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PRINCIP KOMPARABILITY A MOŽNOSTI JEHO APLIKACE PŘI KOMPARACI ANGLOSASKÉHO A KONTINENTÁLNÍHO SYSTÉMU PRÁVNÍ KULTURY

100%
Nop M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
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vol. 104
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issue 2
170 – 188
EN
The aim of this paper is to show the possibilities and limits of the comparison of Anglo-Saxon and European continental legal cultures. In the work, it is clarified the content of the principle of comparability. Furthermore, the different historical foundations of both systems are discussed and the role of history for macro-comparative legal analysis is emphasized. The role of general philosophy in the typification of legal cultures is highlighted as well. The current dialogue between contemporary analytical and continental philosophies is reflected in the analysis of the typical way of legal thinking in the observed legal cultures. The analysis is therefore based on the application of elements of general culture to the culture of the legal system. The possibilities of such an application are demonstrated in the analysis of the way of interpretation of normative legal acts in both cultures. The similarities and differences of the methodology of interpretation of law in the diachronic perspective are also analysed. It is argued that the historical differences between Anglo-Saxon and European continental legal cultures concern not only private law but also public law, as they are based on a more general thought base typical of each culture. Methodologically, the work is based on sociological and historical forms of comparison.
2
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Apolityczność czy sprawiedliwość proceduralna? Zaufanie do sądowego wymiaru sprawiedliwości na tle innych instytucji publicznych w Polsce

86%
Skąpska G., Bryda G.
Studia Socjologiczne
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2013
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issue 1(208)
77-94
EN
The courts are crucial for political power legitimization, conflict resolution as well as harmonization of law and legal cultures of the EU Member States. Important factor in all these processes presents the public trust in the judiciary and in the law application by courts. This problem is of particular importance in the former communist countries, including Poland. In the first part of this paper, in the context of several socio-legal studies, the various historical and institutional (historical experiences, social and economic reforms) and subjective (personal contacts with the system of justice) factors are debated. These factors influence the level of trust to courts and judiciary. In the next two parts, the paper analyzes the results of surveys on the opinions about courts and judiciary conducted in Poland after 1989, and the results of our in-depth survey commissioned by the Polish, National Judiciary Council, conducted in 2009. In the conlusion of the paper we are debating the trust in courts against the background of other public institutions, in the context of political independence of courts and the procedural justice implementation. Both of them – political independence courts and fulfillment of procedural justice principle – are factors crucial for modernization and liberal democratic consolidation in the contemporary Poland.
3

THE CRISIS OF SOCIAL CONFIDENCE TOWARD COURTS

86%
Daniel K.
Studia Socjologiczne
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2007
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issue 2(185)
61-82
EN
One of the most striking changes we have already observed in the Polish society is a rapid decrease of social confidence toward courts and judges. As some studies have revealed, society under communism and during the first decade after its collapse had a rather positive attitude toward courts. That attitude towards judicial practice became increasingly critical at the end of nineties when the percentage of positive opinions of judicial decisions dropped to the level below 60%. A 2000 study carried out on a national sample by a group of scholars from the Department of the Sociology of Law of the Jagiellonian University indicated that only 29% of Poles positively evaluated decisions in civil courts and only 24% of them thought that sentences in criminal courts were fair. The respondents indicated the following as most significant reasons for injustice in courts: corruption (involving judges, prosecutors, solicitors in particular as well as court officials), bad, unfair law, distressing delay in adjudication and political preassure exerted on judges. The explanation of this apparent paradox - little social confidence in court and judges in the democratic Poland - lies probably not so much in the individual experience with courts but is created by the way in which media present courts and judges, very often concentrating on the negative aspects of their activity. According to majority of judges who took part in the study of 2000, journalists who work as intermediaries between the court and society are often unwilling to present objective or positive aspects of court activity. It should be noted that such, not always just, criticism can undermine the social confidence toward administration of justice and thus to the whole social order.
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