scholarly journals Społeczna szkodliwość — dziedzictwo komunizmu w polskim prawie karnym?

2021 ◽  
Vol 43 (3) ◽  
pp. 155-179
Author(s):  
Wojciech Zalewski
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Second World War ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Democratic State ◽  
The Social ◽  
Social Harmfulness ◽  
Second World

The introduction of social harmfulness (social danger) to Polish criminal law after the Second World War was politically motivated. For many, this circumstance was sufficient to formulate postulates about the necessity to remove this premise of criminal liability. Social harmfulness still remains controversial today. Before, criminal law was seen as a tool. Currently, it is to be an ultima ratio. It is clear that determining the essence of the crime and its nature, introducing into the law “what belongs to literature”, was necessary in the legal system of a totalitarian state, imposing its views and morals on society. In a legal system of a democratic state, a state ruled by law, a statutory ideological declaration regarding the essence of a crime seems redundant. However, changing the nomenclature is not enough here — there is a possibility of weakening the guaranteeing criminal law function. The social harmfulness premise contributes to the heterogeneity of jurisprudence, even in cases concerning serious crimes. The author is of the opinion that limiting the number of minor cases from the point of view of the state’s right to punish, which paralyzes the judiciary with their sheer number, should take place in a different way than introducing the social harmfulness of an act as a criterion determining the culpability. The currently adopted solution seems irrational and non-functional from the perspective of the legal certainty principle. A more appropriate move seems to be the assessing the advisability of prosecuting an act, i.e. by introducing and implementing the principle of opportunism in criminal proceedings.

An Unexpected Path to Modernisation: The Case of German Artisans during the Second World War

1996 ◽  
Vol 5 (3) ◽  
pp. 401-426 ◽  
Author(s):  
Frederick L. Mckitrick
Keyword(s):  
Second World War ◽  
Point Of View ◽  
West Germany ◽  
Class Relations ◽  
World War ◽  
New Era ◽  
The Social ◽  
History Of ◽  
Post War ◽  
Second World

On 10 July 1950, at the celebrations marking the fiftieth anniversary of the founding of the Wiesbaden Chamber of Artisans (Handwerkskammer), its president Karl Schöppler announced: ‘Today industry is in no way the enemy of Handwerk. Handwerk is not the enemy of industry.…’ These words, which accurately reflected the predominant point of view of the post-war chamber membership, and certainly of its politically influential leadership, marked a new era in the social, economic and political history of German artisans and, it is not too much to say, in the history of class relations in (West) Germany in general. Schöppler's immediate frame of reference was the long-standing and extremely consequential antipathy on the part of artisans towards industrial capitalism, an antipathy of which his listeners were well aware.

scholarly journals O PARADIGMA DO ESTADO DEMOCRÁTICO DE DIREITO: ESTRUTURA CONCEITUAL E DESAFIOS CONTEMPORÂNEOS

2019 ◽  
Vol 2 (55) ◽  
pp. 485
Author(s):  
Mauricio Godinho DELGADO ◽  
José Roberto Freire PIMENTA ◽  
Ivana NUNES
Keyword(s):  
Western Europe ◽  
Case Law ◽  
The United States ◽  
Second World War ◽  
Liberal State ◽  
Democratic State ◽  
The Social ◽  
German Constitution ◽  
The Republic ◽  
Second World

RESUMOO constitucionalismo ocidental caracteriza-se pela presença de três paradigmas mais destacados. O mais antigo, denominado de Estado Liberal de Direito, originário dos documentos constitucionais do século XVIII dos EUA e da França, foi antecedido pelo pioneirismo constitucional britânico, de origem costumeira, jurisprudencial e parlamentar, desde o século XVII. No Brasil, teve influência na Constituição de 1891. O paradigma do Estado Social de Direito, oriundo dos documentos constitucionais da segunda década do século XX, como a Constituição do México, de 1917, e a Constituição da Alemanha, de 1919. No Brasil, despontou na Constituição de 1934, desenvolvendo-se também na Constituição de 1946. Por fim, o paradigma do Estado Democrático de Direito, também chamado de Constitucionalismo Humanista e Social, foi arquitetado em países da Europa Ocidental a partir de 1945/46, logo depois do término da Segunda Grande Guerra. Esses três paradigmas são estudados neste texto, com o objetivo de melhor compreender as características inerentes ao paradigma do Estado Democrático de Direito. Tal paradigma, a propósito, chegou ao Brasil apenas por intermédio da Constituição da República de 1988. O presente estudo também analisa as adversidades e os desafios que tem sido antepostos ao novo paradigma constitucional nas últimas décadas no Ocidente. PALAVRAS-CHAVE: Paradigmas Constitucionais; O Estado Democrático de Direito como Novo Paradigma Constitucional; Desafios ao Constitucionalismo Humanista e Social. ABSTRACT Western constitutionalism is characterized by the presence of three main paradigms. The oldest, known as the Liberal State, arising from the constitutional documents of the eighteenth century in the United States and France, was preceded by the pioneering British constitutionalism, of customary, case law, parliamentary origins, since the seventeenth century. In Brazil, it influenced the Constitution of 1891. The Social State paradigm originated in the constitutional documents of the second decade of the twentieth century, such as the Mexican Constitution of 1917 and the German Constitution of 1919. In Brazil, this paradigm emerged in the Constitution of 1934 as well as in the Constitution of 1946. Finally, the Democratic State paradigm, also called Humanist and Social Constitutionalism, was designed in Western Europe from 1945/46 onwards, shortly after the end of the Second World War. These three paradigms are studied in this text in order to better understand the inherent characteristics of the Democratic State paradigm. This paradigm, incidentally, only reached Brazil through the Constitution of the Republic of 1988. The present study also analyzes the adversities and challenges faced by the new constitutional paradigm over the past decades in the West. KEYWORDS: Constitutional Paradigms; The Democratic State as a New Constitutional Paradigm; Challenges to Humanist and Social Constitutionalism.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

Criminal law assessment of spanking

2021 ◽  
Vol 2(24) ◽  
pp. 239-253
Author(s):  
Michał Grudecki
Keyword(s):  
Corporal Punishment ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Point Of View ◽  
Penal Code ◽  
Educational Method

The article is devoted to the issue of the criminal law assessment of spanking. Spank, despite the prohibition of corporal punishment introduced into the Polish legal system over 10 years ago, is still an acceptable behavior among part of the socjety. Taking into account the positions of opponents and supporters of this educational method, as well as the norms of criminal law, it is necessary to answer the question whether the guardians who apply it will bear unconditional criminal liability. Giving this answer requires an analysis of the spanking behavior from the perspective of the crime model. The behavior of the spanker fulfills the features of the prohibited act under Article 217 of the Penal Code, but in some cases it may not be shameful (Article 1 § 2 of the Penal Code) or the perpetrator cannot be blamed (art. 1 § 3 of the Penal Code). The author also assesses spanking from the point of view of non statuory justification punishing minors and takes a stance on the admissibility of using non-statutory justifications.

scholarly journals Dekret Prezydenta Rzeczypospolitej Polskiej o odpowiedzialności karnej za zbrodnie wojenne z dnia 30 marca 1943 roku

2019 ◽  
Vol 41 (2) ◽  
pp. 79-123
Author(s):  
Dominika Uczkiewicz
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
War Crimes ◽  
Second World War ◽  
International Criminal Law ◽  
World War ◽  
Retroactive Effect ◽  
War Criminals ◽  
Polish Government ◽  
Second World

On 30 March 1943 the Decree of the President of the Polish Republic on Criminal Liability for War Crimes, the first normative act setting down the legal basis for persecution of war criminals issued by one of the Allies during the Second World War, was proclaimed. The promulgation of the decree can be considered as the turning point in the Polish government-in-exile’s policy towards the problem of the prosecution and punishment of Nazi criminals, which started in autumn 1939. After the announcement of the draft decree, developed by the Polish minister of justice, professor of state law, Wacław Komarnicki and by an international lawyer, professor of criminal law, Stefan Glaser in the spring of 1942, a fierce discussion on the legal act’s concept broke out in the Polish government and lasted until November 1942. Although all Polish politicians agreed on the need to define the principles of individual criminal liability for war crimes, the proposal to promulgate criminal legislation with retroactive effect aroused much controversy. However, as the course of these debates shows, the critical point was not the mere fact of violating the lex retro non agit principle. The scepticism of some Polish politicians towards this idea resulted from purely pragmatic reasons and was caused by lack of support from the American and British governments for the proposal to define legal frames for the future trials of war criminals this attitude changed only in spring 1945. This article presents the genesis and provisions of the Decree of the President of the Polish Republic on Criminal Liability for War Crimes of 30 March 1943 in the context of international debates on international criminal law and individual liability for war crimes. It argues that the legislative works on the decree and its proclamation in March 1943 mark an important point in the process of shaping the concept of prosecution and punishment of war criminals during the Second World War.

Aktuelle Entwicklungen im Medizinstrafrecht

2021 ◽  
Keyword(s):  
Criminal Law ◽  
Service Providers ◽  
Criminal Liability ◽  
Legal Issues ◽  
Healthcare Sector ◽  
Criminal Proceedings ◽  
Social Law ◽  
Current Trends ◽  
The Social ◽  
Aktuelle Entwicklungen

Medical criminal law has developed rapidly in recent years and has become much more important. The Working Group on Medical Law, together with the Düsseldorf Institute for Legal Issues in Medicine, organizes the annual Düsseldorf Medical Criminal Law Day. In this volume, this year's contributions are made available to the specialist public. The contents included current trends in medical criminal law, the representation of witnesses and companies in medical criminal proceedings, criminal law risks in connection with the digitalization of medicine, experiences from the social law prohibition of cooperation between service providers and contract physicians, MVZ constructions as a risk of criminal liability, and corporate sanctions in the healthcare sector. With contributions by Prof. Dr. Gunnar Duttge; Prof. Dr. Eric Hilgendorf; RA Dr. Ulrich Leimenstoll; RA Dr. Ingo Pflugmacher, FAMedR u. FAVerwR; RA Dr. Mathias Priewer; Prof. Dr. Karsten Scholz and Jonas Christopher Schulz.

scholarly journals Transnational Criminal Law and International Criminal Law: Interrelationship or Separation

2020 ◽  
Vol 9 (1) ◽  
pp. 163-182
Author(s):  
Abdelnaser Aljahani
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Liability ◽  
Second World War ◽  
International Criminal Law ◽  
Legal Concept ◽  
Public International Law ◽  
The Public ◽  
Second World

This article attempts to identify the relation of the transnational criminal law to the international criminal law that is one of the branches of public international law that has been formed after the Second World War, if not before. The main purpose of this article is to examine whether transnational criminal law is one of the branches of international criminal law, or is it independent and therefore can be described as an independent and new branch of the public international law. The researcher in this article tends to the second trend because of the differences between the transnational criminal law and international criminal law, based on the legal concept, subject of law, sources of law, criminal liability and jurisdiction.

The Political and Aesthetic Power of the Everyday in Beckett's Happy Days

2019 ◽  
Vol 28 (1) ◽  
pp. 52-66
Author(s):  
Julie Bates
Keyword(s):  
Second World War ◽  
First Century ◽  
Environmental Crisis ◽  
The Political ◽  
Algerian War ◽  
Material Resources ◽  
The Social ◽  
The Everyday ◽  
The Last Man ◽  
Second World

Happy Days is contemporaneous with a number of seminal contributions to the concept of the everyday in postwar France. This essay suggests that the increasingly constrained verbal and physical routines performed by its protagonist Winnie constitute a portrait of the everyday, and goes on to trace the affinities between Beckett's portrait and several formulations of the concept, with particular emphasis on the pronounced gendering of the everyday in many of these theories. The essay suggests the aerial bombings of the Second World War and methods of torture during the Algerian War as potential influences for Beckett's play, and draws a comparison with Marlen Haushofer's 1963 novel The Wall, which reimagines the Romantic myth of The Last Man as The Last Woman. It is significant, however, that the cataclysmic event that precedes the events of Happy Days remains unnamed. This lack of specificity, I suggest, is constitutive of the menace of the play, and has ensured that the political as well as aesthetic power of Happy Days has not dated. Indeed, the everyday of its sentinel figure posted in a blighted landscape continues to articulate the fears of audiences, for whom the play may resonate today as a staging of twenty-first century anxiety about environmental crisis. The essay concludes that in Happy Days we encounter an isolated female protagonist who contrives from scant material resources and habitual bodily rhythms a shelter within a hostile environment, who generates, in other words, an everyday despite the shattering of the social and temporal framework that conventionally underpin its formation. Beckett's play in this way demonstrates the political as well as aesthetic power of the everyday in a time of crisis.

Western Ethnic Borderlands in the Influence of Russian-Soviet Propagangda Before and in the Years of the Second World War

2017 ◽  
Vol 2 (46) ◽  
pp. 32-39
Author(s):  
Igor Lyubchyk
Keyword(s):  
First World War ◽  
Second World War ◽  
World War ◽  
Russian Orthodoxy ◽  
The Social ◽  
The First World War ◽  
Post War ◽  
Second World ◽  
First World ◽  
Russian Identity

The research issue peculiarities of wide Russian propaganda among the most Western ethnographic group – Lemkies is revealed in the article. The character and orientation of Russian and Soviet agitation through the social, religious and social movements aimed at supporting Russian identity in the region are traced. Tragic pages during the First World War were Thalrogian prisons for Lemkas, which actually swept Lemkivshchyna through Muscovophilian influences. Agitation for Russian Orthodoxy has provoked frequent cases of sharp conflicts between Lemkas. In general, attempts by moskvophile agitators to impose russian identity on the Orthodox rite were failed. Taking advantage of the complex socio-economic situation of Lemkos, Russian campaigners began to promote moving to the USSR. Another stage of Russian propaganda among Lemkos began with the onset of the Second World War. Throughout the territory of the Galician Lemkivshchyna, Soviet propaganda for resettlement to the USSR began rather quickly. During the dramatic events of the Second World War and the post-war period, despite the outbreaks of the liberation movement, among the Lemkoswere manifestations of political sympathies oriented toward the USSR. Keywords: borderlands, Lemkivshchyna, Lemky, Lemkivsky schism, Moskvophile, Orthodoxy, agitation, ethnopolitics

“Product Not Available in Pre-War Quantities – but Quality Remains the Same”: Remarks on Advertisements as Historical Sources

2019 ◽  
Author(s):  
Magdalena Saryusz-Wolska
Keyword(s):  
Social Norms ◽  
Economic History ◽  
Second World War ◽  
Point Of View ◽  
World War ◽  
Historical Sources ◽  
The Past ◽  
German Press ◽  
Post War ◽  
Second World

The article focuses on advertisements as visual and historical sources. The material comes from the German press that appeared immediately after the end of the Second World War. During this time, all kinds of products were scarce. In comparison to this, colorful advertisements of luxury products are more than noteworthy. What do these images tell us about the early post-war years in Germany? The author argues that advertisements are a medium that shapes social norms. Rather than reflecting the historical realities, advertisements construct them. From an aesthetical and cultural point of view, advertisements gave thus a sense of continuity between the pre- and post-war years. The author suggests, therefore, that the advertisements should not be treated as a source for economic history. They are, however, important for studying social developments that occurred in the past.

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