Abstract 21:225-232

Kwaśniewski, Jerzy (2013) Pathology of the Institutions of State and of Law in Post-Totalitarian Poland. „Profilaktyka Społeczna i Resocjalizacja” 21: 225-232.

 

Abstract:

This article is the Polish version of the speech delivered at the international conference of the Research Committee on Sociology of Law held on 19–21 October 2012 at the University of Warsaw. It discusses the ideas of Adam Podgórecki concerning the condition of the State and of law in Poland. Adam Podgórecki had never defined post-1989 Poland as a democratic State or the state under the rule of law. In his words and writings, he defined Poland as a post-totalitarian State. He highlighted that so-called Polish transformation consisted in a controlled adaptation of the political and economic regime of the People’s Republic of Poland to the conditions of the European democratic and market environment; the adaptation which, in fact, would fully protect the interests of former political and economic communist elites. We illustrate these assumptions with data and results of research on various pathologies in the functioning of law and State institutions in today’s Poland. In conclusion it is demonstrated that the Polish State and the Polish legal system are, as underlined by Adam Podgórecki, respectively, a post-totalitarian State and a post-totalitarian legal system which neither strive for nor are capable of discarding their totalitarian features.

 

Keywords:

Adam Podgórecki, post-totalitarian State, pathology of institutions, pathology of law