University of Zielona Góra

English abstract: The subject of the article is an attempt to evaluate the events that took place in Radom in 1976 from the perspective of the tools used by Law & Economics. The basic aim of the article is to attempt to answer the question whether, if the legislator had used the Law & Economics assumptions in the lawmaking process during the communist period, there would have been social unrest in Radom and other parts of the country. Unrest, during which the personal interests of their participants were violated, and, simply put, crimes were committed against the people who participated in them. An additional objective of the article is to present the basic assumptions of the Law & Economics theory and its main currents.

Keywords: protests in Radom in 1976, Law & Economics (economic analysis of law), philosophy of law, social philosophy

Language: Polish

Published: Number 3(44)/2025, pp. 156-166.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.156

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Number of downloads: 86

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University of Zielona Góra

English abstract: The purpose of this article is to analyse the rationale behind the establishment of the Institute of National Remembrance (IPN) and to assess whether its original objectives have been achieved. It is important to note that, in a democratic state, a rational legislator must consider not only the intended outcomes of the enacted provisions but also their efficiency. Applying economic analysis of law, the study examines whether these considerations are reflected in the operation of the IPN Act.

The article employs the doctrinal legal research method to investigate the actual effect of the provisions. Additionally, it utilizes the empirical method to explore the rationale guiding the legislator during the legislative process. Based on available documentation, the fundamental assumptions that were binding on the drafters of the Act are identified. Legislative records indicate that the IPN Act was enacted to enhance the efficiency of proceedings related to prosecuting crimes against the Polish Nation, expand the definition of crimes from Stalinist to communist offences, and separate prosecutors within the IPN from the general prosecutorial system. However, the central research thesis of this study asserts that these goals have not been achieved in accordance with the principles of legal efficiency. The number of resolved cases is disproportionately low relative to the incurred costs. Furthermore, due to the passage of time, many proceedings are unlikely to be initiated or will be discontinued due to the death of suspects – a trend observed in recent years. It should be emphasized that this issue has not been addressed in existing legal scholarship, nor has it been examined through methods aimed at assessing the efficiency of legal provisions.

Keywords: Institute of National Remembrance, efficiency of law, effectiveness of law, Law & Economics (economic analysis of law)

Language: Polish

Published: Number 3(44)/2025, pp. 55-69.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.55

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Number of downloads: 75

This text is licensed under a Creative Commons Attribution 4.0 International License.