The thesis of this article is that the just war theory must be reformulated in such a way that it can be applied to new types of wars. Today, there has been a theoretical shift when discussing the nature of war, encompassing both a change in language and a practical shift. The theoretical shift has brought about a crisis regarding the idea of sovereignty as the notion that orders both internal and international relations. Consequently, other concepts related to the theme (...) of sovereignty have lost their relevance. On the other hand, due to the practical shift, war has been redefined as “a new type of war”. War has become a not entirely overt confrontation of forces supported by various, not always explicit sides in the conflict. The legal aspects of war, responsibility for war and future visions of peace cannot be considered without a sovereign power, a political community and a hierarchy. To date, the just war theory has been the basis of international law concerning war. Contemporary international relations and armed conflicts cannot be governed by the laws of war and ordered by the just war theory. An alternative is therefore emerging: the basis of martial law can be discarded or the just war theory can be reformulated. However, it must be reformulated in such a way that it takes into account the changes that have occurred with respect to sovereignty and forms of political community. (shrink)

The theory of political culture was presented by two well-known scientists, Gabriel Almond and Sidney Verba. They outlined three pure types of political culture that can be combined to create civic culture. They argued that we are in transition toward a more universalistic political culture, which may be characterized by unification and participation. The thesis of this paper is that we observe a return of the category of political culture in philosophical and normative, rather than in sociological and descriptive, terms. (...) A well-known political philosopher, John Rawls, created a model of liberal political culture. Other modern scholars also suggested that education and political culture are the keys to establishing the institutional forms of liberal democracy. The difference between the recent understanding of political culture and that presented by Almond and Verba in the 1970s is vivid and important. In the 1970s, political culture was perceived in sociological terms – as a historically shaped set of attitudes and practices which can be described by using quantitative and qualitative tools. Today, political culture has become a subject of research in the field of political philosophy. It is recognized in its normative dimension, and it shapes a debate around the positive model of citizenship. (shrink)

The modern definition of the state refers to the notion of sovereignty and to the related notion of the national interest, which is accompanied by secret politics. Niccolò Machiavelli was the first thinker to advocate for the primacy of the national interest. He drew inspiration from the classic concept of arcana imperii and his writings can be used to explain why the concept of the national interest has taken on a modern form and is inextricably linked to the mysterious dimension (...) of politics. Machiavelli pointed out that power is accompanied by enforcement power and indescribable hypocrisy, and actions taken at the state level are unique and require protection. However, we now witness the disappearance of the mysterious dimension of politics. Information leaks, tape recordings, eavesdropping and candid photos cause public debates and lead to numerous political changes. In this situation, the concept of the national interest must be discussed again. The public justification for the national interest and concrete political solutions and goals implemented by the state could reduce citizens’ suspicion, which is fed on further leaks. (shrink)

Horizontal relationships unite the society and level off the differences from other sources. A solidary political community is based not only on common property but also on private property, and at the same time levels off the economic disproportions so that economic conflicts would not become political, which could in turn cause the emergence of antagonized social groups. In this sense, solidarity can stabilize the political community. A case in point being the Western European democracies, which after the Second World (...) War became welfare states. Solidarity could play this role now, even though there are organizations such as Occupy Wall Street or Indignants Movement, which rebel against the inequalities. The current idea of solidarity may be achieved on different levels. The first is the local level, where the most is known of the citizens’ situation; the state level, where there are institutions which aim at a unified political community according to economy and culture; and finally, the supranational level, to level off the dangers which a growing economic stratification entails. (shrink)

Elzenberg opposes the rightness of violence. This is a horizon on which appears a space for freedom in its two dimensions, which contemporarily is defined as negative and positive. Elzenberg’s negative freedom—necessary and essential—is freedom from one’s own biologicality but also from violence, whilst positive freedom—desired and valuable—the freedom to pursue values, is conditioned by the first.Man can be enslaved by his own body, the force applied by political authority or by ideology. He will not pursue truth then. He can (...) do this only by freeing himself through satisfying his elementary needs and by way of asceticism from biological determinism, ignoring the sphere of political pressure, and reaching the truth in order to contemplate and realize beauty and good. Freedom is opposed on the one hand by biology and on the other, by violence. Force therefore, even when it is used in the name of truth, opposes the very principle in whose defense it has been enlisted. (shrink)

Is the European Constitution a modern version of political myth? The ample collection of European laws have become the normative basis for the functioning and existence of an enormous amount of different kinds of institutions. These laws particularly limit the power of State authority in the Member States. International law has taken on the character of external obligation, an issue that could be discussed elsewhere in the area of philosophical law, which precisely aims to cover this sphere of reality. What (...) are arguments for and against the description of a European order with reference to this concept? The aim of this article is to present European constitutional ideas and an analysis of the Draft of the Treaty establishing a Constitution for Europe from the point of view of the changes the European constitution has introduced into the discourse of philosophical law. (shrink)