Ruch Prawniczy Ekonomiczny i Socjologiczny最新文献

{"title":"Symbole pamięci i prawa pamięci w Izraelu","authors":"Aleksandra Gliszczyńska-Grabias","doi":"10.14746/rpeis.2023.85.3.13","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.13","url":null,"abstract":"Zarządzanie zbiorową pamięcią i narracją na temat przeszłości stanowi element polityki historycznej większości państw świata. Polityka ta prowadzona jest za pomocą wielu instrumentów, w tym tych należących do katalogu środków prawnych, ujętych często w postać konstytucjonalizmu pamięci. W przypadku Izraela polityka pamięci ma jednak charakter szczególny. Osadzona jest bowiem wokół zbrodni Holocaustu, stanowiącej nie tylko uniwersalny symbol ostatecznego zła i ludobójstwa, lecz również kamień węgielny powstania izraelskiej państwowości. Odniesienia do Holocaustu stanowią w Izraelu także istotny wyznacznik stosunku państwa – i prawa – do palestyńskiej kolektywnej pamięci historycznej oraz prób jej regulowania. W obliczu nadal trwającego konfliktu i ten jego aspekt wydaje się zatem konieczny do rozważenia. Celem podjęcia naukowej refleksji jest w tym przypadku chęć dokonania analizy sposobów, a w szczególności sposobów prawnych, za pomocą których Izrael zbudował i nadal kształtuje swoją tożsamość oraz najbardziej kontrowersyjnych, również pod względem prawnym, metod tworzenia tej tożsamości. W artykule podjęta została próba przedstawienia roli Holocaustu w izraelskiej polityce i konstytucjonalizmie pamięci, ze szczególnym uwzględnieniem tej roli w kontekście trwałego kryzysu w stosunkach palestyńsko-izraelskich, lub szerzej, arabsko-izraelskich. Wnioski przeprowadzonej analizy skłaniają ku stwierdzeniu, że choć motywy, którymi kieruje się Izrael, prowadząc określoną politykę pamięci, pozostają w dużej mierze zrozumiałe i uzasadnione, ich realizacja następuje jednak niekiedy nie tylko z naruszeniem określonych standardów ochrony praw człowieka, lecz także ze szkodą dla i tak kruchego, czy wręcz obecnie przerwanego, procesu pokojowego.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136343243","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":"The role of ‘green’ courts in shaping environmental justice in India and New Zealand","authors":"Samanta Kowalska","doi":"10.14746/rpeis.2023.85.3.02","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.02","url":null,"abstract":"The depreciation of values, combined with the expansion of agriculture, industry and the economy, results in the erosion of existing protection mechanisms, as well as commodification and dominance of economic factors. The increasing degradation of the natural environment reveals an increasing number of areas requiring urgent and coordinated protection. The aim of the article is to present the innovative concept of green courts, which are creating a new architecture of modern environmental law. In the considerations, it is indicated that ‘green’ courts at a national level open the way to formulate new legal institutions, facilitate more effective the enforcement of environmental law, and solve legal disputes with alternative adjudicative processes. The article discusses environmental justice based on the example of India and New Zealand, which are among the first countries in the world to have developed an innovative judicial structure and environmental case law. The dogmatic method plays an essential role in the analysis of legal norms concerning the protection of environment, as well as in determining their content and scope. The source materials originate from various legal orders, and diverse cultural and geographical regions. Therefore, in order to discuss the indicated issues, it is necessary to use the comparative method, and thus complete the arguments of a dogmatic and legal nature. In order to present the origins and evolution of law in the scope concerning ‘green’ courts, the historical and legal method is used (temporal retrospection). The considerations emphasize the role of specialist ‘green’ courts in maintaining a balance between the economy, the development of society, and protecting the environmental wellbeing by shifting the focus of jurisprudence to the environmental domain. The article highlights the role of the application and interpretation of environmental norms from an ethical and intergenerational perspective.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136343247","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":"COVID-19’s re-bordering impact on the identity of the Polish-German borderland from the perspective of Polish residents: the case of the twin cities of Słubice and Gubin","authors":"Łukasz Rogowski, Maciej Frąckowiak","doi":"10.14746/rpeis.2023.85.3.09","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.09","url":null,"abstract":"One of the effects of the COVID-19 pandemic was the temporary closure of many state borders and the reintroduction of border controls. This included countries in the Schengen Area, and thus the Polish-German border. These events can be seen as an example of rebordering processes. They significantly impacted the life of Polish-German twin cities, whose functioning is based mainly on cross-border flows, mobility, and exchange. The paper aims to determine how the temporary border closure affected the Polish-German borderland identity. This is based on qualitative empirical research. The research is comparative in nature and juxtaposes statements collected before (in-depth interviews) and during (phone interviews) the pandemic. On this basis, the identity of the borderland is described in four dimensions: othering, sense of belonging, cultural landscape, and border practices and routines. This made it possible to characterize the impact of the border closure on the local community more comprehensively. Negating the border as a place of exchange, and associating it with a threat, resulted in economic decline and a sense of uprooting. This conclusion should translate into more significant consideration of the identity aspect in public policies designed to address border closures in the EU following the pandemic.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136343242","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":"The sustainable development paradigm versus land concentration processes","authors":"Mirosław Struś, Magdalena Raftowicz","doi":"10.14746/rpeis.2023.85.3.08","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.08","url":null,"abstract":"The main purpose of this article is to answer the question of whether structural changes in agriculture are consistent with the concept of sustainable development. The adopted assumption is that both agriculture and all rural areas should develop in accordance with the paradigm of sustainable development, which means there is a need to abandon the mainstream neoliberal paradigm which currently dominates the economy. The research draws on the results of the Agricultural Censuses carried out in Poland in the years 2010 and 2020. As the conducted research shows, the processes of land ownership concentration in Polish agriculture are advancing, leading to the emergence of industrial agriculture, but contradicting the paradigm of sustainable development. These processes, however, have been occurring in an uneven manner, with their scale and dynamics depending on historical determinants. The concentration processes are predominantly noticeable in western and northern Poland, whereas in south-eastern and central Poland their pace is slower. This may result in the formation of a dual model of agricultural development in Poland, in which, on the one hand, industrial agriculture will function by striving to increase competitiveness through higher productivity, and, on the other, sustainable agriculture will also develop (in south-eastern and central Poland). Avoiding such a division would require a change in the approach to agricultural policy, primarily in terms of adjusting the tools aimed at influencing agriculture to regional conditions.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136343407","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":"Environmental information disclosure: a cross-country analysis from European Union public companies","authors":"Małgorzata Janicka, Artur Sajnóg","doi":"10.14746/rpeis.2023.85.3.07","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.07","url":null,"abstract":"One of the contemporary challenges related to climate change and effectively managing raw materials is to reduce resource consumption and the negative environmental impact while simultaneously increasing the economy’s competitiveness. This requires that business entities change priorities and move to a sustainable relationship focused on ecological, economic and social well-being. Due to the transnational and global nature of the climate and the environment, actions in this area should be carried out at a supranational level. In European Union (EU) countries, successive directives are implemented regarding environmental changes and the taxonomy for non-financial reporting. This forces public companies, as large public interest units, to produce adequate quality data reporting in the ESG (Environmental, Social and Governance) area, including the environmental (E) indicator and its components. The article’s purpose is to make a comparative assessment of the current situation and to consider the prospects for environmental data disclosure by public companies listed on the regulated markets of the EU, with particular emphasis on energy consumption, water, waste production, and CO2 emissions. The Refinitiv database was used to test the quality of the environmental indicators. Public companies listed on the leading stock markets in the 27 EU Member States were included. The research period covers 2012–2021. We focus on checking how many companies report environmental data in any given year, and those that present them for at least one year, or for three, five, or ten years. The findings support the clear advantage of the quality of environmental data disclosure in the ‘old’ EU Member States (which joined before 2004) compared to the ‘new’ EU Member States. However, reporting on key environmental issues (water and energy consumption, waste production, and carbon dioxide) is very incomplete.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136343409","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":"Sources of knowledge about Brexit and the assessment of information activities undertaken by the Polish and British authorities among Poles living in the United Kingdom","authors":"Jarosław Kozak","doi":"10.14746/rpeis.2023.85.3.10","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.10","url":null,"abstract":"The background of the problem analysed in the article is Brexit and its mediatization, consisting of an attempt to shape social reality through the media. The UK’s decision to leave the EU was an important issue for Polish migrants in the UK. This community is an important research field because it is one of Europe’s largest and most active. The reason for undertaking the research was the importance of the impact of information on the decisions of individuals and the diverse policies and information activities of Polish and British authorities. The article aims to determine the sources of knowledge about Brexit and to analyse the assessment of information activities carried out by Polish and British authorities in the opinion of Poles living in the United Kingdom. A quantitative sociological study was conducted in September and October 2019 using a survey questionnaire based on a deliberately selected sample of 620 Poles living in London, Oxford and Swindon. These cities differ in terms of social structure, living conditions and standards, and the nature of the work undertaken by migrants from Poland. The procedure of comparing means (ANOVA) is used in the statistical analysis. It was found that Polish information activities were more often negatively assessed than British ones, and that both media and non-media sources of knowledge influenced this assessment.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136344877","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":"Assessments of the Polish Constitutional Tribunal performance: effects of the survey administration method","authors":"Kamil Joński, Wojciech Rogowski","doi":"10.14746/rpeis.2023.85.3.15","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.15","url":null,"abstract":"‘Legitimacy’, ‘reputation’ or ‘institutional trust’ inspired by judicial institutions constitutes an important aspect of the rule of law. Consequently, scholars developed survey-based methods to quantify ‘legitimacy’ as understood in the Weberian sense. Thereby, the survey response quality can meaningfully impact the obtained results. Moreover, one can expect, that sharpening political polarization observed in various countries could amplify such measurement problems. The goal of this paper is to examine the assessments of the Polish Constitutional Tribunal (CT) using two distinct surveys carried out in March 2022 by CBOS (Public Opinion Research Center). Both asked about the overall assessment of the CT performance, as well as electoral preferences (voting intent and preferred political party), frequency of religious practices, self-assessment of economic conditions and included a battery of standard demographic controls. Both overall assessment levels as well as individual-level determinants of the CT assessment (using probit models) had been compared. The findings document that, regardless of the survey data collection mode, controlled for demographic factors, the assessment of CT depends upon variables representing political polarization. This finding can be interpreted as an indication of its political de-legitimization. Moreover, five years after the constitutional crisis, and nearly one and a half years since the abortion verdict, over 40 per cent of respondents of the Allerhand Institute Survey admitted they ‘don’t know precisely’ the task of the CT or even ‘haven’t heard’ about it, indicating a substantial lack of knowledge. The second group of findings documents differences between CAPI and CAWI polls. According to the authors’ knowledge, it is the first attempt to examine respondent-level determinants of CT assessment, and test their sensitivity to the survey data collection mode, thereby contributing to our understanding of the Polish CT legitimacy five years after the constitutional crisis, and methodological aspects of such measurements in general.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136344880","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":"On why the Court did not want to fight smog, or several comments on the resolution of the Polish Supreme Court on the right to live in a clean environment","authors":"Agnieszka Bielska-Brodziak, Marlena Drapalska-Grochowicz, Marek Suska","doi":"10.14746/rpeis.2023.85.3.03","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.03","url":null,"abstract":"The authors analyse the 2021 ruling by the Polish Supreme Court, which refused to acknowledge the right to live in a clean environment as a personal interest. The purpose of the paper is not only to evaluate the quality of the Supreme Court’s argumentation, but also to highlight the implicit premises that were missing from the grounds of the decision. Based on these findings, the authors draw broader conclusions about the circumstances that increase the likelihood of pro-environmental (including pro-climate) court decisions and breakthroughs in interpretation. The authors use the latter term to describe the situation of challenging the previous, widely accepted interpretation of certain legal provisions, favouring a different interpretation that considers societal changes in values and beliefs. The authors evaluate the Supreme Court’s arguments and put forward the thesis that the construction of personal interests was not the primary reason for rejecting the recognition of the right to live in a clean environment as a new personal interest. The authors used two methods to search for the hidden premises of the Supreme Court’s resolution: (i) they examined the discourse supporting the rejection of the right to live in a clean environment as a personal interest, and (ii) they placed the resolution in its socio-political context. The authors identify four conditions that increase the likelihood of pro-environmental (and pro-climate) court judgments: (i) the condition of costs’ expediency, (ii) the condition of individualization of responsibility, (iii) the condition of respect for the judiciary and (iv) the condition of public support. The last two conditions apply to interpretative breakthroughs in general, regardless of the subject matter.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136343240","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":"The fading flame of hope: the climatic and environmental emergency in the eyes of Polish pupils and students","authors":"Aleksander Cywiński","doi":"10.14746/rpeis.2023.85.3.11","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.11","url":null,"abstract":"The author’s motivation for undertaking this research was his own anxieties; anxieties arising from the global ecological and environmental emergency. The aim of my research was to determine young people’s awareness of the climate emergency and their agency (possible actions) related to remedying this phenomenon. In conducting the research, a mixed quantitative and qualitative strategy was used with an online survey, thus examining the opinions of the respondents. The text analyses the answers to questions eliciting opinions on the climate and environmental emergency (a term used in one of the European Parliament’s relevant resolutions), with particular regard to the possibility of stopping the aforementioned crisis. Respondents were primary and secondary pupils, and university students. Among the conclusions, the following should be singled out: 90.3% of respondents agree that we are dealing with an ecological and environmental emergency, but only 12.5% believe that we will stop the crisis, while 29.8% do not, and 57.7% do not know. Most importantly, the analysis of young people’s statements reveals the pessimistic nature of their opinions, revealing the fading hope of remedying the emergency. In combination with the literature review, this sends an alarming message about the need to act not only to deal with the crisis but also in the field of information addressed to all social groups. In summary, there is evident fear that predictions of disaster may turn out to be self-fulfilling prophecies (as defined by Robert K. Merton). The demonstrated ability of young people to influence politicians offers us a hope that we might prevent such a disaster. For such action to succeed, it needs to take place both inside and outside of schools and universities.","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136344698","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":"The golden algorithm and the Tower of Babel versus freedom and democracy: the answer to biodiversity","authors":"Giovanni Maria Flick","doi":"10.14746/rpeis.2023.85.3.01","DOIUrl":"https://doi.org/10.14746/rpeis.2023.85.3.01","url":null,"abstract":"","PeriodicalId":34827,"journal":{"name":"Ruch Prawniczy Ekonomiczny i Socjologiczny","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136343241","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}