Archiwum Filozofii Prawa i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVRwww.ivr.org.pl

Reflexivity and transitional justice research

Mgr Michał Krotoszyński

Adam Mickiewicz University in Poznań


English abstract: The article explores ways in which the notion of reflexivity can apply to the research on transitional justice. First, the article describes reflexive considerations concerning the state of the field itself. Then, the reflections on transitional justice measures are characterized, focusing primarily on the discussion on the use of criminal trials. Finally, the article portrays how collective and individual identity can be reshaped during the transition. The article argues that research on dealing with the past is par excellence reflexive, as the debate challenges even the most basic ideas connected with transitional justice.

Keywords: cultural relativism, dealing with the past, human rights, political transition, reflexive law, reflexivity, transitional justice, universalism

Language: Polish

Published: Number 2(11)/2015, p. 59-68.

Download file: Download

Number of downloads: 755

Clarity of law requirement regarding European Union law

Mgr Jakub Karczewski

University of Warsaw


English abstract: Clarity is one of the basic traits of good law. So far, theory of law has focused on the clarity of law requirement only with reference to national legal orders. The article tries to apply this requirement to multilingual and multicultural European Union legal order. Clear law is understandable and precise. Although it is not possible to make law completely clear, the legislator should try to make it as clear as possible since such law protects important values and enables to achieve important goals, for instance it makes law more efficient and certain. One of the crucial prerequisites for clear law is appropriate language of the texts of legal acts. It concerns both vocabulary and syntax of these texts. Therefore, in order to make law clear, the legislator should follow specific rules regarding linguistic aspects of lawmaking. European Union law should be clear as well. Since European Union multilingual and multicultural legal order is different from national legal orders, including the multilingual ones, the methods of making European Union law clear are partly different from those applied in national legal orders. It concerns, above all, the language of texts of European Union legal acts. The use of new, European, legal terms is justified and helps make European Union law clear, even though this does not have to seem evident. In contrast to the new vocabulary, the new, European, syntax of texts of European Union legal acts is not justified. In order to make law clear, the European Union legislator should follow the same syntactic rules as the national legislator.

Keywords: clarity of law, European Union law, law-making, multilingualism of law, multiculturalism of law

Language: Polish

Published: Number 2(11)/2015, p. 42-58.

Download file: Download

Number of downloads: 492

The position of Social Insurance Institution in the perspective of „sovereignty” conception of Michel Foucault and Judith Butler

Dr Arkadiusz Barut


English abstract: The subject of the article is the analysis of a specific feature of contemporary political and administrative power. As analytic categories the author uses Foucaultian concepts of power discourses: sovereignty: the type of individualized power which strives for self-conservation (pre-modern type of power) and governmentality – the type of non-individualized power the aims of which are control and management of the population (modern type of power). Contemporary power – the bureaucratic power described by M. Weber etc. – seems to be the type of governmentality. But in this field emerges a new type of sovereign power legitimized by the discourse of governmentality – management and protection of the population. Its examples are analysed by G. Agemben i J. Butler indefinite detention in Guantanamo. In this articles, the author focuses on symptoms of the new type of sovereignty in day-to day government action – the practice of the polish organ of compulsory social insurance – Social Insurance Institution (Zakład Ubezpieczeń Społecznych).

Keywords: Social Insurance Institution, sovereignty, power, Michel Foucault, Judith Butler

Language: Polish

Published: Number 2(11)/2015, pp. 27-41.

Download file: Download

Number of downloads: 475

A Story of a Foreword. Remarks on the Chinese Translation of „Unfinished Dialogue”

Prof. dr hab. Beata Polanowska-Sygulska

Jagiellonian University in Kraków


Abstract: In 2014 Yilin Press published a Chinese translation of a book “Unfinished Dialogue” by Isaiah Berlin and Beata Polanowska-Sygulska. The text presents the letters exchanged between Beata Polanowska-Sygulska and Yang Deyou, the translator of the book and an expert in Polish and English studies, and which led to the creation of the foreword to the Chinese edition of the book.

Keywords: Isaiah Berlin, Unfinished Dialogue, Yang Deyou
(English title, abstract and keywords supplied by the editors)

Language: Polish

Published: Numer 2(11)/2015, p. 20-26.

Download file: Download

Number of downloads: 399

Essentialism and Human Nature. Excerpts from “Unfinished Dialogue”

Prof. Isaiah Berlin, Prof. dr hab. Beata Polanowska-Sygulska

Oxford University / Jagiellonian University in Kraków

Abstract: The text consists of the excerpts from a book “Unfinished Dialogue” by Isaiah Berlin and Beata Polanowska-Sygulska published in New York in 2006. The passages include one of the letters that the British philosopher wrote to Beata Polanowska-Sygulska in 1986, printed earlier in „The New York Review of Books”, and a transcript from a discussion between Isaiah Berlin, Beata Polanowska-Sygulska and John Gray that took place in 1988.

Keywords: Isaiah Berlin, Unfinished Dialogue, essentialism, human nature
(English title, abstract and keywords supplied by the editors)

Language: Polish

Published: Numer 2(11)/2015, p. 5-19.

Download file: Download

Number of downloads: 470

Hindsight bias and liability for damages

Dr Radosław Zyzik

Jesuit University Ignatianum in Cracow


English abstract: Hindsight bias is one of the cognitive biases, which are biases that people make systematically and predictably. The essence of this bias is inability to correctly evaluate the probability of past events. Our tendency to overestimate it can lead to disturbing consequences in legal proceedings where such activities are on the agenda. In our analysis we will focus on assessing how the hindsight bias affects the way in which judges determine guilt in civil proceedings. Moreover, we will try to identify the consequences of moral, economic and legal aspects of theoretical analyzed cognitive error.

Keywords: hindsight bias, cognitive bias, liability for damages, cognitive psychology, civil law, legal philosophy

Language: Polish

Published: Number 2(11)/2015, p. 131-141.

Download file: Download

Number of downloads: 610

Journal infrastructureISSN 2082-3304Open accessCC BY 4.0Crossref DOIDOAJ