THE LIMITS OF THE ANTI-RELIGIOUS DISCOURSE IN THE SECOND REPUBLIC OF POLAND. THE REMARKS ABOUT THE SUPREME COURT VERDICT OF THE 5TH JULY 1938 AND THE RELEVANCE OF THE JUDGMENT TODAY
Journal Title: Studia z Prawa Wyznaniowego - Year 2010, Vol 13, Issue 13
Abstract
The jurisdiction of the Supreme court in the interwar period was characterized by the high substantive level, and was often based on the multifaceted comparisons of the normative states in the legislature ranges. Not all decrees, however, were issued with equal care for details. One of the decrees, which ought to be re-examined, is the Supreme Court verdict of 5th July 1938, in which the Supreme Court upheld the decision of the Court of Second Instance, finding the accused guilty on the basis of article 174 of the Penal Code.: “Whoever blasphemes against God is to be convicted to up to five years of prison.” The accused had translated a book by a French thinker, undermining the divinity of Christ. The use of words like “lout” or “brawler” was considered a blasphemy. There are at least two mistakes in the reasoning of the Supreme Court. Firstly, it had not been clarified whether a translator, following the premises of his profession, committed the crime of helping or, having recognized the translation as a separate work on the basis of the copyright law, committed a crime completely different than that of the French author. Secondly, the attempt of mutual balancing the principles of religious equality and the freedom of speech had not been conducted. The Supreme Court verdict, which could be expressed in a better way, met the social need for justice. After reading the decree one may infer that the verdict convicting the accused was seemingly the only right verdict, irrespectively of the argumentation provided during the trial. Regardless of the mistakes, according the contemporary Penal Code (article 196), the main idea standing behind that Supreme Court verdict remains relevant up to nowadays: Polish legislature does not prohibit the speeches not complying with religion or even denying God’s existence, as long as the speeches are not blasphemous, that is their authors do not speak against God in insulting terms, do not “violate the worship that is to be paid to God” by means of an insult (…), contempt, despise and other affronts.
Authors and Affiliations
Maciej Mikuła
Keywords
Related Articles
- EP ID EP103267
- DOI -
- Views 213
- Downloads 0
NADZÓR NAD FUNDACJAMI KOŚCIELNYMI W POLSCE
W prawie polskim, w odniesieniu do fundacji, przyjęty został model nadzoru subsydiarnego o charakterze prawnym. Nadzór pośredni jest wykonywany przez organy administracji publicznej, a nadzór bezpośredni przez sądu powsz...
RESISTANCE OF RZESZÓW REGION’S SOCIETY IN RELATION TO THE ACTIONS OF THE DEPARTMENT OF RELIGION
After World War II the government in Poland was overtaken by the communist party. Based on ideology of Marxism–Leninism, the communists had engaged in a fight against the Roman Catholic Church in order to destroy it. O...
CULTURAL AND LEGAL ASPECTS OF THE CONTROVERSY OVER THE ISLAMIC HEADSCARF IN FRANCE
The article deals with relationships between the cultural and legal sides of current controversies concerning life of French Muslim minority. Authors describe them against the background of history of Muslim minority in...
THE EMERGENCE OF THE POLISH CATHOLIC AND SOCIAL ASSOCIATION
The idea of social Catholicism was burgeoning in pre-war Poland. After World War 2, the communist authorities of the People's Republic of Poland sought to eradicate any ideological opposition - including Catholics - from...
CHURCH INSTITUTIONS AS PUBLIC BENEFIT ORGANIZATIONS
This article concerns ecclesiastical institutions as entities having the status of a public benefit organization. Provides information on the regulations contained in the Act on Public Benefit and Volunteer Work, and the...