The paper provides an analysis of the relationship between the concepts of justice and solidarity. The point of departure of the analysis is Ruud ter Meulen’s claim that these concepts are different but mutually complementary, i.e. are two sides of the same coin. In the paper two alternative accounts of the relationship are proposed. According to the first one, solidarity can be defined in terms of justice, i.e. is a special variety of liberal justice, viz. social liberal justice, which, apart (...) from the value of liberty, also stresses the importance of the value of equality. An example of such a theory is Rawls’s theory of justice, within which the value of equality is ‘encoded’ in the principle of fair equality of opportunity and in the difference principle. According to the second account, solidarity is an expression of a special type of social relationships – the so-called ‘thick relationships’, which are non-superficial, positive, their paradigmatic examples being family and friendship; in other words, the rules of solidarity are rules that are built into ‘thick relationships’. On the first account, justice and solidarity are not different, while on the second account they are different but mutually exclusive rather than mutually complementary. In the last part of the paper some remarks on the social causes of solidarity are made. (shrink)

Polskie przepisy prawne formułujące warunki dopuszczalności eksperymentu medycznego, a więc ipso facto wyznaczające jego granice, można różnorako interpretować, zwłaszcza w tym zakresie, w jakim określają wymagany dla przeprowadzenia eksperymentu bilans związanych z nim możliwych korzyści i szkód. W artykułach prawniczych komentujących te przepisy w zasadzie jednak brak prób systematycznego i (na tyle, na ile pozwala na to sam przedmiot analizy) ścisłego wyróżnienia tych interpretacji w języku tzw. teorii racjonalnego wyboru (rational choice theory), teorii szczególnie przydatnej w tym kontekście z uwagi (...) na jej rozbudowany aparat pojęciowy pozwalający badać różnorakie konfiguracje relacji między costs i benefits. Artykuł próbuje wypełnić tę lukę: wyróżnione w nim zostały różne interpretacje przepisów prawnych określających warunki dopuszczalności eksperymentu medycznego; interpretacje te zostały również poddane ocenie. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

Liberal democracy is often considered to be unstable, consisting of two markedly different ideals that remain in tension. Yet the thesis regarding the alleged insta...

The paper provides an analysis of the impact of negative emotions on decision-making processes. It questions the common-sense view that negative emotions diminish rationality of decisions, i.e., increase the probability of making suboptimal choices. It is argued in the paper that this view is untenable on the grounds of neuroscience, cognitive science and evolutionary theory: the results provided by these sciences support the view that negative emotions in most instances of their occurrence, i.e. types of negative emotions, not only fail (...) to undermine rationality of decision-making but substantially contribute to it. This does mean saying that token-negative emotions never undermine rationality of decision-making. But, as is argued in the paper, the fact that token-negative emotions may have sometimes this kind of negative effect is fully consistent with the claim that, as a rule, the effect is positive, so that one can speak about the causal connection between types of negative emotion and rational decision-making. (shrink)

Game theory is a mathematical theory of strategic interactions between rational agents. With much success, it has been widely applied in various areas of the social sciences, especially economics and sociology. However, it has been relatively and rarely used in the analyses pursued in legal theory and legal dogmatics. The present collection fills this gap and discusses game theory as a useful tool for legal scholars in solving the various problems of legal philosophy or legal dogmatics. It also includes two (...) skeptical voices regarding the applicability of game theory in legal analysis. The book will be useful for scholars in the field of legal theory, as well as for philosophers and economists. (shrink)

Evolutionary psychology offers a fairly ‘patriarchal’ picture of sex differences, according to which men are, ‘by nature’, much more polygamously disposed, much more desirous of power over the opposite sex, and much more aggressive than women. However, the picture – at least in its components and – becomes problematic if one looks at the history of conceptions of paternity accepted by our ancestors. It is argued in the paper that the very fact that our ancestors accepted various and essentially different (...) conceptions of paternity casts a shadow of doubt on the ‘patriarchal’ picture of sex differences. (shrink)

Game theory is a branch of mathematics that studies strategic interactions, i.e., interactions which involve more than one agent and in which each agent makes her/his decision while striving to predict the decisions of other agents. Game theory has been successfully applied in many areas of both the natural and social sciences, and it is the belief of this book's author that it can also be gainfully invoked in the area of legal philosophy. In this book, Wojciech Zaluski analyzes legal-philosophical (...) concepts - such as legal interpretation, justice, legal rights, contract law, tort law, and property law - through the lens of game theory. The book appeals mainly to game theory's conceptual rather than the technical side, and intertwines game-theoretical analysis with the philosophical. It will be accessible to a wider circle of readers interested in legal and moral philosophy. (shrink)

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.

The goal of this paper is to formulate several observations on the psychological relations between vita contemplativa and vita activa which manifest in the context of the two following problems: what basic psychological mechanisms may propel an agent to forsake one type of life for the sake of another; and what effect an agent’s deep involvement in VC may have for his attitude towards VA as well as for his manner of pursuing VA. In the paper, the distinction is made (...) between VC in the strong sense and VC in the weak sense, and it is argued, among others, that the two features of VC in the strong sense—selflessness and otherworldliness—make VC a desirable complement of VA : the involvement in the public sphere motivated by VA is likely to be not only more effective, but also more durable than the involvement propelled by disappointment with the private VA. Therefore, human beings should not be thought of as divided into two rarely interpermeating categories namely those who are ‘psychologically destined’ for VC and those who are ‘psychologically destined’ for VA. Rather, the opposite seems to be true, namely that there exist strong motivational links in the direction from VC to VA. (shrink)