Archiwum Filozofii Prawai Filozofii Społecznej

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

IVRwww.ivr.org.pl

Search Results for: international society

Separate and Dissenting Judicial Opinions and Their Significance for a Democratic Society. Reflections Against the Background of Polish Law

Joanna Misztal-Konecka

John Paul II Catholic University of Lublin, Poland

English abstract: In most legal systems, the administration of justice in complex and difficult cases is, entrusted to panels composed of multiple judges. In practice, rarely does it happen that this designated group of judges is required to reach a unanimous decision. The subject under scrutiny in the article is the issue of the possibility and significance of disclosing the fact that the judgment was not reached unanimously, along with the rationale that the judge(s) pursued in opposing the majority position. The analysis of this issue requires reaching not only for the legal dogmatic method, but also the legal comparative and axiological methods. The presented research leads to the conclusion that legislators (although not in all countries and not in all international organizations) are increasingly open to allow for the disclosure to the parties and the public of the fact that not all judges voted for a particular decision, along with the reasons for the dissenting position. Despite several objections to the institution of dissenting opinion (votum separatum) connected with undermining the authority of the court and the judgment issued, it turns out that democratic society, which values transparency and the power of substantive arguments, approves of this institution. Dissenting opinion safeguards the judge’s right to express their view, as well as the right of the parties and the public to know the reasons for an alternative solution, including their creative use for the benefit of the judiciary and legal science. Consequently, one can claim that dissenting opinions and the reasons for them constitute a crucial factor in shaping the perceptions of justice.

Keywords: dissenting opinion, democratic society, administration of justice, authority of judicial decisions, justification of the acts of applying the law

Language: English

Published: Number 2(35)/2023, pp. 43-52.

DOI: https://doi.org/10.36280//AFPiFS.2023.2.43

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Number of downloads: 307

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Liberty – Equality – Fraternity, or Rudolf Steiner’s Concept of Threefold Society

Prof. UMK dr hab. Marta BARANOWSKA

Mikołaj Kopernik University in Toruń

English abstract: The research objective of the article is to present Rudolf Steiner’s concept of threefold society, as well as to attempt to indicate whether the ideas he raised have a place in the contemporary discourse in social and political philosophy. The research questions to be asked in this context are: is it possible to include Steiner’s views in a specific ideology? Did he consider it possible to realize the ideas of liberty, equality, and fraternity in social life? How did he perceive the relationship between the individual and the community? Achieving the research goal requires analysing and interpreting Steiner’s writings and analysing the scientific literature devoted to this issue. First of all, he believed that the three ideas: liberty, equality, fraternity, are impossible to implement when the social organism is treated as an integral whole. The original solution to this problem was to suggest dividing the social organism into three parts. Each part would implement one of these ideas. The spiritual sphere would be based on freedom from influence of the state and the economy, while the economic sphere would be based on brotherhood and not on the liberal egoistic desire to get rich or on the socialist pursuit of equality. In this context, he also presented a concept that resembles basic income, an idea raised more and more often in contemporary social philosophy. Finally, the political sphere would be based on democratic equality. Steiner emphasized that he was not creating a new ideology because a permanent social order would never be possible. He also introduced an original solution to social philosophy, pointing out that life is not an integral whole and has different aspects. Different priorities can be considered in each of them, which will result in an optimal solution to the individual-community paradox.

Keywords: Rudolf Steiner, threefold social order, anthroposophy, liberty, social philosophy, unconditional basic income, law

Language: Polish

Published: Number 1(34)/2023, pp.5-17

DOI: https://doi.org/10.36280//AFPiFS.2023.1.5

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Number of downloads: 428

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Ronald Dworkin’s Philosophy of International Law

Dr Tomasz Widłak

University of Gdańsk


Abstract: During his academic career Ronald Dworkin did not show much interest in the fundamental philosophical questions on international legal issues. This had changed towards the end of his life when he wrote an article titled „A New Philosophy for International Law” published posthumously. The aim of this article is to summarise the key arguments of Dworkin’s approach, address some of its critics as well as to suggest the possibility of further development of this discussion in the context of current global constitutionalism. In the first part, three thesis of Dworkin’s approach are reconstructed. The first one claims that international law requires interpretative understanding which should be grounded in the political morality of the international community. The second thesis can be formulated as follows: the legitimacy of political power at the national and international levels is uniform. The third thesis demands the implementation of the principle of salience in international law as the basic structural principle. After discussing critically Dworkin’s theory, in second part the article proposes a constitutional interpretation of the new philosophy for international law. Two conditions of global constitutionalism have to be satisfied by the theory in order to consider it as a constitutionalist approach. The first condition is the primacy of individual rights and second is the primacy of constitutional norms within the system. The conclusion is that the conditions are satisfied for Dworkin’s new philosophy of international law and his principle of salience is in fact a deeply constitutional arrangement based on moral justification. Dworkin’s proposal constitutes only a rough sketch, however there is a potential for developments. Lawyers and philosophers have at least an intellectual responsibility for building new viable theoretical models for international law.

Keywords: Ronald Dworkin, international law, international society, principle of salience, global constitutionalism, constitutionalization of international law, international legal theory, global law

Language: Polish

Published: Number 1(12)/2016, p. 64-77.

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Number of downloads: 537

Spencer and Kropotkin: Two Takes on Evolutionary Sources of Social Norms

dr Łukasz Mirocha

Pomeranian University in Słupsk

English abstract: The article aims to present and discuss two different views on the evolutionary sources of social norms. The views under study were delivered by famous nineteenth-century philosophers, Herbert Spencer and Peter Kropotkin. The former is usually linked with so-called social Darwinism, and the considerations in the article show why this label can be misleading. The latter represents so-called Russian evolutionism, whose distinctive trait is stressing animals’ cooperative behaviours rather than their competition. In the article, I assert that Charles Darwin’s thoughts should be considered a reference point for any discussion concerning the evolutionary sources of morality. Thus, a brief presentation of Darwin’s views precedes considerations devoted to Spencer and Kropotkin. The analysis in the article shows crucial similarities and differences between Spencer and Kropotkin in terms of their views on evolution and their social views. Spencer appears as a Lamarckian advocate of a minimal state, who sees competition and rivalry as natural to society. Kropotkin subscribes to the Darwinian approach and, being a fierce critic of the state, believes that abandoning it will reveal humans’ natural goodness.

Key words: origins of morality, evolutionary approach, survival of the fittest, mutual aid, social Darwinism, Lamarckism

Language: english

Published: Number 1(46)/2026, pp. 96–111.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.96

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Number of downloads: 114

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Denying communist crimes: Selected problems

Dr Marek Derlatka

University of Zielona Góra

English abstract: The offence described in Article 55 of the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes Against the Polish Nation is commonly known as the Auschwitz lie, although it also includes the denial of communist crimes. The aim of my study is to analyze the basic matters relating to the offence known as hate speech in relation to “distortions of communism”. The truth about the Katyn massacre was preserved in Polish society despite Stalinist terror and communist fabrications. The right to historical truth, or the right to decree one acceptable vision of the past, the freedom of speech and the freedom of scientific research, can these values be reconciled? Answers to such questions are urgently sought, but, as is often the case in the area of conflict between different types of freedom, they may give rise to many controversies.

Keywords: communist crime, denial, right of memory, national identity

Language: Polish

Published: Number 3(44)/2025, pp. 95-106.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.95

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Number of downloads: 196

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Information Civilization and the Law: Significance of Limiting Factors. Introductory Insights

Dr Paweł Kłos

Maria Curie-Skłodowska University, Lublin

English abstract: The primary aim of this text is to show the specificity of Central European constitutionalisation after the fall of communism. Its peculiarity lies in the systemic search for the legitimacy of new communities in the experience of the past. This specificity will be examined within the framework of a consideration of the contemporary understanding of the Central Europe concept. This is particularly necessary in the light of attempts to combine (in this area) the universal values of the Western world with references to communitarian elements, usually national. The main idea of the following text is to identify the hybrid character of Central European political communities. This is because, at the moment of constitutionalisation, they decided to merge national and liberal-democratic values.

Key words: Information civilization, information society, law, logic, communication.

Language: English

Published: no. 1(42)/2025, pp. 23-39.

DOI: https://doi.org/10.36280/AFPiFS.2025.1.23

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Number of downloads: 246

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Legal and Political Positivism – Uberto Scarpelli’s Concept

Dr Karol Gregorczuk

The University of Gdańsk

English abstract: Unlike most representatives of legal positivism, one of Scarpelli’s main assumptions was to transfer reflection on positivism from the sphere of science to the sphere of politics. The legal system is a human activity, and as such it must be considered through norms, assessments and values. Normative statements are formulated from an internal point of view (according to Hart), which requires prior involvement of a given person and the adoption of a specific critical and reflective attitude towards legal rules. Legal activity consisting in the reconstruction, systematization and interpretation of norms essentially serves to express the political will of society organized into a modern state. This political will expressed through positive law is understood as shaped by values, choices, programs and orders of behavior which, expressed in a certain way, can, under certain conditions, be attributed to the entire society, can be considered as the general will of a politically organized society. Law is the result of purposeful activity of entities equipped with legislative competences, which thus pursue specific political goals.

Keywords: Scarpelli, positivism, political, legal, norms

Language: Polish

Published: nr 4(41)/2024, pp. 104-112.

DOI: https://doi.org/10.36280/AFPiFS.2024.4.104

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Number of downloads: 241

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State Commission for Counteracting Sexual Abuse of Minors under the Age of 15 as a Form of Satisfying the Sense of Public Justice

Dr Michał Służalec

University of Jan Długosz in Częstochowa

English abstract: The article discusses the actions of the State Commission for Counteracting Sexual Abuse of Minors under the Age of 15, in relation to the public sense of justice. Its aim is to determine whether the regulations adopted in statutory law indeed implement the principle of public sense of justice, as well as whether this principle constitutes an argument in favour of applying new solutions concerning acts committed prior to the date of its entry into force. The research assumptions necessitated an exploration of the meaning of the public sense of justice, as well as justice itself, in conjunction with the response (of the society/state) to human actions. The chosen thematic area has not been previously addressed in legal scholarship, and controversies regarding the instruments available to the Commission should be juxtaposed with its fundamental premise, namely, satisfying the public sense of justice. The article confines itself to juxtaposing the values connected with public justice in the context of selected competencies carried out by the Commission.

Keywords: public sense of justice, Pedophilia Commission, State Commission for Counteracting Sexual Abuse of Minors under the Age of 15

Language: Polish

Published: Number 1(38)/2024, pp. 60-70.

DOI: https://doi.org/10.36280/AFPiFS.2024.1.60

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Number of downloads: 280

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Friedrich A. Hayek’s Evolutionary Concept of Law: Essence and Topicality

Jakub AUGUSTYNIAK

University of Warsaw

English abstract: The paper aims to present the concept of law proposed by F.A. Hayek in Law, Legislation and Liberty. Hayek’s theory is subsequently compared to G. Radbruch philosophy of law, mainly because of the significant difference in both thinkers’ intellectual backgrounds (i.e., liberalism and socialism). The Austrian philosopher’s theory is identified as a so-called third way proposal, an attempt to demonstrate lack of antagonism between positivism and legal naturalism. This thesis results from the fact that this theory is based on the dichotomy
between two sources of law in the form of established social practice subsequently sanctioned by the sovereign, referred to as nomos, and thesis in the form of legal instruments adopted by competent authorities. The first kind are correlated with private law in the broad sense, which law emerged from the activity of individual members of the society. The second kind should only establish norms to enable the state to operate and to safeguard nomos.

Keywords: nomos, thesis, philosophy, law, justice, society

Language: Polish

Published: Number 4(37)/2023, pp. 5-14.

DOI: https://doi.org/10.36280/AFPiFS.2023.4.5

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Number of downloads: 424

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Reflections on the Dynamism and Deliberativeness in the Interpretation of Law on the Example of Cases Concerning LGBTQ+ Rights

Prof. UŁ dr hab. Bartosz Wojciechowski

University of Łódź

English abstract:  The article illustrates the numerous contexts and the multifaceted nature of the LGBTQ+ persons’ rights to citizenship, to have a correct civil status record, or to benefit from tax reductions or exemptions of on the same terms as other citizens, e.g., those in heterosexual unions. It shows how complicated it has become to adjudicate on matters that, in view of the subject-matter of regulation, should be relatively clear and predictable. Reflective interpretation of law makes it possible to take into account its non-eliminable changeability, as well as the fluidity of meaning of terms and phrases used in legal texts – factors which oblige the interpreter to refer to extra-linguistic contexts of interpretation, i.e., to functional and systemic arguments. The author considers that it is not possible to reach an adequate understanding of the current legal context without analysing the social and cultural context, especially when
considering pluralism of values as the modus vivendi of a democratic society.

Keywords: deliberativeness, LGBTQ+, fundamental rights, identity, hard cases, interpretation of law

Language: Polish

Published: Number 4(33)/2022, pp. 21-38

DOI: https://doi.org/10.36280/AFPiFS.2022.4.21

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Number of downloads: 485

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