Filozofia Publiczna i Edukacja Demokratyczna, 2015, Tom 4, Nr 1


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    Spis treści
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015)
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    Teoria prawa Zygmunta Ziembińskiego
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Kordela, Marzena
    Zygmunt Ziembiński was one of the most prominent theoreticians of law in Poland in the second half of the 20th century. He developed an original theory of law defined as a theory of legal phenomena, which covered both logical-linguistic as well as real aspects of law. The theory served as a base for the development of a unique so-called advanced normative conception of sources of law, one of the greatest achievements of theory of law in Poland. This conception encompasses all the indispensable elements of a coherent system of binding legal norms: 1) indication of a political justification (ideological assumptions) of the entire system of law; 2) pre-judgment of law-making competence of government agencies; 3) determination of the status of custom and precedent; 4) compilation of a catalogue of permissible interpretation rules; 5) compilation of a catalogue of permissible inferential rules (permissible rules of legal inferences); 6) compilation of a catalogue of permissible collision rules.
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    Teoretycznoprawne aspekty operacjonalizacji ochrony praw człowieka w państwie z perspektywy globalnego systemu prawa (Zarys problematyki)
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Liżewski, Bartosz
    The article is devoted to the presentation of the outline of the concept of operationalization of human rights taking place in the states involved in the system of international protection of those rights. The concept of operationalization of protection is a collective term for a series of processes that lead to the establishment of legal provisions protecting human rights, and to transfer this abstract construct to specific societies. It includes both the decision-making processes of extralegal (uprising idea, its conceptualization, social issues and change the perception of axiology of society, cultural aspects) and legal (lawmaking and law application processes in the aspect of human rights and the impact of international institutions on them) character. The essence of the process of operationalization is providing effective protection of human rights in a state. The concept is set primarily on the consequences of membership of Poland in the system of the Council of Europe.
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    Critics of Human Rights from a Historical Perspective
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Bulgan, Birden Güngören
    Implementation of human rights is often criticized because it is perceived as being imposed on the rest of the world. In this case, human rights start to be seen as a sole abstraction, an empty word. What are the theoretical arguments of these critics and can we determine any historical grounds for them? In this paper, I will try to point at similar critics after the French Revolution – like that of the Historical School and Hegel – and try to show if some of these critics are still relevant. And I will compare these critics with contemporary arguments of cultural relativists. There are different streams and categorizations of human rights theories in today’s world. What differentiates them is basically the source of the human rights. After the French Revolution, the historical school had criticized the individuation and Hegel had criticized the formal freedom which was, according to him, a consequence of the Revolution. In this context Hegel drew a distinction between real freedom and formal freedom. Besides the theory of sources, the theories of implementation such as human rights as a model of learning, human rights as a result of an historical process are worth attention. The crucial point is about integrating human rights as an inner process and not to use them as a tool for intervention in other countries, which we observe in today’s world. And this is the exact point why I find the discussion of the sources more important. This discussion can help us to show how the inner evaluation of a society makes the realization of human rights possible and how we can avoid the above mentioned abstraction and misuse.
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    Udział stowarzyszeń zwykłych w postępowaniu sądowoadministracyjnym w sprawach z zakresu ochrony środowiska – analiza rozbieżności w orzecznictwie
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Korzeniowski, Piotr
    Participation of unincorporated associations in court and administrative proceedings is a tool of public participation which is a part of basic principles of performance of a democratic country and a civil society. By means of abiding by those principles administrative bodies and courts respect the rule of law and it becomes a standard. The rule of public participation can be as well treated as a part of the basic civil rights stipulated in the Constitution. By respecting the right of unincorporated associations to participate in court and administrative proceedings in environmental protection-related cases the goals and functions of environmental protection law can be accomplished.
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    Analiza terminów „stosunek społeczny” a „stosunek prawny”
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Bekrycht, Tomasz
    Analysis of terms ‘social relationship’ and ‘legal relationship’ in the literature of legal theory and legal philosophy encounters many difficulties especially because of the ambiguity of such terms as ‘law’, ‘positive (statutory) law’, ‘rule’, ‘legal rule’, ‘norm’ and ‘legal norm’. Insight into the mentioned above literature points out that particularly the former pair of these notions have been so far wrongly considered as equivalent. It does not result a correct description of the relationship between different normative social systems such as statutory (positive) law, morality, religion and customs. Next it translates into a numbers of disputes about the content of positive law both in law-making’ and law-applying’s decisions.
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    Piękny czy dobry? Moralny wymiar upiększania ciała
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Napiwodzka-Bulek, Karolina
    The main purpose of the article is to point outsome relations between beauty and good in contemporary reality. The main question that arises here is as follows: is the relationship of beauty and moral good still relevant? The concept presented in the thesis refers to the ancient idea of kalokagathia. It stated that beauty is inseparable from moral good. As far as this ancient perspective is concerned, it can be treated as the background for contemporary considerations about the main issue of beauty and good. The article refers to the concept of aestheticization by Wolfgang Welsch. He defines aesthetics as the primary guiding value, where as experience and entertainment have become the guidelines for contemporary culture. Moreover, the thesis mentions the concept of the consumer society and new ethics of the relation to the body as it is described by Jean Budrillard. Then the narration of the article focuses on the following problem: in what sense can we talk nowadays about moral motivation for beauty treatments of body? One assumption leads to the case of looking after one’s body. Another point of view mentions the need of harmony which manifests itself in beautiful body. Eventually, the central question emerges whether contemporary practice of beautifying the body can be a part of the concept of the good life or not.
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    Kształtowanie umiejętności wnioskowania sylogistycznego
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Smolak, Maciej
    The article consists of two parts. In the first part the author presents the characteristics of syllogistic reasoning, in the second part describes a set of exercises that are useful in teaching and developing the skill of syllogistic reasoning. The exercises belong to the teaching tools called interactive teaching methods and are of varying level of difficulty.
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    Inclusion as a Moral Challenge: the Potential of the Konstanz Method of Dilemma Discussion® (KMDD®)
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Reinicke, Martina
    This article presents the Konstanz Method of Dilemma Discussion ® (KMDD ®) and explains the integration of the KMDD ® in ethics lessons. In this paper, some special learning effects of this inclusive teaching and learning method are shown. Furthermore, it investigates the questions of how to achieve more knowledge in ethics lessons by dialogue and how to realize better moral development, particularly by handling of differentiation. Moral education of all participants who are involved in the learning process (learners and teacher alike) is a crucial task of every true inclusion. True inclusion means building optimal learning conditions in keeping with the free will of all participants. Because our society is transforming constantly in both global and demographic aspects, coping with these challenges is mandatory.
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    Heurystyka strachu. Czy ambiwalencja lęku może być dla nas pouczająca?
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Tibaldeo, Roberto Franzini; Nowak, Ewa; Huk, Marta Zuzanna
    The paper assumes that fear presents a certain degree of ambivalence. To say it with Hans Jonas (1903-1993), fear is not only a negative emotion, but may teach us something very important: we recognize what is relevant when we perceive that it is at stake. Under this respect, fear may be assumed as a guide to responsibility, a virtue that is becoming increasingly important, because of the role played by human technology in the current ecological crisis. Secondly, fear and responsibility concern both dimensions of human action: private-individual and publiccollective. What the ‘heuristics of fear’ teaches us, is to become aware of a deeper ambivalence, namely the one which characterizes as such human freedom, which may aim to good or bad, to self-preservation or self-destruction. Any public discussion concerning political or economic issues related with human action (at an individual or collective level) ought not to leave this essential idea out of consideration.
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    Czy jesteśmy odpowiedzialni za nasze działania?
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Seel, Gerhard; Cern, Karolina M.; Kuśnierz, Krzysztof
    The article discusses a responsibility game which is, in fact a ‘question-answer-game’. Firstly, the characteristic of the responsibility game is made. Secondly, the ontology of the responsibility game is settled. Thirdly, the causality of our intentions and the process of decision making are analysed in-depth. Fourthly, the importance of a decision criterion for the process of decisionmaking is proven; whereby, a definition of an action an agent is morally responsible for is finally formulated.
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    Zaufanie a stosunki osobiste
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Budnik, Christian; Huk, Marta Zuzanna
    Trust is a pervasive phenomenon in our lives. We trust our family members and lovers, our physicians and teachers, our politicians and even strangers on the street. Trust has instrumental value for us, but at the same time it is often accompanied by risk. This is the reason why it is important to distinguish trust that is warranted or justified from blind trust. In order to answer the question how trust is justified, however, it is crucial to know exactly what is the fundamental nature of trust. In the paper, I reconstruct three accounts of trust that operate with the assumption that trust is fundamentally a mental state – the cognitivist account, the voluntaristic account and the affect-based account. I argue that all of these accounts make reference to deeply held intuitions about trust that are incompatible with each other. As a solution to this unfortunate dialectical situation, I suggest to give up the assumption that trust is primarily a mental state. Instead, I argue for a position according to which trust is best understood as a two-place predicate that characterizes a specific relationship in which we can stand to each other.
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    Law and Literature – a Meaningful Connection
    (Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2015) Škop, Martin
    The connection between law and (imaginative) literature can still affect surprisingly. The theme of the present article is to summarize some of the basic features of the movement, which is called „Law and Literature” and to suggest some starting-points with which it is associated. These starting points include, for instance linguistic conception of law, narratology in law or the relations between law and culture. The article offers an overview of the classical approaches connecting law and literature and mentions the reasons for this connection: e.g. cultivation of law and lawyers, improvement of judicial decisions or improvement of legal interpretation. Some of the findings resulting from the joint of law and literature can be used in practice and goes beyond „mere” theory. The article is to be seen as an introduction to the movement of „Law and Literature”, presentation of ideas on which this movement is based and offering the possibility of its further development.
Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego