Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1994, nr 4
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Item Spis treści RPEiS 56(4), 1994(Wydział Prawa i Administracji UAM, 1994)Item Wprowadzenie(Wydział Prawa i Administracji UAM, 1994) Czepita, StanisławItem Teoria prawa a polityka i zasady legislacji(Wydział Prawa i Administracji UAM, 1994) Ziembiński, ZygmuntIn the paper an attempt is made to structure the concepts concerning the relation between the theory of law, the policy and the legislation. The author has distinguished and described the theory of law as (1) a structured set of theorems and (2) a discipline of science. When the term 'policy' refers to certain social actions undertaken in order to achieve a pre-defined goal, then the meaning of policy represents the methodological characteristics of the policy of law. In that context complex interrelations and dependencies between theorems of the theory of law, directives of the policy of law and the principles of legislation are analysed.Item Transformacja ustrojowa jako proces społeczny(Wydział Prawa i Administracji UAM, 1994) Turska, AnnaThe relations between transformation in the political and legal aspects and the social changes caused by that transformation have been investigated on the example of selected post-communist countries and communities. The authoress places this transformation among such concepts as solution, innovation, modernisation or revolution and discusses the changes occurring in the model of social order. On that basis a differentiation between evolutionary and anti-evolutionary approach to the problems of transformation has been made and the social acceptance of the changes analysed.Item Władczy oraz negocjacyjny typ tworzenia prawa. Szanse i zagrożenia(Wydział Prawa i Administracji UAM, 1994) Kustra, EwaThe paper begins with a distinction between the autocratic and negotiating type of the legal system and related to it autocratic or negotiating type of the law making. The two types served as models and have been described by referring them to the concept of the law-making programme. An autocratic type is seen as having goal-oriented programmes, whereas the negotiating type seems to be based on conditioning and procedural programmes. Advantages and disadvantages of each of the two models have been discussed and a possibility of instrumentalisation of the law in a given model considered. It has been emphasised that the negotiating manner of law-making does not always make it possible to overcome difficulties resulting from the autocratic type.Item Reguły konstrukcji systemu prawnego a prawotwórstwo(Wydział Prawa i Administracji UAM, 1994) Czepita, StanisławThe paper focuses on the place and role of the rules according to which the legal system in the law-making process are being constructed. These rules are seen as a special type of rules governing conventional behaviours. The author emphasises however, that the manner in which they are described depends on our vision of the law (be it positivist, legal/natural, technological, rhetoric/topical or communicative). Further, the properties of the rules in the legal system structure are discussed. They are seen as rules which control the whole law-making process as well as a subject matter of the process.Item Prawo Wspólnoty Europejskiej w aspekcie teoretycznym(Wydział Prawa i Administracji UAM, 1994) Król, Małgorzata; Zirk-Sadowski, MarekThe paper attempts at a brief presentation of theoretical and legal problems which appear in the context of the European Community Law. First, the sovereignty of the Community, the predominance of the Community Law over the laws of member countries and direct application of the Community Law are discussed. Next, the Community Law as a legal system, the application of that system by courts in different member countries and its axiological assumptions have been investigated. The conclusion is that the Community Law is a legal order of a completely new type, and cannot be analysed within the framework of positivist concepts.Item Sposoby uczestniczenia prawników w kulturze(Wydział Prawa i Administracji UAM, 1994) Zirk-Sadowski, MarekThe author looks at the legal system as a sub-system in the system of cultural norms. In that context the participation of lawyers in culture, as it arises from their specific function in the society, is discussed. The participation of lawyers in culture has been described as a reflexive participation in a certain communication community. Different forms of such participation in different societies have been considered with a view of finding why there is a common and widespread tendency to treat the participation of lawyers in culture only instrumentally. Finally the author postulates a form of a dialogue culture characterised by a critical/innovative approach.Item Uwagi o aksjologicznych aspektach działalności legislacyjnej w dziedzinie prawa publicznego (konstytucyjnego) w Polsce(Wydział Prawa i Administracji UAM, 1994) Winczorek, PiotrThe paper concerns axiological problems arising in connection with the fundamental changes of the Polish constitutional law after the fall of the communist system. The author considers possibilities of legitimising the laws made in communist Poland and their binding force in Poland today. Further, axiological assumptions of the legal system being currently constructed and dilemmas connected with this task have also been discussed. In consideration of axiological pluralism of the contemporary Polish society, every attempt to provide normative solution in the field of constitutional law must be described either as compromising between various axiological approaches or enforcing one axiological option.Item Kontekst czasu w powstawaniu Konstytucji (problem wykorzystania efektu reakcji na zmianę społeczną)(Wydział Prawa i Administracji UAM, 1994) Leszczyński, LeszekThe paper reflects on the role of time in the process of the making of a Constitution as a reaction to fundamental social transformations. The process of the making of the Polish Constitution is offered as an example. In the author's opinion, the length of time spent on the law-making is a relative value. Three groups of factors which influence the work on the Constitution have been identified. They include competence of the law-makers, unclear procedures, disputes over the contents and axiological assumptions relating to the future Constitution, political and tactic reasons. At the same time the author explains why time factor is important and how a delay beyond a certain time limit may weaken the interest in a new Constitution, or even the need for changes and new regulations to be implemented.Item Pojęcie natury i prawa naturalnego w koncepcjach kontraktualistycznych(Wydział Prawa i Administracji UAM, 1994) Śmiałowski, JerzyAn attempt is made to prove that the concept of a social agreement is still theoretically prolific. In the author's opinion this is related mainly to the role ofthat concept in the legitimisation of the state power in the light of a collapse of legitimisation established on the concept of social classes or racial conflicts. Different types of a social agreement concepts have been described and attempt was made to specify the concept of nature and related concepts. Primary and secondary natural norms and behaviours have been differentiated and assessed on the basis of moral grounds and their fitness to the existence of the human kind.Item Wybrane problemy źródeł prawa(Wydział Prawa i Administracji UAM, 1994) Piotrowski, Artur; Kozłowski, Tomasz; Piszko, Robert; Kordela, MarzenaThose papers concern selected issues taken from the area of the origin of the law and the legal system. The authors consider relations between changes in the concepts of the origin of law and formal transformations of the legal system. A. Piotrowski stresses an increasing number of judicial decisions in the Polish statutory law, which in consequence blur the sharp line between the making and the execution of law. T. Kozłowski describes difficulties which are currently encountered in the process of the law-making in the light of a collapse of the authority of the law, and postulates a detailed research into that phenomenon. R. Piszko provides a global characteristics of the relations between the legal system and other systems outside that system, operating in the same environment and argues that concepts in that area should be precisely defined. M. Kordela discusses the role of ombudsman in Poland in the reconstruction process of legal principles (material, formal and institutional) on which a concept of legal state, and the contents of its concept are based.Item Obraz Ukraińców powracających z Ziem Zachodnich na swoje tereny ojczyste(Wydział Prawa i Administracji UAM, 1994) Leoński, JacekThe paper focuses on the problems of internal migration, describing the return of Ukrainians forced to leave their homeland (Przemyśl province) during the communist rule in 1947.Item Ogólne zagadnienia polityki prawa(Wydział Prawa i Administracji UAM, 1994) Niesiołowski, Jarosław; Gromski, Włodzimierz; Kozak, ArturThese papers concern certain general concepts of the policy of law. The authors identify the weaknesses of the existing model and postulate a need to construct a new one. J. Niesiołowski proposes a concept which would include not only the policy of the making of the law, but also the policy of its application as well as using other's rights. W. Gromski considers the collapse of the model of a policy of law adopted to the centrally planned economy and presents various aspects of a possible dispute over the concept of the limits of the policy of law in a market economy. A. Kozak points out the difficulties which the policy of law encounters, arising from the fact that the law makers do not account for a possibility that legal regulations may, in practice, be interpreted and construed differently than the original intention of the law-maker.Item Szczegółowe kwestie polityki prawa(Wydział Prawa i Administracji UAM, 1994) Municzewski, Andrzej; Majchrowski, Jan; Sut, PawełCertain detailed issues of the policy of law are considered. The authors emphasise the axiological aspect of the application of law as a social influence. A. Municzewski reconstructs the purposes and effects of amnesty acts in Poland, pointing to a short-lived result of amnesty in the whole process of penal policy-making. Certain other aspects of a number of amnesty acts in Poland have also been revealed. J. Majchrowski writes about social costs incurred when the law is utilised as an instrument helping to achieve certain emergency or temporary goals. This is illustrated on the example of the electoral act to local governments in Poland. P. Sut postulates a reform of the sphere of intimacy in the Polish law, by, on the one hand providing an explicit definition of the 'sphere of intimacy' and differentiation it from the 'sphere of privacy', and on the other hand by implementation of a more extensive responsibility to indemnify a person for damages when that sphere has been infringed.Item Polityka kursu walutowego w Polsce w latach 1990 - 1994(Wydział Prawa i Administracji UAM, 1994) Kowalski, TadeuszThe purpose of the paper was to investigate the manner in which exchange rate policy was carried out in Poland in the years 1990 - 1994. Relations between the exchange rate policy and monetary policy as well as changes in the foreign trade structure after the implementation of exchange policy have been analysed and a differentiation between a fixed exchange rate and the crawling peg has been made. Despite the controversy over the first phase ('overshooting' and delayed introduction of the crawling peg), the foreign exchange rate policy in the investigated period deserves to be evaluated very highly. A recommendation drafted in the paper proposes a change in the structure of the currency basket (which should consist of ECU and USD only) and gradual lowering of the crawling peg rate until a fixed exchange rate is achieved when inflation rate is reduced to a one digit level.Item Przegląd piśmiennictwa RPEiS 56(4), 1994(Wydział Prawa i Administracji UAM, 1994)Item Sprawozdania i informacje RPEiS 56(4), 1994(Wydział Prawa i Administracji UAM, 1994)