scholarly journals FRANTIŠEK WEYR (1879-1951). ZAPOMNIANY NORMATYWISTA

2016 ◽  
Vol 13 (4) ◽  
pp. 91
Author(s):  
Bartosz Lewandowski
Keyword(s):  
Normative Theory ◽  
Law School ◽  
Scholarly Activity ◽  
Communist Regime ◽  
Second Republic ◽  
Legal Norms ◽  
History Of ◽  
Main Representative ◽  
Theory Of Law ◽  
Second World

FRANTIŠEK WEYR (1879-1951): A FORGOTTEN NORMATIVIST Summary František Weyr (1879-1951) was one of the most outstanding adherents of the normative theory of legal science during the inter-war period. His scholarly activity was focused on the basic issues important for normativism, on which he embarked shortly before Hans Kelsen’s, and with no influence from Kelsen (Weyr published his earliest book in 1908). Weyr was one of the founders and the main representative of the Czechoslovak Neo-Kantian Law School, which was composed of his former students, members of the Faculty of Law at the Tomáš Masaryk University in Brno. Members of the Czechoslovak Neo-Kantian Law School engaged in numerous polemics on key normativist issues (e.g. the nature of legal norms). F. Weyr’s work in the philosophy of law made a salient contribution to the turbulent history of Czechoslovakia, exerting an influence from the auspicious years of the independent Second Republic (1918-1938), through the period of the Czech and Moravian Protectorate under Nazi German occupation during the Second World War, to the postwar period under the Communist regime and its miserable demise in 1990. Weyr is appreciated in Czech scholarship for his achievements in the theory of law. Although he was one of the key figures associated with normativism, often compared with his colleague H. Kelsen, his work in scholarship is not well known in the Polish theory of law.

Henry Rollet. La Pologne au XXe siècle. Paris: Pedone. 1985. Pp. 604.

2004 ◽  
pp. 345-351
Author(s):  
Józef Lewandowski
Keyword(s):  
Second World War ◽  
Careful Attention ◽  
World War ◽  
Second Republic ◽  
History Of ◽  
The Subject ◽  
Second World

This chapter assesses Henry Rollet's La Pologne au XX siècle (1985). This recently published history of contemporary Poland by the outstanding French historian Henry Rollet deserves careful attention both for its grasp of the subject and its discussion concerning nationalism in general and Jewish nationalism in particular. The book consists of four chronological sections: ‘Towards Independence’ (Poland to 1918); ‘The Second Republic’ (the inter-war period); ‘Poland during the Second World War’; and ‘The “People's Democracy”.’ In the presentation of the events down to 1918, the most noticeable observation is Rollet's view that until 1876, the Poles were best off under Prussian occupation. Another statement which also provides much food for thought is that during the liberal period, voluntary, spontaneous Germanization made consistent progress.

(The End of) Communism as a Generational History: Some Thoughts on Czechoslovakia and Poland

2009 ◽  
Vol 18 (3) ◽  
pp. 303-329
Author(s):  
MARCI SHORE
Keyword(s):  
Coming Of Age ◽  
Communist Regime ◽  
Great Hope ◽  
Sense Of Time ◽  
History Of ◽  
Post War ◽  
The Moment ◽  
The Right ◽  
New Generation ◽  
Second World

AbstractThis article explores communism – including its pre-history and aftermath – as a generational history. The structure is diachronic and largely biographical. Attention is paid to the roles of milieu, the Second World War, generational cleavages and a Hegelian sense of time. Nineteen sixty-eight is a turning point, the moment when Marxism as belief was decoupled from communism as practice. The arrival of Soviet tanks in Prague meant a certain kind of end of European Marxism. It also meant the coming of age of a new generation: those born in the post-war years who were to play a large role in the opposition. The anti-communist opposition was organically connected to Marxism itself: the generation(s) of dissidents active in the 1970s and 1980s should be understood as a further chapter in the generational history of communism. Nineteen eight-nine was another moment of sharp generational rupture. The new post-communist generation, Havel's great hope, possessed the virtue of openness. Openness, however, proved a double-edged sword: as eastern Europe opened to the West, it also opened a Pandora's box. Perhaps today the most poignant generational question brought about by 1989 is not who has the right to claim authorship of the revolution, but rather who was old enough to be held responsible for the choices they made under the communist regime. There remains a division between those who have to account for their actions, and those who do not, between those who proved themselves opportunists, or cowards or heroes – and those who have clean hands by virtue of not having been tested.

The rise of legal formalism; or the defences of legal faith

Legal Studies ◽  
1983 ◽  
Vol 3 (3) ◽  
pp. 248-266 ◽  
Author(s):  
Peter Goodrich
Keyword(s):  
Social Sciences ◽  
Nineteenth Century ◽  
Universal Grammar ◽  
Normative Theory ◽  
Legal Studies ◽  
The Social ◽  
Religious Psychology ◽  
History Of ◽  
Theory Of Law

‘Just as in religion, so long as there is a religion, there must be a dogmatic theology, which cannot be replaced by any religious psychology or sociology, so, as long as there is a law, there must be a normative theory of law.’ H. KelsenIn terms of the history of the social sciences, the latter quarter of the nineteenth century was characterised in no uncertain manner by neo-Kantianism. The revival in question was aimed at rehabilitating the Kantian concept of science as a system, unified essentially by the idea of a system rather than by any more realistic or historical classification of its subject matter. The most notable and far-reaching effects of this revival were to be the constitution of the sciences of linguistics and of law. In both cases the major portion of the nineteenth century had been dominated by attacks upon the received orthodoxies of universal grammar and of exegetical legal studies, respectively, and their displacement by the uncertainties of creationist and historical methodologies.

The Strange Silence

2010 ◽  
Vol 24 (3) ◽  
pp. 408-434 ◽  
Author(s):  
Max Bergholz
Keyword(s):  
Second World War ◽  
Communist Regime ◽  
State Archive ◽  
World War ◽  
Large Numbers ◽  
War Criminals ◽  
History Of ◽  
Interethnic Violence ◽  
War Victims ◽  
Second World

Newly available documentation from the State Archive of Bosnia-Herzegovina indicates that the majority of sites where Muslim civilians were killed during the Second World War remained unmarked as late as the mid-1980s. The existing scholarship, most of which argues that Yugoslavia’s communist regime sought to “de-ethnicize” the remembrance of all of the interethnic violence of the war, has failed to notice and explain this apparent bias against Muslim civilian war victims. This article seeks to answer the question of why so many sites in Bosnia-Herzegovina where Muslim civilians were killed remained unmarked after the war. It does so through the reconstruction and analysis of the wartime and postwar history of Kulen Vakuf, a small town located in northwestern Bosnia. The analysis of the dynamics of mass killing in the region reveals that the communist-led Partisan movement absorbed large numbers of Serbian insurgents who had murdered Muslims earlier in the war. The transformation of the perpetrators of the massacres into Partisans created a postwar context in which the authorities, to avoid implicating insurgents-turned-Partisans as war criminals, and the Muslim survivors, out of fear of retribution and a desire to move on, agreed to stay silent about the killings. The end result was the absence of monuments for the victims.

scholarly journals Intellectual Nature of Law in the Basic Concepts of Understanding Law

2021 ◽  
pp. 835-843
Author(s):  
Aleksei Kosykh
Keyword(s):  
Sociology Of Law ◽  
Intellectual Activity ◽  
Legal Norms ◽  
History Of ◽  
Integral Element ◽  
Basic Concepts ◽  
Anthropological Approach ◽  
Theory Of Law ◽  
Definition Of ◽  
Historical Methods

Introduction: formation of legal norms and their transformation, creation of the legal system, specialization and sectoral differentiation of legal norms indicate constant qualitative, intellectually grounded development of law. In the article the author analyzes basic concepts of understanding law (natural, historical, psychological, normative, Marxist, of anthropological approach) in order to determine the essence (nature) of law. The study of essential foundations of law is a fundamental task not only for the theory of law and state, but also for other sciences (philosophy of law, sociology of law, history of legal doctrines). The purpose of the work is to study an intellectual nature of law on the basis of analysis of various concepts of understanding law. Methods: the author’s key conclusions and findings are based on the use of materialistic dialectics in comparative legal, sociological and historical methods. Discussions: it is noteworthy that in each concept of understanding law, intelligence (mind, reason, common sense) is considered by scientists as an integral element of the process of legal education. Conclusions: taking into account the stated above, the author proposes to consider law within the framework of an anthropological approach as a result of human intellectual activity not only by its origin, but also by its essential basis, its nature. The author puts forward the thesis that law is the result of intelligence-based thinking activity of a person and suggests the author’s definition of law.

Hitler's New Disorder

2020 ◽  
Author(s):  
Stevan Pavlowitch ◽  
Dejan Djokic
Keyword(s):  
Communist Regime ◽  
New Order ◽  
Long Time ◽  
History Of ◽  
Balkan State ◽  
To Come ◽  
The Many ◽  
Ethnic War ◽  
Kingdom Of Yugoslavia ◽  
Second World

The history of the Second World War in Yugoslavia was for a long time the preserve of the Communist regime led by Marshal Tito. It was written by those who had battled hard to come out on top of the many-sided war fought across the territory of that Balkan state after the Axis Powers had destroyed it in 1941, just before Hitler's invasion of the USSR. It was an ideological and ethnic war under occupation by rival enemy powers and armies, between many insurgents, armed bands and militias, for the survival of one group, for the elimination of another, for belief in this or that ideology, for a return to an imagined past within the Nazi New Order, or for the reconstruction of a new Yugoslavia on the side of the Allies. In fact, many wars were fought alongside, and under cover of, the Great War waged by the Allies against Hitler's New Order which, in Yugoslavia at least, turned out to be a “new disorder.” Most surviving participants have since told their stories; most archival sources are now available. This book uses them, as well as the works of historians in several languages, to understand what actually happened on the ground. The book poses more questions than it provides answers, as the author attempts a synoptic and chronological analysis of the confused yet interrelated struggles fought in 1941-5, during the short but tragic period of Hitler's failed “New Order,” over the territory that was no longer the Kingdom of Yugoslavia and not yet the Federal Peoples' Republic of Yugoslavia, but that is now definitely “former Yugoslavia.”

Apocrypha from the History of the Jewish Military Union and its Authors

2008 ◽  
pp. 147-176
Author(s):  
Dariusz Libionka
Keyword(s):  
Comparative Analysis ◽  
Critical Analysis ◽  
Communist Regime ◽  
Research Approach ◽  
Warsaw Ghetto ◽  
History Of

This article is an attempt at a critical analysis of the history of the Jewish Fighting Union (JFU) and a presentation of their authors based on documents kept in the archives of the Institute of National Remembrance in Warsaw. The author believes that an uncritical approach and such a treatment of these materials, which were generated under the communist regime and used for political purposes resulted in a perverted and lasting picture of the history of this fighting organisation of Zionists-revisionists both in Poland and Israel. The author has focused on a deconsturction of the most important and best known “testimonies regarding the Warsaw Ghetto Uprising”, the development and JFU participation in this struggle, given by Henryk Iwaƒski, WΠadysΠaw Zajdler, Tadeusz Bednarczyk and Janusz Ketling–Szemley.A comparative analysis of these materials, supplemented by important details of their war-time and postwar biographies, leaves no doubt as to the fact that they should not be analysed in terms of their historical credibility and leads one to conclude that a profound revision of research approach to JFU history is necessary.

Turning Aliens into Socialists

2010 ◽  
Vol 1 (1) ◽  
pp. 75-93
Author(s):  
Jessica Moberg
Keyword(s):  
Outer Space ◽  
The United States ◽  
Second World War ◽  
World War ◽  
History Of ◽  
Swedish History ◽  
Second World ◽  
The Universe ◽  
Highly Evolved

Immediately after the Second World War Sweden was struck by a wave of sightings of strange flying objects. In some cases these mass sightings resulted in panic, particularly after authorities failed to identify them. Decades later, these phenomena were interpreted by two members of the Swedish UFO movement, Erland Sandqvist and Gösta Rehn, as alien spaceships, or UFOs. Rehn argued that ‘[t]here is nothing so dramatic in the Swedish history of UFOs as this invasion of alien fly-things’ (Rehn 1969: 50). In this article the interpretation of such sightings proposed by these authors, namely that we are visited by extraterrestrials from outer space, is approached from the perspective of myth theory. According to this mythical theme, not only are we are not alone in the universe, but also the history of humankind has been shaped by encounters with more highly-evolved alien beings. In their modern day form, these kinds of ideas about aliens and UFOs originated in the United States. The reasoning of Sandqvist and Rehn exemplifies the localization process that took place as members of the Swedish UFO movement began to produce their own narratives about aliens and UFOs. The question I will address is: in what ways do these stories change in new contexts? Texts produced by the Swedish UFO movement are analyzed as a case study of this process.

Mau-Mau Rebels’ Doctor in Mount Kenya East Forest (1952–1960): Retrieving the Revolutionary History of Milton Munene Gachau

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Julius M. Gathogo
Keyword(s):  
National Level ◽  
Medical Doctor ◽  
Capital City ◽  
Revolutionary Movement ◽  
Armed Struggle ◽  
War Of Independence ◽  
Mau Mau ◽  
History Of ◽  
Revolutionary History ◽  
Second World

The Kenya Land and Freedom Army (KLFA), otherwise known as Mau-Mau revolutionary movement was formed after returnees of the Second World War (1939–1945) ignited the African populace to militarily fight for land and freedom (wiyathi nai thaka). John Walton’s theory of reluctant rebels informs this article theoretically, as it is indeed the political elites who inspired this armed struggle. To do this, they held several meetings in the capital city of Nairobi, drew the war structures from the national level to the sub-location level, especially in the central region of Kenya, and tasked locals with filling in the leadership vacuums that were created. In view of this, the article seeks to unveil the revolutionary history of the Mau-Mau medical Doctor, also known as Major Judge Munene Gachau (born in 1935), whose contribution in the Kenyan war of independence (1952–1960) remains unique. This uniqueness can be attested to by considering various factors. First, he is one of the few surviving leaders who joined the guerrilla forest war while he was relatively young. Normally, the Mau-Mau War Council did not encourage people below the age of 25 to join the rebels in the forest of Mt. Kenya, Aberdare Mountains and/or other places. Nor did they encourage adults past the age of 35 to join as combatants in the forest fight. Second, he is the only known Mau-Mau rebel in Kirinyaga county of Kenya to have gone back to school after the war had ended, traveled abroad, and studied up to a Masters degree level. Third, Munene Gachau belongs in the category that joined the rebels while still relatively educated and eventually got promoted to the rank of Major, upon being confirmed as the Mau-Mau Doctor.

ABCs of the Revolution

2020 ◽  
Vol 17 (3) ◽  
pp. 278-291
Author(s):  
Egor A. Yesyunin
Keyword(s):  
Civil War ◽  
Second World War ◽  
World War ◽  
Special Significance ◽  
Development History ◽  
The People ◽  
Red Army ◽  
History Of ◽  
Second World ◽  
The Revolution

The article is devoted to the satirical agitation ABCs that appeared during the Civil War, which have never previously been identified by researchers as a separate type of agitation art. The ABCs, which used to have the narrow purpose of teaching children to read and write before, became a form of agitation art in the hands of artists and writers. This was facilitated by the fact that ABCs, in contrast to primers, are less loaded with educational material and, accordingly, they have more space for illustrations. The article presents the development history of the agitation ABCs, focusing in detail on four of them: V.V. Mayakovsky’s “Soviet ABC”, D.S. Moor’s “Red Army Soldier’s ABC”, A.I. Strakhov’s “ABC of the Revolution”, and M.M. Cheremnykh’s “Anti-Religious ABC”. There is also briefly considered “Our ABC”: the “TASS Posters” created by various artists during the Second World War. The article highlights the special significance of V.V. Mayakovsky’s first agitation ABC, which later became a reference point for many artists. The authors of the first satirical ABCs of the Civil War period consciously used the traditional form of popular prints, as well as ditties and sayings, in order to create images close to the people. The article focuses on the iconographic connections between the ABCs and posters in the works of D.S. Moor and M.M. Cheremnykh, who transferred their solutions from the posters to the ABCs.

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