Filozofia Publiczna i Edukacja Demokratyczna
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Artura Kozaka cierpliwość wobec prawa
Get PDFThe essay treats on a legal-theoretical project of ‘iuriscentrism’, proposed by Polish legal philosopher Artur Kozak. It begins with an exploration of theoretical and axiological foundations of this theory, which are, first and foremost, sociological institutionalism (as for a social ontology), philosophical transcendentalism (as for a theory of knowledge and action), and affirmative approach towards axiological foundations of the legal order. Subsequently, the article focuses on practical consequences of the above choices, which are a limitation of the judicial discretional power, and a unique way of legitimating the legal practice. According to iuriscentrism, the law is said to play a focal role in the contemporary, ethically pluralist and functionally differentiated societies; for those reasons a special approach to the legal order, the one termed as ‘a faith in law’ or ‘a patience to the law’, is necessarily required.The essay treats on a legal-theoretical project of ‘iuriscentrism’, proposed by Polish legal philosopher Artur Kozak. It begins with an exploration of theoretical and axiological foundations of this theory, which are, first and foremost, sociological institutionalism (as for a social ontology), philosophical transcendentalism (as for a theory of knowledge and action), and affirmative approach towards axiological foundations of the legal order. Subsequently, the article focuses on practical consequences of the above choices, which are a limitation of the judicial discretional power, and a unique way of legitimating the legal practice. According to iuriscentrism, the law is said to play a focal role in the contemporary, ethically pluralist and functionally differentiated societies; for those reasons a special approach to the legal order, the one termed as ‘a faith in law’ or ‘a patience to the law’, is necessarily required
Edukacja domowa – kilka uwag w kontekście dyskursu o edukacji demokratycznej
Get PDFThe article presents home teaching in the context of the discourse on democratic education. The author discusses two problems: first, the role of home schooling in the context of compulsory schooling and the right to education; secondly, the legal aspects of home schooling.The article presents home teaching in the context of the discourse on democratic education. The author discusses two problems: first, the role of home schooling in the context of compulsory schooling and the right to education; secondly, the legal aspects of home schooling
Etyka urzędników czy etyka administracji publicznej? Uwagi na tle książki Tomasza Barankiewicza „W poszukiwaniu modelu standardów etycznych administracji publicznej w Polsce”
Get PDFThe article reviews a book of Tomasz Barankiewicz „W poszukiwaniu modelu standardów etycznych administracji publicznej w Polsce” published by Wydawnictwo Katolickiego Uniwersytetu Lubelskiego in 2013. The book concerns some important problems in the field of ethics of public administration and the article recommends it to anyone who has interest in professional ethics and public management. The article emphasises the role of ethics in public administration and the pursuit of building a model of public administration ethics. It summarises the content of the book and discusses some theoretical problems connected to the models proposed by author of the book. In particular the relation between moral responsibility and reflexive institutions is being discussed and the dependence of theory of public administration and some political theories as well.The article reviews a book of Tomasz Barankiewicz „W poszukiwaniu modelu standardów etycznych administracji publicznej w Polsce” published by Wydawnictwo Katolickiego Uniwersytetu Lubelskiego in 2013. The book concerns some important problems in the field of ethics of public administration and the article recommends it to anyone who has interest in professional ethics and public management. The article emphasises the role of ethics in public administration and the pursuit of building a model of public administration ethics. It summarises the content of the book and discusses some theoretical problems connected to the models proposed by author of the book. In particular the relation between moral responsibility and reflexive institutions is being discussed and the dependence of theory of public administration and some political theories as well
Moral Elements in the Ethical Code of Buddhism
Get PDFThe article attempts to illuminate the ethical perspectives of Buddhism (dividing into four sections) by exploring the true nature of moral elements, which form the foundation of Buddhist philosophy. The ethical concerns of Buddhism give more emphasis on renunciation and a selfless attitude towards constructive and spiritual moral development. All its concerns are related with the problem of human suffering. Only human being’s sincere effort can remove human suffering and can attain to a life totally free from all miserable conditions. Human being is enough to become master of all. To understand our action and conduct in every phase of our life is the core element of Buddhist moral principles. Buddhism is a system found wholly characterized by the ethical principle seeking the meaning of life in life itself. It is mainly based on the ethical way of living and prescribes rigorous codes to promote the living of a virtuous life
Ograniczenie autonomii jednostki, a może ochrona konstytucyjnych praw i wolności człowieka? Normatywne aspekty stosowania „przymusu bezpośredniego” w psychiatrii
Get PDFThe publication is concentrated on the use of direct coercion in psychiatry. I tried to answer on the question whether using direct coercion always leads to the limitation of individual autonomy, whether provides the protection of constitutional law and human freedom. Unraveling above background would be impossible without refer to the human rights which is a source of basic laws and freedom. The reference to limitation of individual autonomy was based on Bioethical Convention. Situation and requirements became closer which explain and can create a foundation for using a direct coercion. In this article, circumstances were intorduced in which in compliance with law, using direct coercion is acceptable as well as rules and the course. The relationship was noticed between its application and required agreement of individual to grand the health care.The publication is concentrated on the use of direct coercion in psychiatry. I tried to answer on the question whether using direct coercion always leads to the limitation of individual autonomy, whether provides the protection of constitutional law and human freedom. Unraveling above background would be impossible without refer to the human rights which is a source of basic laws and freedom. The reference to limitation of individual autonomy was based on Bioethical Convention. Situation and requirements became closer which explain and can create a foundation for using a direct coercion. In this article, circumstances were intorduced in which in compliance with law, using direct coercion is acceptable as well as rules and the course. The relationship was noticed between its application and required agreement of individual to grand the health care
Intersubiektywne uznanie, czyli personalizacja podmiotu
Get PDFThe aim of this article is to clarify the meaning of the concept of recognition in Axel Honneth’s theory of recognition. The main object of interest will be the differences between, what Honneth calls the basic form of recognition and recognition which he describes as a relation. Presented considerations will become premises for such an interpretation of theory of recognition, which differentiates at least between two meanings of the term recognition: first, as a subjective attitude, second, as a relation (which is more adequate interpretation). The indicated differences might be important for in-depth analyses of the theory of recognition, especially considering Honneth’s point of view – more formal approach presented in The Struggle for Recognition, to his analyses of democratic ethical life in his latest book Das Recht Der Freicheit.The aim of this article is to clarify the meaning of the concept of recognition in Axel Honneth’s theory of recognition. The main object of interest will be the differences between, what Honneth calls the basic form of recognition and recognition which he describes as a relation. Presented considerations will become premises for such an interpretation of theory of recognition, which differentiates at least between two meanings of the term recognition: first, as a subjective attitude, second, as a relation (which is more adequate interpretation). The indicated differences might be important for in-depth analyses of the theory of recognition, especially considering Honneth’s point of view – more formal approach presented in The Struggle for Recognition, to his analyses of democratic ethical life in his latest book Das Recht Der Freicheit
Rozum w służbie polityki, czyli demokracja i oświata w myśli markiza de Condorcet
Get PDFThis study aims to highlight the role of education in a democratic society in the political philosophy of Nicolas de Condorcet. Condorcet refuted legitimising political power on the idea of general will and postulated to replace it with the notion of reason and probability of truth. This assumption tightly linked the wellbeing of democracy with a public education system which, on the one hand, was to prepare citizens to take an active role in the public sphere, and on the other, allow them to improve the political system in which they function in accordance with the progress of the human spirit.This study aims to highlight the role of education in a democratic society in the political philosophy of Nicolas de Condorcet. Condorcet refuted legitimising political power on the idea of general will and postulated to replace it with the notion of reason and probability of truth. This assumption tightly linked the wellbeing of democracy with a public education system which, on the one hand, was to prepare citizens to take an active role in the public sphere, and on the other, allow them to improve the political system in which they function in accordance with the progress of the human spirit
Dylemat wolność – bezpieczeństwo albo o pożytkach z instytucji czynności operacyjno-rozpoznawczych
Get PDFThe purpose of this article is to show a strong tension between two important values, namely freedom and security. A lawmaker has to choose a limitation of freedom to achieve security, which is very difficult. Legislator has to face with the dilemma in time of an institutional transformation. That time usually brings a radical growth of criminality. In such circumstances citizens demand from the legislator an effective fight with this serious threat. A lawmaker has to enable citizens both security and freedom by various legal institutions for example initial investigation. The initial investigation is based on a secret interfering in privacy for instance: a wire tapping by such services as police or secret service. This controversial solution has led so far to the reduction of crimes, especially organized. It can be justified by Max Weber’s ethics of responsibility. A lawmaker, however, has to protect the whole political community by some controversial institutions from the moral point of view.The purpose of this article is to show a strong tension between two important values, namely freedom and security. A lawmaker has to choose a limitation of freedom to achieve security, which is very difficult. Legislator has to face with the dilemma in time of an institutional transformation. That time usually brings a radical growth of criminality. In such circumstances citizens demand from the legislator an effective fight with this serious threat. A lawmaker has to enable citizens both security and freedom by various legal institutions for example initial investigation. The initial investigation is based on a secret interfering in privacy for instance: a wire tapping by such services as police or secret service. This controversial solution has led so far to the reduction of crimes, especially organized. It can be justified by Max Weber’s ethics of responsibility. A lawmaker, however, has to protect the whole political community by some controversial institutions from the moral point of view
Seminarium z zakresu transdyscyplinarnych badań naukowych: Challenges in Philosophy and Education - Transdisciplinary Research Seminar
Get PDFChallenges in Philosophy and Education - Transdisciplinary Research SeminarSeminarium z zakresu transdyscyplinarnych badań naukowych: Challenges in Philosophy and Education - Transdisciplinary Research Semina
Orzecznictwo sądów amerykańskich w sprawach niewolnictwa – pomiędzy formalizmem a subwersją
Get PDFArticle discusses a dilemma of judge facing a possibility (or necessity) of applying judicial disobedience. From the philosophical as well as theoretical point of view, the most intriguing would be an instance of judicial disobedience when applied to a state of democracy and the rule of law. In order to (re-)construct such an instance, the article traces the reader back to the middle of the 19th Century, when the moral conscience of (at least) some of American judges drove them to searching for the sound justification of judicial disobedience when faced with problem of slavery.Article discusses a dilemma of judge facing a possibility (or necessity) of applying judicial disobedience. From the philosophical as well as theoretical point of view, the most intriguing would be an instance of judicial disobedience when applied to a state of democracy and the rule of law. In order to (re-)construct such an instance, the article traces the reader back to the middle of the 19th Century, when the moral conscience of (at least) some of American judges drove them to searching for the sound justification of judicial disobedience when faced with problem of slavery