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EN
This article can be described as a legal-sociological take on the constitutional norm that defines the character of political representation in democratic Poland. Although this norm refers to the purely representative character of democracy, it differs from the expectations of society, which regards elected representatives as dependent on the will of the electorate even beyond election day. Research shows that elected representatives have very varied opinions on their role. When they consider the voting prerogatives of national minorities or the quota representation of women, it is sociographic representation that they have in mind. As for the representation of opinion, they agree on some points and differ over others, recognising the latitude of their mandate, supporting referenda, but also limiting their legal significance. They also describe the subject of representation and the nature of the ties it is based on in different ways. Some feel themselves entirely dependent on society, while others aim to express the interests of only certain segments of society. This leads to the claim that such variability in conceptions and interpretations is the strength of representation. Sociologists in general, and sociologists of law in particular, must bear this fact in mind when interpreting the process that takes place within the great legislative factory.
EN
The paper is devoted to work and life of the important Czech expert in civil law Emil Svoboda; 140th anniversary of the birth will commemorate in October 2018. Emil Svoboda among others contributed to the foundation of the Faculty of Law of Comenius University in Bratislava, where he worked as one of the six founding professors in the first half of 1920s. Svoboda started his academic career before World War I at the Czech Technical University in and the Charles University in Prague. He refused traditional dogmatic that dominated legal science in Czech lands by a sociological, psychological and philosophical approach. His lawyer thinking was influenced more by Schopenhauer, Dostoevsky and Masaryk than by professors of law (with the exception of Emanuel Tilsch). Svoboda defended the idea that “a paramount measure of the sense and value of law is life and its need”. He believed that law should be evaluated in particular on the basis of ethical criteria. In the atmosphere of legal positivism of that period Svoboda was regarded as a solitaire, but his views did not sink.
3
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MAX WEBER A SOCIOLÓGIA PRÁVA

80%
Sociológia (Sociology)
|
2012
|
vol. 44
|
issue 5
621 – 637
EN
This article focuses on the sociology of law in the work of Max Weber, and some problems related to its reception in legal thinking. As a social and legal thinker, Weber had long been stigmatized as a representative of “bourgeois pseudo-science“ in Slovakia and his original works on the sociology of law were unavailable for decades. Thus, the reception of his sociology of law suffers due to this discontinuity. An analysis of Weber’s sociology of law can divide his ideas in two categories: 1. law and social statics, including social structure and related issues, 2. law and social dynamics, including actors of societal changes. This paper stresses two key problem fields in his sociology of law: 1. the reflection of extralegal factors in the content of law and 2. the formalization of the social role of participants in legal relations by means of the construction of “legal status.“ The author claims that focusing on these two topics, together with the concept of rationalization, can broaden our contemporary knowledge about law and society.
EN
Author discusses the phenomenon of Amnesty International as a global social movement. This issue will be presented on the example of the Polish branch of Amnesty International Association. For this purpose, official data will be presented, taken from reports and studies published by the Association. Studies, which directly relate to the activities undertaken by Amnesty, will be also referred to (e.g. reports and outlines from school lessons on the subject of human rights). The aim of this work is not only to describe the activities of the Association but also to show the phenomenon of a social movement Amnesty International. In addition, author attempts to answer the question, whether the formula of Amnesty International movement makes its actions effective and thus contribute to protection of human rights? For this purpose, the analysis of Amnesty International’s actions will be accompanied by a presentation of social movements’ theories.
EN
Phenomena expressed as social interests are examined in the study. Two main domains are touched: (1) the battle of written and unwritten law in the field of the manifestation of environmental interest; and (2) the role of the society involved in environmental protection. Problematic points arising in historical ages - including the present one - are highlighted by conceptual means of sociology and philosophy of law, and of comparative law. The author forwards some solution though it might be in contrast to parallel viewpoints.
6
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Niejednostajność prawa

61%
EN
The article deals with the issues of non-uniformity of law, as the opposite of uniformity of law, which is today regarded by lawyers as an equivalent to unification and codification of law. Lack of clarity, stability and certainty of law, as well as the objectification of law by the state, resulting in inflation of law or defects of legislative techniques, are not the only causes of non-uniformity of law. Therefore, the problem is perceived in a wider sense – as a state of imbalance between social norms of which legal order consists. The article examines in detail current social determinants of the lack of uniformity of law in Poland.
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