Search Results for: constitutional protection

Issue 1(30)/2022 „Archiwum…”: „Constitution and Values – Yesterday and Today” is available

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR entitled “Constitution and Values – Yesterday and Today”. The issue was edited by prof. UW dr hab. Tatiana Chauvin, and includes the following papers:

Prof. Prof. UW dr hab. Tomasz Stawecki: Piotr Winczorek: Researcher, Teacher and Friend
Szymon A. Gasz, Marek P. Kaczmarczyk: Introduction to the Fidelity to the Constitution
Prof. UMK dr hab. Aleksandra Kustra-Rogatka: Protection of Fundamental Rights as an Argument in the Dispute over the Legitimacy of Judicial Review. Selected Issues
Prof. dr hab. Leszek Leszczyński: General Constitutional Clauses: Between the Legislative Construction and Its Implementation
Dr Wojciech Mojski: Analysis of the Constitutional Crisis from the Perspective of the Constitution’s Axiological Function. Outline of Basic Theoretical Issues
Dr hab. Maciej Pichlak: Polish Disputes Between Populist and Legal Constitutionalism in the Context of Reflexivity of Constitution
Dr Marcin Romanowicz: Instrumentalization of Law and the Constitutional Crisis: Reflection on the Basis of Several Topical Findings of Professor Piotr Winczorek
Dr hab. Anna Rossmanith: The Crisis of Dialogue and Political Community: Philosophical Reflections on the Relationship Between Pluralism, Difference and Dialogue
Dr Paweł Skuczyński: Social Reading of the Constitution of the Republic of Poland versus Constitutional Axiology and Constitutional Social Ontology
Prof. UŚ dr hab. Sławomir Tkacz, prof. dr hab. Zygmunt Tobor: Remarks About the Axiological Dimension of the Polish Constitution of 1997 and Its Interpretation in the Light of Works of Professor Piotr Winczorek

The issue also includes the introduction Constitution and Values – Yesterday and Today: Introduction by prof. UW dr hab. Tatiana Chauvin, and The statement of Presidium of the Association for Philosophy of Law and Social Philosophy – Polish Section of IVR on the aggression of the Russian Federation against Ukraine.

The issue is available HERE.

Number 1(30)/2022 [PL]

Constitution and Values: Yesterday and Today

Constitution and Values: Yesterday and Today. Introduction
(Prof. UW dr hab. Tatiana CHAUVIN)

Articles:

Prof. UW dr hab. Tomasz STAWECKI
Piotr Winczorek: Researcher, Teacher and Friend

Szymon A. GASZ, Marek P. KACZMARCZYK
Introduction to the Fidelity to the Constitution

Prof. UMK dr hab. Aleksandra KUSTRA-ROGATKA
Protection of Fundamental Rights as an Argument in the Dispute over the Legitimacy of Judicial Review. Selected Issues

Prof. dr hab. Leszek LESZCZYŃSKI
General Constitutional Clauses: Between the Legislative Construction and Its Implementation

Dr Wojciech MOJSKI
Analysis of the Constitutional Crisis from the Perspective of the Constitution’s Axiological Function. Outline of Basic Theoretical Issues

Dr hab. Maciej PICHLAK
Polish Disputes Between Populist and Legal Constitutionalism in the Context of Reflexivity of Constitution

Dr Marcin ROMANOWICZ
Instrumentalization of Law and the Constitutional Crisis: Reflection on the Basis of Several Topical Findings of Professor Piotr Winczorek

Dr hab. Anna ROSSMANITH
The Crisis of Dialogue and Political Community: Philosophical Reflections on the Relationship Between Pluralism, Difference and Dialogue

Dr Paweł SKUCZYŃSKI
Social Reading of the Constitution of the Republic of Poland versus Constitutional Axiology and Constitutional Social Ontology

Prof. UŚ dr hab. Sławomir TKACZ, Prof. dr hab. Zygmunt TOBOR
Remarks About the Axiological Dimension of the Polish Constitution of 1997 and Its Interpretation in the Light of Works of Professor Piotr Winczorek

From the life of the Polish Section of IVR:

The statement of Presidium of the Association for Philosophy of Law and Social Philosophy – Polish Section of IVR on the aggression of the Russian Federation against Ukraine

Against Dignity: An Argument for a Non-Metaphysical Foundation of Animal Law

Prof. dr hab. Tomasz Pietrzykowski

University of Silesia in Katowice

English abstract: Animal protection as an emerging field of legislation needs to be constitutionalized as well as comprehensively expounded by legal scholars. As it is a growing body of regulation and accompanying legal theories, it needs to develop a solid conceptual and axiological framework, in particular a set of basic values and principles on which detailed rules are to be founded. Lacking these, the domain of animal law is still in the pre-paradigm stage and remains an assemblage of dispersed ideas, concepts and regulatory measures. It yet has to develop into a coherent whole that may grow to be a mature regulatory and doctrinal domain of the law. In order to reach this stage, it should be founded on clear theoretical and constitutional grounds. Lacking those, its further development, and effective operation may be seriously impeded. There seem to be two basic approaches that may serve as the possible foundations for a viable model of animal protection law. The first may be referred to as the “dignity” approach and the other, as the “sentientist” approach. According to the first of those two approaches, animal protection law should rely on the concept of animal dignity as its philosophical foundation. The second approach rejects the idea that the concept of animal dignity as the basis for the relevant legislation as philosophically dubious and entailing objectionable normative consequences for the scope and content of legal protections of animals. Thus, it aims rather at legal norms and policies being based directly on scientifically informed theories of sentience, evolutionarily developed nervous structures underlying cognitive and emotional capabilities or species-typical biological and psychological needs that condition the subjective well-being of a given creature. The aim of this paper is to analyse and discuss both these approaches and to argue that the former is philosophically, conceptually and practically flawed. The second approach, even despite some serious disadvantages, is therefore deemed to be preferable and more promising.

Keywords: animals, dignity, rights, law, constitution, ethics

Language: English

Published: Number 2(27)/2021, pp. 69-82.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.69

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This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Issue 3/2020 of „Archiwum Filozofii Prawa i Filozofii Społecznej”: „Public Interest in Current Legal Discourse”

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej” (Journal of the Polish Section of IVR) published in English, and available in full open access. The issue „Public Interest in Current Legal Discourse” was edited by prof. UZ dr hab. Martyna Łaszewska-Hellriegel.

The issue includes following papers:

Dr Mateusz Klinowski: Public Truths and Their Legal Protection
Dr Jan Winczorek: Public Interest and Access to Justice: A Liminal Analysis
Prof. UwB dr hab. Anetta Breczko: “Interest of the Individual” versus “Common Good” and “Public Interest” in the Context of Technological Progress in Medicine
Prof. UZ dr hab. Martyna Łaszewska-Hellriegel: Is Post-Mortem Organ Donation a Duty Towards Society and Can It Be Justified by Public Interest? Recent Bills to Amend the German Transplantation Law
Prof. UG dr hab. Maciej Barczewski, Prof. UG dr hab. Sebastian Sykuna: Improving Global Public Health: Responsiveness to Public Interest Considerations in Intellectual Property Law
Dr Magdalena Łągiewska, Prof. dr hab. Kamil Zeidler: Bruce Lee’s Case: Intellectual Property vs. Free Access to Culture and Protection of Public Interest
Prof. dr hab. Hanna Paluszkiewicz: Is “Public Interest” a Conceptual Category of Contemporary Polish Procedural Criminal Law?
Prof. UR dr hab. Beata Stępień-Załucka: Amendments to the Law on Assemblies Against the Background of the Constitutional Freedom of Assembly in Poland
Dr Dobrochna Ossowska-Salamonowicz: Public and Social Interest in Journalistic Activity

Apart from the introduction, the issue also includes a further discussion on works of Isaiah Berlin between prof. Beata Polanowska-Sygulska and dr Henry Hardy.

The issue is available HERE.