Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2009, nr 4
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Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2009) Frąckowiak, MarianPiotr Lis, Polityka mieszkaniowa państwa w zakresie finansowania inwestycji mieszkaniowych, C. H. Beck, Warszawa 2008, ss. 297.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2009) Przyjemski, Stanisław M.Zbigniew Jędrzejewski, Bezprawność jako element przestępności czynu. Studium na temat struktury przestępstwa, Oficyna a Wolters Kluwer Business, Warszawa 2009, ss. 342.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2009) Swora, MariuszBartłomiej Nowak, Wewnętrzny Rynek Energii w Unii Europejskiej, Warszawa 2009, ss. 302.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2009) Smolak, MarekA Synthesis of Polish Law, Tadeusz Guz, Jan Głuchowski, Maria R. Pałubska (eds.), Peter Lang Internationaler Verlag der Wissenschaften, Frankfurt am Main - Berlin - -Bern-Bruxelles-New York-Oxford-Wien 2009, Part 1 - ss. 742, Part. 2 - ss. 411.Item SPIS TREŚCI(Wydział Prawa i Administracji UAM, 2009)Item ORGANIZACYJNE CZYNNIKI WYPALENIA ZAWODOWEGO(Wydział Prawa i Administracji UAM, 2009) Chirkowska-Smolak, TeresaThe professional burnout syndrome is a reaction to a long-time stress at work. It is a pathologically defensive reaction, a wrongful adaptation to stress. Explaining this phenomenon, the author emphasised the role of individual’s resources and competences of dealing with stress and heavy workload. The organisation’s resources, although mentioned in the paper, are less frequently analysed in detail. And yet, only a precise determination of the areas of incompatibility between the employees and the work ascertains creation of an effective programme of organisational intervention. The empirical study presented in the paper identifies organisational factors of professional burnout that affect persons in different jobs, not only social ones. The study incorporated a proposal developed by M. Leiter and C. Masłach that there are six work areas where dissonance may lead to professional burnout (work overload, control, remuneration, social relations, justice and values), and confirmed their role in the development of a burnout syndrome.Item UWAGI O ZALEŻNOŚCIACH MIĘDZY SOCJOLOGIĄ PRAWA A PRAWEM KARNYM(Wydział Prawa i Administracji UAM, 2009) Nalewajko, PawełBased on a broad scope of research methods, the sociology of law answers the questions that arise in the science of law, and which regard the general statements of legal systems, their structure, effectiveness and the social function of norms, as well as the influence or the impact of law on the functioning of a community life. Looking at that issue from the criminal law point of view, the analysis of the data on criminality may be directed towards, inter alia, the assessment of the efficiency of law, or it may, being no longer a characteristic of the very phenomenon of criminality, constitute an indicator of the phenomena occurring in today’s world. Another subject o f a heated discussion among criminal code theorists and sociologists is the issue of sanctions. The criminal concepts of law and efficiency of punishment, or penal sanctions in general, have been strongly entangled in the sociological, psychological, philosophical and theological concepts. The concurrence and complementarity of the interests of the sociology of law and criminal law shows that the mutual openness of both sides as well as their readiness to co- operate may contribute to the enhancement of their own research programmes and consequently, positively influence the quality and efficiency of the law-making process.Item DIALOG SPOŁECZNY W POLSCE - INSTYTUCJONALIZACJA I PRAKTYKA(Wydział Prawa i Administracji UAM, 2009) Abramowicz, BartoszThe paper focuses on social and civic dialogue as an appropriate institutional form of solving social matters and working out compromising solutions between so called social partners. The author points out to the fact that social and civic dialogue in Poland - because of historical conditioning and undeveloped political culture - is not really working and is not an efficient ‘tool’ of democracy. Hence he postulates the necessity of continuous creation of legal, political and cultural grounds for improvement and better functioning of social and civic dialogue.Item ANALIZA STYLU INWESTOWANIA POLSKICH FUNDUSZY INWESTYCYJNYCH(Wydział Prawa i Administracji UAM, 2009) Białous, Krzysztof; Truszkowski, JacekThe paper presents theoretical aspects of an analysis of investment styles adopted by mutual funds, methods of their identification, and results of the research recently conducted on foreign markets and supported by an empirical analysis of investment funds active on the Polish market between July 2004 and June 2009. The main objective of the study was to determine whether funds continued to realise a policy they had originally declared. The findings were to indirectly establish whether the funds available to Polish investors have been properly classified. The recent financial crisis has also prompted the authors to attempt to answer the question whether the current crisis has had any impact on the decision making process in mutual funds and whether it has influenced their decisions of where and how to invest.Item ANALIZA MOŻLIWOŚCI ODDZIAŁYWANIA PAŃSTWA NA WZROST GOSPODARCZY W KONTEKŚCIE MAKSYMALIZACJI DOBROBYTU(Wydział Prawa i Administracji UAM, 2009) Pietraszewski, PiotrThe subject of this paper is an analysis of the possibility of a government to influence the economic growth through a fiscal policy, in the extended framework o f a neoclassical model of economic growth (with the accumulation of human capital). This model implies no relation between social rates of investments in real and human capital and a long-term growth rate. It limits the possibility of potential stimulating of the rate of growth by economic authorities only to the transitory period, during which the economy moves from one balanced growth path to another. However, since the positive influence of the accelerated accumulation of capital on the level of the long-term growth path of the per capita product does not have to entail the increase of social welfare (measured by the level of social per capita consumption), we raise a question about the optimal structure of budget expenses in the division into public investments in real and human capital and consumption, corresponding to a given structure of private sector expenses. Next we reject the assumption about the exogenously given structure of expenses of private agents which means, inter alia, the absence of reaction of these agents to changes in the fiscal policy of the government. The endogenous derivation of the division of private incomes for investments and consumption from explicitly described preferences of agents over (per capita) consumption streams may lead to the conclusion suggesting total neutrality of the fiscal policy with regards to its influence on economic growth. At the last stage of the analysis we demonstrate that this conclusion is becoming relativised, depending on the extent to which private agents take into account the level of public consumption in their optimising decisions.Item EKONOMIA SEKTORA NONPROFIT KRYTYKA I REINTERPRETACJA WYBRANYCH ASPEKTÓW TEORETYCZNYCH(Wydział Prawa i Administracji UAM, 2009) Buttler, DominikThe paper outlines the economic interpretation of the existence and function of the nonprofit sector. The most popular economic theories in this field - so called demand-side theories - explain the existence of voluntary organisations as a response to government and market failures to satisfy the demand for certain goods. These theories are widely criticised. The author, however, claims that reinterpretation of some aspects of this approach creates an important and relatively unexplored area for further research.Item ROZWÓJ SYSTEMÓW PROGNOZOWANIA INFLACJI W WYBRANYCH KRAJACH(Wydział Prawa i Administracji UAM, 2009) Przybylska-Kapuścińska, Wiesława; Szyszko, MagdalenaStates that use modern monetary policy strategies base their money policy strategy on inter alia, inflation forecasts. When it comes to the decision making regarding the fundamental instrument of monetary policy that needs to take into account the forecasting results, an inflation forecast system is needed. Broadly speaking, the forecasting system comprises not only the method of inflation forecasting, but other aspects as well, including the authorship of the forecast, its type, manner of formulating sentences, frequency of forecast making, or the extent to which this information is publicly disclosed. The paper presents the evolution of inflation forecast systems in five new European Union members - the Czech Republic, Poland, Rumania, the Slovak Republic and Hungary. Those states, all being new market economies, have struggled with similar difficulties and each has developed its own system of coping with inflation forecasts. They often drew on experience of central banks and their long tradition.Item WYŁĄCZENIE OSÓB NARODOWOŚCI NIEMIECKIEJ Z GRONA UPRAWNIONYCH OKREŚLONYCH W PROJEKCIE USTAWY O ŚWIADCZENIACH PIENIĘŻNYCH PRZYZNAWANYCH NIEKTÓRYM OSOBOM, KTÓRYCH DOTYCZYŁY PROCESY NACJONALIZACJI(Wydział Prawa i Administracji UAM, 2009) Sierakowski, BartoszIn this paper the author looks at the legal status of post-German property in Poland in the light of the bill on monetary benefit for certain persons affected by nationalisation processes, and analyses international law acts under which Poland acquired that property. Special attention has been given to the Treaty of Potsdam of 2 August 1945 and the Polish-Soviet agreement of 16 August 1945 which regulated the manner of reparations for war damages caused by Nazi occupation in Poland. The provisions of those two documents and resulting from them status quo were later confirmed by subsequent acts of international law. The territorial cession endorsed by the UK, the USA and the USSR in Potsdam, resulted in Poland receiving a portion of East Prussia, in consequence of which post-German property, free from encumbrances, has become property of the State Treasury. It is claimed in the paper that the Treaty of Potsdam should be recognised as pactum in favorem tertii. The Polish-Soviet agreement on German reparations should also be considered as a direct legal instrument of international application concerning the execution of constitutive provisions of the Treaty, in which the legal status of former German property was unambiguously defined.Item ŹRÓDŁA NIEZNISZCZALNOŚCI KOLEKTYWISTYCZNYCH UTOPII A ZAGROŻENIA DLA WOLNOŚCI (NIE TYLKO EKONOMICZNEJ)(Wydział Prawa i Administracji UAM, 2009) Winiecki, JanThis polemical essay attempts to explain the reason for the unceasing attractiveness of collectivist utopias and the actual and potential threats resulting from it. The author first looks at history and explains why he communist system has collapsed. He points out that firstly, the economic system of communism failed to achieve the goals it had promised to achieve and secondly, that the existing knowledge (not only economic) strongly suggests that the failure was inevitable. Next, a look is taken at collectivist utopias undertaken without coercion at the micro level, that is by religiously or ideologically motivated groups. The conclusion from this empirical inquiry is the same as above. They all failed over the past four centuries, proving that utopias without the power to coerce is as hopelessly inefficient as were the utopias in power. In the fourth part the author focuses on the main area of his considerations, namely the unceasing attractiveness of collective utopias that are - often unthinkingly - being suggested all the time. The conclusion is that for influential intellectual groups efficient, successful capitalism is something of an anathema. Therefore, following Adam Smith, the author suggests that enlightened self-interest is the main driving force of human economic action. This is in stark contrast with influential groups - writers and artists, collectivist ideologists, and clergy - who preach altruism and believe in molding the human beings to create the “new man” and achieve “social justice”.Item ZAKRES KOGNICJI POLSKIEGO SĄDU ADMINISTRACYJNEGO(Wydział Prawa i Administracji UAM, 2009) Piątek, WojciechThe paper deals with the issue of cognition of Polish administrative courts. The doctrine formulates a number of different opinions on that matter, from a postulate to maintain the existing model which limits the court’s supervision of the legality of a public administrative act in the cassation system, to the introduction of administrative courts judicial decision as to the merits of an administration case. In the light of the existing wording of Article 184 of Poland’s Constitution, the latter proposal is currently unacceptable since its adoption would vest into the administrative court the tasks of administration, leaving organs of public administration unable to realise their goals and objectives. As a result, their activities would be taken over by courts. There are a number of other reasons supporting the current judicial supervision, including the fact that organs of public administration are highly specialised in different matters. A replacement of the cassation system of supervision with a system of appeals would also entail a necessity to revise the whole system of instance supervision, which again, would be contradictory to the currently binding Constitution. What is more, the administrative court would loose one of its immanent features namely, the power to control administration distinguish it from the jurisdiction of courts of law. This could even lead to further postulates advocating resignation from a separate judicial decision in administrative matters. Last but not least, there are historical reasons why the current model should be retained. All the arguments presented in the paper support the view that the cognition of Polish administrative courts should remain unchanged.Item ERYSTYKA W PRAKTYCE PRAWNICZEJ(Wydział Prawa i Administracji UAM, 2009) Zeidler, KamilThe rhetoric, eristic and negotiating competences of lawyers develop through the whole period of their professional activity. Skills of rhetoric and eristic are of key importance not only in the courtroom but also in other profession-related situations, for instance in negotiations. Therefore, it is important to note that eristic is present in judicial as well as non-judicial legal practice. Every person who participates in a communication process on a daily basis applies many eristic methods, although in most cases stays unaware of that fact, does it intuitively. It is crucial, however, when acting professionally, not to act intuitively but in accordance with acquired and deeply-rooted knowledge. This should then help not only in a more effective application of eristic in one’s own actions, but, above all, in foiling eristic actions of the opponent in a dispute. The paper is an attempt to explain the contemporary status of eristic, particularly in its relation to rhetoric, as well as to point to the ethic controversy concerning its application which proves to be a very important issue especially in a courtroom situation. Finally, the paper provides examples that illustrate the actual extent of eristic application in legal practice. As far as the subject is concerned, Die eristische Dialektyk by Arthur Schopenhauer is frequently cited in the paper because its contemporary practical meaning cannot be ignored.Item FORMY DEMOKRACJI WEWNĄTRZSPÓŁDZIELCZEJ W SPÓŁDZIELNIACH MIESZKANIOWYCH I ZASADA RÓWNYCH PRAW CZŁONKOWSKICH(Wydział Prawa i Administracji UAM, 2009) Niedbała, ZdzisławA co-operative, which is a voluntary and self-governing corporation, is organised and functions on democratic principles. One of the fundamental features of that democratic system is the fact that the role of the highest organ of a co-operative is vested in the general assembly of its members. The general assembly functions either directly, with participation of its all members, or indirectly, through their democratically elected representatives. The indirect form of representation is justified and usually preferred when a convention of a general assembly of all members is technically or organisationally difficult or impossible. Members of a co-operative have equal rights and obligations arising from membership, which is also manifested in the ‘one member - one vote’ principle. The objective of the paper is a critical account of selected legal solutions introduced in 2007 to the regulations concerning housing cooperatives from the point of view of internal democracy and equal membership rights.Item ZINTEGROWANIE POLSKICH KONCEPCJI WYKŁADNI PRAWA(Wydział Prawa i Administracji UAM, 2009) Zieliński, Maciej; Bogucki, Olgierd; Choduń, Agnieszka; Czepita, Stanisław; Kanarek, Beata; Municzewski, AndrzejThe authors present an extremely important thesis. They claim that Polish conceptions of interpretation of law (and there are nine o f them) have led to the development of a certain ‘common good’ in Polish legal culture. This ‘common good’ consists, on the one hand, of those elements of the nine conceptions (or their methodological foundations) which are common, e.g. an assumption that the subject of interpretation is a legal text, or an assumption that a legal text has a normative character, and those other elements of those conceptions which have been sufficiently justified either in science or in the attitudes of legal interpreters, and subsequently reviewed in judicial decisions (e.g. three types of interpretation and the order in which they are applied).Item W DWUDZIESTĄ ROCZNICĘ WYBORÓW 4 CZERWCA(Wydział Prawa i Administracji UAM, 2009) Ziółkowski, MarekItem PROJEKT ZMIANY KONSTYTUCJI RP PRZYGOTOWANY PRZEZ RADĘ PROGRAMOWĄ KONWERSATORIUM „DOŚWIADCZENIE I PRZYSZŁOŚĆ"(Wydział Prawa i Administracji UAM, 2009) Zoll, AndrzejThe proposal of amendments to the Constitution of the Republic of Poland presented in the paper was initiated by former Presidents Chairmen) of Poland’s Constitutinal Court (Trybunał Konstytucyjny) and subsequently drafted by the Programme Council Seminar „Doświadczenie i Przyszłość”. The proposal is a wholly civic project. It aims to eliminate the tension between two organs holding executive power: president and government. It postulates an amendment to the Constitution that would define presidential office as the highest representative of the Republic and one with guaranteed continuity. At the same the drafters of the amendments propose that the executive power should be exclusively held by the government. Further, they propose to limit presidential veto and consider a possibility of the Seym obliging president to ratify or denounce international treaties. Another variant considers departure from presidential elections.