Search results - CEJSH

1

State and Mafia, Differences and Similarities

100%

Alfano V.

Studia Humana

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2015

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vol. 4

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issue 1

3-11

EN

The purpose of this article is to investigate about the differences and, if any, the similarities among the modern State and the mafia criminal organizations. In particular, starting from their definitions, I will try to find the differences between State and mafia, to then focus on the operational aspects of the functioning of these two organizations, with specific reference to the effect/impact that both these human constructs have on citizens’ existences, and especially on citizen’s economic lives. All this in order to understand whether it is possible to identify an objective difference – beside morals – between taxation by the modern State and extortion by criminal organizations. With this of course I do not want to argue that the mafia is in any way justifiable or absolvable, nor that it is better than the State. However, I want to investigate whether there is a real, logical reason why the State should be considered by the citizens more desirable than the criminal organizations oppressing Southern Italy, from a strictly logical point of view and not from the point of view of ethics and morality.

2

The theory of self-government in the first CSR:

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Siskovič Š.

The Lawyer Quarterly

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2020

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vol. 10

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issue 3

293-304

EN

In the first CSR, mainly under the influence of normative theory, several legal scientists began to focus on the public-law branches of law. Administrative law and self-government were not exceptions. The main subject of the dispute in terms of self-government consisted of the different view of its status and purpose in society. On the one hand, in the first CSR we are confronted with the political concept of self-government and, on the other, the legal concept of self-government. The theory of a political concept of self-government was based on the historical origin of self-government before the state, and on the idea that self-government is a collective equivalent of an individual with natural and inalienable rights. From this statement, several theorists have inferred that self-government is necessarily an existing union with the original power. On the contrary, the theory of the legal concept of self-government was based on the fact that, despite the historical origin of self-government, the state is the only sovereign on its territory. Therefore, self-government is only an entity with delegated power and a clearly defined sphere of competence, therefore self-government is a union created by the state.

3

Corruption as a Threat to the Rule of Law in a Democratic Law-Observing State

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Hrynicki W. M.

Security Dimensions: International & National Studies

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2020

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vol. 34(34)

158-183

EN

This paper shows that corruption constitutes a threat to the rule of law in a democratic law-observing state, destroying it from within and ridiculing it outside. It destabilises social relations in such a state, which adversely affects the political system as well as the development of legislation and economy. The paper also reminds that corruption erodes social relations, causing demoralisation and slackening of morals in society. Corruption may also be a threat to the life, health and property of citizens. The author tracks views about corruption using the method of theoretical analysis of the notions (critical analysis of secondary sources); the statistical method, mainly analysing the latest Corruption Perceptions Index (2019); and the dogmatic-legal method. He concludes that corruption destabilises multiple areas of the functioning of a democratic law-observing state, disrupting the political space, spoiling the law, and causing destructive phenomena in the economic as well as in the moral sphere. It ultimately destabilises state structures, rendering them dysfunctional and perverting the principles of democracy. Corruption interacts with legality acting as a feedback loop, as it destroys the rule of law and democracy, which in turn deepens corruptive phenomena.

4

EXTRÉMNA DISPROPORCIONALITA, ÚSTAVNO- PRÁVNE A TEORETICKO-FILOZOFICKÉ VÝCHODISKÁ A LIMITY JEJ APLIKÁCIE PRI AKTUÁLNOM STRETE KATALOGIZOVANÝCH ZÁKLADNÝCH PRÁV A SLOBÔD JEDNOTLIVCA A OCHRANY VEREJNÉHO ZDRAVIA

80%

Korn F.

Central European Papers

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2022

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vol. 10

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issue 1

61-77

EN

On the basis of philosophical-legal and constitutional-theoretical premities the present article analyses aspects which are present in the current decision-making of the Constitutional Court when assessing the compatibility of legal acts of public health with constitutional texting in their broadest definition de constitutione ferenda and de constituitone lata emphasising the need to return to the sources (ad fontes) of continental legal culture in any constitutional analysis carried out of the clash of fundamental rights and freedoms of the individual and of the public interest presented by the State. By using mainly logical methods, the author of the article, with an approach from general to specificity, points to the need to maintain the highest possible level of content of the principle of legal certainty, even at the hierarchically piedestal level of regulation of social relations in applying of the constitutional text by the Constitutional Court of the Slovak.

5

Prejavy ideového pluralizmu a indoktrinácie vo filozofii Štefana Polakoviča a maximiliána chladného-hanoša v rokoch 1939 – 1945

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Lapošová M.

Prosopon. Europejskie Studia Społeczno-Humanistyczne

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2013

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issue 1(5)

137-148

EN

This article is an attempt to clarify the situation after the rise of Slovak State. Its politics, ideology and philosophy of nation. It is focused on philosophy of Š. Polakovič and M. Chladný-Hanoš from the perspective of dogmatism and pluralism in their thoughts. The paper analyse 'ideology of slovakian national socialism', which is faced with Christ's nationalism' and ' German national socialism'.

6

The Role of the Border Guard in Ensuring National Security

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Surina I.

Security Dimensions: International & National Studies

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2020

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vol. 33(33)

134-147

EN

Background: Border protection is an extremely important area in ensuring the national security of each country. Objectives: The purpose of this article is to show the role of the Polish Border Guard in the area of Poland’s national security. The Border Guard in Poland is responsible for ensuring state security and responding to emerging threats using available methods and tools. Methods: To identify the role of the Border Guard in maintaining state security, an analysis of the literature on the subject was made. Results: The role of the Border Guard in ensuring state security is extremely important. Conclusions: Today, security issues have become very important both from the point of view of the individual and the country.

7

Models of Development and Management of Brazilian University Sports: An Interpretation according to its Relationship with the State

80%

Starepravo F. A., Souza J. d., Marchi Júnior W.

Physical Culture and Sport. Studies and Research

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2013

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vol. 58

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issue 1

33-42

EN

The present study is intended to discuss the way in which the state is constituted as a major element for the management of Brazilian university teams, pointing out, above all, the most recent moment that represents a hybrid model of development. To do so, empirical resources of research has been used: 1. Documents that belong to the file of the FPDU (an institution in the state of Paraná which is in charge of university teams), 2. The existing legislation on the theme, 3. Interviews with some of the agents who took part in the FPDU as members of the directory board throughout its history. It has been concluded that the state is directly responsible for the development of university sports in Brazil, mainly because between them there is an inter-dependence relationship through the financial support of sports.

8

Podział władzy państwowej jako przesłanka jej legitymacji

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Małajny R. M.

Przegląd Sejmowy

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2014

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issue 3(122)

9-28

XX

The author begins by presenting the meaning of the concepts of „legitimacy” and „legitimization” of power. The former means the authority of power, respect for it and its acceptance by citizens. The latter is the process aimed at justifying the legitimacy of power. One of the basic premises legitimizing the power of the state in the institutional (legal) terms is the idea of its division. This idea emerged during the English revolution (1640 –1660), giving rise to the relevant concepts and doctrines. These views were later developed, so that by the end of the eighteenth century the theory of separation of powers has been well established. Looking at this theory in the context of legitimizing the state power, we should fi rst point to its guarantee nature in relation to freedoms and rights of the individual. This character was already noticed by the pamphleteers of the English „Great Rebellion” and, then, by such great thinkers as John Locke, Charles de Montesquieu, the America’s Founding Fathers, the authors of the French Declaration of the Rights of Man and of the Citizen of 1789, and others. As a normal course of events, this legitimizing nature of the idea of separation of power was sometimes denied. The critics argued that this idea is not compatible with the ideas of sovereignty and democracy. The author polemicizes sharply against these views, claiming that the division of power can be safely classifi ed as rules of „constitutional natural law” or simply acquis constitutionnel, since it is considered a „universal basis for a constitutional democracy.”

9

Informal Institutions in the Corporate Governance System in Russia

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Fiedorczuk M.

Annales. Etyka w Życiu Gospodarczym

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2016

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vol. 19

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issue 4

101-111

PL

-

EN

The corporate governance system in Russia, having evolved through years, can be characterized by the following features: the dominant role of the concentrated ownership structure, corporate supervision relying on a combination of ownership function and company management, the significant role of the state as the owner, and the fairly marginal relevance of external market mechanisms. Those features result partly from particular legal solutions and partly from the unwritten, informal customs or patterns of behaviour of the so-called informal institutions.The article’s main thrust is to analyse selected informal institutions which were considered the most significant from the Russian corporate governance system point of view. These are, among others: the tendency not to obey the rights of minority shareholders, informal relationships of enterprises with authorities of various levels, and corruption. The author assumes that informal institutions decide upon the specificity of the corporate governance system in Russia and its particular elements, and upon the efficient functioning of supervisory mechanisms.

10

The Transfer of Governance from the Nation State to a Corporate Global Economy

80%

Vargas-Hernández J. G.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2012

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issue 2.3(20.3)

125-134

EN

The article describes how transnational corporations, international organizations, and supranational institutions play an increasingly important role in the global economy. The complex array of relationships involves political actors – states and their associations, as well as market entities, which – by getting stronger – enter in competition with states for dominance in the global market. The increasing competition between state and international corporations limits room for society (societies), reserving for them sometimes a marginal position.

11

Konstytucyjno-prawna analiza relacji między państwem a kościołami i związkami wyznaniowymi w niemieckiej Ustawie Zasadniczej

80%

Tkaczyński J. W.

Przegląd Zachodni

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2022

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issue 3 (384)

89-96

EN

The aim of the article is a constitutional-legal analysis of the relations between the state, churches and religious associations in the Basic Law for the Federal Republic of Germany. The structural flexibility of the Basic Law for the Federal Republic of Germany (Grundgesetz, GG) is surprising in two ways. Firstly, because, conceived in 1949 as a provisional constitution, it proved to be not only a remarkably durable creation but also a useful(and convenient) tool with which the restoration of German-wide state unity was accomplished in 1990. Secondly, however, because of the regulation of Article 140 of the Basic Law. For it is not often that we come across a regulation in the text of a constitution currently in force, whereby the provisions of the previous basic law are transferred to the new one in their entirety and without any changes. The case in the German constitutional reality pertains to the relations between the state, churches and religious associations. According to article 140 of the Basic Law, the regulations of articles 136, 137, 138, 139 and 141 of the Weimar Constitution (Weimarer Reichsverfassung, WRV) indeed constitute an integral part of the Basic Law of 23 May 1949. The author puts forward the hypothesis that if one views the current German constitution (but with old regulations) from the perspective of its flexibility, it can be said that the systemic separation of church(es) and state, known and practiced in the world since the French Revolution of 1789, is not (and was not) the model of state/church separation in Germany, i.e. one in which the state maintains religious neutrality, and the churches remain autonomous in their activities in relation to it.

12

Amerykański nacjonalizm

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Kasiński K.

Sprawy Narodowościowe

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2012

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issue 40

EN

The phenomenon of American nationalism dates back to the pioneer times of the Pilgrims and Founding Fathers who established first social and political relations creating origins of a future developed country. Throughout the past centuries the term “nationalism” from an American perspective was tangled to various definitions and sometimes official politics of the state. American nationalism was first represented by faithful Protestant settlers who believed strongly in a God’s destined society. Based on that the first definition was coined by John Winthrop in his poem “City upon a hill” – idea of a land deprived of evil in all of its emanations, which is not distant and obeys the will of an Absolute. One of the Founding Fathers – Thomas Paine in his Common Sense developed Winthrop’s idea and presented Americans as people with unlimited abilities. American writers and first colonists believed in a Biblical promised land that offered them unlimited abilities of self-growth. This strength of a self consciousness paved a way to a scientific term of super-patriotism. Coined by Michael Parenti, this term encompasses both democratic ideas of Alexis de Tocqueville and vision of a self-made man, who is the organizer of American statehood. American nationalism is also a derivative of ideology of americacentrism with its roots in the 19th century concept of Manifest Destiny proclaiming a nation that is endowed with an eternal right to secure the world for democracy. This idea has been a long term debate in American political and social life as United States became more and more involved in international affairs since the beginning of 20th century. In sum, the idea of American nationalism is the result of American melting-pot of religious, cultural and specific historical circumstances that built this nation.

13

The model of radio broadcasting in the second polish republic. Concepts – struggle for the license – experimental radio of the Polish radio technical

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Kaszuba E.

Społeczeństwo i Ekonomia

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2014

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issue 1 (1)

133-153

EN

The Second Polish Republic was re-established as a whole composed of peripheral areas of three powers. In these circumstances, after regaining independence, the idea of restoring unity at various levels became the focus of the Polish raison d’etat. At that time the radio, which at the end of World War I revolutionised communication and the transfer of information, could prove useful in supporting the process of unifying the state and society by means of extensive propaganda campaigns. Two main attitudes were presented in a public debate on the shape of the national radio in Poland. The citizens’ movement promoted a model of the radio as a monopolistic organisation subject to the State, operating on the basis of a license and subscription, responsible for carrying out a mission for the benefit of the state and society. Polish Radio S.A. preferred the private and commercial model of radio. In this configuration, two interesting personalities faced each other, Zygmunt Chamiec with the support of Polish Radio and Stanisław Odyniec, a participant and co-coordinator of the social radio amateur movement for the development of national broadcasting, closely associated with the Polish Radio Technical Society.

14

Państwo w pismach wybranych przedstawicieli polskiej myśli konserwatywnej

80%

Pabich M.

Roczniki Nauk Społecznych

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2018

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vol. 10(46)

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issue 4

147-164

PL

Artykuł poświęcony jest problematyce państwa wyłaniającej się z tekstów współczesnych polskich myślicieli konserwatywnych, publikujących w Ośrodku Myśli Politycznej. Omawiani autorzy przywiązują dużą wagę do kategorii państwa i przedstawiają rozmaite postulaty dotyczące jego funkcjonowania. Niektórzy z nich akcentują przede wszystkim konieczność przebudowy instytucji tak, aby były one zdolne do służenia interesowi państwa. Państwo silne to takie, którego instytucje są zdolne do wcielania w życie na całym swoim terytorium ustalonej wcześniej polityki. Wzmocnienia wymaga przede wszystkim przywództwo państwowe, czyli w polskich warunkach urząd premiera. Inni z omawianych autorów wskazują z kolei na potrzebę budowania wspólnoty politycznej, opartej na wspólnych wartościach, symbolach oraz pamięci historycznej. Sprzyja temu prowadzenie przez państwo aktywnej polityki historycznej.

EN

This article is dedicated to the state issues presented in the works of contemporary Polish conservative thinkers who publish their works through the Centre for Political Thought (Ośrodek Myśli Politycznej). In such, the selected authors attach great importance to state categories and put forward various demands pertaining to the functioning of state. Some of these emphasise the need to revamp state institutions in order to best serve the public interest. Herein, the held opinion is that a strong state is a state whose institutions are capable of implementing established policies throughout the state territory, hence, above all, the state leadership (in the Polish reality, the office of Prime Minister) needs to be strengthened. In contrast, other authors indicate the necessity of building a political community based on commonly held values, symbols and historical memory – and the promotion of active historical polices by the state could aid doing so.

15

Public Sector’s Principal-Agent Theory in a Global World

80%

György A.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2012

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issue 2.3(20.3)

101-107

EN

The problem of institutionalization and the impact of institutions on individual and collective action is discussed by Attila György in his article. The author focuses on communication processes that take place at various levels of the state and society. Participants’ behaviour (public and private actors), administrative and legal regulations influence the quality and effectiveness of communication. The article examines the factors determining the model of power distribution and how it shapes interaction between individuals and institutions.

16

Racja stanu jako suwerenność państwa in actu

80%

Danek A.

Przegląd Geopolityczny

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2015

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vol. 13

7-16

XX

The article above attempts to clarify relation between notions of sovereignty and reason of state. Both notions refer to the same matter – state. Author explicates an argument according to which state sovereignty in international relations depends on its amount of power while reason of state is a demand of permanent enlargement of state’s power. Implementation of reason of state leads to increase and enhancement of state sovereignty.

17

Społeczeństwo obywatelskie a moralność

80%

Gałkowski J. W., Kanafa Ł.

Annales. Etyka w Życiu Gospodarczym

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2010

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vol. 13

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issue 1

EN

Civil society was defined in various ways. Among others, J. Locke, G.W.F. Hegel and A. de Tockeville presented the most relevant characteristic of what civil society is or could be. For the purpose of the paper we distinct civil society and the state. To the first one we assign spontaneity and diversity, the second we treat as procedural and homogeneous. In the paper we will stand for the thesis: civil society is the nest of virtues and as such characterized plays one of the most prominent parts in contemporary social and political reality. The problem is not that presently civil society does not exist. The problem is that once it was established within the state, it has been developed in such a way that it became a hybrid combined from the state and what could be called apolitical human activity. The core of the problem is that the hybrid is more political than apolitical. To the essence of civil society belong: existence of free associations of any kind, economy free from political coerce as much as it could be and public sphere of opinion, all organized in such a political way that the political power is limited by division of it to three independent institutions: a legislature, an executive and a judiciary and also by the law. A ground for apolitical human social activities was prepared by J. Locke in his political theory. The state is one of possible emanations of apolitical society in the state of nature. Montesquieu expanded such a vision of society that it exists within the state but the state itself is limited by division of political power and civil rights which allow the members of the society to protect their freedom and dignity. Moral civil society we are developing protect the citizens from overwhelming influence of the state and particular egoisms of individuals. As such it promotes moral activity, it brings trust to the public sphere and it protects human dignity.

18

The State as a Learning Organization and Cybersecurity

80%

Szreniawski P.

Cybersecurity and Law

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2022

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vol. 8

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issue 2

36-43

EN

In a contemporary state, cybersecurity is becoming an increasingly important issue. In order for a state to adequately respond to changing threats, it must be a learning organization. Learning about cybersecurity should include specialist knowledge, but also knowledge about cybersecurity shaping the behaviours of the general public and policy makers. Legal regulations are an important instrument of shaping cybersecurity in a learning state.

19

International conditions of the internal security of state

80%

Wawrzusiszyn A.

Securitologia

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2015

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issue 1(21)

143-162

EN

Ensuring a high level of internal security is an important element of the internal policy of the state. Internal security policy cannot be an individual and independent action, because it has to take into account the international environment. The emerging international order has a significant impact on the internal security of the state. Today's internal security and external security are closely linked. Threats from outside can be easily transformed into internal threats. Therefore, measures to ensure internal security have to be interdisciplinary.

20

Stan badań nad monodią liturgiczną apostolskiego kościoła ormiańskiego

80%

Kopczyński J.

Seminare. Poszukiwania naukowe

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2012

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vol. 32

227-241

EN

The article discusses the state of research on liturgical monody of the Armenian Apostolic Church. This monody is a collection of musical and literary works, coming mostly from the period from the fifth to the fifteenth centuries and performed during the liturgy of the Armenian Apostolic Church. In the Middle Ages khaz (neumatic) systems were developed for recording the melodies of monody, but most of the systems have been forgotten. In the nineteenth century in several centers of Armenian culture, melodies of that monody were written down from the oral tradition with the so-called new Armenian notation. Studies of the monody since the eighteenth century were followed by both researchers of Armenian origin, as well as other nationalities, but to this day no university has established any entity, which could be regarded as a center for research on liturgical monody of the Armenian Apostolic Church. In the world literature no monograph has been written, which would include general issues concerning the liturgical monody of the Armenian Apostolic Church. There are several lines of research on this monody: history, theory and khazology (neumology), retrieving, processing and cataloging sources, the study of medieval commentaries on sacred music, the study of various kinds of the monody, and finally performance practice in the liturgy of the Armenian Apostolic Church. There are difficulties in conducting research on this monody, including scattered sources and limited contact between researchers from Armenia and other countries. The final conclusion of the work is that the issues concerning the Armenian Apostolic Church monody not yet been sufficiently studied.

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