Studia nad Autorytaryzmem i Totalitaryzmem最新文献

{"title":"Prawnicy tylko dla Żydów. Konsulenci z okręgu Wyższego Sądu Krajowego w Katowicach","authors":"K. Graczyk","doi":"10.19195/2300-7249.45.1.3","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.3","url":null,"abstract":"The article is devoted to the issue of consultants, an institution introduced in the Third Reich to represent Jews in legal matters. Some of the Jewish lawyers excluded from the German bar became consultants. The article presents the legal regulation, the reasons for its issuance and its effects. Based on the personal files of three consultants from the district of the Higher National Court in Katowice, the procedure of admitting them and the conditions of their activity were presented. On the basis of court files, the manner in which they conducted their work in criminal cases was analyzed and assessed. \u0000A significant amount of anti-Jewish legislation was passed in Germany after Hitler seized power. Some of the newly introduced regulation also targetted lawyers of Jewish origin, whose professional activities were hindered, and eventually banned. In 1938 Jews were definitively removed from the German bar. At the same time, it was ensured that Jews would be provided with legal assistance and represented by consultants, i.e. lawyers of Jewish origin. There were clearly fewer consultants than Jewish lawyers (several in the districts in which individual higher national courts operated). Their admission was discretionary. According to sparse findings in the literature, consultants were treated adequately by the German courts and were not hindered in their access to court files, contact with clients or the possibility of submitting lawsuits. Three examined cases of consultants from the district of the Higher National Court in Katowice indicate that they enjoyed similar freedoms while performing their functions in the courts, as described in the literature. In their daily activities, however, they had to struggle with difficulties of an administrative or factual nature, which were a manifestation of discrimination and bans against Jews. Based on these three cases, it could be concluded that they were admitted to consular activity due to positive opinions among the population, the judiciary and the Gestapo, as well as their patriotic attitude during the First World War and during the Silesian Uprisings. Their exemplary professional conduct, war decorations, and even injuries sustained on the front of the Great War did not prevent the consultants from sharing the tragic fate of European Jews.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"50 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139608672","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":"Postępowania karne przed wyższymi sądami krajowymi (Oberlandesgericht) w III Rzeszy","authors":"W. Stankowski","doi":"10.19195/2300-7249.45.1.2","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.2","url":null,"abstract":"This article presents the issue of criminal proceedings before the Highers Regionals Courts of the Third Reich. The institution had its own tradition, as it had already existed prior to Hitler’s rise to power. By virtue of its powers and its territorial scope — the territory of the federal state, during the war the occupied district (Reichsgau) or the province (Provinz) — it was within the range of influence of National Socialist ideology and the totalitarian state. In the initial years of the Third Reich, and especially during the Second World War, the legal system was in constant flux. The author begins with an analysis of case law in which Poles were charged and convicted by the Higher National Court in the given district or province under occupation. Judgments against representatives of other nationalities were also analyzed on a comparative basis. The accusations, trial and sentences submitted by the prosecutor’s office are an obvious example of the lawlessness in the legal system of the Third Reich. \u0000The timespan of the article is 1933–1945, with special emphasis on the period of the Second World War. In the years leading to the war and during its course, the activities and functioning of the prosecutor’s office and the courts were carried out in accordance with the interests of the Third Reich. The rule of law was effectively abolished at that time. The article is based primarily on materials found in Polish and German archives. Case law of the People’s Tribunal was also put under scrutiny. The surviving file material on the activities of the higher national courts is not complete. The establishment of the People’s Tribunal was an illegal act, carried out in violation of the provisions of the Basic Law, the Constitution then in force. Similarly, the Third Reich subordinated to itself the judiciary, the highest national courts, whose decisions concerning crimes against the state system and its security are proof of an intent to violate the law. Trial proceedings, judgments of the higher national courts against Poles or people of other nationalities accused of crimes that endangered the security of the state, such as high treason or treason against their country, were unlawful. The lack of available trial files on the activities of the higher national courts makes it impossible to make a quantitative assessment or approximate the phenomenon of politically motivated trials. Alongside the institutional reconstruction of the judiciary in the Third Reich, changes were made to the Criminal Code and the Code of Criminal Procedure. Under the guise of protecting the state, the national community, the law became repressive and finally sanctioned lawlessness.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"10 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139609346","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":"Działalność ojców salwatorianów w Bagnie w latach pięćdziesiątych i sześćdziesiątych XX wieku w kontekście deklarowanej wolności uzewnętrzniania przekonań religijnych w Polsce Ludowej","authors":"Edyta Włodarczyk-Czech","doi":"10.19195/2300-7249.45.1.9","DOIUrl":"https://doi.org/10.19195/2300-7249.45.1.9","url":null,"abstract":"The overall approach of the communist authorities toward religious orders in the 1950s and 1960s hinged on the attempt to weave them into the socialist reality of the Polish People’s Republic. Religious orders in the PPR held considerable organizational and personal potential, which meant that they were of interest to both the Episcopate of Poland and the state authorities, and their activities were formed under the distinct influence of the relationship between the state and the Roman Catholic Church. Two periods can be distinguished on the basis of executing different policies of the communist authorities with regard to monastic orders and congregations in Poland: from 1945 to the early 1960s and from the 1960s to the end of 1989. \u0000During the first period (the so-called Stalinist era) monastic orders, much like the Roman Catholic Church, were treated as an enemy of the state. During this period, in the case of the Congregation of Salvatorian Fathers in Bagno, state repression and, at the same time, limitations on their freedom to manifest religious beliefs were enforced through administrative, legal and police measures. \u0000In the second period, the Communist authorities altered their tactics in their dealings with monastic orders. At that time, steps were taken to weaken the episcopate’s influence over monastic orders by attempting to use their autonomy to break up the unity of the Church in Poland. \u0000Up until 1964, the Salvatorian Fathers’ Higher Seminary in Bagno was frequently inspected and required to produce suitable documentation for the authorities. After that, the government made larger-scale attempts to infiltrate the monastery by building a network of secret collaborators. They took advantage of the order’s international missionary activities in particular, forcing or encouraging monks to cooperate with the State in exchange for passports and gaining permission to leave. \u0000In view of this, the policy towards the Salvatorian Fathers’ congregation in Bagno depended on the institution’s loyalty to the State, which also directly translated into its members’ greater freedom to express their religious beliefs, which in the case of this congregation meant, among other things, that they were allowed to educate clerics at the Lower and Higher Seminary and conduct their missionary activities in the spirit of Roman Catholic faith.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"34 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139608796","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":"Wybrane przejawy sowietyzacji Ukraińskiej Socjalistycznej Republiki Radzieckiej na początku lat trzydziestych XX wieku w rozpoznaniu Oddziału II Sztabu Głównego Wojska Polskiego i władz politycznych II RP — część I","authors":"T. Landmann","doi":"10.19195/2300-7249.44.4.5","DOIUrl":"https://doi.org/10.19195/2300-7249.44.4.5","url":null,"abstract":"The aim of this article is to present selected facts and tendencies proving the increasing sovietization of the Ukrainian Soviet Socialist Republic in the early 1930s. The analysis is based on archival material collected in the Józef Piłsudski Institute of America and current scientific literature. A thesis was put forward that the sovietization phenomenon of the Ukrainian Soviet Socialist Republic appeared in various forms and proved harmful to the implementation of Ukrainian national slogans in the early 1930s. The presented arguments allow to conclude that at the turn of the 1920s and the 1930s sovietization replaced the earlier policy of Ukrainization in the Ukrainian Soviet Socialist Republic. The sovietization tendencies were reflected in economic reforms (especially in agriculture and industry), political and administrative transformation, or changes in the spirit of socialist society. The sovietization of the Ukrainian Soviet Socialist Republic, as an important postulate implemented by the communist authorities, was one of the forms of opposition to nationalist slogans that indicated the need for reconstruction of Ukraine independent of the Soviet Union.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116335199","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":"Budowa systemu ograniczonego pluralizmu politycznego w ramach fundamentów ustrojowych narodowej Hiszpanii w okresie wojny domowej","authors":"Oliwier Nowak","doi":"10.19195/2300-7249.44.4.7","DOIUrl":"https://doi.org/10.19195/2300-7249.44.4.7","url":null,"abstract":"In this article the author aims to present the process of building a limited political pluralism system within the basic political institutions of Francoist Spain during the civil war of 1936–1939. Primarily, the author outlines the political structure of the national camp during the first months of the civil war. Subsequently, the basic normative acts constituting the foundations of the political system of the Spanish national institutions were presented, together with the description of the established institutions’ factual operation. These were the central administration bodies, i.e. State Technical Council (Junta Técnica del Estado) from October 1, 1936 to January 30, 1938, and then the government of Spain. The latter organ, apart from the basic function of the administrative apparatus, was a center for bringing together the representatives of the licensed political movements of the national camp and for the clashing of their programs. In addition, the process of political unification in the form of the Traditionalist Spanish Phalanx and that of the Councils of the National Syndicalist Offensive (Falange Española Tradicionalista y de las Juntas de Ofensiva Nacional Sindicalista; FET y de las JONS), an organization resembling a monoparty, founded on the program and tradition of the pre-war Spanish Phalanx, which was enriched and redefined by other political circles participating in the movement, is presented. Ultimately, the paper presents the ideological sources of the Spanish limited political pluralism model, pointing to the tradition of Carlism thought, Phalangism and the Acción Española movement. The conclusion resulting from the analysis is that the model adopted in Spain during the Civil War, which ensures, always limited, but still significant political pluralism within the ruling camp, resembles authoritarian rather than totalitarian solutions.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114757807","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":"Wrocławski okres w życiu naukowo-dydaktycznym profesora Jana Gwiazdomorskiego jako przejaw opresji Ministerstwa Oświaty","authors":"Tomasz Dolata","doi":"10.19195/2300-7249.44.4.8","DOIUrl":"https://doi.org/10.19195/2300-7249.44.4.8","url":null,"abstract":"The end of World War II tore Poland from one totalitarianism (Nazism) and pushed it into the clutches of another, equally dangerous — communism. The new order and the new ideology took over Polish reality in its entirety. Unfortunately, this also applied to science and broadly understood university life. The new authorities regulated the personnel policy almost at whim, removing from the university space those individuals considered dangerous and defiant towards the socialist system. Another, milder manifestation of disciplining scholars who did not agree to the introduction of Marxism at universities was the forced transfer of professors to other universities, sometimes hundreds of kilometers away. \u0000The article concerns one of the most outstanding Polish lawyers of the 20th century — Prof. Jan Gwiazdomorski, and more specifically, his official relocation from the Jagiellonian University to work at the University of Wrocław. This transfer was a form of repression applied by the authorities to the scholar who did not identify himself with the new, post-war Polish political system. On the other hand, the transfer weakened the scientific community of the Jagiellonian University, which also did not hold favorable views towards socialist reality. \u0000The article presents hitherto unknown information relating to the Wrocław period in the scientific and didactic career of this luminary of Polish civil law. The source basis of the work are archival materials — a query of Jan Gwiazdomarski’s personal files and minutes of the Faculty Councils located in the Archives of the University of Wrocław. The author, referring to the discussed phenomenon, uses a historical and retrospective approach (he examines the problem from a present-day perspective) and indicates the legal grounds for transferring the scholar to the University of Wrocław.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124440098","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":"Absolutyzacja woli ludu jako źródło degeneracji ustroju demokratycznego","authors":"P. Kimla","doi":"10.19195/2300-7249.44.4.2","DOIUrl":"https://doi.org/10.19195/2300-7249.44.4.2","url":null,"abstract":"The aim of the article is to outline the distinction between the nomocratic and the voluntarist version of democracy. Based of the findings of classical political philosophy, I strive to show that democracy can also turn into tyranny, the basic feature of which is the instability of the law. The main issue I am considering is the question of how to limit the will of the people without placing any other will above people’s will. In the past, this was achieved by depoliticizing the people. Today, however, this path seems closed due to, among other things, the constant pressure on the people to take a stand. The people are convinced by party leaders that they are a many-headed monarch and that their will is above the law. This creates the conditions for the emergence and functioning of a voluntarist democracy, which is a tyranny of the majority. Thus, the prospects for the development of a nomocratic democracy, in which the people are seen as guardians of law, are not bright.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132436611","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":"W poszukiwaniu demokratycznych wzorców: rola tradycji armii pruskiej w etosie Bundeswehry","authors":"Jacek Jędrysiak","doi":"10.19195/2300-7249.44.4.6","DOIUrl":"https://doi.org/10.19195/2300-7249.44.4.6","url":null,"abstract":"The German military past is a challenging research area, and one rife with significant problems stemming from social perceptions of this historically charged issue. Although full of notable commanders and brilliant victories, it is also burdened with the baggage of the Wehrmacht crimes, and since the unification also the ballast of the GDR army. This problem has been obvious since the establishment of the Bundeswehr in 1955 and found its outlet in the next so-called Traditionserlass. The main purpose of those documents, adopted in 1965, 1982 and 2018, was to cut off the Wehrmacht tradition. Under the first two regulations, this was only partially achieved, and the infiltration of the armed forces by officers with neo-Nazi views discovered in the barracks in Illkrich prompted Minister Ursula von der Leyen to take radical steps in 2017. In the course of the initiated procedure, compliance with the values of the modern democratic Bundeswehr, including preserving the traditions from the German military past (including the Prussian period), came under particular scrutiny. The course of the debate showed ambiguity in the perception of this tradition and problems with its potential use in the ranks of German armed forces. The purpose of the article is to present the role and importance of subsequent Traditionserlass and to discuss in detail the course of the debate on the relevance of the Prussian military tradition for the modern Bundeswehr. According to the author, the views presented by the participants of the debate are based on insuffi ciently detailed research on this sphere, which is still rooted in the findings from before the end of World War II. This may lead to erroneous conclusions, which most likely in a difficult to predict perspective may result in the need to adopt a new regulation in this matter. The debate held in Germany and the solutions implemented during its course may constitute an interesting clue for attempts to discuss the tradition of the Polish Army.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125372596","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":"Political thought of the Third Position: Analysis in the context of Eternal Fascism according to Umberto Eco","authors":"Paweł Malendowicz","doi":"10.19195/2300-7249.44.4.1","DOIUrl":"https://doi.org/10.19195/2300-7249.44.4.1","url":null,"abstract":"The Third Position is one of the marginal currents in contemporary political thought. This current was represented by the International Third Position established in 1989. The values, concepts and arguments for the annihilation of parliamentary democracies and forms of contemporary international relations put forward by this organization raise the question: is the political thought of the Third Position (represented by the International Third Position) a fascist one? In the present article the author has formulated a hypothesis, according to which the political thought of the International Third Position is an ideology that meets the defi nition criteria of fascism. To verify it, the author used the theoretical framework presented in a lecture by the Italian writer and intellectual Umberto Eco (1932–2016) delivered in 1995 at Columbia University. The main method of verifying the hypothesis was a critical analysis of the elements of political thought of the International Third Position and comparing it with the features (symptoms) of fascism formulated by Eco. The source material for the analysis include documents of the International Third Position, as well as documents of political parties and organizations that make up the ITP from Italy and Poland. An important source were the ideological and journalistic texts written by the leaders of this movement from the UK, Poland and Italy. In the article, each of the fourteen features of fascism proposed by Umberto Eco was analyzed in the context of the thought of the Third Position. The research hypothesis has been positively verified. The political thought of the Third Position does indeed meet the defi nition criteria of fascism.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"288 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117289179","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":"Niemieccy myśliciele w Polsce. O działalności naukowej i translatorskiej Elżbiety Paczkowskiej-Łagowskiej wspomnienie pośmiertne","authors":"Anna Citkowska-Kimla","doi":"10.19195/2300-7249.44.4.10","DOIUrl":"https://doi.org/10.19195/2300-7249.44.4.10","url":null,"abstract":"In this analysis my aim is to highlight the achievements of Elżbieta Paczkowska-Łagowska in the study of German ideas. A secondary aim of the consideration is to demonstrate that it is to Elżbieta Paczkowska-Łagowska that we in Poland owe the knowledge of some German names which, although important for the doctrinal map of the world, would not be known in Poland if it were not for her work. Out of the enormous number of publications by the industrious researcher and translator of the works German thinkers, two figures have been selected to show the broad spectrum of Elżbieta Paczkowska-Łagowska’s scientific research and to highlight her exceptional contribution to the introduction of German philosophers, thinkers or essayists into the scope of interest of Polish science. These include Helmuth Plessner, the founder of political anthropology, and Golo Mann, a historian and political scientist. Both thinkers would not be known in Poland if it were not for the translating and scientific efforts of Paczkowska-Łagowska. The choice of these two German scholars was dictated by the symbolic illustration of the main research of the author of The Logos of Life, the essence of which is the study of man and history.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133255713","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}