Archiwum Filozofii Prawa i Filozofii Społecznej

An Analysis of the Distribution of Rights and Duties in Communities in the Face of Complex Compensatory Correlation

Karolina Gmerek — Wed, 17 Jul 2024 12:16:42 +0000

Dr hab. Andrzej Stoiński

University of Warmia and Mazury in Olsztyn

English abstract: The article examines the distribution of rights and duties of justice among entities of unequal status in their mutual relations in communities. The analyses are performed from the perspective of complex compensatory correlation, which is a dicaiological modification of the Hohfeldian legal rights correlation model. The first thesis of the article asserts that alignment of the rights and duties of entities in accordance with the compensatory correlation scheme is a necessary condition for justice in community relations. The second thesis states that an increase in the welfarist positive rights of some citizens is accompanied by an increase in the rights of the government. These proposals are juxtaposed with the image of rights and duties within the family and political community. In the case of entities in family relationships and in some political community relations, one can observe a balance between the rights and duties assigned to them. However, there are also interactions in which some entities have double duties and others have double rights, and therefore, we cannot find there a pattern suitable for a complex compensatory correlation. In such cases, there are deficiencies in the sphere of justice.

Keywords: justice, rights, duties, community, Hohfeld, complex compensatory correlation

Language: Polish

Published: Number 1(38)/2024, pp. 71-82.

DOI: https://doi.org/10.36280/AFPiFS.2024.1.71

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Number of downloads: 253

This text is licensed under a Creative Commons Attribution 4.0 International License.

The ‘Theatrical’ in Public Participation: How Can Theatre Contribute to Citizens’ Engagement in Legislative Development?

Redakcja (Mateusz Pękala) — Wed, 23 Aug 2023 14:45:09 +0000

Bartłomiej Bodziński-Guzik

Jagiellonian University in Kraków, Poland

English abstract: The paper is devoted to the notion of public participation and an attempt to propose a slightly different understanding and approach to this than usual. The author acknowledges the potential of theatrical methods, especially the proposal of A. Boal, the Legislative Theatre, whereby the theatre is used to create proposals for legislation, bringing additional value to the participation process. The LT is a point of reference, but the following reflections refer to theatre and performance in a more general sense. The article focuses on the corelations between theatre and different relevant fields of social activity to determine and present potential benefits of using theatre in the process of participation. It is to present a preliminary review of relevant ideas that can stimulate future reflection about theatricalizing participation, rather than presenting a direct and comprehensive proposal.

Keywords: public participation, law, community, politics, legislative theatre, therapy, protest

Language: English

Published: Number 2(35)/2023, pp. 5-19.

DOI: https://doi.org/10.36280//AFPiFS.2023.2.5

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Number of downloads: 359

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

Private Property and Its Social Dimension in the Views of Rudolf von Jhering and Otto von Gierke

Mikołaj Ryśkiewicz — Tue, 06 Jun 2023 16:39:05 +0000

Dr Paweł LESIŃSKI

Maria Curie-Skłodowska University in Lublin

English abstract: The article is an attempt to analyse the views of Rudolf von Jhering and Otto von Gierke views on the question of social dimension of private property. These two German lawyers formulated their ideas during the period of search for the solutions to socio-economic problems regarding private property and its scope. They both represented essentially identical views on the importance of private property in the context of its existence in the community. In order to fulfill the research task described above, the article firstly analyses the historical and ideological background for solutions to the problems of private property in Germany in 19th century. Secondly, the article examines the question of the individual’s position within the community in the thought of Jhering and Gierke. The third part of the article analyses the views of these scholars on the essence of the legal order in the context of private property. The last part of the article refers to their views on private property perceived as a phenomenon which by definition includes limitations and results in both rights and obligations for the owner.

Keywords: private property, Rudolf von Jhering, Otto von Gierke, community, social obligation

Language: Polish

Published: Number 1(34)/2023, pp.46-57

DOI: https://doi.org/10.36280//AFPiFS.2023.1.46

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Number of downloads: 310

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