Pub Date : 2018-07-15DOI: 10.14746/FPED.2015.4.1.11
Bartosz Liżewski
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.
{"title":"Teoretycznoprawne aspekty operacjonalizacji ochrony praw człowieka w państwie z perspektywy globalnego systemu prawa (Zarys problematyki)","authors":"Bartosz Liżewski","doi":"10.14746/FPED.2015.4.1.11","DOIUrl":"https://doi.org/10.14746/FPED.2015.4.1.11","url":null,"abstract":"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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48707789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/FPED.2015.4.1.8
T. Bekrycht
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.
{"title":"Analiza terminów „stosunek społeczny” a „stosunek prawny”","authors":"T. Bekrycht","doi":"10.14746/FPED.2015.4.1.8","DOIUrl":"https://doi.org/10.14746/FPED.2015.4.1.8","url":null,"abstract":"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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47462614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/fped.2012.1.1.7
Z. Tworak
An important part of philosophical thinking are paradoxes. Many of them raise serious problems and are associated with crises of thought and revolutionary advances in the science. This paper is devoted to the notion of paradox and presents a potpourri of paradoxes. I give a very broad interpretation of the term paradox, far broader than will appeal to many logical purists.
{"title":"Paradoksy","authors":"Z. Tworak","doi":"10.14746/fped.2012.1.1.7","DOIUrl":"https://doi.org/10.14746/fped.2012.1.1.7","url":null,"abstract":"An important part of philosophical thinking are paradoxes. Many of them raise serious problems and are associated with crises of thought and revolutionary advances in the science. This paper is devoted to the notion of paradox and presents a potpourri of paradoxes. I give a very broad interpretation of the term paradox, far broader than will appeal to many logical purists.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48888062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/fped.2015.4.1.3
Gerhard Seel
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.
{"title":"Czy jesteśmy odpowiedzialni za nasze działania?","authors":"Gerhard Seel","doi":"10.14746/fped.2015.4.1.3","DOIUrl":"https://doi.org/10.14746/fped.2015.4.1.3","url":null,"abstract":"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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45791052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/FPED.2012.1.1.5
A. Pałubicka
In this paper the author attempts to answer the question why the European culture – since the sixteenth century – has gained a civilizational advantage over other cultural circles. The proposed answer focuses on philosophy and its genesis. The author concludes that the emergence of philosophy constitutes new, hitherto unknown way of thinking which has overcome the „magical thought”. Spectacular transformations of European culture, therefore, seem to begin with philosophical thinking, i.e. with the emergence of philosophy.
{"title":"Pojawienie się filozofii w Europie i faktu tego następstwa","authors":"A. Pałubicka","doi":"10.14746/FPED.2012.1.1.5","DOIUrl":"https://doi.org/10.14746/FPED.2012.1.1.5","url":null,"abstract":"In this paper the author attempts to answer the question why the European culture – since the sixteenth century – has gained a civilizational advantage over other cultural circles. The proposed answer focuses on philosophy and its genesis. The author concludes that the emergence of philosophy constitutes new, hitherto unknown way of thinking which has overcome the „magical thought”. Spectacular transformations of European culture, therefore, seem to begin with philosophical thinking, i.e. with the emergence of philosophy.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49194812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/fped.2012.1.1.9
Tomasz Raburski
Article presents life and ideas of Niccolò Machiavelli. Machiavelli is placed in the context of his times. His influence on the development of modern political thought is examined. The examples of his wider impact on western culture are given. Machiavelli is described as a founding father of two strands of political philosophy: political realism and republicanism.
{"title":"Niccolò Machiavelli: klasyczny realizm i republikanizm","authors":"Tomasz Raburski","doi":"10.14746/fped.2012.1.1.9","DOIUrl":"https://doi.org/10.14746/fped.2012.1.1.9","url":null,"abstract":"Article presents life and ideas of Niccolò Machiavelli. Machiavelli is placed in the context of his times. His influence on the development of modern political thought is examined. The examples of his wider impact on western culture are given. Machiavelli is described as a founding father of two strands of political philosophy: political realism and republicanism.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43325938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/fped.2015.4.1.7
Karolina Napiwodzka-Bulek
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.
{"title":"Piękny czy dobry? Moralny wymiar upiększania ciała","authors":"Karolina Napiwodzka-Bulek","doi":"10.14746/fped.2015.4.1.7","DOIUrl":"https://doi.org/10.14746/fped.2015.4.1.7","url":null,"abstract":"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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47307758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/FPED.2012.1.1.12
Michał Cichoracki
Historical materialism is theoretical concept of Marxist view of history. It is described by K. Marx and F. Engels as a scientific, empirical hypothesis seeking economical factors, the changes in the modes of production and exchange as the ultimate cause, and the great moving power of all important historic events in the social and political development of society. According to this point of view changes in the productive forces of society (economical base) lead to the specific forms of social and political organization (social and political superstructure) and create some specific forms of social consciousness.
{"title":"Marksowski materializm historyczny – koncepcja związku między bazą a nadbudową oraz prymatu czynników ekonomicznych","authors":"Michał Cichoracki","doi":"10.14746/FPED.2012.1.1.12","DOIUrl":"https://doi.org/10.14746/FPED.2012.1.1.12","url":null,"abstract":"Historical materialism is theoretical concept of Marxist view of history. It is described by K. Marx and F. Engels as a scientific, empirical hypothesis seeking economical factors, the changes in the modes of production and exchange as the ultimate cause, and the great moving power of all important historic events in the social and political development of society. According to this point of view changes in the productive forces of society (economical base) lead to the specific forms of social and political organization (social and political superstructure) and create some specific forms of social consciousness.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44793659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/FPED.2015.4.1.1
Martin Škop
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.
{"title":"Law and Literature – a Meaningful Connection","authors":"Martin Škop","doi":"10.14746/FPED.2015.4.1.1","DOIUrl":"https://doi.org/10.14746/FPED.2015.4.1.1","url":null,"abstract":"The connection between law and (imaginative) literature can\u0000still affect surprisingly. The theme of the present article is\u0000to summarize some of the basic features of the movement, which\u0000is called „Law and Literature” and to suggest some\u0000starting-points with which it is associated. These starting\u0000points include, for instance linguistic conception of law,\u0000narratology in law or the relations between law and culture.\u0000The article offers an overview of the classical approaches\u0000connecting law and literature and mentions the reasons for this\u0000connection: e.g. cultivation of law and lawyers, improvement of\u0000judicial decisions or improvement of legal interpretation. Some\u0000of the findings resulting from the joint of law and literature\u0000can be used in practice and goes beyond „mere” theory. The\u0000article is to be seen as an introduction to the movement of\u0000„Law and Literature”, presentation of ideas on which this\u0000movement is based and offering the possibility of its further\u0000development.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48921174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-15DOI: 10.14746/FPED.2015.4.1.4
Roberto Franzini Tibaldeo
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.
{"title":"Heurystyka strachu. Czy ambiwalencja lęku może być dla nas pouczająca?","authors":"Roberto Franzini Tibaldeo","doi":"10.14746/FPED.2015.4.1.4","DOIUrl":"https://doi.org/10.14746/FPED.2015.4.1.4","url":null,"abstract":"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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44704025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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