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 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)

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)

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)

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 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 article is an introduction to the issue of Polish literature written in Germany after 1989. The first part of the work focuses around the current literary discussions on defining and developing the terminology and methods enabling research into this new literature – written abroad after the fall of the Iron Curtain. Post­-emigration literature, migration literature, minority literature, multi­-, inter­-, trans­-cultural and diasporic literature – these are only a few of the suggested terms. The second part of the article refers (...) to the works of selected representatives of Polish literature written after 1989 and the issues they discuss in their works. The purpose of the article is to briefly present the complexity of an important problem in the views of Polish, German and Slavic philologists. At the same time, it aims to show that study of the phenomenon in question is still insufficient. (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.

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)

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)

Over the past two decades, ethical challenges related to robotics technologies have gained increasing interest among different research and non-academic communities, in particular through the field of roboethics. While the reasons to address roboethics are clear, why not to engage with ethics needs to be better understood. This paper focuses on a limited or lacking engagement with ethics that takes place within some parts of the robotics community and its implications for the conceptualisation of the human being. The underlying assumption (...) is that the term ‘ethical’ essentially means ‘human’. Thus, this paper discusses a working hypothesis according to which by avoiding to engage with roboethics, roboticists contribute to the tacit dehumanisation process emerging in and outside of robotics. An alternative approach includes ‘lived ethics’ which involves not only incorporating formal ethical approaches into the roboticists’ work but also ‘being’ ethical and actually engaging with ethical reflection and practice. (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)

The article explores the idea that according to Spinoza finite thought and substantial thought represent reality in different ways. It challenges “acosmic” readings of Spinoza's metaphysics, put forth by readers like Hegel, according to which only an infinite, undifferentiated substance genuinely exists, and all representations of finite things are illusory. Such representations essentially involve negation with respect to a more general kind. The article shows that several common responses to the charge of acosmism fail. It then argues that we must (...) distinguish the well-founded ideality of representations of finite things from mere illusoriness, insofar as for Spinoza we can have true knowledge of what is known only abstractly. Finite things can be seen as well-founded beings of reason. The article also proposes that within Spinoza's framework it is possible to represent a finite thing without drawing on representations of mind-dependent entities. (shrink)

According to the Principle of Conditional Non-Contradiction (CNC), conditionals of the form “If p, q” and “If p, not q” cannot both be true, unless p is inconsistent. This principle is widely regarded as an adequacy constraint on any semantics that attributes truth conditions to conditionals. Gibbard has presented an example of a pair of conditionals that, in the context he describes, appear to violate CNC. He concluded from this that conditionals lack truth conditions. We argue that this conclusion is (...) rash by proposing a new diagnosis of what is going on in Gibbard’s argument. We also provide empirical evidence in support of our proposal. (shrink)

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

Due to the growing importance of local pro-development attitudes and non-governmental organizations for development, it is important to look at their activities in different subregions. In this work the author presents the results of research carried out in the Leszno subregion on the presence of elements of social capital, the organizational and financial sustainability of NGOs, and their cooperation with public administration in the context of their impact on local development. In addition, through a comparative analysis of selected issues, it (...) recalls the good practices of NGOs in Switzerland which, because of the long tradition of their operation and the experience gained, can also be used in Polish settings. (shrink)

This article examines the historical background, proliferation, and later internationalization of public declarations of forgiveness and remorse, first made in Europe a few decades after the end World War II. The author suggests that these declarations should be understood as a political practice, and bases her claim on three premises: after 1945, politicians began apologizing not only for their own crimes but mainly for those perpetrated by the communities they represented; these declarations implied a tacit acceptance of responsibility of both (...) the group that declares its remorse and of the group that accepts and possibly forgives the former for its past crimes; apart from representing a shared collective moral responsibility, declarations of forgiveness and remorse imply the continuity of a nation. These three premises apply if declarations of forgiveness and remorse are not banal and conventional, but function as a political ritual. The au... (shrink)

The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts. These results will concern the participation of non-professional participants of a trial and the ways in which they deal with the communication process in the courtroom. The article presents the results of the analysis of the research material conducted in accordance with the detailed research questions and analytical categories. The analysis has especially shown that: (...) (1) the non-professional participants used some legal terminology, but the statements without legal terminology were also communicatively effective; (2) the level of activity of non-professional participants related to participation at the trial varied depending on what the activity concerned; the activity in asking questions to the presiding judges regarding legal issues and the course of the court proceedings appeared to be significant; (3) the non-professional participants’ had a real and significant problem with asking questions during the examination (the proper realization of this element of the trial); (4) the statements of the non-professional participants of a trial were very protective; they used many different “linguistic means of protection” (e.g., acts of supposition or acts of doubt) which are connected with the obligation to tell the truth, the prohibition of concealing the truth and giving false testimony during examination; (5) the non-professional participants of a trial reach for adequate argumentative acts, which are suitable for influencing the perception of specific events or persons, and they strengthen their statements by using appropriate linguistic means of persuasion. (shrink)

The subject of interest of this article is procedural acts considered as double-conventionalized acts. It is assumed in this article that in the case of procedural acts, one can distinguish two levels of conventionalization: the level of a speech act and the level of a procedural act. Both above-mentioned levels affect each other in various ways, what is discussed in the article. As assumed in the article, the analysis of acts characterized by this particular trait and with due account of (...) this trait allows one to observe phenomena that can be hard or even impossible to notice in the process of analyzing acts that are deprived of this trait. Furthermore, it seems that the description of this type of acts may particularly enrich the current discussion on some properties of speech acts held on the grounds of philosophy of language or pragmalinguistics. The research material used in this article as an illustration consists of actual utterances of participants of Polish court proceedings used by them at a hearing. (shrink)