The book discusses a democratic legitimation for modern law. Debates on Europeanisation are taken into account. Ronald Dworkin's, Neil MacCormick's and Jürgen Habermas's standpoints on relations between the law and the public sphere are investigated. Concepts of self-reflexive polity, self-constitutionalisation, constitutional patriotism are analysed.

In the original publication of the article, the paragraph beginning “We begin with two steps or lawyers…” should read as “We begin with two steps or layers privileging jurisdictio as potestas.

The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems’ nature are taken into account.

Zsfassung der Beitr. in engl. Sprache. - Engl. Zsfassung u.d.T.: On Friedrich Nietzsche's philosophy.

Randomised placebo-controlled trials (RPCTs) are the gold standard for evaluating novel treatments. However, this design is rarely used in the context of orthopaedic interventions where participants are assigned to a real or placebo surgery. The present study examines attitudes towards RPCTs for orthopaedic surgery among 687 orthopaedic surgeons across the USA. When presented with a vignette describing an RPCT for orthopaedic surgery, 52.3% of participants viewed it as ‘completely’ or ‘mostly’ unethical. Participants were also asked to rank-order the value of (...) five different types of evidence supporting the efficacy of a surgery, ranging from RPCT to an anecdotal report. Responses regarding RPCTs were polarised with 26.4% viewing it as the least valuable (even less valuable than an anecdote) and 35.7.% viewing it as the most valuable. Where equipoise exists, if we want to subject orthopaedic surgeries to the highest standard of evidence (RPCTs) before they are implemented in clinical practice, it will be necessary to educate physicians on the value and ethics of placebo surgery control conditions. Otherwise, invasive procedures may be performed without any benefits beyond possible placebo effects. (shrink)

At the end of the nineteenth century, the main source of information about the city of Łódź were not local periodicals (as there were no such publications), but correspondence printed in Warsaw papers. Apart from regular reports, m years 1898 and 1899, in one of leading Warsaw daily papers, Kurier Warszawski, there appeared a series of articles under the title “Znasz-li ten kraj?” signed by Antoni Sygietyński. It was the aftermath of the writer’s visit in Łódź (as it was noticed (...) in Goniec Łódzki, Sygietyński arrived in the city on 3rd of December 1889). The reports concerning the life of the textile city appeared in six issues of Kurier Warszawski, dated from 5th, 6th, 15th and 17th of December 1989 and from 6th and 8th of January in the next year. The author of Na skałach Calvados underlined that the title of the series is not unintentional, because Łódź, according to him, was a fully developed city, which had vast contacts with other regions of the world (Russia, Far East, South and North America) rather than with the rest of Polish cities. The writer compares Łódź to a mushroom, which develops rapidly in favourable conditions, whereas in unfavourable circumstances it becomes a latent form of life. Sygietyński underlines also that the city’s growth and organization reminds an American model. The writer attempts to change a stereotypical opinions about the city, mainly concerning its rapid development of industry, huge number of inhabitants or a triplenational character of the textile metropolis. The author aims at acknowledging a true Lodzermensch, he scrutinizes the cultural life of the city. During his visit in Łódź Sygietyński took part in the opening night of Hauptman’s Dwór zatopiony, and in Christmas party in a catholic shelter for children. The meeting with the youngest citizens gave an opportunity for a closer examination of the conditions they lived in as well as of the financial straits their caretaker, Father Szmidel, was facing. The experience triggered an idea of a charity concert, which Sygietyński decided to organize in Łódź The income was donated for modernization of the shelter. The concert was organized on 25th of March 1899 with the participation of the most famous Warsaw artists (Kruszelnik Borcewicz, Michałowski, Wierzbiłowicz, Trenkiel). Such was the social and cultural scale of the event that it was reported in a number of newspapers. Głos underlined Sygietyński’s input into organization by describing him as „a moral impresario of the show”. The author of Wysadzony z siodla while organizing the concert had two main aims: first - to collect money for the shelter, and the second - to arouse a passion for art among the citizens of Łódź. (shrink)

Celem artykułu jest pokazanie, jak na łódzki folklor miejski i kulturę popularną wpływały głośne zbrodnie dwudziestolecia. Analiza tematu pokazuje, że chętnie sięgano i inspirowano się bieżącymi wydarzeniami, o których pisała łódzka prasa. W ten sposób do drukowanych na łamach miejscowych dzienników powieści popularnych i piosenek śpiewanych na łódzkich podwórkach docierały wątki nawiązujące m.in. do głośnych zbrodni czy skandali obyczajowych. Analiza tekstów piosenek dowodzi, że „przetwarzały” one materiał prasowy, czyniąc go dostępnym nawet dla niepiśmiennych mieszkańców. Omówione piosenki wpisują się w schemat (...) popularnych pieśni nowiniarskich, powtarzając charakterystyczne wzorce konstrukcyjne, sposoby kreacji bohaterów. Kanwą dla wyśpiewywanych treści były przestępstwa, którym towarzyszyły procesy sądowe, szczegółowo relacjonowane na łamach prasy i będące tematem rozmów łodzian. Stąd już tylko krok do tego, by Zajdlowa, Łaniucha czy Ślepy Maks stali się bohaterami piosenek śpiewanych na łódzkich podwórkach. (shrink)

The nonlinear σ-model with vector mesons introduced as gauge bosons and an interacting chiral quark sector depicts the nucleon as a topological soliton embedded in a chiral condensate. High-energy elastic pp and ¯pp scattering data from CERN ISR and SPS Collider appear to provide strong evidence in favor of this nucleon structure.

One antidote to moral distress is stronger moral agency—that is, an enhanced ability to act to bring about change. The Clinical Ethics Residency for Nurses, an educational program developed and run in two large northeastern academic medical centers with funding from the Health Resources and Services Administration, intended to strengthen nurses’ moral agency. Drawing on Improving Competencies in Clinical Ethics Consultation: An Education Guide, by the American Society for Bioethics and Humanities, and on the goals of the nursing profession, (...) class='Hi'>CERN sought to change attitudes, increase knowledge, and develop skills to act on one's knowledge. One of the key insights the faculty members brought to the design of this program is that knowledge of clinical ethics is not enough to develop moral agency. In addition to lecture‐style classes, CERN employed a variety of methods based in adult learning theory, such as active application of ethics knowledge to patient scenarios in classroom discussion, simulation, and the clinical practicum. Overwhelmingly, the feedback from the participants (sixty‐seven over three years of the program) indicated that CERN achieved transformative learning. (shrink)

In virtually all the developed countries of the Western world, people are living longer and reproducing less. At the same time, costs for the care of the elderly and infirm continue to rise dramatically. Given these facts, it should come as no surprise that we are experi encing an ever-increasing concern with questions relating to the proper care and treatment of the aged. What responsibilities do soci eties have to their aging citizens? What duties, if any, do grown chil dren (...) owe their parents? What markers should we use to determine one's status as "elderly"? Does treatment of pain in aged patients present special medical and/or moral problems? How can the com peting claims of autonomy and optimal medical care be reconciled for elderly persons who require assisted living? When, if ever, should severely demented patients be included in nontherapeutic clinical tri als? These questions, and others of similar interest to those con cerned with the proper treatment of the aged, are discussed in depth in the articles included in this text. The essays in this volume of Biomedical Ethics Reviews fall loosely into two broad categories. The first four articles-those con tributed by Sheila M. Neysmith, Allyson Robichaud, Jennifer Jackson, and Susan McCarthy-raise general questions concerning the propri ety of Western society'S current mechanisms for dealing with and treat ing elderly citizens. The remaining four articles-those by Simon Woods and Max Elstein, Marshall B. (shrink)

In this column, however, I'm not going to talk about my own experiment here, but about CERN's fast-track plans for building a new and more powerful particle accelerator, the Large Hadronic Collider or LHC. The LHC is to come into operation around 1999. It is the principal competition for the SSC, the huge U. S. accelerator presently under construction in and around Waxahachie, Texas. [See my AV column "The Coming of the SSC", Analog March, 1988 for a description of (...) that project.]. (shrink)

The paper is an attempt to consider the issue that so far has not been discussed frequently in the Polish philological current. It focuses on the endings of 18 selected articles in the field of literary studies. Authors of textbooks on academic discourse argue that it is the ending that plays a fundamental role in the scientific discourse as a concluding, summarising, and potentially memorable part. This approach to a conclusion is often shared by scholars themselves, who choose different strategies (...) with regard to endings of their articles. When studying articles published in the period of 2015‒2019, we identified about 15 different ending strategies, e.g. an apologia for a literary work selected by an author, suggestions for further research possibilities, an attractive punch line, and an quotation from another paper. As the analysis reveals, the conclusion of an academic article is not only a place for introducing conventional rhetorical figures; it also becomes the researchers’ contribution to the understanding of the role ascribed by literary-studies scholars to their own scientific practice. (shrink)

The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal-philosophical questions in (new) experimental ways by drawing normative implications from (...) empirical data: such implications are value-driven, depend on explanations of empirical findings and vary across legal systems. (shrink)

This essay is about the role of visual surveillance technologies in the policing of the external borders of the European Union. Based on an analysis of documents published by EU institutions and independent organizations, I argue that these technological innovations fundamentally alter the nature of national borders. I discuss how new technologies of vision are deployed to transcend the physical limits of territories. In the last twenty years, EU member states and institutions have increasingly relied on various forms of remote (...) tracking, including the use of drones for the purposes of monitoring frontier zones. In combination with other facets of the EU border management regime, these technologies coalesce into a system of governance that has enabled intervention into neighboring territories and territorial waters of other states to track and target migrants for interception in the “prefrontier.” For jurisdictional reasons, this practice effectively precludes the enforcement of legal human rights obligations, which European states might otherwise have with regard to these persons. This article argues that this technologically mediated expansion of vision has become a key feature of post–cold war governance of borders in Europe. The concept of transterritory is proposed to capture its effects. (shrink)

We live in an era when increasing numbers of babies are conceived through assisted reproduction technologies (ART). Using a comprehensive approach, the present research seeks to contribute to the understanding of gender differences in experiencing and coping with infertility, and in dealing with ART treatment. Our sample consisted of 10 heterosexual couples aged 24 to 43 and the data were collected through semi-structured interviews. In the studied sample, gender differences existed not only in experiences of infertility, but also in understanding (...) it, and in dealing with ART treatment. Responses to stress caused by infertility were stronger in women and they also perceived this stress more intensely than men. For women the central aspect of infertility was the desire for a child, while for men it was perceived more as a socially imposed obligation to fulfill the male role. (shrink)

The paper analyzes the collection of the Northern Irish poet Frank Ormsby entitled A Northern Spring published in 1986. On the basis of selected poems, the author of this paper aims to examine the poet’s reflections about World War II, the lives of the soldiers, and the things that remain after a military combat, which are both physical and illusive. The poems included in the volume present the author’s reflections upon the senselessness of war and dying, short lives of the (...) soldiers, the awareness of their own meaninglessness in comparison to the broader picture, and the contradictory and desperate need to be remembered nevertheless. They also show what is left of the soldiers and the war, as well as how life goes on, with or without them. (shrink)

This collection addresses a post-WWII shift in the hierarchy of scientific explanations, where the highest goal moves from reductionism towards some ...

The article proposes a new solution to the long-standing problem of the universality of essences in Spinoza's ontology. It argues that, according to Spinoza, particular things in nature possess unique essences, but that these essences coexist with more general, mind-dependent species-essences, constructed by finite minds on the basis of similarities that obtain among the properties of formally-real particulars. This account provides the best fit both with the textual evidence and with Spinoza's other metaphysical and epistemological commitments. The article offers new (...) readings of how Spinoza understands not just the nature of essence, but also the nature of being, reason, striving, definitions, and different kinds of knowledge. (shrink)

The emotion of disgust is suggested to be an adaptation that evolved to keep us away from sources of infection. Therefore, individuals from populations with greater pathogen stress should have a greater disgust sensitivity. However, current evidence for a positive relationship between disgust sensitivity and the intensity of infectious diseases in the environment is limited. We tested whether disgust and contamination sensitivity changed in response to the COVID-19 pandemic. Disgust was assessed in 984 women in 2017 and 633 women in (...) 2020 by a set of photographs depicting sources of infection and Pathogen and Moral of Three-Domain Disgust Scale. Further, contamination sensitivity among participants in two waves was measured by Contamination Obsessions and Washing Compulsions Subscale of Padua Inventory. State anxiety was measured with the Polish adaptation of the State-Trait Anxiety Inventory only during the second wave of data collection. Women from the COVID-19 pandemic group assessed the photographs depicting sources of infection as more disgusting, scoring higher on Padua Inventory, but lower on Moral Disgust Domain as compared to women from before the pandemic. In addition, anxiety levels during pandemic positively correlated with scores from Pathogen Disgust Domain, Padua Inventory, and the ratings of the photographs. The participants of the study scored higher in state anxiety than the norms determined for the Polish population. Summarizing, we present evidence for differences in individual levels of disgust sensitivity in relation to pathogen stress, supporting the idea that disgust evolved to serve as protection from pathogens. (shrink)

The article is devoted to the problem of work-life balance. Nowadays more and more benefits is being perceived that stem from implementation of the industrial culture based on balance between work and life. On the other hand there are various limitations which in some cases hinder. One of such barriers lays in the process of communication. Moreover, the article discuss the process of gaining competitive advantage on the ground of the idea of work-family balance. The idea seems to be positive (...) especially for the employees, organisation and even the whole society, since it can prevent the phenomenon of professional burnout. It also helps to maintain the most efficient and the best among the employees, who are intentionally aimed at achieving their goals in professional and personal life. The work- -family balance programmes can make a positive impact on the firm’s reputation and its perception by potential employees. The pregnant women and young parents are presented as a group most interested in those flexible solutions and the programmes prepared for them in LG Electronics, IBM, Decora SA, IKEA, BZ WBK, Volkswagen Motor Polska are examined. (shrink)

Success in economic life is a result of the interaction of many factors, which in different ways are developed from the individual characteristics of the person, a specific way of thinking and the ability to perceive oneself in the future. At the same time, more and more attention is focused on the influence of the entrepreneurial characteristics of individuals on their career development and career building process. The impact of personal experience on the perception of individual chances on the labour (...) market is also emphasized. The purpose of this paper is, therefore, to identify the differences in enterprising attitudes of students of the humanities and students of economics, as well as compare the characteristics of entrepreneurial abilities between both student groups on the basis of empirical research conducted among students at the University of Lodz. (shrink)

The aim of the paper is to reconsider Habermas’ discourse approach in terms of its usefulness in the realm of public healthcare where, on a microscale, intersubjective communicative situations arise between defined participants, i.e., patients and healthcare providers, patients’ family members, and further eligible contributors to patient-related decision making. A need for more “communicative interaction,” and explicative and practical discourse, is illustrated by two empirical examples of medical decision making which reveal both communicative and discursive deficits. To empower and enable (...) the patient as a rational and autonomous speaker and discourse participant, a Habermasian emancipatory argument and ‘the power of the better argument’ is recalled. The possibility of equal communicative and discursive rights in the light of real inequalities is discussed in the context of a ‘competence gap’ between participants. Further sections focus on the importance of informed consent on the side of the patient and the communicative competences as an important factor of healthcare system. (shrink)

Novel precision oncology trial designs, such as basket and umbrella trials, are designed to test new anticancer agents in more effective and affordable ways. However, they present some ethical concerns referred to scientific validity, risk-benefit balance and informed consent. Our aim is to discuss these issues in basket and umbrella trials, giving examples of two ongoing cancer trials: NCI-MATCH (National Cancer Institute – Molecular Analysis for Therapy Choice) and Lung-MAP (Lung Cancer Master Protocol) study. We discuss three ethical requirements for (...) clinical trials which may be challenged in basket and umbrella trial designs. Firstly, we consider scientific validity. Thanks to the new trial designs, patients with rare malignancies have the opportunity to be enrolled and benefit from the trial, but due to insufficient accrual, the trial may generate clinically insignificant findings. Inadequate sample size in study arms and the use of surrogate endpoints may result in a drug approval without confirmed efficacy. Moreover, complexity, limited quality and availability of tumor samples may not only introduce bias and result in unreliable and unrepresentative findings, but also can potentially harm patients and assign them to an inappropriate therapy arm. Secondly, we refer to benefits and risks. Novel clinical trials can gain important knowledge on the variety of tumors, which can be used in future trials to develop effective therapies. However, they offer limited direct benefits to patients. All potential participants must wait about 2 weeks for the results of the genetic screening, which may be stressful and produce anxiety. The enrollment of patients whose tumors harbor multiple mutations in treatments matching a single mutation may be controversial. As to informed consent – the third requirement we discuss, the excessive use of phrases like “personalized medicine”, “tailored therapy” or “precision oncology” might be misleading and cause personal convictions that the study protocol is designed to fulfill the individual health-related needs of participants. We suggest that further approaches should be implemented to enhance scientific validity, reduce misunderstandings and risks, thus maximizing the benefits to society and to trial participants. (shrink)

Along with the rapid growth that the field of assisted reproduction has experienced over the last few years, numerous ethical issues have arisen and need to be discussed thoroughly. One of them is the limitation of access to assisted reproduction techniques. Because no one should be discriminated against, it is essential to substantiate every single refusal of access carefully. The criterion of welfare of the child is used most frequently. In this paper, we propose a thought experiment aiming at contributing (...) to the discussion by demonstrating that this criterion, even in its strictest form, can easily allow access to assisted reproduction for legal persons as well. (shrink)

The article proposes a new solution to the long-standing problem of the universality of essences in Spinoza's ontology. It argues that, according to Spinoza, particular things in nature possess unique essences, but that these essences coexist with more general, mind-dependent species-essences, constructed by finite minds on the basis of similarities that obtain among the properties of formally-real particulars. This account provides the best fit both with the textual evidence and with Spinoza's other metaphysical and epistemological commitments. The article offers new (...) readings of how Spinoza understands not just the nature of essence, but also the nature of being, reason, striving, definitions, and different kinds of knowledge. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 97 Heft: 2 Seiten: 196-233.

Explicit and implicit values of polish grandmothers and their granddaughters The authors tried to determine if and to what extent maternal granddaughters share the explicit and implicit values of their grandmothers. 80 grandmothers-granddaughter dyads were surveyed using Schwartz' SVS and Mudyń's RN-02, an instrument assigned to identify "ontological orientations". The results indicate that: 1) grandmothers differ significantly from granddaughters in all ontological orientations, especially in Theoretical and Religious orientation, 2) they differ also in personal values, except for Universalism and Power, (...) 3) regression analysis revealed two decisive factors which determine convergence of ontological orientations and values in grandmother-granddaughter dyads, i.e. and level of education and attitudes toward religion. It may mean that these are the two important transmitters of world view as well as personal values. (shrink)

Zrozumienie i zastosowanie zasad projektowania graficznego w plakacie naukowym może dostarczyć korzyści praktycznych, takich jak przyciągnięcie i utrzymanie uwagi odbiorców, a także korzyści merytorycznych, czyli pomocy w komunikowaniu treści. Te drugie opierają się między innymi na koncepcji wizualnej gramatyki (opisanej przez Kress i Van Leeuwen [2006] i zastosowanej do analizy plakatu naukowego przez D’Angelo [2010]), wedle której elementy wizualne przekazują znaczenie w sposób podobny do języka, i tak jak język posiadają swoją gramatykę: zasady ich zastosowania i prezentacji, które mają wpływ (...) na wyrażany przez nie sens. Poster pokazuje zastosowanie wizualnej gramatyki w plakacie naukowym na przykładzie jednego z elementów wizualnych plakatu, który często jest niedoceniany: pustej przestrzeni. (shrink)

For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to pre-revolutionary moral (...) and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (shrink)

The paper examines a relatively neglected element of Spinoza's theory of mind-body relations: the intentional relation between human minds and bodies, which for Spinoza constitutes their “union”. Prima facie textual evidence suggests, and many readers agree, that because for Spinoza human minds are essentially ideas of bodies, Spinoza is also committed to an ontological and explanatory dependence of certain properties of human minds on properties of bodies, and thus to a version of materialism. The paper argues that such dependence would (...) contradict Spinoza's key epistemological commitments, including the explanatory closure of mental and physical realms, and Spinoza’s claim that all knowledge is knowledge of a thing's causes. The paper argues that Spinoza's dual-reality theory of representation allows us to interpret the intentional relation between human minds and bodies in a way that does not commit Spinoza to a problematic dependence of minds on bodies. This is possible if we take Spinoza's references to properties of bodies in his account of the human mind as references to objectively real bodies, that is as references to the immanent representational content of human minds. (shrink)