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)

The study aims at making explicit the three spheres or planes, essential from the point of view of semiotics, on which the discourse regarding dignity takes place, and at clarifying the relations between these planes. The analysis uses the conception of Kazimierz Ajdukiewicz. There are three principal areas in which the discourse on dignity is conducted – the plane of linguistic expressions on which the name “dignity” is used; the plane of meanings on which the notion of dignity is placed; (...) and the plane of objects on which there is dignity itself. There is a relationship of meaning between the different concepts of dignity and the expression “dignity”, a relationship of signification between expression “dignity” and dignity as its referent, and a relationship of apprehension between the concepts of dignity and their referents. (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)

The author poses a question: which of the two fundamental, constitutional values – common good or human dignity – can be considered to be the cornerstone, the unifying value in the Constitution of the Republic of Poland from 1997. The paper shows the crucial reasons for accepting each of these values as primary and also presents the underlying relationships between these values . The prominence of a given value for defining the aim of the constitution and (...) the legal order based on it was accepted as the most important aspect for determining the order of primacy. In respect of the direct aims of activities of public authorities and more broadly – of the aims of subjects whose activities are defined by the constitution – the primary value should be common good understood as certain social conditions of life which support human development. It defines the space in which other constitutional values, also human dignity, are integrated. Human dignity, however, the primary value defining human being, gives the reason why human development is a first and autonomous aim of the constitutional order. In this respect dignity has priority before common good. -/- Autor stawia pytanie o to, którą z fundamentalnych wartości konstytucyjnych – dobro wspólne czy godność człowieka – można uznać za wartość pierwszą i stanowiącą podstawę spójności aksjologicznej Konstytucji RP z 2 kwietnia 1997 roku. Wskazane są zasadnicze racje przemawiające za uznaniem każdej z tych wartości za wartość pierwszą i identyfikowane są zasadnicze relacje zachodzące między tymi wartościami. Za aspekt najistotniejszy dla ustalenia pierwszeństwa którejś z tych wartości uznana jest doniosłość danej wartości dla określenia celu konstytucji i opartego na niej porządku prawnego. Z punktu widzenia bezpośredniego celu działań władzy publicznej i szerzej – podmiotów, których działanie wyznaczone jest porządkiem konstytucyjnym, wartością tą jest dobro wspólne wyznaczające przestrzeń, w której integrowane są inne wartości konstytucyjne, z godnością włącznie. Dobro wspólne jest celem porządku konstytucyjnego ze względu na godność człowieka, która czyni jego rozwój pierwszym i szczególnym – autotelicznym dobrem. W tej perspektywie godność ma pierwszeństwo przed dobrem wspólnym. (shrink)

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)

"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)

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)

Adults aged 65 and above comprise the fastest growing sector of the world’s population. In the context of increasing numbers of older adults, employment policies have become a prominent issue. Governments recognize the importance of increasing participation in working age population and providing them with equal workplace opportunities. Yet, it appears that policies raising employment rates of older adults have become a slogan that governments use for election purposes, but the reality is different. In the groundbreaking report “Working Better with (...) Age: Poland‘ prepared by the Organization for Economic Cooperation and Development, Poland, the Czech Republic, and Slovakia belong to a group of countries where the increase in the employment rate of older adults is well below the OECD average. The objective of our critical review is to evaluate current employment policies for older adults, including but not limited to healthy work conditions, age management strategies, employment services for older workers, and strategies implemented to prevent the age discrimination, in these three countries. This article also discusses the reasons for the reduction in the employment of older adults, the current barriers in employing older adults that require governments’ attention, and suggests solutions for creating an age-friendly labor market that can effectively make use of older adults’ competencies. Employment rates for people of different ages are significantly affected by government policies with regard to higher education, pensions, and retirement age. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April (...) 13, 2007, on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and (...) rights, or social justice and moral community. Rather, it was the product of a political compromise between warring confessional blocs, and of the institutions of public law that were the instruments and effects of this compromise. (shrink)

This paper explores the philosophical underpinnings that guided the Framers of the US Constitution in establishing a government unlike any in history. Central to their concerns was the protection of individual rights, a concept deeply rooted in Western political thought. These rights, including freedom of speech, belief, and private property, were essential to safeguard against government overreach. It also explains why it is important to protect the Constitution against the threats for the potentially unlawful alterations. The alteration is (...) allowed within the Law, not without. Recently, we have observed a wave of new assaults to the Constitution, including the presidential blind immunity from the law being argued in the Supreme Court. The concern is about the tools envisioned and implanted by the Founders to protect the Law and the Republic. Are they still working? (shrink)

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human (...) dignity in the two constitutions, each one of us from his own philosophical perspective. (shrink)

It is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, relinquishes some progressive stances and retreats to conservative positions. According to several interpreters, this is especially evident from Kant’s discussion of moral progress and public use of reason. Kant avers that moral progress can only occur through state-sanctioned education “from top to bottom” and entrusts the emergence of a state endowed with the relevant resolution and ability to “a wisdom from above” (7:92-93). According to numerous (...) interpreters, this call for state intervention and the accompanying surrender to a superhuman wisdom manifest Kant’s retreat from initially republican to later conservative positions. In Kant’s previous writings, the notion of public use of reason indicates the unrestricted freedom to communicate one’s thoughts, provided that the communication does not take place in the exercise of one’s function as a state official, and potentially encompasses all adult men. Instead, in The Conflict of the Faculties, Kant contrasts university professors’ freedom to make public use of their reason with the other public officials’ obligation “to uphold whatever […] the crown sanctions for them to expound publicly” (07:08). Thus, according to several scholars, Kant ends up disenfranchising the vast majority of people from the public use of reason and adjusting an emancipatory notion to the absolutist conception of speech and civil service. On my reading, with The Conflict of the Faculties, Kant neither retreats to conservative positions nor softens any progressive tenets of critical philosophy. On the contrary, I intend to show that a) the project of a state-sanctioned education constitutes Kant’s republican rebuttal of conservative positions on their ground, and is fully in keeping with critical philosophy; b) Kant sets forth a new notion of public use of reason that reverses the order of moral progress presented in his previous writings, but retains all its emancipatory character. I intend to support my interpretation by a) conducting a rhetorical analysis showing how Kant’s rhetoric aims to persuade the ruler that his interests are best served by fostering the regulative ideas of pure practical reason as discovered by critical philosophy; b) analysing Kant’s use of the term ‘public’ (both as the adjective ‘öffentlich’ and the noun ‘Publikum’) and showing how it retains its wide scope and emancipatory function and even expands them to areas previously subjected to legitimate censorship. (shrink)

If we accept the 7th letter as authentic and reliable, a matter that we will not be addressing in this paper, the text that we have in front of us is “an extraordinary autobiographic document”, an autobiography where the “I” as a subject becomes “I” as an object, according to Brisson. The objective of the paper is to examine how we could approach and interpret the excerpt from Plato’s 7th letter regarding the Doric way of life (Δωριστὶ ζῆν). According to (...) Plato, the Sicilian life (Σικελικὸν βίον) that was allegedly a blissful life (βίος εὐδαίμων) would never allow anyone to become virtuous with all these excesses on behalf of the appetitive part of the soul (ἐπιθυμητικόν). In contrast to this specific type of life that is presented as prevalent in the 7th Letter, only Dion used to live virtuously above pleasure and luxury. The “therapy” for this φλεγμαίνουσαν πόλιν of Syracuse is the return to Δωριστὶ ζῆν κατὰ τὰ πάτρια, the return to the Doric way of the forefathers. The phrase Δωριστὶ ζῆν in its context in the 7th Letter is an important one, because it probably shows the significance of adopting the Doric way of life, in order to create the appropriate conditions for a political reform. Examining the guardians who are the ἄριστοι of the ideal city, a class that constitutes the platonic idea of aristocracy in the Republic, we can understand that they receive many important traits from the Doric ideal (especially the educational program). Combining the concept of Δωριστὶ ζῆν with the Doric ideal, we suggest that the Doric model is quite important for the Athenian philosopher functioning as the cornerstone of reform. (shrink)

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)

At Republic 435c-d and again at 504b-e, Plato has Socrates object to the city/soul analogy and declare that a “longer way” is necessary for gaining a more “exact grasp” of the soul. I argue that it is in the Philebus, in Socrates’ presentation of the “god-given” method of dialectic and in his distinctions of the kinds of pleasure and knowledge, that Plato offers the resources for reaching this alternative account. To show this, I explore (1) the limitations of the (...) tripartition of the soul that Socrates’ own objections in the Republic suggest, (2) the route of the “longer way” through the Eleatic dialogues to the Philebus, (3) the procedures that constitute the “god-given” method and the structure of the eidetic field it discloses, and (4) the resources that, considered in light of the method, Socrates’ distinctions of the kinds of pleasure and knowledge provide for the more “exact grasp” of the soul. (shrink)

The emphasis in contemporary democratic theory and in the history of political thought on the ‘natural rights’ theory of popular sovereignty of Locke, precursors of which are found in the work of Hugo Grotius and others, obscures an important relationship between constitutional self-government and nationalism. Through an examination of the early political writings of Grotius, especially his Antiquity of the Batavian Republic, this essay shows how a national consciousness forged out of memories of native traditions of self-government, and stories (...) of heroic ancestors who successfully defended those traditions against usurpers and tyrants, gives concrete substance to otherwise inchoate theories of constitutional self-government. (shrink)

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)

Each of the degenerating constitutions in Book VIII of Plato's Republic is the result of the disappearance of one of the four cardinal virtues. The failure of wisdom creates a timocracy; the failure of courage, an oligarchy; the failure of moderation, a democracy; the failure of justice, a tyranny. The degeneration shows that the disunited virtues are imperfect, though they have some power to stave off vice. Thus Book VIII implies a unity of the virtues thesis according to which (...) perfect virtues can only exist in a united state, but imperfect simulacra of virtue can exist in a disunited state. -/- Published 2011 in Apeiron: A Journal for Ancient Philosophy and Science. (Please note that the pagination in the uploaded document is not the same as the pagination in the published edition.). (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

In recent years, Islamic feminism has become a prevalent and controversial topic among scholars from Muslim countries and Western feminists. While respecting the efforts of Muslim activists, this paper argues that because Islamic perspective is inherently anti-pluralist, it is not conducive to feminism and even at odds with it. Since it is impossible to make any generalizations about Muslim countries, this paper focuses on the debate of Islam and feminism as it relates to Iran. Islamic laws that are the ground (...) for constitutions in many Muslim countries treat men and women unequally. In countries with a theocracy, Islam becomes a political system where the power of the ruling elite, which are the clerics, becomes an important obstacle on the way of reforms. As a worldview, Islam provides a fixed identity of women and men that is irreconcilable with any liberating theory. The significance of this discussion lies in the potential of celebration of “Islamic feminism” for reinforcing the fusion of religion and politics in a country such as Iran, which has a religious state. (shrink)

Students of Stoic philosophy, especially of Stoic ethics, have a lot to swallow. Virtues and emotions are bodies; virtue is the only good, and constitutes happiness, while vice is the only evil; emotions are judgements ; all sins are equal; and everyone bar the sage is mad, bad and dangerous to know. Non-Stoics in antiquity seem for the most part to find these doctrines as bizarre as we do. Their own philosophical or ideological perspectives, and the criticisms of the Stoa (...) to which these gave rise, are no less open to criticism than are the paradoxes and puzzles under attack – but they may be, often are, better documented, less provocatively attention-begging, or simply more familiar. Even disputes within the Stoa can be obscured or distorted by modern prejudices. Posidonius rejected Chrysippus' theory of a unitary soul, one rational through and through, on the grounds that such a theory could not satisfactorily account for the genesis of bad – excessive and irrational – emotions, the πάθη . Posidonius' own Platonising, tripartite soul feels more familiar to us because the Republic tends to be a set text rather more often than do the fragments of Chrysippus' de anima; and the balance in Plato's favour is unlikely to change. When Posidonius wrote, on the other hand, the Chrysippean soul was school orthodoxy, and Platonism the latest thing in radical chic. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the (...) Constituent Assembly with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

Though it is evident that seriously and irreversibly defective infants are born in Poland, as well as in other socialist countries we do not know really what is the existing medical practice concerning their treatment or non-treatment. No representative empirical investigations were conducted with respect to it. We believe, however, that for the majority of doctors this is not a genuine moral problem at all. They feel simply morally, legally, and professionally obliged to treat those unhappy creatures without any (...) regard to economic and moral cost of treatment. It is highly plausible that this attitude is common to all socialist countries. All the factors mentioned in this paper (religion, ideology, medical education, paternalism, remembrance of Nazi doctors’ criminal practice, the legal situation, and the health care system) have a direct influence on the moral beliefs and attitudes of doctors in socialist countries. And even in those countries in which there are different religious traditions (like the Soviet Union, Yugoslavia, or the German Democratic Republic) there is a deeply-entrenched belief that preserving any human life is the principal and absolute duty of a doctor, one which must be fulfilled at any cost. We should also keep in mind that in this part of the world hardly any distinction at all is made between euthanasia and ordinary murder. (shrink)

The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power conferred (...) on each branch. As the stare decisis is a rule in the common law countries, it is less prospective to anticipate that a quantum leap can be made for the new paradigm of constitutional government in the US. In this challenge, the paper deals with the sensitive area of three powers involving the issue of presidential privilege and immunity, justiceability and standing, as well as judicial control of public agencies. In the course of discussion, several landmark cases were illustrated to make a point for the angulated controversies, typically involving the pressing pubic issues and officers of absolute or qualified immunity. Given the diverse structure of government, the US model had been followed by many new born republics in 20th centuries. The author would wish that the paper provides a comparative lesson for the circle of those countries. (shrink)

In The Republic of the Living, Miguel Vatter argues that, at the end of the 1970s, Michel Foucault did not convert to but criticized neoliberalism from a republican point of view. Neoliberal governmentality allegedly represses the capacity of human collectives to democratically govern themselves. The potential for republican self- government would then constitute the basis for an affirmative variant of biopolitics. I argue that this creative reformulation of Foucault’s oeuvre does not work as an interpretation of Foucault nor as (...) a valid critique of neoliberalism. Using the influ- ence of Georges Canguilhem on Foucault, I propose to locate the potential for affirmative biopolitics not in the collective capacity for self-government, but in the fragility of living beings in their interaction with their milieu. Because life is con- stitutively dependent on infrastructural conditions to flourish, we need a biopolitics that establishes institutions which support the sustenance of life. (shrink)

To highlight the promise of Jordan Pascoe’s Kant’s Theory of Labour, my comments concern the diagnostic and prescriptive dimensions of the book’s excellent intersectional critique of dependent labour relations. The diagnostic dimension of Pascoe’s critique establishes that the organisation of dependent labour relations is a neglected problem of Kantian justice. The prescriptive dimension offers solutions to this problem but is underdeveloped. To enhance the book’s prescriptive dimension, I draw on the noted Africana philosopher W. E. B. Du Bois for guidance. (...) For Du Bois, a constitutional republic ought to strive for the abolition of a ‘second’ slavery following the abolition of de jure black chattel slavery with the end of the American Civil War. Given Du Bois’ call for meaningful Emancipation, I argue that philosophers should reinterpret the Kantian normative ideal of freedom as universal independence to uproot the postbellum conditions of second slavery. (shrink)

The East European region has always created a space of interaction between the great powers of the Eastern and Western Europe of the different epochs in European history. Not just a contact and an interaction region between Europe, Asia and the Middle East (Africa), but also a pivot of the European security environment, most often forming a real axis on which this scene of confrontation between powers can bend into one or the other part. We can say that the Eastern (...) European region has formed hundreds of years ago (with the emergence of Ottoman power and its pressure on the Western powers, the emergence of the Tsarist and later Soviet power) a pivotal axis which determined the geopolitical configuration of the world and led successively to the advancement or decay of an empire or another. Indeed, the balance between Western powers and the Ottoman Empire, and later between the Austro-Hungarian Empire and the Eastern Powers, such as the Ottoman Empire and the Tsarist Empire, has been established for several hundred years right in this pivotal axis of Eastern Europe. For this reason, the political and military situation of the territories covered by the pivotal axis have always been a special one. This pivotal axis of Europe started from the Baltic Sea and was generally disposed over the continental strip where today are countries like Estonia, Latvia and Lithuania, a part of Poland (Pomerania and a part of Silesia), the Czech Republic, the western part of today Romania and a part of Serbia. This geographical positioning of the pivotal axis has led to a permanent political turmoil and change of borders in the mentioned regions. Referring exclusively to the manner in which this pivot axis intersected the current territory of Romania, we observe that in its passage from north to south it included Satu Mare, Oradea, Arad, Timişoara and Reşita. Oradea has always played an important role in Central-Eastern Europe, NATO recognizing the NATO HUMINT Centre of Excellence (HCOE) as a strategical organization with a remarkable contribution to the development of the Human Intelligence capability within the Alliance. (shrink)

The purpose of this paper is an interpretation of the social and political thought of the Solidarity movement in the light of the political philosophy of communitarianism. In the first part of the paper, the controversies between liberalism and communitarianism are characterized in order to outline the communitarian response toward the authoritarian/totalitarian challenge. In the second part, the programme of a self-governing republic created by Solidarity is interpreted in the spirit of communitarianism. I reconstruct the ideal vision of human (...) being expressed in of ficial trade union’s documents and essays of Solidarity’s advisers e.g., Stefan Kurowski and Jozef Tischner, and the efforts of the movement for telling the truth about history and its vision of Polish history. Also, I interpret the programme of Self-Governing Republic adopted during the First National Convention of Delegates of Solidarity. In these programmatic documents of Solidarity, one may find ideas characteristic both of the communitarian and liberal political philosophy. However, the liberal ones—including, primarily, the guarantee of human and citizens’ rights, and of individual liberties—were subordinated to the postulate of reconstructing the national and social community. In the course of transformation after 1989, these communitarian elements of Solidarity programme, incompatible with liberal ideological agenda, have been erased. (shrink)

Commentators such as Terence Irwin (1999) and Christopher Shields (2006) claim that the Ring of Gyges argument in Republic II cannot demonstrate that justice is chosen only for its consequences. This is because valuing justice for its own sake is compatible with judging its value to be overridable. Through examination of the rational commitments involved in valuing normative ideals such as justice, we aim to show that this analysis is mistaken. If Glaucon is right that everyone would endorse Gyges’ (...) behavior, it follows that nobody values justice intrinsically. Hence, the Gyges story constitutes a more serious challenge than critics maintain. (shrink)

We will explore ecumenical collaboration for the sake of mission in the 21st century in this region. In this sense, we will consider ecumenical relations, theological education, migration and diaspora, and present challenges, and will try to identify the vision of the future. We will do this by focusing on four countries from the region as critical studies: the Czech Republic, Poland, Romania, and Serbia.

The present paper is an attempt at examining the value configuration and the socio-demographical profiles of the local political elites in four countries of East-Central Europe: Romania, the Czech Republic, Bulgaria, and Poland. The treatment is a comparative one, predominantly descriptive and exploratory, and employs, as a research method, the case-study, being a quite circumscribed endeavor. The cases focus on the members of the Municipal/Local Council in four towns similar in terms of demography and developmental strategies (i.e. small-to-medium (...) sized communities of around 35,000 inhabitants, with economies largely based on food industry and commercial activities): Tecuci (Galați county, Romania), Česká Lípa (Liberec region, Czech Republic), Targovishte (Targovishte province, Bulgaria), and Oleśnica (Lower Silesia province, Poland). Hypothesizing that the local elites of the former Sovietized Erurope tend to differ in outlook, priorities, and value attainment, as compared to their Western counterparts, the paper considers the former’s attitudes and perspectives in regard to seven values: a series of values customarily connected with the concept of ‘democracy’ (i.e. citizen participation, political conflict, gradual change, economic equality), state intervention in economy, decentralization and increased local autonomy, cultural-geographical self-identification. The study uses, as well, five models of value attainment in what concerns the ‘ideal portrait’ of the local councilor (Putnam 1976): ethical, pragmatic, technocratic, political, and gender. According to the results of a study applying a standard written questionnaire among the local councilors of the three communities in the period December 2010-February 2013, the paper distinguishes among three corresponding types of local elites: (1) ‘predominantly elitistic,’ (2) ‘democratic elitist,’ and (3) ‘predominantly democratic,’ following two types of explanation accounting for the differences among the four cases: the legacy of the defunct regime and the degree of administrative decentralization. (shrink)

In books 8 and 9 of Plato’s Republic, Socrates provides a detailed account of the nature and origins of four main kinds of vice found in political constitutions and in the kinds of people that correspond to them. The third of the four corrupt kinds of person he describes is the ‘democratic man’. In this paper, I ask what ‘rules’ in the democratic man’s soul. It is commonly thought that his soul is ruled in some way by its appetitive (...) part, or by a particular class of appetitive desires. I reject this view, and argue instead that his soul is ruled by a succession of desires of a full range of different kinds. I show how this view helps us better understand Plato’s depiction of corrupt souls in the Republic more generally, and with it his views on the rule of the soul, appetitive desire, and the nature of vice. (shrink)

This essay considers the role of the soul in Plato’s political philosophy. Contra Gerasimos Santas, I offer a reading of Republic 8 which takes Plato’s criticism of the democratic soul as his criticism of the psychological pressures innate in the democratic constitution. On this account, democracy fails because it encourages unnecessary appetites. These appetites breed anarchy and ignorance under the guise of freedom. Section two reviews Santas reading of the Republic and his interpretation of Plato’s treatment of (...) democratic principles: private property, knowledge, and freedom. Section three provides a reading which takes the soul into consideration. Reading the descent to democracy and the birth of the democratic man as indicative of the pressures of the democratic system, we gain insights into the psychology of democracy. (shrink)

The article titled “Multiculturalism is the key philosophic concept of a modern society’s social development” is devoted to analysis of cultural- political concerns taking place in modern societies from socio- philosophic aspects. The article outlines such topics as addressing this matter from the aspect of urgent demand of the time and period, respect to other cultural identities, and prevention of radicalism, terrorism, extremism, religious fundamentalism, and racial discriminatory acts that may upset the equilibrium in the system of ethnic- political relationships (...) of multiethnic societies against the background of globalization process, and criticality of taking complex measures aimed at safe future in respect of ethnic – political subjects. Term of multiculturalism from philosophic point of view has a broader definition being a generic manifestation of the cultures to which various social entities integrating various values belong to. It is a well-known fact that culture and moral virtues are a historic- philosophic system of views and, depending on dictate of the time and form of public order established at each historic development phase, culture and moral virtues are subject to change and renewal. Multiculturalism is a form of tolerance where representatives of different national cultures coexist in a country and assert themselves. Mutual understanding, joint activity, including equal dialogue between parallel cultures, are the factors forming philosophic- theoretical base of multiculturalism paradigm. The article analyzes multiculturalism concept philosophically and is primarily explained as a synthesis of communitarism and liberalism ideas. It is specifically stressed that multiculturalism reflects the equality promoted by communitarism as a concept and respect towards a personality, other cultures and religions as asserted by liberals. Readers’ attention are called to transformation of multiculturalism paradigm into main philosophic- political concept of modern societies and its constitution of the political doctrine of many developed countries, including the Republic of Azerbaijan in state policy context. (shrink)

In the pre-Independence era, our republic founders held the Cold War mindset strongly. Consequently, the Indonesian republic proclaimed in 1945 was based on a Cold War mindset; our state philosophy (Pancasila) and the Constitution (UUD '45) were understood and construed on the Cold War discourse basis; and binary oppositions of capitalism-socialism and liberalism-communism since then have been created. Up to the 2020s, the Cold War mindset has still been held by public intellectuals and the binary oppositions have (...) still been rampant in intellectual discourses. If the mindset were still held for three decades to come, it would cause a setback to the development of Indonesian philosophy history. This article is a call to stop and an invitation to escape from the retrogressive mindset. As a call, the article exposes first the evil root of the Cold War mindset as well as the philosophical critique towards it. Then, as an invitation, it suggests three realistic alternative mindsets to replace the Cold War mindset, i.e. post- Cold War capitalistic mindset, deconstructive mindset, and utopian mindset, which are called herein as three growth scenarios. It is believed that, if the three generating scenarios are followed, they will move Indonesian philosophy history forward, and its ongoing development will not hinder or retard. (shrink)

Stanisław Ignacy Witkiewicz and Franciszka and Stefan Themerson constitute a rare constellation of outstanding artists of the 20th century avant-garde. Their best known contributions were a concept of Pure Form and an idea of Semantic Poetry respectively. They all shared multiplicity and diversity of interests and areas of not only artistic activities. Philosophy and science influenced to large extent form and content of their works. Despite their mutual interest in each other’s work they had never met personally and no correspondence (...) between them was found. However similarities in attitudes resulted then in intertwining of their paths of artistic development. One of early Stefan Themerson’s novels featured strong influence of Witkacy works but all his later writings were fully original and individual. However the author believes one can still find some flavours, tones and traces leading to the oeuvre of the author of Insatiability. After leaving Poland in 1938 Themersons had still maintained their interest in Witkiewicz works what finally led to translation and preparation for publishing by Gaberbocchus Press of his two plays – Gyubal Wahazar and Mother featuring Franciszka’s drawings. A brief review of Gaberbocchus Press achievements and resources of the Themersons Archive, established by Jasia Reichardt after their death, constitute a background for an analysis of relationships between Witkacy and Themersons. The fact National Library in Warsaw acquired Themersons heritage alleviated very much access to many very interesting source documents. The author focused on a part of the Archive related to the all aspects of Witkacy’s works. Typescripts of publication ready translated and adapted plays, Vahazar and Mother, which finally remained not published by the Gaberbocchus Press triggered an idea to take up the challenge of publishing a “bestlooker” today. A draft of a bibliophilic bilingual edition of the Gyubal Wahazar drama illustrated with Franciszka Themerson’s drawings (samples are included in the paper) is proposed as a final thought. (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)

It is tempting to think that in the case of complete spatio-temporal coincidence, the statue is identical with the constituent lump of clay. However, some philosophers have thought that accepting constitution as identity in this type of case forces one to reject the necessity of identity. I show that there is no conflict here. By distinguishing between an object's being necessarily an F and an object's being necessity identical with an F, we can see that accepting the necessity of (...) identity does not, and should not, compel one to reject constitution as identity. (shrink)

I defend what may loosely be called an eliminativist account of causation by showing how several of the main features of causation, namely asymmetry, transitivity, and necessitation, arise from the combination of fundamental dynamical laws and a special constraint on the macroscopic structure of matter in the past. At the microscopic level, the causal features of necessitation and transitivity are grounded, but not the asymmetry. At the coarse-grained level of the macroscopic physics, the causal asymmetry is grounded, but not the (...) necessitation or transitivity. Thus, at no single level of description does the physics justify the conditions that are taken to be constitutive of causation. Nevertheless, if we mix our reasoning about the microscopic and macroscopic descriptions, the structure provided by the dynamics and special initial conditions can justify the folk concept of causation to a significant extent. I explain why our causal concept works so well even though at bottom it is comprised of a patchwork of principles that don't mesh well. (shrink)

This research examines the most important historical, political, economic, social, cultural, and religious factors before, during, and after the reign of Communism in Czechoslovakia from 1918 to 2021 and their effect on the extreme increase in atheism and decrease in Christianity, particularly Roman Catholicism, in the present-day Czech Republic. It devotes special attention to the role of the Clandestine Catholic Church (Ecclesia Silentii) and the changing policies of the Holy See vis-à-vis this Church, examining these policies' impact on the (...) continuing decline of Roman Catholicism in the Czech Republic after the collapse of Communism. The article also deals with Pope Pius XII's Secret Mandates of 1948-1950, the Second Vatican Council, and the Holy See's Ostpolitik. Scholars, who previously relied only on the views of the Czechs, blame the unprecedented drop in Christianity, the near-total destruction of the Catholic Church, and the rise in atheism on the Czechoslovak communist government's four decades of totalitarianism. Although the increase in atheism and decrease in Christianity were substantial during the era of Communism from 1948 to 1989, our data indicate that the decline in Christianity, particularly the historically predominating Roman Catholicism, did not commence with the 1948 communist coup d’état but traces its origins to the breakdown of the Austro-Hungarian Empire after the conclusion of WWI and the establishment of Czechoslovakia on October 28, 1918. What's more, this research shows that the most significant and unprecedented steep deterioration of the Christian Faith, namely Roman Catholicism, did not occur during the era of Communism but only after the Czechoslovak communist government collapsed in 1989. This massive decay did not happen even during the most extraordinary communist persecution of the Catholic Church during the era of Stalinism in Czechoslovakia. This research further finds that the Holy See's ill-advised policies and systematic, sustained, and prevalent failures in leadership, guidance, and teachings are responsible for the near destruction of the Roman Catholic Church and especially the end destruction of the Clandestine Catholic Church (Ecclesia Silentii), in the Czech and Slovak Republics after the fall of Communism. These failures furthermore contributed to the Czech Republic, the historical lands of Bohemia and Moravia that once were in the center of Christendom, degenerating into the most atheist country in Europe and the world today. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, (...) order and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political deliberations in (...) Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (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)

I introduce the phenomenon of "littleness" to French phenomenology which opens a way toward preparing for the the manifestation of the person, the saturated phenomenon par excellence.

The first part of my hypothesis, then, is simple enough, and would be accepted in principle by most students of Plato: the dramatic structure of the dialogues is an essential part of their philosophical meaning. With respect to the poetic and mathematical aspects of philosophy, we may distinguish three general kinds of dialogue. For example, consider the Sophist and Statesman, where Socrates is virtually silent: the principal interlocutors are mathematicians and an Eleatic Stranger, a student of Parmenides, although one who (...) is not always loyal to his master's teaching of what might be called monadic homogeneity. In these dialogues, the mathematical character of philosophy is not merely emphasized but exaggerated, and any attempt to interpret them must take this fact into account. Otherwise, we shall not be able to understand why the Stranger seems to classify the general's art in the same species of the genus hunting as the louse catcher. The significance of this step, which does not stem from humanitarian considerations, but rather illustrates how the human becomes invisible from the mathematical viewpoint, contributes its share to the obscurity of these two dialogues. Second, there are dialogues like the Phaedrus and Symposium, in which the style, the interlocutors, and even the subject-matter seem to be largely poetic and rhetorical. Here, the overwhelming impression is of enthusiasm, divine madness, and intoxication in speech and deed. Finally, there are dialogues like the Philebus and Republic, in which it is not so easy to say whether poetry or mathematics predominates, if indeed either may be said to do so. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, such discontinuities (...) fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

This paper reevaluates the role of Adeimantus in Book 2 of Plato's Republic, arguing that his challenge to Socrates' view of justice—specifically, his interest in the influence of the outer world on our inner lives—serves a crucial yet underappreciated purpose in initiating the political project of the work. I suggest that it's due to Adeimantus' contribution in the Republic that Plato's wide-ranging inquiry into issues in ethics, politics, psychology, epistemology, and metaphysics hangs together as an integrated whole. A (...) further benefit of this reevaluation, I argue, is the way it illuminates Plato's assessment of poetry in the dialogue. This paper was delivered this past year as part of the Boston Area Colloquium in Ancient Philosophy. Comments are welcome but please do not cite without permission. (shrink)