Filozofia Publiczna i Edukacja Demokratyczna
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Prawa człowieka. Zagadnienia podstawowe
Get PDFThe paper refers to the genesis of legally binding human rights and discusses their claim to universal validity against the backdrop of the Western culture and philosophical debates (Kant, Bentham). It also presents the most current charges raised against human rights’ universal commitment, presented by such prominent thinkers as Amartya Sen. Invoking the concept of human dignity, author of the article argues in favour of universal validity of human rights.The paper refers to the genesis of legally binding human rights and discusses their claim to universal validity against the backdrop of the Western culture and philosophical debates (Kant, Bentham). It also presents the most current charges raised against human rights’ universal commitment, presented by such prominent thinkers as Amartya Sen. Invoking the concept of human dignity, author of the article argues in favour of universal validity of human rights
Otwarte ogólnokrajowe seminaria z filozofii i teorii prawa „Potestas Iudicandi”
Get PDFThe Open Nationwide Philosophy and Theory of Law Seminar “Potestas Iudicandi”Otwarte ogólnokrajowe seminaria z filozofii i teorii prawa „Potestas Iudicandi
O roli dylematów moralnych w edukacji, czyli idea zajęć na „Kolorowym Uniwersytecie”
Get PDFAbout the role of moral dilemmas in education, or the idea of classes at the “Colourful University”O roli dylematów moralnych w edukacji, czyli idea zajęć na „Kolorowym Uniwersytecie
Krytycznie o „wyjściu”
Get PDFIn multiculturalism, “exit”, or to be more precise, “right to exit” is very often thought of in terms of a condition of state’s non-interference in the minority groups. However popular, this account seems to be flawed with a number of controversial assumptions, questionable theoretical and practical implications and can lead to significant paradoxes. First of all, treating “exit” as a state’s non-interventionism condition also means that in fact representatives of minority groups should actually leave their communities in order to obtain all of the civil rights and liberties – be treated as “full”, not “partial” citizens. Various other problems connected with this account (i.a. the issue of general function of “right to exit” and civil rights and liberties or mutual relations between these two categories) presented and discussed in the paper justify a proposal of change of approach towards concept of “exit”. Either one should take really seriously the assumed normative character of it and construct a whole separate theory of “right to exit” from scratch, or maybe one should simply stop treating leaving one’s oppressive culture in terms of “right” or “freedom” and understand it only in descriptive manner.In multiculturalism, “exit”, or to be more precise, “right to exit” is very often thought of in terms of a condition of state’s non-interference in the minority groups. However popular, this account seems to be flawed with a number of controversial assumptions, questionable theoretical and practical implications and can lead to significant paradoxes. First of all, treating “exit” as a state’s non-interventionism condition also means that in fact representatives of minority groups should actually leave their communities in order to obtain all of the civil rights and liberties – be treated as “full”, not “partial” citizens. Various other problems connected with this account (i.a. the issue of general function of “right to exit” and civil rights and liberties or mutual relations between these two categories) presented and discussed in the paper justify a proposal of change of approach towards concept of “exit”. Either one should take really seriously the assumed normative character of it and construct a whole separate theory of “right to exit” from scratch, or maybe one should simply stop treating leaving one’s oppressive culture in terms of “right” or “freedom” and understand it only in descriptive manner
Prawa pacjenta z perspektywy funkcjonalnej refleksji
Get PDFIn 1991 was passed in Poland the Healthcare Institutions Act. In the cited act was for the first time used the phrase of „patient’s rights”. Currently in our country there are several other laws that directly relate to that issue. In recent years, there has also been set up new offices in the field of patients’ rights (Patient Ombudsman, Ombudsman for Psychiatric Patients and specialist for patient’s rights working in hospitals). Discussions concerning rights of the patient most often relate to matters of a formal nature. Specialist literature refers basically to: the issue of consent to treatment, the issue of medical confidentiality, the aspect of the dignity of the patient and the system of protection of patient rights using the services of the health care system. Rarely however – in this context – debates undertake a problem of the importance of interaction between a patient and a doctor. There is also no reflection on the position that physicians and patients occupy in the course of treating. The present text aims to depict the patient’s rights from the perspective of functional reflection. In the first place, it will be presented the context of treatment within which the sick and the doctors as well as nurses play their roles. In particular, it will be shown the commercial face of medical services. Based on the concept of ombudsman will be taken also an attempt to present medical staff as „the first ombudsmen of the rights and interests of the patient.”In 1991 was passed in Poland the Healthcare Institutions Act. In the cited act was for the first time used the phrase of „patient’s rights”. Currently in our country there are several other laws that directly relate to that issue. In recent years, there has also been set up new offices in the field of patients’ rights (Patient Ombudsman, Ombudsman for Psychiatric Patients and specialist for patient’s rights working in hospitals). Discussions concerning rights of the patient most often relate to matters of a formal nature. Specialist literature refers basically to: the issue of consent to treatment, the issue of medical confidentiality, the aspect of the dignity of the patient and the system of protection of patient rights using the services of the health care system. Rarely however – in this context – debates undertake a problem of the importance of interaction between a patient and a doctor. There is also no reflection on the position that physicians and patients occupy in the course of treating. The present text aims to depict the patient’s rights from the perspective of functional reflection. In the first place, it will be presented the context of treatment within which the sick and the doctors as well as nurses play their roles. In particular, it will be shown the commercial face of medical services. Based on the concept of ombudsman will be taken also an attempt to present medical staff as „the first ombudsmen of the rights and interests of the patient.
On the Intrinsic Correlation Between Public Legitimation of Democratic Law and Discursive Competencies of Citizens
Get PDFThe article discusses inter-correlations between conditions of democratic legitimation of modern law and discursive competencies of citizens as also individuals. The basic premises, on which the claim to the democratic legitimation of modern law is erected, are synthetically elaborated. On this basis discursive competencies are listed in short and their significance articulated with regard to so called weak – and strong public spheres. Crucially, the most fundamental change of basic premises on which democratic legitimation of modern law is contemporary thought of is clearly indicated
Przemoc wobec kobiet i kobieca agresja w kontekście ról płciowych i mylnego uznania („misrecognition”)
Get PDFThis article seeks to examine basic patterns of violence against women, myths surrounding those mechanisms as well as situations, in which women are perpetrators of the violence. The purpose to draw attention to the fact, that violence affects women’s lives in social, economical and political areas, regardless if said violence happens in the public sphere or private sphere as well as how omission and lack of acknowledgement and deformation of female experience with violence affects women’s social standing.This article seeks to examine basic patterns of violence against women, myths surrounding those mechanisms as well as situations, in which women are perpetrators of the violence. The purpose to draw attention to the fact, that violence affects women’s lives in social, economical and political areas, regardless if said violence happens in the public sphere or private sphere as well as how omission and lack of acknowledgement and deformation of female experience with violence affects women’s social standing
Amerykański język praw podmiotowych a demokracja
Get PDFThe article explores the link between the language of rights and democracy. The author asks whether the dominance of the language of rights in the United States is responsible for the overall condition of American democracy, and the lack of such dominance may have a negative impact on the Polish public sphere. The beginning of the article describes the problems with translating the word „right” from English into Polish. In the next part, the different forms and types of rights are described. Then, a meaning of the „language of rights” is presented. Other languages of public discourse are mentioned for comparison. The consequences and functions of the language of law for the public sphere and democracy are widely discussed. The critical voices about the impact of rights are examined. Finally, the article answers the question about the role of rights in the Polish public sphere and democracy.The article explores the link between the language of rights and democracy. The author asks whether the dominance of the language of rights in the United States is responsible for the overall condition of American democracy, and the lack of such dominance may have a negative impact on the Polish public sphere. The beginning of the article describes the problems with translating the word „right” from English into Polish. In the next part, the different forms and types of rights are described. Then, a meaning of the „language of rights” is presented. Other languages of public discourse are mentioned for comparison. The consequences and functions of the language of law for the public sphere and democracy are widely discussed. The critical voices about the impact of rights are examined. Finally, the article answers the question about the role of rights in the Polish public sphere and democracy
Libertarny radykalizm
Get PDFIn the paper I identify foundations of radical libertarianism, which could be called libertarianism in a sensu stricto. This sense is perceived from the Rothbardian’s perspective, whose theory of property is pivotal for our considerations. Murray N. Rothbard claims that property rights, which are derived from the principle of self-possession, are absolute. The absoluteness of property rights is the core of our standpoint. We argue that to define libertarianism in a strict sense we need also, as supportive elements: (i) the doctrine of natural rights, on the ethical level; (ii) the Austrian theory of economy, on the level of economics; and (iii) individualistic anarchism, on a political level. We believe that the absolute right to property and these three theories can be considered as a coherent theory which we can call libertarianism in a strict sense.In the paper I identify foundations of radical libertarianism, which could be called libertarianism in a sensu stricto. This sense is perceived from the Rothbardian’s perspective, whose theory of property is pivotal for our considerations. Murray N. Rothbard claims that property rights, which are derived from the principle of self-possession, are absolute. The absoluteness of property rights is the core of our standpoint. We argue that to define libertarianism in a strict sense we need also, as supportive elements: (i) the doctrine of natural rights, on the ethical level; (ii) the Austrian theory of economy, on the level of economics; and (iii) individualistic anarchism, on a political level. We believe that the absolute right to property and these three theories can be considered as a coherent theory which we can call libertarianism in a strict sense