O sposobie prawniczej interpretacji stanu wojennego z 13 grudnia 1981 r. i jego następstw. Nie Carl Schmitt a Jerzy Stembrowicz
On a Method of Legal Interpretation of Martial Law of 13th December 1981 and Its Consequences: Not Carl Schmitt but Jerzy Stembrowicz

Summary/Abstract: In order to better understand the sense of proclamation of martial law in Poland (on 12/13 December1981) and its consequences, Paweł Bała, a lawyer form Siedlce University of Natural Sciencesand Humanities, proposes to draw on Carl Schmitt, a well-known German law theorist and constitutionalist. This concerns, in particular, the approach to this question from the perspective of Carl Schmitt and his decisionism. It must be said that neither Schmitt’s theory of decisionism, nor itsrelative concepts of dictatorship, can adequately help us to understand the sense of the decisionstaken on that particular December night by the Council of State, and the events that took place thereafterin the People’s Republic of Poland. The author’s final conclusion in his argument against Bała is as follows: it is Jerzy Stembrowicz, rather than Carl Schmitt, who should be a guide in our efforts to find proper legal interpretation ofthe events relating to the proclamation of martial law in the People’s Republic of Poland. Nevertheless,the ideas of the German theorist also deserve attention, and may be inspiring

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