Patryk Kupis – Page 2

No Thoughts Barred: In Defence of (Nearly) Absolute Academic Freedom

Mgr Przemysław Rybiński

University of Wrocław

English abstract: There is no agreement as to whether academic freedom is a variation (perhaps a subset) of freedom of speech – which is individual in its character and which governs a person’s relations with other persons and with the state – or a cluster of rules unlike freedom of speech, which has a different origin and which is enjoyed by the academic community as a whole. Irrespective of which of these claims is true, some concepts that originated in US case law on the First Amendment to the Constitution of the United States may well be imported to the discourse on the scope of academic freedom held within the civil law tradition. In light of both the functionalist and natural law positions on the nature of freedom of speech, this article argues three points about the normative environment of academia: first, academic freedom (freedom of research, freedom of teaching) is rooted in natural human curiosity and urge to communicate; second, the error-correcting features of the scientific method are consistent with self-correcting features observed in static normative systems such as systems of professional ethics in professions of public trust; third, any normative environment of the academia must conform with the notions of content neutrality and a marketplace of ideas. These points suggest that academic freedom cannot be subject to limitations, whether external (relating to law, scoring systems or funding) or internal (relating to non-merit based themes of discourse).

Key words: freedom of speech, academic freedom, content neutrality, marketplace of ideas, ethics

Language: polish

Published: Number 4(2025), pp. 112–124.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.112

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On Academic Freedom. Commentary on Ronald Dworkin’s Approach

Dr Paweł Jabłoński

University of Wrocław

English abstract: Academic freedom of expression today is caught in the crossfire of many intense culture wars. Traditional liberal defences of free expression and freedom of speech seem to be insufficient. This paper argues that we need a fresh theoretical lens to understand and solve these conflictual situations in which university teachers often find themselves. Adopting an analytical and philosophical approach grounded in legal theory, my paper uses Stanley Fish’s neopragmatist, anti-foundationalist framework to reconceptualize academic freedom of expression. The central thesis of my article is that academic freedom is not an absolute individual right to say anything one pleases but a context-bound freedom defined by academia’s internal norms and purposes. In contrast to liberal theories that invoke universal principles, such as Mill’s “marketplace of ideas” or broad “First Amendment” rights, Fish’s perspective insists that all speech is constrained by its interpretive community. This paper critically evaluates liberal justifications for free academic expression, showing how these rely on abstract foundations that Fish’s neopragmatism calls into question; it reconstructs a Fishian account of academic freedom based on “professional correctness,” the idea that scholars are free only to the extent that their different forms of expression are coherent with the specific professional objectives and standards of scholarly inquiry.

Key words: Ronald Dworkin, academic freedom, freedom of speech, academic teacher, culture of independence

Language: polish

Published: Number 4(2025), pp. 96–111.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.96

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Academic Freedom on the Frontlines of Culture Wars: Stanley Fish and the Freedom of Expression of a University Teacher

Dr Jakub Łakomy

University of Wrocław

English abstract:Academic freedom of expression today is caught in the crossfire of many intense culture wars. Traditional liberal defences of free expression and freedom of speech seem to be insufficient. This paper argues that we need a fresh theoretical lens to understand and solve these conflictual situations in which university teachers often find themselves. Adopting an analytical and philosophical approach grounded in legal theory, my paper uses Stanley Fish’s neopragmatist, anti-foundationalist framework to reconceptualize academic freedom of expression. The central thesis of my article is that academic freedom is not an absolute individual right to say anything one pleases but a context-bound freedom defined by academia’s internal norms and purposes. In contrast to liberal theories that invoke universal principles, such as Mill’s “marketplace of ideas” or broad “First Amendment” rights, Fish’s perspective insists that all speech is constrained by its interpretive community. This paper critically evaluates liberal justifications for free academic expression, showing how these rely on abstract foundations that Fish’s neopragmatism calls into question; it reconstructs a Fishian account of academic freedom based on “professional correctness,” the idea that scholars are free only to the extent that their different forms of expression are coherent with the specific professional objectives and standards of scholarly inquiry.

Key words: academic freedom, freedom of expression, culture wars, Stanley Fish, university teacher

Language: English.

Published: Number 4(2025), pp. 77–95.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.77

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The Academic Teacher in Times of Rule of Law Crisis. The Dynamics and Prospects, on the Example of Academic Lawyer Teachers

Dr hab. Sławomir Tkacz, prof. UŚ, Dr hab. Aleksandra Wentkowska, prof. UŚ

University of Silesia in Katowice

English abstract: One of the most important issues recently addressed in the literature is the threat to democracy and the rule of law. It is pointed out that the necessity of verifying the role and tasks of key political institutions, primarily the state, is determined by the nature and dynamics of changes occurring in the modern world. The issue of threats to democracy and the crisis of the rule of law has frequently been discussed in Polish theoretical and doctrinal legal works produced after 1926. Authors such as Sz. Rundstein and Sz. Starzewski often raised concerns about the dangers associated with phenomena referred to as “anti-constitutional tendencies.” Their published studies addressed both internal threats and the dangers arising from the formation of fascist states and the Soviet state. The findings made at that time remain highly relevant today. Therefore, in the context of the challenges faced by legal practice and legal science today, it seems justified to recall the conclusions formulated nearly 100 years ago.

Key words: Fascism, democracy, rule of law, total state, authoritarianism, civil rights, Nazi and Soviet totalism

Language: polish

Published:Number 4(2025), pp. 58–76.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.58

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Between Protection and Restriction: Academic Freedom in the Case Law of Turkish Administrative Courts Through the Lens of Frederick Schauer

Dr. Muhammet Koçakgöl

Social Sciences University of Ankara

Dr. Olcay Karacan

Cukurova University

English abstract: The question of freedom of expression involves more than just the ability to voice an idea; it also encompasses the broader context in which such expression emerges. Nevertheless, in legal discussions the focus is often narrowed to the boundaries of what may or may not be said. These discussions frequently remain confined within a binary framework of restriction versus protection, primarily through legal instruments, and seldom move beyond this limited perspective. In line with Schauer’s view, the legal approach tends to classify and reach definitive judgments “by its very nature”. Yet, as Schauer himself underlines, this does not mean that freedom of expression and/or academic freedom is valuable solely for its own sake. Schauer’s framework, therefore, offers a way to move past the confines of strictly legalistic debates. He provides not only a legal but also a philosophical basis for examining how expression is either restricted or protected.

This article does not attempt to explore the entirety of Schauer’s arguments on freedom of expression. Instead, it concentrates on evaluating how the Turkish administrative judiciary approaches academic freedom of expression, particularly from the point of view of the tension between restriction and protection. The central question it addresses is: What are the protective and restraining dynamics shaping academic freedom of expression in the case law of Turkish administrative courts, especially in the context of the Academics for Peace? Drawing on Schauer’s analysis of the instrumental function of expression and the institutional limits placed on academic freedom, the article argues that the core issue lies not only within the judiciary but also in structural constraints, such as universities and academic hierarchies, that may foster self-censorship.

Keywords:freedom of expression, academic freedom, Frederick Schauer, Turkish administrative judiciary, Academics for Peace, self-censorship

Language: English.

Published: Number 4(2025), pp. 46–57.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.46

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Freedom of Academic Debate: For All or for the Chosen Ones? Students’ Attitudes Towards Freedom of Speech Limits for Academics

Mgr Ewa Ilczuk, Mgr Andrzej Porębski

Jagiellonian University

English abstract: The results show that students relatively commonly demand that such persons be dismissed from the university or banned from academic activities: application of the harshest consequences was proposed at least once by 38% of respondents. The survey also showed that the respondents’ worldview had a key influence on their decisions: when it was in line with the worldview described in the story, respondents were much more accepting. Meanwhile, neither gender, age, nor the declared value attributed to freedom of speech were significant predictors of acceptance. The obtained results significantly contribute to the discussion about contemporary trends in freedom of speech restriction in academia. They should be taken into account when planning actions aiming at safeguarding academic freedoms. They can also help better understand the sources of academic punitiveness and draw attention to the risks associated with its subjective nature.

Keywords: academic debate, freedom of speech, academic freedom, cancel culture, punitiveness, worldview

Language: polish

Published: Number 4(2025), pp. 21–45.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.21

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Freedom of Speech of an Academic Teacher: Some Conceptual Clarifications and a Landscape of Challenges

dr Paweł Jabłoński, prof. dr hab. Przemysław Kaczmarek, dr Mateusz Wojtanowski

University of Wrocław

English abstract: In presenting this special issue of the “Archiwum Filozofii Prawa i Filozofii Społecznej. Journal of the Polish Section of IVR”, we would like not only to briefly introduce the contents of the individual articles that make up this volume but also to attempt to outline the field of research we are entering. We pursue these tasks in the following order. In the introductory section (1) we present the reasons why it is important and necessary today to address the titular issue. Next, we clarify the notion of the “academic teacher” (2). We then discuss the relationship between “freedom of speech” and “academic freedom”, noting that the relation is far less obvious than it might initially appear (3). Subsequently, we propose a division of the spheres of academic expression into three complementary areas, while emphasizing the preliminary and provisional nature of this distinction (4). In the next section (5) we outline one of the core disputes in the field of academic freedom, namely the opposition between activism and passivism. The final section (6) reviews the content of the articles included in this volume.

Keywords: freedom of speech, academic teacher, academic freedom

Language: English

Published: Number 4(2025), pp. 5–20.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.5

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Bartosz Wojciechowski, Tożsamość narracyjna jako warunek autentycznej podmiotowości prawnej [Narrative Identity as a Condition for True Legal Subjectivity], series: Jurysprudencja [Jurisprudence], t. 21, Wydawnictwo Uniwersytetu Łódzkiego, Łódź 2023, pp. 180

Dr Joanna M. Dutka

Adam Mickiewicz University in Poznań

Keywords: Identity, philosophical narrativism, legal personhood, philosophy of law, minority rights, LGBTQ+ rights.

Language: Polish.

Published: No. 1(42)/2025, pp. 112-118.

DOI: https://doi.org/10.36280/AFPiFS.2025.1.112

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Pygmalion’s Digital Dream: An Outline of Philosophical and Legal Issues of Human Digital Twins on the Example of Medical Applications

Dr hab. Tomasz Widłak, prof. UG

University of Gdańsk

English abstract: The aim of the article is to present a synthesis of the technological and social framework of the new, disruptive technology of human digital twins (HDT) and to outline the most important philosophical and legal issues related to it. The latter include ontological and phenomenological aspects in relation to the problem of legal personality and the status of HDT. Due to the universality of the technology and the breadth of issues related to it, the scope of the discussion was limited to examples of the use of technology in health care and medicine. The article presents the possibilities and threats of using HDTs in this area. Selected, most important examples of potential ethical and legal problems posing a challenge to future and current regulations in areas such as privacy and data protection, data quality and ownership, and patient autonomy were also analyzed. The conclusions of the article, point that the changes resulting from this disruptive technology go beyond purely practical aspects and touch the philosophical foundations of the legal order. HDT technology itself, at its early stage of development, does not clearly determine the direction of evolution of legal humanism paradigm towards inclusive posthumanism or technological transhumanism. The need to consider the phenomenological perspective of the HDT experience was emphasized. It may become the most important factor determining possible conceptual changes in law and jurisprudence. In addition to the discussion, the article provides an extensive review of the existing computer science literature on HDT. There have been no studies on the issue of HDT from the perspective of jurisprudence in the legal literature so far.

Key words: Human digital twin, personalized medicine, artificial intelligence, new technology law, medical law, transhumanism, digital clone.

Language: Polish.

Published: no. 1(42)/2025, pp. 93-111.

DOI: https://doi.org/10.36280/AFPiFS.2024.4.93

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Number of downloads: 181

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Psychological Competences of Mediators. Selected Aspects of Creative Thinking in the Process of Mediated Conflict Resolution

Dr Martyna Płudowska, Prof. dr hab. Andrzej Sękowski

The John Paul II Catholic University of Lublin

English abstract: In Poland, recent years have seen a significant increase in interest in alternative methods of resolving conflicts and disputes, including mediation. This is not surprising, since treating conflict work as a creative process during which the parties work out a mutually satisfactory solution makes it an attractive alternative to taking a dispute to court. Assuming that for effective mediation, the mediator’s personal predispositions are as important as the knowledge and skills acquired in courses and training, we analyze selected psychological competencies of mediators, taking into account the specifics of the conflict resolution process they support. The article emphasizes the importance of creative thinking and behavior in the mediation process, taking into account the various stages of the process.

Key words: ADR, mediation, conflict, psychological competence of mediators.

Language: Polish

Published: no. 1(42)/2025, pp. 77-92.

DOI: https://doi.org/10.36280/AFPiFS.2024.4.77

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Number of downloads: 186

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