Filozofia Publiczna i Edukacja Demokratyczna, 2014, Tom 3 Nr 1
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Item Redakcja / Rada Naukowa / Strona tytułowa / Editors & Editorial Board / Title page(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014)Item Filozofia Publiczna i Edukacja Demokratyczna, Tom 3 (2014) Nr 1 – Spis treści / Contents(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014)Item Seminarium z zakresu transdyscyplinarnych badań naukowych:(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Cern, Karolina M.Item Artura Kozaka cierpliwość wobec prawa(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Pichlak, MaciejThe essay treats on a legal-theoretical project of ‘iuriscentrism’, proposed by Polish legal philosopher Artur Kozak. It begins with an exploration of theoretical and axiological foundations of this theory, which are, first and foremost, sociological institutionalism (as for a social ontology), philosophical transcendentalism (as for a theory of knowledge and action), and affirmative approach towards axiological foundations of the legal order. Subsequently, the article focuses on practical consequences of the above choices, which are a limitation of the judicial discretional power, and a unique way of legitimating the legal practice. According to iuriscentrism, the law is said to play a focal role in the contemporary, ethically pluralist and functionally differentiated societies; for those reasons a special approach to the legal order, the one termed as ‘a faith in law’ or ‘a patience to the law’, is necessarily required.Item O ekscentrycznej tożsamości spadkobierców Rzymu, czyli o tym jak niewielu jest dziś Europejczyków(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Mathiesen, AleksandraTaking under consideration Remi Brague’s point of view in a discussion of the European identity, the author of the article searches for a new insightful consideration on the problem of ‘being European’. In the cultural perspective the individual sense of belonging, creating an identity, depends on both historical and conscientious mechanisms, thus on the changeable factors affecting the individualities entangled in a struggle for ‘being European’. Therefore Brague introduced, instead of a ‘stable idea of Europe’ which European-to-be can relates to, the cultural form of ‘Roman attitude’ which remains crucial for creating the ‘European identity’. Actually, to put it bluntly, becoming an ‘heir of Rome’ is indispensable to become ‘European’, to exercise ‘Roman attitude’.Item Dylemat wolność – bezpieczeństwo albo o pożytkach z instytucji czynności operacyjno-rozpoznawczych(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Mazur, PawełThe purpose of this article is to show a strong tension between two important values, namely freedom and security. A lawmaker has to choose a limitation of freedom to achieve security, which is very difficult. Legislator has to face with the dilemma in time of an institutional transformation. That time usually brings a radical growth of criminality. In such circumstances citizens demand from the legislator an effective fight with this serious threat. A lawmaker has to enable citizens both security and freedom by various legal institutions for example initial investigation. The initial investigation is based on a secret interfering in privacy for instance: a wire tapping by such services as police or secret service. This controversial solution has led so far to the reduction of crimes, especially organized. It can be justified by Max Weber’s ethics of responsibility. A lawmaker, however, has to protect the whole political community by some controversial institutions from the moral point of view.Item Prawa pacjenta z perspektywy funkcjonalnej refleksji(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Kmieciak, BłażejIn 1991 was passed in Poland the Healthcare Institutions Act. In the cited act was for the first time used the phrase of „patient’s rights”. Currently in our country there are several other laws that directly relate to that issue. In recent years, there has also been set up new offices in the field of patients’ rights (Patient Ombudsman, Ombudsman for Psychiatric Patients and specialist for patient’s rights working in hospitals). Discussions concerning rights of the patient most often relate to matters of a formal nature. Specialist literature refers basically to: the issue of consent to treatment, the issue of medical confidentiality, the aspect of the dignity of the patient and the system of protection of patient rights using the services of the health care system. Rarely however – in this context – debates undertake a problem of the importance of interaction between a patient and a doctor. There is also no reflection on the position that physicians and patients occupy in the course of treating. The present text aims to depict the patient’s rights from the perspective of functional reflection. In the first place, it will be presented the context of treatment within which the sick and the doctors as well as nurses play their roles. In particular, it will be shown the commercial face of medical services. Based on the concept of ombudsman will be taken also an attempt to present medical staff as „the first ombudsmen of the rights and interests of the patient.”Item Uprawnienia mieszkańców jednostek samorządu terytorialnego w zakresie dostępu do informacji publicznej(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Cern, Grażyna; Bojar-Fijałkowski, TomaszThe text tries to answer a question which information is to be recognized as public information, whereby local communities and/ or self-government should share the information if requested by citizens. More than that, the text aims to present the rule of disclosure and access to public information as well as ways of implementing them in local governments. It is also worth to debate when public information is recognized as processed and what an internal document is, if it is also recognized as public information. In consequence, a requirement to prove a special social interest, when applying for the processed information, also becomes a significant issue. Finally, authors raise a question what to do when an organ which is obliged, in this case a self-government unit, rejects an access to such information or when one deals with its inaction in that field. Due to a generality of those regulations and lack of legal definitions of many instruments, including the term of public information, it is necessary to present a doctrine and judgments on that issue.Item Przedmioty humanistyczno-społeczne na uniwersyteckiej uczelni technicznej – założenia i praktyka(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Dydycz, Bożena; Zienkiewicz, DariuszIn the article the authors analyze to what extend the participation of the University in the Bologna Process supports teaching humanities and social sciences and what difficulties it might cause. Furthermore, basing on long-term didactic experience at the University of Life Sciences and Technology, they made an initial diagnosis of students’ knowledge and skills gaps (in learning outcomes) which result from insufficient number of humanities and social sciences class hours. According to the authors, aforementioned situation is the result of underestimation and sometimes lack of understanding of the role of those subjects.Item Prawa socjalne - ich miejsce w systemie prawa oraz znaczenie w społeczeństwie(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Kalisz, AnnaThe paper is an approach to present the category of social rights in the background of entire legal system of the human rights protection. It is particularly dealing with the issue of nature of the 2nd generation of human rights and its significance for society. It starts with a brief presentation of the philosophical (human dignity) and normative roots as well as a short historical view of the human rights’ codification; the established legal terminology (human rights, fundamental rights, individual rights and liberties) and various levels of the legal protection (international – of global or regional nature, supranational and national one). Thereafter it focuses directly on the issue of social rights. Unlike the 1st generation of human rights, they are rather connected with public activity, policy and services (facere) than with autonomy and liberty (non facere). This, in turn, demands appropriate institutional structures and procedures. Social rights are hardly provided – in a binding and effective way – by global or regional international law. Thus, the burden of their protection, guaranty and execution is satisfied by the particular state and depends on its economic and social circumstances. On the other hand – they significance is based on fact that they serve the protection of social security which is the fundamental issue for both – dignity and sense of community.Item Amerykański język praw podmiotowych a demokracja(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Raburski, TomaszThe article explores the link between the language of rights and democracy. The author asks whether the dominance of the language of rights in the United States is responsible for the overall condition of American democracy, and the lack of such dominance may have a negative impact on the Polish public sphere. The beginning of the article describes the problems with translating the word „right” from English into Polish. In the next part, the different forms and types of rights are described. Then, a meaning of the „language of rights” is presented. Other languages of public discourse are mentioned for comparison. The consequences and functions of the language of law for the public sphere and democracy are widely discussed. The critical voices about the impact of rights are examined. Finally, the article answers the question about the role of rights in the Polish public sphere and democracy.Item Trzy teologie polityczne Carla Schmitta(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Buksiński, TadeuszThe article refers exclusively to the Carl Schmitt’s political theology. His three conceptions of political theology and corresponding theoretical approaches are reconstructed and precisely analysed. The first conception is called the sociology of concepts or the theory of analogies between religious and legal-political concepts. The second Schmitt’s approach to political theology is the eschatological conception. Both these conceptions are basically descriptive and analytical. Solely the third conception is normative (and political), therefore, its presents the concept of political theology as a normative approach to the Political.Item Libertarny radykalizm(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Juruś, DariuszIn the paper I identify foundations of radical libertarianism, which could be called libertarianism in a sensu stricto. This sense is perceived from the Rothbardian’s perspective, whose theory of property is pivotal for our considerations. Murray N. Rothbard claims that property rights, which are derived from the principle of self-possession, are absolute. The absoluteness of property rights is the core of our standpoint. We argue that to define libertarianism in a strict sense we need also, as supportive elements: (i) the doctrine of natural rights, on the ethical level; (ii) the Austrian theory of economy, on the level of economics; and (iii) individualistic anarchism, on a political level. We believe that the absolute right to property and these three theories can be considered as a coherent theory which we can call libertarianism in a strict sense.Item „Kolektywne” prawa człowieka źródłem ochrony mniejszości?(Wydawnictwo Naukowe Instytutu Filozofii, 2014) Lohmann, Georg; Byczyński, MarcinProtection of minorities is a current and worldwide political problem. Therefore, the article discusses Will Kymlicka’s proposals regarding an idea of a ‘collective’ right, that is, a right of which a holder is a collective. This kind of a right is supposed to extend the canon of human rights in order to include the collective rights (as human rights of the third generation).Item Krytycznie o „wyjściu”(Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM, 2014) Dudek, MichałIn multiculturalism, “exit”, or to be more precise, “right to exit” is very often thought of in terms of a condition of state’s non-interference in the minority groups. However popular, this account seems to be flawed with a number of controversial assumptions, questionable theoretical and practical implications and can lead to significant paradoxes. First of all, treating “exit” as a state’s non-interventionism condition also means that in fact representatives of minority groups should actually leave their communities in order to obtain all of the civil rights and liberties – be treated as “full”, not “partial” citizens. Various other problems connected with this account (i.a. the issue of general function of “right to exit” and civil rights and liberties or mutual relations between these two categories) presented and discussed in the paper justify a proposal of change of approach towards concept of “exit”. Either one should take really seriously the assumed normative character of it and construct a whole separate theory of “right to exit” from scratch, or maybe one should simply stop treating leaving one’s oppressive culture in terms of “right” or “freedom” and understand it only in descriptive manner.