The reprinted paper refers to Georg Lind and his colleagues’ MCT-based FORM study conducted at several European universities in 1977-1983, including Polish ones. After a short phase of democratization, in 1981 Polish society suddenly faced martial law. That experience had an impact on Polish students moral-, discursiveand democratic competences, as measured by MCT. When Ewa Nowak started her Alexander von Humboldt Foundation supported research stay under the supervision of Professor Georg Lind, they were inspired to revisit and (...) discuss the puzzling Polish research findings of 1981/3. According to their main hypothesis, martial law restricted free speech at universities, and free speech is a key facilitator of the development of moral and democratic competence. In 2018, after a decade of collaborative research on moral and democratic competence, Lind, Nowak and colleagues started a new international MCT study in several Central- and East European countries to examine the impact of the contemporary constitutional crisis in Poland on students’ moral and democratic competencies. In 2018/9 the 40th anniversary of the Moral Competence Test and Konstanz Method of Dilemma Discussion will be celebrated. We would like to provide you with the most recent research findings soon. (shrink)

The study determined the dynamics of growing grain crops in Ukraine and the geography of their export. The problems of ensuring export logistics as a result of military aggression by russia in the context of ensuring food security are pointed out. The main directions of export logistics of grain crops from Ukraine and the peculiarities of transportation by railway, river and road transport were studied. The directions of diversification of export logistics of grain crops from Ukraine during martial law (...) in the context of ensuring food security have been determined. Further ways of ensuring the development of the export of grain crops from Ukraine and improving the logistics infrastructure are substantiated. A description of the directions of cooperation between Ukraine and the European Union countries regarding the promotion and support of export logistics to the main countries of importers of agricultural products to ensure food security is provided. Ways of post-war restoration of the logistics of export of agricultural products from Ukraine and ensuring the sustainability of agricultural producers are considered. (shrink)

In this monograph, the authors summarized and supplemented the results of many scientific justifications and developments. Considerable attention is paid to the study of accounting and taxation issues in the context of modern management concepts and risks of martial law in Ukraine.

This topic focuses on the problems that arise in providing medical care to the population during armed conflict or martial law. Under such conditions, hospitals, clinics, and other healthcare facilities have to work in challenging circumstances with limited resources and reduced security for medical personnel. This topic explores such issues as how martial law affects the work of medical institutions, what problems arise in providing medical care to the population in war, how war affects the health of the (...) people, and what consequences it may have in the long term. Research in this area will help to understand how to organize better and prepare medical facilities to work in war conditions and ensure high-quality medical care to the population in emergencies. The methods used to write this article were analysis, synthesis, generalization, explanation, and data qualification. The primary and fundamental sources for writing an article may vary depending on the topic, but generally, the following sources can be recommended. Academic studies: these can be scholarly articles, monographs, dissertations, conference papers, and other materials related to the topic of your article. These sources can help you find information about the latest research in the field and allow you to see the approaches and methodologies used in the studies. Official sources: These can be legal documents, reports, regulations, guidelines, and other materials issued by government agencies, ministries, and other departments. These sources can help you understand the rules and regulations governing your article's topic. Expert reviews: these can be interviews with experts in the field, articles, and other materials written by well-known specialists. These sources can help you understand the views and opinions of well-known experts on the issues related to your paper. (shrink)

The authors of the book have come to the conclusion that toensuring the country’s security in the conditions of military aggression, it is necessary to use the mechanisms of protection of territories and population, support of economic entities, international legal levers of influence on the aggressor country. Basic research focuses on assessment the resource potential of enterprises during martial law, the analysis of migration flows in the middle of the country and abroad, the volume of food exports, marketing and (...) logistics system. The research results have been implemented in the different decision-making models during martial law, information and economic security management, formation of personnel potential and assets of enterprises, food, energy and environmental security management, use of budgetary levers and financial instruments. The results of the study can be used in the developing of directions, programs and strategies for the post-war recovery of Ukraine’s economy and the attraction of foreign investments in the regions, decision-making at the level of ministries and agencies that regulate security management processes. The results can also be used by students and young scientists in the educational process and conducting scientific research on the problems of ensuring the country’s security. (shrink)

This article discloses topical issues of the need for constant monitoring of changes in the business activity in enterprise structures. The main purpose of the study is to monitor the business activity of industrial enterprise structures of Ukraine to predict their development under martial law. A critical analysis of the content of scientific publications to solve the problem of improving the management of business activity of business structures revealed the lack of attention of scientists to the problems under study. (...) The relevance of its solution is due to the scale of the impact of military conflicts on the business activity in enterprise structures, which requires its monitoring to further establish the state and ensure compliance of the business with the norms that are considered necessary to maintain a certain level of stability of development or to survive, to determine areas where the business can improve its activities and become more profitable. The methodological basis is the system of methods used to obtain the final results of the study: theoretical generalization – to deepen the essence of the concept of «monitoring business activity»; analysis, synthesis and logical generalization – to obtain conclusions during monitoring of business confidence and business climate in industry; prognostic – to predict the development of industrial business structures of Ukraine under martial law. The object of research in the work is the business activity of business structures. The article presents the results of monitoring business confidence and business climate in the industry of Ukraine under martial law. Analysis, synthesis and logical generalization of monitoring results became the basis for further forecasting the development of business structures. The results of the study can be useful for business structures that seek to maintain a certain level of stability of development and identify areas of improvement. (shrink)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

The present volume is a sequel to Deontic Logic: Introductory and Systematic Readings : its purpose is to offer a view of some of the main directions of research in contemporary deontic logic. Most of the articles included in Introductory and Systematic Readings represent what may be called the standard modal approach to deontic logic, in which de on tic logic is treated as a branch of modal logic, and the normative concepts of obligation, permission and prohibition are regarded as (...) analogous to the "alethic" modalities necessity, possibility and impossibility. As Simo Knuuttila shows in his contribution to the present volume, this approach goes back to late medieval philosophy. Several 14th century philosophers observed the analogies between deontic and alethic modalities and discussed the deontic interpretations of various laws of modal logic. In contemporary deontic logic the modal approach was revived by G. H. von Wright's classic paper 'Deontic Logic'. Certain analogies between deontic and alethic modalities are obvious and uncontroversial, but the standard approach has often been criticized on the ground that it exaggerates the analogies and tends to ignore those features of normative concepts which distinguish them from other modalities. (shrink)

The Swiss psychologist Jean Piaget contends that children below the age of 12 see no necessity for the logical law of non-contradiction. I argue this view is problematic. First of all, Piaget's dialogues with children which are considered supportive of this position are not clearly so. Secondly, Piaget underestimates the necessary nature of following the logical law of non-contradiction in everyday discourse. The mere possibility of saying something significant and informative at all presupposes that the law of non-contradiction is enforced.

There is a narrow thread in the vast literature on Kafka which pertains to Kafka’s knowledge of philosophy, and more precisely to Kafka’s use in his fictional writings of some of the main ideas of Franz Brentano. Kafka attended courses in philosophy at the Charles University given by Brentano’s students Anton Marty and Christian von Ehrenfels, and was for several years a member of a discussion-group organized by orthodox adherents of the Brentanian philosophy in Prague. The present essay summarizes what (...) is known about Kafka’s relations to the Brentanist movement. It draws on Brentanian ideas on the evidence of inner perception, on oblique consciousness, on active introspection, on correct and incorrect judgment, and on consciousness as a species of inner tribunal, in order to throw light on central features of Kafka’s writings, including stylistic features. Special attention is directed towards Die Verwandlung and Der Prozess, and a reading of the latter is offered according to which the trial of Joseph K. occurs entirely within the mind of K. himself. The revisions in the 1997 version of the paper relate especially to the treatment of Kafka and Brentano in Arnold Heidsieck’s book The Intellectual Contexts of Kafka’s Fiction: Philosophy, Law, Religion, of 1994. (shrink)

Validity of physical laws for any aspect of brain activity and strict correlation of mental to physical states of the brain do not imply, with logical necessity, that a complete algorithmic theory of the mind-body relation is possible. A limit of decodability may be imposed by the finite number of possible analytical operations which is rooted in the finiteness of the world. It is considered as a fundamental intrinsic limitation of the scientific approach comparable to quantum indeterminacy and the theorems (...) of logical undecidability. An analysis of these limits, applied to dispositions of future behaviour, suggests that limits of decodability of the psycho-physic relation may actually exist with respect to brain states with self-referential aspects, as they are involved in mental processes. Limits for an algorithmic theory of the mind-body problem suggested by this study are formally similar to other intrinsic limits of the scientific method such as quantum indeterminacy and mathematical undecidability which are also related to self-referential operations. At the metatheoretical level, hard sciences, despite their reliability, universality and objectivity, depend on metatheoretical presuppositions which allow for multiple philosophical interpretations. -/- . (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...) teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

In the chapter, there is an analysis of sharing economy development in Poland. It concerns both the big players on the market like the most known Airbnb and Uber, as well as smaller, local initiatives, flourishing especially in the food sector. Sharing economy is not a normative concept and is defined differently depending on the subject to which it refers. However, the significance of the phenomenon is rising rapidly from year to year. Moreover, sharing economy brings many opportunities but (...) also creates a lot of unsolved issues, such as regulations, tax regulations, labour law, competition, which often can lead to conflicts between diverse groups of actors. The new, unregulated, by law, model of the economy in some sectors has caused a lot of confusion, leading to conflicts, as well as a feeling of inequality. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral (...) assessments may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

Contemporary international law separates the international justice of war from the domestic justice of society, but empirically, there is a correlation between democratic governance and military effectiveness, which could have a number of causes. A contemporary reconstruction from _The Seven Military Classics_ of Chinese military philosophy offers potential lessons for how domestic virtues may yield military and geopolitical victory. This chapter reconstructs arguments from the seven treatises into a collective an amalgamated conception of “good governance” that weaves together military strategy (...) and virtue ethics and maintains that good governance at home actually wins wars abroad. A reconstructed classical Chinese conception of “good governance” presents theoretical and ethical challenges, but also offers viable justicial content for contemporary jus ad bellum considerations beyond sovereign self-defense or human rights. It presents a way of instantiating the sprawling conception of human rights that falls short in contemporary discourse. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights (...) is chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

Clinical Ethics Consultations are an important tool for physicians in solving difficult cases. They are extremely common in North America and to a lesser extent also present in Europe. However, there is little data on this practice in Poland. We present results of a survey of 521 physicians practising in Poland concerning their opinion on CECs and related practices. We analysed the data looking at such issues as CECs’ perceived availability, use of CECs, and perceived usefulness of such (...) support. Physicians in our study generally encounter hard ethics cases, even—surprisingly—those who do not work in hospitals. Most physicians have no CEC access, and those that do still do not employ CECs. However, physicians perceive this form of support as useful—even more so among actual users of CECs. We compared these findings with similar studies from other European countries and the North America. We point out peculiarities of our results as compared to those in other countries, with some possible explanations. We hope the results may encourage regulatory debate on the need to formally introduce CECs into the Polish healthcare system. (shrink)

An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- (...) Résumé L’analyse des fondements axiologiques de la Constitution polonaise de 1997, inscrits avant tout dans le préambule, permet de formuler la thèse selon laquelle cette axiologie n’est pas, en principe, éclectique. La réflexion sur les valeurs s’inscrit dans la vision classique des fondements du droit, remontant à l’antiquité. Partant de là, se dégage une tradition juridique appuyée sur le droit naturel, reconnaissant la force objective des valeurs et du droit. Ces conclusions rejoignent l’axiologie classique de la protection internationale des droits de l’Homme. -/- Zusammenfassung Die Analyse der vor allem durch die Präambel definierten axiologischen Grundlagen der Verfassung der Republik Polen von 1997 ermöglicht die Aufstellung der These, dass diese Axiologie nicht eklektisch ist, zumindest nicht prinzipiell. Hier enthüllt sich ein Denken von den Werten, das sich in die klassische, bis in die Antike zurückreichende Reflexion über die Grundlagen des Rechts einfügt. Wegen der metaaxiologischen Entscheidungen ist das eine Tradition naturrechtlichen Typs, die die objektive Begründung der Werte und des Rechts anerkennt. Die angenommenen Lösungen stimmen auch mit der für den internationalen Schutz der Menschenrechte typischen Axiologie überein. (shrink)

The research identified the key element on P. R. China’s incentives in modern history on techtransfer practices. With reviewing on the state funding surrogacy in the natural sciences, the author identified the key militant coercive contracting clauses in the document of the National Natural Science Foundation of China. With its combined workings with the statutory & martial laws, the analysis takes a com- parative culture approach that partially counteracts the work of the “United Front Working Group of the CPC”, (...) which constitutes as the major cyber espionage organization that manifests upon the communication & information technologies. The “United Front”’s work has substabtially undermined the premices of market economy and eroded the markets’ self-organizing & self-regulating functionalities. With heterogenous semantic networks taken into consideration, the psychosociological elements were taken into consideration even with the psychological data codings in the semantic networks of P. R. China. (shrink)

The aim of this paper is to examine whether it is morally wrong to ban only male citizens from leaving a country in wartime, and if it is, why it is the case. Following Russia’s invasion of Ukraine, President Volodymyr Zelensky declared martial law and ordered general mobilization, at the same time prohibiting male citizens aged 18 to 60 from crossing the border. The justifiability of the ban is in dispute, and opponents have made a case in both legal (...) and moral dimensions. In the moral dimension, there are arguments based on consequentialism, individual freedom, and fairness or non-discrimination. In this paper, I focus on the third argument and argue that the ban unfairly and morally wrongfully discriminates against male Ukraine citizens on the basis of their gender. First, I define discrimination and apply it to our case. Second, moving from the descriptive definition of discrimination to its moral wrongness, I argue that the male-only ban is unfair and morally unjustified. Third, I argue that the ban can also be deemed morally wrong from one of the prominent views in the field of the ethics of discrimination, namely the deliberative freedom view. (shrink)

The present war in Ukraine has seen millions of women flee as refugees, while martial law forbids adult men under 60 from leaving the country. According to various reports, many and perhaps most women Ukrainian refugees are breaking romantic ties with the men they leave behind, building new lives with men in their countries of refuge, and/or planning never to return. I avoid any comment about the morality of these events, and instead take up the general question of whether (...) women war refugees have any obligations of “connubial loyalty” to their menfolk in circumstances where those men are discharging a moral obligation to fight in the war that precipitated their womenfolk’s flight in the first place. I answer that they do. (shrink)

Morality has always been a pressing issue in video game scholarship, but became more contentious after “realistic” violence in games became possible. However, few studies concern themselves with how players experience moral dilemmas in games, choosing instead to focus on the way games affect postplay behavior. In my thesis I discuss the moral choices players encounter in the Metal Gear series of games; then, I analyze and compare the responses of players with and without martial career experiences. My argument (...) is that the moral choices players encounter during gameplay affect them differently, particularly if they have life experiences related to medical trauma, law enforcement, fire fighting, or military career fields, and that the behavior of those players will be observably different from players without the same experiences. In chapter one I present my personal history with Metal Gear, before moving on to the literature review in chapter two, which focuses on scholarship about the Metal Gear series of games and video game research as a whole, particularly studies concerned with how violent content affects players. In chapters three and four, I analyze Metal Gear Solid 3 (2004) and Metal Gear Solid V (2014/2015) in order to gain insight into the moral dilemmas posed by each game. In chapter five I report the results of a survey about player responses towards the game dilemmas given by martial and non-martial groups to identify observable patterns of behavior in how they act and react towards each scenario. -/- This is a preprint version of the official paper until an update is produced. The current official version is available at the West Chester Digital Commons in the external link section below. (shrink)

The authors of the scientific monograph have come to the conclusion that ensuring food security during martial law requires the use of mechanisms to support agricultural exports, diversify logistics routes, ensure environmental safety, provide financial and marketing support. Basic research focuses on assessment the state of agricultural producers, analysing the financial and accounting system, logistics activities, ensuring competitiveness, and environmental pollution. The research results have been implemented in the different decision-making models during martial law, international logistics management, digital (...) audit, agricultural lending, integrated marketing system, risk management and diversification of Ukrainian agricultural exports. The results of the study can be used in the developing of food security policies, programmes and strategies, agricultural production development, decision-making at the level of ministries and agencies that regulate food security management processes. The results can also be used by students and young scientists in the educational process and conducting scientific research on food security during martial law and Ukraine’s recovery economy after the victory. (shrink)

One of the most intuitive views about the metaphysics of laws of nature is Tim Maudlin's idea of a Fundamental Law of Temporal Evolution. So-called FLOTEs are primitive elements of the universe that produce later states from earlier states. While FLOTEs are at home in traditional Newtonian and non-relativistic quantum mechanical theories (not to mention our pre-theoretic conception of the world), I consider here whether they can be made to work with relativity. In particular, shifting to relativistic spacetimes poses two (...) threats to FLOTEs. First, the lack of a privileged spacelike hypersurface in relativistic spacetime makes it unclear how to understand what produces what. A survey of several conceptions of the nomic production relation compatible with relativity reveals all of them to be lacking. Second, relativity motivates a four-dimensional block universe conception of time, according to which all events that will ever occur already exist. On such a view, it's unclear what work there is to be done by FLOTEs. I consider how a proponent of FLOTEs might respond, but conclude that these combined threats seriously undermine the prospects of a productive conception of laws. In short, if spacetime is relativistic, laws are not productive. (shrink)

Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the 2010s – Re-politicising of the public sphere, removing (...) most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought. (shrink)

Throughout his political works, Plato takes the aim of politics to be the virtue and happiness of the citizens and the unity of the city. This paper examines the roles played by law in promoting individual virtue and civic unity in the Republic, Statesman, and Laws. Section 1 argues that in the Republic, laws regulate important institutions, such as education, property, and family, and thereby creating a way of life that conduces to virtue and unity. Section 2 argues that in (...) the Statesman, the political expert determines the mean between extremes and communicates it to citizens through laws that guide their judgment and conduct, so that they become virtuous themselves and the city is unified; this account of the role of law suggest how even non-expert legislation can contribute to virtue and unity. Section 3 argues that the Laws affirms and develops the idea that citizens should know and accept the laws to become virtuous themselves and to unify the city, and explains how the persuasive preludes and the sanction for violation attached to laws contribute to citizen virtue and civic unity. (shrink)

Material things have material (spatial) parts. Acts, events, occurrences, have phases, which we can view as their temporal parts. Spatial surfaces and volumes, stretches of time, they all have parts again; they can all be considered "extended". Entities, on the other hand, such as directions, numbers, temperatures, colors, tones, fictional characters, prices, numbers, values, ideologies, goals, are all unextended; they are partless. Let us call such non-extended objects “nodes”, in order to express the fact that we have a tendency to (...) grasp them as pure correlates of our thinking, often at the same time viewing them effectively as placeholders within systems of coordinates in various intellectual and social domains. My aim, here, is to clarify this rough idea of “node” for the purpose of providing a corresponding clarification of Ingarden's idea of a purely intentional object. I first consider purely intentional objects in general, and then focus in particular on fictional examples. (shrink)

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

Three popular views regarding the modal status of the laws of nature are discussed: Humean Supervenience, nomic necessitation, and scientific/dispositional essentialism. These views are examined especially with regard to their take on the apparent modal force of laws and their ability to explain that modal force. It will be suggested that none of the three views, at least in their strongest form, can be maintained if some laws are metaphysically necessary, but others are metaphysically contingent. Some reasons for thinking that (...) such variation in the modal status of laws exists will be presented with reference to physics. This drives us towards a fourth, hybrid view, according to which there are both necessary and contingent laws. The prospects for such a view are studied. (shrink)

"Dignity as a Quality of Person: Types of Dignity – a Proposed Systematisation" This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of the expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the concept of dignity encompasses dignity of particular types. Twelve different meanings of the expression “dignity” are indicated – (...) twelve different concepts of dignity, and thus twelve types of dignity. Half of them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law, and this essay is devoted to this group of meanings. This group of meanings includes three concepts of dignity which encompass dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. Only the first of these three concepts of dignity is adequate to the interpretation of the preamble and art. 30 of the Polish Constitution. The second group of meanings, treating dignity as something with which the human being is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour. The other half of the meanings take dignity as something that belongs to something. These meanings will be considered in the forthcoming essay Godność jako cecha podmiotów zbiorowych i godność jako cecha ugruntowana instytucjonalnie. Typy godności – propozycja systematyzacji [Dignity as an Attribute of Collective Entities and Dignity as an Institutionally Grounded Attribute: Types of Dignity – a Proposed Systematisation]. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “dignity” when designating something belonging to something can also designate (4) the dignity of social status based on belonging to a social group, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname. The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision. STRESZCZENIE Opracowanie zmierza do identyfikacji różnych znaczeń wyrażenia (nazwy) „godność”, ze szczególnym uwzględnieniem znaczeń tego wyrażenia występującego w tekście Konstytucji RP. Znaczeniem nazwy „godność” jest pojęcie godności; z kolei pojęcie godności ujmuje samą godność danego typu. Wskazanych zostaje dwanaście różnych znaczeń wyrażenia „godność” – dwanaście różnych pojęć godności, zatem i dwanaście jej typów. Połowa z nich to znaczenia (pojęcia), które ujmują godność jako coś przynależnego człowiekowi jako podmiotowi i tym znaczeniom (i odpowiadającym im typom godności) poświęcone jest niniejsze opracowanie. W tej grupie znaczeń odróżnione zostają trzy pojęcia godności, które ujmują godność jako coś konstytutywnego dla bycia osobą – (1) przyrodzoną i niezbywalną godność osobową, (2) godność opartą na obserwowalnych i zmiennych cechach specyficznych dla istoty rozumnej i (3) godność opartą na historycznie ukształtowanym statusie społecznym przypisanym wszystkim ludziom. Jedynie pierwsze z tych pojęć jest adekwatne do interpretacji preambuły i art. 30 Konstytucji RP. W drugiej grupie znaczeń ujmujących godność jako coś przysługującego człowiekowi są pojęcia ujmujące godność jako cechę osoby – (4) godność osobistą (cześć i dobre imię), (5) godność osobowościową (poziom moralny) oraz (6) godność jako dyspozycja do stosownego sposobu bycia. Druga połowa znaczeń ujmuje godność jako coś przynależnego czemuś lub jako coś o charakterze konwencjonalnym, instytucjonalnym. Te znaczenia będą omawiane w kolejnym opracowaniu Godność jako cecha podmiotów zbiorowych lub cecha ugruntowana instytucjonalnie. Typy godności – Propozycja systematyzacji – Część 2. Konstytucja RP mówi o (1) godności Narodu, (2) godności urzędu lub funkcji, oraz o (3) godności publicznej (godnościach publicznych. Wyrażenie „godność” jako desygnujące coś przynależnego czemuś może także desygnować (4) godność statusu społecznego opartego na przynależności do jakiejś grupy społecznej, (5) godność zawodu oraz – co specyficzne dla języka polskiego – (6) godność jako nazwisko. Autor argumentuje, że niedopuszczalne jest przypisywanie wyrażeniu „dignity” występującym w danym przepisie prawnym, różnych pojęć godności. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

This is my Cambridge PhD thesis, written under the supervision of Hugh Mellor and Richard Healey, and examined by Mary Hesse and Simon Blackburn. It addresses what it takes to be the core of the problem of single case probability, namely, the interpretation of claims such as ‘It is probable that P’ (where the probabilistic component occurs as a sentential or propositional operator). I argue that claims of this form are not genuinely truth-apt, and that such operators modify the force, (...) rather than the sense, of sentences or propositions to which they attach. In contemporary terms, I thus defend a version of what Yalcin (2012) has called ‘credal expressivism’. Some of the core arguments were later published in the following papers: (i) ‘Does “Probably” modify sense?’, Australasian Journal of Philosophy 61(1983), 396–408 and (ii) 'Mellor, chance and the single case', British Journal for the Philosophy of Science 35(1984), 11-23. Other arguments, including an attempt at the Frege-Geach problem, form the basis of an unpublished piece 'The use of force in a theory of meaning' (1983), accessible at PhilPapers. (shrink)

Earman and Roberts claim that there is neither a persuasive account of the truth-conditions of ceteris paribus laws, nor of how such laws can be confirmed or disconfirmed. I will give an account of the truth conditions of ceteris paribus laws in physics in terms of dispositions. It will meet the objections standardly raised against such an account. Furthermore I will elucidate how ceteris paribus laws can be tested in physics. The essential point is that physics provides methodologies for dealing (...) with disturbing factors. For this reason disturbing factors need not be listed explicitly in law-statements. In virtue of the methodologies it is possible to test how systems would behave if the disturbing factors were absent. I will argue that this suffices to establish the tenability of the dispositional account of ceteris paribus laws. (shrink)

The text offers a comprehensive introduction to business law and the Jordanian legal system. The textbook provides for key concepts and terms, contract basics, corporate structures, legal aspects of buying and selling, common pitfalls, international business issues and more. The text is comprehensive, in that there are chapters that cover what one would expect a business law text to cover, including intellectual property, real property, insurance, and bankruptcy.

This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of this expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the different concepts of dignity encompass dignity of particular types. Twelve different meanings of the expression “dignity” are indicated – twelve different concepts of dignity, and thus twelve types of dignity. Half (...) of them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law. They were considered in the essay Godność jako właściwość osoby. Typy godności – propozycja systematyzacji [Dignity as a Quality of Person – a Proposed Systematisation]. This group of meanings includes three concepts of dignity which recognize dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. The second group of meanings, treating dignity as something with which the human being (the person) is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour. -/- Dignity as an attribute of collective entities and dignity as an institutionally grounded attribute are a subject of this paper. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “the dignity of the Nation” can be understood in four different ways: (i) analogously to the understanding of dignity of the person, (ii) of personal dignity, (iii) of dignity as moral excellence, and (iv) of dignity as appropriateness of attitude or behaviour. The expression “dignity” when designating something institutionally grounded can designate (4) the dignity of social roles, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname. -/- The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision. (shrink)

The article discusses the presence of Plato' philosophy in Poland including the presentation of the reception of Plato's texts and the knowledge of Plato's philosophy in Poland. It outlines the influence exerted by Plato's thought on various aspects of Polish culture and sets out the research on Plato in the XIX and XX centuries. The paper is supplemented with a selection of contributions concerning Plato (papers, monographs, translations) published in Poland after the year 1945.

One of the key challenges of social policy in Poland in the early 21st century is to adapt its management to the requirements of a service economy. Essential conditions for the mixed economy of welfare have been already created after adjustments of the subsystems of national social policy during the first years of membership in the European Union since 2004. Labour market policies already include the relationships between providers from the public sector, the commercial sector, and the non-governmental sector. (...) However, the tasks and services of individual entities and institutions still lack coordination and integration. This paper focus on the examples of possibilities for their development by combining the activation policy with concepts of the governance and welfare mix. The paper presents the results of the author’s research on the implementation of welfare mix solutions in the field of professional activation of the unemployed people in Poland. Two case studies are included the implementation of outplacement programs that are based on the cooperation between different entities; and the cooperation between the public employment services and non-governmental employment agencies in the activation of people with disabilities in the labour market. Moreover, basic concepts of ongoing reforms of active labour market policies in Poland were discussed. The summary contains the practical recommendations and possible directions for further research in the field of integration of employment services. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

The aim of this chapter is therefore to critically analyse Kelsen's position on the relationship between law and coercion. Here I will show that the connection between law and coercion in Kelsen's legal theory goes deeper than the first definition of ‘law as a coercive order’ suggests: the connection has to do not only with the specific content of legal norms, but also with the existence of the legal order itself. In Section II, I will show that for Kelsen coercion (...) is an essential element of law as the criterion that allows to distinguish law qua normative and social order from other kinds of social and normative orders (such as religion and morality), i.e., coercion of a certain kind. In Sec-tion III I will further develop the argument and show that coercion is also the criterion that allows to distinguish legal norms from other norms (like moral norms), i.e., coercion as a specific object of norms which are hypothetical formulations with sanction as consequence. In Section IV I will show that, in Kelsen’s framework, coercion is also to be regarded as an essential element for the effectiveness of a legal order, thus for its very existence. I will further argue that in this view the most important effect of coercion is not the direct one – the effective application of sanctions or the effective exercise of force – but the indirect one – the psychological pressure that the mere existence of organised violence and sanctions exerts on the individual. Finally, in Section V I will offer a brief concluding remark. (shrink)

In fragment B 1 Heraclitus claims to have achieved a profound insight into the nature of things: ‘distinguishing each thing in accordance with its nature and explaining how it is.’ In a number of similarly cryptic remarks, he offers a series of clues to the nature of that insight. It is properly spoken of as noos or wisdom rather than as learning from experience (B 17, 28a, 40, 45, 54, 104, 107, 123). It consists of xunesis or understanding what is (...) common (B 2, 80, 89, 103) and requires paying attention (B 86, 118, 112) to how things opposed to one another are actually in agreement (B 8, 10, 12, 80, 88). In making these cryptic remarks Heraclitus was seeking to make his audience aware of the possibility that they might achieve a deep insight into the nature of the cosmos and their place within the larger scheme of things. -/- . (shrink)

A discussion, based on Pownall's reading of ‘The Wealth of Nations’, of the Newtonian heritage in Adam Smith's project of a moral science encompassing political economy as one of its sub-disciplines and refusing any essentialist grounding of the theory in ultimate characteristics of human nature.

This chapter presents the successive stages to make changes in the Polish development policy after 1989. The national administration reform of 1990 in the Third Commonwealth of Poland restored the local government after 40 years of non-existence during the time of Polish People’s Republic that was a satellite state of the Soviet Union after the Second World War. Another reform took place in 1998 as a part of preparations for the country’s membership in the European Union from 2004. Currently (...) developed strategic documents are suggesting the use of the "polarization and diffusion model of the development." The authors also discuss the regional policy currently implemented in Poland, which was designed in years 2009-2014. The process of creation of new policy includes plans to reform the policy instruments and to update the strategic framework. Conclusions highlight a need for a clearer division of powers between the center and regional governments and the importance of strengthening the financial basis and institutional capacity building. (shrink)

The paper discusses the active part in the process of perceiving, usually expressed by the Greek word krinein. It is argued that krinein in one of its uses means "to judge" in the sense of judging a case, i. e. deciding it. It is not used for making statements. A second meaning of the Greek word is that of discerning or discriminating, and it is this meaning that plays a central part in Aristotle's theory of perception.

I. EPISTEMOLOGICAL SUGGESTIONS From an epistemological view, classifying a statement as 'vague' means to judge the statement in question to be a mixture from partial knowledge and partial ignorance. Accordingly it seems desirable to describe the boundary between knowledge and ignorance hidden in the vague statement. -/- Ludwig discusses vagueness in physics, especially vagueness in measuring statements. The example he uses is 'measurement of Euclidean distance', i.e. the meaning of statements which are often written as "d(x,y) = α ± ε", (...) where vagueness is expressed by "± ε" indicating the so-called "error of measurement". Ludwig maintains that physicists have come to refrain from supposing that physical objects have exact properties which cannot be measured exactly (but only within the indicated 'error of measurement'). … But what is the alternative? … . (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...) to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

The main goal of this paper is to investigate the relation between the meaning of a sentence and its truth conditions. We report on a comprehension experiment on counterfactual conditionals, based on a context in which a light is controlled by two switches. Our main finding is that the truth-conditionally equivalent clauses (i) "switch A or switch B is down" and (ii) "switch A and switch B are not both up" make different semantic contributions when embedded in a conditional antecedent. (...) Assuming compositionality, this means that (i) and (ii) differ in meaning, which implies that the meaning of a sentential clause cannot be identified with its truth conditions. We show that our data have a clear explanation in inquisitive semantics: in a conditional antecedent, (i) introduces two distinct assumptions, while (ii) introduces only one. Independently of the complications stemming from disjunctive antecedents, our results also challenge analyses of counterfactuals in terms of minimal change from the actual state of affairs: we show that such analyses cannot account for our findings, regardless of what changes are considered minimal. (shrink)