{"title":"Udział prokuratora w procesie cywilnym w okresie stalinizmu (1945–1956)","authors":"Łukasz Błaszczak","doi":"10.19195/2300-7249.45.2.14","DOIUrl":"https://doi.org/10.19195/2300-7249.45.2.14","url":null,"abstract":"","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"18 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141341361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Socjalistyczna gospodarka mieszkaniowa jako zadanie administracji państwowej w okresie Polski Ludowej","authors":"Dominika Cendrowicz","doi":"10.19195/2300-7249.45.2.15","DOIUrl":"https://doi.org/10.19195/2300-7249.45.2.15","url":null,"abstract":"","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"33 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141341546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Roman Rybarski wobec działań politycznych obozu sanacyjnego w latach 1930–1939 w świetle wystąpień sejmowych i publicystyki","authors":"Damian Zychowicz","doi":"10.19195/2300-7249.45.2.8","DOIUrl":"https://doi.org/10.19195/2300-7249.45.2.8","url":null,"abstract":"Roman Rybarski was one of the leading representatives of the National Party in the Second Polish Republic. As a supporter of parliamentary democracy and a political opponent of the Pił-sudskiites, he was critical of the actions of the Sanation camp. Rybarski expressed his criticism in the press and at the parliamentary from the floor of the Sejm. The aim of this article is to present this criticism in the period from the Brest events (1930) to 1939, and to assess whether Roman Ry-barski’s concerns about the totalitarianisation of Poland were justified. The work will be based on parliamentary transcripts of Rybarski’s speeches and his journalism.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"57 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141342233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Konstytucyjna ochrona godności jako reakcja na przeszłość totalitarną i zabezpieczenie demokracji w przyszłości","authors":"Robert Stefanicki","doi":"10.19195/2300-7249.45.2.2","DOIUrl":"https://doi.org/10.19195/2300-7249.45.2.2","url":null,"abstract":"","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"56 29","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141339558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Charakterystyka prawa totalitarnego i posttotalitarnego Adama Podgóreckiego","authors":"Agata Przylepa-Lewak","doi":"10.19195/2300-7249.45.2.9","DOIUrl":"https://doi.org/10.19195/2300-7249.45.2.9","url":null,"abstract":"The purpose of this article is to reconstruct the concept of totalitarian and post-totalitarian law as laid down by a great pioneer and populariser of the sociology of law, one of the finest sociolo-gists of the twentieth century — Adam Podgórecki. This task is to be achieved primarily through the analysis of his works. However, the significance of the historical method cannot be dismissed in these considerations since the so-called “historical background of the period” related to the subjects taken up by Podgórecki bears significance for the characteristics he described. Undoubtedly, as he was an inquisitive researcher of the operation of law in social reality, and their mutual relationships — which he was famous for not only in Poland but also on the international arena — it is worth returning to his concept of these “phenomenal” phenomena, i.e., totalitarian law and post-totalitarian law. The researcher emphasized that in the 20th century, even in societies that were not directly affected by totalitarianism, its indirect impact can be observed. Also, he explained that it was necessary and important to study totalitarian social engineering, its roots, and consequences, because of the inherent threat of the re-emergence of totalitarian and post-totalitarian societies in the future. Law, according to Adam Podgórecki","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"5 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141343080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rasowa interpretacja dziejów Alfreda Rosenberga","authors":"A. Wielomski","doi":"10.19195/2300-7249.45.1.4","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.4","url":null,"abstract":"One of principal aims of Alfred Rosenberg’s theory of political myth was the creation of a racial interpretation of History. It was a very important issue for National Socialism, as the movement presented itself as leading force opposing Marxism and Leninism. The great strength of communist propaganda lies in its overarching teleological vision of the world, especially Marx’s singular interpretation of the aim of history as great process of human emancipation from class society to communism, which is seen as the end point of history. It was Rosenberg’s understanding that National Socialism, as the great adversary of Marxism, must produce an alternative vision of the sense and goals of history. Rosenberg himself authored one such alternative vision. His meaning of history is a great discourse of the chronology of races struggles. It’s a perpetual war between the Nordic and Semitic races, which encompassed the fabled fall of Atlantis, Antiquity, birth of Christianity, the Middle Ages, the Reformation, the French Revolution, and the beginning of the final war between Marxism and Nazism. This article is an attempt at presenting this vision, with a brief analysis and evaluation of his scientific value. ","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"84 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139606192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Zlecanie wykonywania funkcji administracji państwowej organizacjom społecznym jako forma uspołecznienia działalności państwa socjalistycznego. Wybrane przykłady","authors":"Jolanta Blicharz","doi":"10.19195/2300-7249.45.1.8","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.8","url":null,"abstract":"Commissioning certain state functions — which consist in transferring the competences held by the state administration to non-state actors (e.g. social organizations) while allowing them to exercise some means of governance while performing said functions — was common practice in socialist states. This led to a shift in the social and political position of organizations of that kind, which in turn strengthened the policital base of a socialist society and ensured the further development of socialist democracy. ","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"83 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139606369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Auschwitz przed sądem — jurystyczny akt ostatni","authors":"W. Kulesza, J. Kulesza","doi":"10.19195/2300-7249.45.1.1","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.1","url":null,"abstract":"The aim of the article is to briefly summarize the evolution of the approach of the German judiciary to the prosecution of the perpetrators directly involved in the extermination of Jews, primarily in the Auschwitz-Birkenau and Sobibór camps. Initially proposed by Fritz Bauer, the model of responsibility for aiding extermination by everyone belonging to the camp staff (the so-called Bauer formula) was immediately rejected by the judiciary, which, together with the dogma of criminal law and the legislator (the Dreher Act), dealt with searching for such interpretations and legal solutions which made it possible not to bring charges against any of the members of the death camp staff . This approach was abandoned only in three judgments, against Ivan Demianiuk in 2011, Oskar Gröning in 2015 and Reinhold Hanning in 2016. In opposition to the original approach of the German judiciary, the position of the Polish judicature remains as presented in the process of the Auschwitz-Birkenau camp in 1947. The model of responsibility adopted at that time is still valid, both in terms of the legal foundations still in force (the so-called August decree) and in terms of the dogmatic model of assessing complicity to genocide.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"42 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139608606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sektor prywatny w państwie totalitarnym — funkcjonowanie rzemiosła w Polsce w latach 1945–1956","authors":"Mirosław Struś, Emilia Konopska-Struś","doi":"10.19195/2300-7249.45.1.7","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.7","url":null,"abstract":"After 1945, Poland found itself in the Soviet sphere of influence, which resulted in the implementation of a totalitarian state system. This process had certain economic ramifications. Among them was a gradual shift from a capitalist system to a command and distribution economy. This process was closely linked to the nationalization of private enterprise. However, private property was not completely eliminated. Despite the fact that it was subject to restrictions, it perservered. One of the areas in which its functioning was possible was craft. The article aims to address the reasons for which the private sector was not entirely liquidated, even though its presence went against the socialist principles and core values of the state. How did it manage to survive and function in the conditions of a totalitarian country? The research covers the years 1945–1956, that is the period of molding, strengthening and peak of the totalitarian phase of state. The year 1956 was something of a breakthrough. The Stalinist era was ending, and thus the specter of a complete nationalization of the economy. \u0000The research shows that the authorities had initially tried to recruit craftsmen, and therefore did not emphasize the demands of the nationalization of the workshops. Craft benefited from the short period of post-war prosperity until the year 1947. After that it contracted, which was related to the tightening of the government’s policy towards private property. This was a consequence of the increasing pressure of the USSR to unify economic systems in the socialist countries. However, it should be emphasized that authorities in the economic sphere prioritized the accelerated industrialization of the country and the development of heavy industry. Therefore, craft was tolerated, especially services deemed pertinent to fulfilling the needs of the society. This situation lasted until the year 1956. The importance of craft was emphasized by the representatives of the Democratic Party, but their actual influence on the economic policy of the state was limited. \u0000In summary, it can be stated that the survival of craft was determined by the pragmatism of the authorities, who were willing to tolerate a weak private sector (controlled and under surveillance) while it provided scarce goods and thus reduced social tensions. In addition to that, the government’s priority was the development of heavy industry, which was at the center of the state’s attention. Nevertheless, it cannot be ruled out that if it had not been for the changes that took place after the year 1956, the private sector would have been finally liquidated.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"17 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139607196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dyskurs strukturalnej konieczności jako czynnik totalitaryzacji polityki i prawa. Efekt cieplarniany i pandemia COVID-19 jako polityczne „hybrydy”","authors":"Arkadiusz Barut","doi":"10.19195/2300-7249.45.1.6","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.6","url":null,"abstract":"This article discusses the contemporary discourse of justifying the abandonment of the protection of rights by a higher necessity, which is presented as resulting both from the indications of science and from the structural features of modern society. Such ideas are proclaimed, among others, on the occasion of the phenomena referred to as the COVID-19 pandemic and the greenhouse effect and climate crisis, and are in turn addressed by institutional and political actions. The aim of the article is to analyze this discourse and its effects on the way of understanding politics and law, and in particular the totalitarian tendencies it generates. The author adopts a hermeneutical perspective as a methodological starting point and refers to a certain understanding of politics and law as based on practical reason, which is established in the Western philosophical tradition. This then serves to outline an ideal type of discourse of structural necessity as a rejection of this type of rationality. In doing so, the author refers to the interpretation of commonly known ideological tendencies and institutional facts. The presentation of the less obvious feature of this discourse, i.e. the identification of natural and political necessity, is supported by the author with references to contemporary philosophical and political concepts dealing with the relationship between the social and natural spheres. The conclusion is that this discourse eliminates the idea of the subject, politics understood as the sphere of manifestation of subjectivity, law as an art based on practical rationality, and finally the separation of science and power.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"15 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139608026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}