scholarly journals Postautorytarna trauma jako czynnik sprawczy przemian mechanizmu przedawnienia roszczeń w Polsce. Część 2

2021 ◽  
Vol 43 (1) ◽  
pp. 289-297
Author(s):  
Joanna Kuźmicka-Sulikowska
Keyword(s):  
Social Attitude ◽  
Normative Structure ◽  
Authoritarian State ◽  
Significant Period ◽  
Abuse Of Law ◽  
The Way

The first part of the article characterizes the change in the provisions concerning the way of taking into account the expiration of the limitation period of claims, which took place in 1990, as well as the basic aspects related to the functioning of two competing solutions in the discussed issue, i.e. taking into account the expiration of limitation period of claims by the court ex officio or on the defendant’s plea. This second part of the article presents the practice of applying the solution introduced in 1990, including the assessment by the courts of the plea of limitation raised by the defendant in terms of whether it constitutes an abuse of law. Some irregularities that emerged in connection with the functioning of the electronic writ of payment were also indicated. Attention was also paid to the aspect of the sometimes expressed social attitude in the analyzed matter and the amendment to the provisions on the limitation of claims made by the Act of April 13, 2018. The latter regulation caused that now, in relation to claims pursued by entrepreneurs from consumers, the court must ex officio take into account the expiration of the limitation period of claim. The considerations end with reflections on the causes and effects of the phenomenon of the return, albeit partial, to such a solution. After all, it was first rejected in 1990 as a normative structure functioning in an authoritarian state, and in a significant period even totalitarian (as discussed in more detail in the first part of this article), and now in 2018 it has been restored with regard to claims pursued by entrepreneurs from consumers.

scholarly journals The Quintessential Features of Iranian Art in Saljuq Period

2016 ◽  
Vol 10 (6) ◽  
pp. 219
Author(s):  
Ali Piri ◽  
Mohammad Piri
Keyword(s):  
Significant Role ◽  
Analytical Approach ◽  
Significant Period ◽  
Iranian Art ◽  
Renaissance Period ◽  
Traditional Arts ◽  
The Way

The reign of Saljuqian in Iran is considered as a flourishing era of Islamic-Iranian culture. In the Saljuq period, Iran art has experienced and underwent some changes as long as the presence of these evolutions as keystone in Iranian traditional arts have played a significant role in arts such as architecture, painting, pottery and etc. Since the effect of the Saljuq art has been so impressive, even it is not considered as a renaissance period, it can be accounted as one of the significant period in Iranian art. The purpose of this study is to point out some features of the Saljuq art through using descriptive-analytical approach, and to examine some aspects of arts including architecture, pottery, and textile in this period. What is more, the outcomes of the present paper reveal that with regard to the Saljuq architecture, mosques have been formed by nave, dome, and four-porch courtyard derived from Khorasan architecture art. The eminent buildings of this period are Jameh Mosque of Isfahan, Jam Minareh, Sanjar monument in Marv city. Successes have been also achieved in pottery art such as making pottery dishes with over glaze, and under glaze painting and red dishes with white cover. In the field of discovered metal works, there is a variety of bowls, vases and golden, silver and bronze cups which have been carved, embossed and inlayed by picture of animals and plants as well as Kufic script. Moreover, the silk textile known as Ordaki has been one of the brilliant samples of textiles art in this period, decorated with blue Kufic script. In overall, Saljuq arts have paved the way for more development of arts in the subsequent years.

scholarly journals Niezależność sądu oraz niezawisłość sędziowska w sprawach karnych w okresie rządów autorytarnych i totalitarnych w Polsce

2021 ◽  
Vol 43 (2) ◽  
pp. 391-401
Author(s):  
Krzysztof Nowicki
Keyword(s):  
Criminal Case ◽  
International Treaties ◽  
Criminal Cases ◽  
Authoritarian State ◽  
Proper Functioning ◽  
Administration Of Justice ◽  
Judicial Autonomy ◽  
Totalitarian State ◽  
The Way

At present, there is no doubt that a need exists to ensure the citizens’ right to have a criminal case examined by an independent and unbiased court. For the proper functioning of the court-based administration of justice to be possible, the courts must have the attribute of independence and the judges must be autonomous. These issues are regulated in international treaties to which Poland is a party. The aim of this study is to describe the role of judiciary independence and judicial autonomy in criminal cases. In order to achieve these goals, considerations will be presented on the essence of such independence and autonomy, and a reference will be made to the way the authoritarian state functioned after the May coup in the Second Polish Republic, and the totalitarian state during the era of the Polish People’s Republic.

Globalization and a Normative Framework of Freedom

Human Affairs ◽  
2007 ◽  
Vol 17 (1) ◽  
Author(s):  
Ladislav Hohoš
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Social Order ◽  
Self Determination ◽  
Normative Structure ◽  
New Era ◽  
Normative Framework ◽  
Positive Liberty ◽  
The Way

Globalization and a Normative Framework of FreedomThe author considers the question of whether or even what normative structure of social order is able to encourage the advancement of the measure of positive liberty in the process of globalization. Related to this is the issue of the insufficiency of guarantees provided by orthodox liberalism for human self-determination. The author considers possible scenarios as to the way in which an elite cosmopolitan minority, profiting from globalization and feeling no responsibility for the majority left to its own fate, would pursue its own interests. The ideas of Ralf Dahrendorf concerning the global rule of law in the name of freedom and the need for international law are referred to. Globalization is occurring just as Marx intuitively predicted: capitalism becomes the bearer of hidden immanent self-destructive mechanisms. In conclusion, the author's hypothesis is that the new era of law in the 21

When Journalists See Themselves as Villains: The Power of Negative Discourse

2021 ◽  
pp. 107769902098546
Author(s):  
Ruth Moon
Keyword(s):  
Social Roles ◽  
Social Contexts ◽  
Media Policy ◽  
Social Actors ◽  
Authoritarian State ◽  
The Way

This article examines the way journalists talk about themselves and negotiate authority with sources, audiences, and media policy in a postconflict, developmental authoritarian state. Grounded in concepts of metajournalistic discourse and authority, the study shows how members of the journalism field in some contexts embrace a narrative that limits autonomy and situates them as untrustworthy social actors. Interviews collected over a 7-month period in Rwanda show that a shared sense of untrustworthiness defines the contemporary boundaries of the Rwandan journalism field. The findings also suggest that consensus-oriented or postconflict social contexts might encourage journalists to adopt less autonomous social roles.

scholarly journals IMF Sovereign Debt Restructuring Framework: Origin, Evolution and Latest Updates of its Main Components

2020 ◽  
Vol 16 (2) ◽  
Author(s):  
Alejandro Gabriel Manzo
Keyword(s):  
Sovereign Debt ◽  
Debt Restructuring ◽  
Normative Structure ◽  
Sensitive Areas ◽  
Analytical Perspective ◽  
Main Components ◽  
Action Procedure ◽  
The Way ◽  
The Imf

Abstract The first introductory manual of the IMF framework for Sovereign Debt Restructurings (SDRs) is introduced in this article. SDR processes, in which billions of dollars are negotiated, constitute key elements for the healthy recovery of an over-indebted economy. However, there are no academic works that analyze in depth the way in which the Fund organizes them. Based on official documents, this paper aims to bridge this gap by explaining how the components that shape the IMF SDR framework are articulated. To this end, the article analyzes: 1) the framework substantial and procedural rules in order to show it as an abstract normative structure as well as an action procedure applicable to specific cases; 2) the framework evolution, synthetically presenting the discussions that gave rise to its main components and justified its principal changes; 3) the framework latest updates, which modified sensitive areas of the Fund’s surveillance and financing functions. This analytical perspective closes a logical circle that shows the IMF SDR framework in a historical and integral manner and also gives an idealistic insider view to what the Fund is and how it operates.

scholarly journals Mapping the Self: Leonora Carrington’s Journey through the Mad Mind in Down Below

2021 ◽  
Vol 43 (2) ◽  
pp. 110-129
Author(s):  
Laura de la Parra Fernández
Keyword(s):  
Life Writing ◽  
Central Element ◽  
The Self ◽  
Authoritarian State ◽  
The World ◽  
The Way

This article examines the Map of Down Below as a central element for understanding Leonora Carrington’s Down Below (1944). Carrington’s Surrealist memoir about madness, first dictated in French and then translated into and published in English, recounts her experience of being interned in a mental asylum during the early Francoist dictatorship in Spain while trying to flee from the Nazis in France. The text has often been read as a Surrealist autobiography contesting André Breton’s Nadja (1928). However, and without disavowing this reading, I argue that the way in which Carrington narrates her experience of madness is a means to gather knowledge about the world and the Self beyond the literary and institutional conventions of the time, namely, autobiography and eugenic psychiatry as part of the authoritarian state. Thus, I explore how Down Below, as life writing, illuminates a form of truth that deviates from the autobiographical tradition of the unitarian Self. Carrington’s found truth sheds light on other possibilities of experiencing—or creating—the Self, while she also challenges both the normative Francoist psychiatry and traditional life writing.

scholarly journals On the Way to Empire?

2020 ◽  
Vol 29 (1) ◽  
pp. 89-109
Author(s):  
David Engels
Keyword(s):  
Roman Republic ◽  
Debt Crisis ◽  
Traditional Religion ◽  
The West ◽  
Civil Unrest ◽  
Authoritarian State ◽  
The Family ◽  
Social Polarisation ◽  
The Way

The parallels between the crisis of the modern West and the fall of the Roman Republic in the 1st century BC are staggering: mass immigration, shrinking demography, decline of the family, erosion of the traditional religion, globalisation, social polarisation, a culture of bread and circuses, debt crisis, technocracy, asymmetrical wars, populism, etc. The present paper tries to summarise these analogies and reflects on the possibility of seing the West suffer similar events than those affecting the late Republic: civil unrest, rise of charismatic individuals, instauration of an authoritarian State.

scholarly journals Migrant protection regimes: Beyond advocacy and towards exit in Thailand

2020 ◽  
Vol 46 (5) ◽  
pp. 652-671
Author(s):  
Darshan Vigneswaran
Keyword(s):  
Human Rights ◽  
The State ◽  
Authoritarian State ◽  
Quality Of Protection ◽  
Human Rights Advocacy ◽  
International Migrants ◽  
The Law ◽  
Forced Labour ◽  
The Way

AbstractInternational migrants are subject to many types of violence, such as trafficking, detention, and forced labour. We need an improved understanding of what protects migrants from such violence. The concept of ‘migrant protection regimes’ draws our attention away from formal rights advocacy and to both the informal dimensions of protection and the way migrants help determine the quality of protection they receive. ‘Migrant protection regimes’ are sets of rules and practices regarding who ought to protect whom. These regimes include formal rights to protection in the law and informal relationships that protect migrants from lawful violence by the state. They may be changed by ‘power grabs’, when sovereign actors seek to monopolise protection relationships, but also by ‘exits’, when migrants refuse to accept the protection on offer. The study demonstrates the value of these concepts by using them to explain an unlikely case: a change in laws concerning migrant protection in an authoritarian state: Thailand. Drawing on rich qualitative sources, the article reveals how, after a human rights advocacy campaign had placed migrants’ protection in jeopardy, a mass migrant exodus compelled the country's junta to offer migrants protection on better terms.

The Rule of Law and Authoritarian Rule: Legal Politics in Sudan

2016 ◽  
Vol 41 (02) ◽  
pp. 465-470 ◽  
Author(s):  
Sally Engle Merry
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Colonial Period ◽  
The Political ◽  
Authoritarian Rule ◽  
Simple Argument ◽  
The Rule Of Law ◽  
Authoritarian State ◽  
Democratic Rule ◽  
The Way

Does the rule of law guarantee peace and democracy, as so many people in the development and governance field believe? What are the historical and sociocultural conditions that shape the way rule of law mechanisms work in practice? Mark Massoud's monograph tracing the changing dimensions of the rule of law in Sudan from its colonial period to the present offers an important perspective on these questions, casting doubt on the simple argument that the rule of law produces democracy and peace. Instead, he shows how colonial and authoritarian rulers used the rule of law to consolidate power and legitimate their rule. In Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan, Massoud develops the concept of legal politics, arguing that the way the rule of law works varies with the political system in which it is embedded. He concludes that the forms of legal politics that reinforce the power and authority of legal institutions are more likely to sustain an authoritarian state than to bring democratic rule. His analysis is a valuable caution to those who promote the rule of law as the salvation for all. Taking a sociolegal perspective, he shows how it works in practice.

Action in the Era of Stagnation

2019 ◽  
pp. 73-84
Author(s):  
Mikhail Prozumenshikov
Keyword(s):  
Single Individual ◽  
Party Leadership ◽  
Joseph Stalin ◽  
Authoritarian State ◽  
Nikita Khrushchev ◽  
The World ◽  
Mega Event ◽  
Sports Officials ◽  
The Way

After the Soviet Union’s successful second-place result in the 1952 Olympic Summer Games, its sports officials began to dream of hosting the great mega-event in Moscow. Able leaders like Konstantin Andrianov and Nikolai Romanov repeatedly pushed the party leadership to go along with their plans but to no avail. Joseph Stalin, who departed the world in 1953, had little interest in sport, and his successor, Nikita Khrushchev, was hostile. Everything changed when Leonid Brezhnev came to power. He was an ardent fan of sport who had supported teams and clubs in all the localities through which he passed on the way to the top of the Soviet hierarchy in 1964. Ten years later, after numerous false starts, the Soviet capital was awarded the Games. In this case, a single individual in an authoritarian state had a profound effect.

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