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Studia Humana
|
2015
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tom 4
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nr 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
Content available remote The Transfer of Governance from the Nation State to a Corporate Global Economy
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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.
EN
General frames and approach of institutional theory of contracts enable the presentation of traditions and the development of homo contractus conception as well as exploration area of conflict interests between state and economy which is connected with its activity. Discussions about the beginnings of institutional doctrine and jurisprudence devoted a lot of attention to relations of three key notions. I think that from the depths of antropoethology emerged the notion of instinct. For T. Veblen – a master of “old” institutional economics – it was enough to define the “institution” notion and for modern “new” institutional economists it served as facilitation for the analysis of behavior of contractors. Jurists and economists met very early – rather as friends – on the area of the second notion – custom – and its role in establishing state laws. The agreeable cooperation was disturbed in debate about the last notion – institution. An important question arises: Is an institution a part of Justinian Code or a pattern of behavior inherited from the past? Antiquity cannot cross the border between praxis and science though it created such monuments as Hammurabi Code. Roman law is now an accepted source of science of European law. The precision of liabilities law, the synthesis of Greek and Roman thought and elasticity of authorities facilitated the adaptation of norms of tribal law. Emerging new economic doctrines – canonistic, mercantilism, physiocratism and finally classical economics − opened the area for social-economic contacts widely and helped to reach a lot compromise also in contracting. Contemporary theory of contracts occupies a prominent place in universal economic thought and is now a good partner in relations with jurisprudence. The challenge for our community are realities of integration and globalization processes causing conflicts in the area of contracts control. More and more attention is devoted to the questions of law and economics, the fame of Chicago School is growing, there are some Nobel Prizes and teaching this discipline in Poland is successful.
EN
The term Advanced Persistent Threats (APT, APTs) has a relatively short history – originated in the United States’ government spheres and as such was referred to cyber attacks waged by a state actor. The emergence of such threats has been linked to the evolution of the hacker underground that took place after 2000. The activity of specialists swelling the Black Hat ranks had the nature of criminal offences, targeting data collected by corporations and state institutions. Despite a dozen or so years of experience with APTs, they continue to be a dynamic category of contemporary cyber security threats, with many evolving components beyond simple classification. Their unambiguous identification as a strictly separate type is obstructed mainly by the complex structure of such attacks, prompting analysts to locate them in a catalog containing various known vulnerabilities, mechanisms, cycles and variables. The analysis of the problem and the evolution of attacks to date has led to the hypothesis that Advanced Persistent Threats are now in the phase of their further modification and testing as a means of offensive action in inter-state and asymmetric conflicts. Armed forces and special services of states saw in them not only a tool per se to achieve economic and military advantage, but a theoretical basis for further research on the development of advanced cyber weapon.
5
80%
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.
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.
7
80%
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.
EN
The term Advanced Persistent Threats (APT, APTs) has a relatively short history – originated in the United States’ government spheres and as such was referred to cyber attacks waged by a state actor. The emergence of such threats has been linked to the evolution of the hacker underground that took place after 2000. The activity of specialists swelling the Black Hat ranks had the nature of criminal offences, targeting data collected by corporations and state institutions. Despite a dozen or so years of experience with APTs, they continue to be a dynamic category of contemporary cyber security threats, with many evolving components beyond simple classification. Their unambiguous identification as a strictly separate type is obstructed mainly by the complex structure of such attacks, prompting analysts to locate them in a catalog containing various known vulnerabilities, mechanisms, cycles and variables. The analysis of the problem and the evolution of attacks to date has led to the hypothesis that Advanced Persistent Threats are now in the phase of their further modification and testing as a means of offensive action in inter-state and asymmetric conflicts. Armed forces and special services of states saw in them not only a tool per se to achieve economic and military advantage, but a theoretical basis for further research on the development of advanced cyber weapon.
EN
The role played by the state in economy is one of the most important problems in economic science. With regard to this role and its importance, it is often forgotten that the state is largely influenced by the cultural values of its citizens. This paper evaluates the role of cultural values in explaining the differences in state tax revenues as percentage of GDP in cross-country perspective. Our results suggest that there is a statistically significant relationship between shared cultural values and taxation (measured by the revenues that are accumulated by the state). Therefore, it seems to be important to take culture into account when designing optimal economic policies and influencing the level of life and well-being.
10
Content available Smart Power wobec asymetrii użycia siły wojskowej
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EN
The article discusses the most important issues related to using military power. The author emphasizes the importance of military power both in the history of international relations and in the contemporary world. He also devotes a lot of space to analyzing broadly understood usefulness of military power.
11
Content available remote Podział władzy państwowej jako przesłanka jej legitymacji
80%
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.”
12
Content available Społeczeństwo obywatelskie a moralność
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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.
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.
14
80%
EN
The article presents the interactive method of state monitoring of electronic device in autonomous simulated application. Form of electronic device state presentation is discussed. The information about state is presented by means of a special template, which can include both text and graphics. Author of model can decide about the format of displayed results. Implementation of the subsystem for monitoring electronic devices states, simulation course and observation of results are described. It is coming in sight, that the interactive monitoring of simulated devices state by means of text and graphics is readable, intelligible and more user friendly, and also it helps to understand better the processes, which take place in simulated devices and it is a good solution for didactics reasons.
15
Content available Racja stanu jako suwerenność państwa in actu
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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.
16
Content available Modern orders
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EN
The text attempts to reconstruct the major factors that shaped the modern economic, political and intellectual orders. Based on the assumption that the philosophical and ideological sources of the modern state were derived from social, economic and technological changes, the article explains how these changes were prepared in the modern age and how they influence development in the following 200 years. It also presents the ideas of dependencies between the rise of the modern state and capitalist economy. The conclusion presents the challenges connected with new means of communication, new trends in economy and new social expectations, as well as the role that may be played by academic circles in responding to these.
EN
This article examines the history of formation and development of the institution of judicial protection of information rights and freedoms of man and citizen.
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.
EN
The idea of a mutual relationship between an individual and the society to which this individual belongs emerged relatively early in the history of human thought. To fully understand how Maya statehood formed during the Pre-Classic period it is worth analysing sociological and anthropological theories referring to the concept of society. This is why the author tries to introduce the reader to the crucial notions and theories associated with the appearance of the first proto-state centres in the first part of my paper. The second part addresses the development and evolution of social and political structures in the Maya state directly. For a better perspective, the author has also decided to briefly present the fully developed social structure which is characteristic of the late Pre-Classic period and the classic Maya culture, which is a direct descendant of the earlier structures.
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.
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