Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1988, nr 3
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Item Spis treści RPEiS 50(3), 1988(Wydział Prawa i Administracji UAM, 1988)Item Indywidualność i społeczeństwo(Wydział Prawa i Administracji UAM, 1988) Szczepański, JanThe author understands individuality in terms of features appearing only in one person. He regards individuality as , a mechanism interfering with phenomena and processes of the life and activity of an individual. As a social creature an individual acts and behaves adequately to the socially accepted patterns, requirements and norms, and such behaviours and actions are the basis for maintaining constancy and continuity of the society. As an individual, a person creates new ways of acting, creates new values and thus contributes to the development of the society and becomes an inventor and innovator. The issue of fundamental importance for the society is the elimination of evil present in that society. In their social manner of existence, people have always been trying to reduce the level of evil through socializing the individuals. The author believes that a better way to achieve that goal is to individualize the masses. In his/her individual manner of existence, a person has his/her own internal value which is responsible for his/her identity and creative abilities. Thus in the latter manner of existence an individual does not strive for wealth and fame, i.e. for all those goods which in his/her social manner of existence a person wants to attain though doing evil. However, individualization of masses is a very difficult task. There is little knowledge of individuality and the methods of moulding and developing individuality hardly even reached an initial stage of advancement. The sciences dealing with education are fascinated by the problem of socialization, i.e. by the way people are being prepared for living in a community and for co-existing with others. Yet it is high time to ask why the mankind adheres so obstinately to the methods of the elimination of evil which so often proved a complete failure over the past millenia. Why not to try methods not accompanied by new ideologies, organizations, by struggle, social movements, revolutions and extensive reforms, employing the potential inherent in the mechanisms of individuality of each of billions of human beings living in our world?Item Organizacja Narodów Zjednoczonych u progu XXI wieku(Wydział Prawa i Administracji UAM, 1988) Sandorski, JanThe article discusses critical opinions addressed at present to the UNO by the States and scholars. It was already during the San Francisco conference that the States raised objections to the adopted solutions. After 43 years of its existence, the UNO is still far from fulfilling the hopes which were fostered at the time of its foundation. The causes of shortcomings may be found in structural and managerial deficiencies. The complexity of the UNO structure influences the dissipation of efforts and makes the coordination more difficult. The waste of means on countless programmes, sub-programmes and projects has often been subject to criticism. The efforts to increase efficiency through establishing organs which were to improve the system failed (eg. Administrative Commitee on Co-ordination, Commitee on Programme and Co-ordination, Joint Inspection Unit). However, those organs helped to record and disclose shortcoming and their sources by way of Publishing critical reports. Managerial problems consist mostly in difficulties with poor professional qualifications of the UNO staff. The view that the professional level decreases constantly is shared by 69% of diplomats employed in the UNO-affiliated missions. Critical opinions are voiced also with respect to the unreality of projects, declarativity and mere talk present in the UN system. Particular organizations established on regional and political grounds, the number of which grows constantly and at present is close to 330, are far more efficient. The UNO documents indicate that the member-States most often call for the amendments of provisions on the Security Council, and in the first place on its composition and voting system. The author shares the view that multiplying agencies and organs, or abortive attempts to limit the role of superpowers in the Security Council will not bring adequate effects. Little efficiency of the UNO in maintaining the world peace may be eliminated not through a direct structure reform of the system but indirectly through activities aimed at improving the economic situation of the South. The UNO should work out a worldwide welfare programme which would influence indirectly the consolidation of the world peace through increasing the economic level of conflict-generating regions. Such a programme would have to adopt a system of preferences, for the existing free-market rules the disproportions between the North and the South.Item Aspekty jawności prawa(Wydział Prawa i Administracji UAM, 1988) Jabłońska-Bonca, Jolanta; Zieliński, MaciejThe problem of openness of law may be considered in many aspects, especially theoretical, formal, factual, ideological, axiological (including ethical), historal and comparative. The article is concerned with the problems of openness of law from a theoretical- legal point of view, with the attention focused on openness in creating the law, openness of legal norms (composed of openness with respect to information about the promulgation of a legal text and openness with respect to the contents of that information) and openness of enforcing the law. The article undertakes an attempt to show basic forms of openness of law, the degree of their universality, and the scopes and conditions of its implementation. The authors refer subsidiarily to some heuristic and justifying values of statements formulated in connection with other approaches to the analysed phenomenon. They refer most widely to a formal-legal aspect of openness, centering their attention on openness of Polish domestic statutory law.Item Dziedziczenie testamentowe rozwiedzionego małżonka(Wydział Prawa i Administracji UAM, 1988) Dyoniak, AndrzejThe Civil Code provisions on succession by will, unlike the regulation of the intestate succession, do not give a definite answer as to whether a divorced spouse inherits after his/her ex-spouse by virtue of a testament drawn before the divorce. In some foreign legal systems the legislators not only stipulated the norms allowing the decedent to amend or cancell his/her will, but adopted the regulation according to which the very fact of divorce or even marital breakdown excludes the ex- -spouse from inheriting by virtue of a testament drawn prior to divorce. Trying to find a legal basis to exclude a divorced spouse from testamentary succession, one should point out to the provisions on error. Although at a time of drawing a will no defects can be found, the evaluation as to the existence of error in a testament must be carried out with reference to events which occured after the will had been drawn. Thus since in a typical case a decedent must consider divorce unexpected at a time of his/her drawing the will, subsequent divorce renders the stipulations Of a testament to have been drawn in error. A testament drawn in error is void. A court will have to assess whether the invalidity pertains to the entire testament or only to the stipulations in favour of the ex-spouse.Item O zakazie orzekania rozwodu na żądanie małżonka wyłącznie winnego(Wydział Prawa i Administracji UAM, 1988) Szlęzak, AndrzejThe article analyses some questions raised by a so-called recrimination clause, i.e. the provision prohibiting to decree divorce on a petition submitted by a spouse who is considered solely guilty of the marital breakdown (Art. 56 § 3 of the Family and Guardianship Code). Special attention has been paid to the notion of "exclusive guilt" and to the meaning of the rule allowing to decree divorce despite the petitioner's sole guilt if the respondent's refusal of consent to divorce is deemed contrary to the principles of social co-existence. The author considers the recrimination clause the relic of the past and postulates to abolish it de lege ferenda.Item Charakter prawny pozwoleń na prowadzenie indywidualnej działalności gospodarczej(Wydział Prawa i Administracji UAM, 1988) Waligórski, MichałThe article is concerned with one of basic institutions of administrative law, i.e. the licenses for carrying out individual economic activity. The author presents regulative activités of State administration organs in the sphere of individual economy, pointing out to the need of reducing those activities and replacing them with economic mechanisms. In Poland the main form of regulative activities of State administration organs with respect to private sector is granting licenses for carrying out handicraft, trade and services. The author, discussing the premisses of granting and withdrawing licenses in the light of the legislation in force and the decisions of the Chief Administration Court, points to the need of making it easier to start and carry out individuai economic activity through eliminating the existing formal and administrative obstacles. The author systematizes the regulative means used by State administration organs in the domain of private economic activity and discusses their legal character of constitutive administrative acts licensing and legalizing the economic activity of a specific kind within the whole of the economic relations in the countryItem Systemy finansowania Wspólnot Europejskich i RWPG(Wydział Prawa i Administracji UAM, 1988) Komar, AndrzejThe article discusses the issues of an agreement between the two European integration organizations and the systems of financing those groups. In recent times, the negotiations aimed at concluding a treaty between, the European Community and the CMEA are conducted more and more often. Since an important place in relations between the two organizations will fall to financial matters, the article shows similarities and differences in that respect. The article discusses budget economy, taxation, bank organization and currency matters. To attain the integration, the European Communities employ in the first place financial instruments, whereas the main tool to further the integration of the CMEA countries is the coordination of their economic plans, the financial instruments being of secondary importance. However, in future it will be indispensable for the CMEA countries to use more and more often the financial instruments in order to achieve integration. The latter requirement is important also for a future agreement between the two organizations.Item Ogólne problemy prawa karnego gospodarczego(Wydział Prawa i Administracji UAM, 1988) Lampe, Ernst-JoachimDiscussing the subject-matter of his considerations, the author presents various definitions of economic criminal law and systematizes offences counted among economic crimes. He comments on a specific character of such crimes, determined by the economic model in force in a given country, and on sonne common features characterizing economic crimes. He also writes about the extent of damages caused by such crimes and about the sources of difficulties in assessing those damages. The author describes particular problems connected with the prosecution of economic crimes, and presents organizational changes in the structure of police, prosecuting and court organs of the Federal Republic of Germany aimed at increasing the efficiency of fighting economic crimes. The author also discusses penalties and other legal measures provided in the criminal law of the Federal Republic of Germany for economic crimes. He also assumes the attitude towards the views expressed by public opinion that penalties for economic crimes are too mild. He concludes his article with remarks on difficulties to draw the line between the economic activities which are risky yet still lawful and those which are already in contradiction with the law.Item Struktura gospodarcza a mechanizmy blokujące proces reformowania(Wydział Prawa i Administracji UAM, 1988) Balicki, Władysław; Piotr, WojciechThe authors undertake the problem of efficiency of reforming the economy in a situation of which Poland in the end of the 70 may be a typami example. In the first place the subject of the analysis is a so-called "typical reaction" of an enterprise in the centrally controlled economy. This analysas, carried out by means of microeconomic theories of balance of an enterprise, leads to the conclusion that the purpose of an enterprise functioning in a traditional socialist economy is to maximize the difference between the outlay received to carry out a given production task and the outlay which is actually necessary. The next argument of the article is that a long-lasting persistence of such a typical reaction leads in the whole economy not to a common imbalance of a demand type but to the asymetrie imbalance. The latter phenomenon manifests itself through the fact that the closer is to the beginning of a technological cycle, the higher the imbalance proves to be. In turn, asymetry brings to life a specific economic structure with the production potential growing higher the closer it is to the beginning of a technological cycle. Changing the topic of their considerations, the authors then introduce the differentiation between the three systems of managing the socialist economy, i.e. the discretionary, formal-individualized and market systems. In Poland, attempts are made to introduce the second system, consisting in a strict and regulated dependence between the level of production and the level of reward. Coming back to the former line of considerations, the authors introduce the notion of structural imbalance. It is the result of the asymetry of imbalance persisting for a long time and the subsequent emergence of the economic structure of a respective kind. If the structural imbalance extends over the good which in the formal-individualized system is to become a "reward", then the reform consisting in introducing such a system may only evoke inflation and is bound to fail. The authors state that in Poland there are no other goods but those encompassed by the structural imbalance. The article ends with the characterization of the course of retreat from the reform. According to the authors, such a retreat is inevitable if the reform is that of formal-individualized and not market type.Item Koncepcje wartości i ceny w teoriach ekonomicznych(Wydział Prawa i Administracji UAM, 1988) Romanow, ZbigniewThe concepts of value and price and the connection between those categories are important problems of economic considerations and disputes, both with respect to the essence of those concepts as well as to their role in the economy. The present article offers an attempt to investigate basic views of the representatives of various schools of political economy, with the attention paid to those aspects which might prove useful from the viewpoint of the rational shaping of the economic processes. Starting from the theoretical system of the classic English economy, the considerations are focused on theoretical problems of value and price in both explanatory and evaluative approaches. In particular, the author tries to prove a gradual disappearance from economic theories of the process of linking together prices and value in view of particular conditions of carrying out economic activity and in effect, in view of particular economic policy both in Western and Marxist economy. The considerations allow to say that the theory of value based on market price and the theory of value based on labour correspond with the stage of development when resources and goods were considered practically unlimited. However, we are more and more aware of the fact that it was only in the XlXth or partly XXth centuries stage of "abundance" and relatively little dangerous pollution of the natural environment that prices and their total level might be considered the reflection of value. The rejection of those assumptions and the recognition of not only relative but also absolute scarcity of the growing number of goods, the need of protecting them through prohibitive prices mark the end of the period of explaining prices exclusively in terms of the input of labour. One should therefore keep in mind that the growing degree of scarcity of resources will inevitably lead to the rise in their prices, i.e. to the economic impediment to their availability.Item Systemy wartości, założenia i procedury badawcze w ekonomii amerykańskiej(Wydział Prawa i Administracji UAM, 1988) Orczyk, JózefThe prablem of discrepancies between the value systems adopted by particular schools is of fundamental and often underestimated importance both for the subject-matter of research as well as for the research methods. The article attempts to indicate differences in the value systems appearing in the American economic writings and tries to show the consequences those discrepancies bring for the subject-matter of research and for the research methods. The analysis is based on the examples of the three main schools: neoclassic, neodnsititutional and neomarxist.Item Problem współliniowości zmiennych w ekonometrii(Wydział Prawa i Administracji UAM, 1988) Zeliaś, AleksanderThe article offers a critical discussion of the moist important Polish and foreign trends in research into the collineariti of variables. The diversity of approaches signifies that so far the theory of econometrics has not been able to work out a uniform way of acting in conditions of collineariti. It is equally impossible at a present stage to propose a single procedure of eliminating the collineariti as the best procedure. Thus the problem of collineariti remains unsolved. The author believes that collineariti is one of the causes of the emerging crisis in econometric research. He also indicates that the problem of collineariti is unsolvable on a formal plane. The only platform for considering collineariti is the substantial approach.Item Wynalazczość pracownicza w przemyśle polskim w latach 1960-1986(Wydział Prawa i Administracji UAM, 1988) Szulczyńska, UrszulaThe article is to provide answers to the questions whether in Poland the advantages of employees' inventiveness are adequately exploited, what was the course of development of that activity in the post-war period and what is its position in the light of international comparisons. Between 1960 and 1986 inventive and innovative activity in Polish industry and economy was shaped unevenly. Its absolute level decreased twice. Low innovative absorptive power of industry and economy is proved by a small share of utilized proposals in the overall number of submitted proposals. In industry subject to implementation are mostly technical improvements bringing relatively poor economie effects. Besides, of little importance are innovations originating from the dissemination. The share of profits from the employees' inventiveness in the GNP is very small. It proves the insignificant role of that activity in increasing general efficiency of economy. In comparison with heavily industrialized capitalist countries the number of inventions submitted for patent application is in Poland several times, or — in the case of Japan — several dozen times smaller than abroad. The crisis in our inventive activity can also be illustrated by a decreasing share of Polish inventions in the overall number of inventions submitted for patent application in the CMEA countries. With respect to the number of inventions per 100.000 professionally active people Poland occupies the last place among the CMEA European member- -States. The low level of inventive and innovative activity of our industry and economy proves the existence of vast potential developmental resources. However, it is necessary to create conditions for such a development, for it seems that at present Poland has no such conditions whatsoever.Item Koncepcje mikroregionu i rozwoju lokalnego we Francji(Wydział Prawa i Administracji UAM, 1988) Pietrzyk, IrenaFrance is a country where the problems of local development as a means of rational utilization of local factors and conditions of growth have been studied for more than 20 years. It has been so due to the activity of the French social movement called „mouvement des pays", which opposes to the traditional model of managing the socio-economic development. That movement propagates the conception of microregions Which would embrace the territories of so-called „pays" with their population committed to common social and economic interests and bound by common traditions and history. The crisis of the '70 heightened the interests of the State in the problems of local communities and resulted in undertaking actions towards creating microregions and promoting local development. However, it was not before the period of preparations of the decentralization reform of the '80 that a more intensive dialogue and some assimilation of standpoints of the social movement and the State administration took place. In her article, the author presents the evolution of views of the social movement and the State central administration on the conceptions of microregions and local development. Particular attention was paid to solutions adopted in the course of the decentralization reform and to the possibilities of adapting them to Polish conditions. Since nowadays, due to the implementation of the economic reform, similar issues are of current interest in Poland, it seems useful to observe intently French developments, especially that despite obvious political and social differences, France seems to be a good point of reference for comparisons.Item „Cień wielkiego miasta. Procesy urbanizacyjne w strefie Poznania(Wydział Prawa i Administracji UAM, 1988) Małuszyńska, EwaUrbanization processes which take place in functional, ecological, socio-professional and socio-cultural planes play an increasingly important role not only in towns but also in areas situated outside towns. Those processes are of specific character in areas located in close vicinity to big agglomerations, since professional and cultural urbanization is not always accompanied here by the urbanization of functions. Around a town appears a distinct zone of the influx of people, mostly townspeople. It is a zone characterized by a poorer development of services in comparison with areas more distant from a town. The shortage of services is compensated to some extent by better communication facilities connecting such a zone with the agglomeration. A zone of that kind is called a "shadow" of a town. The range of Poznań "shadow" has been determined and characterized by the following indicators: the growth of population, migration balance, directions of migration, number of trade, catering and serivce institutions, libraries and movie-theatres. The study was conducted in selected zones around Poznań. The range of Poznań "shadow" is delimited by the borders of communes adjacent to the town or by the two closest rings (up to 10 km.). The third ring (10 - 15 km. from the town) is a transition zone. The study of spatial differentiation of urbanization processes is important for planning the development of the agglomeration and the areas adjacent to the town.Item Własność — zawłaszczanie czy korzystanie?(Wydział Prawa i Administracji UAM, 1988) Tittenbrun, JacekOne of basic weaknesses of a great part of conceptions of property formulated in the writings is the inability to define specific economic contents of property. Among others, such is the case of defining property as "appropriation". Those definitions are burdened with "idem per idem" error or they reduce property to the productive labour process. An example of logical and theoretical difficulties resulting from defining property as "appropriation" is the conception of a Soviet economist, J. Kronrod. In another group of definitions appropriation appears as a synonym of "use", which in the author's opinion is the fullest expression of property in the economic sense. However, the use of a different term makes the said synonymity hard to notice. The conception of property defined as "use" may also include the analysis of relationships of junction between means of production and labour, treated by some authors as "definiens" of property. However, in such a case it is necessary to clear the category of junction between means of production and labour of formal- -legal and vague formulations, typical for most of current conceptions.Item Uspołecznianie gospodarki socjalistycznej(Wydział Prawa i Administracji UAM, 1988) Peretiatkowicz, AnatolA progress in socializing the economy is the condition of growth of the socialist system. Otherwise socialism will collapse or will be transformed into a system based on non-Marxist social assumptions. The process of socializing the economy is neither simple nor easy to carry out. It requires consistent political steps in various spheres of socio-economic life. The scientific theory of socializing the economy does not fully correspond with the present requirements of the praxis. The present interpretations of socializing hardly offer sufficient grounds for explaining that process, nor are they sufficient for directing it. It is indispensable to achieve quick progress in the theory, especially in conditions of the need to carry out basic reforms. The article is concerned with one of basic theoretical aspects of the analysed problem: the way of comprehending and formulating the category of socializing the economy. The author's goal has been to present the composite conception comprising legal, economic, social and political aspects of that process. In particular, the above objective has been reflected in the scheme illustrating main elements of socializing the economy, their sequence and mutual interrelationships. It is an attempt to systematize the connections between various social processes. The scheme may prove useful for analysing those processes. It may make it easier to avoid oversimplified approaches to questions of socializing the economy. Although the author does not attempt to formulate conclusions with respect to many controversies, he nonetheless points to methodological possibilities of analysing them theoretically and empirically in their mutual relationships.Item Socjologiczna problematyka patriotyzmu lokalnego(Wydział Prawa i Administracji UAM, 1988) Malikowski, MarianThe article investigates and develops little studied problems of local and regional patriotism and spatial ties. It is composed of two parts, of which each contains three groups of research problems. The first part is of reporting character: it presents the ways of comprehending local patriotism and related concepts, the analyses of theoretical approaches and the results of Polish empirical studies in that field. The second part is of constructional character. It shows social baokround and historical conditions of those phenomena in Poland and develops theoretical approaches. The author, referring mostly to the works by F. Znaniecki, S. Ossowski, A. Wallis and to some classical American sociologists, especially to the "community studies" research school, constructs some theoretical models of those phenomena. The above analyses point to the need of revising current concepts connoting the phenomena of local patriotism, spatial identification and spatial tie, to the need of formulating a more operational definition of local patriotism and to the need of investigating those problems in a wider theoretical perspective. In the final part of his article the author formulates such a more operational definition of local patriotism and puts forth, some proposals concerning the empirical studies of those phenomena.Item Nowe zakresy badań socjologii morskiej w Polsce(Wydział Prawa i Administracji UAM, 1988) Woźniak, RobertThe article is a part of the maritime territorial communities research project realized in the Institute of Sociology of the University of Szczecin. The purpose of the article is to present theoretical and methodological formulations of maritime sociology in Poland. It is composed of introduction and 4 parts. The first part presents the subject-matter of maritime sociology as a sociological sub-discipline dealing with the description and explanation of various aspects of life of people connected with the sea and the sea region. The second part discusses the connection between maritime sociology and other research disciplines. The third part describes the functions of maritime sociology. The fourth part is devoted to the new lines of maritime sociology research, to which the author includes the problems of: — the sociology of maritime policy; — the sociology of maritime culture; — the sociology of maritime communication, — the sociology of maritime territorial communities.