) the scope of rights and duties; 3) the range of power; 4) the degree of authority, The analysis undertaken in the present article comprises three groups of factors: the economical factors, the family factors, and the social factors. To the group of economical factors influencing the position of an old man in the family belong: the level of income, housing conditions, material goods in the household, the level of savings', financial independence and the manner of keeping house. To the group of family factors belong: family status, house occupancy situation, satisfactory marital life, performed family rales, the participation in performing functions, the capability to render help and the degree of family integration. The third group of factors influencing the position of an old man in the family are social factors such as: employment activity, social activity (sociability), posts held in social and political organizations, participation An authorities, social and employment status. The results of studies, frequently referred to in the course of the analysis, indicated indirecitly that there are also other factors (other than those classified in the above (three groups) whose impact on the position of an old man in the family should be the object of separate studies. Such factors include cultural, psychophysical and individualistic factors. Generally speaking, the position of an old man in the family is not a staple transposition of his position lin the society. The decrease in the social position is compensated by the increase in the family position in effect of the activity performed in realizing family roles and functions'.Item Florian Znaniecki w świetle monografii Zygmunta Dulczewskiego(Wydział Prawa i Administracji UAM, 1987) Kowalski, StanisławItem Paradygmat ideologicznego pojmowania społeczeństwa(Wydział Prawa i Administracji UAM, 1987) Kozyr-Kowalski, StanisławThe article presents those of the basic theses of Hegel's philosophy of society and history which most clearly reveal something that was called "ideology" by Marx and Engels. The paradigm of ideological interpretation of society created by Hegel still persists in scientific and non-scientific thought. Nowadays, it most often assumes the form of cryptotheory: a set of tacit assumptions which concern the construction, functioning and changes of global societies and are accepted in the analysis of particular theoretic and empirical problems. In the author's view, the basic elements of paradigm of ideological analysis of society are: 1) "objectivism" — i.e. considering the laws of social life and history to be the forces which are separate and independent of human actions, 2) monoideologism or ideological reductionism, 3) theoretical stateism, 4) identifying all economy with bourgeoios, early capitalist economy, 5) ideological determinism — i.e. assuming in the analysis of the impact of ideas on social life the same conception of macrositructural and macrohistorical causality which was the foundation of "vulgarly" materialistic determinisms: geographis, demographic, racial and antropological and economic.Item Niektóre zagadnienia metodologii zadań socjologicznych(Wydział Prawa i Administracji UAM, 1987) Krzykała, FranciszekThree basic spheres of analysis have been distinguished in the present article. The first one is concerned with the distinction between the research methods, understood as systematically applied ways of conduct or ways of analysing the reality and research techniques, understood as a set of tools, procedures, means and skills used in empirical studies. The second sphere is concerned with the application of three ways in striving to recognize the reality. One of them leads to sensory cognizance. Referring to the views of empiricists and sensualists as well as to G. Simmel's sociological conceptions, the author shows how different the world of social and interpersonal relations, their development and structure, appears to be depending on its perception through different sensory channels (especially if one compares a person born blind or deaf-mute with a person with unimpaired sight, hearing and speaking abilities). Another way leads to intellectual cognizance. Referring to the arguments of the representatives of rationalism, the author shows the cansequences of such one-sided standpoint, and points out to the views of Marxist epistemology in that respect. Finally, there is the way of informative cognizance, which allows to settle the epistemological dispute about the sources and ways of recognizing the reality. The third sphere concerns the terminological disputes. It has been stressed that terminological considerations are scarce, despite their importance in discovering the relations between the analysed segments of the reality as well as in discovering what exists objectively. Finally, the author indicates the properties every scientific term should be characterized by and the norms of conduct which should be applied in formulating new terms.Item Autochtonizm i autochtonizacja(Wydział Prawa i Administracji UAM, 1987) Kwaśniewski, KrzysztofThe article discusses the above concepts as phenomena and ideologies concerning a generic bond between a given community and the region or national territory of their residence; furthermore, it discusses the tendencies to retain or to form such a bond. In the age of modern migrations, autochthonism can neither be isolationism nor pure nativism. It must be connected with the ideology of revitalisation, which allows for the autochthonisation of immigrants without denying the autochthonism of residents and without destroying the cultural identity of the region or the nation. The autochthonisation of immigrants in the regions which are their ideological homeland but at the same time lack native population (like in some parts of Polish Regained Territories) cannot be a mere ideology but should be supported by adequate organizational, cultural and political measures. Such efforts must be undertaken, for neither isolationism nor programmatic allochtonism can satisfy the natural need of "being from somewhere".Item Problem jednostki ludzkiej w systemie społecznym Józefa Supińskiego(Wydział Prawa i Administracji UAM, 1987) Leońska, LidiaIn his theory, Józef Supiński — the father of Polish sociology — has many times expressed his interests in the problems connected with the issue of human being. According to his concept, an individual is subject to the general and universal laws of nature. Such an approach — with an apparent mechanistic concept of an individual and his social life — can be found in anthropological considerations of both ancient and contemporary materialists. Józef Supiński goes further: a human being is not only determined biologically but socially as well. The basic norms of social life are work and learning (aspiration for knowledge). Both work and the aspiration for knowledge are characteristic of a human being; i.e. are the attributes of human species. The anthropological conception of man presented by J. Supiński corresponded with the view on the nature of the reality of positivism, the new epoch emerging in those days in Poland.Item O niektórych współczesnych inspiracjach metodologicznych w socjologii(Wydział Prawa i Administracji UAM, 1987) Leoński, JacekModern sociology is nowadays trending away from the traditional, positivistically oriented methodological tendencies. One of contemporary tendencies refers to the findings of humanistic sociology, especially to the conceptions of G. H. Mead, H. Blumer, A. Schultz or to ethnomethodology. The said tendency points out mainly to the fact of the interpretation of the reality by indywiduals. Human society is given through the system of various signs and symbols, the language being the most important among them. Therefore, the analysis of the language, of its meanings and classifications, is very important in grasping the process of interpreting the reality. Another approach is offered by the French sociologist, A. Touraine. His conception is connected with the analyses of social movements and possesses the characteristics of humanistic approach to the object and method of sociological research. The method of research procedure applied by A. Touraine, called "intervention sociologique", is a typical example of antipositivistic trend in sociology.Item Rozmyślania w związku z trzydziestą rocznicą wypadków poznańskich(Wydział Prawa i Administracji UAM, 1987) Markiewicz, WładysławThe article contains consideration on social and political situation existing in time of workers' protest in Poznań in June 1956 and on contemporary and later scientific and political interpretations of these events. The author is interested in internal and international conditions of social tensions in Poland. It is his view that the elements of crisis lay not only in the assumed model of laying down the foundations of the new political system but also in the errors of politicians who in due time were not able to bring themselves to necessary reformatory actions.Item Małżeństwo w systemie wartości rodzin marynarzy(Wydział Prawa i Administracji UAM, 1987) Sosnowski, AdamThe article is the outcome of several years of studies of the problems of marital values in the families of seamen. In the theoretical sphere, the author refers to various formulations concerning the concept of "value". He begins with general (lexical) notion of that term; then he passes on to the presentation of its meaning in axiology, in the science of culture, social psychology and sociology. Next, various operationalizations of the concept of "value" in sociological research, both Anglo-American and Polish, have been presented. The following part contains the analysis of some results of studies of marriage and family as values. In the last part of the article an original attempt at empirical application of the term "the system of values" in studies of seamen's families with respect to the results of research conducted in 1978 - 1980 has been presented. The article ends with conclusions and assumptions and hipotheses to be verified in future.