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1

Życie, wolność, własność, bezpieczeństwo. Doktrynalne przesłanki wczesnych regulacji praw człowieka

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Maciejewski M.
Wrocławsko-Lwowskie Zeszyty Prawnicze
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2010
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vol. 1
13-39
EN
The article discusses the development of the concept of human rights from Antiquity till the end of the 18th century. Th e origins of these ideas can be found already in the views of Aristotle and some medieval thinkers (including Thomas Aquinas and Marsilius of Padua). It was not until the modern era that more complex concepts of human rights appeared, first of all as a result of the development of bourgeois doctrines in Western Europe, especially the theories represented by the natural law school in the 17th and 18th centuries (Grotius, Thomas Hobbes, John Locke, Montesquieu and others). It was then that for the first time — initially in the USA and later in France — human rights and citizen rights were regulated. The Americans did this in their Declaration of Independence from 1774 and the 1787 Constitution, while the French incorporated these regulations into their Declaration of the Rights of Man and of the Citizen proclaimed in the early stages of the bourgeois revolution in 1789, and into several constitutions from the period, including the 1793 Jacobean constitution, which, however, did not enter into force. From the 19th century on, the American and French regulations from the late 18th century became a model to be followed by other European states and some countries in other continents. As a result, the right to life, liberty, property or security became, as early as the 20th century, permanent part of the constitutions of those states the political systems of which are based on democratic principles.
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Recenzja: O naturze przywództwa Adolfa Hitlera w ujęciu Laurence’a Reesa

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Maciejewski M.
Studia nad Autorytaryzmem i Totalitaryzmem
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2014
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vol. 36
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issue 3
53 - 65
EN
In the article the author discusses the evolution of Hitler’s charismatic leadership among the Nazis until 1933 and after their accession to power in Germany – also among other Germans. Drawing on Laurence Rees’ book and other publications the author analyses the reasons, propagandist premises, ideological elements, political determinants and various consequences of the cult or even myth of the NSDAP leader in German society. He presents the successive stages in the growth of Hitler’s charismatic leadership, from the early 1920s to the fall of the Third Reich. He points to the almost uncritical attitude of avast majority of the Germans to their Führer and even their fascination with him, especially in the 1930s and in the early 1940s.
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Stosunek Adolfa Hitlera do spraw polskich od zarania nazizmu do jego upadku

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Maciejewski M.
Studia nad Autorytaryzmem i Totalitaryzmem
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2014
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vol. 36
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issue 2
35 - 68
EN
The article examines Hitler’s views on Poland and Poles from the emergence of the Nazism in 1919 till the end of the Second World War. Almost from the very beginning of his political activity the attitude of the NSDAP leader was areflection of his concept of foreign policy based as it was on nationalistic and racist premises. Its objective was to ensure a“living space” for the Germans in the eastern part of Europe through the Reich’s conquest of the vast territory of the Soviet Union. In those far-reaching plans for territorial conquest, for many years (almost till the end of the inter-war period) Hitler attributed to Poland the role of Germany’s supporter and ally, though he also laid some territorial claims to Poland’s territory (the question of Gdańsk and the Pomeranian corridor). Even before Hitler became Chancellor of the Reich, many of his statements contained clear anti-Slavic sentiments. However, until about 1938 he did not treat Poland as an enemy of the Reich — in contrast to his attitude to the Soviet Union and France. As long as Hitler hoped for Poland’s accession to the pact against the Soviet Union, he refrained from any military action against Poland. Yet already from the mid-1930s he saw Poland as an obstacle to the implementation of Germany’s imperialist plans in the eastern part of Europe. Hitler’s negative attitude to Poland and Poles was revealed fully during World War II, when he launched his brutal policy aiming to exterminate the Polish nation.
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Carl Schmitt i Leo Strauss wobec pozytywizmu prawniczego

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Maciejewski M.
Studia nad Autorytaryzmem i Totalitaryzmem
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2016
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vol. 38
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issue 3
117-131
EN
The article reviews a monograph autored by Łukasz Święcicki. The book is devoted to the critiques of legal positivism which were put forward by two German conservative thinkers, i.e. a lawyer Carl Schmitt and a philosopher Leo Strauss. The said critique is presented on the backround of the accomplishments of Polish scholarly analyses of Germany, with particular attention being paid to the research on German political and legal thought. The author of the article — referencing the contents of Święcicki’s work — discusses the main premises and assumptions of the relevant criticism. While evaluating legal positivism, both Schmitt and Strauss reached similar conclusions even though their personal philosophical positions were vastly different. They both considered the paradigm of legal positivism as an example of modernity in reflection upon law which naturally clashed with the conservative understanding of legal questions.
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Recenzja: Wiedeński okres w życiu Adolfa Hitlera w ujęciu Brigitte Hamann i Augusta Kubizka

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Maciejewski M.
Studia nad Autorytaryzmem i Totalitaryzmem
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2017
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vol. 39
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issue 3
69-82
EN
The article discusses the literature and the findings concerning the relatively least explored questions concerning Adolf Hitler, namely those of his youth. As the author stresses, just over a dec­ade ago Polish readers interested in the Hitler phenomenon knew much less than they do now. Thanks to several books recently published in Poland they have had a chance to considerably expand their knowledge. The present author points to two figures, Brigitte Hamann and August Kubizek, focusing on the similarities and differences in their approach to this period of Hitler’s life.
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Polscy uczeni prawnicy międzywojenni o ustroju i prawie Trzeciej Rzeszy

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Maciejewski M.
Miscellanea Historico-Iuridica
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2016
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vol. 15
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issue 2
85-126
EN
The article describes the views of a number of selected Polish scholars-lawyers on the Nazi government and law during the period 1933-1939. It presents, in turn, opinions on this subject matter formulated by Maciej Starzewski, Waclaw Makowski, Konstanty Gr- zybowski, Andrzej Mycielski, Ludwik Krajewski, Tadeusz Bigo, Leon Halban, Stanislaw Golab, Leopold Caro, Ignacy Czuma, Marian Z. Jedlecki and Zygmunt Cybichowski. Almost all of them expressed strong criticism concerning the governmental system and law of the Third Reich, usually correctly commenting on and characterizing changes occurring in those fields in Germany since 1933. In particular, Polish inter-war scholars- lawyers emphasized the unitary and authoritarian, or even totalitarian, model of the Nazi government and the special systemic position of the supreme leader held by Adolf Hitler. With respect to Nazi legal doctrine and the legal system founded upon it, they pointed out its reliance on racism and nationalism, its refutation of the fundamental assumptions of Roman law, legal positivism and the ideology of natural law, the oblit- eration of the demarcation line between public and private law and the adoption of the principle of the primacy of common good (German national community) over individual interests. The analyzed discourse on those matters accentuated legal nihilism, decision- ism and voluntarism (considering them to be typical of Nazism) and considered those approaches to be inimical to the modern tradition of Western-European legal science.
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Między II a III Rzeszą. Szkic z dziejów niemieckiej demokracji parlamentarnej w latach 1918-1933

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Maciejewski M.
Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego
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2012
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issue 3(21)
97-117
EN
The article analyzes the political system of Germany during the so -called Weimar Republic, i.e. the 1918-1933 period of creation and shaping of parliamentary democracy. This model was very critically evaluated in Germany then by many diverse political factions – with the exception of its creators, i.e. Social Democrats. Negative opinions on the Weimar republic seem also dominant in the scholarly literature on the subject. There exists a predominate conviction that this political model turned out to be an unfulfilled or crippled democracy and that the Weimar republic was an ephemeral being which was ‘suspended’ between the Imperial Second Reich and the Nazi Third Reich. Pondering the questions of this republic place in Germany’s history, the author mainly focuses on some research issues. One of those issues is the analysis of the foundations of Reich’s Constitutions from 1919 which constituted a legal basis of parliamentary democracy in Germany after World War One. According to the author, the Constitution itself wasn’t a defective regulation although its application often led to distortions of democratic rule (for instance, due to the abuse by Reich’s President of his prerogatives described in Article 48). The next research issue which is taken up in the article concerns the evaluation of the Weimar republic party system. The author reflects on the causes of parliamentary coalition – which was a mainstay of democratic rule during the 1918-1933 period – weaknesses and deficiencies. In this context, the author analyzes the issue of dimensions, impact and successes of anti -Weimar opposition, both in the beginning and at the end of Republic. During the decline of democratic rule the particularly important role – as far as the dismantling of Weimar institutions is concerned – was played by Nazi part and other Nationalist organizations. The next research issue taken up in the article concerns the question of the influence social -and -economic conditions on the shaping of parliamentary democracy system. From this standpoint, three period can be distinguished in the history of Weimar Republic. The first (the beginning of the Twenties) and the third (at the turn of the Twenties up until 1932/1933) were marked by deep crisis which exerted a harmful influence on the functioning of parliamentary democracy. Only the second period of the Weimar Republic history (the second half of the Twenties) was favorable from socioeconomic perspective. It was during this time that parliamentary -democratic governments were even able to achieve certain successes in the domestic and foreign policy.
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Najwcześniejsze polskie interpretacje nazizmu (1922–1924)

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Maciejewski M.
Studia nad Faszyzmem i Zbrodniami Hitlerowskimi
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2011
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vol. 33
9-31
EN
The article presents information, opinions and interpretations concerning the beginnings of National Socialism in Germany, particularly Bavaria, during the first half of the 1920s, that came from Leszek Malczewski, Polish Consul General in Munich. He was probably the first Polish eyewitness systematically observing the growth of National Socialism. At that time Nazism was not yet — according to Polish consul — a signifi cant political force but simply one of the many Nationalist organizations with clearly anti-Semitic and racist profi le. Neither Malczewski, nor anyone else, could have predicted at the outset of the 20s that in a dozen years the Nazi party with Adolf Hitler as a leader would seize power in Germany. Polish consul passed his own observations pertaining to National Socialism (they were not always fully verifi ed or totally credible, but certainly interesting and not devoid of accuracy) to the Ministry of Foreign Affairs in Warsaw, relating in his reports various, though not all, aspects of activity and propaganda of the Nazis during the initial phase of the Hitlerite party’s existence. Malczewski investigated with particular attention Nazi preparations in Bavaria for an anti-government coup, usually correctly pointing out the political objectives of the group of conspirators with Hitler and general Erich Ludendorff at its head. When, at the beginning of November 1923, National Socialists put their subversive plans into final action, Polish consul focused his attention on the analysis of the results of the unsuccessful putsch both for the Nazis themselves and for a general political situation in Bavaria (and even in Germany as a whole). Although Malczewski was rather skeptical as far as the political future of National Socialist party was concerned, he did not exclude the possibility that it can overcome internal crisis caused by the suppression of the attempted anti-government putsch by army and police forces. Even before November 1923 Malczewski appreciated Hitler’s oratory and propaganda skill and the model of party leadership introduced by him.
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Prawne aspekty położenia mniejszości narodowych na Górnym Śląsku w okresie międzywojennym

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Maciejewski M.
Studia Prawno-Ekonomiczne
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2014
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vol. XCI (91)/1
63-86
EN
This paper discusses the legal situation of German and Polish ethnic minorities in Upper Silesia, which was divided between Germany and Poland in the wake of uprisings (1919–1921) and the plebiscite of march 1921. The discussion concentrates on the provisions of the Upper Silesia Convention (known also as the Geneva Convention) concluded by the German Reich and the Republic of Poland for fifteen years under the auspices of the League of nations in May 1922. Emphasis is laid on the main provisions, including the so-called fundamental rights of minorities (Art. 64–68), which were meant to ensure equal treatment and free development in the spheres of language, education, religion, etc. to ethnic minorities. The discussion also touché upon other issues – which were not fully regulated by the Convention – concerning the interpretation of the term “ethnic minority” at the League of Nations and the other organizations and institutions (Inter- -Allied Mixed Commission for Upper Silesia), as well as in the prevailing legal opinions in Germany and Poland at the time. On the example of the views of such jurists as Bruns, Flachtbarth, Walz, Cybichowski, Kierski and Kostanecki, arguments and controversies are shown which surrounded the criteria for defining ethnic minorities. Over this matter two views clashed. The first and more popular held a person to be member of an ethnic minority if he or she expressed their bona fide will to be counted as one (subjective criterion). The second was based on the assumption of objective membership in an ethnic minority (criteria of language, religion, culture and tradition). In the author’s opinion, the Upper Silesia Convention contributed to the reduction of ethnic tensions in the area where it was enforced.
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Poglądy polityczne Żelaznego Kanclerza

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Maciejewski M.
Studia nad Autorytaryzmem i Totalitaryzmem
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2015
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vol. 37
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issue 1
81 - 97
EN
The article is devoted to a critical analysis of Mariusz Kopczyński’s interpretation of Otto von Bismarck’s political thought. In the first part of the article the author recalls the earlier Polish attempts to describe the “Iron Chancellor”, noting that they concerned mostly his public activities. In the second part the author argues that although M. Kopczyński’s research did not bring about a “Copernican revolution” in the academic literature dealing with Bismarck, it did make a fresh contribution by describing the Chancellor as a political thinker.
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Wódz, naród, rasa. Ideologiczne przesłanki nazistowskich koncepcji prawa

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Maciejewski M.
Studia nad Autorytaryzmem i Totalitaryzmem
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2017
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vol. 39
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issue 1
19-43
EN
The subject matter of the article is devoted to discussing the ideological premises of the con­tent, aims, and functions of Nazi law from the perspective of the legal theoreticians and practition­ers of the Third Reich. Firstly, the significance and role of the supreme leader (the Führer) of the National Socialists and Germany in asingle person, namely Adolf Hitler, is discussed. The legal doctrine of the Nazi state perceived him — just as he did himself — to be the basic source of law and treated his political decisions as such. In fact, these decisions were even thought to stand above the Weimar Constitution of 1919 (which was only formally in force) and other pieces of legislation. Hitler was not merely viewed as the supreme legislator, but also as the highest judge, acting by the will of the German nation. Judicial decisions in the Third Reich were issued on his behalf. Accord­ing to Nazi lawyers, Hitler as Führer embodied and articulated the will of the German nation, whose needs, interests, and aspirations were considered the purpose behind the functioning of the state and the Reich’s law. Furthermore, the German national community (deutsche Volksgemeinaschaft) rose to the rank of the near absolute determinant of the law’s form and content. It was, in fact, the reference for one of the important principles of Nazi law, i.e. the common good before personal good (Gemeinnutz vor Eigennutz) — hence, anegation of the concepts of individualism, including the unchallengeable nature of private property. In addition, the ideological premises of the Nazi concept of law also comprised racial issues. The Third Reich placed particular emphasis on racial purity and hygiene — which referred predominantly to the Germanic race — as acondition for the German national community’s healthy functioning. Nazi law, inter alia, was supposed to serve precisely that end. The legal doctrine in Germany at the time adopted the unequivocal position that the law — together with the administration of justice — should be one of the most important guards of the longevity and purity of the Germanic race (sometimes referred to as the Aryan race). This stipulation, which for the most part was consistently implemented, was closely linked to the National Socialists’ almost zoological antisemitism. It was reflected in numerous normative acts by the Third Reich’s authorities targeting the Jewish population in Germany and the countries it occupied during WWII.
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Niemcy w polskiej kulturze i myśli politycznej od schyłku XVIII w. do wybuchu II wojny światowej

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Maciejewski M.
Przegląd Prawa i Administracji
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2015
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vol. 100
725 - 749
EN
The article describes the shaping of the stereotype of a German and Germany among Poles from losing the independence due to the third partition of the Polish Commonwealth in 1795 until the next loss of independence caused by the aggression of the Third Reich and the Soviet Union on Poland in 1939. During that period of around 150 years Polish opinions on Germans were influenced by various factors and circumstances: historical, political, social, cultural, ethical, aesthetic, etc. All those factors constituted a premise for the emergence of the usually negative and often simplified stereotype of Germans among different political and cultural Polish circles, characterized by a strong antipathy towards that nation, which was reciprocated by Germans. This stereotype was often an expression of the fear felt by the majority of Poles towards Germans, based on the perception of various dangers (economic, military, cultural, etc.) coming from this source. Many Poles perceived Germans (particularly Prussians) during that period as nationalists attempting to gain hegemony not just over Poles, mercilessly focused on fulfilling their national interest and discounting the needs of other nations. The representatives of this nation were considered to be brutal, simple-minded, conceited and sometimes even intellectually challenged. Nevertheless, there were sometimes indications pointing out some positive traits of this nation: the love of order, the willingness for hard work, the will to maintain discipline. The negative stereotype of a German became particularly strongly fixed after the establishment of the united German Reich in 1871, especially after the seizure of power by the Nazis. Within this stereotype, positive evaluations outweighed negative assertions only during two historical periods: during the November Uprising (and soon after its fall) and during the Springtime of the Peoples in the mid-19th century.
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Wódz i jego drużyna. Początki kształtowania się władzy i autorytetu Adolfa Hitlera wśród nazistów

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Maciejewski M.
Studia nad Faszyzmem i Zbrodniami Hitlerowskimi
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2010
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vol. 32
93-114
EN
The subject of this article is a process of emergence of Hitler’s leadership position in the Nazi organization since his joining the miniature Deutsche Arbeiterpartei (DAP), which was NSDAP predecessor, in September of 1919 until the failed attempt by National Socialists to overthrow legitimate German government at the beginning of November 1923 (Munich Putsch). From the beginning of his political activity after World War One, Hitler determinedly and doggedly tried to achieve a commanding status. The fecklessness of DAP leaders was one of the main reasons why Hitler decided to join this party. He pretty soon recognized that the lack of leadership qualities among DAP co-creators – Karl Harrer and Anton Drexler – could be seen as an opportunity for him to realize his political ambitions and aspirations. The management of DAP was not willing, however, to become subject to Hitler, though his propaganda capabilities were widely appreciated. Only after two years had passed, the future Führer managed – as a result of „palace revolution” in August of 1921 – to reach a position of the first chairman of the party which changed its name to NSDAP in 1920. Since then, Hitler consistently strengthened his position in the party, surrounding himself with activists who favored his leadership aims and who, mostly thanks to the efficient use of propaganda mechanisms, started to create a cult with Adolph Hitler as a central figure. Dietrich Eckhart, Herman Esser and Alfred Rosenberg particularly contributed to Hitler’s perception, power and authority in the Nazi movement in the early twenties. Hitler himself also attempted to create an impression of the Providential Man. With this purpose in mind, he was using his good enough knowledge and understanding of political psychology. Even before Munich Putsch, he was known as a talented orator and organizer. He employed different methods in order to increase the party membership and enhance NSDAP influence in the Nationalist movement. After the failure of the putsch in Bavaria’s capital city, Hitler temporarily lost – while remaining in prison – his position as the Nazi leader but regained it quite soon (at the beginning of 1925) when he was again appointed the chairman of NSDAP. Since that time his power and authority among National Socialists were systematically on the rise. Not long before taking up the post of Reich Chancellor (30 January 1933) he was universally respected, idolized and almost worshipped by the Nazis and many other Nationalists. At that time he already doubtlessly achieved a status of charismatic leader-position and image he was even more vigorously trying to cultivate after 1933.
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Rola wojennych idei roku 1914 w rozwoju niemieckiego nacjonalizmu

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Maciejewski M.
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)
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2019
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vol. 66
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issue 2
EN
In the period directly preceding the outbreak of the so-called Great War, i.e. World War I (summer of 1914), and during its earliest stages, pro-war, patriotic-nationalistic (and not without imperialist connotations) and military ideas started taking shape in Germany, gradually gaining popularity in many political circles. These conceptions embraced the cult of manhood, heroism and sacrifice for the motherland, the so-called socialism of trenches, specific aesthetic and cultural values. These amalgamation of ideas was subjected to the concept of national community (deutsche Volksgemeinschaft) which was central for German nationalist circles. Its goals and purposes were supposed to set the direction of this doctrine’s development. After the First World War, the ideas of 1914 were continued and enriched in Germany, despite this country’s absolute military defeat in the Great War, by the representatives of revolutionary conservatism. This article discusses their conceptions in this field.
PL
W okresie bezpośrednio poprzedzającym wybuch tzw. Wielkiej Wojny, czyli I wojny światowej (lato 1914 r.), oraz w początkach jej trwania ukształtowały się w Niemczech, zyskując popularność w wielu środowiskach politycznych, patriotyczno-nacjonalistyczne, militarne, niepozbawione cech imperialistycznych idee prowojenne. Przeszły one do historii myśli politycznej pod nazwą idei roku 1914. Pod tym określeniem kryły się m.in. kult męstwa, bohaterstwa i poświęcenia dla ojczyzny, koncepcje tzw. socjalizmu okopów, określone wartości estetyczne i kulturowe. Wszystko to zostało podporządkowane naczelnej w niemieckich środowiskach nacjonalistycznych idei wspólnoty narodowej (deutsche Volksgemeinschaft). Jej cele i interesy miały wyznaczać kierunki rozwoju tej doktryny. Idee roku 1914 kontynuowali i wzbogacili już po I wojnie światowej w Niemczech – mimo klęski militarnej tego państwa w tej wojnie – przedstawiciele rewolucyjnego konserwatyzmu. O ich koncepcjach w tej dziedzinie traktuje niniejszy artykuł.
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Dietrich Eckart. U organizacyjnych i ideowych podstaw nazizmu (1919–1923)

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Maciejewski M.
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)
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2019
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vol. 66
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issue 1
EN
The article analyzes the significance and the role played by Dietrich Eckart – a German poet and a political writer from Munich – for the development on Adolf Hitler’s early political career and for the shaping of political views of the future leader of the Third Reich. As the author concludes, Eckart’s influence on Hitler’s political activity and ideas during the first few years after World War One would be difficult to overestimate. Eckart proved himself then to be one of the most important mentors of Hitler – as his teacher, adviser and supporter who made it possible for the latter to make valuable and useful contacts in nationalist intellectual, military and industrial circles of Bavaria. To a significant degree, Hitler borrowed from Eckart, who was an ardent Anti-Semite, a number of arguments against Jews and accusations leveled against them. Hitler also partly based his criticism of the democratic system in Germany after World War One on Eckart’s views which were sharply hostile towards the Weimar Republic. Eckart was one of the very few people from Hitler’s closest ranks towards whom the future leader of Germany managed to show – in Mein Kampf – gratitude and respect for the former’s support and aid during the first few years of the existence of the Nazi organization.
PL
Artykuł dotyczy znaczenia i roli poety i publicysty niemieckiego z Monachium – Dietricha Eckarta – dla rozwoju wczesnej kariery politycznej Adolfa Hitlera i kształtowania się politycznych poglądów przyszłego wodza Trzeciej Rzeszy. Jak wynika z wywodów autora, wpływ Eckarta na polityczną działalność i zapatrywania Hitlera w kilku pierwszych latach po zakończeniu wojny światowej był trudny do przecenienia. Eckart okazał się wtedy jednym z najważniejszych mentorów Hitlera – jako jego nauczyciel, doradca i poplecznik, który umożliwił mu nawiązanie cennych i pożytecznych kontaktów w nacjonalistycznych środowiskach intelektualnych, wojskowych i przemysłowych w stolicy Bawarii. W znacznej mierze od Eckarta, zagorzałego antysemity, Hitler zapożyczył wiele argumentów przeciwko Żydom i wymierzonych w nich oskarżeń. Częściowo na wrogich tzw. republice weimarskiej poglądach Eckarta oparł także swoją krytykę demokratycznego ustroju Niemiec po I wojnie światowej. Eckart był jedną z niewielu osób z najbliższego otoczenia Hitlera, wobec których przyszły wódz Niemiec zdobył się na okazanie w Mein Kampf wdzięczności i szacunku za wsparcie i pomoc ze strony tego publicysty w kilku pierwszych latach działalności organizacji nazistowskiej.
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Michael Hesemann, Religia Hitlera, tłum. A. Walczy, Prószyński i S-ka, Warszawa 2011, ss. 543

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Maciejewski M.
Czasopismo Prawno-Historyczne
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2012
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vol. 64
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issue 2
533-540
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Rafał Kania, Myśl polityczno-prawna Franciszka Ksawerego Szaniawskiego (1768-1830), Wydawnictwo Naukowe NOVUM, Płock 2012, ss. 524

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Maciejewski M.
Czasopismo Prawno-Historyczne
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2012
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vol. 64
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issue 1
279-284
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O współczesnych badaniach krakowskich nad włoskim faszyzmem. Rozważania wokół prac Małgorzaty Kiwior-Filo i Joanny Sondel-Cedarmas

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Maciejewski M.
Czasopismo Prawno-Historyczne
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2016
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vol. 68
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issue 1
243-264
PL
Krakowski ośrodek akademicki znany jest i ceniony już w Polsce, a nawet poza jej granicami, z badań nad autorytaryzmem i totalitaryzmem. Od wielu lat koncentrują się one zwłaszcza na Wydziale Studiów Międzynarodowych i Politycznych Uniwersytetu Jagiellońskiego, a konkretnie rzecz ujmując – prowadzone są przede wszystkim przez zespoły pracowników naukowych skupionych do niedawna wokół zmarłego w 2015 r. profesora Wiesława Kozub-Ciembroniewicza i nadal wokół profesora Marka Bankowicza. Obaj uczeni owocnie współpracowali zresztą ze sobą w dziedzinie naukowej
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Zarys historii idei elitaryzmu. Od Platona do Czesława Znamierowskiego

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Maciejewski M.
Czasopismo Prawno-Historyczne
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2013
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vol. 65
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issue 2
17-54
EN
The subject of this paper is political elitism (or the existence of political elites) and the shaping of that concept from the ancient times to the 20th century, on the example of the views of its main creators from Plato, through Claude Henri de Saint-Simon, Georges Sorel, or Max Weber to Czesław Znamierowski. Particular focus has been put on the ideas developed at the turn of the 19th century, including those of Robert Michels, Gaetano Mosca and Vilfredo Pareto, which the author considers to be the fullest and most original. All those ideas have been based on the presumption that the existence of elites is an obvious and indispensible fact since people are different and the natural inequality among them must be maintained to comply with intellectual, moral, or religious premises. Although, practically, all concepts of elitism have been critical of the Marxist theory or any other form of socialist ideology, most theorists hold an opinion that political elites should not isolate themselves in a closed circle, but allow at least some representatives of the other parts of society to join in. Only such ‘circulation’, they claim, can ensure durability of the elites and their survival. Some more recent concepts of political elites go further and propose that interests and aspirations of social masses be taken into account as broadly as possible. This view is a consequence of a conviction that elitism understood as a manner in which political structures function has disappeared and we are currently dealing with an objective process where different types of elites are emerging to create ‘lesser elites’, which – as the process of democratisation of public life continues – results in a gradual departure from the idea of government composed of excellent minds and personalities.
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Prawne aspekty położenia mniejszości narodowych na Górnym Śląsku w latach 1918-1939

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Maciejewski M.
Czasopismo Prawno-Historyczne
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2013
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vol. 65
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issue 1
249-269
EN
This paper discusses the legal situation of German and Polish ethnic minorities in Upper Silesia, which was divided between Germany and Poland in the wake of uprisings (1919-1921) and the plebiscite of March 1921. The discussion concentrates on the provisions of the Upper Silesia Convention (known also as the Geneva Convention) concluded by the German Reich and the Republic of Poland for fi fteen years under the auspices of the League of Nations in May 1922. Emphasis is laid on the main provisions, including the so-called fundamental rights of minorities (Art. 64-68), which were meant to ensure equal treatment and free development in the spheres of language, education, religion, etc. to ethnic minorities. The discussion also touches upon other issues – which were not fully regulated by the Convention – concerning the interpretation of the term ‘ethnic minority’ at the League of Nations and other organisations and institutions (Inter-Allied Mixed Commission for Upper Silesia), as well as in the prevailing legal opinions in Germany and Poland at that time. On the example of the views of such jurists as Bruns, Flachtbarth, Walz, Cybichowski, Kierski and Kostanecki, arguments and controversies are shown which surrounded the criteria for defi ning ethnic minorities. Over this matter two views clashed. The fi rst and more popular held a person to be member of an ethnic minority if he or she expressed their bona fi de will to be counted as one (subjective criterion). The second was based on the assumption of objective membership in an ethnic minority (criteria of language, religion, culture and tradition). In the author’s opinion, the Upper Silesia Convention contributed to the reduction of ethnic tensions in the area where it was enforced.
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