Przeciwko lokalnej teorii znaczenia dla języka prawnego – uwagi ogólne

Author(s): Paweł Banaś / Language(s): Polish Issue: 1/2017

Within philosophy of law as well as philosophy of language one can find a view suggesting that legal and natural languages have two different theories of meaning: meaning externalism and intentionalism accordingly. This view can be interpreted as a metaphysical one, ie. that there are two different kinds of facts that determine that expressions of legal and natural languages mean whatever they mean. For natural language these facts would be intentions of the speaker. Such a view of natural language seem intuitive as the aim of a communication is usually trying to grasp whatever a speaker has in mind. Such a view proves, however, problematic for the legal language. Meaning exteralism for legal language, on the other hand, allows for law to be objective. But it must show how its expressions are meaningful (as content is usually closely related to intentionality). As a result, a satisfactory theory of facts constituting linguistic meaning might require a pressuposition that meaning (also legal or natural) is a social artifact: its content is constituted by some kind of collective intentionality of language users. This solves a numer of problems with both intentionalism and meaning externalism – but also creates new ones that might require further studies.

Teoria prawa wobec wyzwań pragmatyzmu analitycznego

Author(s): Maciej Dybowski / Language(s): Polish Issue: 1/2017

The article is a metaphilosophical and metatheoretical discussion relating to the theory of law pursued in the mainstream of the classical project of analysis. The purpose of these remarks is to show the challenges which philosophical pragmatism, and especially analytical pragmatism, poses to classical analysis. The first part of the text is devoted to the presentation of the mainstream of postwar Polish law theory as the implementation of the analysis program, with the conception of Z. Ziembinski serving as an example. The next part characterizes analytical pragmatism of R. Brandom and the challenges addressed to such research programs as classical analysis. The last part examines philosophical benefits that classical analysis could obtain by embracing the challenges of analytical pragmatism. These include the ability to overcome the cognitive dualism, better justification of rationality and extending the anthropological perspective.

Metafory, prawo i artefakty, czyli kilka uwag na temat pojęć prawnych z perspektywy kognitywnej

Author(s): Marek Jakubiec / Language(s): Polish Issue: 1/2017

The issue of artefactual character of law is an interesting subject of discussion among the philosophers of law. Although it may seem to be just one of the typical disputes about words, it serves an interesting point of reference for the analyses devoted to the nature of legal concepts from the perspective of cognitive sciences, which in turn leads to a more general reflection on the origins and nature of law. In the paper I explore, firstly, some aspects of philosophical discussions concerning artefacts and, secondly, I outline the theory of conceptual metaphors (including the character of mapping and embodiment). Then I point out how the analysis of legal concepts from the perspective of selected aspects of cognitive science matters for the theorizing about ontology of law.

W poszukiwaniu ukrytej natury – rodzaje naturalne a język prawa

Author(s): Bartosz Janik / Language(s): Polish Issue: 1/2017

In the theoretical legal literature there are views that consistently want to combine natural kinds with semantics of legal language (M. Moore, D. Brink, N. Stavropoulos). The motivation for creating such a theories is the desire to get the semantics of the legal language to be realistic. This semantics should enable the formulation of an objective theory of legal determination. Very often, the obvious objection to such theories is that the legal terms do not correspond to any objects in the world. The purpose of this article is to examine these ideas and attempt to show that the nature of the legal terms directly shows the impossibility of building an objective discourse for such terms (where objectivity is understood as objectivity in the scientific sense). Regardless, such theories can be formulated and treated as objective but the objectivity of those theories will come from methods of construction of the objects and not from their nature.

Różne teksty – podobna wykładnia. Interpretacja prawa a interpretacja Biblii

Author(s): Bartłomiej Dębski / Language(s): Polish Issue: 1/2016

This paper concerns similarity of interpretation of law and interpretation of the Bible. It focuses on the same mechanisms grounding both the principles of interpretation of law and interpretation of the Bible. First, similar textual principles of interpretation are briefly described. Second, extra-textual principles of interpretation are given. In the second part some shortcomings of legal extra-textual principles of interpretation are also indicated. At the end of the text, a theory that allows to disregard these shortcomings is proposed.

Prawo jako przedmiot kulturowy w filozofii prawa Carlosa Cossio

Author(s): Krzysztof Goździalski / Language(s): Polish Issue: 1/2016

The main purpose of this article is to present the view of an Argentinian legal philosopher Carlos Cossio on the issue of law. He called his philosophy “egology”. The originality of Cossio’s works is expressed by a strong relationship between philosophy of law and his philosophical assumptions. The starting point for deliberating on law are widely recognized onthological and epistomological contentions. Cossio justifies his legal theses basing them on his philosophical views. Egology derives from Edmund Husserl’s phenomenology which is related to some elements of William Dilthey’s philosophy of culture. Martin Heiddeger’s and Immanuel Kant’s philosophies are the basis too. I described Cossio’s ontologies of subjects otherwise known as regional ontologies. I also presented methods for examining the above subjects and gnoseological acts which those methods comprise. I presented the characteristics of law as a cultural subject. The text is not only a report. Its aim is to show that Carlos Cossio’s legal philosophy is also semantic in character.

Konflikt pomiędzy lekarzem i pacjentem: próba diagnozy, propozycje „leczenia”

Author(s): Błażej Kmieciak / Language(s): Polish Issue: 1/2016

Patients’ rights have become in recent years a particular element of the discussion on health care. They refer to a special relationship. It is often associated with situations in which the medical expert must step into the intimate sphere of life of the sick person. This person also often experience physical or mental suffering. In debates on medicine appeared, however, a new element. It refers to information on conflicts between patients and doctors. These conflicts have a special character. They occur between the person needing help, and an expert who can give it. It is worth to think about: What is the source of that conflict? Does this conflict deepens? Are there systemic forms of assistance in resolving the dispute? Are the mediation procedures may be supported in similar difficult situations? The proposed text is attempt to answers to the above questions.

Wpływ redukcji dysonansu poznawczego na treść prawa pozytywnego. Eufemizmy

Author(s): Sławomir Piekarczyk / Language(s): Polish Issue: 1/2016

The written law is a result of collective normative decision. It is enacted by competent members of legislative body being people which aren’t free from their experiences and motives in the process of the enactment. Therefore the following question appears – what occurring processes at these persons can affect contents of the law. To find an answers (explanations), there is a need to go beyond classical law research, to the direction of outside integration theory of law and derive them from such a disciplines as psychology, sociology, political science, cognitive science and the other. Presented paper uses a theory of cognitive dissonance, derived from social psychology and developed by Leon Festinger (1957’) to formulate a hypotheses about the influence of cognitive dissonance reduction on the content of written law, which expressions may be euphemisms used by legislator.

Czy modny i sprawiedliwy mogą mieć ze sobą coś wspólnego? – czyli kilka słów o thick terms, thick concepts oraz thick properties

Author(s): Izabela Skoczeń / Language(s): Polish Issue: 1/2016

In the present article I explore two questions. First, what are the theoretical relations between thick terms, concepts and properties? I try to depict that the answer is dependent upon a choice of philosophical assumptions. Second, I explore what are the possible bonds between descriptive and evaluative components of thick expressions. I concentrate on the nature of the evaluative component and contrast the semantic and pragmatic approaches. Finally, I conclude that terms such as ‘legal’ are par excellence thick. Therefore, we should be aware of all the theoretical intricacies of the evaluative content when building a coherent theory of the legal realm.

VII Zjazd Młodych Teoretyków i Filozofów Prawa „Wymiary prawa”, Poznań, 6-9.09.2015 r.

Author(s): Michał Krotoszyński / Language(s): Polish Issue: 1/2016

„Macieja Zielińskiego koncepcja wykładni prawa” – Ogólnopolska Konferencja Naukowa Dedykowana Profesorowi Maciejowi Zielińskiemu, Uczonemu i Nauczycielowi, Poznań, 19.10.2015 r.

Author(s): Krzysztof Janas / Language(s): Polish Issue: 1/2016

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).

Postulat jasności prawa w odniesieniu do prawa Unii Europejskiej

Author(s): Jakub Karczewski / Language(s): Polish Issue: 2/2015

Clarity is one of the basic traits of good law. So far, theory of law has focused on the clarity of law requirement only with reference to national legal orders. The article tries to apply this requirement to multilingual and multicultural European Union legal order. Clear law is understandable and precise. Although it is not possible to make law completely clear, the legislator should try to make it as clear as possible since such law protects important values and enables to achieve important goals, for instance it makes law more efficient and certain. One of the crucial prerequisites for clear law is appropriate language of the texts of legal acts. It concerns both vocabulary and syntax of these texts. Therefore, in order to make law clear, the legislator should follow specific rules regarding linguistic aspects of lawmaking. European Union law should be clear as well. Since European Union multilingual and multicultural legal order is different from national legal orders, including the multilingual ones, the methods of making European Union law clear are partly different from those applied in national legal orders. It concerns, above all, the language of texts of European Union legal acts. The use of new, European, legal terms is justified and helps make European Union law clear, even though this does not have to seem evident. In contrast to the new vocabulary, the new, European, syntax of texts of European Union legal acts is not justified. In order to make law clear, the European Union legislator should follow the same syntactic rules as the national legislator.

Debata Fish – Dworkin jako przykład sporu o praktykę interpretacji prawa

Author(s): Michał Pełka / Language(s): Polish Issue: 2/2015

The aim of the article is to critically asses the theories of interpretation developed by two prominent philosophers, namely Stanley Fish and Ronald Dworkin. After first describing and reconstructing their ideas the paper then identifies problems concerning the stance according to which everything in applying law depends on interpretation. The critic is based on the Ludwig’s Wittgenstein remark that there must be grasping the rule (or more broadly a meaning of any word) which is not interpretation, otherwise we end up in regressus ad infinitum fallacy. Paper’s main claim is that although the theory of R. Dworkin is not fully free from defects it has nevertheless more explanation power than the opponent’s propositions.

Interpretacyjny park jurajski: odpowiedź Agnieszce Choduń

Author(s): Tomasz Grzybowski / Language(s): Polish Issue: 2/2015

Critical Legal Conference 2014 Power, Capital Chaos, University of Sussex, Brighton, Wielka Brytania, 4-6 września 2014

Author(s): Paweł Snopek / Language(s): Polish Issue: 2/2015

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

Rasyonel Toplum ve Adalet Sorunu

Author(s): Muhammet Özdemir / Language(s): Turkish Issue: 36/2018

This study examines the relationship between social goodwill and real justice. The object of this goodwill is firstly the society and then the state. Society and the state are two essential facts and concepts that necessarily contain each other. In modern Islamic societies, it is felt a lack of the situation which the object of goodwill is correctly selected. This fact makes it difficult for the Middle East to establish the justice which has temporal and material conditions. Because the justice is a social order which contain norm and validity. In this context, it is confirmed that the term of “Circle of Justice” in Ottoman Empire and contemporary theories of which contain the social justice theory originated from Continental Europe and the liberal philosophical justice theory originated from United States of America are co-functional. Within this scope, the philosophers who studied about the circle of justice and some contemporary philosophers of politics such as Hannah Arendt and Jurgen Habermas and John Rawls and Bernard Williams and Ronald Dworkin have expressed the same social truth. Without the idea of an order, it is impossible to gain the real justice. Those who have been living in the Middle East seem to be distant from this social truth because of the process of the glocalization.

Da okončamo sa suđenjem

Author(s): Gilles Deleuze / Language(s): Serbian Issue: 58.4/2000

Ggrčke tragedije do moderne filozofije razrađuje se i razvija čitava jedna doktrina suđenja. Manje je tragična radnja negoli samo suđenje, te grčka tragedija najpre uspostavlja sud. Kant ne poziva na istinsku kritiku suđenja, jer njegova knjiga, naprotiv, podiže jedan fantastičan subjektivni sud. Prekidajući sa judeo-hrišćanskom tradicijom, Spinoza je taj koji sprovodi kritiku; on je imao četiri velika učenika koji će je nastaviti i dati joj novi zamah, Ničea, Lorensa, Kafku i Artoa. Sva četvorica su lično, pojedinačno, pretrpela suđenje. Spoznali su onu tačku gde se optužba, rasprava, presuda mešaju do u beskraj. Niče kao osuđenik prolazi kroz sve nameštene pansione kojima suprotstavlja jedan grandiozan izazov, Lorens živi sa optužbom za nemoralnost i pornografiju koja pada i na njegov najmanji akvarel, Kafka se pokazuje "dijaboličan u svoj svojoj nevinosti" jer je pobegao od "suda u hotelu" u kojem se sudi o njegovom beskonačnom vereništvu. A Arto-Van Gog, koji je još pretrpeo i suđenje u svom najgrubljem obliku, užasnu psihijatrijsku ekspertizu? […]

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.