Jacek Kurczewski

This book deals with the social, political, and normative changes of the last decades in Poland, and aims to synthesize the empirical evidence of the normative aspect, as reflected in attitudes and action, with a theoretical interpretation of this historic process. Was the Polish experience unique, or was it merely a manifestation of common problems affecting all societies in the last quarter of the twentieth century? The place of the Polish experience in the recent history of Communist Europe, the rise of Solidarity and the development of a re-structured society are extensively and absorbingly examined.

This book analyzes how people settle disputes in and outside of Polish courts. The preference for courts against informal settlements increased with the consolidation of the democratic legal state. Still, the compromise settlement remains the cultural ideal. The authors evaluate these circumstances in their extensive study of private disputes in the courts and of different types of individual settlements. They observed that the role of power behind these choices proved to be significant as people in better social positions are more inclined to use the courts and in worse social positions more inclined to deal informally with opponents in power. The ethnic factor surveyed in other former Communist countries is also related to the relative power of the different ethnic groups. The book investigates how institutional, social and cultural factors interact in shaping the dispute settlement patterns.

The legislative process is complex, encompassing a variety of aims and outcomes. Some norms and rules are embodied in law because we are simply expected by government to follow them. Others are there for entirely different reasons. A legislator may wish to send messages about what constitutes desirable behaviour, to demonstrate government's ability to deal with a local and short-term issue or to distract the electorate from other crises. Law is often, though not always, designed as a means to an end. Taking a sociological and empirically-based approach, this book offers a rare insight into the real processes by which lawmakers attempt to influence (or fail to influence) human behaviour.This account of the legislative process in Westminster rests on the author's observations and discussion with key players from the standpoint of an academic adviser on research to the department responsible for family law-making (originally the Lord Chancellor's department, then the Department for Constitutional Affairs and now the Ministry of Justice) and draws on her longstanding involvement in and knowledge of the processes of law-making. Documenting the little understood processes that occur in Whitehall, in particular how ministers, advisers and officials work together, it reveals a quite different picture from that of the rational lawmaker imagined in textbooks. Instead what emerges is an empirically-based view of the aims and functions of statute law including the different forms and relevance of symbolic legislation and a realistic view of what law aims to accomplish and what can be done in practice.