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Spory prawnicze a pragmatyczność teorii prawa

Author(s): Adam Dyrda / Language(s): Polish Issue: 61-62/2015

The subject of this paper is the status of the most fundamental legal disagreements. Since all legal disagreements are conceptually dependent on theoretical assumptions about law (the grounds of law), they should be seen as theoretical disagreements in the Dworkinean sense. After an analysis of the basic concepts of the grounds of law, theoretical disagreements are evaluated from the epistemic point of view. By assumption, all philosophical disagreements, including fundamental legal disagreements, are disagreements between epistemic peers, since there occurs a symmetry between the evidence in favour of each of the proposed theories. In order to avoid the scepticism that such a diagnosis may lead to, we should engagein pragmatic considerations of the status of legal theory in general.

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Filozofija kao način pisanja - ogled o Derridi

Author(s): Richard Rorty / Language(s): Bosnian Issue: 05+06/1987

In this essay, Rorty regards philosophy as a development and mutual relation of two philosophic traditions: Kantian and dialectic (Hegelian). The former deals with the relation of the presentation and the presented, and of all the implicationos arising herewith, attempting to approach philosophy to a scientific model, as much as possible. The latter tradition comprehends philosophy as a kind of writing — a succession of infinite reinterpretations of thinkers included in »philosophy« on the basis of intuition rather than on rational principles. Derrida as the most distinguished current representative of dialectic tradition intensifies the old conflict and endeavours to advocate priority of writing by the destruction of »metaphysical presence« from the tradition of Heidegger’s destruction of Western metaphysics and at the same time avoid submission to metaphysics or epistemology in its contemporary aspect-the philosophy of language.

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POLITYKA SPOŁECZNA I RYNEK PRACY 4.0 A PRZYSZŁOŚĆ PRAWA PRACY, CZYLI AKSJOLOGICZNY I PRAGMATYCZNY WYMIAR WYZWAŃ W PRACACH NAD NOWYM KODEKSEM PRACY

Author(s): Jacek Męcina / Language(s): Polish Issue: 4/2018

The need to codify labor law has long been invoked and emphasized by employers and employees. From the beginning of transformation, Poland has made changes towards compliance with EU law. However, no changes in collective labor law have been initiated. The changes that the world of work of the era of Fordism undergo, which together with the new technology and progressive globalization, have profound changes in the work and the labor market itself. Employment in traditional branches of industry decreased, the concentration of employees decreased, while the number of employees in the sector of small and medium enterprises increased. Parallel to these processes, labor markets are characterized by high imbalances and, apart from unemployment, the phenomenon of segmentation on the labor market appears. The last significant initiative was the creation in 2016 of the Labor Law Codification Commission, whose aim was to develop individual and collective labor law in 18 months. It does not need to be argued that the 18-month period of work on two major projects, individual and collective labor law, is too short a time to come to a thoughtful project that would provide a complex view of labor law.

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Profesoriaus B. Bitino ugdymo realybės įžvalgos šiuolaikiniame kontekste

Author(s): Elvyda Martišauskienė,Vanda Aramavičiūtė / Language(s): Lithuanian Issue: 104/2011

The article discusses insights of professor B.Bitinas into education reality, which is analysed in the space of education philosophy and hodegetics. An attempt is made to highlight sustainability of conceptual education ideas. Profound philosophical insights create preconditions for consolidation of links of education reality, education sciences and education philosophy, enable educational scientists to create contemporary education concepts and promote a pluralistic approach to a changing reality of education. Professor’s ideas about how a human ideal becomes a goal of education and how it conditions self-expression and self-development of members in contemporary society, how education technologies, perceived as intermediate between education theory and practice, are approached from philosophical point of view are particularly significant to educational science and practice. Mechanisms of realisation of relevant to the society education goals that are related to origins of personality and establish conditions either for revelation of learners’ powers or their social (self-) formation are considered a criterion for optimisation of education technologies. Development of education mechanisms presupposes change in teachers’ roles and opens new methodological assesses to setting up of education goals and their implementation. Efficiency of education process depends on how and to what extent the function of upbringing is realised, which focuses on education of a valuable personality that spiritualises the human nature. The decreasing acknowledgement of upbringing results in a necessity to pay more attention to the development of scientific theory of upbringing, its application and consolidation in the practice of education.

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Mokslininkas paradigmų Virsme

Author(s): Ramutė Bruzgelevičienė / Language(s): Lithuanian Issue: 104/2011

The article examines the social phenomenon related to the scientist B. Bitinas, whose work fall under the period of the scientific paradigm shift in historical time. The uniqueness of the case lies according to the article in that the scientist, having drawn heavily upon the classical educational paradigm in his work, not only experiences a shift in scientific thought himself, but also, being aware of the need for contemporaneously determined replacement of the classical paradigm with the free educational paradigm, acknowledges the necessity of such a paradigm shift and justifies it in terms of the theory of the educational philosophy. On the basis of analysis of the scientist’s work the following conclusions are made in the article: The scholar considers the shift in educational paradigm to be an inevitability caused by new challenges of the 21st century as well as new goals of individual education set following the restoration of the independence of Lithuania in 1990.

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Феминизмот и прагматизмот

Author(s): Richard Rorty / Language(s): English,Macedonian Issue: 1/2001

When two women ascended to the Supreme Court of Minnesota, Catherine MacKinnon asked: "will they use the tools of law as women, for all women?" She continued as follows: I think that the real feminist issue is not whether biological males or biological females hold positions of power, although it is utterly essential that women be there. And I am not saying that viewpoints have genitals. My issue is what our identifications are, what our loyalties are, who our community is, to whom we are accountable. If it seems as if this is not very concrete, I think it is because we have no idea what women as women would have to say. I'm evoking for women a role that we have yet to make, in the name of a voice that, unsilenced, might say something that has never been heard.1

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Intervju s Karl-Otto Apelom

Author(s): Milenko M. Bodin,Sandra Glavaš,Karl-Otto Apel / Language(s): Croatian Issue: 02/1990

Karl-Otto Apel profesor je frankfurtskog sveučilišta. Poznat je po svojim idejama o transformaciji filozofije. Sa gospodinom Apelom smo razgovarali za vrijeme seminara »Diskurs und Rationalité, koji je održan u Interuniverzitetskom centru u Dubrovniku od 25. ožujka do 1. travnja 1990. godine.

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RICHARDO RORTY SĄMONĖS FILOSOFIJA KAIP METAFILOSOFINIS PROJEKTAS

Author(s): Agnė Alijauskaitė / Language(s): Lithuanian Issue: 96/2018

This article argues that Rorty’s philosophy of mind is possible as a metaphilosophical project. It trespasses the limits of physicalism and yet opposes philosophical scholasticism. Rorty’s physicalism is grounded on a metaphilosophical motivation and aims to show that physical descriptions protect against unjustified pretensions to a transcendentally engaged, considered to be objective, universally applicable knowing. While defending Rorty’s eliminativism from criticism aimed at his presupposed scientism, the article discusses the possibility of “mind” as an empty concept. The article concludes that, in the context of Rorty’s philosophy, the concept of mind should be considered as idealistic and naturalistic, not indicating any concrete content and therefore immune to materialistic criticism. However, despite the physical vocabulary aimed at expanding the problematics of mind, the full self-knowledge at which the scientific knowledge is aimed is unachieved. This leaves space for philosophical, theological and descriptions of mind.

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PRILOG ZA INTELEKTUALNU BIOGRAFIJU C. WRIGHTA MILLSA

Author(s): Božidar Jakšić / Language(s): Serbian Issue: 3-4/1979

C. Wright Mills started his intellectual voyage with studies of social philosophy and continued with numerous empirical investigations. His full intellectual maturity he expressed through engaged, critically intoned und theoretically valuable sociological works. He formed his viewpoint under the strong initial influence of pragmatic philosphy which was according to him the nerve of progressive American thinking.

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Mind the Gaps! Politics, Power and a Space for Anthropology

Author(s): Katy Fox / Language(s): English Issue: 1/2007

This article is an attempt to think through two kinds of ‘gaps’ that researchers need to deal with. It is argued that what is at stake is much more than a mere conceptual or theoretical issue but one that has implications in the world. The first gap exists between the policies devised by national or supranational authorities and the ‘local level’. How to account for both sides of the ‘gap’ that exists between the policies and the people? I will argue here that it is less helpful to rely on concepts such as ‘the political’ or ‘the state’, but more fruitful to make power a central concern of the analysis. Reaching across pragmatic, methodological and epistemological issues, I would like to take seriously the question whether a ‘"dwelling perspective", [can] be combined with the recognition that human lives are lived collectively within fields of power’ (Ingold 2005a: 501). The other ‘gap’, pointed out at least since the advent of universities in Europe or, perhaps, even since Antiquity, is the one which exists between the academy and the wider world, and which, I would like to suggest, has similar structures of becoming as the first one. The corollary question that is treated in this article is both normative and practical, and regards the use of anthropology in the contemporary world, asking why anthropologists have not been, as could be expected, commentators on pressing social, both local and global issues. I then pose the question whether, and how, anthropology can speak outside of academia, and in how far the structure of academia acts as an impediment with regards to this aim. The paper first offers to deconstruct the assumptions embedded in certain conceptualisations of the state by proposing alternative ways of including the state more usefully in anthropological analysis and ethnography than has been done so far. This is then opened up by a discussion of general interest of what anthropology could be for, concluding, with Gledhill, that ‘we can be active and more engaged participants in the messy intersecting fields of power that we study’ (2004: 38).

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В поисках новой философской парадигмы образования в России

Author(s): I. A. Birich,O. G. Panchenko / Language(s): Russian Issue: 1/2011

According to the authors’ view the reason for the basic disruption and contradiction inside the social organism is the persistent retard of the educational system in the problem of reproduction of moral and creative identity. This fact occurs because education does not fulfill its main function in the society. Its function is to be that kind of crossroad and mediastinum where culture is transferred into civilization, where the must is transferred into the possible and real on the level of mass consciousness, where abstractive knowledge is transferred into practical one, where the ideal is transferred into the specificity of an act of every human will. And if education is able to fulfill this mostly important function in the society to its full volume it is necessary to dramatically change its philosophic conception.

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INDIVIDUALISM VERSUS COLECTIVISM ÎN CONTEXTUL DEMNITĂȚII UMANE

Author(s): Dorothea Lidia Caraman / Language(s): Romanian Issue: 1/2019

This short article is a self-imposed, and voluntary exercise of trying to take a deeper look into two important cultural dimensions, individualism and collectivism, judged from the perspective of the human dignity. The epicenter will have a particular focus on the importance of human dignity viewed both from the inner and collective perspective. Given the complexity of this topic, the article is a fragile attempt of presenting the mentioned concepts and therefore is not meant to postulate anything in particular. Rather it constitutes itself into a possible future foundation of what can transform itself into an ample work on the matter. Last but not least, the conclusions should be assimilated constructively through the spectrum of human rights and the awareness of a fact that my dignity rises when I also redeem the others dignity.

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The Dialogical Identity of Pragmatic Markers in Political Argumentation

Author(s): Bledar Toska / Language(s): English Issue: 3-4/2011

The purpose of this discussion is to test the hypothesis that politicians attempt to construct their own political identity in argumentation by dint of some strategic maneuvering and as a part of their verbal interaction with their audience. Pragmatic markers seem to assist in this entire communicative process. Empirical findings are based on the one-million-word Corpus of English Argumentation (CEA). The data analysis provides important illustrations, in which pragmatic markers contribute to the dialogical sphere of argumentative discourse and to the political identity construction in interpersonal communication.

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Discursive Practices as Sign Constructs of Communicative Consciousness

Author(s): Igor Korolyov / Language(s): English Issue: 102/2020

The article offers the definition of discursive practice as a sign construct of the cognitive-semiotic, discursive-pragmatic and linguacultural levels, realised in the corresponding discursive situations, within which a semiotic configuration of elements of both one discursive practice and their combination occurs. In a cognitive-semiotic perspective, a discursive space is formed by the symbiosis of discursive practices as signs of a person’s communicative consciousness, i.e. a representative of a particular national-cultural community. In this aspect, the discourse is associated with the consciousness, knowledge and perceptions of the language personality, which are formed in the process of socialisation and become the basis of the cultural array, broadcast from generation to generation within a certain ethnic group. Thus, sign constructs of communicative consciousness are formed as concrete semiotic units embodied in discursive practices.

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Nasljeđe Metafizičkog kluba:pragmatizam Čarlsa Sandersa Persa

Author(s): Milena Karapetrović / Language(s): Serbian Issue: 32/2019

Pragmatism as a philosophical movement/branch of philosophy is usually on the margins of interest within European (continental) philosophy. It is most commonly interpreted in general terms concerning its overriding principle of the usefulness and consequences of ideas and is referred to as an anti-metaphysical and simplistic understanding of philosophy. Also, for some representatives, given the breadth of their education and occupation, major scientific contributions are related to other fields. With William James, it is psychology, and with John Dewey, it is pedagogy. Completely in the margins remains the work of Charles Sanders Peirce. This paper aims to show that the reasons for neglecting Peirce's work are largely conditioned by the context in which his philosophy originates. Therefore, it is necessary to focus on the following topics: the development of American philosophy and the emergence of pragmatism, the key determinations of pragmatism in Peirce`s writings, the basic differences between radical empiricism, pragmaticism, and instrumentalism.

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„Metodološki pojam istine“ i epistemološke tendencije u klasičnom pragmatizmu Č. S. Persa i V. Džemsa

Author(s): Dušan Milenković / Language(s): Serbian Issue: 32/2019

In this paper, I analyze Habermas' interpretation of Peirce’s pragmatism and its tendency to apply the theoretical approach of scientific methodology in solving problems of epistemology. Following this interpretation, I try to show that Peirce in his most famous essays fails to talk about knowledge solely from the perspective of scientific research methods, despite his open criticism of traditional philosophy. Although Habermas does not examine in his book Knowledge and Human Interests the philosophy of William James, in this paper, I discuss to what extent this author promotes the thesis of the „methodological concept of truth“, both in his critique of traditional philosophy and his own theory of knowledge. The paper comes to the conclusion that Habermas's „consistent pragmatism“ can be found in neither Peirce’s nor James’ philosophy, since both authors rely on the theoretical solutions taken from traditional epistemology, without remaining within the scope of the „methodological concept of truth“.

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Criticism of classical pragmatism: the unknown origins of Czesław Znamierowski’s theory and philosophy of law

Author(s): Maciej Dybowski / Language(s): English Issue: 1/2020

The article presents the key ideas of Czesław Znamierowski’s 1911 doctoral dissertation on the concept of truth in pragmatism (Der Wahrheitsbegriff im Pragmatismus), thus far not discussed in the literature, and the impact it had on some of his later ideas in the philosophy and theory of law. His polemic against pragmatism reinforced his later views on science and logic, and in particular on the problem of the truth-value of sentences. This founding insight of Znamierowski’s anti-psychologism in the philosophy of law, namely the independence of logic from mental states, provides a deeper explanation of a dualism in his theory of the legal norm: the ascription of both truth-value and validity, mutually independent, to legal norms. When analysed with regard to Znamierowski’s epistemological oscillation between empiricism and apriorism, Wahrheitsbegriff may also enable a better understanding of the origins of his objectivist social ontology and of such legal-theoretical concepts as ‘construction norm’ and ‘thetic act’.

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Modern University in the Light of Lifelong Learning Challenges: The Issues of Philosophy of Education

Author(s): Natalia Semeniuk / Language(s): English Issue: 56/2019

The philosophical analysis of the content of the modern university’s work leads to an understanding of commercialization and professional localization in the training of specialists. The ways of determining the essence of a modern university are grounded: elite, mass, niche, regional, pragmatic, ecological, and others. It is argued that the commercialization of education is conditioned by an increase in the level of technology impact on the dynamics of cultural development, globalization and informatization of society. Accordingly, traditional notions of academic freedom and the value of science and education are inferior to considerations of pragmatic feasibility and utilitarianism. The idea of the perniciousness of such a trend in education that threatens the personality deformation and the possible risks of global catastrophes is upheld in the paper.

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Orumas pandemijos metu: moralinis jausmas, vaizduotė ir komunikacija

Author(s): Gintautas Mažeikis / Language(s): Lithuanian Issue: 74/2020

The aim of the article is to explain the becoming and the state of dignity during a pandemic by critically considering the intersections of moral sensitivity, symbolic thinking configurations, and public communication. The intensity of moral sensitivity (A. Smith, D. Hume), moral imagination (M. Johnson, L. Donskis), and public communication (J. Habermas, A. Honneth) composes a coordinate system of understanding in which the development of dignity can be revised. Moral sensitivity, moral imagination, and social-political communication are axes that could help to understand the event of disease. The main method of analysis is applying Critical Theory (E. Bloch, H. Marcuse, J. Habermas, G. Deleuze) and dialectics (Hegel, T. Adorno) to understand fictional literature in all the three dimensions. The novels of Giovanni Boccaccio, Thomas Mann, Albert Camus, and José Saramago are interpreted to reveal the role of pandemics in the becoming of the dignity on the basis of consistencies and inconsistencies in the system of moral sensibility, moral imagination, and normative communication. The theory of dignity was presented by E. Bloch and his idea that dignity and hope depend on poetry, fiction, utopias and transcend everyday rationality, sublate (Aufhebung) instrumental reason, and overcome reification. The sensibility and social relations were interpreted in the existential phenomenology of A. Šliogeris; moral imaginary and history of ideas were presented in the context of Donskis’s books; communicative action and consciousness of the dignity (Würde) were reflected by J. Habermas. The chosen method of interpretation explains the shifting moral relationships in the situation of disease and death. The pandemic was interpreted as a fold (G. Deleuze) which consists of bio, social, artistic, and political elements.

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Неопрагматистки концепции за истината

Author(s): Hristo Gyoshev / Language(s): Bulgarian Issue: 52/2020

The paper considers some of the major neopragmatist approaches to the notion of truth with their respective methodological questions and corresponding difficulties. A basic distinction is made between 'radical' and 'moderate' neopragmatism and both directions are compared with respect to their ability to interpret the concept of truth in a consistent way. The result of the analysis suggests that the 'moderate' representatives of pragmatism such as Hilary Putnam and Simon Blackburn offer more promising directions, while the radical arguments of Richard Rorty and Donald Davidson about truth put the pragmatist strategy on the way of contradicting some of its own tenets.

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