Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1987, nr 3

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Spis treści RPEiS 49(3), 1987
(Wydział Prawa i Administracji UAM, 1987)
Czesława Znamierowskiego koncepcje grupy społecznej i społeczności
(Wydział Prawa i Administracji UAM, 1987) Ziembiński, Zygmunt
Sociological conceptions of Cz. Znamierowski are relatively little known part of his rich and many-sided scientific output. The article calls the reader's attention to that theoretician's of law conceptions in the field of the theory of social collections, especially to the conceptions treating the spatially relatively isolated collectivities as the recruitment basis for the process of shaping the social groups (i.e. the process, due to which the collectivity becomes the community), as well as to the conceptions concerning the typology of natural and thetic groups, employing the notions of the theory of norms formulated by that author.
Socjologiczna koncepcja narodu Czesława Znamierowskiego
(Wydział Prawa i Administracji UAM, 1987) Ziółkowski, Janusz
The scientific output of Cz. Znamierowski shows how misleading are the institutional criteria of marking the boundries of scientific disciplines. Being the head of the Chair of the Theory of State and Law, he would find it easy to take up subjects belonging to the humanities sensu largo. Above all, however, he would reveal his predilection for sociology and for the issues of a nation in particular. Researching — by Polish sociology — the problems of a nation is an integral part of the Polish cultural heritage with its characteristic feature of thinking in terms of a nation. The problems of a nation can be found in many works by Cz. Znamierowski. They are most conspicuous in Elementary Knowledge of a State (1934) and The Rehabilitation of a Nation (1938). For Znamierowski, a nation is "a homogenous community which has already reached a certain and rather high degree of cultural development". A national community must meet two requirements. Firstly, there must be a community of speech. Secondly, there must exist a common national feeling. The common language, being a means of maintaining a spiritual contact, is, according to Znamierowski, an especially important bond in a nation. The national feeling may be divided into the following elements: a conviction as to the common descent; attachment for the common history; the feeling of community of interests and life tasks for the future; community of opinions on what is right and beautiful; mutual kindness, goodwill and solidarity among the members of a group. A nation is a natural community whose common features and similarity of attitudes are developed due to many centuries of spatial adjacency. The result of such a coexistence is intimacy of spiritual contact, the whole spiritual world of a nation. A nation is not identical with a state, i.e. a tetic, organized, intentional group. A state is but a security frame, within which the life of a nation develops from its own manifold sources. Czesław Znamierowski's sociological conception of a nation fits in the formulation prevailing in Polish sociology that a nation is a socially solidary community, united by a common national culture. The above approach differentiates Polish sociology from Western sociology; the latter professes political, rather than cultural, principle of national integration.
Czesława Znamierowskiego myśli o władzy
(Wydział Prawa i Administracji UAM, 1987) Redelbach, Andrzej
The presentation of Cz. Znamierowski's reflections on authority revealed that his works contributed greately to tidying up the foreground of the theory of authority. His comprehensive use of the term „authority" points out to the traces of sociological, behavioral and normative approach to that phenomenon in his writings. Authority has been analysed as a social relation appearing in the situation when some are able to impose their will on others, supporting themselves by force and compulsion, or persuasion and ascendency. Authority has also been analysed as a relation within which the ruler grants competence to the third person to undertake a conventional act through which the subject's duties are being concretized or actualized. Analysing the state authority, Znamierowski concentrated his considerations on the analysis of model properties and dependencies of rulers and subjects, formulating at the time some indications as to their attitudes and behaviours.
Czesława Znamierowskiego myśli o elicie i demokracji
(Wydział Prawa i Administracji UAM, 1987) Dembski, Krzysztof
The article presents Cz. Znamierowski's views on social elites and democracy contained first of all in his booklet Elita i demokracja. According to Cz. Znamierowski, the existence of elities in a society-associated by V. Pareto with the functioning of non-democratic system — is possible also in a democracy. In particular, in the process of shaping the composition of democratic representation organs, a decisive role is p ayed by various social elites representing different hierarchies of values. Therefore, the existence of a „good" democracy is conditioned by allowing the best elites to have inf uence on the activity of democratic institutions, and not by multiplying those institutions. The shape of Cz. Znamierowski's conception of the relation between elites and democracy has undoubtedly been influenced by the practice of the authoritarian government installed after the 1926 coup d'état in Poland.
Koncepcje Czesława Znamierowskiego a podstawowe problemy prawa karnego
(Wydział Prawa i Administracji UAM, 1987) Patryas, Wojciech
The article attempts to determine the views of Cz. Znamierowski in the matters closely connected with the penal law issues. Many conceptions and ideas of that author belong to the area of interests of the said branch of law. For example. he declared himself a proponent of finality, supporting the latter theory by philosophical arguments in a dispute with causality. He set forth the original conception of omnissions as acts, the conception which was concurrent in subject- -matter and time with the one proposed by Władysław Wolter. He was a proponent of one of the versions of conceivable intent (dolus eventualis), supporting it with the philosophical foundation. Some of Cz. Znamierowski's proposals, such as e.g. the conception of derivative quilt, go beyond the Code's solutions. Others are his original contribution to the considerations on the rationality of behaviour, the core of the penal law constructions. Finally, the common feature of his proposals is that they shed new light on the penal law issues. Hence, they are worthy to be remembered.
Czesława Znamierowskiego koncepcja „redukcji indywidualizującej"
(Wydział Prawa i Administracji UAM, 1987) Czepita, Stanisław
The article is a recollection (sec. 2) and a critical analysis (sec. 3) of the conception of „individualising reduction" formulated by the eminent Polish philosopher, sociologist and lawyer Czesław Znamierowski (1888 - 1967). According to the said conception, a necessary condition for the scientific character of a statement describing the properties (behaviour) of a given social group is that such a statement is to be tantamount to a set of sentences describing the properties (behaviour) of individuals constituting that group and its structure. Such „reduction" of a statement concerning the group to the statements concerning individuals constituting the group and its structure is particularly difficult in cases of statements describing conventional acts of a group. Besides, the article stresses the importance of Cz. Znamierowski's conception as an attempt to synthesize selected elements of positivistic and antipositivistic paradigm of sociological reflection.
Kradzież i przywłaszczenie zabytku
(Wydział Prawa i Administracji UAM, 1987) Daszkiewicz, Wiesław
The growing threat to monuments and other objects of culture call for undertaking multidirectional actions and diversified measures. One of them is penal law protection of objects of culture. It is carried out by two groups of norms. To the first one belong the norms — contained in the Act of February 15, 1962 on Protection of Objects of Culture and Museums — protecting only the monuments. The second group consists of the norms of the Penal Code of 1969 and the Petty Offences Code of 1971, both of them dealing also — though not exclusively — with the protection of monuments. The norms belonging to the first group provide for less severe sanctions than the sanctions for other, similar or even lesser offences. Therefore, of crucial importance to the protection of monuments are the codes' provisions, especially those sanctioning the theft or appropriation of private property, which is called in the Penal Code „the property of another person, and the fraudulent seizure of public property. Polish law differentiates the penal protection of property depending on its value and its owner. As a rule, greater protection is granted to public property, i.e. to national property, cooperative property or the property of other organizations of the working people. Equally intensifield protection is granted to non-public property, i.e. to personal or individual property, if it has been entrusted to a state or public institution for storage, transportation, sale or for other similar purpose. As far as the protection of monuments is concerned, such a regulation is incorect. The degree of protection of the relics of the past, many of which are numbered among the national objects of culture, should not depend on who is the owner of a monument. Similarly, neither the sole pecuniary value of monument, nor the fact that a relic has been entrusted to a national or public institution, e.g. to a museum, should be decisive for the severity of penal sanction. Private collections or single monuments deserve the same protection. If the legislation is to differentiate the severity of penal sanction for such offences as the theft of a relic, its appropriation, destruction or damage to a relic, the severity of sanction should rather depend on the monument's importance for the cultural heritage and development due to its histororical, scientific or artistic properties. The monuments of importance from the above point of view and the monuments of considerable pecuniary value should be subject to an increased protection; besides, the type of an offence should in such cases be a qualified one. The present legislation concerning the penal law protection of monuments, especially as far as the offences against property are concerned, evokes reservations also because of numerous doubts arising in the course of practical application of the provisions in force. The difficulties appear e.g. with respect to archaeological monuments: according to Polish law archaeological discoveries and excavations become State property, yet the very notion of archeology and its time range are not uniformly defined. Besides, since the legal situation as to property rights to monuments at municipal, war or religious cemeteries is complicated, it is also difficult to determine the legal qualification of offences against those relics. However, the greatest difficulties emerge with respect to the recent spread of thefts of sacral monuments belonging to Roman-Catholic Church and to other religious unions. The final part of the article contains the proposals „de lege ferenda" aiming at regulating penal legislation in the discussed sphere and making it a more efficient tool, adequate to the requirements of the present time.
Kontrowersje wokół zbiegu przepisów art. 86 § 2 i 87 k.w.
(Wydział Prawa i Administracji UAM, 1987) Szwarc, Andrzej
Controversies around the concurrence of Art. 86 § 2 and 87 of Petty Offences' Code (POC) appeared after the modifications of those provisions have been introduced by the law of May 10, 1985 The doubts were concerned with legal qualification and the measure of penalty in cases when an offender drives a vehicle after he has consumed alcohol or some other substances causing similar effects and, acting carelessly, ne brings about a threat to traffic The author shares an opinion that in such a case there is a so-called real consurence of offences described in Art 86 § 2 and 87 § 1 or 2 of POC and that in the above conditions the directives formulated in Art 9 § 1 of POC should be applied Contrary to different views, the author is of the opinion that according to those directives, in the event of the concurrence of Art 86 § 2 and 87 § 1 of POC the main penalty should be meted out on the basis of Art. 86 § 2 whereas the additional penalty — i.e. the interdiction to drive vehicles — on the basis of Art. 87 § 3 of POC.
Polskie prawo nieletnich w świetle Reguł Minimalnych Narodów Zjednoczonych dotyczących Wymiaru Sprawiedliwości Nieletnich
(Wydział Prawa i Administracji UAM, 1987) Grześkowiak, Alicja
The VIIth UN Congress on the Prevention fo Delinquency and Procedure with respect to Offenders, held in Milano in September 1985, adopted Minimum Rules of the Administration of Justice towards juveniles (so-called Beijing Rules), subsequently approved by the UN General Assembly on its 40th session in November 1985. Since then they possess the character of guidelines binding on all member- -states. The said rules determine the universal standard model for proceedings in cases of delinquent or socially unadjusted juveniles. The UN General Assembly invited the member states to harmonize their domestic legislation on the administration of justice with respect to juveniles with the Beijing Rules. In the first part of her article, the author presents main solutions adopted in the UN minimum rules, stressing those which possess the character of warranty, i.e. determine the rights of the juveniles and their parents in legal proceedings. The second part of the article confronts the principles established by the Beijing Rules with the Polish law on the juvenile delinquents' cases contained in the Law of October 26, 1982 on proceedings in the juvenile delinquents' cases and in executory acts enacted by virtue on the Law of 1982 as well as in the provisions of the Criminal Code, especially in Art. 8 § 2. The author states that only some of the Polish solutions correspond satisfactorily with the Beijing Rules; in a greater part they do not meet the standard set by the minimum rules. The greatest differences result from the absence in the Polish legislation of the norms regulating the rights of the juveniles and their parents in the legal proceedings. Te above leads to the conclusion that it is necessary to amend the provisions of the Law of 1982 which do not correspond with the Beijing Rules.
Monopol producentów jako źródło nieformalnych procesów zarządzania
(Wydział Prawa i Administracji UAM, 1987) Trojanek, Jacek
In the present article, the author points out to the fact that the producers who are monopolists on a socialist market try to take advantage of their market power by carring out monopolistic policies aimed at becoming independent of the environment and subordinating it to their particular interests. Subordinating the environment, the monopolist determines his own authoritarian rules of cooperation with other units, contrary to the law in force, moral norms and the rules of economic play determined by the economic center. In effect, the latter is often vested with formal authority only, whereas the monopolists perform the role of informal, though influencial, managing units. Besides, the producers-monopolists strive also to become independent of the administrative and economic center or even try to impose their will on administrative and economic authorities in order to secure for themselves profits, preferences and protectionism. According to the author, compelling the superior agencies to take decisions favourable to monopolists is tantamount to their performing — to some extent — the managing functions also with respect to the administrative and economic center. The usurpation by the producers monopolizing the market of the right to administer other units is the cause of divided authority and undesired conflicts of roles in the economy.
Umowy kooperacyjne w działalności zagranicznych podmiotów gospodarczych
(Wydział Prawa i Administracji UAM, 1987) Koch, Andrzej
Cooperation is a common element of contemporary economic processes. It appears on a national as well as on an international scale. The Law of July 6, 1982 on the economic activity in Poland of foreign investors in the area of small industry, allows of the cooperation also between those investors and Polish units. Therefore, there arises the question of the form such a cooperation may take. The Polish law does not contain the definition of a cooperation contract. Hence, the term „cooperation contract", introduced by Art. 24 of the Law of July 6, 1982, should be interpreted in the way set forth by the doctrine of the law on public economic activities and the judical decisions. In particular, the said provision does not contain any subjective and objective restrictions on cooperation. A foreign investor may enter into cooperation with any Polish economic units: socialized or non-socialized. Neither are there any restrictions as to the type (form) of a permitted cooperation. Finally, such restrictions may not be imposed by the legal acts of the Minister of Internal Trade and Services and the acts of the Minister of Foreign Trade for those organs have no legislative competence in this respect.
Umowa cywilnoprawna i porozumienie administracyjne jako formy działania organów administracji w sferze zarządzania gospodarką państwową
(Wydział Prawa i Administracji UAM, 1987) Kmieciak, Zbigniew
The realization of the management tasks by the administrative agencies in conditions of a decentralized model of the economy requires the tools adjusted to the wide range of self-dependence of enterprises. The instruments which undoubtedly meet the above requirements are a civil law contract and an administrative agreement. The author has carried out the analysis of the said acts defining their characteristic features and pointing out to the differences between the two insruments. According to the author, common features of both acts are relatively equal status of participants (parties) and their unanimous expression of the will to conclude an act on cooperation. In the author's opinion, the law in force seems to point out to the tendency of a further development of a civil law contract and an administrative agreement as forms of the administrative agencies' activity in the management of the state economy. He indicates that the appearance of new types of bilateral acts and the transformation of the traditional ones is a natural course for the evolution of legal forms of the administrative activity. He stresses the need to work out a consistent conception, expressed in legal norms, of applying those acts by the administrative agencies. He presented some elements of such a conception and formulated some postulates as to the future law. Finally, he is against an excessively detailed legal regulation of the said instruments.
Ustawowy ustrój majątkowy małżeński w Republice Federalnej Niemiec
(Wydział Prawa i Administracji UAM, 1987) Bosch, Friedrich Wilhelm
The legislator chose the statutory system of community of acquests. It is characterized by the separation of volumes of estates during the marriage; in consequence, also the management of the estates and the responsibility for debts are separated. However, despite the adoption of the principle of separation of estates, the law imposes some restrictions concerning legal transactions involving obligation and dispositive legal transactions with respect to the household goods and to an estate as a whole. Such transactions require the consent of the other spouse. The termination of a statutory system due to reasons other than the death of a spouse initiates the mechanism of compensating the increase of the values of the spouses' estates accrued over the period of the statutory system. It takes the form of a financial claim of one spouse against the other, i.e. the one whose acquests grew higher than the acquests of the claimant. In the case of the termination of marriage through the death of a spouse, the institution of a compensation of increase of the values of the spouses' estates is replaced with the increase of the surviving spouse's share in the inheritance. In principle, the above legislative regulations may be considered statisfactory in the case of a long-lasting marriage. It does not follow, however, that all the solutions deserve approval; in particular, some criticism may be voiced towards the solution providing for an unduly priviledged position of a spouse inheriting in conjunction with the decedent's children who are not common children of the couple. The shortcomings of the above provision become more apparent especially in the case of a marriage of a short duration, where the existing regulation may lead to unjust solutions.
Strategia alokacyjna i strategia systemowa w rozwoju gospodarczym PRL
(Wydział Prawa i Administracji UAM, 1987) Wilczyński, Wacław
In the '80, Polish economy has reached structural and system deadlock. The above makes it impossible to utilize and to shape in the best possible manner the production potential. The main cause of that impasse has been a long-lasting adherence to the uniformism of the system and the rejection of attempts to introduce changes in that field over the last 30 years. An underestimated aspect of a centralized system is its influence on the consolidation of antiquated material structures and on the absence of demand for innovations. The article contains an attempt to estimate the system and allocation policies in the last 40 years; it points out to hampering influences of the system in the '60 and to the discrepancy between the developmental ambitions and an obsolete system in the '70. The factors determining the allocation and system strategy of the nearest years are developmental challenges of the end of the XXc and the present condition of the economy. Its present state requires an unreserved priority for a deep system reform, able to change hitherto existing economic relations and to overcome intertness. Only with the help of means obtained through the system changes will it be possible to carry out the programme of restructuring the economy. The economic policy of today must combine tough system decisions with the conscious shaping of the modern production potential.
Miejsce koncepcji Aleksego Wakara w teorii racjonalnego gospodarowania
(Wydział Prawa i Administracji UAM, 1987) Łukawer, Edward
The Wakar School was one of the three great scientific schools in the field of economic theory of socialism formed in Poland on the turn of the '50 and '60. The main area of its interests was the mechanism of functioning of the economy, especially the management system. The representatives of the Waker School distinguished between the spheres of plan construction and implementation; they held that only the latter sphere may be subject to decentralization. Thus they reduced the differences between centralization and decentralization only to the character of tools applied by the center; hence, they maintained that three possible types of systems could exist: directival, parametric and mixed. As to the prices, they distinguished between programming prices — applied only in the course of the construction of a plan and serving to aggregate its elements, operative prices — serving to relay the center's objectives to the enterprises, and retail prices — referring to the means of consumption. Finally, as to the types of economic balances they mentioned the direct and indirect market balances, connecting each of them not only with the character of tools appropriate for a given type, but also with the question of who was to use a particular balance. Although in principle the Wakar School no longer exists, its pupils keep researching the economy employing the methodological approach of their master. To the research problems belong: system of stimulation and feeding, the basis and character of prices, stimulating function of consumption, subjective and instrumental structures of the economy, conditions of the mechanism of its functioning, ways of implementing system changes and the relation between the functioning of the economy its development. However, unlike in the past, the above problems are no longer the subject of a collective research work.
Problemy wyodrębnienia działalności gospodarczej władz terenowych
(Wydział Prawa i Administracji UAM, 1987) Denek, Emilia; Wierzbicki, Janusz
The authors point out to the spread of local economy in Poland after the abolition in 1950 of territorial self-goverment whose functions were taken over by local organs of state administration, as wellas to the changing range of that economy after 1950 when it became one of the branches of centrally administered state economy. In other words, the property approach to the autonomy of local economy was replaced by the organizational one connected with the participation of local economy in a given branch of national economy. At the same time local economy was subordinated both to local and central authorities; the delimitation of the competences of local authorities and branch ministeries in managing local economy often led to considerable difficulties in practice. The authors concentrate their attention on the range of branch affiliation of enterprises belonging to local economy and on the methods of management applied by local authorities in conditions of the economic reform carried out since 1981. Because the above reform introduced some elements of self-goverment in the functioning of local authorities, the self-dependence of those authorities in managing local economy has also been taken into account. The article includes also the remarks on the submission of small industry subordinated to local authorities to market regulation. The authors indicate that in practice it proved to be easier to increase the self-dependence of such enterprises than to increase the efficiency of economic influence exerted on them by local authorities. To some extent, the above is the result of the failure to curtail the role of the branch ministeries in administering the activity of local authorities and enterprises. It restrains her the postulated process of restoring the autonomy of local economy within the national economy.
Uwarunkowania wyposażenia i zapotrzebowania gospodarstw chłopskich na dobra trwałe konsumpcyjne oraz ich znaczenie w motywacji produkcji
(Wydział Prawa i Administracji UAM, 1987) Dietl, Jerzy; Gregor, Bogdan
It is a fragment of wider studies concerning adaptation processes of private farms in conditions of the centrally planned economy in economics of shortage. The studies were conducted by means of a questionnaire interview among 965 farms in three regions of Poland characterized with different levels of agricultural production development. The sample was drawn from each one of the eight farm-size brackets separately in particular microregions. There were taken into account interrelationships between the equipment and demand for 12 durable consumer goods approached in terms of the number of possessed durable goods and separately in terms of value expressed synthetically, on the one hand, and 24 variables, on the other hand. The questionnaires were also to provide information about the place of dwelling (region and village), demographic structure of the family, characteristics of a farm, its connections with the market, and propensity of the farmer to expand production. 21 of the variables revealed a very highly significant statistical correlation with the analyzed phenomena and one variable a highly significant correlation. Apart from the significance level there were applied statistical tests in the form of corrected C. Pearson's coefficient and variance ratio test F. The studies indicate, among others, that equipment of farms with consumer durables and possibilities of satisfying demand for these goods constitute a significant motivation for production. The size and equipment of a farm with production factors, its self-dependence and propensity to expand production are interrelated with its equipment with consumer durables and with its demand. Differences among farms with regard to their equipment with these goods tend to grow.
Ekonomiczne uwarunkowania polityki cenowo-dochodowej w rolnictwie
(Wydział Prawa i Administracji UAM, 1987) Wicher, Marek
The article considers the problem, very important in existing conditions, of a choice of a formula of agricultural policy towards private farming. In the theory as well as in practice two standpoints collide. The proponents of the first declare for a so-called pro-income conception of policy towards farmers. Its essence lies in creating favourable income conditions for farmes by means of an appropriate agricultural pricing policy. An opposite tendency is represented by those economists who declare for financial restrictions towards farmers according to the principle of a so-called hard-to-get money-policy. They argue against the pro-income agricultural policy raising the arguments that such a policy is socially expensive, that it is a source of inflation in the whole economy, it weakens the pro-efficiency motivation, it leads to retaining food products subsidies and hinders desirable changes in the area structure of farms. Without denying the unquestionable merits of the hard-to-get money policy, one must emphasize that such a policy may not be implemented selectively, i.e. only in some sectors of production. It should be carried out consistently in the whole economy. Selective implementation of the hard-to-get money policy in agriculture may result in the farmers' undertaking protective measures, with the possible effect of decreased material outlays on production and, in consequence, a decreased level of production. The practice shows that fovourable tendencies in agricultural production are generated only by stabile and consistent agricultural policy combining skillfully material profits for farmers with the aims of the whole economy
Współzależności między dochodami a konsumpcją i akumulacją w gospodarstwach indywidualnych
(Wydział Prawa i Administracji UAM, 1987) Łuczka-Bakuła, Władysława
The article considers the problem of reciprocal relations between income on the one hand and consumption and accumulation on the other in private farms keeping business accounts. The analysis reveals that the level of income exerts influence on consumption and accumulation. The level of the latter two competitive values is influenced by the level of income. I particular, the cosumption fund is slower to react to changes of income than the accumulation fund. Generally, the proportions of the distribution of income depend on the hitherto existing level of consumption, the prospects of its increase and the profitability of agricultural production. The level of consumption and accumulation in particular groups of farms is shaped by the forms of intensification. In small farms employing labour- -consuming methods of production the inclination for accumulation is weaker than in larger farms applying capita-consuming methods. Besides, the smallest farms are less immune to crises; in consequence, the crises contribute to a further weakening of their productive activity. In such a situation the differences between the levels of accumulation in the smallest farms and in other groups of farms increase, whereas the respective differences referring to consumption decrease.

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