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Tytuł:
Podejrzani o dokonanie zgwałceń działający indywidualnie i w grupach (w świetle danych statystyki milicyjnej)
Persons Suspected of Individual or Group Sexual Assaults in 1969
Autorzy:
Mościskier, Andrzej
Syzduł, Edward
Powiązania:
https://bibliotekanauki.pl/articles/699186.pdf
Data publikacji:
1972
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
podejrzany
zgwałcenie
statystyka policyjna
police statistics
person suspected
sexual assaults
Opis:
The compilation present data based on police records on persons suspected of sexual assaults in 1969, broken down into suspects who acted alone, with one other person, and groups of three, four and five (or more).  
Źródło:
Archiwum Kryminologii; 1972, V; 304-317
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
An antagonistic game of random duration
Autorzy:
Styszyński, Antoni
Powiązania:
https://bibliotekanauki.pl/articles/747928.pdf
Data publikacji:
1981
Wydawca:
Polskie Towarzystwo Matematyczne
Tematy:
2-person games
Opis:
W pracy Домански'ego(1974) rozważa się pewien model gry antagonistycznej związanej z ciągiem zmiennych losowych niezależnych, przyjmujących wartości 0 i l. Celem niniejszej pracy jest znalezienie rozwiązania dla wersji z czasem ciągłym modelu gry z Домански(1974). Zakłada się, że czas przebywania w stanie l jest zmienną losową o znanej dystrybuancie F( t), t ~ O. Zmodyfikowana gra jest grą na produkcie (O, co) x [O, co) z nieciągłą funkcją wypłaty. Stosując metodę dodatnich transformacji całkowych rozwiniętą przez Karlina(1959) dla gier czasowych uzyskujemy postać strategii optymalnych w rozważanej grze.
The author considers a game of timing over [0,∞)×[0,∞) with a pay-off function discontinuous at the main diagonal. The game has its origin in a game in which two producers seek the favour of a buyer who drops the attempt to buy the production after a random time. Under certain regularity assumptions and by means of the known method of S. Karlin [Mathematical methods and theory in games, programming and economics, Addison, London, 1959; MR0111634], the author shows the existence of a unique pair of mixed optimal strategies, which are distribution functions over [0,∞). These are concentrated on a finite interval and continuous in the whole domain with the exclusion, perhaps, of 0. Some gaps in the representation do not diminish the value of the paper.
Źródło:
Mathematica Applicanda; 1981, 9, 17
1730-2668
2299-4009
Pojawia się w:
Mathematica Applicanda
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępstwa uprowadzenia lub zatrzymania małoletniego lub osoby nieporadnej (art. 188 K.K.)
Abductons or Detention of Minor or a Helpless Person (Art. 188 of the Polish Penal Code)
Autorzy:
Kołakowska-Przełomiec, Helena
Powiązania:
https://bibliotekanauki.pl/articles/699146.pdf
Data publikacji:
1984
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępstwa
uprowadzenie
zatrzymanie
małoletni
osoba nieporadna
kodeks karny
Polska
abductions
detention of minor
helpless person
Polska
penal code
Opis:
The present article contains a detailed description and results of analysis of cases of abduction and detention sentenced in Poland in 1979. The total of these cases was 9.       Abduction or detention, specified in Art. 188 of the Polish Penal Code, belongs to the group of offences against the family.      Art. 188 of the Penal Code provides, that "whoever contrary to the will of the person appointed to take care or to supervise, abducts or detains a minor or a person who is helpless by reason of this mental or physical condition, shall be subject to the penalty of deprivation of liberty for from 6 months to 5 years”.        Theoretical studies and commentaries to the Penal Code stress the fact that the subject of legal protection in Art. 188 of the Penal Code is the institution of care and supervision. Art. 188 is turned against lawless one-sided alterations in the relation, directly determined or adjudicated by court, of care or supervision of a person specified in this Article. It is also indicated that this Article aims at protecting the child from the lawlessness of this quarrelling parents or other persons. It is also characteristic that the commentaries stress the fact that the motives from which the perpetrator acted are unessential as regards the existence of an offence specified in Art. 188.      A small number of persons sentenced for abduction or detention does not mean that offences of this kind are of little social significance. The real extent of this phenomenon is much greater than indicated by the small number of sentenced persons. As the common knowledge shows, the cases of lawless taking away of the children by quarrelling parents or relatives are frequent. Thus it could have been expected that the cases of abduction or detention which had been investigated by court as offences might be particularly drastic of nature. Yet the analysis of all cases failed to confirm this supposition. Among the 9 cases, there were 4 cases of "abdcution" and 5 cases of "detention'' of minors. None of the cases concerned a helpless person. In as few as 2 cases the minors were strangers unrelated to the perpetrator. In four cases, the minors were sons of the perpetrators, in one  case the minor was the perpetrator's  daughter, in one case – granddaughter;  also in one case, the minor was the perpetrator’s cousion. Among the perpetrators of „abduction" or  „detention” there were six men and three women.       The analysis of all criminal cases specified in Art. 188 reveals two sides of this type of offence: a) the aspect of family, care, and education, b) the criminal aspect.  However, these two sides are not closely connected with one another.       The cases of "abduction and detention" as represented in the paper reveal the background on which it comes to various forms of behaviour of parents towards children and towards each other. In the majority of cases,  an intervention of guardianship authorities in the life of parents and children has already taken place and various provisions have been made. However, they failed to eliminate the existing conflicts, what is more,  they increased them. The further execution of these decisions lacks additional supervision which would ensure a free contact with the child for the parent with whom the child does, not reside permanently, and, on the other hand, which would limit the lawlessness of mothers who do not allow the fathers to contact the children they care for. Therefore, in the examined cases we  deal with "abduction'' or "detention'' of a child by his father who is faced with difficulties on the mother's  part when he wants to see his child. The analysed cases are not drastic in character as regards  the conduct of perpetrators and the circumstances of their offence. On the other hand,  they are generally most drastic as regards legal proceedings  in such cases  and sentences. The examined fathers, mother, grandmother, and cousin are treated as offenders: persecuted, charged, tried, and sentenced for acts which, even if they disturbed the institution of care, could be treated as family and care cases. Generally it seems that the criminal character of the analysed cases is independent and separate, so to say, from the entire aspect of family, care, and education of these cases. It may be assumed that this situation is to a certain degree conditioned by the dogmatic and formalistic approach in the proceedings and sentencing in these  cases, which is  based on the formulation found in commentaries, that the perpetrator’s  motives are unrelevant to the existence of the offence, and that the subject of legal protection in Art. 188 is the institution of care and supervision, not the interest of the abducted person.       In the final part of the present paper it is stressed that while protecting the institution of care, one should still take into consideration first of all the interest of the child for whom this institution is to function. It is also in the child's interest that his parents and close relations do not become criminals because of him. The cases of „abduction and detention of a minor” should be examined as cases of family and care, penal law proceedings instituted only in cases of actual abduction of a minor, first of all that committed by strangers.
      The present article contains a detailed description and results of analysis of cases of abduction and detention sentenced in Poland in 1979. The total of these cases was 9.       Abduction or detention, specified in Art. 188 of the Polish Penal Code, belongs to the group of offences against the family.      Art. 188 of the Penal Code provides, that "whoever contrary to the will of the person appointed to take care or to supervise, abducts or detains a minor or a person who is helpless by reason of this mental or physical condition, shall be subject to the penalty of deprivation of liberty for from 6 months to 5 years”.        Theoretical studies and commentaries to the Penal Code stress the fact that the subject of legal protection in Art. 188 of the Penal Code is the institution of care and supervision. Art. 188 is turned against lawless one-sided alterations in the relation, directly determined or adjudicated by court, of care or supervision of a person specified in this Article. It is also indicated that this Article aims at protecting the child from the lawlessness of this quarrelling parents or other persons. It is also characteristic that the commentaries stress the fact that the motives from which the perpetrator acted are unessential as regards the existence of an offence specified in Art. 188.      A small number of persons sentenced for abduction or detention does not mean that offences of this kind are of little social significance. The real extent of this phenomenon is much greater than indicated by the small number of sentenced persons. As the common knowledge shows, the cases of lawless taking away of the children by quarrelling parents or relatives are frequent. Thus it could have been expected that the cases of abduction or detention which had been investigated by court as offences might be particularly drastic of nature. Yet the analysis of all cases failed to confirm this supposition. Among the 9 cases, there were 4 cases of "abdcution" and 5 cases of "detention'' of minors. None of the cases concerned a helpless person. In as few as 2 cases the minors were strangers unrelated to the perpetrator. In four cases, the minors were sons of the perpetrators, in one  case the minor was the perpetrator's  daughter, in one case – granddaughter;  also in one case, the minor was the perpetrator’s cousion. Among the perpetrators of „abduction" or  „detention” there were six men and three women.       The analysis of all criminal cases specified in Art. 188 reveals two sides of this type of offence: a) the aspect of family, care, and education, b) the criminal aspect.  However, these two sides are not closely connected with one another.       The cases of "abduction and detention" as represented in the paper reveal the background on which it comes to various forms of behaviour of parents towards children and towards each other. In the majority of cases,  an intervention of guardianship authorities in the life of parents and children has already taken place and various provisions have been made. However, they failed to eliminate the existing conflicts, what is more,  they increased them. The further execution of these decisions lacks additional supervision which would ensure a free contact with the child for the parent with whom the child does, not reside permanently, and, on the other hand, which would limit the lawlessness of mothers who do not allow the fathers to contact the children they care for. Therefore, in the examined cases we  deal with "abduction'' or "detention'' of a child by his father who is faced with difficulties on the mother's  part when he wants to see his child. The analysed cases are not drastic in character as regards  the conduct of perpetrators and the circumstances of their offence. On the other hand,  they are generally most drastic as regards legal proceedings  in such cases  and sentences. The examined fathers, mother, grandmother, and cousin are treated as offenders: persecuted, charged, tried, and sentenced for acts which, even if they disturbed the institution of care, could be treated as family and care cases. Generally it seems that the criminal character of the analysed cases is independent and separate, so to say, from the entire aspect of family, care, and education of these cases. It may be assumed that this situation is to a certain degree conditioned by the dogmatic and formalistic approach in the proceedings and sentencing in these  cases, which is  based on the formulation found in commentaries, that the perpetrator’s  motives are unrelevant to the existence of the offence, and that the subject of legal protection in Art. 188 is the institution of care and supervision, not the interest of the abducted person.       In the final part of the present paper it is stressed that while protecting the institution of care, one should still take into consideration first of all the interest of the child for whom this institution is to function. It is also in the child's interest that his parents and close relations do not become criminals because of him. The cases of „abduction and detention of a minor” should be examined as cases of family and care, penal law proceedings instituted only in cases of actual abduction of a minor, first of all that committed by strangers.
Źródło:
Archiwum Kryminologii; 1984, XI; 227-244
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Prognoza wychowawcza w odniesieniu do dzieci z rodzin rozbitych przez rozwód
Educational prognosis in the case of children from homes broken by divorce
Autorzy:
Sokołowska, Alicja
Powiązania:
https://bibliotekanauki.pl/articles/699253.pdf
Data publikacji:
1987
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
praca
dzieci
rodzice
rodzina
rozwód
zachowanie
badanie
edukacja
wynagrodzenie
przyszłość
potrzeba
miłość
work
person
child
parents
family
divorce
behavior
examination
education
consideration
future
need
love
favourable prognosis
Opis:
The family, the child's first environment in which his social traits are formed, is imposed upon him and all it is able and wants  to offer him is given to him without his consent, choice, and frequently  awareness. The parents or persons who replace them decide for the child and organize his existence in his interest in the early stages of his life, and hand down to him the norm sand values according to their own consciousness and beliefs. All of their activities, aimed at the child and at other persons or things as well as their way of perception of and reaction to outer factors, constitute the fabric from which the child derives patterns for his own behaviour. The parents and the closest environment shape the child’s attitude towards himself and other persons through purposeful action and through situations specially created or rendered  accessible to the child. In the early childhood in particular, before the child goes to school, his parents play the leading part in his development. For this reason, their human quality is of importance. Despite the fact that there is a vast literature on the  family the specialists and practicians in social sciences keep submitting new problems that want explanation. The prognosis of the child's future fate depends first of all on his family environment. The child's socialization, development and mental growth take a normal course if conditions have been provided for his needs to be satisfied. Particularly in the case of a child, the need of love, and attachment predominates among mental needs, with that of favourable contacts with other persons developing somewhat later. A child accepted by his family and cherished with affection –provided he is convinced of that - feels safe and believes that his guardians act for his benefit. The climate at home which is created first and foremost by the parents, is not only important for the child's development but frequently leaves  permanent traces in the mind of an adult –often as patterns of  behaviour. Children devoid of favourable conditions of socialization in their families often cause serious educational problems and are commonly  defined as difficult. The origins of their maladjustment can first of ,all be found in a faulty socialization which makes them more open to bad influence and more apt to break the obligatory social and legal norms. In studies of juvenile delinquents, the symptoms of disturbances in their families are usually found.             Divorce is always a result of certain anomalies within the family and brings about disadvantageous conditions for the child's socialization. The future way or life of the child is usually difficult to forecast, during proceedings before the court in particular. For this reason, in more difficult or even doubtful cases, the court appoints an expert who is usually a psychologist or an educator. Admittedly, the expert's observations and findings influence the court’s decision; yet after the decision has become valid and the further course of events does not call for reopening of the proceedings, hardly anybody cares whether the decision concerning the child was really in his interest and whether the situation imposed upon him corresponds with his wishes.             At the Faculty of Psychology of the Warsaw University, examinations ordered by the court have for many years been performed in case of children and young persons, including divorce cases of parents, Examination took at least 2-3 visits which rendered possible a comprehensive appraisal of the environment and of the child entangled in his parents conflict. Examination ordered by the court went beyond the child's future situation, including his past and future as well. This made it possible to roughly estimate the influence of a new family situation on the further course of the child's mental development and process of socialization. A follow-up was planned beforehand to verify the conclusions of the examination and the court’s decision. It was interesting to learn about the child's further fate, to compare it with the earlier prognosis, and to examine the child's attitude towards his previous situation (during his parents divorce) and the influence it exerted on him.             The above follow-up was conducted in 1984. A hundred persons from Warsaw who had grown of age after the divorce proceedings were included in the study. Therefore, while at the moment of the examination the youngest examined person was aged 2, and the eldest nearly 18, at the moment of follow-up, the previously examined as children were aged 18 to over 30. The time between these two examinations varied from 5 to over 17 years. Only the youngest subjects were just finishing secondary school or starting higher education or some kind of professional training at the time of the follow-up. The elder ones were students or those starting their professional career,  while the eldest ones prepared to set up a family and an independent life.             The follow-up provides data to verify the prognosis which may either be confirmed or prove incorrect, particularly if new circumstances emerged (or those unknown before) that vitally influenced the examined person's fate. The follow-up may be related to the prognosis in the following four ways: the prognosis was positive which is confirmed by the follow-up (P+F+); the prognosis was negative and negative data are also provided by the follow-up (P-F-); the prognosis was positive which is however not fonfirmed by the follow-up (P+F-); the prognosis was negative but the follow-up appears positive (P -F +).             The findings of the follow-up were included in all of the above four group's as follows: P+F+              82 cases P- F-               4 cases P+F -               6 cases P-F+                8 cases There were no surprises in the extreme groups: the fates of the child were anticipated to take a favourable course provided the court takes the expert's conclusions into account (P+F+); or the prognosis was bad irrespectively of the court's possible decision (P- F-). On the other hand, in the groups where the follow-up failed to confirm the prognosis, either the diagnosis was wrong or new facts occurred after the examination which conclusively influenced the child's situation.             The most numerous was the group of cases in which follow-up confirmed a favourable prognosis. In those cases, the family environment involved was different,  as much as the parents mentality and personality traits, cultural standards, living conditions, the child's emotional ties with his parents and many other features. However, there were certain common features which favourably influenced the child's fate and they justified good prognosis. Divorcing parents accepted the court's decision truly in the child's interest pushing their own wishes and ambitions to the background. They remained loyal to each other and respected the child’s rights. They were able to create a climate which guaranteed the feeling of safety of the child and respect for his affection towards the parents. In these conditions, the effects of divorce were less painful for the child and the child could regain mental balance shaken by his parents conflict.             In the cases where follow-up confirmed a negative prognosis, the parents considered divorce proceedings to be their business exclusively. The child was just a supplement to their lives which they did not take into consideration; they provided no support for the child who had to depend on himself only, trying to overcome difficulties for which he was not prepared.             The fates of the children in the case of whom prognosis proved not consistent with follow-up are interesting. A change for the better meant that the expertise and the court's decision mobilized the parents, and the subsequent course of events confirmed the fact that parents are indispensable if they act in genuine good faith, manifesting kindness towards the child and mutual tolerance and trust.             In the last group, the follow-up failed to confirm a favourable prognosis. This was due to facts that occurred some time after the first examination and were difficult to anticipate, which negatively influenced the child's fate (e.g. death of a good guardian).             The follow-up made it possible to verify the relevance of methods applied in the examination as well as its general conception, according to which the child referred by the court for examination is an important but not the only element of his parents divorce. In such cases, the expert examines in a different way and context and from a different point of view the same problems in which the court is interested; however, he is able to examine more extensively and penetratingly the conditions that are inaccessible or difficult of access for the court, due to the lack of professional knowledge if not for other reasons.             The follow-up confirmed the importance of the family in the child's education and socialization. A broken home creates conditions that can eventually lead to a minor's maladjustment: if there are no factors to stop it, a broken home may produce a delinquency originating situation for the child.
Źródło:
Archiwum Kryminologii; 1987, XIV; 97-114
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:
The Works on Reform of the Polish Penal Procedure
Autorzy:
Murzynowski, Andrzej
Powiązania:
https://bibliotekanauki.pl/articles/43467759.pdf
Data publikacji:
1989-12-31
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
criminal proceedings
Polish Code of Criminal Procedure
right to trial
preparatory proceedings
accused person's right to defence
criminal court
appeal
review of valid judicial decisions
Źródło:
Droit Polonais Contemporain; 1989, 1-4(81-84); 57-71
0070-7325
Pojawia się w:
Droit Polonais Contemporain
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wyrok Sądu Biskupiego w Katowicach (fragment) coram Sobański (z pominięciem daty) w sprawie o nieważność małżeństwa z tytułu błędu co do przymiotu osoby (kan. 1098)
La sentenza del Tribunale Diocesano di Katowice (Polonia) coram Sobański nella causa di nullità del matrimonio dal titolo dellerrore circa la qualità della persona (can. 1018)
Autorzy:
Sobański, Remigiusz
Powiązania:
https://bibliotekanauki.pl/articles/662766.pdf
Data publikacji:
1993
Wydawca:
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:
nieważność małżeństwa
błąd co do przymiotu osoby
kanon 1098 KPK
nullity of marriage
error as to the quality of person
canon 1098 CIC/1983
Opis:
Il Tribunale Dioecesano di Katowice ha pronunziato la sentenza ("constatde nullitae matrimonii") nella causa di nullità del matrimonio accusato dal titolo dell’errore circa la religione dei convenuto. L’errore della oratriceé stato provocato dall’inganno del convenuto. Secondo il Tribunale il matrimonio - celebrato nel 1982 cioè prima della entrata in vigore del cjc/1983 - é invalido sulla base del can. 1083 § 2, n. 1 del cjc/1917 perché il can. 1098 del cjc/1983 proviene dalla legge ecclesiastica e con seguentemente non agisce in modo retroattivo.
Źródło:
Ius Matrimoniale; 1993, 4; 92-97
1429-3803
2353-8120
Pojawia się w:
Ius Matrimoniale
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Błąd co do osoby w świetle wyroku Roty Rzymskiej c. Davino z 26 III 1987 r.
Error in persona in luce sententiae Rotae Romanae coram Davino die 26 martii 1987 an.
Autorzy:
Góralski, Wojciech
Powiązania:
https://bibliotekanauki.pl/articles/663517.pdf
Data publikacji:
1994
Wydawca:
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:
błąd co do osoby
error as to the quality of person
Opis:
Sententia /facta executiva/ Tribunalis Apostolici Rotae Romanae in causa Cabgayen. nullitatis matrimonii c. Davino, prolata in II instantia die 26 martii 1987 an., nullitatem matrimonii ex capite erroris in persona declarat. Agitur de qualitate virginitatis mulieris conventae quae qualitas, etsi directe et principaliter ab actore non intenta, tamen obiective , utpote apud omnes gentes, maxime vero in Africa summi est momenti, personam eiusdem mulieris in occulis viri identificabat. Secundum auditores turni, illa qualitas in conventa qualificavit consensum matrimonialem actoris, propterea deficiente tanta qualitate in conventa eandem personam uti futuram coniugem ipse respuit.
Źródło:
Ius Matrimoniale; 1994, 5; 87-94
1429-3803
2353-8120
Pojawia się w:
Ius Matrimoniale
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Approximations of dynamic Nash games with general state and action spaces and ergodic costs for the players
Autorzy:
Bielecki, Tomasz
Powiązania:
https://bibliotekanauki.pl/articles/1339277.pdf
Data publikacji:
1997
Wydawca:
Polska Akademia Nauk. Instytut Matematyczny PAN
Tematy:
two-person game
ε-Nash equilibrium
sequential game
long-run average criterion
Opis:
The purpose of this paper is to prove existence of an ε -equilib- rium point in a dynamic Nash game with Borel state space and long-run time average cost criteria for the players. The idea of the proof is first to convert the initial game with ergodic costs to an ``equivalent" game endowed with discounted costs for some appropriately chosen value of the discount factor, and then to approximate the discounted Nash game obtained in the first step with a countable state space game for which existence of a Nash equilibrium can be established. From the results of Whitt we know that if for any ε > 0 the approximation scheme is selected in an appropriate way, then Nash equilibrium strategies for the approximating game are also ε -equilibrium strategies for the discounted game constructed in the first step. It is then shown that these strategies constitute an ε -equilibrium point for the initial game with ergodic costs as well. The idea of canonical triples, introduced by Dynkin and Yushkevich in the control setting, is adapted here to the game situation.
Źródło:
Applicationes Mathematicae; 1996-1997, 24, 2; 195-202
1233-7234
Pojawia się w:
Applicationes Mathematicae
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Błąd co do przymiotu osoby spowodowany podstępem, jako tytuł nieważności małżeństwa w świetle wyroku Roty Rzymskiej c. Faltin z 30 X 1996
L’errore circa la qualità della persona causato dal dolo come il titolo di nulità del matrimonio alla luce della sentenza della Rota Romana с. Faltin del 30 ottobre 1996
Autorzy:
Góralski, Wojciech
Powiązania:
https://bibliotekanauki.pl/articles/663293.pdf
Data publikacji:
1998
Wydawca:
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:
błąd co do przymiotu osoby
przymiot osoby
podstęp
nieważność małżeństwa
wyrok Roty Rzymskiej
error as to the quality of person
quality of person
deception
nullity of marriage
case-law of the Roman Rota
Opis:
I turno rotale с. Faltin, in causa Pragen., ha sentenziato (in terza istanza) la nullità del matrimonio dal titolo dell' errore dell’attore circa la qualità della persona (la gravidanza della convenuta) causato dal dolo dalla parte della convenuta. L’autore presenta e commenta suddetta sentenza.
Źródło:
Ius Matrimoniale; 1998, 9, 3; 173-187
1429-3803
2353-8120
Pojawia się w:
Ius Matrimoniale
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wyrok Sądu Metropolitalnego w Katowicach (w trzeciej instancji) c. Sobański z 20 listopada 1997 r. w sprawie o nieważność małżeństwa z tytułu niezdolności do podjęcia istotnych obowiązków małżeńskich (k. 1095, n. 3) oraz błędu co do przymiotu osoby (kan.
La sentenza del Tribunale Metropolitano di Katowice (in terza istanza) c. Sobański del 20 novembre 1997 in causa di nullità del matrimonio dal titolo della „incapacites” (can. 1095, n.3) e dell’errore circa la qualità della persona (can. 1097).
Autorzy:
Sobański, Remigiusz
Powiązania:
https://bibliotekanauki.pl/articles/663239.pdf
Data publikacji:
1998
Wydawca:
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:
nieważność małżeństwa
niezdolność do podjęcia istotnych obowiązków małżeńskich
obowiązek małżeński
błąd co do przymiotu osoby
kanon 1095, n. 3 KPK
kanon 1097 §2 KPK
nullity of marriage
incapacity to fulfil conjugal duty
conjugal duty
error as to the quality of person
canon 1095 n. 3 CIC/1983
canon 1097 § 2 CIC/1983
Opis:
Si tratta della sentenza negativa emanata nel tribunale di IIΙ istanza da due titoli: della incapacità                                e dell'errore circa la qualità della persona. Il Tribunale di prima istanza ha esaminato la causa da qutatro titoli decretando „pro vinculo”, mentre il tribunale d’apello ha emanato sentenza affirmativa solo da due titoli sopra indicati.  
Źródło:
Ius Matrimoniale; 1998, 9, 3; 217-227
1429-3803
2353-8120
Pojawia się w:
Ius Matrimoniale
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Błąd co do przymiotu osoby (kan. 1095 §2 KPK)
L’errore sulla qualità della persona (can. 1097 § 2 CJC)
Autorzy:
Góralski, Wojciech
Powiązania:
https://bibliotekanauki.pl/articles/663757.pdf
Data publikacji:
1999
Wydawca:
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:
błąd co do przymiotu osoby
kanon 1095 §2 KPK
error as to the quality of person
canon 1095 §2 CIC/1983
Opis:
L’errore „ridondante sull’errore di persona” (can. 1083 CJC /1917), che in sostanza si confondeva con lo stesso errore di persona e che nel contesta odierno diffieilmente si può verificare, ha trovato nella più recente giurisprudenza ecclesiastica, una interpretazione più consona allo spirito dei Concilio Vaticano II, che insiste sul concetto integrale della persona umana e non solo sul suo aspetto fisico. Riferendosi in sostanza alla terza regola di S. Alfonso il legislatore ha abbandonato la vecchia formulazione per quella presente (can. 1097 § 2 CJC/1983). La nuova formula dell’„error in qualitate directe et principaliter intenta”, passata anche nel codice dei canoni delle Chiese Orientali, viene analizzata dall’autore dello studio. L’oggetto dell’analisi sono i rispettivi elementi della formula dei canone; l'errore, la qualità di persona l'intendimento della qualità di persona. Inoltre si pone la questione della incompatibilit qualità dell’errore della condizione.
Źródło:
Ius Matrimoniale; 1999, 10, 4; 45-59
1429-3803
2353-8120
Pojawia się w:
Ius Matrimoniale
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Embrion jest osobą
El embrion es persona
Autorzy:
Dziuba, Andrzej F.
Powiązania:
https://bibliotekanauki.pl/articles/663597.pdf
Data publikacji:
1999
Wydawca:
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Tematy:
embrion
embrion jako osoba
embryo
embryo as a person
Opis:
La tecnica ho existente permite hacer con el ser humano casi todo lo que se hace con vegetales y animales, por medio de transplantes, hibridación o clonación. Parece incluso que dentro de poco sera posible dar inicio a nuevas variedades de la especie hu mana. Aqui es necesario remrir a la bioetica y plantear cuestiones vinculadas con la problematica moral que tienen significación en las intervenciones medico-biológicas. En este dominio es fundamental responder a la pregunta G que es el hombre, cual es su destino y su dignidad? La pregunta planteada no se refiere a la cinigia de la celula humana, sino al valor de la persona humana, el valor del ser humano. El embrión <> Es una cuestión fundamental desde el punto de vista ontológico y moral. El ser humano no es, en un principio, individuo, para sólo despues - con el crecimiento, el tiempo y la cultura - llegar a ser persona. Se es persona por el propio hecho de ser uno quien es, y no a titulo de lo que se posee (p.ej. un dia de vida, determinado peso del cuerpo, bienes poseidos). Tampoco el ser persona depende de lo que uno logre ser о del reconocimiento que le confiera la sociedad о un grupo de gente. Tampoco se trata de la autoconciencia, la posibilidad de libre eleccion, incluido el reconocimiento de ello por la familia y la sociedad, etc. Si se supone esto, se abre de par en par la puerta al aborto, la eutanasia, la perseeucion de los retardadas mentales о nacidos con diferenta deformaciones. Par ende, el factor en acto necesario para ser persona no son susu posibilidades, sino su esencia „essere”, el propio acto de existir como individuo personal o persona humana. En consecuencia, lo fundamental aqui consiste en; ≪ due es el hombre en su esencia e inherente dignidad. En ultima instancia, las cuestiones plenteadas conciernen la pregunta si el aima humana es espiritual o sólo vegetativo-sensitiva. Si entonces admitimos que el embrión es persona, tenemos que constatar que desde el principio posee el aima espiritual. Esto tiene significacion para cada etapa de la vida del hombre: embrión, nińo, adulto, anciano. En el ser humano el aima espiritual en el adulto no es tal a causa deldesarrollo fisico о intelectual, del desarollo moral y religioso de la persona, pues el atma espiritual no se recibe con la educación o con prestarle atención, о bien junto con el amor. El alma es espiritual gracias a la constitución óntica del hombre. Por eso, en la persona, о bien el alma es espiritual desde el principio, о -bien nunca llegara a serlo.
Źródło:
Ius Matrimoniale; 1999, 10, 4; 215-225
1429-3803
2353-8120
Pojawia się w:
Ius Matrimoniale
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Wartość bycia osobą jako centrum świata wartości i wyznacznik epistemologicznego profilu etyki
La valeur d'être personne comme centre du monde des valeurs, ainsi que la clef d'éablissement du profil épistémologique d'éthique générale
Autorzy:
Rodziński, Adam
Powiązania:
https://bibliotekanauki.pl/articles/1858030.pdf
Data publikacji:
1999
Wydawca:
Katolicki Uniwersytet Lubelski Jana Pawła II. Towarzystwo Naukowe KUL
Tematy:
wartość
osoba
etyka
value
person
ethics
Opis:
La personne comme sujet immuable, inalienable − et par suite éternel − c'est aussi la valeur primordiale, valeur des toutes autres valeurs, diverses sujets de correspondance réelle à celle-la. C'est pourquoi chaque personne humaine est une image spécifique des Personnes Divines. Et voilà le fondement d'une éthique personnaliste chrétienne, relationelle («communionistique»), mais pas relative. Par conséquent la valeur morale sensu stricto est avant tout et partout un mode d'affirmation interpersonnelle, c'est-a-dire une manière d'amour integral, une forme de dilection constante, autodonative et fidèle, une expression mutuae personarum prosistentiae. La métaphysique d'être comme être et la métaphysique des valeurs (comme valeurs) − toutes les deux − se montrent d'ici réciproquement bien complémentaires.
Źródło:
Roczniki Nauk Społecznych; 1999, 27, 1; 5-15
0137-4176
Pojawia się w:
Roczniki Nauk Społecznych
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Bioetyka czy bioetyki? O możliwości konsensu w bioetyce
Bioethics: One or Many? About the Possibility of Consensus in Bioethics
Autorzy:
Chyrowicz, Barbara
Powiązania:
https://bibliotekanauki.pl/articles/2016192.pdf
Data publikacji:
2001
Wydawca:
Katolicki Uniwersytet Lubelski Jana Pawła II. Towarzystwo Naukowe KUL
Tematy:
bioetyka
zasady etyki medycznej
utylitaryzm
życie osoby ludzkiej
fundacjonalizm
uniwersalizm
koncepcja osoby ludzkiej
bioethics
principles of medical ethics
utilitarianism
life of the human person
foundationalism
universalism
conception of the human person
Opis:
The birth of bioethics as a distinct branch of applied ethics is connected with extremely intensive extension of biomedical sciences in the second half of the 20th century. The problems which are connected with practical application of the achievements in contemporary medicine are not only of pragmatic but also of ethical character. The moral nature of these problems is specifically dealt with by bioethics. The interdisciplinary character of the research carried out in the field of bioethical analyses provokes a set of methodological problems; firstly, the problem of the nature and definition of bioethics. The development of bioethics is accompanied by a diversity of standpoints, often excluding each other. The authors who represent these mutually-excluding standpoints accept, at the point of departure, different ethical and anthropological principles. Thus we do not speak about one bioethics, but rather about many bioethical theories. The pluralism of bioethical standpoints is seen by some authors as an inheritance of postmodernism, some others are trying to look for general and universal bioethical principles. Such a consensus appears impossible due to the diversity of the conceptions of the person in contemporary bioethics. So the consensus in bioethics should be looked for rather in the field of anthropology.
Źródło:
Roczniki Filozoficzne; 2001, 49, 2; 65-89
0035-7685
Pojawia się w:
Roczniki Filozoficzne
Dostawca treści:
Biblioteka Nauki
Artykuł

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