"Uvjerenje i ustav": Napomene o jednome ne samo hegelovskom problemu

Author(s): Ludwig Siep / Language(s): Croatian Issue: 04/1988

The central problem of Hegel’s philosophy of law is how to unite the convictions of different individuals into the common will permanently directed towards achieving the common good. Hegel finds the solution in relating convictions to social roles. This pluralism of roles is reconciled with the loyalty to the constitution through a free development of group behaviour and the institutional linkage of private, group and common interests on all the levels of social organization. It was difficult for Hegel to anticipate that the private views could be mediated through common will owing to political organizations.

(META)ETYKA A FILOZOFIA PRAWA

Author(s): Monika Zalewska / Language(s): Polish Issue: 26/2014

In this paper I have focused on methodological problems of ethics and legal philosophy. My main goal was to determine relation between meta-ethics and legal philosophy. In the first part I tried to describe historical context, how jurisprudence become independent form ethics. Then in second part I examined relations between main disciplines of ethics and legal philosophy pointing out that although there are some similarities, there is even more differences. Finally in the third part I explored relation between meta-ethics and legal philosophy. My conclusion was that the problems of meta-ethics also exists in legal philosophy but the level of significance is lower. The reason for it lays in the specific character of legal norms which existence depends on the will of competent authority in contrast to moral norms which need other, meta-ethical justification.

[rec.] Stefan Jan Karolak, Sprawiedliwość. Sens prawa

Author(s): Dawid Dziurkowski / Language(s): Polish Issue: 14/2017

Review of: Dawid DZIURKOWSKI - [rec.] Stefan Jan Karolak, Sprawiedliwość. Sens prawa, Wydawnictwo Petrus, Kraków 2015, ss. 350

“Who goes there?” Reflections on Signs and Personhood in Christopher Hutton’s Integrationism and the Self

Author(s): Paul Cobley / Language(s): English Issue: 1/2020

Review of Integrationism and the Self: Reflections on the Legal Personhood of Animals [Series Routledge Advances in Communication and Linguistic Theory] by Christopher Hutton. London: Routledge, 2019, 190 pp.

1st International Workshop on Law and Ideology, Wrocław, 29-30.05.2014 r.

Author(s): Wojciech Zomerski,Wojciech Kauczor / Language(s): Polish Issue: 1/2014

2nd International Workshop On Law And Ideology Memories Of Struggles, Struggles Of Memories, Sarajevo, 28-29 maja 2015

Author(s): Filip Rakoczy / Language(s): Polish Issue: 2/2015

A Few Questions Concerning Photographs in Court Decisions

Author(s): Michał Dudek / Language(s): English Issue: 2/2018

The aim of this article is to discuss the infrequent, but noticeable, practice of inserting photographs in court decisions. Against the background of the few existing studies on this practice, which seem to be overly case-specific, this article proposes a more general, even universal list of problems connected with it. It addresses a short list of questions about the inclusion of photographs in court decisions, such as, for instance: “Why do judges include in court decisions photographs concerning the case-relevant facts?”; “Who are the addressees of these photographs?”; “What is the source of the photographs used and are all sources allowable?”; and “How come that some segments of court decisions are accompanied by relevant photographs and others are not?”. A discussion of these and other questions enables the conceptualisation of many problems connected with inserting photographs in court decisions – most notably, that of the criteria of choice, which previously has not been explicitly addressed, but barely hinted at – and leads to the conclusion that the practice in question, surrounded by many controversies, should be discontinued.

A Few Remarks on Equitable Law (from the Perspective of the System of Statutory Law)

Author(s): Wojciech Dziedziak / Language(s): English Issue: 1/2018

The article discusses equitable law with reference to the perspective of the system of statutory law. The author founds the substantive theory of equitable law on the following values: truth, good, justice and human dignity. The paper defines the understanding of these values. Then, it indicates that they should be respected in legislative activities (in lawmaking) as well as in the application of law so that the law (norms) and decisions should be equitable. It is also emphasised that equity is “an instance” that can protect the man and his dignity – the dignity of the human person.

A Jigsaw Puzzle for Rainy Days - How to Put Together the Pieces: Sources of Law, Forms of Law, Principles, Standards, Rules and Norms - to Get a Consistent Picture of Law?

Author(s): Alexander Bröstl / Language(s): English Issue: 3/2020

This is a proposal – “a tentative smile on the face of law” - how to create a consistent picture of law and diminish the confusion in the usage of the most frequent key-legal concepts. Its outcome is that law is one entity: its structure so far contains terms of the same degree with respect to all of their variables (sources, forms or rules, norms), from general rules (principles, laws) to individual rules (judicial and administrative decisions).

A Kantian Critique of Grotius

Author(s): Macarena Marey / Language(s): English Issue: 95/2019

During the last few years, it has become usual to turn to some seventeenth century readings of the traditional idea of an original common possession of the earth for philosophical aid to explain and support the rights of persons in situations of extreme need, including refugees. Hugo Grotius’s conception of this idea is one of the most cited ones. In this paper, I hold that a Grotian reading of the idea of an original common possession of the earth is not a fruitful principle if we want to elaborate a solid defence of the rights of the ones in need. I reconstruct and analyse the role this idea has in Grotius’s theory of private property and present objections to it from a Kantian perspective.

A Note on Legal Education, Its Specific Features and Related Myths

Author(s): Małgorzata Król / Language(s): English Issue: 2/2016

The question of legal education is recognised as important along various dimensions and thus has been in the focus of attention of numerous distinguished legal scholars and practitioners all over the world. The problem of legal education includes not just methodological issues, but also the issues that are par excellence philosophical in nature. Legal education has a specificity that arises from the nature of law and its complexity, and is related to the personal dimension of this education. The process of education should be organised in such a way that students should be in contact with members of the legal community whose authority, moral and subject matter-related attributes play a vital, formative role in legal education. The author tries to confront the didactics-related reality with ideals and postulates present within this field. Yet, it is revealed that such a reality is hidden below a “thick layer” of myths, which have grown around legal education. These myths blur the real picture of lawyers’ education, creating a kind of legal education mythology. Two types of systemic legal myths are indicated. The first one is built on the paradigm of university legal education. The other type is based on the paradigm of university studies.

A TRANSDISCIPLINARY AND CROSSCULTURAL INTRODUCTION TO THE ISSUE OF HUMAN RIGHTS IN A “GLOCAL” WORLD. ABOUT THE REVERSAL OF THE RELATION BETWEEN THE LOCAL AND THE GLOBAL AND ITS CONSEQUENCES FOR THE FERTILITY AND QUALITY OF HUMAN RELATIONS

Author(s): Dominique Bouchet / Language(s): English Issue: 71/2021

The purpose of my contribution is to provide a general overview of the issue at stake when today over the world people debate human rights. In order to do so I will rely on and both differentiate and associate philosophical, anthropological, ethnological, historical, sociological, political, and psychological approaches. Let me stress that this is not at all to contribute to a muddled understanding of the issue of human rights that necessarily has to be perceived differently depending on the field of research. On the contrary, it is in fact to articulate that the issue of human rights can only be understood from a transdisciplinary perspective; and that cross-cultural communication is required to approach the question of ‘values’ and ‘rights’ in our globalized world.

Abuso del diritto ed autonomia negoziale. Nuovi approcci giurisprudenziali e profili comparatistici.

Author(s): Marco Farina,Demetrio Maltese / Language(s): Italian Issue: 3/2012

ACTA PILATI, BETWEEN LAW, MORALS, AND RELIGION

Author(s): Marilena Marin / Language(s): English Issue: 1/2021

Starting with the very origin of man’s nature as a base for human rights, we suggest one of the controversial actions of ancient times, as a debate and analysis subject, respectively, Pilat of Pont’s action of „washing his hands” as a gesture of detaching himself judging-wise, and, eventually,sentencing the one whom he believed had wronged the Roman state. In this piece of writing, we will analyze, with reference to morals and religion, Pilat’s role as an official of the Roman state from a judiciary point of view. This role had to do with investing the governor with judging a case and the overall procedure he was to follow in the case of certain important procedures, to send information to the emperor who, at that time, was Tiberius Caesar Augustus. We believe that focusing on this subject may spark interest through the meth- od of analysis that we took up. We do not intend to make an analysis of the rules imposed by the canonic right and we won’t extend the analysis to all roles that Pilat had as an official either. We will limit ourselves to the judiciary aspects of Pilat of Pont’s activity in the context of Jesus’s trial. Knowing them better, we can find their utility and practical applicability in humans’ lives in society, but we can also understand the chosen subject better towards research for the writing here. Regarding the research methodology, we chose the interdisciplinary analysis, focused on empirical research, so that we can then reach conclusions that help us understand the survival of these notions over the centuries, to the present day.

Ahlaksız Hukuk ve Dinsiz Ahlak Mümkün Müdür?: Felsefi Bir Yaklaşım

Author(s): Tuncay İMAMOĞLU / Language(s): Turkish Issue: 55/2021

The purpose of this article is to discuss the problematic grounding of immoral law and irreligious morality and to examine them with a different approach. Are the rules of morality and the rules of law the same? Can law without morals satisfy the human conscience? Is morality an obstacle to freedom? What is the source of morality? What is the relationship of morality with nature and religion? Can an atheistic person be moral, and can a religious person be immoral? Is it possible to ground morality with secular references? Around these and similar questions, we will discuss the possibility of immoral law and irreligious morality. In our article, we will try to analyse that immoral law will be inadequate to satisfy human conscience, and that morality can be grounded without religion or God in its source, which creates great difficulties. All these analyses will be presented in the philosophical and theological perspective in our article.

An Attempt to Formulate a Preliminary Definition of the Validity of Norms

Author(s): Wojciech Patryas / Language(s): English Issue: 11/2020

The aim of the study is to formulate a preliminary defnition of the validity of norms using idealization method for this purpose. The author proposes a preliminary definition of the validity of norms and compares it with the conception of such a definition put forward by Leszek Nowak in Interpretacja prawnicza. Studium z metodologii prawoznawstwa.

An Essay on Natural and Distributive Justice

Author(s): Wojciech Dziedziak / Language(s): English Issue: 4/2020

The article addresses the issues of natural justice and distributive justice. The traditional formula “to render to everyone his or her own” (suum cuique tribuere) was taken as the point of departure. The discussion leads to the conclusion that natural justice concerns every person, and that everyone is entitled to inherent, innate rights, fundamental human rights. The exercise of natural justice ensures basic participation in the goods of the community, namely the state. This is so because this justice requires that every person be provided with an existence appropriate to the dignity of the human person. The relationship between natural justice and distributive justice exists at the level of elementary objective needs. Natural justice, when exercised, in a sense meets the formula “to render to everyone according to their legitimate needs”, meeting objective, basic needs, but this applies only to part of society. This justice is broader, it does not boil down to these elementary needs and, of course, it relates also to other things than needs. In a sense, it could be said that natural justice “intervenes” where justice applied according to the principles of proportionality is not enough. Man, with his or her guaranteed natural, equal rights enacted as positive law in line with natural justice, through his or her own action “uses justice” by using (positive) law and provides himself or herself with a decent life. However, natural justice does not omit anyone, its implementation actually replaces the formula of distribution justice “render to everyone according to legitimate needs”. In distributive justice, equality is about proportion to the contribution made, but also to the merit. Of these two principles, the guiding principle, because of its universality, is the formula “render to everyone according to their contribution”: those who contribute more to the good of the community, receive more.

ANA BAZAC (COORDONATOR), DESPRE DREPTATE: PERSPECTIVĂ MULTIDISCIPLINARĂ

Author(s): Ștefan Viorel Ghenea / Language(s): Romanian Issue: 37/2016

Review of: Ana Bazac (coordonator), Despre dreptate: perspectivă multidisciplinară, Craiova, Editura Aius, 2015.

AnthroHeinrich Beck, Dialogik – Analogie – Trinität: Ausgewählte Beiträge und Aufsätze des Autors zu seinem 80. Geburtstag

Author(s): Bogoljub Šijaković / Language(s): Serbian Issue: 2/2014

A-podmiotowość władzy – mit i rzeczywistość, czyli Zakład Ubezpieczeń Społecznych jako władza „suwerenna”

Author(s): Arkadiusz Barut / Language(s): Polish Issue: 2/2015

The subject of the article is the analysis of a specific feature of contemporary political and administrative power. As analytic categories the author uses Foucaultian concepts of power discourses: sovereignty: the type of individualized power which strives for self-conservation (pre-modern type of power) and governmentality – the type of non-individualized power the aims of which are control and management of the population (modern type of power). Contemporary power – the bureaucratic power described by M. Weber etc. – seems to be the type of governmentality. But in this field emerges a new type of sovereign power legitimized by the discourse of governmentality – management and protection of the population. Its examples are analysed by G. Agemben i J. Butler indefinite detention in Guantanamo. In this articles, the author focuses on symptoms of the new type of sovereignty in day-to day government action – the practice of the polish organ of compulsory social insurance – Social Insurance Institution (Zakład Ubezpieczeń Społecznych).