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.

Team reasoning gives a simple, coherent, and rational explanation for human cooperative behavior. This paper investigates the robustness of team reasoning as an explanation for cooperative behavior, by assessing its long-run viability. We consider an evolutionary game theoretic model in which the population consists of team reasoners and ‘conventional’ individual reasoners. We find that changes in the ludic environment can affect evolutionary outcomes, and that in many circumstances, team reasoning may thrive, even under conditions that, at first glance, may seem (...) unfavorable. We also pursue several extensions that augment the basic account, and conclude that team reasoning is an evolutionarily viable mechanism with the potential to explain behavior in a range of human interactions. (shrink)

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 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)

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)

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 paper explores situational and dispositional underpinnings of cooperative behavior. According to psychological research, cooperation is strongly related to affective states and personality dimensions. In an experimental study we examined the conditions under which people cooperate with each other. The dispositional traits of co-workers, the contribution to a collaborative effort, and a situational factor – ambient odor condition were taken into consideration. A one-way ANOVA revealed that compared to a malodorous condition, both the pleasant odor condition and the natural odor (...) condition showed higher rates of cooperation. Further analysis indicated that only malodors influenced affective states which in turn determined social decisions. Although we found effects for the participants’ agreeableness and the coworker’s contribution to a joint work, they appeared to play a less critical role than affective states induced by the experimental odor conditions tested here. (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)

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)

“Mechanical objectivity,” which Lorraine Daston and Peter Galison trace to the mid-nineteenth century, often coincided with efforts to inscribe nature “directly,” such as through automatic registering machines. But what did this inscription entail? Addressing this question requires that we reexamine indexicalization: the shift in semiotic ideology whereby medial technologies are imagined and acted on as if they preserved material traces of the real. Indexicalization is no simple reflex of mechanical objectivity and is more varied and consequential than commonly imagined. This (...) essay demonstrates this by returning to the sciences of face-to-face interaction, which crystallized in postwar America but drew inspiration from earlier research on talk therapy. Returning to efforts to record psychoanalysis sessions in the early 1930s “objectively,” it chronicles a shift in the technosemiotic mediation of knowledge. Whereas transcripts were originally “verbatim” records of literal content, researchers came to seek tacit, symptomological signs. And whereas mechanical recording was introduced to avoid an observer effect, it was later deemed necessary to preserve indexical traces for fine-grained analysis. This indexicalization had ontological as well as epistemological effects, and it was inspired not by mechanical objectivity but by the parallel capacities of the perceptive psychoanalyst and the receptive mechanical recorder, both virtuosic in registering the indexical richness of the communicative unconscious. (shrink)

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)

The current legal status and medical ethics of routine or religious penile circumcision of minors is a matter of ongoing controversy in many countries. We focus on the United Kingdom as an illustrative example, giving a detailed analysis of the most recent British Medical Association guidance from 2019. We argue that the guidance paints a confused and conflicting portrait of the law and ethics of the procedure in the UK context, reflecting deeper, unresolved moral and legal tensions surrounding child genital (...) cutting practices more generally. Of particular note is a lack of clarity around how to apply the “best interests” standard—ordinarily associated with time-sensitive proxy decision making regarding therapeutic options for a medically unwell patient—to a parental request for a medically unnecessary surgery to be carried out on the genitalia of a healthy child. Challenges arise in measuring and assigning weights to intended sociocultural or religious/spiritual benefits, and even to health-related prophylactic benefits, and in balancing these against potential physical, functional, and psychosexual risks or harms. Also of concern are apparently inconsistent safeguarding standards being applied to children based on their birth sex categorization or gender of rearing. We identify and discuss recent trends in British and international medical ethics and law, finding gradual movement toward a more unified standard for evaluating the permissibility of surgically modifying healthy children's genitals before they can meaningfully participate in the decision. (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)

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.

Reasoning with conditionals is central to everyday life, yet there is long-standing disagreement about the meaning of the conditional. One example is the puzzle of so-called missing-link conditionals such as "if raccoons have no wings, they cannot breathe under water." Their oddity may be taken to show that conditionals require a connection between antecedent ("raccoons have no wings") and consequent ("they cannot breathe under water"), yet most accounts of conditionals attribute the oddity to natural language pragmatics. We present an experimental (...) study disentangling the pragmatic requirement of discourse coherence from a stronger notion of connection: probabilistic relevance. Results indicate that mere discourse coherence is not enough to make conditionals assertable. (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)

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)

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)