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Theprocedural justicethesis that quality of treatment matters more than outcomes in people’s perception of institutional legitimacy is supported by a large body of research. But studies also suggest thatdistributive justiceand... more
Theprocedural justicethesis that quality of treatment matters more than outcomes in people’s perception of institutional legitimacy is supported by a large body of research. But studies also suggest thatdistributive justiceand theeffectivenessof authorities are more important in certain legal settings (civil courts) and national contexts (posttransition societies). This study tests these ideas through a survey of 192 civil litigants in Poland, a postcommunist country where the national judiciary has recently been subject to intense political scrutiny. Our findings support the generalizability of procedural justice, and especially voice, but also demonstrate the significance of outcomes and legal cynicism. We also discuss prior court contact, role (plaintiff versus defendants), and representation (presence of counsel) as potential moderators on litigants’ perceptions of court legitimacy.
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Since 1989, cultural expertise has emerged as a crucial factor in navigating Poland's communist past. The use of cultural expertise provided by historians was institutionalized in 1999, when the Institute of National Remembrance was... more
Since 1989, cultural expertise has emerged as a crucial factor in navigating Poland's communist past. The use of cultural expertise provided by historians was institutionalized in 1999, when the Institute of National Remembrance was created and charged with prosecuting Nazi and communist crimes, as well as assisting with the belated decommunization. Expert historians are requested by courts and other institutions to provide opinions in cases ranging from alleged collaboration with communist secret services, withdrawal of veteran status bestowed to soldiers of communist military units fighting the Polish resistance movement, awarding compensation to victims of German concentration and labour camps, to changing names of places named after prominent Party activists. Using this expertise requires the courts to understand the intricacies of recent Polish history, such as the operational methodology and archival practices of communist secret services, or the complex interplay of motiv...
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The outputs of EURO-EXPERT include academic publications, CULTEXP - the first multilingual and cross-jurisdictional database on cultural expertise, data visualisation of in-court and out-of-court cultural expertise, a toolkit for the use... more
The outputs of EURO-EXPERT include academic publications, CULTEXP - the first multilingual and cross-jurisdictional database on cultural expertise, data visualisation of in-court and out-of-court cultural expertise, a toolkit for the use of cultural expertise, and publications for the general public. This dataset is the EURO-EXPERT data summary for Poland
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Abstract: In Comte's vision, humanity progressed from a theological to a metaphysical to a positive phase. This transition was to be mirrored by the replacement of theology and metaphysics by a new science of society-sociology.... more
Abstract: In Comte's vision, humanity progressed from a theological to a metaphysical to a positive phase. This transition was to be mirrored by the replacement of theology and metaphysics by a new science of society-sociology. Comte's prophecy was quickly fulfilled-within a century the new discipline had successfully undermined the legitimacy of other systems of knowledge in the social realm-like philosophy, theology, and literature. Even theologians learned to adopt the findings of their rival and incorporate them into their framework. At the same time, the emerging social sciences borrowed heavily from theology, while trying to mask the debt. The recent constructivist turn has challenged social scholars to rethink that positivist paradigm. This article tries to take up the challenge and see whether theology and sociology can possibly learn from one another.Keywords: theology, sociology, secularity, post-secularity, sociological and theological imagination.Throughout the 1...
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Analiza ramowa (1974), wydana w języku polskim dopiero w 2010 roku, stanowi prawdopodobnie najważniejszą pracę Ervinga Goffmana. Jej tłumacz przedstawia w tym artykule przegląd głównych problemów translacyjnych, jakie wiążą się przede... more
Analiza ramowa (1974), wydana w języku polskim dopiero w 2010 roku, stanowi prawdopodobnie najważniejszą pracę Ervinga Goffmana. Jej tłumacz przedstawia w tym artykule przegląd głównych problemów translacyjnych, jakie wiążą się przede wszystkim z wprowadzonymi przez Goffmana terminami. Należą do nich zwłaszcza pojęcia "ramy" i "ramowania" oraz terminy keying, containment i flooding out, trudne do oddania w języku polskim. W artykule podjęto także próbę adaptacji terminologii Goffmana do systematycznej analizy procesu tłumaczenia (jako specyficznego rodzaju Goffmanowskiej transpozycji).
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Historically, modern democracy can be rightly regarded as an extension of some of the basic tenets of Christianity, with the letter's focus on individual dignity and inalienable rights of every person regardless of their ethnic or... more
Historically, modern democracy can be rightly regarded as an extension of some of the basic tenets of Christianity, with the letter's focus on individual dignity and inalienable rights of every person regardless of their ethnic or social origin. In some aspects, however, democracy remains a project directly rivaling Christianity. This essay traces the rivalry to the French Revolution which tried to replace Catholicism with the cults of Reason and Supreme Being, which shows that without recourse to traditional sources of authority, such as religion, democracy is incapable of constructing a legitimate social order While democracy continues to be the form of government most compatible with Christian doctrine, the relationship between the two is not a necessary nor an equal one. It depends on whether democracy is viewed as a technique of government, when compromise and cooperation are possible, or as an ideology, when such coexistence is increasingly difficult.
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In the fall of 2005 a major shift of power took place in Poland. Both parliamentary and presidential elections wrought the control over the elective and legislative branches from the post-communist Democratic Left Alliance (Sojusz Lewicy... more
In the fall of 2005 a major shift of power took place in Poland. Both parliamentary and presidential elections wrought the control over the elective and legislative branches from the post-communist Democratic Left Alliance (Sojusz Lewicy Demokratycznej, SLD) to a right-wing party Law and Justice (Prawo i Sprawiedliwosc, PiS). (1) In April 2006 the winning party formed a coalition with two smaller populist parties: Self-Defence (Samoobrona) and League of Polish Families (Liga Polskich Rodzin, LPR), marking the beginning of what was proclaimed to be the IVth Republic of Poland. What made the change possible? What was the role of religious media in this election and in the first year of the new political situation? The present study focuses on the role played by the conservative Catholic Radio Maryja and other media closely associated with it: daily Nasz Dziennik and TV Trwam. Scholars and journalists often risk doubtful generalizations while discussing church-state relations in Poland...
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Pressure for efficiency and financial constraints, as well as social concerns about legitimacy of the justice system and social cost of an excessively repressive sentencing policy, have led to a dynamic proliferation of problem-solving... more
Pressure for efficiency and financial constraints, as well as social concerns about legitimacy of the justice system and social cost of an excessively repressive sentencing policy, have led to a dynamic proliferation of problem-solving justice since the 1980s, first in the United States, and later in other jurisdictions. While
problem-solving courts have been implemented mainly in common law jurisdictions, elements of problem-solving also permeated continental legal systems. Similar challenges also led Poland, a country with a recent experience of democratic transition, to include or expand elements of problem-solving into its legal and court system. This paper offers an overview of these challenges and problem-solving measures developed in Poland after 1989 to address them. Barriers to a more comprehensive problem-solving approach are also identified.
problem-solving courts have been implemented mainly in common law jurisdictions, elements of problem-solving also permeated continental legal systems. Similar challenges also led Poland, a country with a recent experience of democratic transition, to include or expand elements of problem-solving into its legal and court system. This paper offers an overview of these challenges and problem-solving measures developed in Poland after 1989 to address them. Barriers to a more comprehensive problem-solving approach are also identified.
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The article attempts to reconstruct basic assumptions of community justice – an emerging paradigm of penal policy that is gaining popularity in Western Europe and the US. The model assumes an empowerment of citizens in matters related to... more
The article attempts to reconstruct basic assumptions of community justice – an emerging paradigm of penal policy that is gaining popularity in Western Europe and the US. The model assumes an empowerment of citizens in matters related to criminal justice, including various forms of public participation, aimed at reclaiming confl icts thus far appropriated by professionals and institutions. The article discusses both the advantages and disadvantages of this "democratization " of penal policy.