Uprawnieniowe prawo naturalne i jego zakres w filozofii Pawła Włodkowica

Author(s): Magdalena Płotka / Language(s): Polish Issue: 1/2015

The purpose of this article is to attempt to provide a more precise answer to the question of Paul Vladimiri’s account of the concept of permissive natural law. This purpose is realized in two steps. First, a brief history of permissive natural laws in the tradition of medieval philosophy is discussed, and the historical context, in which Paul Vladimiri developed his theory of natural law, is outlined. Next, some excerpts from Vladimir’s writings are analyzed, in which he uses phrases indicating the presence of the concept of permissive law in his philosophy.

Z życia Sekcji Polskiej IVR i „Archiwum”

Author(s): / Language(s): Polish Issue: 1/2011

The Philosophy of Legal Education in Contemporary Ukraine: Worldview Basics

Author(s): Volodymyr O. Zarosylo,Vitalij V. Zarosylo,Julia H. KOROSTASHIVETS,Nadiia Bortnyk,Ulyana M. Parpan / Language(s): English Issue: 38/2018

The relevance of the study is due to the fact that in society, education is perceived as a spiritual substance, which must develop the abilities and natural instincts of man, and at the same time contribute to the growth of the intellectual potential of not only the individual but society and the state as a whole. The purpose of the research is the philosophical approach as a quality of rethinking of legal education in different epochs and its differences, as well as socio-cultural conditionality of legal education in Ukraine. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

Kann Gerechtigkeit ungerecht sein? Feministische Kritik an dem Kanon des politisches Denken

Author(s): Anna Citkowska-Kimla / Language(s): German Issue: 1/2019

In the article, there are presented two situations wherein the application of a particular concept of justice appears as injustice. The first case refers to the feminist interpretation of Aristotle’s philosophy of justice, more specifically his “responsibility” for the exclusion of women from the public sphere. It also refers generally to the feminist criticism of the canon of political thought. The second one covers the area of interpersonal relations, especially between parents and children.

O racjonalności państwa prawnego w myśli Roberta von Mohla

Author(s): Paweł Lesiński / Language(s): Polish Issue: 1/2019

The idea of the state of law (Rechtsstaat) derives from the sphere of German science. Its sources can be found at the turn of the 18th century, in the works of scholars like Immanuel Kant or Johann Wilhelm Petersen (publishing under pseudonym Johann Wilhelm Placidus). This article refers to the origins of the legal state idea in German thought. The major task was to analyze the early conception of Rechtsstaat idea in the thought of Robert von Mohl, German, early-liberal scholar, and politician. The article shall prove that the state of law concept in von Mohl’s thought was the rational one. This rationality was expressed not only by the “holiness of law” rule but also by assigning the state of law to fulfill the special task. This task was to support the citizens in overcoming obstacles that may occur in the realization of their “life goals”. The rationality of this concept proves the fact that this support should have a subsidiary nature. State should act only in the last resort when the forces and abilities of individuals and their free associations are insifficient.

Legal Positivism Social Source Thesis and Metaphysical Grounding: Employing Metaphysical Grounding based on Metaphysical Laws

Author(s): Szymon Mazurkiewicz / Language(s): English Issue: 2/2019

The core of legal positivism is the so-called social source thesis, which claims that legal facts are determined only by social facts. I examine an interpretation of this thesis that uses metaphysical grounding as an exact relation between legal facts and social facts. I argue that the current interpretation of the social source thesis in terms of metaphysical grounding has significant drawbacks that stem from it being based on the view that metaphysical grounding is a primitive relation. For that reason, the current interpretation is unintelligible and poses problems with explaining the normativity of legal facts. I present two other views on metaphysical grounding: that it holds due to essences of facts and that it holds due to metaphysical laws. I apply the notion that metaphysical grounding holds due to metaphysical laws and argue that in the case of grounding of legal facts in social facts, this metaphysical law is constituted by instrumental rationality. It provides intelligibility to this grounding relation, is able to explain the normative character of legal facts, and is compatible with the general form of explanation.

Diskurs „post-istine”: gdje je nestala istina u politici?

Author(s): Leon Cvrtila / Language(s): Croatian Issue: 2/2019

This article deals with analysis and interpretations of “post-truth” discourse. The term “post-truth” is surrounded by a set of narratives which came into being during 2016, inspired by the events of Brexit and Donald Trump’s presidential election. Using the approach of critical discourse analysis and insights of Pierre Bourdieu, I construct a framework for collection and analysis of discourse, but also for interpreting it in the context of the discourse-society relation. Using internet search engines, 419 (of which 203 have been analysed) relevant articles have been collected among news sites, online magazines, academic blogs, etc. This content was systemically categorized and presented in a diachronic and thematic manner. After analysis and interpretation, the “posttruth” discourse is found to function as an attempt at drawing the lines of political struggle through presenting a particular interpretation of contemporary political and social phenomena. The key term “truth” is identified in the discourse as an universal value that is currently endangered by populists and demagogues using unregulated media spaces of social networks. The “post-truth” discourse calls upon unification around the ideal of “truth” under the leadership of those which have the greatest insight into “truth” – scientists, experts and even journalists, understood as carriers of epistemic virtue. In the end I discuss the usefulness and future of the term “post-truth”. Even though it attempts to understand and describe contemporary social change, this attempt is burdened by its political demands, and thus doesn’t meet the criteria to make it a useful analytic term in social science. I criticise it’s depoliticizing vision, where “epistemically-deprived” enemies are disqualified in moral terms, denying the legitimacy of their demands and representations. The “post-truth” dis- course also demands the creation of new institutions for the purpose of information control on the internet, opening the gates to arbitrary censorship and concentrating discursive power in narrow groups, all based on an unclear idea of “truth”. The conclusion offers avenues for further research which could help to further understand the discursive-social aspect of “post-truth” as well as the phenomena that inspire it.

Концепція правової системи в теорії та філософії права: від утилітаризму до позитивізму

Author(s): O. M. Moskalenko / Language(s): Ukrainian Issue: 148/2020

The article is dedicated to the study of the inter-relation of the concept of the legal system in its contemporary understanding with a number of general phenomena, which are basic for the contemporary theory of state and law. This analysis is provided in the context of historical and legal discourse within which is studied the transformation of the ideas of the leading theorists and philosophers of law for the period between the end of the eighteenth and the beginning of twentieth century. The major conclusion of the provided analysis is the thesis that the legal system is a complex social phenomenon, which takes one of the central places in the theory of law. The determination of the essence and content of the concept of the legal system was an essential part in the works of a number of well-known theorists of law, starting from the second half of the eighteenth century. Despite the fact that in the context of the historical evolution of both society and the legal science, the ideas on the essence of the legal system altered considerably, the researchers adequately emphasized the inter-relation of the legal system with such phenomena as sovereignty, legislative practices, law-enforcement, administrative and judiciary systems, the ideology predominant in the society, etc.

«Семья» и «род» в архаическую эпоху древней Греции: реформы Солона в области семьи и брака

Author(s): Alexandra Solovyeva / Language(s): Russian Issue: 1/2020

Present day classical studies witness some sort of renaissance in the study of reformist activities and the personality of the Athenian politician Solon. Solon's laws on family and marriage are less studied, as are the ideas of the Athenian reformer about these social institutions. This is due to the lack of evidence on this issue and the complexity of the interpretation of these legal provisions, which was noted by the ancient authors themselves. The aim of this work is to review and analyze ancient evidence of the reforms of Solon, which affected property issues in the field of family and marriage.

On Stoic Self-Contradictions: ἀδικεῖν vs. βλάπτειν in Chrysippus (SVF III, 289)

Author(s): Andrei Seregin / Language(s): English Issue: 2/2020

In this article, I offer an analysis of Chrysippus’ treatment of “injustice” (ἀδικία) in SVF III, 289. First, I show that he espouses two theses: I) Every injustice is an act of harming those who suffer it; II) One who does injustice to others thereby does it to one-self. Then I discuss the two most plausible interpretations of II): a) One who does “conventional” injustice to others, i.e. causes them non-moral harm, thereby does “moralistic” injustice to oneself, i.e. makes oneself morally worse; b) One who does “moralistic” injus-tice to others thereby does it to oneself. I show that a) is untenable because the Stoics reject the very notion of non-moral harm, and b) fails because they believe that moral harm is basically self-regarding.

Естественное право как способ достижения общего блага: интерпретация аргументов Фомы Аквинского и Дж. Финниса

Author(s): Anton Didikin / Language(s): Russian Issue: 2/2020

The paper interprets the arguments of Thomas Aquinas on natural law as a way to achieve the common good, which had a significant impact on John Finnis’ natural law theory. The author reveals the conceptual foundations of J. Finnis’ understanding the morally justified actions of people in the community aimed at the obtaining of basic benefits, and the debatable issues of his theory in modern philosophical and legal research. The author arrives to the conclusion that the reinterpretation of J. Finnis analysis of the grounds for ethically significant actions leads him to formulate an instrumental approach to natural law as a rational way to implement a decent life.

Насилството на преправањето: Законот преоблечен во правда

Author(s): Drucilla Cornell / Language(s): English,Macedonian Issue: 2/2004

The Epistemology of Law in the Light of the Metaphysical Legitimation of Law

Author(s): Tomasz Bekrycht / Language(s): English Issue: 65/2018

The problems associated with understanding law as the regulator of social relations involve many separate issues which undoubtedly constitute intellectual challenges for the philosophy of law. In this context, the philosophy of law inquires, inter alia, about whether law exists as a universal structure of the category of being, and about the possibility of the objective cognition of law as an ontological and deontological category. However, it transpires that this task is by no means easy, when it comes to questions concerning epistemological and ontological issues in relation to law – and consequently its justification (the metaphysics of law), and then its legitimation – unequivocal answers are not forthcoming.

Człowiek i jego prawa w ujęciu Mieczysława A. Krąpca

Author(s): Tomasz Ćwiertniak / Language(s): Polish Issue: 40/2018

The aim of this article is to present the philosophical conception of man formulated by M.A. Krąpiec, one of the foremost representatives of existential Thomism. This conception is shown within the context of the philosophical foundations of social and political life. It is justified by the fact that man is the real purpose and subject of political activity. However, the understanding of politics depends on the understanding of man; from this perspective man appears as a person — an independently existing subject, comprising a unity of body and soul and endowed with intellectual cognition and free will. Such a person expresses him-/herself most fully through acts of decision; in these acts, as well as in acts of cognition and love, the human person transcends nature and society. This attests to the particular dignity of the human person and points to the fact that every human person has inherent inalienable rights.

O DWÓCH TYPACH RANDOMIZACJI W DECYZJACH DYSTRYBUCYJNYCH

Author(s): Wojciech Załuski / Language(s): Polish Issue: 31/2019

The purpose of the article is to provide a comparative analysis of two types of randomization – egalitarian and proportional – in distributive decisions, with a view to determining conditions in which they can be applied. It is argued in the article that justice reasons in favor of egalitarian randomization should be construed broadly (as embracing not only the situation of indifference – the equal satisfaction of a given criterion, but also the situations of the lack of criteria or their incommensurability), and that they are stronger than utilitarian reasons. It is also argued that the conflict between justice ex-ante and justice ex post may take an acute form only in the case of proportional randomization, which is why this type of randomization can be applied relatively rarely – only in two situations: if the distribution is repeatedly made and/or if the differences between claims of the candidates (for a good/burden being distributed) are not substantial. Some other differences are also pointed out in the article, e.g., that while proportional randomization must always be statistical, egalitarian randomization may be at times epistemic. It is also argued that in some circumstances (e.g., in the context of the so-called Number Problem) doubts may arise as to which type of randomization should be applied, and the applications of both types may prove to be equivalent.

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’.

Legal Interpretation: Towards a New Paradigm?

Author(s): Bartosz Brożek / Language(s): English Issue: 4/2020

This paper considers the foundations of legal interpretation against the background of the theory of embodied cognition and mental simulation. It is argued that interpretation has a double, concrete-abstract nature. The understanding of concrete language is made possible by the mechanism of mental simulation. In turn, the interpretation of abstract language (and hence of most of legal language) requires to apply the procedures of exemplification, paraphrase and embedding. The relationship between these two modes of language comprehension is analyzed and the thesis is defended that they represent two extremes of a continuous spectrum rather than isolated mechanisms. Finally, the significance of such a conception of interpretation for legal methodology is considered. It is argued that the conception provides a unifying, foundational framework for any theory of legal interpretation, as well as generates fresh insights into the nature of understanding legal statutes.

Justice and Mercy: Recent Catholic Teaching and Martha Nussbaum’s Political Emotions: Why Love Matters for Justice

Author(s): Robert Gascoigne / Language(s): English Issue: 2/2019

This article compares the understanding of mercy in recent Catholic theology and Church teaching with the concept of compassion in recent writings of Martha Nussbaum. It considers the implications of this comparison for the understanding of justice in public life, and the contrast between “external” and “internal” transcendence in Nussbaum’s thought in relation to a Biblical vision of divine mercy.

ARTYKUŁ RECENZYJNY: BRIAN LEITER, WHY TOLERATE RELIGION?

Author(s): Grzegorz Maroń / Language(s): Polish Issue: 25/2019

Review of: Grzegorz Maroń - BRIAN LEITER, WHY TOLERATE RELIGION?, PRINCETON, PRINCETON UNIVERSITY PRESS, 2013, SS. 187

POLISH CRITICISM OF HANS KELSEN’S NORMATIVISM

Author(s): Małgorzata Łuszczyńska / Language(s): English Issue: 27/2019

The article introduces the reader to the main theses voiced by opponents of Hans Kelsen’s theory. Notably, the review focuses on the most original achievements which can be found in the related Polish literature; these include the critical comments by Jerzy Lande drawing on the premises of juridical psychologism, the Thomistic critique of the Vienna School’s assumptions authored by Czesław Martyniak, as well as Marxism-based criticism by Jerzy Wróblewski. All of the critical reviews address the basic norm and the separation of being and obligation. Each concept uses its own argumentation when critically evaluating specific assumptions of Hans Kelsen’s legal normativism. Notably, the critical comments formulated by Jerzy Lande and Czesław Martyniak, by no means aimed to discredit the doctrine, contrary to the approach adopted by Jerzy Wróblewski.