scholarly journals Regulacje „antyfaszystowskie” jako narzędzie transformacji ustrojowej w Polsce: kazus tzw. małego kodeksu karnego z 1946 r.

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 421-434
Author(s):  
Katarzyna du Val

“Antifascist” Regulations as a Tool of Systemic Transformation in Poland: The Case of the So-called Small Penal Code of 1946 In Poland in the mid-1940s a number of „anti-fascist” regulations came into force. However, they served mostly as a propaganda tool aimed at fighting political opponents and building a new order. In this context, attention should be drawn to „anti-fascist” provisions contained in a Decree on particularly dangerous crimes during the rebuilding of the State of June 13, 1946 (aka „small penal code”).

2019 ◽  
Vol 60 ◽  
pp. 424-428
Author(s):  
Alexandra I. Vakulinskaya

This publication is devoted to one of the episodes of I. A. Ilyin’s activity in the period “between two revolutions”. Before the October revolution, the young philosopher was inspired by the events of February 1917 and devoted a lot of time to speeches and publications on the possibility of building a new order in the state. The published archive text indicates that the development of Ilyin’s doctrine “on legal consciousness” falls precisely at this tragic moment in the history of Russia.


Wacana Publik ◽  
2019 ◽  
Vol 12 (02) ◽  
Author(s):  
Syamsul Ma'arif

After had being carried out nationalization and hostility against west countries, the New Order regime made important decision to change Indonesia economic direction from etatism system to free market economy. A set of policies were taken in order private sector could play major role in economic. However, when another economic sectors were reformed substantially, effords to reform the State Owned Enterprises had failed. The State Owned Enterprise, in fact, remained to play dominant role like early years of guided democracy era. Role of the State Owned Enterprises was more and more powerfull). The main problem of reforms finally lied on reality that vested interest of bureaucrats (civil or military) was so large that could’nt been overcome. 


2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.


Author(s):  
Elżbieta Ura ◽  

The aim of this article is to draw attention to the Police efforts during the state of epidemic announced on 25 March 2020 connected to the COVID-19 virus. These efforts are being made on the basis of particular laws in force during this state, but also on the basis of the rules in the penal code. The execution of specific tasks involves effectiveness, which ensures proper cooperation of many bodies, including the cooperation of the epidemiological services with the Police and units of medical rescue. It is important, however, to obey the rule of proportionality in applying certain measures of power in the institutions involved in the execution of prohibitions and obligations of specific behaviour during the state of epidemic. The measures of power cannot also lead to disruptions of the principle of law-abidingness.


1999 ◽  
Vol 14 ◽  
pp. 316-339

Thursday 28 May 1942 The Labour Party has been airing its views at its conference in London during the last two days — it stands for the usual things and its speakers bawl out the usual platitudes. In the old days one did not bother much about what was said at Labour conferences, but nowadays one realises that all this claptrap has a bigger and bigger following of people — unthinking people, I think. The left wing intelligentsia always strike me as the most unthinking of men: their theories are all based on the old worn out, futile, untrue assumption of equality — all men may be equal in the eyes of God, but He never made all men equal to the tasks which they are set. To institute a new order of society on the basis of equality is doomed to failure — because it implies bringing men down to the level of the least fit among them to cope with the problems of life. In such a society progress in the true sense of the word would, I am certain, be impossible — unless, indeed, it were possible to change all the human instincts. Is it likely that a man would give of his best if he were to gain no reward for his efforts? Would not the natural instinct of each one of us be to sit back and do as little as possible, if he knew that he would be kept by the State?Friday 29 May I went to a Boys Club near Byker Bridge and afterwards went on the Byker and Heaton Conservative Working Men's Club. Everyone there was very civil to me and I drank a lot of beer — I also spoke for about five minutes which I gathered was as much as they wanted. Several men came and talked to me, asking questions — clearly the Russian complex has taken possession of some of them — it is odd how quickly propaganda has an effect upon the crowd - one might think that Russia was of more importance to us than our own country.


Author(s):  
Gavin Shatkin

Jakarta under the New Order—the period of the rule of President Suharto which ended in 1998—represents a case of an authoritarian regime that employed regulatory reforms and developmental discourses to enable a massive and highly regressive appropriation of land at Jakarta’s periurban fringe. The New Order regime specifically used land permitting, a process through which the state granted private developers exclusive rights to acquire and develop land held under customary tenure, to transfer land from smallholders to major developers. The chapter analyzes one project that was enabled through such a permit, Bumi Serpong Damai, or BSD City. One of the early experiments in urban real estate megaproject development, BSD City initially undertook meaningful efforts to create a socially and ecologically sustainable new town model. However, these measures broke down quickly in the face of developer interests in the maximization of profit.


Author(s):  
Evan A. Laksmana ◽  
Michael Newell

This chapter argues that, contrary to the rhetoric of the War on Terror, Indonesia’s counterterrorism policies are neither specific responses to transnational terror networks, nor are they simply a byproduct of the post-9/11 era. We argue, instead, that counterterrorism policies in Indonesia cannot be disentangled from historical state reactions to internal security challenges—ranging from social violence to terrorism and secessionism—since the country’s independence in 1945. While these different conflicts had diverse political, ideological, religious and territorial characteristics, they are united as disputes over the basic institutions and boundaries of the state. In light of this history, the Indonesian state’s response to contemporary political violence—such as the 2002 Bali bombings and the threat of transnational terrorism, allegedly centered on the Jemaah Islamiyah (JI) group—should be reexamined as part of these broader, historical trends in state responses to internal violence. We further argue that while the state, in seeking to maintain its territorial integrity and defend its institutions, has responded in a variety of ways to these conflicts, the particular domestic tools of coercion and repression used in President Suharto’s authoritarian New Order—from arbitrary imprisonment to forced disappearances and an all-out military campaign—have contributed to the rise of JI and its splinter groups and left a legacy of mixed responses to terror. Our examination of the evolution of internal political violence and state counterterrorism demonstrates that terrorism and counterterrorism in Indonesia are rooted within this context of the disputed postcolonial state. As such, state responses to terrorism and political violence in Indonesia have taken both a different form and function when compared to the reactions of the United States and United Kingdom. While the latter states committed their militaries abroad in an effort to exterminate foreign militants, our analysis demonstrates that the state has crafted responses to various sources of domestic violence—including different secessionist movements and JI—on an ad hoc basis and, in doing so, has utilized different security institutions, from the military to the police.


1999 ◽  
Vol 58 (3) ◽  
pp. 753-773 ◽  
Author(s):  
Satadru Sen

The penal colony that the british established in the Andaman Islands at the end of the 1850s was originally intended as a place of permanent exile for a particular class of Indian criminals. These offenders had, for the most part, been convicted by special tribunals in connection with the Indian rebellions of 1857–58. As the British vision of rehabilitation in the Andamans evolved, the former rebels were joined in the islands by men and women convicted under the Indian Penal Code. In the islands, transported criminals were subjected to various techniques of physical, spatial, occupational, and political discipline (Sen 1998). The slow transition from a convicted criminal to a prisoner in a chain gang, to employment as a Self-Supporter or a convict officer in the service of the prison regime, to life as a free settler in a penal colony was in effect a process by which the state sought to transform the criminal classes of colonial India—the disloyal, the idle, the elusive and the disorderly—into loyal, orderly, and governable subjects.


1969 ◽  
Vol 4 (4) ◽  
pp. 479-493
Author(s):  
Helen Silving

The state of our “criminal law” in 1905 was described by William H. Taft as “a disgrace to our civilization”. This state had not changed much almost half a century later, when Justice Frankfurter quoted Mr. Taft's statement. Several major modern reform projects formulated since 1952 introduced some noteworthy modifications. I have in mind particularly the American Law Institute Model Penal Code, on the one hand, and the German Draft of a Penal Code, both of 1962, on the other. In the former I should like to draw attention to the serious attempt at a systematization of punishment scales, and in the latter to the effort at a systematic structuring of the “guilt principle”. The German Draft incorporated results of various revisions introduced since the collapse of the National Socialist régime, by either statutory or judicial legislation—revisions born out of the growing concern in Germany with “guilt”. Prominent among these revisions, of course, is adoption of the defence of “error of law” of ancient origin, derived from biblical, talmudic and canon law teaching. Nevertheless, these two projects have but touched the surface of the profound problems that are involved in formulating truly modern penal legislation.


2019 ◽  
Vol 42 ◽  
pp. e42407
Author(s):  
Mayara Henriques Coimbra ◽  
Gislaine Elizete Beloto

The new urban order in the territorialization of cities, in general, is based on the principles of an ever more fragmented and dispersed growth across the territory. However, the growth of the urban area of Maringá diverges from this new order, retaining its compact form. In this study, the urban area of Maringá is composed of the cities of Maringá, Sarandi and Paiçandu in the State of Paraná, Brazil. The objectives of this article are to define the urban form of Maringá considering the variables compact city, fragmented city and disperse city and to identify the periods of urban expansion for each variable. The timeline of this study begins with the implantation of the cities in the 1940s and continues until the year 2016, since the urban area been mapped in a decennial diachronic series. Originally compact, the urban area fragments as it expands, in a movement that continues until the 2000s. After that, the occupation of its center predominates, making it compact again. Given these points, the beginning of a new cycle or new model of urban expansion is evident for Maringá.


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