Archiwum Filozofii Prawai Filozofii Społecznej

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

IVRwww.ivr.org.pl

Fish – Dworkin debate as an example of dispute about practice of interpretation of law

Dr Michał Pełka

University of Warsaw


English abstract: The aim of the article is to critically asses the theories of interpretation developed by two prominent philosophers, namely Stanley Fish and Ronald Dworkin. After first describing and reconstructing their ideas the paper then identifies problems concerning the stance according to which everything in applying law depends on interpretation. The critic is based on the Ludwig’s Wittgenstein remark that there must be grasping the rule (or more broadly a meaning of any word) which is not interpretation, otherwise we end up in regressus ad infinitum fallacy. Paper’s main claim is that although the theory of R. Dworkin is not fully free from defects it has nevertheless more explanation power than the opponent’s propositions.

Keywords: legal interpretation, meaning, Stanley Fish, Ronald Dworkin, Ludwig Wittgenstein

Language: Polish

Published: Number 2(11)/2015, p. 86-105.

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Number of downloads: 632

Are societies of liquid modernity open societies? Two visions: Karl Popper and Zygmunt Bauman

Dr Krzysztof Sielski


English abstract: The topic of this paper is an attempt to combine two, seemingly very divergent points of view: represented by widely recognized as the postmodernist Zygmunt Bauman and by Karl Popper, who is known as a critical rationalist and a scientist. I’m going to defend the thesis that despite the fact that these thinkers represent so radically different philosophical traditions, one can identify a far-reaching similarity between Bauman’s concept of liquid modernity and Popper’s model of an open society.

Keywords: liquid modernity, Zygmunt Bauman, open society, Karl Popper

Language: Polish

Published: Number 2(11)/2015, pp. 120-130.

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Number of downloads: 425

„L’amie de la liberté”: Benjamin Constant’s considerations about freedom

Prof. dr hab. Sabina Kruszyńska

University of Gdańsk


English abstract: The author of the article by analyzing and interpreting Constant’s texts performs detailed reconstruction of the idea of freedom included in these texts. The author shows a close connection between Constant’s idea of freedom and of ideas developed by the French thinker and politician in his work on religion. Known classifications (made by Constant) between the individual and political freedom and between freedom of the ancient and modern thereby obtain specific philosophical justification.

Keywords: Benjamin Constant, freedom, religion, freedom of the ancient and modern, individual and political freedom

Language: Polish

Published: Number 2(11)/2015, pp. 69-85.

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Number of downloads: 498

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.

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Number of downloads: 638

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.

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Number of downloads: 449

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.

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Number of downloads: 435

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.

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Number of downloads: 368

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