Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1996, nr 1

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    Spis treści RPEiS 58(1), 1996
    (Wydział Prawa i Administracji UAM, 1996)
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    Od redakcji RPEiS 58(1), 1996
    (Wydział Prawa i Administracji UAM, 1996)
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    Ewolucja kompetencji Komitetu Praw Człowieka
    (Wydział Prawa i Administracji UAM, 1996) Michalska, Anna
    Pursuant to Art 40(4), following consideration of State's report, the Committee transmits to the State Parties "its reports, and such general comments as it may consider appropriate". The interpretation of this provision has met with great difficulties in the Committee and its practice has been largely blocked by the differences of opinion in the interpretation of opinion cited above. In recent years the Committee undertook a number of efforts to adopt a more evaluative approach towards State reports. Since the mid-eighties it has become a common practice for the Committee members to submit a quasiconcluding personal statement on the human rights situation in the State concerned. In 1992 the Committee started a new initiative by appointing Special Rapporteurs with the task of adopting comments on every State report. These comments were adopted by consensus and are formulated in rather general and cautious terms. Nevertheless, the sections on "principal subjects of concern" as well as the final "suggestions and recommendations" also point to specific human rights violations and developments. The fact that the Committee prefers to call these evaluations "comments" rather than "reports" as provided for in Art. 40(4) shows its careful step approach from "review" to "control". The individual communications procedure is concluded with "views" on the violation of the Covenant by the State Party. The Committee does not confine itself to the mere determination that the Covenant has been violated but it usually concludes the view with a statement on the resulting obligations of the State Party. The views adopted by the Committee are not binding under international law. The Optional Protocol does not provide any measures for supervising their enforcement and State Parties are not obligated to inform the Committee of the measures they have taken with regard to decided cases. In 1990 the Committee formalized this procedure by issuing a statement concerning measures to monitor compliance with its views. The Special Rapporteur for the Follow-Up of Views is appointed each year. This Rapporteur is entrusted to communicate with States Parties and victims of a violation and to make to the Committee recommendations on any further action. The guidelines for the preparation of State reports were supplemented with a section concerning actions in response to individual communications. The Annual Reports of the Committee contain information on the replies of States to the Special Rapporteur's requests.
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    Norma kompetencyjna art. 384 k.c. do określania szczególnych warunków umów konsumenckich
    (Wydział Prawa i Administracji UAM, 1996) Radwański, Zbigniew
    The author believes in rejecting the concept of regulating consumer contracts through directives of the Council of Ministers issued on the grounds of a general competence norm, which had been adopted under the Polish People's Republic. It follows from the overall premisses of the civil law which functions in a market economy that the fundamental tool for shaping the contents of civil and legal relations should be a contract together with general conditions of contracts universally applied in mass consumer turnover. It is not the state but the parties - or one of them upon the permission of the other - which are to decide upon the contents of the relations in question, with implementation of dispositive norms excluded. The state's role ought to consist, above all, in controlling the general conditions of the contracts and not in their issuing. This is the direction indicated by the directive of the EEC 93/13, of April 5th 1993, under which the member countries are obliged to define in their legislation unlawful clauses in contracts with consumers.
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    Nowe prawo procesowe w sferze administracji publicznej
    (Wydział Prawa i Administracji UAM, 1996) Janowicz, Zbigniew
    The author refers to his earlier articles published in the journal and discusses the changes that have recently been introduced into Poland's law of procedure, or are about to be introduced. He devotes much consideration to the Act of May 11, 1995, on the Chief Administrative Court, together with some model changes. However, the very wide range of powers now conferred on the Court may lengthen the time period of settling complaints. The author points at the disintegration of the law of procedure, manifest, among others, in the exclusion of proceedings in the Chief Administrative Court from the Code of Administrative Proceedings. The attempt to exclude from the Code which gives the citizen large proceedings securities, the proceeding in tax cases and its regulation under a separate Act gives cause to greatest anxiety.
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    Wyzwania moralne w czasach transformacji gospodarczej
    (Wydział Prawa i Administracji UAM, 1996) Ryan, Leo V.
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    Czy ekonomia jest nauką?
    (Wydział Prawa i Administracji UAM, 1996) Czerwiński, Zbigniew
    There is no universally accepted definition of science that would fit the very differentiated field of research, comprising, among others, mathematics, physics, biology, psychology, archaeology, economics, etc. It is, therefore, easy to define science in such a way that some fields od research will fall under the category of science and the others will not. If (as it was in vogue among positivists and physicalists) we recognize as the model-science physics with its universal and exact (as a rule quantitative) laws, valid independently of time and space, economics would have to be located outside the scope of science, because it is unable to discover such laws in the behaviour of economic agents (unless they are trivial or purely analytical). This is due to the fact that economic agents (producers, consumers), as human beings, do not react to the impulses coming from the setting in which they find themselves as regularly and automatically as physical objects. Economic agents adapt their current behaviour to their changeable aims, taking into account results of their past behaviour which brought them success or failure. Keeping in memory all their past, they constantly learn, and modify their reactions to impulses, if they think another reaction will this time be better. Besides, the whole natural, technical, and institutional setting of economic activity constantly changes. This is why physical science does not seem to be an appropriate model of economic science. The idea of the unity of science, expecting all sciences to more or less follow the pattern created by physics is unfeasible. Economics seems to be able to discover only propositions of "local" character, valid only in some narrow time-space interval which, incidentally, makes it hard or even impossible to transfer scientific achievements of economists from one country to another, contrary to relatively easy transfer of the results of physical science.
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    Wzrost gospodarczy a transformacja ustrojowa Polski (Polska pod koniec lat 90-tych XX wieku)
    (Wydział Prawa i Administracji UAM, 1996) Wilczyński, Wacław
    The fast economic growth in Poland following 1992 has resulted from a higher degree of advancement of the real transformation rather than from the formal progress of privatization. The "market mentality" has been more developed than in the neighbouring countries. Continuously low production costs make a profitable official export and border trading possible. The market mechanism dominates in the functioning of economy. The parliamentary elections of 1993, won by the pink-green coalition, have endangered the process, despite the former's programme-declared wish to continue the reforms. Privatization has been hindered and its status as a condition of success underestimated. Attempts at an instrumental approach to money has been observed. The dangers of budget deficit and public debt has not been recognized enough. Tendency to monopolization of some branches of economy and to restrict the free market have appeared. In economic policy one can notice the rebirth of the ideology of a wide-reaching state interventionism seen in terms of a legimitized centralism. The continued division of economy into the market and nonmarket sectors has made it impossible to change the structure of budget spending and to maintain strict financial and credit policy. In economical terms the absence of a costs and prices barrier poses the greatest danger. It leads to a fast growth of costs and prices and the loss of competitiveness by Polish products. On the other hand, the growth of foreign currency reserves by NBP (National Bank of Poland), much emphasized by the government, has not turned out to be inflatiogenic. The condition for strengthening the tendency for growth in economy is a full implementation of the systemic properties of market economy: microeconomic rationality based on private ownership, introduction of a free market mechanism and a stable, exchangeable currency which enforces rational behaviour. Because it is the high inflation that still poses the greatest danger to economic growth.
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    Wielodyscyplinowość i interdyscyplinarność statystycznych badań zjawisk społecznych
    (Wydział Prawa i Administracji UAM, 1996) Wierzchosławski, Stanisław
    The modern progress in civilization and socio-economic life has resulted in science being addressed with ever more complex tasks and problems, which extends the competence of one single discipline as well as the potential scientific scope of one researcher's work. Hence complex teamwork research is more and more often initiated, with several fields of science participating. A new type of multidisciplinary and interdisciplinary studies is being born. The paper focuses on this set of issues and argues the case on the example of social phenomena, both in terms of elementary philosophy of science and the methodology of statistical research. Even though multidisciplinary studies has been conducted for quite a long time, the literature on the methodology of science lacks more comprehensive sober statements on research experiences and methodological reflection, as well as presentation of model conceptions and research procedures. This allows to state that the issue in question still remains at the searching stage, and in regard to some disciplines (social sciences included) at the stage of experimental studies. Hence, drawn on research experience, a conceptual framework of multidisciplinary and interdisciplinary research procedures is outlined. The author considers in turn: properties of the object explored (in social phenomena), their peculiarities and variations, and discusses the potential obstacles that may impede the work; the conditions and rules of cooperation among particular disciplines during teamwork research; and finally proposes some constructions of models for research proceeding (quasi-multidisciplinary, multidisciplinary and interdisciplinary) and defines their preferences in the exploration of social phenomena. The models presented are propositions to be further verified during the research conducted by the Poznań scientific milieu.
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    Stratyfikacja warstw wyższych w dawnej Polsce (ziemiaństwo i arystokracja)
    (Wydział Prawa i Administracji UAM, 1996) Kwilecki, Andrzej
    The term "the gentry", denoting owners of farms and large estates, had been introduced in the 19th cent, to replace the term "nobility". At the same time the notion of "aristocracy" came to describe this section of the landed gentry who possessed the biggest estates and hereditary titles - mostly princes and counts. The paper presents a survey of the issues - research-wise, sociological and historical - concerned with (a) definition of gentry and aristocracy, (b) delineation of their social structure and inner differentiation, (c) demarcation of the line dividing aristocracy from the rest of the society, and (d) explication of factors which ensured the aristocrats' highest position in the hierarchy of social prestige throughout the historical period up to the Second World War. The author discusses briefly literature in genealogy, sociology, history and memoirs writing, and indicates a remarkable phenomenon of the recent years (following 1989): an eruption of the reading public's interest in the issues in question and an avalanche of publications focused on the past and recent history of the Polish gentry and aristocracy.
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    Floriana Znanieckiego wynalazek społeczny (obrona przed groźbą bolszewizmu)
    (Wydział Prawa i Administracji UAM, 1996) Dulczewski, Zygmunt
    Florian Znaniecki - a classic of Polish and world sociology - was the author of a little known booklet "Organization of Men of Labour", published in Poznań in 1920 by the National Defense Committee. The Organization aimed at founding - by capitalists and workers - common enterprises based on the principle of social solidarity. It was to counteract the class struggle ideology as well as the Bolshevik propaganda threatening from the East. Znaniecki named the Organization a "social invention" founded to defend the Polish nation against the Communist revolution.
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    ''Budowanie mostów dla panów naukowców"
    (Wydział Prawa i Administracji UAM, 1996) Kowalik, Stanisław
    In his discussion of the jubilee achievement of the "Ruch Prawniczy, Ekonomiczny i Socjologiczny" quarterly, the author mainly focuses on three prominent Polish sociologists who had collaborated with the journal: F. Znaniecki, Cz. Znamierowski and T. Szczurkiewicz. He emphasizes the high degree of their methodological awareness and the impact they had on the factual calibre of "Ruch" and on the formation of Poznań scientific environment as a whole. With their belief in the necessity of scientific cooperation, in their work the three scholars marked out the paths for other scientific disciplines as well. Their sociological and interdisciplinary studies "built bridges" between particular fields of knowledge and proved inspirational for representatives of other branches of science. Finally, the author remarks on his own personal participation in editing the "Ruch", stressing the high prestige of the publication which is linked to the beginnings of Poznań University, and underlining the need for upholding its brilliant tradition.
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    Odpowiedź na "Uwagi o W. Patryasa koncepcji zaniechania"
    (Wydział Prawa i Administracji UAM, 1996) Patryas, Wojciech
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    Przegląd piśmiennictwa RPEiS 58(1), 1996
    (Wydział Prawa i Administracji UAM, 1996)