It appears that we know surprisingly little about how judges frame linguistically the rationale behind their decisions and how such texts are structured. Using the concept of rhetorical moves, this paper adopts a genre-based approach to examine the rhetorical structure of legal justifications provided in the decisions of the Polish Constitutional Court. The goal of the study is to verify the claim that the way justifications are drafted is becoming more and more uniform and conventional. The results show that there (...) is a common core of rhetorical structure realized by means of recurrent functional segments of text. This paper proposes a prototypical move structure of a Constitutional Tribunal justification and it argues that that the way justifications are drafted are subject to very concrete, even if not explicitly stated constraints. (shrink)

There are many different ways in which modern Corpus Linguistics can be used to enrich and broaden our understanding of legal discourse. Based on the central principle of co-occurrence and co-selection in language construction, this paper reviews current applications of Corpus Linguistics in the area of legal discourse focusing on issues ranging from phraseology, variation in legal discourse, legal translation, register and genre perspectives on legal discourse, legal discourse in forensic contexts to evaluative language in judicial settings. It revisits the (...) notion of ‘corpus’ and it highlights the relevance of various types of legal corpora and computer tools in legal linguistic research. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 51-67.

This paper investigates the role of (DIS)RESPECT a value premise in two landmark civil rights cases given by the United States Supreme Court. It adopts a corpus-assisted approach whereby a keyword analysis and the analysis of key semantic domains are used to identify potential values relied upon by judges in their justifications. The two categories of NO RESPECT and RESPECTED have been selected and examined as one domain of (DIS)RESPECT. (DIS)RESPECT turns out to be the only value marked by strong (...) evaluative polarity and it is found in the majority, as well as in dissenting opinions. The analysis shows how the notion of (DIS)RESPECT has been integrated into the arguments of judges and it highlights the central importance of values and the related evaluative language for legal argumentation. (shrink)

Democracy - hope or illusion? Blooming, failing or declining? Our doubts and hesitation make part of unbending efforts to endorse and explain democracy. Who is right - the custodians of promise or the prophets of decline? The book concentrates on doubts. The author tries to explore «the other side of the moon», emphasizing the role of critical thinking, opposing a main-current optimism. Defending democracy we want to generate hope, but hoping may be a dangerous craft. Protecting our hope we are (...) prone to believe that democracy - even if it is not a full success story - is justified in its nature and out of question. How much do we have to forget to sanction this view? This is, in fact, the main question the book raises. It gives voice to those who never, in their writing on democracy, used a flattering tone. Starting with Greek giants - Plato and Aristotle - up to modern and most recent times, going through a broad field of revealing criticism, leaving us with an unsettling feeling that democracy is rather something to be explained than something to be celebrated. Living in democracy, lamenting its underperformances, we must not overlook a fundamental question - in what part do our disappointments reflect the «art of forgetting», allowing us to cast into oblivion all serious doubts originating in a critical discourse on modernity and democracy? (shrink)

The book by professor Stanisław Kowalczyk, renowned scholar in the field of social philosophy, is, without doubt, one of the most important studies on the idea of freedom. The concept of freedom is as old as mankind. It has many meanings and has been interpreted in many different ways. For instance, we also have the word „liberty," which means „freedom or right" and is synonymous with the word freedom, which means „the condition of being free." The author indicates that in (...) our times the notion of freedom is most frequently used; however, it is often misused or deceptive. Mass media and people of all walks of life talk of liberty; everyone talks of freedom and, for many, it is the highest value. Longing for freedom is rooted in the heart of every human being, for freedom is an existential correlate and the fulfilment of the rational human being. The semantic confusion about the notion of freedom leads to many misuses of the concept. Personalism, as a philosophical concept in which a person stands in the centre of all discussion, serves as a framework for the author's delineation on the concept of freedom. He further states that the appropriate understanding of this value is possible in the context of the personalistic interpretation of a human being. This is the focus of this informative and insightful book. (shrink)

In the first part I focus on the issue of progress, in particular progress in philosophy. Philosophical progress has a special property that it shares with the process of becoming a better person. It is constantly finding yourself “on the way”. This path is not only anchored in the Absolutely Perfect but it conditions and stimulates the reflection towards the truth about the relationship between Him and us. We can assume that the core of this reflection is philosophy. The second (...) part is devoted to the paradoxical nature of the most generally understood memory. I assume that the condition of awareness of a certain content is its outdatedness, that is, its transfer to the sphere of memory. Memory is a constantly updated and constantly re-ordered picture of everything that the subject has ever relegated from being, so that it can be replaced by something else. The foundation of this order is a certain axiology. In the third part I show how the sketched concept of memory is used to describe the mechanism of the evolution of philosophical thought. The “on the way” philosophy would consist of two constantly repeated activities: on reconstructing what is to be denied, and thus on the recognition of the previous philosophical achievements in its totality, and on its negation. This denial would concern the whole of this achievement as an axiologically reconstructed unity. The new system is only realized as a series of consequences of the negation of the current state. The vast majority of philosophical reflection focuses on the constitution of this current state, its supposed unity. In the short part of the fourth, I draw up prospects for further deliberations. (shrink)

The book is devoted to the thought of one of the 20th century's most interesting philosophers of religion. Heschel, a traditional Polish Jew who became a modern thinker, was also an impressive prophet of interreligious dialogue.

While the question of whether selected-effects accounts of function or causal-role accounts of function provide the ‘true' functional analysis has given way to a general pluralistic consensus, Philip Kitcher has suggested that different functional accounts allow for unification. I argue that Kitcher's attempt to unify the two functional analyses fails because he adopts the environment-centered perspective on selection as a premise. The premise is undermined by the role niche construction is likely to play in the context of evolution. Moreover, I (...) raise the tentative suggestion that niche construction may threaten the applicability, or at least the relevance, of selected-effects ascriptions. *Received October 2009; revised May 2010. †To contact the author, please write to: Institut für Philosophie Fakultät für Philosophie und Bildungswissenschaft, Universität Wien, Universitätsstraße 7 1010 Wien, Austria; e-mail: Adela.Roszkowski@univie.ac.at. (shrink)

Artykuł przedstawia stosunek Archimedesa z Syrakuz do problemu wielkości przekraczających możliwości wyrażania ich za pomocą danego systemu liczbowego. Analiza proponowanych przez matematyka z Syrakuz rozstrzygnięć poprzedzona została uwagami na temat problemów związanych z greckimi systemami notacji poprzedzającymi prace Archimedesa.

Stosunek polskiej filozofii katolickiej do Augusta Cieszkowskiego był ambiwalentny. Z jednej strony, uważano go za wybitnego filozofa polskiego, żarliwie religijnego i inspirowanego tradycją chrześcijańską, z drugiej strony, jego myśl budziła liczne zastrzeżenia doktrynalne (ewolucyjna perspektywa religii, możliwość realizacji Królestwa Bożego na ziemi, wątki panteizujące, ograniczanie wolnej woli, uzurpowanie sobie prawa do absolutyzmu poznawczego, jeśli chodzi o "Boże plany", uznanie Boga przed stworzeniem świata za nierozwiniętą jeszcze Możność, "elitarna" koncepcja nieśmiertelności jednostkowej za zasługi). Z dzisiejszej perspektywy filozofia Cieszkowskiego budzi opór ze (...) względu na próbę "totalizacji" rzeczywistości i eksponowanie utopijnego modelu ustroju teokratycznego. (shrink)

Polish conservative thinker Władysław Leopold Jaworski developed an interest for the theories of Austrian philosopher Othmar Spann. Both accepted universalism, both also believed that universalism was inspired by romantic tradition, although Spann sought its roots much further back in history, even as far as Aristotle. Both authors staunchly criticized modern-day individualism and liberalism, which they considered fatal. In their opinion individualism and liberalism upset the primacy of totality in social thought, which led to multiple pathologies. Despite their accentuation of totality, (...) both philosophers displayed very decided anti-totalitarian convictions typical for many conservatives. (shrink)

The purpose of the essay is to critically analyze the influence of J. Derrida’s deconstruction on David J. Gunkel’s book Deconstruction (MIT Press 2021). Gunkel’s handbook is aimed at making deconstruction a tool of critical thinking accessible to non-professionals. It turns out that accomplishing this task comes at the expense of precisely the critical potential of deconstruction itself. Gunkel is well aware that his arguments are sometimes superficial and overlook deeper problems that should be addressed. Such a failure takes the (...) form of a fetishistic denial, which in psychoanalysis is summarized by the formula “I know well, but all the same.” In turn, deconstruction itself, insofar as it is separated from Kant’s transcendental philosophy and Hegel’s dialectics, becomes an academic ideology. Restoring its proper subversive potential can only be done by returning to a philosophy of reflection, in which the thinker himself must ultimately consider his own position as an author and bring it under criticism. This is the path that Gunkel avoids, because he could then no longer be the author of a handbook on deconstruction, rather than someone who practices deconstruction. -------------------------- Received: 4/11/2022. Reviewed: 13/12/2022. Accepted: 20/12/2022. (shrink)

Decision-making is a complex action requiring efficient information processing. Specifically, in movement in which performance efficiency depends on reaction time, e.g., open-loop controlled movements, these processes may play a crucial role. Information processing includes three distinct stages, stimulus identification, response selection, and response programming. Mainly, response selection may play a substantial contribution to the reaction time and appropriate decision making. The duration of this stage depends on the number of possible choices an individual has to “screen” to make a proper (...) decision. Given that reaction time is crucial in many sports, the possibilities of reducing it through practice are very tempting. The information processing and its relationship to the manner an individual is practicing are discussed. Especially the variability of practice issues will be explored. In variable practice conditions, an individual has to react to one or more stimuli and has to produce one of the many variations of the same movement or different movements they learned. One has to identify a stimulus appropriately and has to select a response optimally, i.e., choosing from as few choices as possible to reduce the reaction time. On the other hand, in constant practice conditions, an individual can be exposed to one or many stimuli. Still, there is only one variation of the movement that can be executed in the presence of a learned stimulus. Based on the information processing theory and the results of the research focusing on variability of practice, I discuss how the practice conditions may affect reaction time and, as a result, the decision-making process. I conceptually frame the possible implications of practice conditions on decision making related to information processing. In this review, a possible mechanism and relationship between practice conditions and decision-making are presented. Future research directions are presented. (shrink)

The Cognitive Science of Religion represents a contemporary attempt at a naturalistic explanation of religion. There is debate as to whether its account of how religious beliefs arise is reconcilable with the religious account, which holds that religious beliefs are caused by God. In my paper, I argue that these two accounts cannot be reconciled when it comes to the specific question of how Christian religious beliefs arise if one accepts an important theological doctrine of the supernaturality of Christian belief. (...) This doctrine implies that there can be no natural explanation for how Christian beliefs arise because they are a gift of divine grace. This leads to a conundrum for Christian theists: they can either reject the CSR account of how their religious beliefs arise, or they can reject the supernaturality of Christian belief. I argue that the latter is preferable. I then draw on the work of the theologian Denis Edwards to illustrate how one can drop this doctrine without abandoning some other fundamental tenets of Christian theology. (shrink)