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Tytuł:
Stosowanie środków specjalnych – nadzoru ochronnego i ośrodka przystosowania społecznego – wobec recydywistów skazanych w warunkach art. 60 k.k.
Employment of special measures (protective supervision and social readaptation centre) towards recidivists coming under art. 60 of the Penal Code
Autorzy:
Rzeplińska, Irena
Szamota, Barbara
Powiązania:
https://bibliotekanauki.pl/articles/699046.pdf
Data publikacji:
1982
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
recydywista
środki specjalne
nadzór ochronny
przystosowanie społeczne
sąd penitencjarny
przestępczość
zwolnienie warunkowe
pozbawienie wolności
kara
recidivist
special measures
protective supervision
social adaptation
penitentiary court
criminality
parole
deprivation of liberty
penalty
Opis:
The Penal Code of 1969 introduced in Chapter VIII a complex of regulations defining the criminal liability tfor offences committed in the conditions of special recidivism. Two categories of special recidivism were introduced: basic recidivism (Art. 60 § 1 of the Penal Code) and multiple recidivism (Art. 60 § 2 of the Penal Code). To assume the first category, the following criteria are required: 1) commission of an intentional offence similar to the previous one, 2) execution of at least 6 months of imprisonment, 3) commission of a new offence within 5 years after discharge from prison. To impute the offender the commission of an offence coming under the second category of recidivism, the following conditions are necessary: 1) conviction for at least the fourth time, in this twice under the conditions of basic special recidivism, 2) repeated commision of an intentional offence to profit financially or of hooligan character, 3) total imprisonment of at least one year, 4) commission of a new offence within 5 years after the last imprisonment. For each of those two categories of recidivism, the principles of aggravated criminal liability are fixed by the Code, and they refer to less - serious - offences only. Towards persons coming under Art. 60 § 1 and 2, imprisonment within the raised limits is adjudicated. Towards such persons, absolute suppression of suspension of the execution of penalty was formulated. The strictness of these regulations is partly diminished by Art. 61 of the Penal Code, which created the possibility to depart from the aggravation of penalty as expressed in Art. 60, in "particularly justified cases, when even the lowest penalty inflicted on the basis of Art. 60 § 1 and 2 of the Penal Code, would be incommensurably severe". The Code fights special recidivism also by providing special measures against special recidivists coming under Art. 69 § 1 and 2: protective supervision (called "supervision" further on) and social readaptation centre (called "centre" further on). The first of them - supervision - is a non isolating measure, consisting in the control of behavior of the supervised person in the conditions of liberty. It is adjudicated for a period of 3 to 5 years (Art. 63 § 1 of the Penal Code). The second measure - centre - is of isolating character. The duration of stay in the centre is not appointed beforehand in the sentence: it is at least 2 years, at most 5 years long. After 2 years, the recidivist may be discharged by the execution of penalty court if there are good reasons to presume that he will not commit any offence after discharge (Art. 65 of the Penal Code). Special measures are executed after the sentence has been served.             The principles of application of the special measures differ as regards both categories of recidivists: those coming under Art. 60 § 1 of the Penal Code (called "common recidivists" further on) and those coming under Art. 60 § 2 (called further "multiple recidivists"). The organs authorized to adjudge these measures are the criminal and execution of penalty courts. Their decision as to adjudgement of them may be taken at various stages of legal and executive proceedings: in the sentence (criminal court), in the latter part of imprisonment (execution of penalty court), and during the supervision (execution of penalty court).             The principles of application of the special measures by the court which is to pass judgement in the case are stated in Art. 62 of the Penal Code. According to § 1, the application of supervision is optional towards the offenders coming under Art. 60 § 1. The court is here at liberty to decide as to the possible measures, as no premises to adjudge supervision are specified by the regulation. As to the recidivists coming under Art. 60 § 2, the adjudgement of one of the two special measures is obligatory, that of supervision as a rule. The adjudgement of the centre takes place only if the court recognizes supervision insufficient to prevent recidivism (Art. 62 § 2 of the Penal Code).             The second instance when decisions are taken as to the application of the special measures is the close of imprisonment of the recidivists. The rulings of the execution of penalty taken at this stage of the proceedings modify those taken previously - that is, in the sentence - as regards the application of the special measures.  In the case of common recidivists, these modifications may consist in adjudgement of supervision if it was not adjudicated in the sentence (Art. 91 of the Code of Execution of Penalties), or - if the recidivist is released on probation - in the specific conditional simulation of the supervision adjudicated in the sentence (Art. 98 § 1 of the Penal Code). If the release on probation is not cancelled by the court, the adjudgement of supervision loses effect (Art. 98 § 2 of the Penal Code). In the case of multiple recidivists, the modifications which may take place in the latter part of imprisonment as regards the adjudication of the special measures always consist in substitution of a strict measure by a milder one: the penitentiary court may replace the adjudgement of the centre with supervision (Art. 103 of the Code of Execution of Penalties) or release multiple recidivists on probation.             The third closing stage of proceedings when the decisions on application of special measures are taken is the execution of supervision. In this stage, the position of recidivists coming under Art. 60 § 1 and 2 of the Penal Code is identical: they can both be sent to the centre in consequence of failure of the supervision (Art. 64 of the Penal Code). Thus the adjudgement of the centre in consequence of failure of supervision serves here as a measure to discipline the execution of supervision. The present study was based on the data from criminal records of the Criminal Register and the Central Files of Convicted and Temporarily Arrested Persons. The material from these records enables one to notice the differences, as regards the data they include, between the groups of recidivists distinguished in respect of the special measure adjudicated towards them, and thus, to define initially the criteria for application of these measures. As a conclusion, an attempt was made to define the general range of adjudgement of the special measures towards recidivists regardless of the stage of proceedings in which it took place.             The research was of cross-sectional character. The examined population consisted of recidivists (coming under Art. 60) from the entire country and selected to 3 random samples: the first sample included all recidivists whose sentences had become valid within the period from March 1 till April 30, 1979 (1181 persons), the second sample included all recidivists discharged from prison within the period from February 1 till March 31, 1979 (874 persons), and the third one - all recidivists whose supervision had been completed within the period from April 1 till May 31, 1979 (544 persons). There were the total of 2599 cases, from which 72 cases had been excluded because of the lack of complete data in the Criminal Register. The final populations of the separate samples were thus as follows: I - 1146 persons, II - 869 persons, III - 512 persons (the total of 2 527 persons).             The collected material was then analysed, that is, the groups of persons were compared, distinguished on the grounds of the type of the special measure adjudicated towards them, for instance the group of multiple recidivists towards whom supervision had been adjudicated was compared with the group sent to the centre. The above comparisons were made for each sample separately, and within the sample - separately as regards the common and multiple recidivists. The method of representing the results reflects , the analysis scheme: each sample has been represented in a separate part of the present paper. The study is summed un by an attempt to estimate the general range of adjudgement of the special measures towards recidivists. The results of the estimation indicate that the application of the special measures towards recidivists is of a very broad range. As many an approximately a half of the common recidivists had been subjected to supervision; failure occurred as regards 40 per cent of the supervised persons, which makes about 1/5 of all common recidivists, and these persons came under the regulation providing the adjudgement of the centre in consequence of the failure of supervision. In 40 per cent of the cases the cause of the unsuccessful termination of supervision was the non-compliance with orders and duties by the supervised person, and in 60 per cent - commission of a new offence.             As regards multiple recidivists, there were as few as 14 per cent of them towards whom no special measure whatever had been adjudicated, owing to adjudgements of the execution of penalty courts. Approximately 27 per cent of the multiple recidivists had been sent to the centre immediately from prison, while approximately 59 per cent had been subjected to supervision. In over a half of these cases supervision was unsuccessful, which makes about 1/3 of the multiple recidivists. The cause of the unsuccessful termination of supervision was in 2/3 of the cases commission of a new offence, and in 1/3 of the cases non-compliance with orders and duties.
Źródło:
Archiwum Kryminologii; 1982, VIII-IX; 151-190
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość i polityka karna sądów w Węgierskiej Republice Ludowej
Crime and the penal policy of courts in the Hungarian peoples republic
Autorzy:
Kubiak, Jacek R.
Powiązania:
https://bibliotekanauki.pl/articles/699255.pdf
Data publikacji:
1987
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
polityka karna
republika ludowa
przestępczość
ustawodawstwo
prawo karne
Węgry
orzecznictwo
gwałt
sądownictwo
pozbawienie wolności
grzywna
ludobójstwo
people's republic
criminality
legislation
criminal law
Hungary
certification
rape
judiciary
deprivation of liberty
fine
genocide
criminal policy
criminal Policy
Opis:
There is in Hungary a many years tradition. of gathering and publishing criminal statistics and its theoretical analysis. This tradition dates back to the early 19th century. In the modern days, it was discontinued in the years 1944-1956 only. However, in 1957, the publication of the basic data of criminal statistics in Statistical Yearbooks published by the central statistical Office was started anew. As shown by an analysis of the trends of the number of convictions of adults in the years 1944-1984 based on official sources, there is a high substantial changes in these trends with changes in the provisions of the penal law and to some extent in the socio-political climate. The following can thus be noticed: A very big number of convictions in the late fourties and early fifties (with the culminating point in 1952), accompanied by rapid drops in the years when amnesty laws were passed or new provisions of the penal law were introduced. A great drop in the number of convictions in 1956 and, 1957 which was related directly first of all to the course of events before and after October 23, 1956, and to the fact that a part of the jurisdiction of common courts of law was taken over by special courts of law was taken over by special courts the activity of which is not reflected in the analysed statistical data. A relative stabilization of the number of convictions in the years of gradual socio-political consolidation ( 1958-1962). A gradual increase in the number of convictions after the entering into force of the Penal Code of 1961 and its amendment of 1971. Accompanied by intermittent drops in the amnesty years and in the years when provisions that modified the Penal Code entered into force. An increase in the number of convictions after the entering into force of the Penal Code of 1978. The rate of convictions per 100,000 of the population in 1984 was 2'5 times higher than in 1952, but not much lower than the 1961 rate. The rise in crime in the recent years is also evident in the available data from the police and public prosecutor's statistics. The number of reported offences went up by one-third in the period 1965-1985 and has a constant upward trend. Among the offences reported most numerous are offences against property (about 60 per cent of all reported offences), traffic offences (about 12-13 per cent), offences against public order (hooliganism and parasitism in particular), and offences against person (about 7-8 per cent).  As compared with 1965, the number of burglaries was 3.5 times as big in the eighties, and the number of robberies - 7 . times. The number of traffic offences increased by over one-third as well. Also offences against person reveal a small upward trend, with the number of homicides being stable. However, the number of homicides in Hungary has for many years been considerably larger than the mean European figure (mean homicide rate per 100,000 of the population amounting to 3.8 in the years 1979--1983). The rise in crime concerned financial offences also (offences against the foreign currency exchange regulations, against customs regulations, tax offences) which are included in ,the group of offences against the national economy. The penal policy of the Hungarian courts has rather frequently been subject to spectacular transformations. In the early seventies, stabilization was achieved in this policy which manifested itself by a limited application of unconditional deprivation of liberty and by a broad use of fine and other measures not involving deprivation of liberty. However, the rise in crime in the eighties influenced a more frequent application of unconditional deprivation of liberty, which resulted in the growth of prison population. In 1979, the number of persons deprived of liberty amounted to 16,764 (157 per 100,000 of the population), while in 1984 the respective number was 21,884 (205 per 100.000 of the population). In Hungary, conditional suspension of the execution of the penalty of deprivation- of liberty is not as popular as in other European socialist countries. For every fifth convicted person, the execution of penalty is suspended. In 1973, the courts for the- first time passed a greater number of fines (48.8 per cent) than prison sentences (43.9 per cent). In the-following years, the share of fines in the structure of penalties even exceeded 50 per cent. However, after entering into force of the new Penal code, an unexpected drop in the number of fines took place things to the which was due among other fact that some of the  petty offences were removed from the Penal Code , and that a new penal measure without deprivation of liberty, i.e. probation, was introduced. In 1983, the share of fines dropped to 40 per cent of all sentences. The Hungarian courts were most reluctant to apply the penalty of corrective and educational work as soon as the penalty was introduced in 1950. For a dozen-odd years the share of this penalty in all penalties imposed never exceeded 10 per cent. After the 1961 Penal Code was introduced the penalty of corrective and educational work  showed an upward trend (up to 15,8 per cent in 1964), but later on started to fall up, to 4 per cent in 1983. In the years 1962 -1983. common courts sentenced 105 persons to death penalty, for qualified homicide in the vast majority of cases. Since 1968, this penalty has been applied exlusively towards the perpetrators of homicide. In 1984, the extent of reported crime in Hungary was similar to that found in Poland (1, 470 per 100,000 o0f the population); however, in Hungary the response to the rise in crime has been in general much more balanced and quiet.
Źródło:
Archiwum Kryminologii; 1987, XIV; 43-95
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Funkcjonowanie ustawy o postępowaniu wobec osób uchylających się od pracy - wyniki badań
Functioning of the act on the treatment of persons evading work
Autorzy:
Ostrihanska, Zofia
Rzeplińska, Irena
Powiązania:
https://bibliotekanauki.pl/articles/699284.pdf
Data publikacji:
1988
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
robocizna
uchylać się
praca
wolność
wyniki badań
leczenie
osoba
funkcjonowanie
pasożytnictwo społeczne
regulacja prawna
zatrudnienie
ustawa
nadużywania alkoholu
obowiązek
rejestracja
labour
avoid
work
liberty
findings
treatment
person
functioning
social parasitism
legal regulation
employment
law
alcohol abuse
responsibility
registration
Opis:
The Act on the treatment of persons evading work was passed on November 26, 1982 and entered into force on January 1, 1983. The passing of the Act was preceded by a period of heated discussions during which the need for this regulation or objections against it were justified by various social, economic, political legal as well as philosophical reasons. The Act bound all men aged 18-45 (with the exception of some clearly defined categories) who neither work nor learn for a period of at least 3 month and who are not registered in employment agencies as looking for a job to report at the local state administrative agencies and explain the reasons of this state of affairs. Such persons can be recognized as not working for justified reasons (in this case, they should get help if needed) or for unjustified reasons (to such persons the possibilities of taking the job should be pointed out; they should also get help if needed). Man who persistently evade work and whose sources of maintenance cannot be revealed or prove to be contradictory to the principles of social existence, are included in a list of persons who persistently evade work. The law provides for the following legal consequences towards persons who fall under its provisions: a failure in the duty to report is a transgression for which there is a penalty of limitation of liberty  of up to three months; the same penalty is provided for the registered person’s  failure to appear when summoned by the local administrative agency: a failure of a registered  person in the duty to appear when summoned in order to make a statement concerning his sources of maintenances is an offence for which a penalty of limitation of liberty or a fine is provided; the persons who have been included in the list may be obligated to perform the work for public purposes in cases of force majeure or natural calamity that constitutes a serious threat for the normal conditions of the people’s existence; a failure in this duty is an offence for which a statutory penalty is that of limitation of liberty up two years or a fine.             The Act deals with only one of the many and varied problems that result from the broad and multifarious issue of work: the situation of not being formally employed. Employment is connected with the actual policy in this respect, the labour market, and with many economic problems. The passing of the Act and the period of its functioning discussed in the present paper fell in Poland on the days of a profound socio-economic crisis which influences the problems related to employment.             In our study, however, we have taken no account of the above broader issues, focusing on the functioning of the Act: the nation of ,,evasion of work’’ and ,,a person evading work’’ it introduced, the extent of the population that falls under the Act, characterization of the population mentioned the institutions and persons involved in  realization of the Act, ways of dealing with the persons evading work, conformability of the conduct of the Act’s addresses with the model of conduct it includes, appraisal of the degree to which the aims of the Act, as set before it by the legislator have been reached, and the social effects of the law.             The study concerned the functioning of the Act in the capital city of Warsaw. The basic source of information were index cards of all man evading work that had been registered in this territory in the period from January 1, 1983, till April 30, 1984. Moreover, district constables of the police were interviewed about these men; data concerning their criminal records were obtained from the Central Criminal Register and information about their detention in the Warsaw sobering-up station was obtained from the station's files. Two years later, additional data were gathered in order to check which of the registered men worked for at least 6 month after having been registered; the course of work for public purposes done by the examined persons was also checked with enterprises that organized such work.             In the period included in the study, 2,195 men evading work were registered in Warsaw. The size of this population seems susceptible of various interpretations, depending on the adepted point of view. This number however seems insignificant as compared with that of situations vacant reported at the employment agency which for instance exceeded 18 thousand jobs for men on December 31, 1983. As shown by the analysis of the course of registration in the entire examined period, and of the differences in the sizes of the registered populations in the separate Warsaw districts, the sizes in question vary greatly and depend on administrative steps that influence the revealing of men who answer the statutory definition.             The term "person evading work" designates various persons whose various circumstances - whether socially accepted or not – justify their lack of permanent employment, and who find themselves in various situations. They are e.g. persons waiting to be called up, those who help their families with farming, alcoholics who find it impossible to keep any permanent job, men supported by their familes and looking after a family member, those who are preparing for examination to enter the university, those taking a rest after release from prison, and those who actually do work (there were about 1/4 of them): casually, seasonally or in private firms, but fail to settle their situation formally. According to the police data, as few as every tenth of the examined persons had among others, though not exclusively, illegal sources of maintenance such as offences or illicit trade. In general, the men registered as evading work did not differ from the entire population of men aged 18-45 who lived in Warsaw at that time as regards the age structure. There were among them relatively few married men. Their level of education was somewhat lower as compared with men employed at that time in Warsaw in the socialized economy; yet two-thirds of them were trained in some profession. According to the police inquiries, and to the information from index cards and from sobering-up station, three-fourth of the examined persons drank extensively; one-third of them were detained in the station, with the majority being detained repeatedly which arouses suspicion as to their dependence. 79 per cent of the registered persons were  known to the police who had to intervene in their cases comparatively often and the company they kept was appraised negatively by the police 45 per cent had criminal records (with offences against property predominating) their effence however did not provide them money enough to replace employee’s wages.             The first stage of introduction of the Act was to reveal persons liableto registration. The performance of the duty of registration met with most serious problems. Persons who reported themselves to be registered constituted less than a half of the total of those registered, this situation remaining unchanged even one year after the Act had entered into force. Even after that period, over a half of those newly registered were persons who had not been working for over a year and who thus should have been registered much earlier Some of those who reported themselves did it only because they needed a certificate of registration to settle some important personal matter A rather numerous category nearly one- third of the examined men consisted of those registered after having been punished by a transgresion board for failure in the duty of registration, and those reported by the police or public prosecutor' s office Therefore, the police were explicitly involved in the process of picking out persons evading work.             Also the realization of the entire second stage of dealing with the above persons - that of classification - arouses serious doubts.             Index cards of a great number of persons lacked information essential for the realization of the Act, i.e. concerning certain facts about the registered person and the history of this previous employment.             Among the vital decisions taken in relation to the registered persons is the recognition of the reason of their unemployment as justified or unjustified. A tendency became pronounced in these decisions to treat illness and prolonged formal transactions related to future work as valid excuses for not working and out to excuse working without formal employment. It appeared also that officials deciding in these matters enjoyed a certain degree of discretion when appraising the reasons of unemployment.             The actions taken toward the registered persons assumed first of all the character unemploying: they consisted in obligating these persons to report again and inform about employment, or in referring them; therefore these actions failed to bring about any considerable effects; had the persons in question reported directly at the employment agency, the effects would have been identical.             One-forth of the registered persons were directed to do work for public purposes. As many as two- thirds of them never even appeared to get the adress of the enterprise which such organized work, and 15 per cent reported at the workplace but failed to fulfil their duties. Thus directing to work for public purposes was of a trifle importance only; out of proportion with the effort put in the organizing of such work.             Thoroughout the period included in the study, the names of 152 (7 per cent) of the registered men were entered in the list of persons who persistently evaded work. Punishment for infringement of the disscused Act was moved for in one third of cases.             As shown by the picture of realization of the Act, the officials who apply it often face the registered men's most complex life problems, that are difficult to appraise explicitly and to decide upon beyond dispute; besides, methods of successful circumvention or evasion of the provisions of the Act appear to have emerged.             The appraisal of the functioning of the discussed Act has been done on two planes: both the realization of the legislator's intentions and the social effects of its introduction other than intended have been analyzed.             The legislator's intentions are defined as coming to the assistance of those out of work and out of school who want work, and inducing to work those who fail to express this wish. In the statements of the Minister of Justice and of the deputy reporter during the parliamentary discussion, also such aims were formulated as: drawing up a record of persons evading work and thus getting knowledge as to the extent of this phenomenon; providing hands in cases of their shortage; and soothing the indignant public opinion which demanded radical measures to fight the phenomenon of the so-called social parasitism.             The above intentions have been realized but to a slight degree. Cases of getting help from administrative agency were extremely rare, the agency playing but the role of an agent who directs clients on to the employment or medical agencies.             After registration 44.5 per cent of the examined persons took a job and 37.6 per cent continued to work incessanuy for 6 months which is the condition of their names being stroken off from the register. The latter group proved to be "better" as regards selected social traits. According to our appraisal, these persons had greater chances and possibilities of and performing a job as compared with the remaining group; what's more "inducing" them to work was frequently absolutely unnecessary.             Registration failed to provide knowledge as to the size of the phenomenon of evasion of work, inconstancy being among its characteristics. The examined persons are often temporarily unemployed, this situation far from being permanent.             Registration failed to improve the situation in the labour market: not only the number of those who found a job but also the total of those registered was too small as compared with the needs.             Whether the public opinion has been soothed and satisfied by the introduction of the Act, we do not know. What we do know, is that among those registered there were hardly any persons whose unemployment particularly irritated the public opinion (e.g. black market and foreign currency dealers). A number of persons "evad.ing work" can always be" found, and the reasons for which some of them fail to take a job would hardly meet with social desapproval.             Apart from the intended effects of any legal regulation, there are also those unintended which in the case of the discussed Act can be found in the following spheres: 1) the legal system: in the labour law (limitation of the principle of freedom of work), and in the penal law (the range of penalized acts has been broadened to include transgressions and offences provided in the Act; moreover, a penal law sanction was used as an instrument to solve a problem that belongs to the sphere of social an economic policy exclusively; 2) the sphere of political an social activities: an additional bureaucratic cell in labour exchange has been created in the case of alcoholics, intervention of the Act is but a seeming action, leaving the essence of the problem out of account; in the case of ex-convicts, the Act doubles the activity of other institutions (such person can obtain help in employment agencies or from their probation officers, and they are ,,induced" to take a job by their life situation or by the conditions on which they have been released from prison); 3) the sphere of social attitudes towards the law: failure to collect subpoenas and to appear when summoned could be observed among the registered persons which means that mechanisms of circumventing the Act emerged.             In our opinion, the Act on the treatment of persons evading work is unnecessary. A separate and independent problem of persons who evade work does not exist. Instead, there is a number of various, partly overlapping problems: demand for labour, social frustrations of the crisis period, as well as alcoholism, delinquency disturbed socialization of the youth, failure to insure employes without setting the required formalities, problem of employment of the disabled. Also favourable phenomena and traits can be found here such e.g. the energy and initiative of those who want to work more effectively and to be paid better As shown by our study, ,,social parasitism ,, i.e. the actual staying out of work and living at the expense of others, can be found in a tiny percentage of registered persons.
Źródło:
Archiwum Kryminologii; 1988, XV; 95-152
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wpływ ograniczenia wolności wewnętrznej na brak rozeznania oceniającego co do istotnych praw i obowiązków małżeńskich w świetle wyroku Roty Rzymskiej c. Pompedda z 19.5.1994 r.
L’influenza della limitazione di libertà interna al diffeto di discrezione di giudizio circa i diritti e i doveri matrimoniali essenziali da dare e accettare reciprocamente nella luce della sentenza di Rota Romana c. Pompedda del 19.05.199
Autorzy:
Dzierżon, Ginter
Powiązania:
https://bibliotekanauki.pl/articles/662964.pdf
Data publikacji:
2000
Wydawca:
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:
ograniczenie wolności wewnętrznej
brak rozeznania oceniającego
prawa i obowiązki małżeńskie
wyrok Roty Rzymskiej
restriction of internal liberty
invalidity of a judgment
matrimonial rights and duties
case-law of the Roman Rota
Opis:
Si trata di una sentenza rotale negativa, emanata dal titolo del can. 1095 n. 2. Il ponente rotale ha concentrato la sua attenzione alla questione di libertà interna dei contraenti. In questo studio si presenta e commenta tutte le parti suddetta sentenza sia „in iure” che „in facto”.
Źródło:
Ius Matrimoniale; 2000, 11, 5; 217-223
1429-3803
2353-8120
Pojawia się w:
Ius Matrimoniale
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wolność i równość jako podstawowe elementy liberalnej demokracji
Liberty and equality as the fundamental elements of liberal democracy
Autorzy:
Monatskyy, Hryhoriy
Powiązania:
https://bibliotekanauki.pl/articles/1852503.pdf
Data publikacji:
2006
Wydawca:
Katolicki Uniwersytet Lubelski Jana Pawła II. Towarzystwo Naukowe KUL
Tematy:
wolność
równość
liberalizm
demokracja
teoria demokracji
liberty
equality
liberalism
democracy
theory of democracy
Opis:
In the article liberty and equality as important values in democracy are presented. Political theory advances the thesis that liberal democrats do not consider power of the people as the highest and ultimate political value. Liberals include among fundamental values various types of liberty and various kinds of equality that are connected with them, that is, liberty of speech, liberty of religion, the right to property, the right to voice one’s opinion or the right to assume public offices. It is these values that are the foundations of the ideal of the society of free and equal human beings.
Źródło:
Roczniki Nauk Społecznych; 2006, 34, 1; 147-160
0137-4176
Pojawia się w:
Roczniki Nauk Społecznych
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
An extension of the satellite monitoring liberty GPS system for the support requirements of transportation companies
Rozbudowa satelitarnego systemu monitorowania pojazdów liberty GPS na podstawie wymagań firm transportowych
Autorzy:
Gustof, P.
Hornik, A.
Powiązania:
https://bibliotekanauki.pl/articles/374573.pdf
Data publikacji:
2008
Wydawca:
Politechnika Śląska. Wydawnictwo Politechniki Śląskiej
Tematy:
GPS
satelitarny system monitorowania pojazdów
logisyka
Liberty GPS
Universal Mobile Telecommunication System
satellite monitoring system
logistic
Opis:
In working out the performance principles introduced into the construction and functionality of a Satellite Monitoring Liberty GPS System for vehicles and its possibilities in offering services that improve the logistical processes for transportation companies.
W opracowaniu przedstawiono zasady budowy i funkcjonowania Satelitarnego Systemu Monitorowania Pojazdów Liberty GPS oraz jego możliwości w oferowaniu usług mających na celu usprawnienie procesów logistycznych w firmach transportowych.
Źródło:
Transport Problems; 2008, 3, 1; 41-44
1896-0596
2300-861X
Pojawia się w:
Transport Problems
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Rozgłośnie wolności : tryumf Radia Wolna Europa i Radia Swoboda w zimnej wojnie
Broadcasting freedom : the Cold War triumph of Radio Free Europe and Radio Liberty
Autorzy:
Puddington, Arch (1944- ).
Współwytwórcy:
Borzym, Andrzej (1948- ). Tłumaczenie
Data publikacji:
2009
Wydawca:
Toruń : Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
Tematy:
Radio Wolna Europa
Radio Liberty
Polityka międzynarodowa
Polityka, politologia, administracja publiczna
Rozgłośnia radiowa
Opis:
Bibliogr. s. 398-408. Indeks.
Dostawca treści:
Bibliografia CBW
Książka
Tytuł:
Etyka – zagrożenie wolności nauki?
Ethics – Impendence of Science’s Liberty?
Autorzy:
Kowalczyk, Stanisław
Powiązania:
https://bibliotekanauki.pl/articles/964294.pdf
Data publikacji:
2010-05-15
Wydawca:
Uniwersytet Łódzki. Wydawnictwo Uniwersytetu Łódzkiego
Tematy:
liberty
science
ethics
human person
common good
Opis:
Paper has three parts. Te first part gives the reasons for need of liberty external-social of science guaranteed by law. Speaks about it Declaration of human rights in 1948 and social teaching of Church – including documents of Vaticanum II and Jean Paul II, which indicate of subjectivity and dignity of man as person. The second part of this paper based on personalism demonstrates that science can harmoniously develop only in the climate of internal-moral freedom of scientist. The purpose of science is revelation of truth, but effects of scientific investigations – in particular of biological-medical sciences – influence on the life of human individuals and societies. Conscious and free activity of man has ethical character, therefore liberty of science ought to be responsible liberty and then to be subordinated the ethical criterions. Science cannot ignore values and rules moral. The third part of paper stated that good of human person and common good of society demand juridical limitations of scientific inquiries’ liberty. Liberty is man’s right but also its obligation to respect of human person’s fundamental rights – including right to life, integrality and dignity. Therefore internal-ethical and external-juridical limitations are necessary of scientist’s liberty.
Źródło:
Annales. Etyka w Życiu Gospodarczym; 2010, 13, 2
1899-2226
2353-4869
Pojawia się w:
Annales. Etyka w Życiu Gospodarczym
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Legalność stosowania środków przymusu bezpośredniego w kontekście gwarancji konstytucyjnych Studium proceduralno-prawne
Legality of the application of direct means of compulsion in the context of constitutional guarantees – a legal procedural study
Autorzy:
Kubanek, Anita
Powiązania:
https://bibliotekanauki.pl/articles/684893.pdf
Data publikacji:
2012-05-18
Wydawca:
Uniwersytet im. Adama Mickiewicza w Poznaniu
Tematy:
State body, state compulsion
direct compulsion means
public officials
individual’s rights and liberty
public safety
subordination
commands based on law
physical force
legal interference
Opis:
State bodies have a right to resort to state compulsion, i.e. to a group of compulsion means which are an attribute of the state only. One of the most severe forms of state compulsion is direct compulsion which is applied predominantly by public officials in order to protect the rights and liberty of an individual and to ensure public safety. These means are designed to force a person to subordination to the commands based on law, which may entail the use of physical force. The purpose of this paper is to present the procedure and rules of using direct compulsion means and to discuss the level of legal interference in the individual’s rights and liberty.
Źródło:
Adam Mickiewicz University Law Review; 2012, 1; 175-189
2450-0976
Pojawia się w:
Adam Mickiewicz University Law Review
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Prawo spontanicznego porządku – Friedricha A. Hayeka koncepcja regulacji
Law of spontaneous order – Hayekian concept of regulation
Autorzy:
Firlej, Mikołaj
Powiązania:
https://bibliotekanauki.pl/articles/531627.pdf
Data publikacji:
2012
Wydawca:
Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Tematy:
Friedrich A. Hayek
regulacja porządku
regulacja wolności
społeczna inżynieria
regulation of order
regulation of liberty
social industry
Opis:
In the article three general questions were posed as a means of presenting explorative issue: (1) Law as regulation of an order; (2) Law as regulation of a liberty; (3) Controversy of social industry in law. In order to realize the issue thus outlined in the first section it has been shown two different and opposites kinds of orders in widely understanding term ‘sociology of law’ as well as Hayekian criticism of Descartes rationality. The structure of exogenous and endogenous orders has been carefully analysed in relation to their ancient equivalents: taxis and nomos. Special attention has been given to make an explanation of Hayekian understanding of legal frameworks connected with the process of organization and division of power. It has been outlined the rule of law in political system of Austrian economist (concept of demarchy) and his principal arguments for legislature and problem of ‘good regulation’. In the second part of thesis it has been shown a widely connection between spontaneous order and both liberty and the process of progression. In this section the strive was to present mostly values and good points in Hayekian conception, but there is also a critical part concerning both unsymmetrical constraint of freedom and symmetrical. In the third part of this thesis it has been shown the historical background of Hayekian research connected with the controversy of social industry in law. Referring to the intellectual dispute between Spencer’s organicism and Durkheim’s paternalistic conception Hayek has divided between law and law-making (legislation) and he has proved that law is only a spontaneous order notwithstanding good legislation means rules of harmonization and maintenance this kind of abstract social structure. Hayek’s concept of law is in accordance with philosophical, sociological, economical and political research of the general and popular nowadays problem with the new paternalism.36-50
In the article three general questions were posed as a means of presenting explorative issue: (1) Law as regulation of an order; (2) Law as regulation of a liberty; (3) Controversy of social industry in law. In order to realize the issue thus outlined in the first section it has been shown two different and opposites kinds of orders in widely understanding term ‘sociology of law’ as well as Hayekian criticism of Descartes rationality. The structure of exogenous and endogenous orders has been carefully analysed in relation to their ancient equivalents: taxis and nomos. Special attention has been given to make an explanation of Hayekian understanding of legal frameworks connected with the process of organization and division of power. It has been outlined the rule of law in political system of Austrian economist (concept of demarchy) and his principal arguments for legislature and problem of ‘good regulation’. In the second part of thesis it has been shown a widely connection between spontaneous order and both liberty and the process of progression. In this section the strive was to present mostly values and good points in Hayekian conception, but there is also a critical part concerning both unsymmetrical constraint of freedom and symmetrical. In the third part of this thesis it has been shown the historical background of Hayekian research connected with the controversy of social industry in law. Referring to the intellectual dispute between Spencer’s organicism and Durkheim’s paternalistic conception Hayek has divided between law and law-making (legislation) and he has proved that law is only a spontaneous order notwithstanding good legislation means rules of harmonization and maintenance this kind of abstract social structure. Hayek’s concept of law is in accordance with philosophical, sociological, economical and political research of the general and popular nowadays problem with the new paternalism.
Źródło:
Archiwum Filozofii Prawa i Filozofii Społecznej; 2012, 2(5); 36-50
2082-3304
Pojawia się w:
Archiwum Filozofii Prawa i Filozofii Społecznej
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
TE X AWIL ABA, “QUE TENGAS LA CAPACIDAD DE MIRARTE A TI MISMO”. PRINCIPIOS DE LA FILOSOFÍA EDUCACIONAL TZELTAL, CHIAPAS (MÉXICO)
Te x awil aba, “I Wish You Had the Ability to Look at Yourself”. Principles of Tzeltal Educational Philosophy, Chiapas (México)
Autorzy:
VELASCO TORO, José
Powiązania:
https://bibliotekanauki.pl/articles/486128.pdf
Data publikacji:
2012
Wydawca:
Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego
Tematy:
autonomía
aprendizaje
libertad
ser social
autonomy
learning
liberty
social being
Opis:
La filosofía educativa de la cultura tzeltal, pueblo indio originario de Chiapas, México, constituye un cimiento fundamental en los procesos de la identidad y la autonomía comunitaria. Los principios de su hacer pedagógico poseen paralelismo con los principios de la biología del conocimiento, sincronía sorprendente que permite conocer cómo ocurren los procesos de autoorganización vinculados con el desarrollo humano y comunitario.
The educational philosophy of culture Tzeltal, Indian people native from Chiapas, Mexico, is a basic principal in the processes of identity and community autonomy. The values of their teachings have parallels with the principles of the Biology of Knowledge, amazing synchronicity that allows knowing how self-or¬ga¬ni¬zing processes occur, related to human and community development.
Źródło:
Revista del CESLA. International Latin American Studies Review; 2012, 15; 83-112
1641-4713
Pojawia się w:
Revista del CESLA. International Latin American Studies Review
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
The Future of American Democracy
Autorzy:
Deneen, Patrick
Powiązania:
https://bibliotekanauki.pl/articles/421248.pdf
Data publikacji:
2012
Wydawca:
Akademia Ignatianum w Krakowie
Tematy:
Liberty
American Democracy
Self-Government
Radical Individualism Locke
Tocqueville
Aristotle
Human Anthropology
Opis:
Drawing on Aristotle this paper contrasts two conceptions of liberty – one, as ‘ruling and being ruled in turn’, the other as ‘doing what one likes’. It claims thatAmericacan be said to have had two foundings. The first was that of the Puritan settlers who adopted the notion of self-government and self-restraint; the second, ‘official’ founding heavily influenced by the social contract philosophy of Locke who understood government as existing only to secure our rights and advance our individual freedom.  Unlike the first understanding it does not seek to foster conditions in which our souls are educated in self-government. The author concludes that the future of American democracy will depend on which of these two conflicting conceptions becomes the dominant understanding ofAmerica’s liberty.
Źródło:
Horyzonty Polityki; 2012, 3, 4; 63-73
2082-5897
Pojawia się w:
Horyzonty Polityki
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
„Jestem wolą absolutną”. O boskości władzy w filozofii Ladislava Klímy
„I am the Absolute Will”. On Divinity of Power in the Ladislav Klíma’s Philosophy
Autorzy:
Woźniak, Kamila
Powiązania:
https://bibliotekanauki.pl/articles/635754.pdf
Data publikacji:
2013
Wydawca:
Uniwersytet im. Adama Mickiewicza w Poznaniu
Tematy:
Klíma
Gnosticism
prose
philosophy
authority
divinity
liberty
Opis:
The article concerns philosophical concepts created by the Czech prose writer Ladislav Klíma. This author is nowadays counted among the most interesting Czech philosophers of the 20th century. His concepts inspired creators such as Hrabal or the Czech surrealists. The article’s author presents an outline of more important Klíma’s philosophical concepts, which allow to combine the theme of man’s deification with the divine aspect of power. In the article, a vision of the world and man created by Klíma is presented, which points out a Gnostic character of his philosophical theories. The presentation regarding a definition of freedom, which in Klíma’s depiction is the basis for achieving the divine state, is of an equal importance.
Źródło:
Poznańskie Studia Slawistyczne; 2013, 5
2084-3011
Pojawia się w:
Poznańskie Studia Slawistyczne
Dostawca treści:
Biblioteka Nauki
Artykuł
Wyświetlanie 1-15 z 139

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