Search Results for: the political

The Crisis of Dialogue and Political Community: Philosophical Reflections on the Relationship Between Pluralism, Difference and Dialogue

Dr hab. Anna Rossmanith

University of Warsaw

English abstract: The aim of this article is to present the relationship between pluralism, difference and dialogue as the foundation of an open society. The fundamental philosophical perspective of the study is centred around unique Levinas’ ethics. According to Levinas, we can see a difference as a creative component of a community and therefore abandon the ontological notion of the world understood as a whole and totality. In the undertaken considerations, the author refers to categories such as polis, deliberative democracy and external morality of law.

Keywords: dialogue, political community, polis, pluralism, difference, communication, open society

Language: Polish

Published: Number 1(30)/2022, pp. 91-99

DOI: https://doi.org/10.36280/AFPiFS.2022.1.91

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Number of downloads: 451

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

A Theory of Argumentation: The Case of Ethical, Political, and Utopian Thinking

Dr Łukasz Perlikowski

Lazarski University in Warsaw

English abstract: A relevant problem in political philosophy and political theory is the distinction between political and utopian arguments. The boundary between these two types of argumentation may be blurred, which leads us to the point when we often deal with contaminations of both ways of thinking in individual positions. This involves, for example, presenting a utopian argument as a political argument and vice versa. The main purpose of the article is to organize these issues by applying the argumentation model developed by Stephen Toulmin to the analysis of both theoretical approaches. The three main problems of this work are: 1) the distinction between political and ethical arguments; 2) identifying the proper structure of political argumentation; 3) evaluation of the coherence of the idea of a realistic utopia (proposed by John Rawls).

Keywords: political philosophy, theory of argumentation, Toulmin’s model, utopia, John Rawls, realistic utopia

Language: English

Published: Number 2(27)/2021, pp. 54-68.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.54

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Number of downloads: 522

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

The Rule of Law in Immanuel Kant’s Political Philosophy: Two Interpretations

Mgr Michał Wieczorkowski

Adam Mickiewicz University in Poznań

Abstrakt w języku polskim: The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept.

Keywords: Kant, juridical state, rule of law, liberalism, authoritarianism

Language: Polish

Received: 04.12.2018
Accepted: 05.03.2019

Published: Number 1(19)/2019, pp. 108-124

DOI: https://doi.org/10.36280/AFPiFS.2019.1.108

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Number of downloads: 907

Political Character of the Copyright on the Example of its Inconsistency with the Indigenous People’s Vision of the World

Mgr Mateusz Wojtanowski

University of Wrocław

Abstract: The article deals with an inconsistency between the indigenous vision of the world and copyright. The author refers to the category of the political as the proper one to reflect this friction. The work embraces influential intuition of Carl Schmitt on the relationship between politicality and conflict. The author assumes that what can be treated as an expression of political vision (i.e. as something which is not neutral) is political. This approach does not require direct link with the traditionally understood sphere of politics to discern the realm of political.

Keywords: indigenous people, copyright, the political, conflict

Language: Polish

Received: 13.06.2018
Accepted: 07.09.2018

Published: Number 3(18)/2018, pp. 86-96.

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Number of downloads: 375

Apoliticality in Jurisprudence. The Crisis of the Idea and the Phenomenon of Populism

Prof. dr hab. Adam Sulikowski

University of Wrocław

Abstract: The topic of the article is the current crisis of the idea of the apolitical nature of jurisprudence and the relationship between this crisis and the phenomenon of populism. In the first part of the study, the author puts forward a thesis on the post-theological and liberal character of the idea, reconstructing its genealogy. The next part discusses the impact of first-wave populism (1930s and 1940s) on the status of the title idea, focusing primarily on authoritarian – Nazi and Stalinist – populisms. In the next part, the author diagnoses the causes of the current crisis of the title idea after the period of its demo-liberal reappointment.

Keywords: apoliticality, jurisprudence, discourse, populism, crisis, post-theology, liberalism

Language: Polish

Received: 13.06.2018
Accepted: 17.08.2018

Published: Number 3(18)/2018, pp. 74-85.

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Number of downloads: 623

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: 526

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: 472

The principle of equality as a fundamental norm in law and political philosophy, Łódź, 29–30.09.2014 r.

Dr Anna Kalisz

Humanitas University in Sosnowiec

Language: Polish

Published: Number 2(9)/2014, pp. 141-143

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Number of downloads: 338

Issue 2(43)/2025 of the „Archiwum…” is now available

Welcome to the issue 2(43)/2025 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue includes the following texts:

Dr Michał JANOWSKI

Incoherence of Judges’ Decisions on Punishments. Presentation of the Results of an Experiment Conducted with Professional Criminal Judges Using the Method Developed by Daniel Kahneman, Cass Sunstein, David Schkade and Ilana Ritov

Dr hab. Milena KORYCKA-ZIRK, prof. UMK

William David Ross’s prima facie duties vis-à-vis Ronald Dworkin’s principles of law

Prof. dr hab. Beata POLANOWSKA-SYGULSKA

Around Selected Themes in the Moral Philosophy of Joseph Raz. Part II

Natalia Regina SKOCZYLAS, Dr Mateusz WOJTANOWSKI

Gustav Klimt’s Jurisprudence and the Problem of the Scale of Claims on the Law

Prof. dr hab. Marek SMOLAK

The Constitutive and Conventional Nature of Legal Interpretation Directives

Dr hab. Tomasz SROGOSZ, prof. UKEN

Critical Approaches to International Law According to China Miéville and Bhupinder S. Chimni

Dr hab. Adam ZIENKIEWICZ, prof. UWM

The Judge as a Promoter of Peace

Dr Jakub ŁAKOMY

The Professor, the Political Activist, and the Professional on the Tightropes of Culture Wars: Stanley Fish’s Versions of Academic Freedom

Reviews:

Prof. dr hab. Tomasz PIETRZYKOWSKI

A central trend of the 21st century? Side-notes on works by Stephen E. Hanson and Jeffrey S. Kopstein, An Assault on the State. How the Global Attack on Modern Government Endangers Our Future (Polity Press, Hoboken NJ, 2024) and Russell Muirhead and Nancy L. Rosenblum, Ungoverning. An Attack on the Administrative State and the Politics of Chaos (Princeton University Press, Princeton – Oxford 2024)

Prof. dr hab. Marek ZIRK-SADOWSKI

Karol Gregorczuk, Biobankowanie ludzkiego materiału biologicznego. Spór o model racjonalnego prawa w badaniach biomedycznych [Biobanking of human biological material. The dispute about the rational-legal model in biomedical research], Wydawnictwo Uniwersytetu Gdańskiego, Gdańsk 2024, pp. 387

Reports:

Dr hab. Katarzyna JAWORSKA-BISKUP

Debate “All the world’s a stage, and all the men and women merely players. On emotions in law and literature”, Szczecin, 10 December 2024

Dr Mateusz PĘKALA

2nd Mountain Trek-Conference on the Philosophy of Law of the Polish Section of IVR “Legal education crisis”, Silesian Beskids, 4–6 October 2024

The issue is available here.