Freedom of Contract on Crossroads: The Struggle over the Concept of Contract Liberty in 20th Century Poland

2020 ◽  
Vol 66 (1) ◽  
pp. 34-53
Author(s):  
Mateusz Grochowski
Keyword(s):  
Intellectual History ◽  
20Th Century ◽  
Free Market ◽  
Civil Law ◽  
Contract Law ◽  
Free Market Economy ◽  
Freedom Of Contract ◽  
Political Dynamics ◽  
Precise Understanding ◽  
History Of

The text delves into the origins and theoretic premises of the concept of freedom of contract that developed in Poland throughout the 20th century. It attempts to provide a more precise understanding of the economic and political dynamics that led to creation of the quite strong laissez faire perception of contract liberty, which still seems to underpin most of the Polish discourses about contract law. In so doing, the article seeks to analyze two crucial dynamics that seem to be determinative for the current shape of freedom of contract in Poland: the direct translation of the inter-war model of contract liberty into the current civil law, as well as the rapidity and profoundness of the transformation from the centrally-steered to free market economy in the 1990s. This view on intellectual history of contract liberty is, in turn, applied to analyze frictions in transposition of EU contract law, which occur conspicuously in the Polish realities.

The Avant-Garde of System-Cybernetic Governmentality

2016 ◽  
Author(s):  
Eglė Rindzevičiūtė
Keyword(s):  
Market Economy ◽  
Systems Approach ◽  
Free Market ◽  
Self Regulation ◽  
Free Market Economy ◽  
The West ◽  
Avant Garde ◽  
History Of ◽  
Soviet Russia ◽  
Complex Question

This epilogue addresses the complex question of the link between system-cybernetic governmentality and the neoliberal transformation of post-Soviet Russia. Although the system-cybernetic governmentality and economic neoliberalism did not share institutional origins, they were linked during the post-Soviet transformation as a result of historical momentum: the members of the Soviet systems approach community were best positioned to conduct the transfer of the models of the market economy from the West at a time when neoliberal ideas on the free market economy were gaining popularity. However, this should not mean that the pre-1980 history of system-cybernetic governmentality should be tainted as neoliberal; rather, this reveals the extent to which scientific governance can be appropriated by different economic and political regimes. If anything, the pre-1980 history of system-cybernetic governmentality is a history of a rather liberal governmental technology, underscoring the conditions of autonomy, self-regulation, and government at a distance.

TIM EPKENHANS, Die iranische Moderne im Exil: Bibliographie der Zeitschrift Kave, Berlin 1916–1922, Islamwissenschaftliche Quellen und Texte aus deutschen Bibliotheken (Berlin: Klaus Schwarz, 2000). Pp. 216.

2002 ◽  
Vol 34 (1) ◽  
pp. 149-150
Author(s):  
Kamran Arjomand
Keyword(s):  
Intellectual History ◽  
20Th Century ◽  
Doctoral Dissertation ◽  
Early 20Th Century ◽  
Academic Interest ◽  
Intellectual Community ◽  
History Of ◽  
Scholarly Attention

Intellectual history of modernism in Iran has proved to be a subject of lively academic interest. The role of Iranian exiles in late 19th and early 20th century, in particular, has drawn considerable scholarly attention. In recent years, the Iranian press in exile has also become a focus of academic scrutiny. In Germany, Anja Pistor-Hatam has studied the Iranian intellectual community in Istanbul around the newspaper Akhtar (Nachrichtenblatt, Informationsbörse und Diskussionsforum: Ahtar-e Estānbūl (1876–1896)—Anstöße zur frühen persischen Moderne [Münster, 1999]) and Keivandokht Ghahari's doctoral dissertation is concerned with ideas of nationalism and modernism among Iranian intellectuals in Berlin as reflected in the journals Kâveh, Iranshahr, and Ayandeh (Nationalismus und Modernismus in Iran in der Periode zwischen dem Zerfall der Qāğāren-Dynastie und der Machtfestigung Reżā Schah [Berlin, 2001]). In this context, the bibliography of Kâveh is thus a welcomed contribution.

scholarly journals Historicism and the beginning of interdisciplinarity in the intellectual history of the 19th – early 20th century human being in time

2021 ◽  
pp. 45-60
Author(s):  
М.С. Киселева
Keyword(s):  
Social Sciences ◽  
Intellectual History ◽  
20Th Century ◽  
Early 20Th Century ◽  
Human Being ◽  
Absolute Idealism ◽  
Whole Person ◽  
History Of ◽  
History Of Culture ◽  
The University

В статье исследуется становление междисциплинарности в интеллектуальной истории XIX – начала ХХ в. Методологическим основанием историзма этого периода, соединяющего различные области исторических, филологических, социальных наук и психологии, стала идея связи человека со временем его жизни и рефлексивно со временем культуры и социума (концепт «человек во времени»). Философия абсолютного идеализма Гегеля принимала человека только как «чистую» природу, как рациональность. Показана трансформация понимания человека от «великого характера» в гегелевской философии истории к человеку времени ренессансной культуры Я. Буркхардта, сверхчеловеку будущего в философии Ф. Ницше и к целостному человеку во времени социума и культуры в науках о духе В. Дильтея. При всем различии трех концепций выявлено сходство методологических оснований в установлении связи человека со временем его жизни и историческим временем культуры и в принятии идеи человека как фундаментальной для различения эпох или типов в истории культуры. Автор считает, что Дильтей дал первый опыт философского обоснования наук о духе как междисциплинарного гуманитарного проекта, в центре которого находилась идея целостного человека времени своего «жизнеосуществления», и определил историзм как смысл гуманитарного знания в целом. The article examines the formation of interdisciplinary in intellectual history in the 19th – early 20th century. The methodological basis of the historicism of this period, which unites various areas of historical, philological, social sciences and psychology, was the idea of a person's connection with the time of his life and reflexively with the time of culture and society (the concept of “human being in time”). Historicism of the philosophy of absolute idealism by G.V.F. Hegel accepted human being only as "pure" nature, as rationality. In the 1860s at the University of Basel J. Burckhardt, F. Nietzsche and W. Dilthey developed the idea of human being in time in the history of culture, philosophy and hermeneutics. The transformation of understanding of a person is traced from a "great character" in Hegel's philosophy of history to a person of the time of the Renaissance culture developed by Burckhardt, to the Übermensch of the future in the philosophy of Nietzsche and to an integral person in the time of society and culture in the sciences of the spirit of Dilthey. The present study reveals the similarity of methodological foundations of the three concepts in establishing a connection between a person with the time of his life and the historical time of culture; and in accepting that the idea of ​​man was fundamental for distinguishing between eras or types in the history of culture. The author believes that Dilthey was the first to produce philosophical substantiation for the sciences of the spirit as the basis of an interdisciplinary humanitarian project, in the center of which is the idea of a whole person of the time of his "life-fulfillment", аnd defined historicism as the meaning of humanitarian knowledge in general.

Democratie en modernisatie : noodzaak of keuze ?

Res Publica ◽  
1989 ◽  
Vol 31 (4) ◽  
pp. 565-591
Author(s):  
Liesbet Hooghe
Keyword(s):  
Positive Relationship ◽  
Free Market ◽  
Empirical Studies ◽  
Empirical Literature ◽  
Free Market Economy ◽  
Political Regimes ◽  
Final Destination ◽  
Western Model ◽  
History Of ◽  
Theoretical Evidence

The classical "western" model of modernization assumes that economie development in the end will lead to a more uniform world of political democracies in free market economies. However, this western model turns out to be too deterministic for non-western countries.A selective review of the theoretical and empirical literature on the question learns that the western model runs into problems because it does not make a clear distinction between preconditions for political democratization and demands posed by modernization. Empirical studies show, contrary to the western model logic, that there is no direct positive relationship between economie growth and political democratization. Cultural and structural thresholds may inhibit democratization : an intolerant culture, absence of a free market economy, external influences, a history of constantly wavering political regimes. As concerns the demands posed by modernization, modern political regimes tend to develop common characteristics, one of them being the design ofmore participatory structures and procedures. But there is no theoretical evidence whatsoever of the western model being the final destination for all modernizing societies.

scholarly journals Сведения о Шихаб ад-Дине ал-Марджани в дагестанских рукописях в контексте дискуссий об иджтихаде в первой трети ХХ в.

Islamology ◽  
2019 ◽  
Vol 9 (1-2) ◽  
pp. 95
Author(s):  
Shamil Shikhaliev
Keyword(s):  
Intellectual History ◽  
20Th Century ◽  
Islamic Law ◽  
Legal Issues ◽  
Legal Tradition ◽  
Islamic World ◽  
Arabic Script ◽  
History Of

The article is devoted to the references to the Tatar scholar Shihabaddin Mardjani in the Dagestani Arabic-script manuscripts written in the first third of the 20th century. Daghestani scholars noted the important role of Mardjani and his works in the intellectual history of Islam. For this reason, they travelled to Kazan to get an acquaintance with him and copied his works. Dagestani scholars wrote reviews on his works as well as dedicated poems to Mardjani himself. Later, the name Mardjani entered the Dagestani legal tradition in the framework of debates on taqlid and ijtihad. Along with classical Arab scholars, the name of Mardjani has been often referred in Daghestani manuscripts on the theory of Muslim Law. Althoug Dagestani Muslim jurists held different views on issues of taqlid and ijtihad, each of them interpreted the ideas of Mardjani on Islamic legal issues in his own way. Regardless of their preferences in the matters of theory of Islamic law, Dagestani scholars highly valued the authority of Mardjani as a one of the major scholars in the Islamic World.

scholarly journals Alchemy and Creation in the Work of Albertus Magnus

Conatus ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 63
Author(s):  
Athanasios Rinotas
Keyword(s):  
Intellectual History ◽  
History Of Science ◽  
20Th Century ◽  
History Of ◽  
Definition Of

Albertus Magnus’ alchemy is a subject that has attracted the attention of the scholars since the early decades of the 20th century. Yet, the research that has been conducted this far is characterised by its non philosophical character. As a matter of fact, the previous studies approached Albertus’ alchemy either in terms of history of science or of intellectual history. In this paper, I focus on Albertus’ definition of alchemical transmutation that is found in his De mineralibus and I analyze it in terms of his theory of creation and of his theory of matter. Therefore, I show whether a re-creation of a metal is in accordance with Albertus’ philosophy and congruently I bring forth the Aristotle Graecus and the Aristotle Latinus that are found as background in his alchemical theory of transmutation. Ultimately this paper aims to show that the aforementioned theory is not an arbitrary statement from Albertus’ part, but the result of a serious philosophical endeavour

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

2020 ◽  
Vol 13 (3) ◽  
pp. 289-301
Author(s):  
Kamila Staudigl-Ciechowicz
Keyword(s):  
20Th Century ◽  
Central Europe ◽  
18Th Century ◽  
Civil Law ◽  
Civil Code ◽  
The Political ◽  
Political Systems ◽  
History Of ◽  
Polish Law

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.

scholarly journals Skazane na zapomnienie — prawo handlowe w PRL

2021 ◽  
Vol 43 (3) ◽  
pp. 73-87
Author(s):  
Krzysztof Kułak
Keyword(s):  
Free Market ◽  
Civil Law ◽  
Commercial Law ◽  
Economic Relations ◽  
Commercial Code ◽  
Essential Components ◽  
History Of ◽  
Polish Economy ◽  
Post War ◽  
Historical Reflection

The post-war history of Polish commercial law is not a frequent subject of interest in the literature. Historical reflection is usually limited to indicating that the civil code entering into force on 1 January 1965 and, on the same day, the repeal of the pre-war commercial code from 1934 formally ended the era of Polish private law’s duality — the coexistence of two equal branches of law: civil law, regulating common relations, and commercial law, regulating economic relations. However, it was the last symbolic chord in the history of commercial law during the communist period. In fact, it had been extinguished several years earlier and replaced by a socialist substitute in the form of economic law, intended to regulate the centrally planned, socialist trading, in which there was no space for individual economic activity. The article discusses the mechanism of dismantling commercial law in the political and economical order of the totalitarian state, which Poland became after the Second World War. This mechanism was implemented not on the normative level, by repealing the norms of commercial law, but on the factual one, by eliminating — through administrative, fiscal, and penal pressure methods — addressees of commercial law (already existing and potential entrepreneurs) and taking them away, e.g. by nationalizing the most essential components of their enterprises. In this way, the necessary (personal and property) background of commercial law was destroyed, making its norms irrelevant. Thus, commercial law was condemned to a dozen or so years of non-existence and oblivion before the legislator decided to make a formal decision, which was to repeal most provisions of the commercial code. Only those regulations remained in force that were needed by the communist authorities, e.g. to conduct foreign trade. The effects of several-decades-long systemic non-existence of commercial law are still noticeable today. Despite the systemic transformation in 1989 and the return of the Polish economy to free market rules, Polish commercial law — relegated to the role of a specialized discipline of civil law and formally distinguished only for research and teaching activities — has not yet regained its rank as an independent branch of private law.

scholarly journals Oral Contract on the Sale and Purchase Transactions in the Traditional Market of Palangka Raya City

2020 ◽  
Vol 6 (2) ◽  
pp. 173-190
Author(s):  
Muzalifah Muzalifah ◽  
Ali Sodiqin
Keyword(s):  
Qualitative Research ◽  
Local Community ◽  
Islamic Law ◽  
Civil Law ◽  
Phenomenological Approach ◽  
Contract Law ◽  
Legal Certainty ◽  
Legal Norms ◽  
Freedom Of Contract ◽  
Traditional Market

The application of an oral contract in buying and selling transactions in Palangka Raya City is a form of contract adopted from Banjar culture. Even traditional market players in Palangka Raya City, in particular, interpret the oral contract as something that is very principle, so that they consider a contract invalid if it is not stated verbally. This article explores the question of why the oral contract in buying and selling in Palangka Raya City is still being applied and how the oral contract law is in buying and selling transactions in Palangka Raya City. This research is qualitative research with a phenomenological approach. This study found that the application of oral contracts in buying and selling transactions in Palangka Raya City originated from the habits of Banjar tribe traders who trade in Palangka Raya City. This habit, then, develops into the habit of the local community, so it becomes a necessity to be implemented. The law of the oral contract in the transaction is valid in terms of Islamic law and civil law because it fulfills the requirements and is in harmony with the contract in buying and selling and is carried out voluntarily, is based on the principle of freedom of contract. There is a balance of achievement, and has legal certainty so that it binds both parties. The existence of this oral contract shows the legitimacy of legal norms, religious norms, and customary norms.

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