PARC is an "appended numeral" system of natural deduction that I learned as an undergraduate and have taught for many years. Despite its considerable pedagogical strengths, PARC appears to have never been published. The system features explicit "tracking" of premises and assumptions throughout a derivation, the collapsing of indirect proofs into conditional proofs, and a very simple set of quantificational rules without the long list of exceptions that bedevil students learning existential instantiation and universal generalization. The system can be used (...) with any Copi-style set of inference rules, so it is quite adaptable to many mainstream symbolic logic textbooks. Consequently, PARC may be especially attractive to logic teachers who find Jaskowski/Gentzen-style introduction/elimination rules to be far less "natural" than Copi-style rules. The PARC system is also keyboard-friendly in comparison to the widely adopted Jaskowski-style graphical subproof system of natural deduction, viz., Fitch diagrams and Copi "bent arrow" diagrams. (shrink)

The ideas contained in this paper were first formulated as part of a chapter in my doctoral dissertation, which was completed in 1997. Some years later I added to my initial thoughts, scribbled some notes, and presented them at the 12th Annual Philosophy in Schools Conference, held in Brisbane in 2002. This presentation surfaced as a paper in Critical & Creative Thinking: The Australasian Journal of Philosophy in Schools (Burgh 2003a). Soon thereafter I revised the paper (Burgh 2003b) and it (...) appeared in abridged form in the Asia-Pacific Philosophy Education Network for Democracy (APPEND) Philosophy Series, Volume 4: Philosophy, Democracy and Education, edited by Philip Cam. It was once again revised, but also expanded, and appeared in Chapter 5 of Ethics and the community of inquiry: Education for deliberative democracy, a collaborative authorship with Terri Field and Mark Freakley (2006). Some sections have been further revised and appear in other publications (Burgh 2009, 2010; Burgh & Yorshansky 2011). These revisions would suggest that my thoughts on these matters are constantly changing. To some degree this is true, but each time the changes have built on previous ideas rather than new ideas replacing old ones. I welcomed the invitation to revise the original paper, which includes sections not included in later versions. However, with almost 11 years passing since the original publication, I found myself deleting sections and replacing others. Subsequently, this paper is a culmination of all the revisions and incorporates ideas from each. (shrink)

The last decade has witnessed the beginnings of a remarkable convergence of Husserlian phenonenology and analytic philosophy of language, and the present volumes provide original and important texts of the phenomenological philosophy of language. Powerfully influenced by the writings of the early Husserl, Reinach fashioned Husserl’s ideas into a rigorous analytical methodology of his own, which he applied in particular to problems in logic and the theory of knowledge, and to the philosophies of law and psychology. The central role of (...) the concept of state of affairs in Reinach’s philosophy will bring to mind immediately the formal ontology of Wittgenstein’s Tractatus. Reinach’s most significant contribution, however, is contained in his The a priori foundations of civil law (1913), above all in the detailed analysis of the a priori structure of the act of promising. This amounts to an elaborate phenomenological theory of speech acts which anticipates, and in some respects goes beyond, the later theories of Austin and Searle. The present edition is in two volumes. Volume 1, which includes a biographical and thematic introduction by the editors, contains critical editions of those pieces published by Reinach himself. Volume II is a collection of all those items in Reinach’s surviving Nachlass which are in publishable form, including a number of important pieces not hitherto obtainable on such themes as ethical predicates, speech acts (“soziale Akte”), perception and the theory of number, together with a comprehensive sketch of the problems in the theory of knowledge, logic and ethics. Appended to this is a text-critical apparatus which also contains extensive discussions of the origins and sources of the materials in question. (shrink)

The paper provides some introductory comments and a preliminary translation of Avicenna’s Burhān, IV, 2. I shall first set the stage by outlining the structure of the book (sec. 1). I will then briefly introduce (sec. 2) a number of notions that are dealt with in the first treatise of the Burhān (e.g. definition, description). Burhān, IV, 2 is split into two parts: the first focuses mainly on Aristotle’s An. Post., B, 4, whereas the second covers some of the topics (...) of B, 5 and B, 6. Accordingly, sec. 3 will be devoted to a cursory presentation of Aristotle’s arguments in An. Post., B, 4 along with a more detailed discussion of its Avicennan counterpart, focusing on the indemonstrability of definition; sec. 4, finally, will be a presentation of the second part of the chapter, concerning the relationship between definition and division. An English translation of the entire chapter is appended to the paper and is accompanied by some notes. (shrink)

Social media platforms have been rapidly increasing the number of informational labels they are appending to user-generated content in order to indicate the disputed nature of messages or to provide context. The rise of this practice constitutes an important new chapter in social media governance, as companies are often choosing this new “middle way” between a laissez-faire approach and more drastic remedies such as removing or downranking content. Yet information labeling as a practice has, thus far, been mostly tactical, reactive, (...) and without strategic underpinnings. In this paper, we argue against defining success as merely the curbing of misinformation spread. The key to thinking about labeling strategically is to consider it from an epistemic perspective and to take as a starting point the “social” dimension of online social networks. The strategy we articulate emphasizes how the moderation system needs to improve the epistemic position and relationships of platform users — i.e., their ability to make good judgements about the sources and quality of the information with which they interact on the platform — while also appropriately respecting sources, seekers, and subjects of information. A systematic and normatively grounded approach can improve content moderation efforts by providing clearer accounts of what the goals are, how success should be defined and measured, and where ethical considerations should be taken into consideration. We consider implications for the policies of social media companies, propose new potential metrics for success, and review research and innovation agendas in this regard. (shrink)

Dâwûd al-Qarisî (Dâvûd al-Karsî) was a versatile and prolific 18th century Ottoman scholar who studied in İstanbul and Egypt and then taught for long years in various centers of learning like Egypt, Cyprus, Karaman, and İstanbul. He held high esteem for Mehmed Efendi of Birgi (Imâm Birgivî/Birgili, d.1573), out of respect for whom, towards the end of his life, Karsî, like Birgivî, occupied himself with teaching in the town of Birgi, where he died in 1756 and was buried next to (...) Birgivî. Better known for his following works on Arabic language and rhetoric and on the prophetic traditions (hadith): Sharḥu uṣûli’l-ḥadîth li’l-Birgivî; Sharḥu’l-Ḳaṣîdati’n-nûniyya (two commentaries, in Arabic and Turkish); Şarḥu’l-Emsileti’l-mukhtalifa fi’ṣ-ṣarf (two commentaries, in Arabic and Turkish); Sharḥu’l-Binâʾ; Sharḥu’l-ʿAvâmil; and Sharḥu İzhâri’l-asrâr, Karsî has actually composed textbooks in quite different fields. Hence the hundreds of manuscript copies of his works in world libraries. Many of his works were also recurrently printed in the Ottoman period. One of the neglected aspects of Karsî is his identity as a logician. Although he authored ambitious and potent works in the field of logic, this aspect of him has not been subject to modern studies. Even his bibliography has not been established so far (with scattered manuscript copies of his works and incomplete catalogue entries). This article primarily and in a long research based on manuscript copies and bibliographic sources, identifies twelve works on logic that Karsî has authored. We have clarified the works that are frequently mistaken for each other, and, especially, have definitively established his authorship of a voluminous commentary on al-Kâtibî’s al-Shamsiyya, of which commentary a second manuscript copy has been identified and described together with the other copy. Next is handled his most famous work of logic, the Sharhu Îsâghûcî, which constitutes an important and assertive ring in the tradition of commentaries on Îsâghûcî. We describe in detail the nine manuscript copies of this work that have been identified in various libraries. The critical text of Karsî’s Sharhu Îsâghûcî, whose composition was finished on 5 March 1745, has been prepared based on the following four manuscripts: (1) MS Kayseri Raşid Efendi Kütüphanesi, No. 857, ff.1v-3v, dated 1746, that is, only one year after the composition of the work; (2) MS Bursa İnebey Yazma Eser Kütüphanesi, Genel, No.794B, ff.96v-114v, dated 1755; (3) MS Millet Kütüphanesi, Ali Emiri Efendi Arapça, No. 1752, ff.48v-58r, dated 1760; (4) MS Beyazıt Yazma Eser Kütüphanesi, Beyazıt, No. 3129, ff.41v-55v, dated 8 March 1772. While preparing the critical text, we have applied the Center for Islamic Studies (İslam Araştırmaları Merkezi, İSAM)’s method of optional text choice. The critical text is preceded by a content analysis. Karsî is well aware of the preceding tradition of commentary on Îsâghûcî, and has composed his own commentary as a ‘simile’ or alternative to the commentary by Mollâ Fanârî which was famous and current in his own day. Karsî’s statement “the commentary in one day and one night” is a reference to Mollâ Fanârî who had stated that he started writing his commentary in the morning and finished it by the evening. Karsî, who spent long years in the Egyptian scholarly and cultural basin, adopted the religious-sciences-centered ‘instrumentalist’ understanding of logic that was dominant in the Egypt-Maghrib region. Therefore, no matter how famous they were, he criticized those theoretical, long, and detailed works of logic which mingled with philosophy; and defended and favored authoring functional and cogent logic texts that were beneficial, in terms of religious sciences, to the seekers of knowledge and the scholars. Therefore, in a manner not frequently encountered in other texts of its kind, he refers to the writings and views of Muhammad b. Yûsuf al-Sanûsî (d.1490), the great representative of this logical school in the Egyptian-Maghrib region. Where there is divergence between the views of the ‘earlier scholars’ (mutaqaddimûn) like Ibn Sînâ and his followers and the ‘later scholars’ (muta’akhkhirûn), i.e., post-Fakhr al-dîn al-Râzî logicians, Karsî is careful to distance himself from partisanship, preferring sometimes the views of the earliers, other times those of the laters. For instance, on the eight conditions proposed for the realization of contradiction, he finds truth to be with al-Fârâbî, who proposed “unity in the predicative attribution” as the single condition for the realization of contradiction. Similarly, on the subject matter of Logic, he tried to reconcile the mutaqaddimûn’s notion of ‘second intelligibles’ with the muta’akhkhirûn’s notion of ‘apprehensional and declarational knowledge,’ suggesting that not much difference exists between the two, on the grounds that both notions are limited to the aspect of ‘known things that lead to the knowledge of unknown things.’ Karsî asserts that established and commonly used metaphors have, according to the verifying scholars, signification by correspondence (dalâlat al-mutâbaqah), adding also that it should not be ignored that such metaphors may change from society to society and from time to time. Karsî also endorses the earlier scholars’ position concerning the impossibility of quiddity (mâhiyya) being composed of two co-extensive parts, and emphasizes that credit should not be given to later scholars’ position who see it possible. According to the verifying scholars (muhaqqîqûn), it is possible to make definition (hadd) by mentioning only difference (fasl), in which case it becomes an imperfect definition (hadd nâqis). He is of the opinion that the definition of the proposition (qadiyya) in al-Taftâzânî’s Tahdhîb is clearer and more complete: “a proposition is an expression that bears the possibility of being true or false”. He states that in the division of proposition according to quantity what is taken into consideration is the subject (mawdû‘) in categorical propositions, and the temporal aspect of the antecedent (muqaddam) in hypothetical propositions. As for the unquantified, indefinite proposition (qadiyya muhmalah), Karsî assumes that if it is not about the problems of the sciences, then it is virtually/potentially a particular proposition (qadiyya juz’iyyah); but if it is about the problems of the sciences, then it is virtually/potentially a universal proposition (qadiyya kulliyyah). This being the general rule about the ambiguous (muhmal) propositions, he nevertheless contends that, because its subject (mawdû‘) is negated, it is preferable to consider a negative ambiguous (sâliba muhmalah) proposition like “human (insân) is not standing” to be a virtually/potentially universal negative (sâliba kulliyyâh) proposition. He states that a disjunctive hypothetical proposition (shartiyya al-munfasila) that is composed of more than two parts/units is only seemingly so, and that in reality it cannot be composed of more than two units. Syllogism (qiyâs), according to Karsî, is the ultimate purpose (al-maqsad al-aqsâ) and the most valuable subject-matter of the science of Logic. For him, the entire range of topics that are handled before this one are only prolegomena to it. This approach of Karsî clearly reveals how much the ‘demonstration (burhân)-centered’ approach of the founding figures of the Muslim tradition of logic like al-Fârâbî and Ibn Sînâ has changed. al-Abharî, in his Îsâghûjî makes no mention of ‘conversion by contradiction’ (‘aks al-naqîd). Therefore, Karsî, too, in his commentary, does not touch upon the issue. However, in his Îsâghûjî al-jadîd Karsî does handle the conversion by contradiction and its rules. Following the method of Îsâghûjî, in his commentary Karsî shortly touches on the four figures (shakl) of conjuctive syllogism (qiyâs iqtirânî) and their conditions, after which he passes to the first figure (shakl), which is considered ‘the balance of the sciences’ (mi‘yâr al-‘ulûm), explaining the four moods (darb) of it. In his Îsâghûjî al-jadîd, however, Karsî handles all the four figures (shakl) with all their related moods (darb), where he speaks of fife moods (darb) of the fourth figure (shakl). The topic of ‘modal propositions’ (al-muwajjahât) and of ‘modal syllogism’ (al-mukhtalitât), both of which do not take place in the Îsâghûjî, are not mentioned by Karsî as well, either in his commentary on Îsâghûjî or in his Îsâghûjî al-jadîd. Karsî proposes that the certainties (yaqîniyyât), of which demonstration (burhân) is made, have seven, not six, divisions. After mentioning (1) axioms/first principles (awwaliyyât), (2) observata/sensuals (mushâhadât), (3) experta/empiricals (mujarrabât), (4) acumenalia (hadthiyyât), (5) testata (mutawâtirât), and (6) instictives (fitriyyât), that is, all the ‘propositions accompanied by their demonstrations,’ Karsî states that these six divisions, which do not need research and reflection (nazar), are called badîhiyyât (self-evidents), and constitute the foundations (usûl) of certainties (yaqîniyyât). As the seventh division he mentions (7) the nazariyyât (theoreticals), which are known via the badîhiyyât, end up in them, and therefore convey certainty (yaqîn). For Karsî, the nazariyyât/theoreticals, which constitute the seventh division of yaqîniyyât/certainties, are too numerous, and constitute the branches (far‘) of yaqîniyyât. Every time the concept of ‘Mughâlata’ (sophistry) comes forth in the traditional sections on the five arts usually appended to logic works, Karsî often gives examples from what he sees as extreme sûfî sayings, lamenting that these expressions are so widespread and held in esteem. He sometimes criticizes these expressions. However, it is observed that he does not reject tasawwuf in toto, but excludes from his criticism the mystical views and approaches of the truth-abiding (ahl al-haqq), shârî‘â-observant (mutasharri‘) leading sufis who have reached to the highest level of karâmah. (shrink)

Iffication, Preiffication, Qualiffication, Reiffication, and Deiffication. -/- Roughly, iffication is the speech-act in which—by appending a suitable if-clause—the speaker qualifies a previous statement. The clause following if is called the qualiffication. In many cases, the intention is to retract part of the previous statement—called the preiffication. I can retract part of “I will buy three” by appending “if I have money”. This initial study focuses on logical relations among propositional contents of speech-acts—not their full conversational implicatures, which will be treated (...) elsewhere. The modified statement—called the iffication—is never stronger than the preiffication. A degenerate iffication is one logically equivalent to its preiffication. There are limiting cases of degenerate iffications. In one, the qualiffication is tautological, as “I will buy three if three is three”. In another, the negation of the qualiffication implies the preiffication, as “I will buy three if I will not buy three”. Reiffication is iffication of an iffication. “I will buy three if I have money” is reifficated by appending “if there are three left”. Deiffication is the speech-act in which—by appending a suitable and-clause—the effect of an iffication is cancelled so that the result implies the preiffication. “I will buy three if I have money” is deifficated by appending “and I have money”. All further examples come from standard (one-sorted, tenseless, non-modal) first-order arithmetic. All theorems are about first-order arithmetic propositions. An easy theorem, hinted above, is that an iffication is degenerate if and only if the negation of the qualiffication implies the preiffication. The iffication of a conjunction using one of the conjuncts as qualiffication need not imply the other conjunct: “Two is an even square if two is square” does not imply “Two is even”. END OF PRINTED ABSTRACT. -/- Some find that the last statement provides a surprise in logic. https://www.academia.edu/s/a5a4386b75?source=link Acknowledgements: Robert Barnes, William Frank, Amanda Hicks, David Hitchcock, Leonard Jacuzzo, Edward Keenan, Mary Mulhern, Frango Nabrasa, and Roberto Torretti. (shrink)

This is a completely informal presentation of the ideas behind the diagonal lemma. One really can't see this important result from too many different angles. This one aims at getting the main idea across. (For the cognoscenti, it is in the spirit of Quine's treatment in terms of "appended to its own quotation".).

This work proposes that pain meets the requirements of being characterized as a secondary quality, as it covers, like a color, a determined extension. The argument seeks to establish a literal pain-color analogy through an inquiry into the intensity and location of the pain. From the classic intensity/location relationship reported by patients with acute appendicitis, three degrees of pain are distinguished: mild, moderate, and severe. The objective is only achieved by examining the Body’s extensional determinations (primary quality) insofar as (...) each of these degrees of pain covers three particular measures. Once these three measures have been explored according to the perforation process (tissue damage), the work ends by identifying pain as a transcendent moment. (shrink)

This paper will argue that the order and the unity of St. Thomas Aquinas’s five ways can be elucidated through a consideration of St. Thomas’s appropriation of an Avicennian insight that he used to order and unify the wisdom of the Aristotelian and Abrahamic philosophical traditions towards the existence of God. I will begin with a central aporia from Aristotle’s Metaphysics. Aristotle says that the science of first philosophy has three different theoretical vectors: ontology, aitiology, and theology. But how can (...) all three be united into a single Aristotelian science? In his Metaphysics of the Healing, Avicenna resolved the impasse by taking the ontological vector as the subject of metaphysics. He then integrated the question of the four first causes into the penultimate stage of his demonstration for the existence of God, thereby placing aitiological and theological questions among the ultimate concerns of a unified Aristotelian metaphysics. In the five ways, St. Thomas integrated Avicenna’s Aristotelian search for the first four causes into the last four of his five ways, by showing that each of the four aitiological orders terminate in an ultimate first cause that we call God. Finally, by appending the proof from the Physics to the beginning of the five ways, St. Thomas was able to show that the ultimate aim of both natural philosophy and metaphysics is the divine first principle, which is the beginning and subject of sacra doctrina. (shrink)

The Abhidharmakośabhāṣya (Treasury of Metaphysics with Self-Commentary) is a pivotal treatise on early Buddhist thought composed around the fourth or fifth century by the Indian Buddhist philosopher Vasubandhu. This work elucidates the Buddha’s teachings as synthesized and interpreted by the early Buddhist Sarvāstivāda school (“the theory that all [factors] exist”), while recording the major doctrinal polemics that developed around them, primarily those points of contention with the Sautrāntika system of thought (“followers of the scriptures”). Employing the methodology and terminology of (...) the Buddhist Abhidharma system, the Abhidharmakośabhāṣya offers a detailed analysis of fundamental doctrines, such as early Buddhist theories of mind, cosmology, the workings of karman, meditative states and practices, and the metaphysics of the self. One of its unique features is the way it presents the opinions of a variety of Buddhist and Brahminical schools that were active in classical India in Vasubandhu’s time. The work contains nine chapters (the last of which is considered to have been appended to the first eight), which proceed from a description of the unawakened world via the path and practices that are conducive to awakening and ultimately to the final spiritual attainments which constitute the state of awakening. In its analysis of the unawakened situation, it thus covers the elements which make up the material and mental world of sentient beings, the wholesome and unwholesome mental states that arise in their minds, the structure of the cosmos, the metaphysics of action (karman) and the way it comes into being, and the nature of dispositional attitudes and dormant mental afflictions. In its treatment of the path and practices that lead to awakening, the treatise outlines the Sarvāstivāda understanding of the methods of removing defilements through the realization of the four noble truths and the stages of spiritual cultivation. With respect to the awakened state, the Abhidharmakośabhāṣya gives a detailed description of the different types of knowledge and meditational states attained by practitioners who reach the highest stages of the path. (shrink)

This is a short scholarly note about my retrieval an original copy of the Daily Post-Boy issue no. 7024 from September 9th,1732 from a private seller. In this issue we find an anonymous letter addressed to Berkeley which gave rise to him writing the Theory of Vision Vindicated. While Berkeley Berkeley appended a copy of the anonymous critic’s letter to TVV, until now an original copy of The Daily Post-Boy issue had yet to be discovered. -/- I have donated the (...) original copy to the Marsh's Library in Dublin, but you will find a scan of the original document attached to the note. -/- . (shrink)

The paper presents a preliminary estimation of the extent of dissemination of optical texts, ideas, and issues among the masters connected with the Prague faculty of arts in the late 14th and early 15th century. Investigation of this topic, so far rather neglected, is based chiefly on manuscript research. The paper brings evidence that perspectiva was taught in Prague at least since the 1370s. It suggests that investigation of Prague quodlibetal disputations (ca. 1390s – 1410s) and consideration of perspectivist authorities (...) employed in these texts can also shed some light on the issue. However, the paper is mainly devoted to the question on the mechanism of vision disputed by Bohemian arts master John of Borotín (Iohannes de Borotin, 1378 – after 1458) in the quodlibet organised by John Hus in 1411. It is suggested that the single extant exemplar of the question (preserved in the codex Prague, National Library, X.H.18) probably is Borotín’s autograph. The structure and sources of the question are analysed, with the conclusion being that Borotín proposes a compromise between intromission and extramission influenced by John Peckham’s Perspectiva communis. A critical edition of Borotín’s question is appended to the paper. / / / Please note this article is published with Brepols Publishers as a Gold Open Access article under a Creative Commons CC 4.0: BY-NC license. The article is also freely available on the website of Brepols Publishers under this same license. (shrink)

This essay investigates triadic patterns of argument in the thought of Moses Hess. Three kinds of triadic thinking are distinguished: the triadic pattern of three succeeding ages of mankind; the triadic pattern of original unity, fallen or alienated existence, and return to unity on a higher level; and the triad of head, heart and stomach, a symbolism which recurs in the writings of the Young Hegelians. Distinguishing these patterns throws an interesting light on the similarities and differences between the views (...) of Hess and Marx on the role of the proletariat in history. A translation by the author of Hess's "On the Essence of Money" is appended to the essay. (shrink)

an inquiry into recent animal experimentation at Sick Kids Hospital, including detailed accounts of pain research and fear conditioning on neonatal rodents, induced lung trauma on piglets, and the infection of impregnated mice with malaria. -/- appended with three 2018 Press Releases that provoked Sick Kids to contact Toronto police and ban me from their premises and from contacting their researchers.

This series aims to bring together important recent writing in major areas of philosophical inquiry, selected from a variety of sources. The editor of each volume contributes an introductory essay on the items chosen and on the questions with which they deal. A selective bibliography is appended as a guide to further reading.

The other major question in the history of political philosophy besides the issue of distributive justice is what the best form of government is. In Western philosophy, the received view is democracy. However, this paper challenges this thesis by presenting arguments against democracy relying in significant part on empirical data from political science and political psychology. Moreover, it presents a general case for a hybrid view over democracy for the legislative and executive branches that appends a meritocracy or rule by (...) the merited from Eastern philosophy to democracy. (shrink)

This essay reconsiders David Hume’s thinking on the fate of the British Empire and the future of established religion. It provides a detailed reconstruction of the development of Hume’s views on Britain’s successive attempts to impose or regain its authority over its North American colonies and compares these views with the stance taken during the American Crisis by Adam Smith and Josiah Tucker. Fresh light is shed on this area of Hume’s later political thought by a new letter, appended to (...) the essay, which at the same time provides an illuminating glimpse of his abiding preoccupation with the future of established religion. It is argued that this evidence of Hume’s privately held views belies the notion that his thinking on political and religious matters was fundamentally opposed to that of his friends among the philosophes. It is consequently misleading to regard Hume as an opponent of the more radical wing of the Enlightenment. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...) also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

Amyand’s hernia refers to the condition in which an inflamed, perforated, or normal appendix is present in the hernia sac. It accounts for 1% of all inguinal hernias and its preoperative diagnosis in patients is difficult. A 67-year-old male patient who underwent right-sided inguinal hernia repair with a mesh approximately 2 years before at another healthcare center was referred to our clinic with complaints of pain in his right inguinal area and swelling, which became evident while coughing or straining, for (...) approximately 2 months. A surgical procedure to repair his recurrent inguinal hernia was planned, and appendiceal tissue was observed in the hernia sac during the procedure. Appendectomy was not performed because the appendix was observed to be normal. Tension-free mesh hernioplasty was performed. The patient was discharged on postoperative day 1, without any complications. Amyand’s hernia is generally intraoperatively diagnosed and is a rare form of hernia with no specific symptoms. In this case report, we showed that despite the patient undergoing a surgical procedure, the appendix was present in the hernia sac because of recurrence, and we aimed at reviewing Amyand’s hernia with the literature. (shrink)