Archiwum Filozofii Prawai Filozofii Społecznej

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

IVRwww.ivr.org.pl

Liberal and Conservative Ideas in Ordoliberalist Thought

Michał Pawłowski

University of Warsaw

Abstract: This article presents the main characteristics of a group of German economists called ordoliberals. In the proposed economic solutions, they show strong inclinations towards liberal movements, however, many conservative ideas are visible, too. An assessment of the impact of these two currents is the main aim of this article. Following a discussion of ordoliberal ideas, they are investigated in detail in order to find the conservative and liberal elements. Scientific methods applied here involve comparing the s olutions to selected problems proposed by ordoliberals and by other orthodox conservative and liberal movements. The analysis leads to the conclusion that ordoliberals are much closer to conservatism than liberalism. It mostly results from their axiology and the foundations of their system. However, it is not ‘pure’ conservatism – liberalism also matters here, but from this point of view, it is only of secondary importance.

Keywords: ordoliberalism, spiritual crisis, order, liberty, market economy

Language: Polish

Received: 12.05.2017
Accepted: 27.07.2017

Published: Number 2(17)/2018, pp. 102-111.

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Number of downloads: 362

Political, Moral or Criminal? Reflections on Guilt Based on Karl Jaspers’ Theory

Mgr Justyna Jezierska

University of Wrocław

Abstract: This article concerns guilt as a concept which lies at the intersection of law and philosophy. My reflections are founded on Karl Jaspers’ lectures entitled The Question of German Guilt. Jaspers distinguished four types of guilt: criminal, political, moral, and metaphysical. This distinction was made immediately after the Second World War, during the Nuremberg trials, when the problem of the German guilt was widely debated – both by the Allies, the victors, and in the German society. What is superimposed on this distinction is the issues of collective and individual guilt. A clear demarcation was intended (according to the philosopher himself) to clarify these issues and to come to the truth. My task in this text was to present Karl Jaspers’ guilt theory, to explain its ambiguous fragments, to challenge the objections against this theory, and to attempt to apply it to the Polish discussion about lustration.

Keywords: guilt, political responsibility, collective guilt, individual guilt, lustration, memory studies

Language: Polish

Received: 17.09.2017
Accepted: 10.10.2017

Published: Number 2(17)/2018, pp. 90-101.

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Number of downloads: 496

Rights – Person – Death. Part 1: Around Daniel Sperling’s Theory

Maksymilian Hau, Stanisław Jędrczak

University of Warsaw

Abstract: This article is divided into two parts. In the first part, presented here, we present arguments for the concept of post-mortem interests. Post-mortem interests are understood as events that constitute a detriment or a benefit or to the deceased person, a person who no longer exists. A right is an interest of the person recognized and protected by law. In the second part, which will be published shortly, we examine the possibility of applying and the actual application of the theory of post-mortem interests in the Polish legal system. We address the following issues: medical confidentiality, protection of medical data after the patient’s death, author’s moral rights, protection of the memory of the deceased, the law on orders and decorations, and the legal status of human corpses. The theoretical background for this article was the book by Daniel Sperling Posthumous Interest, in which the author outlined the problem discussed in the perspective of the common law regime.

Keywords: death, person, interests of the deceased, human being, bioethics, protection of the memory of the deceased

Language: Polish

Received: 24.06.2017
Accepted: 28.09.2017

Published: Number 2(17)/2018, pp. 75-89.

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Number of downloads: 385

Ensuring Independence in the Regulation of Professional Advocates’ Ethics in the Russian Federation and in the Republic of Poland

Dr Georgii Sibirtsev

Voronezh State University

Abstract: Unfortunately, today there is little Russian (and Polish) research dedicated to the analysis of the professional legal ethics in the Russian Federation and in the Republic of Poland. Nevertheless, this area of scientific research could be very useful for both countries because of the common history of these states. The article examines the existing research on the advocate’s independence in Russia and Poland, while providing an attempt to compare the methods of legal regulation of qualified legal assistance introduced at the present stage.

Keywords: comparative law, the bar, qualified legal assistance, legal guarantees of advocates’ activity, legal ethics, independence of advocates’ activity

Language: English

Received: 20.01.2017
Accepted: 16.12.2017

Published: Number 2(17)/2018, pp. 112-119.

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Number of downloads: 377

Legal Narrative and Legal Disagreement

Mgr Marta Dubowska, Dr hab. Adam Dyrda

Jagiellonian University in Kraków

Abstract: What is the relationship between general legal theories and legal narratives? In this paper we aim to problematise this relationship in the context of different legal disagreements. As we see it, the Dworkinean category of “theoretical disagreement”, which basically refers to the phenomenon of disagreement “about the grounds of law” (between different general legal theories) is not sufficient to cover all substantial disagreements that appear in legal practice. Thus, we propose a category of “narrative disagreement” which has a wider scope. Eventually, we discuss the thesis of a possible equality of legal theories, as well as legal narratives, which we understand as an inevitable consequence of the relationship between legal theories/narratives and a special type of evidence on which they both rely: truisms about the law that laymen and/or legal professionals generally share.

Keywords: general legal theories, legal disagreement, theoretical disagreement, narrative disagreement, legal narrative, legal truisms

Language: English

Received: 26.12.2017
Accepted: 26.01.2018

Published: Number 2(17)/2018, pp. 47-59.

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Number of downloads: 460

The Philosophy of Law in Modern Russia

Prof. dr Marina Dawidowa

Volgograd State University

Abstract: Modern Russian philosophy of law is under the great influence of Soviet theory of state and law. The article shows its development from the beginning of the XX century, dividing this period into 6 main stages according to the historical, political and scientific changes in the country. Most attention is paid to the modern trends and personalities.

Keywords: Russia, Russian philosophy of law, Russian theory of law, theory of state and law, Russian law, Russian jurisprudence

Language: Polish
Translation: Tomasz Grzybowski

Received: 15.04.2018
Accepted: 13.06.2018

Published: Number 2(17)/2018, pp. 5-17.

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Number of downloads: 373

A Few Questions Concerning Photographs in Court Decisions

Dr Michał Dudek

Jagiellonian University in Kraków

Abstract: The aim of this article is to discuss the infrequent, but noticeable, practice of inserting photographs in court decisions. Against the background of the few existing studies on this practice, which seem to be overly case-specific, this article proposes a more general, even universal list of problems connected with it. It addresses a short list of questions about the inclusion of photographs in court decisions, such as, for instance: “Why do judges include in court decisions photographs concerning the case-relevant facts?”; “Who are the addressees of these photographs?”; “What is the source of the photographs used and are all sources allowable?”; and “How come that some segments of court decisions are accompanied by relevant photographs and others are not?”. A discussion of these and other questions enables the conceptualisation of many problems connected with inserting photographs in court decisions – most notably, that of the criteria of choice, which previously has not been explicitly addressed, but barely hinted at – and leads to the conclusion that the practice in question, surrounded by many controversies, should be discontinued.

Keywords: law, visuality, court decisions, photographs

Language: English

Received: 19.01.2017
Accepted: 29.09.2017

Published: Number 2(17)/2018, pp. 60-74.

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Number of downloads: 435

The Revolutionary Political Philosophy of Ayn Rand

Dr Sławomir Drelich

Nicolaus Copernicus University in Toruń

Abstract: Ayn Rand is generally considered a libertarian, although she never claimed to belong to this movement. Undoubtedly, she was best known for promoting liberal and capitalist ideas. The author of this paper argues that Rand’s philosophical and political concepts can be described as revolutionary. The purpose of this text is to prove it by pointing to the manifestations of revolutionism in Rand’s works, ideas and concepts. The author distinguishes five different aspects through which her revolutionism is expressed. These are: (1) the antimystical aspect; (2) the anthropological aspect; (3) the social aspect; (4) the political aspect, and (5) the economic aspect. Such wide-ranging revolutionism makes some researchers and commentators recognize Rand’s thought as a manifestation of utopian thinking.

Keywords: objectivism, libertarianism, philosophy of politics, liberalism, revolutionism

Language: English

Received: 31.10.2017
Accepted: 27.03.2018

Published: Number 2(17)/2018, pp. 35-46.

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Number of downloads: 455

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