Suchergebnisse

The analysis of sexual differences in the representations of illnesses and patients in Polish medical literature in the 1840s shows that female and male patients were depicted in different ways. While female bodies were shown as open, vulnerable and malleable, male bodies were fortified, closed, and resistant. These two modes of representation entail two different concepts of illness: while women's illnesses were caused by external factors, men's maladies were believed to be the result of a distortion of inner balance. Interestingly, in the period discussed, there was more and more scientific evidence to support the 'feminine' concept of illness. Doctors projected the new vision of malady only on women, equating femininity and modernity and depicting them as dangerous forces disturbing the previous autarky of the men's world.

PRECEDENTIAL PRACTICE IN THE STATUTORY LEGAL ORDER.BASIC DETERMINING FACTORSThe purpose of the paper deals with the consideration of the several basic factors determining the development of the precedential practice in the statutory legal order. Such practice might be defined at the using the previous judicial decisions in the actual decisional process in the validation or derivative aspects of the operational interpretation of law, with potential adaptation of some so­lutions from the common law order. Among the favorable factors for the shaping of this practice one might find the maturity and the positive attitude of the judiciary, features of the specific decision-making process, the attitude of the legal doctrine, social acceptance of the active role of the judiciary bringing potentially ethical correction to the legislative regulations, the technical and informational skill in identification of the needed decisions, the reliable evaluation of the candidate for the position of judge, as well as the functioning of the principles of division of powers, rule of law and independence of judiciary, being elements of the democratic political system. On the contrary, the autocratic political system keeps the position of the strongest counter­-favorable factor to the precedential practice. One of the reasons deals with lack of the control of such practice from the center of political power, what brings the instruments that through the de­gradation of the above mentioned principles of democratic system, restrict the precedential judicial practice.

The role of social sciences in the projects of programs and social reformsThe subject of the article is the problem with applying social science knowledge to programs and projects of social reforms. Two aspects of the issue have been pointed out. The first refers to the role of social sciences as an intellectual backdrop for social reform programs, while the other shows the consequences of a specific defi­nition of reform and assigning it a high or not position in the scale value of social activities and the practice of its implementation. The question arises about the nature of reforms in Poland, from the 1990s to the present. In three interrelated parts, the origins and development of social sciences have been presented, answering the question of how to support social policy with social science knowledge as useful knowledge, and a refer­ence to social reforms in Poland after 1989 has been made. The article ends with a conclusion that the potential success of the reforms is affected by the cooperation between social sciences, the world of politics and society.

The article presents an analysis of one of the main companies in pre-war Poland. The author describes how the activities of postal, telegraph and telephone services were organized and the importance of state telecommunications company for organizing social and economic life, particularly through monolithic approach to distribution of information in Poland. This is followed by description of commercialization of the company and its further development, particularly during the Great Depression.

Post-war anti-social evolution of housing policy becomes an important factor in the post-2008 deepening structural crisis of capitalism and in the end of the market paradigm of economic growth. This speaks for the analysis of social housing policy as a basis for re-evaluation of the paradigm of civilizational development towards better realization of the concept of sustainable development. Shared overreaching goals of sustainable development are best shown through the concept of infrastructure inhabited settlement. In this approach lie methodological possibilities of filling sustainable development with commonly understood social content.

RECOVERY OF UNDUE BENEFITS IN THE SOCIAL INSURANCE SCHEME — SELECTED ISSUESThe article refers to the selected issues of the recovery of undue benefits in the social insurance scheme. Initially, the subject matter of the analysis is the recent modification of the art. 84 of the Act of 13 October 1998 on the social insurance system. It is argued in the article that there are not per­suasive arguments why the recent change — introducing the limit for handing down adecision for the Polish Social Insurance Institution art. 84 [7a] of the Act on the social insurance system — does not relate to the contribution payer or the other persons enumerated in the art. 84 6 of the Act on the social insurance system. Furthermore, the paper analyses the notion of the undue benefit in the social insurance scheme and the issues of the instruction. In the article there are emphasized some questions referring to the explanatory proceedings conducted by the Polish Social Insurance Insti­tution ZUS and the issues of the relations between the art. 84 1 and 6 of the Act on the social insurance system. In the conclusion the article analyses the relations between the art. 84 of the Act on the social insurance system and the special regulations, i.e. art. 138 of the Act of 17 December 1998 on pensions from the Social Insurance Fund and art. 66 of the Act of 25 June 1999 on cash social insurance benefits in respect of sickness and maternity.

CHANGING THE SCOPE OF THE BAN ON DRIVING MOTOR VEHICLES IN ENFORCEMENT PROCEEDINGSThe presented study treats about the possibility of changing the scope of ban at the executo­ry proceedings stage, introduced by the Act of 20 March 2015, of amending the Penal Code and some other acts. The authoress introduces details of this regulation, pointing out certain inaccuracies which are featured by her.

INITIATION OF COURT PROCEEDINGS IN SOCIAL SECURITY CASESThe article discusses selected issues concerning the initiation of court proceedings in social security cases. The author begins his research by considering the legal approach of an appeal, which leads to the conclusion that it performs the role of the claim. The appeal does not necessarily have to meet the formal criteria of law suits due to the liberalisation of existing regulations. Furthermore, the term of appeal is also treated quite liberally by regulations. The appeal should be filed within one month of delivery of the decision, however, the case canal so be continued, when the failure to meet the deadline occurred due to reasons beyond control and was not excessive. Nonetheless, the fact that Polish Code of Civil Procedure does not directly regulate the problem of the response to an appeal raises objections. The question of which entities are authorized to file an appeal is acontroversial subject, but even more so is the question of whether an appeal could be filed by the interested party.

THE NEW RULES OF LIABILITY FOR THE DEBTS OF THE SUCCESSION IN THE POLISH LAWThis paper discusses in detail the new rules on liability for debts under the Polish law of suc­cession, that are in force from 18 October 2015. First of all their goal is to strenghten the possition of the heir. Until then, in case of lack of activity the heir was liable for the debts of his ancestor. From 18 October 2015 in the same scenario the heir would not be responsible for such debts. On the other hand, it is forseen that this amendment will weaken the possition of the creditors, what may lead to higher costs of loans in Poland.

The author defines intellectual culture as a tendency to base decisions on objective analyses or the habit of investigating issues analytically. In the broader sense, intellectual culture may be considered to be the way the collective reacts to phenomena that appear in the real world. A high level of intellectual culture, in the author's opinion, is shown by a modern form of thinking manifested in the ability to make use of abstracts and to take into account alternative systems of constructing opinions. On the basis of selected analyses of Polish scholars the author advances the hypothesis that Poland has failed to form proper institutional mechanisms favoring rational analysis in public life. The author demonstrates that this is the result of many factors, such as the long-lasting model of Sarmatian customs (including its providentialism), the strong and lasting influence of a radical form of romanticism, and also the nugatory influence of Enlightenment and positivist models. These factors have been accompanied by the unsuitability of educational and scholarly institutions, the delayed development of modern forms of economics, which force the use of rational calculations, and a structure of society that does not favor exchanges of ideas and deliberation.