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1

Globalisation and its impact on civil society: philosophical, legal and sociological aspects

100%
Duszka-Jakimko H.
Wroclaw Review of Law, Administration & Economics
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2011
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vol. 1
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issue 1
22-37
2
Content available remote

Alternatywne formy rozwiązywania sporów – tradycje anglosaskie w kontynentalnej kulturze prawnej

100%
Duszka-Jakimko H.
Opolskie Studia Administracyjno-Prawne
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2011
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vol. IX
81-92
EN
The paper undertakes to sketch the factors which shape the development of alternative, deriving from the culture of common law, forms of settling legal disputes (ADR – Alternative Dispute Resolution) in the Continental culture (of the constituted law). The literature of the subject popularly includes the following modes in the non-adjudicative (out-of-court) methods of ADR: negotiation-based, mediation-conciliatory and arbitral. The paper points to the phenomena of globalization, proceduralization, and – in particular – to that of convergence of legal cultures and the communication-related vision of law as a cause behind the development of ADR in the culture of constituted law. As it follows from the analysis carried out by the author it is the concept of convergence of cultures, together with the negotiation-communication attitude of participation in the culture, which determine the chances, significance and lines of implementation of the idea concerning out-of-court methods of resolving disputes within the tradition of constituted law.
3

Civil society in Poland in the 1990s. Ideas and their reflection in the Constitution and in jurisprudence

63%
Duszka-Jakimko H., Kozerska E.
Studia nad Autorytaryzmem i Totalitaryzmem
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2013
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vol. 35
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issue 1
27 – 43
EN
Civil society is the term being in the interest of many branches of science. Through centuries in different legal and social systems the above-mentioned term has been named as: koinōnia politīke, societas civilis, civil society or bürgerliche Gesellschaft. The idea of civil society was and still is a basic condition for the democracy model and for the organization of community life in contemporary societies. In many modern perspectives on the civil society there is a common denominator unrelated to the legal capacity of the state. From that background the crucial question to be posed is about the place of an individual in the functioning of civil society and it should be related to communitarian and liberal conceptions of an individual which takes part in an ontological foundation of society. According to the normative analysis, the idea of the civil society is present in the legal systems of democratic states including developing democracies of the Central and Eastern Europe. The subject matter theory finds that the idea of civil society entirely gains in value only when related to the principle of subsidiarity. It assumes primacy, independence and autonomy of an individual in meeting his needs before the needs of social communities, especially before the needs of the state as the “highest being”. Thus in an active democracy a great importance is placed on the development of the so-called third sector, right to associate, non-discrimination, political pluralism, functioning of associations supporting activities of an individual in the public space.
4
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Konsensualny charakter procedury jako konstytutywna cecha ADR

63%
Duszka-Jakimko H., Haczkowska M.
Przegląd Prawa i Administracji
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2013
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vol. 94
57 - 77
EN
Consensual importance of the law is an increasingly emerging issue in contemporary reflection on law. Alternative legal dispute resolution (with Alternative Dispute Resolution — ADR), which includes the basic methods of negotiation, mediation, conciliation and arbitration, is one of the manifestations of this thought. This article, highlighting the various methods of ADR, shows the importance of the consensual nature of the procedure as one of the constitutive conditions of the agreement which was the basis for legitimizing solutions in a legal dispute within the ADR. The article takes into account the Polish legal system, extracts and presents different criteria, such as subjective criteria, jurisdiction, the degree of formalization of procedures, grounds for jurisdiction, of the power and coercion, making references, comparatively, to the court procedures and ADR procedures. The wording of the above criteria allows to determine the ADR procedures as consensual procedures, based on the agreement of free, independent entities, as well as on certain values and conditioned by a legal culture.
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