Search results - CEJSH

1

A Bystander or a (Passive) Witness? A Few Remarks on the Consequences of the Choice of Terminology in Research into the Shoah or the Holocaust

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Karwowska B.

Roczniki Humanistyczne

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2019

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vol. 67

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issue 1: Literatura polska - Selected Papers in English

141-148

EN

The Polish version of the article was published in Roczniki Humanistyczne vol. 64, issue 1 (2016). The article is an attempt at an analysis of the usefulness of the concept of “bystander” that is becoming increasingly popular in social sciences, and in modern studies of the Shoah and the Holocaust. The author points to objective terminological dependencies, but she also takes into consideration the differences in the historical and cultural experience that require different perceptions of the role of witnesses in English language discourse and in the East European, and especially Polish, perspective.

2

Wykluczenie świadka na wniosek strony w procesie kanonicznym

100%

Kałduński A.

Studia Pelplińskie

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2013

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vol. 46

101-110

EN

The article is intended to help in the legal processes undertaken by the Church’s tribunals. According to the can. 1555 of the Code of Canon Law, a party may request that a witness be excluded. The judge however, has the final authority to determine whether or not to exclude the witness. The right to present proofs, among which proposing witnesses is often the most important, is an integral element of the right of defense. Therefore, a party’s objection to the introduction of a witness must indicate a “just cause” for the exclusion. This cause would include claims that the witness is unsuitable or might include the contention that the witness has no relevant knowledge, that he or she has been coached, that his or her testimony may have been coerced or that the proposed witness is prejudiced. The possibility that the testimony of a witness might reflect negatively on the party is not a just cause for exclusion. “Just cause” for the exclusion must be shown before the questioning of the witness. There is doubt if a recourse against the decision of a judge to admit or to exclude the witness is to be made before that same judge or the collegiate tribunal or may only be appealed when the appeal is lodged jointly with an appeal of the definitive sentence.

3

The Key Witness as an Instrument of the System of Control of Organized Crime in Poland.

100%

Gabriel-Węglowski M.

Internal Security

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2013

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vol. 5(2)

127-140

EN

This article is devoted to the characteristics of the Polish model of the institution of key witnesses and the actual experience of its use since its introduction into the Polish legislation in 1998. In addition to organizational measures such as the establishment of the Central Bureau of Investigation of the National Police Headquarters, this has become one of the main instruments of criminal law used to combat the most serious crime, particularly organized crime. The introduction of a formula of absolute discharge for people involved in the offence in exchange for cooperation with law enforcement and justice and the disclosure of other offenders has become a necessity in the face of an explosion of crime after the collapse of communism in 1989 and as a result of the partial ineffectiveness of the existing methods of law enforcement. After a few years, the development of these social ills began to threaten the stability and internal security of the state. But it should be stressed emphatically that under Polish law and the rules of criminal law key witness is no “magic formula” which overturns the regulations, or is it a form of evidence which merits special weight. Polish law does not provide for a legal theory of evidence. The fact that someone is a “Crown” witness has a real, formal importance onlyto his personal situation and the substantive process, and his life (the suspension of criminal proceedings against him and ultimately a release for him from criminal responsibility, as well as the material support of the state and protection from retaliation from other criminals). The key witness is an ordinary witness within the meaning of the term as defined by the importance of his account, while the actual substantive significance of his evidence to the establishment of the truth may only result from the credibility of his evidence combined with the professional approach of all participants in the criminal proceedings and the use of all necessary tools of a fair criminal trial resulting in proper judgment on the merits of the case.

4

Blaski i cienie „popteologii” Szymona Hołowni

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Zakrzewski G. J.

Biuletyn Edukacji Medialnej

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2013

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issue 1

74-84

EN

“Pop-theology” is a form of speaking about God, the Catholic Church and all the matters of faith in a language of general, mass audience, with a high level of standardization, the theology of “non-theologians”, created by Polish journalist Szymon Hołownia. The main objectives of this work is to put together people being at the border of faith and unfaith into a deeper relationship with God. This form of speaking about matters of faith has many advantages such as accessibility and communication skills. It is also expanded by the dimension of the witness building the faith. However, it is not completely free of errors confusing important and unimportant issues, minor factual mistakes or unilateral judgments on certain topics. “Pop-theology” is an interesting phenomenon, worth of attention, interest and publicity, though it cannot be taken without any criticism as the only source of knowledge of the Church.

5

Dziecko jako świadek w procesie karnym w ujęciu teoretycznym i praktycznym

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Brulińska D., Dajnowicz D.

Nowa kodyfikacja prawa karnego

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2015

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vol. 35

85 - 105

PL

The participation of a child as awitness in acriminal trial is of particularly great importance, because sometimes the testimony of a minor is the only source of information on the offense. In this article the authors discuss interrogation of child witnesses on the basis of Art. 185a and Art. 185b of the Code of Criminal Procedure in theory and practice.

6

Sytuacja dziecka jako świadka w procesie karnym – ochrona prawna dziecka w postępowaniu sądowym

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Symber J.

Studia Ełckie

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2019

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vol. 21

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issue 2

293-303

EN

The article presents the most important issues regarding legal guarantees granted to a minor in criminal proceedings in the problem system. Issues such as the tactics of hearing a minor, the role of a child in a criminal trial, a child as a victim, the duties of a child as a witness were mentioned in it. The article also points to the issue of proper preparation of procedural bodies for conducting procedural actions involving a child.

7

Mimetyzm, parler-femme i mówienie prawdy: kobiece wypowiedzi konfesyjne w perspektywie myśli Luce Irigaray

89%

Bednarek J.

Śląskie Studia Polonistyczne

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2019

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vol. 13

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issue 1

101-112

EN

This article’s aim is to show, as exemplified by fiction and activism, that the concept of mimeticism appearing in Luce Irigaray’s early works may prove to become instrumental in overcoming difficulties associated with giving witness or uttering a confession. Though ostensibly they are uttered to “tell the truth,” or to produce the authenticity effect, thanks to Irigaray’s optics, we may gauge their efficacy under present circumstances by deconstructing their alleged veracity and the credibility of the witness-giver.

8

Pravá ruka neví, co dělá levá: technologické a metodologické proměny orální historie

88%

Liška F.

Historie – Otázky – Problémy (History, Issues, Problems)

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2021

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vol. 13

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issue 2

71-83

EN

This study deals with a reflexive sight on specifics of the oral history methods in the Czech public space and on the field of the new media instruments. It emphasizes the technological and conceptual transformations of the methods and how they are (not) interconnected to one another. The study is based on reflexive interviews with the chosen oral history agents in the Czech public space.

9

Selected Issues of the Burden of Proof in Polish Civil Proceedings

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Nepelski P.

Studia Iuridica

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2016

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vol. 68

207-218

PL

The burden of proof is a major part of the way in which the litigant in Polish civil procedure goes to favorable judgment for him or her. It may be difficult in certain situations therefore, the lawgiver introduced the presumptions. On the other hand, civil procedure has also evidence obstructions, particularly applied to the evidences named by the Code of Civil Procedure. This article shortly introduces the issue associated with it.

10

Consumer social responsibility

88%

Michalski M. A.

Annales. Etyka w Życiu Gospodarczym

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2018

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vol. 21

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issue 7

97-109

EN

In our contemporary literature and academic discourse, we often see how popular the topic of corporate social responsibility is. It will be argued that another problem, tightly linked to this issue, and strongly influencing the business environment is the consumer behaviour. This second part of business relations is often associated rather with legal demands and customer protection. The purpose of my article is to show how consumer social responsibility can help not only the corporations but also those involved in the market exchange to contribute to the common good and improve quality of millions of transactions people make every day. To become real, this responsibility needs effort-courage to witness by expressing consumer’s opinion and education. The first aspect shows how important action is in revealing values and introducing ethics into everyday market activity, the second shows that emphasizing basic economic education and expecting thorough information from companies can help build and enhance consumer awareness. This article also attempts to demonstrate the contributions of Catholic Social Thought to the problem of social responsibility.

11

Niezdolność świadków do spostrzegania lub komunikowania spostrzeżeń w postępowaniu administracyjnym i w postępowaniu podatkowym

88%

Paduch A.

Forum Prawnicze

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2018

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issue 2 (46)

78–95

EN

The study discusses main issues arising from the regulation of witnesses’ incapa- bility of perception and communication of observations under Polish administra- tive and tax proceedings. The proper collecting of evidences is the core matter of administrative and tax proceedings. In cases where hearing witnesses is necessary, identifying a group of persons capable of testifying is a key element in order to guarantee proper factual findings. Polish procedural law, administrative and tax law in detail, defines this circle by establishing groups of people who are inca- pable of testifying. The key group of persons incapable of testifying consists of those who are unable to perceive or communicate their own observations. That wording, used in the regulation of the Polish Code of Administrative Proceedings and Tax Ordinance, is inexact. In order to specify the group covered by the scope of this provision it is necessary to use not only textual, but also substantive interpre- tation. It is important to highlight that an interpretation of Polish administrative and tax proceedings in the area of capability to testify includes international treaties and the Universal Declaration of Human Rights, the UN Convention of Rights of Persons With Disabilities, and the UN Convention of Rights of The Child. The interpretation should also include science and medicine results.

12

Komparácia praktických aspektov právnej ochrany svedka

88%

Vrtíková K.

Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)

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2022

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vol. 161

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issue 8

774-790

EN

The focus of the article is the legal protection of the witness, which aims to ensure the objectivity of the witness statement, as the subjective feeling of the witness that he will not be threatened by any extraordinary forms of repression by a person acting in the procedural position of the accused, resp. The presented paper is an application of the comparative method, as its aim will be to compare the legal protection of a witness in the legal order of the Czech Republic and the Italian Republic, and from the results evaluated in this way we aim to point out the following: common and different features between domestic and foreign legislation and to evaluate the legal protection of a witness within our legal system. Last but not least, we will try to draw possible conclusions based on the analysis of foreign legislation. We believe that the presented contribution will bring clarity and considerations for the future to the discussed issues.

13

Świadeczność Leksykon świadków rozproszonej Zagłady

88%

Kobielska M., Szczepan A.

Didaskalia. Gazeta Teatralna

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2020

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issue 160

1-35

EN

The authors use the adjective ‘testimonial’ (orig. ‘świadeczny’), i.e. ‘bearing witness, confirmed by testimonies’ to propose an analysis of bottom-up figurations of the role of witness, which are present in communities living in the vicinity of uncommemorated sites of the dispersed Holocaust. The eponymous ‘testimoniality’, or the disposition for bearing testimony or being a witness, is examined as a special situation in which the sites of past violence engage witnesses, both human (e.g. neighbours and guardians) and non-human: the landscape, the biotope, objects, various gestures and relations. By proposing categories grounded in the material gathered during field research, the authors analyse functions which can be referred to as testimonial, or seeking to give testimony to the past. The result is a lexicon of testimonial actors, practices, objects and words.

14

Społeczna odpowiedzialność konsumenta

88%

Michalski M.

Annales. Etyka w Życiu Gospodarczym

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2008

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vol. 11

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issue 1

EN

In our contemporary literature and academic discourse we often see how popular the topic of corporate social responsibility is. In my opinion another problem – tightly linked to this – and strongly influencing our business life is consumer’s activity. This second part of business relations is often associated rather with legal demands and customer’s protection. The purpose of my article is to show how consumer social responsibility can help not only corporations, but all those involved in the market exchange to contribute to the common good and improve quality of millions of transactions people make every day. To become real, this responsibility needs effort – courage to witness by expressing consumer’s opinion and education. The first aspect shows how important action is in revealing values and introducing ethics into everyday market activity, the second shows that emphasizing basic economical education and expecting thorough information from companies can help build and enhance consumer awareness. In my paper I am also trying to show the contribution of Catholic Social Thought to the problem of social responsibility.

15

Rules and scope of applying means of witnesses and victims protection and assistance according to the victims and witnesses protection and assistance bill

88%

Żylińska J.

Nowa kodyfikacja prawa karnego

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2015

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vol. 38

93-102

EN

Combating crime using conventional methods is not always sufficient. Witnesses concerned about their life, health, or other goods do not always want to testify. Therefore, it is very important to ensure the sense of safety and mental comfort while they fulfil the role of a witness. Unfortunately, there are still no comprehensive solutions concerning the means and manner of support which would be regulated within the framework of a legal act aimed at protecting the witness and victim in a situation of risk derived from the provision of testimony charging the offender. Under these circumstances, the fact that on 15th July 2014, at its meeting, the Council of Ministers adopted a draft Act on protection and aid to victims and witnesses whose purpose is to establish comprehensive legal regulations concerning the victims and witnesses whose life and health may be at risk, should be regarded as a positive phenomenon. The subject of this paper is an analysis of the regulations contained in the said Act. The paper focuses on the presentation and evaluation of the means ensuring protection and help which may be applied in the situation of risk to life and health of the witness and the victim. It also discusses the premises and manner for granting the aid as envisaged in the newly drafted act.

16

Selected Issues of the Burden of Proof in Polish Civil Proceedings

88%

Nepelski P.

Studia Iuridica

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2016

|

vol. 68

207-218

PL

The burden of proof is a major part of the way in which the litigant in Polish civil procedure goes to favorable judgment for him or her. It may be difficult in certain situations therefore, the lawgiver introduced the presumptions. On the other hand, civil procedure has also evidence obstructions, particularly applied to the evidences named by the Code of Civil Procedure. This article shortly introduces the issue associated with it.

17

A Gloss to the Decision of the Supreme Court of 16 October 2014, File Ref. No. III Csk 301/13

88%

Wolak G.

Roczniki Nauk Prawnych

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2018

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vol. 28

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issue 2 English Online Version

135-154

EN

The gloss addresses the decision of 16 October 2014, III CSK 301/13, in which the Supreme Court adopted the position that a member of the governing body of a legal entity may, in principle, be a witness to making a testament in which a benefit is provided for that legal person. Similarly, in the Supreme Court’s opinion, a witness to the making of a will may, in principle, be a member of a corporate legal person for which a benefit is provided in that will. The author offers a critical assessment of that position. He considers as appropriate the view according to which a last will in which a benefit is envisaged for a legal person cannot, in principle, be witnessed by either an officer of such a legal entity, or by any member (shareholder) of a corporate legal person.

18

Okolice Zagłady. Karolina Koprowska: Postronni? Zagłada w relacjach chłopskich świadków. Kraków, Universitas, 2018, ss. 216.

75%

Janik G.

Narracje o Zagładzie

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2019

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issue 5

390-403

EN

This text reviews Karolina Koprowska’s Postronni? Zagłada w relacjach chłopskich świadków [Bystanders? The Shoah in Peasant Accounts]. By means of Hilberg’s triad of perpetrator–victim–witness, the review analyses the shifts in perception of bystanders, inaugurated by Claude Lanzmann’s Shoah and two texts: Jan Błoński’s “Biedni Polacy patrzą na getto” [“Poor Poles Look at Ghetto”] and Jan Tomasz Gross’s The Neighbors. Moreover, this analysis emphasises the fact of growing academic interest in the “peripheries of the Shoah,” taking place in the early 21st century, and investigates recent publications in Polish Holocaust studies that postulate the re-definition of the witness as a cultural category. According to the review, Koprowska’s book can be devoted into two parts: theoretical one and analytic one. The former gathers different conceptualisations of a bystander, introduces the reader to the situation of Polish countryside in the times of the Shoah, and describes the strategies of bystanders, who are referenced as locals inherently belonging to the topography of a peasant landscape. The latter – and more important – part is dedicated to the category of silence, but also to that which leaves something unsaid. Koprowska distinguishes three types of such a trope: the repressed story (exemplified by Paweł Łoziński’s Miejsce urodzenia [Birthplace]), the strategy of “looking but not seeing” (exemplified by the applications to “Describe my countryside” competition), and descriptions abundant in metaphors and generic links to fairy tale (Tadeusz Nowak’s oeuvre). The conclusions of the review are supplemented by the reference to Mordechaj Canin’s Przez ruiny i zgliszcza. Podróż po stu zgładzonych gminach żydowskich w Polsce [Through Ruins and Remnants. A Journey through One Hundred Jewish Communities in Poland after the Holocaust], which explores the positions of Polish peasants regarding the Shoah.

PL

Artykuł recenzyjny jest omówieniem książki Karoliny Koprowskiej Postronni? Zagłada w relacjach chłopskich świadków. Autor, wychodząc od Hilbergowskiej triady sprawca – ofiara – świadek, analizuje zmiany w postrzeganiu kategorii bystanders zapoczątkowane wraz z premierą filmu Shoah Claude’a Lanzmanna oraz publikacją eseju Jana Błońskiego Biedni Polacy patrzą na getto i książki Sąsiedzi Jana Tomasza Grossa. W tekście zwrócono uwagę na rodzące się na początku XXI wieku zainteresowanie „obrzeżami Zagłady” oraz przywołano najnowsze stanowiska polskich badaczy, którzy postulują redefinicję kategorii świadka. Opisując monografię Koprowskiej, recenzent dokonuje jej podziału na dwie zasadnicze części – teoretyczną oraz analityczną. W pierwszej z nich autorka przywołuje różne koncepcje dotyczące kategorii postronnego, wprowadza w obszar badań nad polską wsią w czasach Zagłady oraz opisuje strategie działania postronnych, których prezentuje jako okolicznych, a więc nierozerwalnie związanych z topografią wsi. Druga, najważniejsza część pracy poświęcona jest kategorii (prze)milczenia. Koprowska wskazuje jej trzy rodzaje: opowieść tłumioną (przedstawioną na podstawie filmu Pawła Łozińskiego Miejsce urodzenia), strategię „widzenia, ale niedostrzegania” (analiza prac przesłanych w ramach konkursu „Opis mojej wsi”) oraz metaforyczność i baśniowość opisu (twórczość Tadeusza Nowaka). Uzupełnienie recenzji stanowi nawiązanie do reportażu Mordechaja Canina Przez ruiny i zgliszcza. Podróż po stu zgładzonych gminach żydowskich w Polsce opisującego postawy polskich chłopów wobec Holokaustu.

19

W kwestii kolizji art. 180 § 2 kodeksu postępowania karnego i art. 6 Prawa o adwokaturze

75%

Mądrecka E.

Nowa kodyfikacja prawa karnego

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2012

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vol. 28

147-160

EN

The article analyzes legal professional privilege in the light of provisions of the Advocate’s Profession Act, the Code of Criminal Procedure and the Code of Professional Ethics and Conduct for Advocates. The author raises the question of conflict between Art. 180 § 2 of the Code of Criminal Procedure, which regulates the advocate’s testimonial privilege and its possible waiver by court’s decision, and Art. 6 of the Advocate’s Profession Act, which treats advocate’s privilege as an absolute rule. The article also comments on the views presented in the doctrine and in judicial decisions. In addition, the author provides an interpretation of the legal regulations/norms and discusses the conflict of legal rules between these regulations. For the purpose of comparison, the article also reviews the situation of advocate–witness in civil and administrative procedures. The legal analysis concludes with proposals de lege ferenda.

20

„Jakaś groza wieje od tych pól ponurych” – świadkowie i dziedzictwo masowych, drugowojennych zbrodni w Dolinie Śmierci w Chojnicach

75%

Kobiałka D.

Folia Praehistorica Posnaniensia

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2021

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vol. 26

123-144

EN

This paper discusses the results of the research carried out in a project entitled An archaeology of the Death Valley. First, the historical context related to mass killings on the outskirts of Chojnice during the Second World War is sketched. Then, the results of the archaeological field research are presented. The last part is about ethnographic research which allowed to document various memories related to mass killings in the Death Valley as well as human and non-human witnesses of these events. The idea behind this paper is to show that archaeology and ethnography are crucial in discovering and documenting sites of mass killings and their heritage.

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