Pub Date : 2018-07-14DOI: 10.14746/FPED.2014.3.2.22
Joanna Helios
The article presents home teaching in the context of the discourse on democratic education. The author discusses two problems: first, the role of home schooling in the context of compulsory schooling and the right to education; secondly, the legal aspects of home schooling.
{"title":"Edukacja domowa – kilka uwag w kontekście dyskursu o edukacji demokratycznej","authors":"Joanna Helios","doi":"10.14746/FPED.2014.3.2.22","DOIUrl":"https://doi.org/10.14746/FPED.2014.3.2.22","url":null,"abstract":"The article presents home teaching in the context of the discourse on democratic education. The author discusses two problems: first, the role of home schooling in the context of compulsory schooling and the right to education; secondly, the legal aspects of home schooling.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43878694","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 : 2018-07-14DOI: 10.14746/FPED.2014.3.1.4
Tomasz Raburski
The 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.
{"title":"Amerykański język praw podmiotowych a demokracja","authors":"Tomasz Raburski","doi":"10.14746/FPED.2014.3.1.4","DOIUrl":"https://doi.org/10.14746/FPED.2014.3.1.4","url":null,"abstract":"The 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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48939549","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 : 2018-07-14DOI: 10.14746/fped.2013.2.2.16
T. Bekrycht
The paper analyses some elements which create the identity of legal culture. These elements are determined by Greek philosophy, Roman law (the Mediterranean culture) and Christian solidarity. These included positive law (legem ponere), jurisprudence, academic teaching, legal text, axiological autonomy of law, Roman law as origin of civil law and its reception, legitimization of law. The paper focuses particularly on problematic aspects of legitimization of law. In the literature of jurisprudence the problem of the legitimacy (justifying) of law is presented as the justification for the external validity of law or as a justification for the absolute validity. The history of philosophy of law demonstrates that we can talk about same arguments, which may be referred to as transcendental. Those are ultimate conditions of justifying any kind of being – here this particular being is the law. Firstly, this paper presents two trends (traditions) in the literature of philosophy that have developed the concept of transcendental method, and thus the content of the concept of transcendentalism. Secondly, it presents four arguments which justify the existence of law and which can be called the transcendental arguments.
{"title":"Tożsamość kultury prawnej a legitymizacja prawa","authors":"T. Bekrycht","doi":"10.14746/fped.2013.2.2.16","DOIUrl":"https://doi.org/10.14746/fped.2013.2.2.16","url":null,"abstract":"The paper analyses some elements which create the identity of legal culture. These elements are determined by Greek philosophy, Roman law (the Mediterranean culture) and Christian solidarity. These included positive law (legem ponere), jurisprudence, academic teaching, legal text, axiological autonomy of law, Roman law as origin of civil law and its reception, legitimization of law. The paper focuses particularly on problematic aspects of legitimization of law. In the literature of jurisprudence the problem of the legitimacy (justifying) of law is presented as the justification for the external validity of law or as a justification for the absolute validity. The history of philosophy of law demonstrates that we can talk about same arguments, which may be referred to as transcendental. Those are ultimate conditions of justifying any kind of being – here this particular being is the law. Firstly, this paper presents two trends (traditions) in the literature of philosophy that have developed the concept of transcendental method, and thus the content of the concept of transcendentalism. Secondly, it presents four arguments which justify the existence of law and which can be called the transcendental arguments.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43154365","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 : 2018-07-14DOI: 10.14746/FPED.2013.2.2.23
Paweł Skuczyński
The model of legal profession is one of the most important features of every legal culture and constitutional identity. The paper aims at explaining the identity of Polish legal profession according to their history and evolution of Polish political and constitutional basic ideas. The argument is that the strongly manifested element of this identity is lawyers’ paternalism. That means lawyers act to protect the interest of their clients often without an alignment or even against their clients will. This attitude toward the lawyer-client relationship is deeply rooted in Polish legal culture, especially in interconnection of two discourses. First is the egalitarian one which establishes the task of lawyers as to provide to everyone equal legal aid and to protect everyone’s rights and liberties. Second is the elitist one that tend to justify the claim that effective legal aid and the protection of right and liberties is possible only through some special abilities and skills of lawyers which not everyone could possess.
{"title":"Paternalizm prawniczy a tożsamość polskiej kultury prawnej","authors":"Paweł Skuczyński","doi":"10.14746/FPED.2013.2.2.23","DOIUrl":"https://doi.org/10.14746/FPED.2013.2.2.23","url":null,"abstract":"The model of legal profession is one of the most important features of every legal culture and constitutional identity. The paper aims at explaining the identity of Polish legal profession according to their history and evolution of Polish political and constitutional basic ideas. The argument is that the strongly manifested element of this identity is lawyers’ paternalism. That means lawyers act to protect the interest of their clients often without an alignment or even against their clients will. This attitude toward the lawyer-client relationship is deeply rooted in Polish legal culture, especially in interconnection of two discourses. First is the egalitarian one which establishes the task of lawyers as to provide to everyone equal legal aid and to protect everyone’s rights and liberties. Second is the elitist one that tend to justify the claim that effective legal aid and the protection of right and liberties is possible only through some special abilities and skills of lawyers which not everyone could possess.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48024030","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 : 2018-07-14DOI: 10.14746/fped.2014.3.1.2
Tadeusz Buksiński
The 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.
{"title":"Trzy teologie polityczne Carla Schmitta","authors":"Tadeusz Buksiński","doi":"10.14746/fped.2014.3.1.2","DOIUrl":"https://doi.org/10.14746/fped.2014.3.1.2","url":null,"abstract":"The 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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48856834","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 : 2018-07-14DOI: 10.14746/FPED.2014.3.2.23
Tomasz Sochański
This study aims to highlight the role of education in a democratic society in the political philosophy of Nicolas de Condorcet. Condorcet refuted legitimising political power on the idea of general will and postulated to replace it with the notion of reason and probability of truth. This assumption tightly linked the wellbeing of democracy with a public education system which, on the one hand, was to prepare citizens to take an active role in the public sphere, and on the other, allow them to improve the political system in which they function in accordance with the progress of the human spirit.
{"title":"Rozum w służbie polityki, czyli demokracja i oświata w myśli markiza de Condorcet","authors":"Tomasz Sochański","doi":"10.14746/FPED.2014.3.2.23","DOIUrl":"https://doi.org/10.14746/FPED.2014.3.2.23","url":null,"abstract":"This study aims to highlight the role of education in a democratic society in the political philosophy of Nicolas de Condorcet. Condorcet refuted legitimising political power on the idea of general will and postulated to replace it with the notion of reason and probability of truth. This assumption tightly linked the wellbeing of democracy with a public education system which, on the one hand, was to prepare citizens to take an active role in the public sphere, and on the other, allow them to improve the political system in which they function in accordance with the progress of the human spirit.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43127020","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 : 2018-07-14DOI: 10.14746/fped.2014.3.1.3
Dariusz Juruś
In 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.
{"title":"Libertarny radykalizm","authors":"Dariusz Juruś","doi":"10.14746/fped.2014.3.1.3","DOIUrl":"https://doi.org/10.14746/fped.2014.3.1.3","url":null,"abstract":"In 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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43439645","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 : 2018-07-14DOI: 10.14746/FPED.2013.2.2.20
K. Kaleta, Krzysztof Koźmiński
The purpose of this article is to review the controversy between two, potentially most influential legal theorists in 20th century, Hans Kelsen and Carl Schmitt. Their philosophical concepts: Schmittian decisionism and Kelsenian normativism, were based on different assumptions, leading their authors to variant practical conclusions. It is reasonable to infer that the differences in their visions of constitutional order were deeply rooted in different intellectual traditions – not only political (Kelsen’s involvement in defense of liberal democracy unlike Carl Schmitt, whose conservative attitude and critique of liberalism led to support totalitarian state and extreme right wing ideology), but also theological (pantheistic idea of God and fideism; conflict between rationality and faith). So from this perspective „Pure theory of law” can be seen as pantheistic political theology, because „pantheism overcomes the opposition of God and World; the Pure Theory of Law accordingly overcomes the opposition of State and Law”. On the other hand legal philosophy of Carl Schmitt is inspired by the Roman Catholic theological concept of the miracle, whereby God is free from the laws of nature – and in consequence – the sovereign is not bound by the law and may decide exceptions to it.
{"title":"Charakter władzy suwerennej w koncepcjach ładu konstytucyjnego Hansa Kelsena i Carla Schmitta","authors":"K. Kaleta, Krzysztof Koźmiński","doi":"10.14746/FPED.2013.2.2.20","DOIUrl":"https://doi.org/10.14746/FPED.2013.2.2.20","url":null,"abstract":"The purpose of this article is to review the controversy between two, potentially most influential legal theorists in 20th century, Hans Kelsen and Carl Schmitt. Their philosophical concepts: Schmittian decisionism and Kelsenian normativism, were based on different assumptions, leading their authors to variant practical conclusions. It is reasonable to infer that the differences in their visions of constitutional order were deeply rooted in different intellectual traditions – not only political (Kelsen’s involvement in defense of liberal democracy unlike Carl Schmitt, whose conservative attitude and critique of liberalism led to support totalitarian state and extreme right wing ideology), but also theological (pantheistic idea of God and fideism; conflict between rationality and faith). So from this perspective „Pure theory of law” can be seen as pantheistic political theology, because „pantheism overcomes the opposition of God and World; the Pure Theory of Law accordingly overcomes the opposition of State and Law”. On the other hand legal philosophy of Carl Schmitt is inspired by the Roman Catholic theological concept of the miracle, whereby God is free from the laws of nature – and in consequence – the sovereign is not bound by the law and may decide exceptions to it.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44730336","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 : 2018-07-14DOI: 10.14746/FPED.2014.3.1.8
Grażyna Cern, Tomasz Bojar-Fijałkowski
The 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.
{"title":"Uprawnienia mieszkańców jednostek samorządu terytorialnego w zakresie dostępu do informacji publicznej","authors":"Grażyna Cern, Tomasz Bojar-Fijałkowski","doi":"10.14746/FPED.2014.3.1.8","DOIUrl":"https://doi.org/10.14746/FPED.2014.3.1.8","url":null,"abstract":"The 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.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46254448","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 : 2018-07-14DOI: 10.14746/FPED.2013.2.1.8
T. Mazur
The essay discusses popular rationalistic interpretation of stoic spiritual practices as rational control over nonrational aspects of human life. On the course of analyzing ancient stoics texts and recommendations concerning a good life the essay proves that the word “controlling” is not really proper translation of stoic intentions. Much better picture is of reason that takes care of condition of body and soul, or of reason that follows body and soul. Stoic reason is a tool for understanding and nursing nod controlling. Thus the ideal for stoic life is not reason but harmony, which is the best way of translating ancient Greek word tonos.
{"title":"„Stoisz prosty albo cię prostują”. Psychosomatyczne podstawy racjonalistycznych praktyk stoickich","authors":"T. Mazur","doi":"10.14746/FPED.2013.2.1.8","DOIUrl":"https://doi.org/10.14746/FPED.2013.2.1.8","url":null,"abstract":"The essay discusses popular rationalistic interpretation of stoic spiritual practices as rational control over nonrational aspects of human life. On the course of analyzing ancient stoics texts and recommendations concerning a good life the essay proves that the word “controlling” is not really proper translation of stoic intentions. Much better picture is of reason that takes care of condition of body and soul, or of reason that follows body and soul. Stoic reason is a tool for understanding and nursing nod controlling. Thus the ideal for stoic life is not reason but harmony, which is the best way of translating ancient Greek word tonos.","PeriodicalId":52700,"journal":{"name":"Filozofia Publiczna i Edukacja Demokratyczna","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42536951","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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