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A Companionship of Fear: Non-Human Companions and the Uses of Terror in the Exeter Book’s Guthlac A
No full textThe Exeter Book’s Guthlac A abounds in emotions and tensions manifested in the intensely charged debates between the saint and his demonic assailants. While confrontations with demons are staple components of saints’ lives, which, by definition, are centred on extolling saintly virtues, the one emotional state that appears to dominate the exchanges, particularly in Guthlac A, is fear with its derivatives of anxiety and dread. The poem engages this emotion in its narrative, dramatic, and didactic confrontations between its opponents. Their outcomes lead to the celestially and wisdom-oriented timor Dei, “fear of God”, and to the hellish incitement of the bodily fear leading to the terrifying death of the soul. Both fears are engrained and explained in exegetical tradition (in Augustine’s De doctrina christiana and Gregory the Great’s Moralia in Iob). In Old English contexts, they are employed in Ælfric’s homilies (notably in Be ðam seofanfealdan ungifa and Lazarus I). Relying on the above, I aim to present the poem’s types of fear as forms of reciprocal engagement and as a specific form of companionship, whereby mutual acts of terrorizing the opponent lead to a paradoxical emotional gift-giving offered both to and by Guthlac and the demons. The two parties display a considerable degree of dependency on one another and engage in a perverse practice of emotional gift-giving. In an almost apophatic way, the shifting of attention from the saint’s figure towards the devilish side of the argument delineates Guthlac’s steadfastness, courage and humility towards God, all stemming from Guthlac’s timor Dei. Thus, it is the demons that paradoxically assist Guthlac in his passage towards sainthood. This, as I attempt to prove, is due to their mutual experience of fear and to the choice of fear as not just a confrontative mechanism but an active way of searching for divine wisdom.
Prawo do umierania w spokoju i godności jako instrument ochrony prawnej pacjenta przed praktykami charakterystycznymi dla systemów totalitarnych i autorytarnych
No full textThe article is devoted to the problem of the collision of legal norms regulating the patient’s rights: to die in peace and dignity, to consent to the provision of health services, and to receive pain relief. The analysis is specifically focused on the provisions of the Act on Patient Rights and the Ombudsman for Patients’ Rights, and supplementary on the relevant sets of deontological standards. Considerations regarding to contemporary legislation are preceded by historical remarks relating to the patient’s situation in totalitarian and authoritarian systems, based on the examples of the Third Reich and the Polish People’s Republic. The study assumes that current Polish civil law provide special legal protection for the autonomy of a person close to death—unlike previous legal systems. The results of the linguistic and systemic interpretation as well as conflict of laws directives led to the formulation of the thesis that the right to die in peace and dignity, the right to pain relief and the right to the presence of a close person when providing health services are elements of the patient’s right to respect for his dignity and intimacy. It was inferred from this that the treatment of pain in the terminal phase of the disease is governed by specific rules as regards the patient’s ability to give binding consent or objection to medical measures. This conclusion was also supported by arguments of a functional nature. Taking it into account also led to the conclusion that legal treatment of pain in a dying patient requires his consent, provided that he has sufficient discernment (regardless of age and possible incapacitation). The same reasons allowed for the recognition that declarations of will made by a dying patient for the future regarding the method of treating his pain have legal force. Detailed considerations led to the conclusion that what remains to be discussed is not the direction of interpretation according to which the patient in the last period of life has an extended scope of autonomy, but the degree of this extension, because a democratic state ruled by law should not allow the patient to be objectified, even for medical reasons, in a manner reminiscent of the dehumanization of human beings in totalitarian and authoritarian systems
Augustyńskie źródło doktryny decyzjonizmu. Wokół interpretacji Carla Schmitta przez Adama Wielomskiego
No full textThe author of this review article examines the relationship between Augustinian thought and Carl Schmitt’s doctrine of decisionism in light of Adam Wielomski’s reflections, exploring their connections in the context of the rejection of natural law and the concept of voluntarism, while also identifying Augustinian thought as a source of decisionism. The central question concerns how the rejection of natural law and the acceptance of voluntarism in Augustinian thought influenced the formation of Schmitt’s decisionism as a doctrine emphasizing the primacy of political decisions over legal norms in times of state crisis. The research methodology is based on an analysis of primary texts, including Schmitt’s works as well as writings representing Augustinian thought, interpreted through the lens of Adam Wielomski’s insights. The rejection of natural law in Augustinian thought allows for the interpretation of state power and law in the context of divine will, emphasizing God’s absolute sovereignty. By interpreting Carl Schmitt’s political philosophy alongside the presented Augustinian concepts, the article highlights key commonalities between decisionism and Augustinian thought, illustrating their deep philosophical foundations. This analysis underscores how the rejection of natural law leads to a concept of voluntarism, in which the ruling authority transcends natural justice, acting according to its own vision—an idea reflected in Schmitt’s thought. At the same time, the article aims to present the problem of Augustinianism against the backdrop of the views of St. Augustine, John Duns Scotus, and William of Ockham, and to verify the classification of their beliefs on divine omnipotence in relation to the secularized concept of Carl Schmitt’s decisionism as proposed by Adam Wielomski
Regulacja wpływu nadzwyczajnej zmiany okoliczności na zobowiązania w latach 1965–1990 jako przykład uprzywilejowania podmiotów z sektora uspołecznionego w państwie autorytarnym
No full textAfter World War II, regulations were introduced that resulted in special treatment for entities of the socialized economy and transactions involving them. The Civil Code, which came into effect on January 1, 1965, did not introduce a general regulation concerning the impact of changes in circumstances on the performance of obligations, known from Article 269 of the Code of Obligations, thereby deliberately omitting the rebus sic stantibus clause. Entities of the socialized economy could benefit from a specific equivalent of the rebus sic stantibus clause in the command-distributive economy– a general clause included in Article 386 of the Civil Code. Based on the analysis of the regulations in force at the time, the views of the doctrine, and the case law, it can be stated that the clause of extraordinary change of circumstances in socialized trade was intended to support the realization of the overarching goal of contracts, i.e., to serve the development of the national economy for the benefit of the entire society, and did not aim to protect the interests of one of the parties to the contract. Article 386 of the Civil Code concerned the obligation to cooperate in concluding, performing, modifying, and terminating contracts. The practice of applying the Civil Code showed the lack of justification for the arguments cited as a reason for omitting the rebus sic stantibus clause in the Code and for the special treatment of entities of the socialized economy
Antydemokratyzm i antyparlamentaryzm. Wybrane zagadnienia problemowe
No full textThe position of democracy, especially liberal democracy, seems unquestionable in contemporary political and legal discourse. It is widely considered to be the best systemic solution, as well as the ideal that should be strived for at present. Although the phenomenon of liberal democracy does not indicate the end of history, the continuing relevance of this form encourages researchers to undertake various scientific analyses. On the one hand, there have been well-known studies showing the advantages and historical validity of liberal democracy, on the other hand, increasingly frequent and bold investigations are being conducted, in which the existence of certain flaws of this system are emphasized. In this respect, the conviction about the ineffectiveness of liberal democracy and the parliamentary system is particularly noteworthy, contributing to the crisis instead of maintaining a stable social order and casting doubt on the idea of majority rule. However, this article is devoted not only to the issue of liberal democracy, but more broadly, to specific problematic issues taken up by critics of democracy and parliamentarism. In the analysis of anti-democratism and anti-parliamentarism, the analyses made by Jacek Bartyzel, Erik von Kuehnelt-Leddihn and Jean Madiran were used in particular. The perspective of Jacob L.Talmon, who subjected liberal democracy and totalitarian democracy to a thorough analysis, skillfully characterizing and differentiating them, was also considered interesting
Upadek idei spółdzielczości mieszkaniowej w Polsce w okresie 1945–1989
No full textCurrently, in Poland, cooperatives, including housing cooperatives, remain an underappreciated form of social governance and the social economy. This is primarily due to the widespread use of this organizational form by the communist authorities of the previous regime. This is primarily the result of the widespread use of this organizational form by the communist authorities of the former political system. Due to the changes that have taken place within the Polish cooperative movement, the background for these considerations is the general history of this social movement, with particular emphasis on Poland, as well as the relevant Polish legal regulations. Additionally, the article presents the fundamental principles that have guided cooperativism unchanged since its inception, and the four pillars of cooperative governance, which although only identified and described in 2014—have been inseparably linked with the effective management of cooperatives from the very beginning. The reference to Polish legal solutions from the communist period, along with the actual practices of the communist authorities, in relation to the principles and pillars of cooperative governance, made it possible to justify the thesis posed in the title of this study. The distortion and, as a result, the decline of the idea of cooperativism in Poland stemmed from the widespread application of this organizational form by the communist authorities between 1945 and 1989 based on principles that significantly diverged from those applied in genuine cooperative organizations.
The research method used in this study involves a review of the literature in the fields of legal studies, organizational and management sciences, economics and history, as only an interdis-ciplinary approach enables a comprehensive explanation of the topic. Furthermore, the article is based on legal analysis and participant observation a method used in organizational and management sciences which was conducted in relation to one of the housing cooperatives in Wroclaw
Stracone biografie. Los ukraińskich elit adwokackich podczas pierwszej okupacji sowieckiej Ukrainy Zachodniej (wrzesień 1939–czerwiec 1941) w świetle pamiętnikarskiej relacji Miłeny Rudnyckiej
No full textThe article analyzes the fate of Ukrainian attorney elites in Eastern Galicia during the first Soviet occupation (September 1939–June 1941), based on Mylena Rudnytska’s memoirs contained in the collection of Ukrainian ego-documents entitled Zakhidna Ukraina pid bolshevykamy. IX 1939–VI 1941, Nyu York, 1958, edited by her. The centre of scientific attention is the list of 78 attorneys— citizens of the Second Polish Republic—who fell victim to NKVD terror. The author of the article reconstructs “the lost biographies” based on declassified NKVD files, Ukrainian Katyn List, Polish and Ukrainian biographical sources, as well as the literature of memory. The paper shows the scale of repressions against the Ukrainian bar association, its meaning in the political and social life of the Second Polish Republic and dramatical consequences of the Soviet elite elimination politics. The research method involves critical analysis of the archival sources, comparison of data from the NKVD documents and witnesses’ reports, and library query in Polish and Ukrainian resources
Tolerate or repress anti-democratic parties? Factors shaping instruments of democratic defence
No full textThere is no single correct answer as to how states should respond to actors who undermine democratic values. Research to date indicates that the approach to defending democracy in a given country is shaped by a combination of various systemic, political and cultural factors. However, it is still unclear which factors are the decisive variables shaping a tolerant or repressive approach to anti-democratic parties, and what are the reasons for changes in this approach in a specific historical, political and institutional context. The lack of clear answers calls for further research. This article analyses the process of shaping and changing legal regulations towards anti-democratic parties in Poland. The study focuses on three factors: historical experiences, the democratisation process and political motivations, the importance of which is widely discussed in the literature. The study proved that the challenges of democratisation and historical experiences have, to some extent, shaped both a tolerant and repressive approach to anti-democratic parties in Poland. However, it was political motivations, and in particular the pursuit of compromise, that were decisive in adopting a particular approach and changing it over the years. The study also indicated that individual factors are interrelated and mutually reinforcing. The article uses content analysis of parliamentary debate transcripts and legal acts, as well as analysis of published materials
Alienacja prawa w społeczeństwie jako argument na rzecz uspołecznienia kultury prawnej. Kilka uwag z perspektywy koncepcji prawa żywego Eugena Ehrlicha
No full textIn this article, I argue that the alienation of law in society is an argument in favor of the socialization of legal culture. To justify this, I first present the alienation of law as a discrepancy between the legal understanding of law and its social experience in everyday life. In order to explain this problem, I refer to the three types of law distinguished by Eugen Ehrlich: state law, juristic law, and social law. In light of these, I demonstrate that law is not only decision-making norms addressed to judges, lawyers, and officials, but also rules of conduct in social practices that create the social dimensions of law. In presenting them, I present approaches to legal culture as: a)asocial fact, b) a value, c) a research approach. On this basis, I derive arguments in favor of the socialization of legal culture. An argument in favour of such a concept of legal culture is likewise the strengthening of civil society as an important safeguard against autocratic rule.
The interpretative and adaptive approach I take in this article, referring to the findings of E. Ehrlich, is visible at the analytical level, as I use research tools such as the distinction between decision-making norms and rules of conduct, as well as at the conceptual and subject-matter level, in the form of an appreciation of the social dimensions of law. All this justifies the subtitle of the article