Despite its popularity in recent theorisations of law as an artifact, the idea that law is an immaterial being, independent from even the documents that contain legal acts, has not been subjected to a focused analysis. This paper fills this noticeable gap. After providing generalizing account of the Immateriality Thesis, based on its different expositions in the literature, the paper criticises it. First, it argues that it is based on the counterfactual assumption that semantic content can exist beyond any carrier (...) for itself. The paper then elaborates on the thesis’ empirical implausibility, particularly its ignorance of how much the law is as it is due to writing. Third, the paper reveals how the thesis is difficult to combine with other jurisprudential issues, notably law’s effectiveness. Following such a critique, the paper considers the possible origins of and reasons for the thesis. Given its highly questionable character, the paper concludes with some general ideas on taking law’s materiality seriously. (shrink)

This article discusses a rare instance of the highest national courts explicitly addressing traffic signs in their judgments or decisions. It critically examines the standpoint expressed by the Polish Constitutional Tribunal and the Supreme Court, according to which the basic traffic sign categories in Poland—obligatory, prohibitory, informative and warning—are not separable [e.g. prima facie non-normative signs can also be normative ]. These courts formulated this idea when addressing the legal question concerning the applicability of legal provision penalizing failure to comply (...) with a traffic sign to parking a car without paying a fee in an area marked by an informative sign that indicates the need to charge a fee for parking. The article analyses and criticizes the relevant standpoint of the Polish Constitutional Tribunal and the Supreme Court. It shows how many negative consequences can result from frivolous treatment and neglect of traffic signs. It also reconstructs some possible practical recommendations concerning not only traffic signs but also visualizations of legal rules in general. (shrink)

This paper’s aim is to promote greater interest in courtroom practices of minute-taking—the preparation of written documents that constitute a record of what was said and done in the courtroom during a case hearing, very often based on a judge’s dictation of rephrased questioned person’s statements to a clerk who records them. This aim is achieved through discussion ultimately focused on the distinguishable aspects of minute-taking, its possible underlying mechanisms, and further consequences, followed by some remarks concerning the judge–clerk relationship (...) outside the scope of minute-taking and more direct discussion of clerks themselves. The discussions and analyses presented here are empirically-grounded, forming a side result of a larger research project conducted in a Polish lower court that combined observations of case hearings with witness interviews. Despite their inadvertent origin, the investigations presented here demonstrate the complexity and multifaceted nature of minute-taking to a greater extent than previous relevant studies have revealed. While minute-taking has not been neglected entirely in legal research, there remain many questions to be addressed. This paper suggests some of these questions as well as potential directions for future research on minute-taking through discussion of how the identified aspects of minute-taking can be utilized and which theoretical frameworks may be applicable. Although the paper is a result of empirical research conducted in Poland, its aims are relevant outside the Polish context, particularly in other continental European countries where minutes are also taken from case hearings. (shrink)

Against the background of studies on redundancy in law that completely omit the visual element in law and of studies on traffic signs that are laconic about their redundancies, the present study proposes more focused investigation into the redundancies of traffic signs. After presentation of the broader context of existing studies on traffic signs and on redundancy in law, and following a discussion of the direct inspiration for embarking upon research into this topic, the article moves to present and discuss (...) six proposed types of redundancies of signs. Utilizing Franciszek Studnicki’s distinction between sign-types and sign-realizations, and given that traffic signs exist in various complicated relationships with each other, with written formulations in legal texts, and with the environments in which they are placed, the study comments on six types of redundancy: sign-type–basic task of road traffic law; of sign-type’s elements; sign-type–sign-type; sign-type–legal text; sign-realization–sign-realization; and sign-realization–environment. Analysis of each type is supported through examples, various subdivisions, and additional lines of inquiry. The study has value for both strictly theoretical and more practical enterprises related both to traffic signs themselves and to the wider realm of visualization of norms. (shrink)

This book examines the importance of flat ontologies for law and sociolegal theory. Associated with the emergence of new materialism in the humanities and social sciences, the elaboration of flat ontologies challenges the binarism that has maintained the separation of culture from nature, and the human from the nonhuman. Although most work in legal theory and sociolegal studies continues to adopt a non-flat, anthropocentric and immaterial take on law, the critique of this perspective is becoming more and more influential. Engaging (...) the increasing legal interest in flat ontologies, this book offers an account of the main theoretical perspectives, and their importance for law. Covering the work of the five major theorists in the area - Gabriel Tarde, Bruno Latour, Manuel DeLanda, Karen Barad and Graham Harman - the book aims to encourage this interest, as well as to explicate the important problems of and differences between these perspectives. Flat ontologies, the book demonstrates, can offer a valuable new perspective for understanding and thinking about law. This book will appeal mainly to scholars and students in legal theory and sociolegal studies; as well as others with interests in the posthumanist turn in philosophy and social theory. (shrink)

Artykuł przedstawia pojęcia prawa wyjścia, które odgrywa jedną z głównych ról w wielu dyskusjach nad wielokulturowością. Prawo wyjścia to prawo każdego członka opresyjnej lub dyskryminującej wspólnoty kulturowej do opuszczenia jej. Artykuł stanowi próbę rekonstrukcji pojęcia prawa wyjścia, która bierze pod uwagę wiele już dyskutowanych kwestii takich, jak, między innymi, sama możliwość wyjścia, jego koszty, konsekwencje i funkcje.

The purpose of this article is to analyze the constitutional considerations of the possibility of establishing the Ombudsman as a body to receive reports of violations of the law under the authority of Directive Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of whistleblowers. The results of the research lead to the conclusion of the possible admissibility of such a solution, but with the need for appropriate system changes. However, the (...) author recommends entrusting this competence to a newly created body. (shrink)

The text provides an introduction to the issue of articles on whistle-blower protection. The articles included in the separate substantive part of the issue Studies in Grammar, Logic and Rhetoric focus on the idea of whistle-blowing, as well as on the protection of whistleblowers under the Directive of the European Parliament and of the Council (EU) 2019/1937 on the protection of whistleblowers (the so-called Whistleblower Protection Directive). The texts present the issues of protection of whistleblowers from an interdisciplinary perspective, the (...) presented themes concern law, legal history, psychology, as well as compliance and management. (shrink)

Research indicates that emotional mimicry predominantly occurs in response to affiliative displays, such as happiness, while the mimicry of antagonistic displays, like anger, is seldom observed in social contexts. However, contextual factors, including the identity of the displayer (e.g. social similarity with the observer) and whose action triggered the emotional reaction (i.e. to whom display is directed), can modulate the meaning of the display. In two experiments, participants observed happiness, sadness, and anger expressed by individuals with similar or different social (...) attitudes in response to actions from either a participant or another person. Results demonstrated that three manipulated factors – displayer social similarity, whose action caused an emotional display, and the type of emotional display – affected participants’ perception of the display. In turn, mimicry was predominantly observed in response to happiness (Experiments 1 and 2), to a lesser extent to sadness (Experiment 1), and not to anger. Furthermore, participants mimicked individuals who were more socially similar (Experiment 1), while whose action caused an emotional reaction did not influence mimicry. The findings suggest that when the context mitigates the meaning of negative or antagonistic facial displays, it does not necessarily increase the inclination to mimic them. (shrink)

Question 6: Whether God as infinite is an object of theology from the Prologue to the Commentary on the Sentences written by William is a polemic with Giles of Rome and Henry of Ghent. The former contends that God is the subject of theology through the specific notion, namely as Saviour, while the latter asserts that God’s infinity is accessible to men’s knowledge only if it is understood as something added to the proper object of theology, i.e. to God. William (...) sharpens Henry’s criticism of Giles and puts forward thesis claiming that God’s infinity is knowable as the direct object of theology. William’s proof of the cognoscibility of infinity paved the way to John Duns Scotus’s developed conception of infinity as the principal divine attribute. (shrink)

The phenomenon of immersion mainly appears and relates to human existence in the interactive electronic environment. Immersion can produce an experience of electronically generated reality, which consists of feelings similar to those known from the experience of the physical world and can influence our sensuous and intentional attitude. A person enters the electronic world, frequently finding there the value of being and a sphere for her/his own activity, which can release personality and produce the kind of emotional attitude which sometimes (...) possibly does not appear in the physical world. Immersion was also described in electronic interactive art as a phenomenon which operates on the basis of aesthetic experience, where it is connected with feelings of being surrounded by outside influences, or with the “absorption” of perceiver by the work of art. The description of immersion on the basis of interactive artbecame the foundation for treating it as a general feature of art and also makes it possible to treat art as an immersive environment, where immersion becomes a historical notion, shaped by the historical development. (shrink)

The paper shows the history of the Academia Electronica – a virtual department of the Jagiellonian University, which has been in operation since 2007 in Second Life 3D graphic environment. The contributor focused on the transformation it underwent and problems which have been addressed for 14 years. Three aspects of the analysis have been identified with the first one concerning the philosophy of virtuality, the second – teaching in the 3D graphic environment, and the third one revealing the social importance (...) of an open university. This text is autobiographic, which means that it includes short memories on a number of events related to the development of the Academia Electronica as a university alongside the contributor’s personal reflections based on his long staying in the Second Life world. (shrink)

Mental arithmetic is characterised by a tendency to overestimate addition and to underestimate subtraction results: the operational momentum effect. Here, motivated by contentious explanations of this effect, we developed and tested an arithmetic heuristics and biases model that predicts reverse OM due to cognitive anchoring effects. Participants produced bi-directional lines with lengths corresponding to the results of arithmetic problems. In two experiments, we found regular OM with zero problems but reverse OM with non-zero problems. In a third experiment, we tested (...) the prediction of our model. Our results suggest the presence of at least three competing biases in mental arithmetic: a more-or-less heuristic, a sign-space association and an anchoring bias. We conclude that mental arithmetic exhibits shortcuts for decision-making similar to traditional domains of reasoning and problem-solving. (shrink)

We study a logic whose formulae are interpreted as properties of a finite set over some universe. The language is propositional, with two unary operators inclusion and extension, both taking a finite set as argument. We present a basic Hilbert-style axiomatisation, and study its completeness. The main results are syntactic and semantic characterisations of complete extensions of the logic.

We investigate how Dutch Book considerations can be conducted in the context of two classes of nonclassical probability spaces used in philosophy of physics. In particular we show that a recent proposal by B. Feintzeig to find so called “generalized probability spaces” which would not be susceptible to a Dutch Book and would not possess a classical extension is doomed to fail. Noting that the particular notion of a nonclassical probability space used by Feintzeig is not the most common employed (...) in philosophy of physics, and that his usage of the “classical” Dutch Book concept is not appropriate in “nonclassical” contexts, we then argue that if we switch to the more frequently used formalism and use the correct notion of a Dutch Book, then all probability spaces are not susceptible to a Dutch Book. We also settle a hypothesis regarding the existence of classical extensions of a class of generalized probability spaces. (shrink)

Individual eschatological images are rarely a research subject that applies in-depth interviews and qualitative methods of analysis. Due to the use of simple questionnaire measures, knowledge about possible variations in personal images of heaven or hell is very poor. Furthermore, data concerning any connection between personality and eschatological images is scarce. The research project presented in the article was an attempt to apply a narrative method and to combine qualitative and simple quantitative methods to describe the wide variety of individual (...) views of heaven, hell, and purgatory. The relationship between individual eschatological images, denominational culture, and the chosen dimension of personality—i.e., hope understood in Erik Erikson's terms as a relatively stable conviction that the world is meaningful, ordered and friendly towards people—was also explored. The research was conducted among religiously engaged Christians from two denominational groups: Catholics and Lutherans. (shrink)

The purpose of this paper is to provide an analytical framework – derived from the Herbert L.A. Hart’s philosophy of law – for the study of the phenomenon of habit and custom from the perspective of normativity. Its starting point is the Hart’s concept of “internal aspect of rules” as a necessary criterion for the rule’s normative character. The internal aspect exists in two forms: the “recognition” based on specific rules, and “acceptance”. The concept of acceptance reveals a difference between (...) habit and custom, by capturing the normative character of the latter. The formation of the customs – by way of unprecedented punishment of a rule’s violation – reveals the ambiguity of the term “sanction” as referring to not only the external aspect, but also to internal aspect of rules. (shrink)

Species are considered the basic unit of biological classification and evolution. Hence, they are used as a benchmark in several fields, although the ontological status of such a category has always been a matter of debate. This paper aims to discuss the problem of the definition of species within the new mechanistic approach. Nevertheless, the boundary between entities, activities, and mechanisms remains difficult to establish and always requires an analysis of what is meant by explanation. As a case study, the (...) paper describes the debate concerning the species category by considering different kingdoms: Animals, Bacteria, and Fungi. The inherently biological differences between those groups prevent the use of a single, universally applicable concept of species that could fit the mechanisms responsible for the variability present in these kingdoms. The same issue is encountered within each group, as highlighted through a focus on mammals and microbes. This controversy has given rise to opposite approaches, namely: monism, which looks for a single definition that might account for all species, and pluralism, which admits that different groups of organisms require somewhat different definitions. In order to develop an adequate definition of species, we propose to apply a new mechanistic framework, which considers the ontic-epistemic dimensions of scientific explanation in close parallel. The apt correlation between epistemic and the ontic aspects highlights the way in which the concept of species and the reference to data are strictly co-determined. This suggests that the concept of species is better understandable within a dual ontic-epistemic approach. (shrink)

At Protagoras 353de, Socrates gives three possible reasons for calling some pleasures `wrong'. Scholarly attention has focused on the second of these, according to which pleasures are `wrong' when they have negative consequences. This paper argues that the first reason (the pleasures are fleeting) corresponds to beliefs held by Democritus, among others; and that the third reason (the pleasant things “give pleasure in whatever way and for whatever reason“) is the view adopted by Socrates in the dialogue.

In recent decades, societal perceptions about sexuality have undergone immense changes, which in turn led to substantial reform of states’ criminal regulation of sexual misconduct. Traditional Angl...

We applaud the authors' basic message. We note that the negative research emphasis is not special solely to social psychology and judgment and decision-making. We argue that the proposed integration of null hypothesis significance testing (NHST) and Bayesian analysis is promising but will ultimately succeed only if more attention is paid to proper experimental design and implementation.

We predicted that short-term training of executive control would improve both cognitive control itself and general fluid intelligence. We randomly assigned 120 high school students to the experimental and control groups. The former underwent a 14-day training of four executive functions: interference resolution, response inhibition, task switching, and goal monitoring. The latter did not train anything. The training significantly improved cognitive control and IQ. The control group also improved their IQ scores but gained less than the experimental one. However, the (...) amount of IQ scores enhancement did not correlate with the majority of indices of the training effectiveness, thus justifying the supposition that such enhancement resulted from the general effect of participation in the training rather than from the improvement of executive functions underlying Gf. (shrink)

One important aspect of biological explanation is detailed causal modeling of particular phenomena in limited experimental background conditions. Recognising this allows one to appreciate that a sufficient condition for a reduction in biology is a molecular model of (1) only the demonstrated causal parameters of a biological model and (2) only within a replicable experimental background. These identities—which are ubiquitous in biology and form the basis of ruthless reductions (Bickle, Philosophy and neuroscience: a ruthlessly reductive account, 2003)—are criticised as merely (...) “local” (Sullivan, Synthese 167:511–539, 2009) or “fragmentary” (Schaffner, Synthese, 151(3):377–402, 2006). However, in an instructive case, a biological model is preserved in molecular terms, demonstrating a complex phenomenon that has been successfully reduced. (shrink)

Apart from the Treaty of human nature, political philosophy of David Hume's not systematic. This fact is probably associated with Hume's skepticism, disbelief in the philosophical, abstract synthesis, which necessarily reduces the complexity of the world to just one aspect. Most distinct evidence of this belief are philosophical essays, often recognized for popularizing some of the ideas contained in the Treaty. Popularization of the former no doubt, but there were also more than that. Hume They analyzed human reason and morality (...) in a very broad historical context. Essays are full of details taken from the history of culture, politics and the economy in both England and the ancient peoples. Greeks and Romans had for special esteem for Hume, and ancient historians considered it his pattern, moreover, does not mean that he was against them uncritically. (shrink)