Polish Lawyers Research Articles

Civil Law in Forced Unions. The Austrian Civil Code and its Significance for the Development of Civil Law in Central Europe

The current Austrian Civil Code goes back to 1811, after more than 200 years it still is in force in Austria –though with many amendments. Its origin and development is connected to the political history of the Austrian Empire, later the Dual Monarchy and its successor states in the 20th century. The paper analyses the significance of the Austrian Civil Code on the development of civil law in Central Europe on the verge of the collapse of the old empires and the emergence of the new political systems. Especially the question of the influence of the Austrian Civil Code on Polish law and inversely the influence of Polish lawyers on the development of the Austrian Civil Code is addressed. Due to the character of the inclusion of the Polish parts into the Austrian Empire in the 18th century the paper raises the question of the role of civil law in forced unions.

Początki kryminologii w Polsce. Od ery prepozytywistycznej do pełnego pozytywizmu

The publication of Cesare Lombroso’s The Criminal Man in 1876 is generally considered the birth of criminology. The new science did not emerge all of a sudden but resulted from a longer process. Various attempts, feasible for the scientific method at successive stages of its development, were made to explain the reasons for criminality before the arrival of the era of positivism and contemporary science, and the construction of Lombroso’s theory of the born criminal. Franz Joseph Gall proposed the theory of phrenology, claiming that the shape of the brain is decisive for criminal tendencies. Philippe Pinel perceived the cause of crime in “mania without delirium”, and James C. Prichard in “moral insanity”. The developing social sciences and the positivist physicalism governing them made it possible to handle the statistical aspects of the phenomenon (A.M. Guerry, A. Quetelet). Such novel scientific information reached Poland mostly through physicians, yet was hardly interesting for lawyers brought up on the foundations of the classical school. In criminal law, they a priori rejected determinism together with the achievements of contemporary science. The first of the Polish lawyers to support the concept of determinism in human and social behaviours was professor of criminal law Józef MichałRosenblatt. He also realised that the new discipline of criminology, distinct from criminal law, was being born. In 1888 Ludwik Krzywicki, a social philosopher, teacher, and sociologist could have been the first to use the term “kryminologia”in Poland. He also challenged Lombroso’s theory, criticising it from Marxist and sociological positions. However, one of the most fascinating Polish criminologists of the late 19th century was professor of forensic medicine Leon Wachholz.

Development of mediation institute in Poland: genesis and activity experience of the centers

Development of mediation institute in Poland: genesis and activity experience of the centers

Środowisko prawników wobec sytuacji Trybunału Konstytucyjnego. Badania socjologiczno-prawne

The recent legal changes pertaining to the institution of the Constitutional Tribunal arouse many controversies. This paper presents a sociological and legal study conducted to collect and examine the opinions regarding the above held by Polish lawyers who because of their profession and experience are in a position to confront directly the legal practice with the changing legal system that is directly responsible for the level of protection of individual rights and the exercise of individual fundamental rights. From the point of view of rationality and functionality of the operations of the Constitutional Tribunal an opinion formulated by jurists who due to their background have greater legal awareness seemed invaluable. After all it will be their opinion which will decide about the future of the judiciary in Poland. The results of the current transformations being implemented in constitutional judiciary as well as at the level of common courts have consequences for all the citizens. The aim of the questions asked in the survey was to fi nd how lawyers in Poland saw the situation with the Constitutional Tribunal today as well as what the though it its regime and functioning could be like in the future. Questions also concerned the current and actual legal status of the Tribunal and the lawyers’ reactions to the changes being implemented or about to me made, and if possible the possible ways of ending the current Constitutional Tribunal crisis.

Essay on Politica (Politics and Policy) Once Again

Abstract Though the term “policy” has already been discussed extensively before, it appears to be in need of a critical review in meaning and context. In this essay, the criticism stems from the term “policy of the law”, which was introduced into the political science literature over 120 years ago by Leon Petrażycki, the outstanding creator of psychological theory of the law and the only world-known Polish lawyer. The term itself is false and incorrect as it’s equal to the term “policy of the policy”. Law is a political phenomenon cocreating policy. In addition, the concept of policy of the law is characterised by idealism bordering on naivety. Because of the place of L. Petrażycki in Polish tradition of the theory of law, references to his concept of policy of the law are made constantly in an attempt to apply this concept in scientific and practical considerations. It is time to leave it to the domain of history of legal theory. Another criticism was brought about by the title of the third chapter of Polish Energy Law Act — “Energy Policy”. This entire act and a number of other legal acts regulating the acquisition of energy sources and energy management comprise energy policy. The energy policy also includes various types of programs, actions and decisions of the participants of energy policy. The criticism of the incompetent use of the term “energy policy” is an opportunity to stress the role of policy in the process of meeting human needs. Thirdly, the term “policy” is determined by discussing an element of its structure: political thought. The essay presents the role of political thought in relation to economy, culture, independence, systems and other domains of human activity. The understanding of political thought as a reflection on policy or views on policy is questioned here. Political thought is not a reflection about the policy. Instead, political thought is a political decision which cocreates policy. It is a postulative decision resulting from scientific or common reflection on policy.

Wznowienie i organizacja sądownictwa polskiego w Zamościu w latach 1918–1919

<p>W czasie I wojny światowej, w lipcu 1915 r. po ewakuacji władz rosyjskich, w Zamościu i jego okolicach z inicjatywy miejscowych prawników powstało sądownictwo obywatelskie. Funkcjonowało krótko, zostało rozwiązane przez austriackie władze okupacyjne. Utrzymano jednak sądy najniższej instancji, wiążąc je instancyjnie z organami administracji okupacyjnej i sądami wojskowymi. W Zamościu funkcjonował sąd pokoju i wojskowy sąd obwodowy (powiatowy). Po wydaniu przez władców Niemiec i Austro-Węgier aktu 5 listopada z 1916 r. zgodnie z zawartą w nim zapowiedzią przystąpiono do prac mających na celu przekazanie w polskie ręce wymiaru sprawiedliwości na okupowanych terenach Królestwa Polskiego. W dniu 1 września 1917 r. otwarto sądy królewsko-polskie, a wśród nich sąd pokoju w Zamościu. W wyniku inicjatywy władz miejskich Zamościa i lokalnych organizacji społecznych Rada Regencyjna Królestwa Polskiego podjęła decyzję o utworzeniu królewsko-polskiego Sądu Okręgowego w Zamościu. Został on uroczyście otwarty w dniu 1 czerwca 1918 r., a jego prezesem mianowano dotychczasowego zamojskiego sędziego pokoju Romualda Jaśkiewicza. W skład sądu weszło czterech sędziów okręgowych, czterech sędziów śledczych, a także prokurator okręgowy i trzech podprokuratorów. Stanowiska te objęli adwokaci, prawnicy pochodzący z Galicji oraz polscy prawnicy powracający z ogarniętej wojną domową Rosji. Niższe stanowiska (np. sędziów śledczych) obsadzane były również przez pierwszych aplikantów sądowych. W latach 1918–1919 można zaobserwować spory ruch kadrowy na tych stanowiskach. Okręg zamojski obejmował cztery powiaty: zamojski, biłgorajski, hrubieszowski i tomaszowski, z działającymi na ich obszarze 19 sądami pokoju. Wśród nich były dwa sądy pokoju w Zamościu, obejmujące tzw. okręg miejski i okręg wiejski. Na ich czele stali Zygmunt Kostkiewicz i Adam Sajkiewicz. W listopadzie 1918 r. sądy zamojskie zaczęły wydawać wyroki „w imieniu Republiki Polskiej”, a niedługo potem ich siedzibą stał się wyremontowany dla tych celów pałac Zamoyskich.</p>

Z Sankt Petersburga dla czytelnika zachodnioeuropejskiego – Aleksander This o prawie Rzeczypospolitej szlacheckiej

<p>Aleksander This (1803–1864), wybitny polski prawnik czasów Królestwa Polskiego, po wybuchu powstania listopadowego znalazł się w Petersburgu. Tam zajmował się pracą naukową i w 1838 r. opublikował we francuskim czasopiśmie prawniczym „Revue etrangére et française de legislation” artykuł pt. <em>Notice sur la coordination des lois provinciales de l’Empire de Russie</em>. W tekście tym<em> </em>omówił problem kodyfikacji praw prowincjonalnych na zabranych przez Rosję ziemiach polskich podczas zaborów w końcu XVIII w. This zamieścił w nim opis i ocenę ustawodawstwa prawa polskiego w Rzeczypospolitej szlacheckiej. Omówił też systemy praw obowiązujących i ich klasyfikacje oraz próby kodyfikowania prawa od XIV do XVIII w. Ponadto szczegółowo przedstawił prawo powszechne, prawa szczególne oraz pomocnicze, jakie funkcjonowały w dawnej Polsce. Krytycznie ocenił brak skodyfikowania prawa, a zwłaszcza niedojście do skutku kodyfikacji z 1532 r. tzw. <em>Korektury Praw</em> i tzw. <em>Zbioru Praw Sądowych</em> Andrzeja Zamoyskiego z lat 1776–1780. Walorem jego publikacji było przedstawienie czytelnikom zachodnioeuropejskim problematyki dawnego prawa polskiego.</p>

„POLSKI PAPINIAN” ‘REDIVIVUS’. CZY WARTO DZISIAJ TŁUMACZYĆ I WYDAWAĆ STANISŁAWA WRÓBLEWSKIEGO ZA GRANICą?

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Lithuania and Russia in 1918—1924 in the Eyes of a By-Stander: the Reflections of Mykolas Römeris

In this article, the author seeks to explain how the events of the revolution of 1917 in Russian changed the views of some Lithuanian public figures and politicians on the possibility of restoration and development of the Lithuanian statehood. As the main historical source for studding this problem the author uses the Diary of the well-known Lithuanian and Polish lawyer, politician, one of the theorist of the Polish and Lithuanian statehood before the WW1 Michal Römer (1880—1945). The scientific value of this source is that its content reflects of the social position and ideas of national states of Römer as a person who found himself at the crossroads of historical tradition and modernism and tried to comprehend the "great world events" taking place around him. The analisys of the Diary’ content allows us to conclude that Römer’s attitude to the events of the Russian revolution were changing during the years 1917—1919 from very positive till negative. According to the records of 1917, Römer he sympathized with the revolutionary events and first of all with the events of October, 1917 and the first decrees of bolshevik government. His sympathies could be understood as he had shared the ideas of social justice and democracy already in his youth. The most positivly he accepted the Declaration of the rights of peoples Russia and the Decree on Land. Still as the revolution developed, Römer became increasingly aware of the threat both to self-determination of the Polish and the Lithuanian peoples and to the restoration of their statehoods. So, his hopes to create conditions for self-determination of peoples “in a revolutionary way” decreased. In his Diary, Römer emphasized “the connections of bolsheviks’ aspirations to the world-wide proletarian revolution with the imperialist nature of Bisantian Russia” and in this context he analyzed the possibility to develop attitudes between Lithuania an Soviet Russia/USSR. At the same time, found out also positive moments in those connections and he appreciated highly the peace treaty of July 12, 1920 between Soviet Russia and Lithuania.

Review: The Destruction of Memory, directed by Tim Slade

Tim Slade, director The Destruction of Memory Icarus Films, New York, 2017, 85 min., http://icarusfilms.com/if-destr The 2017 documentary The Destruction of Memory , based on a book of the same title by architecture critic Robert Bevan, traces the history of the purposeful destruction of architecture, urban infrastructure, and monuments over the course of the twentieth century and into the early 2000s, through conflicts primarily in the Middle East and Europe.1 The film is a feat of archival research, pulling together footage from a number of events from the late nineteenth century forward. Its agenda is simple: to reveal that architecture and other cultural artifacts are frequently strategic targets of war and that their destruction is often more than mere collateral damage. Through interviews with a wide-ranging group of experts in the international arena—lawyers, preservation officers, historians, politicians, and architects—supported by archival photographs and footage, Tim Slade, the film's writer and director, tells a vivid and absorbing story of the deliberate destruction of cultural monuments and the emergence of legal frameworks and institutions designed to protect them. The creation and enforcement of those laws has been and remains the responsibility of a host of largely anonymous bureaucrats. To lay the groundwork, the film opens with perhaps the best known of these, Raphael Lemkin (1900–1959), a Polish lawyer who is widely credited with coining the term genocide . The film's argument takes as its starting point Lemkin's assertion of a distinction between two forms of genocide: physical and cultural. After experiencing the atrocities of World War I as a child in his native Poland, Lemkin conceived and advocated for legislation and policy to recognize and deal with the perpetrators of mass destruction. Following the war, the Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties was created by the Allies to enumerate a list of war crimes, determine breaches of …

The Strength of the Attack or the Weakness of the Defence? Poland's Rule of Law Crisis and Legal Formalism

Many people wonder why Poland, which used to be a paragon of successful transition from communism to liberal democracy, descended so easily to an illiberal state via a rule of law crisis. How was it that the defences erected against relapsing into illiberalism, namely independent constitutional and judicial review, were so easily undermined? The majority of commentators point to the strength of the attack on mechanisms ensuring the rule of law, while few focus on the weakness of their defence. In this paper, I argue that one of the reasons why the attack on the rule of law was so successful was the formalistic legal mindset which prevailed among Polish judges and lawyers. This mindset, which is a post-communist legacy, is characterised by a reductionism of interpretative premises that can be taken into consideration in deciding constitutional hard cases. In the Polish case, the reductionism is conspicuous in two main areas: first, in the application of bright-line rules without consideration of general constitutional principles; and second, in the judicial acceptance of politician's use of formal legal tools without consideration of those actors' motives. The conclusion I come to is that judicial formalism, commonly perceived as a tool for establishing the rule of law, can nonetheless contribute to its destruction. The Polish experience shows that the development of a robust, non-formalistic methodology of legal decision-making - one which makes use of general constitutional principles and tests the motives of constitutional actors - is a prerequisite for defence of the rule of law.

KONSTYTUCYJNA OCHRONA WŁASNOŚCI W ŚWIETLE POGLĄDÓW STANISŁAWA MADEYSKIEGO

Constitutional Protection of Property in the Light of Stanisław Madeyski’s ViewsSummary The article discusses the work of Stanisław Madeyski „A political right to freedom of property” published in «Czasopismo Prawnicze i Ekonomiczne» [Journal of Law and Economics] from 1903 and points out that the ideas presented therein did not lose their immediate interest. The main discussions are preceded by a presentation of the curriculum vitae and the academic output of Stanisław Madeyski (1841-1910) a profesor of Jagiellonian University, also a politician, Austrian Minister of Religious Denomination and Education, and the member of the State Tribunal (Reichsgericht).In his work Stanisław Madeyski addresses an interpretation of, still in force in Austria, article V of the Citizens’ Universal Rights Act dated December 21,1867, pursuant to which the property right is inviolable, and expropriation against the owner’s will may occur only in cases provided for in law. Adducing the historical and comparative argumentation Madeyski demonstrates that the said provision is concerned with a ban, aimed at the State authorities, on encroaching upon a domain of property relations of the citizens apart from cases provided for in the constitution. In the author’s opinion the constitution article under discussion guarantees the citizens not only the inviolability of the right to property but also the inviolability of the whole of their possessions that is of the totality of the material rights vested in them. Madeyski points out that the constitutional ban on infringement upon property imposes on the State authorities the legal duty to a citizen to cease all unlawful acts that would infringe upon a property of a citizen. This duty of the State authorities corresponds on the side of a citizen to the possibility of a free disposal of his property. This formulation of a relation between a citizen and the State authorities bears the same features as all liberties guaranteed by the constitution, as for example personal liberty, freedom of religion, freedom of nationality. Doubtless, all these rights originate from the sole right of political liberty (personality). In the same way property inviolability is a particular way to exercise the general right of political liberty as it is the case with any aforementioned liberties. It serves the citizens to develop, within legal limits, their personality according to free will. Madeyski closes his considerations with the conclusion that inviolability of property provided for in this constitutional provision is a political, constitutionally guaranteed right of freedom of property that is protected by law before the State Tribunal.The article emphasizes that it was to Madeyski’s credit that he demonstrated the protection guaranteed by the constitution covers not only property but also other material rights. This view is accepted nowadays, both in Polish and foreign legal doctrine. The most important and enduring is the expressed in the work of Madeyski idea emphasizing the connection between a constitutionally guaranteed protection of proprietary rights and protection of man’s liberty.Bringing back ideas expressed one hundred years ago by one of Polish lawyer of distinction, although nowadays almost forgotten in Poland, served also to point out the role which Austro-Hungarian Monarchy structural solutions played in the formation of constitutional jurisdiction. In this context statements of two professors have been indicated; these of Oswald Balzer and Jozef Buzek from the Lvov University who already in 1919 postulated an establishment of a body having a constitutional jurisdiction status in the Reborn Poland.

O postępie badań nad historią nowoczesnej polskiej nauki prawa karnego

The article presents and evaluates the state of research concerning the history of modern criminal law science in Poland. The author indicates that these studies have been conducted by legal historians and criminal law experts. Over the last 30 years, there appeared a number of historical and legal contributions to the biographies and works of distinguished Polish lawyers of the 19 th and early 20 th centuries. In addition, criminal lawyers published a monograph on the most eminent Polish scholar – Juliusz Makarewicz. They also contributed to re-edition of many works by Makarewicz.

THE PRINCIPLES OF CIVIL PROCEDURE IN POLAND IN THE TWENTIETH CENTURY. DOCTRINE, DRAFTS AND LAW IN A COMPARATIVE PERSPECTIVE

Three fundamental state system and legal transformations, which took place in Poland in the 20th century, make the history of the Polish law of civil procedure an important and intriguing research thread, especially in a comparative perspective. The aim of this article is to demonstrate the problem of the principles of civil procedure in codification works which were in progress before the regaining of independence in 1918. They were continued in the Second Republic of Poland and developed further after the Second World War until the second Polish Code of Civil Procedure was adopted in 1964. Codification works in the Second Republic of Poland and the People’s Republic of Poland were quite different regarding their determinants and also conditions. However both presented the phenomenon of a deviation from the original assumptions and concepts, which were postulated by the authors of the original drafts. Such deviation was usually adverse. The changing fate of Polish civil procedure did not threaten the heritage of Polish jurisprudence. The adversarial and dispositive principles, as well as the principle of oral proceedings and the principle of the free appraisal of evidence were constantly present in the Polish legal system. Nevertheless, after World War II some significant modifications were imposed that limited the autonomy of the parties and the independence of the court owing to the political subordination to the Soviet Union. However, the attitude of the majority of Polish lawyers enabled many standards of the classic judicial proceedings to be maintained, and thereby also the relations with the European doctrine of procedural law.

Hube – Makarewicz – Wolter. Trzy koncepcje karania na przestrzeni stu lat

The article presents the views of three prominent thinkers regarding criminal punishment: Romuald Hube (1803–1890), the father of Polish criminal law, Juliusz Makarewicz (1872–1955), the most distinguished interwar Polish lawyer, and Wladyslaw Wolter (1897–1986), the founder of the Krakow school of criminal law. A presentation of the ideas on punishment developed by these masters of Polish jurisprudence provides an overview of the evolution of criminal law and political-criminal thought in Polish lands over the course of a century. Citing selected fragments from the works of the three professors, the Author examines how they interpreted punishment, what they believed its role to be, and what theories of punishment they put forward; moreover, which specific sanctions they supported. The article also assesses the language and discursive style of these leading lights of Polish legal science. Romuald Hube represented the classic school of criminal law. He published his Ogolne zasady nauki prawa karnego (General principles of the study of criminal law), a rudimentary, systematic interpretation of criminal law, at the age of 27. He was one of the first scholars in Europe to promote a mixed theory of punishment, inspired by Hegelianism and combining the idea of retribution with the preventive aims of punishment. Juliusz Makarewicz was a representative of modernism, the leader of the sociological school of criminal law, and the father of the first penal code in independent Poland. He made his reputation in 1906 with the publication of a work on the philosophy of criminal law. He published a broad range of dogmatic and historical studies, textbooks and a commentary on the 1932 Polish penal code. Makarewicz proposed an absolute justification of punishment, yet he saw retribution as ultimately preventive, nolens volens developing a mixed theory of punishment oriented towards specific prevention. Wladyslaw Wolter was a student of the last eminent exponent of the classic school in Poland, Edmund Krzymuski (1851–1928), and at the same time a representative of normativism. He dealt mainly with general issues in criminal law, particularly criminal science. After the introduction of Makarewicz’s penal code, he immediately published his first textbook. He continued his academic career after the war all the way into the 1970s. Wolter adopted a modernist position within penal science and indicated the need for purposive punishment within the bounds of justice; he was therefore also a supporter of a mixed theory of punishment. Although all of the named professors promoted or embraced a mixed theory of punishment, their approach to the penal system differed to some extent. Hube gave priority to imprisonment, which he strongly believed to be important and effective. Makarewicz questioned the effectiveness of imprisonment and proposed a broad array of protective and probation measures, in addition to non-prison punishments. Like Wolter, he espoused the idea of two-track penal repression, i.e. a system of penalties and protective measures in response to criminal offenses. None of the named scholars rejected capital punishment outright, although all of them distanced themselves from it and hoped that it would be abolished in the future. Hube saw death as an exceptional, rarely used sanction. Makarewicz still foresaw no possibility of removing it from the catalogue of punishments due to the needs of criminal policy – he saw capital punishment as a deterrent, thus a general preventive measure. Wolter denied that it had any such impact, arguing that capital punishment did not deter offenders and was only a protective measure. As for monetary fines, Hube believed them to be appropriate only in the case of petty crimes, although he rejected confiscation of property as a sanction that affected the convict’s family. Makarewicz accepted fines, although he pointed to their limited impact and inequality. Wolter wrote in a similar vein, expressing an ambivalent attitude toward this legal sanction, revealing the inequality of its burden given convicts’ differing material status and recommending different legal solutions when it came to this type of punishment. The excerpts from the works of the great masters of Polish criminal science cited by the Author also allow us to see how the language and style of criminal science has changed. Hube was the father of Polish legal language. His analyses were mainly conducted in a philosophical and historical vein. Makarewicz employed a rhetorical style, often emotional, making legal comparisons. Wolter perfected his arguments, often highly abstract, relying mainly on logic and dogmatics. All three scholars were quite familiar with European legal theory and drew on its achievements

EDWARDA MUSZALSKIEGO KONCEPCJA NARODOWEGO PRAWA CYWILNEGO

Edward Muszalski’s Idea of National Private LawSummary The paper presents the views of Polish lawyer Edward Muszalski on the state of private law in Europe and Poland of the interwar period and his proposals for changes. Muszalski assumed that the law was shaped by two schools of thought : liberal and socialist. In the 18th and 19th century the liberal school dominated, the result of which was the creation of the Napoleonic Code and the BGB. In the 19th century, socialism also influenced the law, which resulted in the creation of labor legislation and trade unions. In the 20th century, the bad qualities of both schools came together in the law of the Soviet Union. However it was possible to combine the good qualities of liberal and socialist law by assuming that the fundamental category of private law is the nation. According to Muszalski, national private law assumes, among others, the dominance of common law over statues, limitation of property rights, strengthening of family stability, limiting rights of will making and abandoning the principle of the will of the parties as the basis for interpreting contracts. Attempts to create national private law were made in Germany under the rule of Hitler and in Italy under the rule of Mussolini. However in both cases full-range law reforms failed, and in both countries private law remains liberal.

Problems of Translation of Provisions of International Treaties Illustrated by The Example of Article 6 of the European Convention for Protection of Human Rights and Fundamental Freedoms

Abstract The subject of these reflections is the analysis of issues concerning language translation of the treaty and connotations connected therewith of the meaning of legal regulations. As an example here one can cite Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, prepared in the two official languages of the Council of Europe, i.e. English and French. The problems of interpretation of Article 6, which regulates the right to a fair trial, resulted from the official translation of the term “prawo do sprawiedliwego procesu sądowego” (the right to a just trial). This triggered a quite widespread discussion in the Polish doctrine as to whether the English term “fair” should be translated as “sprawiedliwy”. Moreover, on the basis of a translation so constructed other proposals of the concept in Article 6 appeared in the literature on the subject, such as “uczciwy” (honest), “słuszny” (right) or “praworządny” (lawful) trial. The article presents the argumentation of Polish lawyers on adopting the aforementioned terms, demonstrating how the language used in translation of the treaty may affect the accurate understanding of legal terminology.

Lawyering in Transition. Post-Socialist Transformations in Autobiographical Narratives of Polish and Russian Lawyers

This paper presents preliminary findings on memories from the period of post-socialist transformation and on related narrative constructs of agency in autobiographical interviews with practicing lawyers from Poland and Russia. The study is based on 25 interviews with individuals born in the late-1930s, 1940s and 1950s. Six different types of narrative accounts about the period of post-socialist transformations are identified and described: (i) trailblazer narratives; (ii) follower narratives; (iii) narratives of volatility; (iv) narratives of continuity; (v) latecomer narratives and (vi) narratives of social decay.

Polskie problemy z genocydem Rafała Lemkina

Polish Problems with Genocide According to Rafal Lemkin Rafal (Raphael) Lemkin is currently the best–known Polish lawyer, whose name appears invariably as a point of departure for international discussions about genocide. He is the author of The German New Order in Poland and in 1944 published Axis Rule in Occupied Europe , containing the term: “genocide”. At the time of the Nuremberg Trial Lemkin acted as adviser to United States Supreme Court Justice Robert H. Jackson. Subsequently, he worked on devising an act of law that would define the principles of penalising the crime of genocide. On 9 December 1948 the United Nations General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide. In Poland the revival of interest in Lemkin has its positive and negative sides. The former undoubtedly include changing or rather initiating an alteration of a situation embarrassing or outright insulting for Poland, namely, when Polish–language versions of the above–mentioned books about the Axis occupation were not available and Lemkin was not mentioned in assorted studies. The latter aspect involves his sui generis sacralisation and elevation, hindering a critical discussion about his achievements, since such a debate could be interpreted as questioning them. This article endeavours to examine the conception of genocide from the viewpoint of an historian, and reflects on the extent to which it could become an instrument of historical analysis.

Wacław Komarnicki o Konstytucji marcowej

Waclaw Komarnicki (1891–1954) was an outstanding Polish lawyer and academic. He was a constitutionalist and served in government in the II and III terms of the Second Polish Republic (1918–1939). Educated in Lyviv and at Dopat, Komarnicki taught law at the University of Stefan Batory in Vilnius, where he became a professor, and at the School of Political Science in Warsaw. He was also a member of the Polish Academy of Sciences, a political activist and Minister of Justice in the Polish Government in Exile in London, where he later died. His academic research and personal contribution in relation to the March Constitution of 1921 and its amendment in August 1926, is deserving of particular attention.