Friday, May 4, 2012

Fundacja Court Watch Polska

Two young Polish scholars, Stanisław Burdziej and Bartosz Pilitowski, from the Universities of Olsztyn and Toruń, respectively, visited the campus this week and presented on the contemporary court system in Poland. Members of the Fundacja Court Watch Polska, they were in Minnesota briefly in search of ideas for court reform. Activist, engaged sociologists they represent a new generation of scholarship in Poland—and, actually, elsewhere—concerned with public policy-oriented research. Lovely minds, helpful, hopeful, serious, earnest but not naïve. I liked these Poles.

They would seem to have their work cut out for them. But they asked for advice, and being an adviser, I offered that the rhetoric of reform—even of revolution in the United States—always harks back to a founding golden age. Don’t ask for something new, ask for something old, something you’ve already had, something you’ve already done. In the U.S. we invoke the Constitution. Before the Constitution, we invoked our rights as Englishmen to justify a Revolution against the British Empire. How’s that for cheek? Stanisław took down a note, then reminded me that their Constitution is post-Communist era, hardly a golden age, and 270 pages long.  (“Quinn’s Law: the longer the constitution, the shorter the shelf life.” Frederick Quinn, Democracy at Dawn: Notes from Poland and Points East, 22) That could be a problem. Then Stanisław identified Kosciusko’s Constitution of May 3, which has real iconic promise, but it never went into effect. Otherwise, you have to go back to Kazimierz III Wielki, “Casimir the Great,” who according to our readings just last week, “Polecił ponadkto skodyfikować prawa zwyczajowe z terenów Wielkopolski i Małopolski. Sądy miały odtąd jednakowo sądzić i wydawać takie same wyroki.” (“He recommended the codification of the customary laws of the territories of Great Poland and Small Poland. Courts henceforth had to judge equally and render the same verdicts.”) 

Everything that needs to be done, has been done. We need only remember how to do it.

I hope that reading’s on the Final.