Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.

Game theory is a branch of mathematics that studies strategic interactions, i.e., interactions which involve more than one agent and in which each agent makes her/his decision while striving to predict the decisions of other agents. Game theory has been successfully applied in many areas of both the natural and social sciences, and it is the belief of this book's author that it can also be gainfully invoked in the area of legal philosophy. In this book, Wojciech Zaluski (...) analyzes legal-philosophical concepts - such as legal interpretation, justice, legal rights, contract law, tort law, and property law - through the lens of game theory. The book appeals mainly to game theory's conceptual rather than the technical side, and intertwines game-theoretical analysis with the philosophical. It will be accessible to a wider circle of readers interested in legal and moral philosophy. (shrink)

Polskie przepisy prawne formułujące warunki dopuszczalności eksperymentu medycznego, a więc ipso facto wyznaczające jego granice, można różnorako interpretować, zwłaszcza w tym zakresie, w jakim określają wymagany dla przeprowadzenia eksperymentu bilans związanych z nim możliwych korzyści i szkód. W artykułach prawniczych komentujących te przepisy w zasadzie jednak brak prób systematycznego i (na tyle, na ile pozwala na to sam przedmiot analizy) ścisłego wyróżnienia tych interpretacji w języku tzw. teorii racjonalnego wyboru (rational choice theory), teorii szczególnie przydatnej w tym kontekście z uwagi (...) na jej rozbudowany aparat pojęciowy pozwalający badać różnorakie konfiguracje relacji między costs i benefits. Artykuł próbuje wypełnić tę lukę: wyróżnione w nim zostały różne interpretacje przepisów prawnych określających warunki dopuszczalności eksperymentu medycznego; interpretacje te zostały również poddane ocenie. (shrink)

The paper provides an analysis of the relationship between the concepts of justice and solidarity. The point of departure of the analysis is Ruud ter Meulen’s claim that these concepts are different but mutually complementary, i.e. are two sides of the same coin. In the paper two alternative accounts of the relationship are proposed. According to the first one, solidarity can be defined in terms of justice, i.e. is a special variety of liberal justice, viz. social liberal justice, which, apart (...) from the value of liberty, also stresses the importance of the value of equality. An example of such a theory is Rawls’s theory of justice, within which the value of equality is ‘encoded’ in the principle of fair equality of opportunity and in the difference principle. According to the second account, solidarity is an expression of a special type of social relationships – the so-called ‘thick relationships’, which are non-superficial, positive, their paradigmatic examples being family and friendship; in other words, the rules of solidarity are rules that are built into ‘thick relationships’. On the first account, justice and solidarity are not different, while on the second account they are different but mutually exclusive rather than mutually complementary. In the last part of the paper some remarks on the social causes of solidarity are made. (shrink)

The goal of this paper is to formulate several observations on the psychological relations between vita contemplativa and vita activa which manifest in the context of the two following problems: what basic psychological mechanisms may propel an agent to forsake one type of life for the sake of another; and what effect an agent’s deep involvement in VC may have for his attitude towards VA as well as for his manner of pursuing VA. In the paper, the distinction is made (...) between VC in the strong sense and VC in the weak sense, and it is argued, among others, that the two features of VC in the strong sense—selflessness and otherworldliness—make VC a desirable complement of VA : the involvement in the public sphere motivated by VA is likely to be not only more effective, but also more durable than the involvement propelled by disappointment with the private VA. Therefore, human beings should not be thought of as divided into two rarely interpermeating categories namely those who are ‘psychologically destined’ for VC and those who are ‘psychologically destined’ for VA. Rather, the opposite seems to be true, namely that there exist strong motivational links in the direction from VC to VA. (shrink)

Evolutionary psychology offers a fairly ‘patriarchal’ picture of sex differences, according to which men are, ‘by nature’, much more polygamously disposed, much more desirous of power over the opposite sex, and much more aggressive than women. However, the picture – at least in its components and – becomes problematic if one looks at the history of conceptions of paternity accepted by our ancestors. It is argued in the paper that the very fact that our ancestors accepted various and essentially different (...) conceptions of paternity casts a shadow of doubt on the ‘patriarchal’ picture of sex differences. (shrink)

The paper provides an analysis of the impact of negative emotions on decision-making processes. It questions the common-sense view that negative emotions diminish rationality of decisions, i.e., increase the probability of making suboptimal choices. It is argued in the paper that this view is untenable on the grounds of neuroscience, cognitive science and evolutionary theory: the results provided by these sciences support the view that negative emotions in most instances of their occurrence, i.e. types of negative emotions, not only fail (...) to undermine rationality of decision-making but substantially contribute to it. This does mean saying that token-negative emotions never undermine rationality of decision-making. But, as is argued in the paper, the fact that token-negative emotions may have sometimes this kind of negative effect is fully consistent with the claim that, as a rule, the effect is positive, so that one can speak about the causal connection between types of negative emotion and rational decision-making. (shrink)

Liberal democracy is often considered to be unstable, consisting of two markedly different ideals that remain in tension. Yet the thesis regarding the alleged insta...

Game theory is a mathematical theory of strategic interactions between rational agents. With much success, it has been widely applied in various areas of the social sciences, especially economics and sociology. However, it has been relatively and rarely used in the analyses pursued in legal theory and legal dogmatics. The present collection fills this gap and discusses game theory as a useful tool for legal scholars in solving the various problems of legal philosophy or legal dogmatics. It also includes two (...) skeptical voices regarding the applicability of game theory in legal analysis. The book will be useful for scholars in the field of legal theory, as well as for philosophers and economists. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

The previous volume of the series Logic, Methodology and Philosophy of Science at Warsaw University---entitled Imperatives from Different Points of View---was the first result of the project Theory of Imperatives and Its Applications realized by the group composed by Anna Brożek, Jacek Jadacki and Berislav Žarnić. The project was supported by the Foundation for Polish Science within the program Homing Plus. One of the most important points of this project was the International Symposium Imperatives in Theory and Practice which took (...) place in Warsaw, on the 18th and 19th May, 2012. The symposium was the meeting of many specialists in the domain of the theory of imperatives – from China, Croatia, Japan, Poland and The United States. Contents: Berislav Žarnić, Logical Root of Linguistic Commitment; Jacek Jadacki, Witwicki’s Square; Tomoyuki Yamada, On the Very Idea of Imperative Inference; Fengkui Ju, Semantics of Sentences in Mixed Moods of Indicative and Imperative; Piotr Kulicki & Robert Trypuz, Two Faces of Obligation; Bartosz Brożek, Types of Obligations; Anna Brożek, Functional Ambiguity of Imperatives; Anna Brożek, Logic of Prescriptions and Instruction; Aleksandra Horecka, Imperative Sentence as a Performative Sentence, which Refers to the Optative State of Affairs; Jakub Bazyli Motrenko, The Concept of Praxiological Directive; Maciej Witek, How to Establish Authority with Words: Imperative Utterances and Presupposition Accommodation; Wojciech Załuski, Remarks on the Lexical Order of Rawls’s Two Principles of Justice; Natalia Miklaszewska, Acts of Will as Convictions; Anna Brożek, Imperatives in the Gospel. (shrink)

In this paper, we present two experimental studies on reference of complex demonstratives. The results of our experiments challenge the dominant view in philosophy of language, according to which demonstrative reference is determined by the speaker's intentions. The first experiment shows that in a context where there are two candidates for the referent—one determined by the speaker’s intention, the other by some “external” factors—people prefer to identify the referent of a demonstrative with the latter object. The external factors for which (...) this prediction has been confirmed include the speaker’s demonstration and the descriptive content of a demonstrative. The second experiment shows that while this preference can be explained in terms of the speakers’ having different sorts of referential intentions, the relevant kind of intentions are fully opaque to the subjects. At the end of our paper, we point to some alternative accounts of demonstrative reference, including a pluralistic and hybrid approach, which can accommodate our experimental results. (shrink)

This book challenges the widespread view of Kierkegaard’s idiosyncratic and predominantly religious position on mimesis. -/- Taking mimesis as a crucial conceptual point of reference in reading Kierkegaard, this book offers a nuanced understanding of the relation between aesthetics and religion in his thought. Kaftanski shows how Kierkegaard's dialectical-existential reading of mimesis interlaces aesthetic and religious themes, including the familiar core concepts of imitation, repetition, and admiration as well as the newly arisen notions of affectivity, contagion, and crowd behavior. Kierkegaard’s (...) enduring relevance to the malaises of our own day is firmly established by his classic concern for the meaning of human life informed by reflective meditation on the mimeticorigins of the contemporary age.​ -/- Kierkegaard, Mimesis, and Modernity will be of interest to scholars and advanced students working on Kierkegaard, Continental philosophy, the history of aesthetics, and critical and religious studies. (shrink)

We propose a non-standard interpretation of Alternating-time Temporal Logic with imperfect information, for which no commonly accepted semantics has been proposed yet. Rather than changing the semantic structures, we generalize the usual interpretation of formulae in single states to sets of states. We also propose a new epistemic operator for ?practical? or ?constructive? knowledge, and we show that the new logic (which we call Constructive Strategic Logic) is strictly more expressive than most existing solutions, while it retains the same model (...) checking complexity. Finally, we study properties of constructive knowledge and other operators in this non-standard semantics. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

By spelling out the affective dimension of admiration, this paper challenges the view of admiration as a trustworthy means of detecting morally desirable qualities in exemplars. Such a view of admiration, foundational for the current debate on exemplars in moral education, holds that admiration is a self-motivating emotion essentially oriented toward the good and the excellent. I demonstrate that this view ignores the affective aspects of admiration explored widely in the history of philosophy on which the debate on moral exemplars (...) substantially draws. Focusing on Spinoza, Smith, Kierkegaard, and Nietzsche, I bring to light their largely skeptical views of the moral value of admiration. These thinkers indicate that admiration can be influenced by, and is often conflated with, other emotions, and can arise in us through behavioral mimicry; moreover, admiration is often oriented toward the mediocre and corrupt, is contagious, self-referential, collective, and has limited motivational power. Their remarks on the affective dimension of admiration call into question admiration’s applicability and usefulness in moral exemplarity. (shrink)

Early twelfth-century logicians invoked past-tensed statements with future-oriented contents to undermine the assumption that every proposition ‘about the past’ is determinate. In the second half of the century, the notion of future-dependence was used to restrict the scope of necessity per accidens. At some point, this idea began to be applied in theology to solve puzzles surrounding predestination, prescience, prophecy, and faith. In the mid-1160s, Magister Udo quotes some thinkers who insisted that the principle of the necessity of the past (...) should exclude dicta that ‘relate to the future’, such as that he has been predestined. Peter of Poitiers adopted this ‘Ockhamist’ strategy around 1170. We find similar accounts in Simon of Tournai and Alan of Lille, who invoked it in other contexts as well. By the time of Praepositinus of Cremona, Hubert of Pirovano, and Stephen Langton, the restricted principle became something of a common view at Paris. (shrink)

ABSTRACT This article argues for a unique role of imagination and mental images in the moral education of students. Imagination is rendered here as a capacity oriented toward realizable and salient goals; mental images are understood as particular future-oriented self-representations (FOSRs) devised by and held in imagination. FOSRs have four moral attributes: they are 1) expressive of us as moral agents, 2) shape our moral identity, 3) serve as moral pointers, and 4) help devise mitigating strategies. FOSRs can be created (...) and utilized in educational settings to further the goals of moral education by i) fostering sensitivity to moral situations among students, ii) motivating learners to act morally, iii) facilitating environments supportive of moral practice and moral habituation, and iv) helping strengthen cross-situational consistency of moral action. The four moral attributes of future-oriented self-representations (FOSRs) (1–4) that are to be engaged in moral education to further its goals (i–iv) are correlated with four elements of moral education, namely: a) moral awareness; b) moral competency; c) moral motivation; and d) moral capacity. To argue for the special role of imagination and mental images in moral education this paper integrates philosophical research and conceptual and empirical studies in psychology and education on the morality of imagination and mental images. (shrink)

Action logic of Pratt [21] can be presented as Full Lambek Calculus FL [14, 17] enriched with Kleene star *; it is equivalent to the equational theory of residuated Kleene algebras (lattices). Some results on axiom systems, complexity and models of this logic were obtained in [4, 3, 18]. Here we prove a stronger form of *-elimination for the logic of *-continuous action lattices and the –completeness of the equational theories of action lattices of subsets of a finite monoid and (...) action lattices of binary relations on a finite universe. We also discuss possible applications in linguistics. (shrink)

Traditional martial arts continue to be interesting and inspiring to many people around the globe. Some of their contemporary adaptations attract enthusiasts for whom they are especially important. In this article, the author bases his observations on his own long-term participation. The analysis takes into account the influence of the perspectives of Jigoro Kano and several other creators of modern varieties of Japanese budo. It can be concluded that regular, even daily, practice—cultivating martial arts and internalizing its values—co-creates the lifestyle (...) of instructors and advanced students. (shrink)

This article engages the considerations of imagination in Kierkegaard and Ricoeur to argue for a moral dimension of the imagination and its objects. Imaginary objects are taken to be mental representations in images and narratives of people or courses of action that are not real in the sense that they are not actual, or have not yet happened. Three claims are made in the article. First, by drawing on the category of possibility, a conceptual distinction is established between imagination and (...) fantasy, (1) I claim that imagination has a moral dimension because it is engaged in considering real-life possibilities. Second, (2) drawing on Kierkegaard and Ricoeur, it is argued that mental representations of selfhood in imagination have a moral dimension because they essentially allow people to understand the development of agency in human selfhood by means of representations of would-be selves and narrative figurations of the self. Third, (3) mental representations of human selves have a moral dimension because they form important points of reference for moral orientations in the field of human praxis (moral pointers). (shrink)

Warsaw Wild Captive Pisula Stryjek rats - Establishing a breeding colony of Norway Rat in captivity It is believed that the history of laboratory rat dates back to 1820-ies, which is about 300 generations. This relatively short evolutionary distance, drastically different environment and selective breeding could have caused differences in behaviour between the laboratory rat and his wild counterpart - Norway rat. The vast majority of research concerning differences between wild and laboratory rats was conducted over 30 years ago. The (...) knowledge acquired as a result of that research seems far from being complete. Over a quarter of a century could have deepened the described differences. Nowadays the change in experimental approach, in favour of low stress conditions, can give a new insight into this problem. This article describes process of establishing a laboratory line of wild Norway rat, which will take part in a broad series of comparative studies. 16 wild rats were trapped in 5 distant parts of Warsaw. Most of wild rats successfully adapted to captive conditions, mating successfully and producing litters, which have survived to adolescence. (shrink)

Author: Torzewski Wojciech Title: HERMENEUTICS AND THE QUESTION OF REASON (Hermeneutyka a kwestia rozumu) Source: Filo-Sofija year: 2010, vol:.11, number: 2010/2, pages: 29-40 Keywords: HERMENEUTICS, RATIONALITY, INTERPRETATION Discipline: PHILOSOPHY Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): E-mail: www:This article is an expression and an attempt to justify the belief that hermeneutic philosophy is an interpretation of the rationality’s concept. Although hermeneutics itself is a critique of a certain form of rationalism, and therefore falls under (...) charges “irrationality”, the concept of reason is an essential component of its identity as a philosophy. (shrink)

The late Richard Rorty has sometimes been described as a controversial, or even outrageous, thinker. Yet the reasons that stand behind such a reputation are obviously quite different from in the ca...

In this article the author argues that the 'Liar' Paradox sentence: "This sentence is false" is neither true nor false because it does not express any proposition or "Satz" in the sense of Bernard Bolzano. The difficulty left open is that by a similar line of reasoning also the sentence "This sentence is true" would not express any proposition, yet it is sometimes taken to be true (on the strength of a theorem by Loewe).

Response to spatial and nonspatial change in wild and Wistar rats The purpose of the experiment was to investigate the effects of domestication on exploration in rats. The comparison was made between wild Warsaw-Wild-Captive-Pisula-Stryjek rats and Wistar laboratory rats. The study used a purpose-built maze divided into zones connected with a corridor. Objects were placed in two out of four zones. Their location and shape were subject to experimental manipulation. Transporter used to move rats to the maze provided the opportunity (...) for spontaneous exploration of the experimental arena. Rats were subjected to a series of 10 sessions, followed by a spatial or nonspatial change in the experimental arena, after which another 5 experimental sessions were conducted. The study revealed that wild rats had much higher exploration latency than their laboratory counterparts. At each analyzed stage, WWCPS rats spent much more time in the transporter than Wistar rats. Wistar rats spent much more time during the experiment on object interaction in the experimental arena. In post-manipulation sessions, however, it was wild rats that explored object zones relatively longer than laboratory rats. No differences in the animals' behavior depending on the type of change were observed. Results suggest that wild rats tend to explore much more cautiously than laboratory rats and are more sensitive to changes in their environment. The underlying cause of these differences is likely to be the higher level of stress in wild rats, resulting from threats in their natural habitat. (shrink)

This article discusses the “Argument from Inference” raised against the view that definite descriptions are semantically referring expressions. According to this argument, the indicated view is inadequate since it evaluates some invalid inferences with definite descriptions as “valid” and vice versa. I argue that the Argument from Inference is basically wrong. Firstly, it is crucially based on the assumption that a proponent of the view that definite descriptions are referring expressions conceives them as directly referring terms, i.e., the terms which (...) contribute their referents into the semantic content of the sentences in which they occur. However, the framework of direct reference is not essential to the idea that descriptions might have semantic referential interpretation. Secondly, the Argument of Inference - if correct - suffices to establish an overgeneralized conclusion that even paradigmatically referring terms, like proper names, cannot be semantically referential. This fact indicates that the argument is flawed. In the final part of this article, I briefly consider what the source of the problem with the Argument of Inference might be. (shrink)

Does the effective protection of constitutional rights require a system of robust judicial review? This differs from the question of whether judicial review is democratically legitimate, although the two are often merged. The dominant liberal constitutional discourse concerning the requirement of judicial review has arguably suffered from a degree of insensitivity to the actual effects of specific judicial review systems. In contrast to a fact‐insensitive approach, I suggest that the ‘matrix’ of rights‐protection in any specific system of judicial constitutional review (...) must incorporate two types of calculation. The first must compare incidences of the invalidation of ‘wrong’ statutes (on the ‘gains’ side) with invalidations of ‘right’ statutes and cases of upholding ‘wrong’ statutes (on the ‘losses’ side). The second looks at the gains and losses resulting from the very existence of the system of judicial review (rather than the specific cases that have been upheld or invalidated). It thus recognizes the deep disagreement between individuals about their preferred interpretations of constitutional rights. Under some conditions, the results of this matrix may be modified by arguments about an overlap in preferred articulations of constitutional rights, prudence, and the deliberative nature of the courts that exercise constitutional review, and the paper concludes with a discussion of how this can occur. We do not have to have a court that will strike down laws—a court with the power of judicial review—to have a vibrant language of fundamental rights available to us. (shrink)

The subject matter of the paper is an analysis of the role of 'wit' in J. Locke's "An Essay Concerning Human Understanding". The analysis shows that this apparently marginal issue plays in Locke's text ambivalent role. Interpreted by Locke as assemblage of ideas on the basis of their similarity, wit is, on the one hand, explicitly excluded from the domain of philosophy and situated within the sphere of aesthetic pleasure. On the other hand wit is an implicit constitutive element of (...) a number of "Essay's" important philosophical issues, especially those of mind and of ideas formation. The analysis of wit may also be regarded as a contribution to the history of the philosophical treatment of wit and some related problems, such as inventiveness. (shrink)