Search Results for: categorization

Legal Status of Animals in the Context of Their Biological Categorization

Mgr Michał Janowski

University of Łódź

English abstract: Polish legal regulations protecting animals are inconsistent. The Act of 21 August 1997 on Animal Protection and the Act of 15 January 2015 on the Protection of Animals Used for Scientific or Educational Purposes accord protection to different categories of animals. These regulations should be harmonized due to the underlying values. In addition, the current model of animal protection in Poland requires consideration. Polish regulations protecting animals have not been preceded by a reflection on the special features of some groups of animals. In particular, Polish law does not take account of the fact that some animals have higher cognitive functions, including non-linguistic ability to recognize themselves – awareness of self. The article characterizes the phenomenon of animal self-awareness, which should be relevant in discussions on the legal status of some animals.

Keywords: legal status of animals, awareness of self, animal protection

Language: Polish

Published: Number 4(25)/2020, pp. 29-41.

DOI: https://doi.org/10.36280/AFPiFS.2020.4.29

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Number of downloads: 695

Issue 4/2020 of „Archiwum Filozofii Prawa i Filozofii Społecznej” is now available

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”, the journal of the Polish Section of IVR, published in Polish, fully in open access. The issue includes following papers:

Mgr Weronika Adamska: State of Exception in the Philosophy of Law. An Attempt at a Definition
Dr Tomasz Barszcz: On Beauty in a Lawyer’s Work
Mgr Michał Janowski: Legal Status of Animals in the Context of Their Biological Categorization
Prof. UŁ dr hab. Jerzy Leszczyński: Law and Morality from the Legal Point of View: Particular Morality and Cooperative Morality
Prof. dr hab. Andrzej Malinowski: In the Margins of the Concept of the Language of Legal Norms
Prof. UR dr hab. Grzegorz Maroń: References to Schools of Legal Thought in the Justifications of Judgments of Polish Courts
Prof. dr hab. Zygmunt Tobor, Dr Mateusz Zeifert: Linguistic Corpora as a Tool of Statutory Interpretation: American Theory and Practice
Prof. UAM dr hab. Michał Wendand: Natural Law Within the Radical Enlightenment
Dr Wojciech Wojtyła: From Person to Community. The Theory of Participation According to Karol Wojtyła

The issue also features a review by mgr Mateusz Wojtanowski of Rafał Mańko’s book on the critical philosophy of adjudication – and a reply by the author himself.

The issue is available HERE.

Number 4(25)/2020 [PL]

Articles:

Mgr Weronika ADAMSKA
State of Exception in the Philosophy of Law. An Attempt at a Definition

Dr Tomasz BARSZCZ
On Beauty in a Lawyer’s Work

Mgr Michał JANOWSKI
Legal Status of Animals in the Context of Their Biological Categorization

Prof. UŁ dr hab. Jerzy LESZCZYŃSKI
Law and Morality from the Legal Point of View: Particular Morality and Cooperative Morality

Prof. dr hab. Andrzej MALINOWSKI
In the Margins of the Concept of the Language of Legal Norms

Prof. UR dr hab. Grzegorz MAROŃ
References to Schools of Legal Thought in the Justifications of Judgments of Polish Courts

Prof. dr hab. Zygmunt TOBOR, Dr Mateusz ZEIFERT
Linguistic Corpora as a Tool of Statutory Interpretation: American Theory and Practice

Prof. UAM dr hab. Michał WENDLAND
Natural Law Within the Radical Enlightenment

Dr Wojciech WOJTYŁA
From Person to Community. The Theory of Participation According to Karol Wojtyła

Reviews and discussions:

Mgr Mateusz WOJTANOWSKI
Removing a Spell by Spell? Some Remarks Regarding Rafał Mańko’s Monograph on the Critical Philosophy of Adjudication

Dr hab. Rafał MAŃKO
A Judge Between the Reality of the Political and Ethical Imperatives: A Reply to the Review by M. Wojtanowski

A Judgment of the Court of Justice of the European Union from the Perspective of Cognitive Theory of Prototypes: A Case Study

Dr Mateusz Zeifert

University of Silesia in Katowice

English abstract: Interpretative doubts in the application of law are usually born of discrepancies between the statutory language and the non-linguistic reality. Therefore, they pose the problem of categorization. The theory of law and legal practice have for centuries been dominated by the classical theory of categorization, according to which conceptual categories can be described by a set of sufficient and necessary features. In the 1970s, an American researcher Eleanor Rosch conducted a series of psychological experiments that led her to question the classical theory and lay the foundations for an alternative one, known as the prototype theory. According to this approach, conceptual categories are organized around the most typical exemplars (prototypes), and membership of a category is measured by similarity to the prototype. Some of the consequences of such view are that category membership is a gradable feature and that the borderlines of categories are fuzzy. The article presents an outline of the prototype theory in the version used in cognitive linguistics. Its usefulness for the theory and practice of statutory interpretation is tested on the basis of the judgment of the Court of Justice of the European Union regarding the concept of beer. In this judgment, the CJEU refused to define the concept of beer by setting requirements as to its raw material composition and ruled that beer is a product that has organoleptic characteristics of beer. This definition on the basis of classical theory appears to be tautological, however, it finds theoretical justification in the prototype theory. In conclusions, the author indicates research problems that must be taken up in order for the prototype theory to be reliably used in jurisprudence.

Keywords: categorization, semantics, prototype theory, statutory interpretation

Language: Polish

Published: Number 2(23)/2020, pp. 109-120.

DOI: https://doi.org/10.36280/AFPiFS.2020.2.109

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Number of downloads: 668