Juristic argumentation must in normal cases lead to a positive conclusion. The adoption of the rules of the burden of argumentation is, therefore, necessary. It is the task of the normative theory of juristic argumentation to formulate and to justify these rules., The rules of the burden of argumentation are constitutive rules. They do not impose duties or obligations to justify, but they state under what conditions a thesis counts as justified. The basic problem lies in the second‐order justification, that (...) is, in the justification of the rules of the burden of argumentation. Their rational justification is a precondition for rational juristic discourse. (shrink)

In this paper, we discuss the problem of the relationship between legal concepts and legal norms. We argue that one of the widespread theories of legal concepts, which we call ‘the embedding theory’, is false. The theory is based on the assumption that legal norms are central for any legal system and that each legal norm establishes an inferential link between a certain class of facts and a certain class of legal consequences. Alf Ross’s embedding theory was presented in his (...) famous paper “Tu–Tu”. According to Ross, the sole function of legal concepts is to simplify normative information. Hence, the use of legal concepts may be a matter of convenience, rather than necessity. We criticize this approach mainly by pointing to the existence of so-called second order substantive concepts, which are not reducible to any determined set of conditional sentences (inferential links). In short, second order substantive concepts play the role of general standards, and general standards are used to provide flexibility for a particular legal system. In addition, general standards are ‘value loaded’, since they serve as a frame of reference for judges applying law to particular cases. To understand such general standards as a predefined set of conditionals means to overlook their ‘open’ content, and thus their function. In our opinion, the acceptance of the embedding theory means to misinterpret the function of general standards. We also argue that Giovani Sartor’s idea of defective legal concepts doesn’t help to clarify or defend the embedding theory. (shrink)

The article contains a critical analysis of two conceptions of “the nature of things”, as found in publications of West German philosophers of law: G. Radbruch and W. Maihoffer. In the first stage of the evolution of his thought Radbruch spoke of the “influence of the matter on the legal idea”. The function of “the nature of things” is identified by Radbruch with resistance by social reality to the implantation of the legal idea. In the next stage of his views (...) Radbruch conceives of the nature of things as an objective sense of a certain social relationship, perceived from the point of view of a certain value. Now the nature of things serves as a bridge between the real world and the world of values. The nature of things has a minor role according to Radbruch, in legal thought. He emphatically opposes recognizing it as a source of law. (shrink)

Volume 10, Issue 4, December 2019, Page 582-587.

This paper aims to inquire whether an analysis of the concept of law is an exercise of analysis in its modest or immodest form. Our inquiry suggests that the Jacksonian distinction between modest and immodest conceptual analysis, so eagerly applied by many legal scholars, is inapplicable to analyzing a specific part of the concept of law. The crux of our argument lies in the relation between the folk theory of law and the content of the developed concept of law. As (...) an artifact concept, the concept of law must depend on the pre-existing content of the folk conception of law (which we term the ‘foundational folk theory’). This part of folk theory determines the collective intentionality necessary to bring an institutional artifact, such as law, into existence. A large part of the argument for this conclusion depends on the acceptance of a realist and functional, post-Searlean theory of artifactual types. (shrink)

Volume 10, Issue 4, December 2019, Page 582-587.

Deliberative democracy’s approach with its emphasis on a multidimensional conception of freedom is very well suited to offer a sophisticated and critical account of freedom of speech in the democratic public sphere. Nevertheless, it has rarely engaged other competing free speech theories in order to offer a valuable social critique of other ways of thinking about freedom of expression. This article tries to fill this gap by critically engaging Robert Post’s theory of freedom of speech based on democratic self-government. On (...) Post’s account, the key to effective democratic self-government is political autonomy, which he reduces to negative liberty and formal equality. I argue that this reduction creates serious problems. A purely procedural account of democracy makes it difficult to politicize new issues in the public sphere and also makes a dominant discourse resistant to contestation. Further, given his theory, Post does not have enough normative resources to offer an account of public justification, which would expand effective political liberty. (shrink)

Etycy nie poświęcali dotąd wiele uwagi niepewności, koncentrując się często na skrajnie wyidealizowanych hipotetycznych sytuacjach, w których zarówno kwestie empiryczne (np. stan świata, spektrum możliwych decyzji oraz ich konsekwencje, związki przyczynowe między zdarzeniami), jak i normatywne (np. treść norm, skale wartości) były jasno określone i znane podmiotowi. W poniższym artykule – który jest rezultatem projektu dotyczącego różnych typów decyzji w sytuacjach niepewności związanej z postępem w naukach i technologiach biomedycznych – przedstawię analizę sytuacji niepewności normatywnej, czyli takich, w których podmiot (...) musi podjąć decyzję, nie mając pewności co do tego, jaka norma postępowania jest właściwa, np. dlatego, że ma sprzeczne intuicje normatywne na temat dopuszczalności danej decyzji. Stanowisko, które określa się niekiedy mianem komparatywizmu, głosi, że w tego typu sytuacjach należy uwzględniać nie tylko stopnie przekonań podmiotu w kwestii różnych norm, ale także to, na ile możliwe decyzje warte są podjęcia wedle tych norm. Przedstawię tu analizę kilku przypadków niepewności normatywnej, a także charakterystyczny argument przeciwko dotychczasowym wersjom komparatywizmu, wskazujący, że nie uwzględniają one różnych nastawień do ryzyka w sytuacjach niepewności normatywnej, choć dopuszczają jednocześnie różne nastawienia do ryzyka w sytuacjach niepewności empirycznej. Pokażę też, że zasada ostrożności dotycząca statusu moralnego w upraszczający sposób przedstawia sytuacje niepewności normatywnej. (shrink)

To analyze potential negative consequences of adopting generative AI solutions in the digital afterlife industry (DAI), in this paper we present three speculative design scenarios for AI-enabled simulation of the deceased. We highlight the perspectives of the data donor, data recipient, and service interactant – terms we employ to denote those whose data is used to create ‘deadbots,’ those in possession of the donor’s data after their death, and those who are meant to interact with the end product. We draw (...) on the scenarios to map out several key ethical concerns posed by ‘re-creation services’ and to put forward recommendations on the ethical development of AI systems in this specific area of application. The recommendations, targeted at providers of AI-enabled re-creation services, include suggestions for developing sensitive procedures for retiring deadbots, ensuring meaningful transparency, restricting access to such services to adult users only, and adhering to the principle of mutual consent of both data donors and service interactants. While we suggest practical solutions to the socio-ethical challenges posed by the emergence of re-creation services, we also emphasize the importance of ongoing interdisciplinary research at the intersection of the ethics of AI and the ethics of the DAI. (shrink)

What is the concept of sexuality? And do we still need it today? In the article I discuss problems related to the socio-cultural construction of sexuality, normalization politics and sexual citizenship, sexual segregation and anti-sex paranoia. I show how the division into us (friends) and them (strangers), according to sexual scripts, takes away the right not only to be part of society, but above all to be yourself. I wonder if – following the words of M. Foucault – it is (...) not the time to look for a new solution, for example, to replace the concept of sexuality with the forms of pleasure. I illustrate my considerations with examples from the observation of the public sphere and the reaction of the normative public to non-normative objects appearing in their surroundings. Most of the examples concern contemporary Poland – both in political and socio-cultural contexts. (shrink)

In the late 2010s, various international committees, expert groups, and national strategy boards have voiced the demand to ‘open’ the algorithmic black box, to audit, expound, and demystify artificial intelligence. The opening of the algorithmic black box, however, cannot be seen only as an engineering challenge. In this article, I argue that only the sort of transparency that arises from critique—a method of theoretical examination that, by revealing pre-existing power structures, aims to challenge them—can help us produce technological systems that (...) are less deceptive and more just. I relate the question of AI transparency to the broader challenge of responsible making, contending that future action must aim to systematically reconcile design—as a way of concealing—with critique—as a manner of revealing. (shrink)

Palliative care and euthanasia have become the subject of ethical and political debate in Poland. However, the voice of nurses is rarely heard. The aim of this study is to explore the perception of palliative care and euthanasia among recent university bachelor degree graduates and experienced nurses in Poland. Specific objectives include: self-assessment of the understanding of these terms, recognition of clinical cases, potential acceptability of euthanasia, and an evaluation of attitudes towards palliative care and euthanasia. This is an exploratory (...) study. A convenience sample of 206 recent graduates and 252 experienced nurse practitioners were interviewed. A structured questionnaire was used for collecting and interpreting data. Subjective perception of the terms `palliative care' and `euthanasia' was high and consistent with the recognition of clinical cases. The majority of the nurses excluded euthanasia from palliative care. They recognized personal philosophy of life as the most influential factor affecting attitudes towards euthanasia. The importance of the law was valued more highly by the experienced nurses. (shrink)

The book _Metaphysics in Contemporary Physics_ offers various perspectives on the relation and mutual influence between modern physical theories and analytic metaphysics.

The aim of this paper is to refer basic philosophical approaches to the problem of musical meaning and, on the other hand, to describe some examples of the research on musical meaning found in the field of cognitive neuroscience. By looking at those two approaches together it can be seen that there is still no agreement on how musical meaning should be understood, often due to several methodological problems of which the most important seem to be the possibility of inter-theoretical (...) reduction and application of an accurate theory of explanation. I am suggesting that the application of some form of the mechanistic model of explanation might be found useful for clarifying reductionism-antireductionism dispute concerning musical meaning, and more importantly, for providing some answers for the debate in music-as-language controversy. (shrink)

Gideon Rosen described the difficulties faced by those who claim that statements about possible worlds cannot be literally true. According to his argument, if the truth of modal sentences could be explained by referring to the hypothesis of the plurality of possible worlds, which is a sort of fiction for modal irrealists, the position would have antinomic consequence. I argue that the advocate of broad modal fictionalism can avoid such a devastating conclusion. To that end, her position should be given (...) in meta-language describing the necessary and sufficient conditions of accepting modal sentences as true in terms of fiction of possible worlds. I show that there is a coherent way of reading ‘it is accepted as true’ that allows one to maintain that the disjunction of two mutually contradictory propositions can be accepted without accepting either of them. (shrink)

It is part of the phenomenology of perceptual experiences that objects seem to be presented to us. The first guide to objects is their perceptual presence. Further reflection shows that we take the objects of our perceptual experiences to be among the causes of our experiences. However, not all causes of the experience are also objects of the experience. This raises the question indicated in the title of this paper. We argue that taking phenomenal presence as the guide to the (...) objects of perception, we can see that at least in two sensory modalities, smell and touch, there is no uniform answer to this question. The objects of olfactory and tactile experiences can move along the causal chain. Accordingly, the content of olfactory and tactile experience may vary. (shrink)

The paper presents a draft model of the relationship between shame, treated as one of the self-conscious emotions, and the identity formation process. Two main concepts of shame have been discussed here: shame as an adaptive emotion, in line with the evolutionary approach, and as a maladaptive emotion, according to cognitive attribution theory. The main thesis of this paper states that shame has an essential, both constructive and maladaptive, importance for identity development and that its effect is indirect as it (...) works through the mechanisms of emotion regulation. The destructive and disrupting influence of shame is not an immanent feature of this emotion, but it is a consequence of malfunctioning mechanisms of shame regulation. The association of shame with identity formation relates to the exploration dimensions - exploration in breadth, exploration in depth and ruminative exploration, as well as to commitment making and identification with commitment. (shrink)

This article proposes to look at the concept of freedom formulated by Nicholas Berdyaev in his early work, Philosophy of Freedom, through the prism of kenotic Christology. The kenotic nature of the Incarnation of the Son of God, as it was described in the St. Paul’s Letter to the Philippians and developed later by the Christian tradition, was connected with His renunciation of his own infinitude—adopting the “form of a servant” and embracing the limits of the human body. It was (...) an absolutely free act of the divine Person, who revealed to man his own divine model and opened up for him the possibility of its implementation, i.e., the way to becoming a person. For Berdyaev, this possibility is conditioned by the ability to engage in a free act of kenosis, involving the renunciation of the compulsions of reason that have entangled us in natural forms of necessity and that reduce us to mere cogs in the machinery of nature. According to Berdyaev, this way of human kenosis is faith. The act of faith, understood as a rejection of the tendency to seek security through compelling evidence, constitutes a person in his/her uniqueness, and performatively realizes the similarity to God potentially present in every human. (shrink)

Contemporary development of research methods and tools is often conducive to ambitious art studies, in which the research methodology and study protocol are the result of negotiations between creative and research strategies. The article discusses the key sources, possibilities, and threats of interdisciplinary projects often referred to as practice-as-research. The following comparison of the orders of the scientific methodology and the artistic convention allows one to show the similarities and potential points of contact between science and art, which are independent (...) of the different values and methods of evaluation in both of these areas. The research-based practice model by Pil Hansen and Bruce Barton is also presented as a solution that takes these issues into account. It is also used to present the project of Interdisciplinary Center for New Technologies of the Nicolaus Copernicus University in Toruń and the Art & Science Research Foundation om—organisms and machines in culture (FUNom) the project "Neurophysiology of the Artist in Performance", which is a bold example of the transdisciplinary activities of scientists and researchers. Its content is analyzed through the reports of artists, researchers, and participants taking part in public presentations of the project. (shrink)

One can often hear that intuitions are standardly “appealed to”, “relied on”, “accounted for”, or “used as evidence” in ethics. How should we interpret these claims? I argue that the typical understanding is what Bernard Molyneux calls “descriptive evidentialism”: the idea that intuition-states are treated as evidence of their propositional contents in the context of justification. I then argue that descriptive evidentialism is false- on any account of what intuitions are. That said, I admit that ethicists frequently rely on intuitions (...) to clarify, persuade, discover, or to support things other than the intuitions’ contents. The contents of intuitions are also commonly used as starting premises of philosophical arguments. However claims about these practices need to be sharply distinguished from the prevalent dogma. (shrink)

Axiomatic proof/refutation systems for the paraconsistent modal logics: KN4 and KN4.D are presented. The completeness proofs boil down to showing that every sequent is either provable or refutable. By constructing finite tree-type countermodels from refutations, the refined characterizations of these logics by classes of finite tree-type frames are established. The axiom systems also provide decision procedures for these logics.

This article proposes to look at the concept of freedom formulated by Nicholas Berdyaev in his early work, Philosophy of Freedom, through the prism of kenotic Christology. The kenotic nature of the Incarnation of the Son of God, as it was described in the St. Paul’s Letter to the Philippians and developed later by the Christian tradition, was connected with His renunciation of his own infinitude—adopting the “form of a servant” and embracing the limits of the human body. It was (...) an absolutely free act of the divine Person, who revealed to man his own divine model and opened up for him the possibility of its implementation, i.e., the way to becoming a person. For Berdyaev, this possibility is conditioned by the ability to engage in a free act of kenosis, involving the renunciation of the compulsions of reason that have entangled us in natural forms of necessity and that reduce us to mere cogs in the machinery of nature. According to Berdyaev, this way of human kenosis is faith. The act of faith, understood as a rejection of the tendency to seek security through compelling evidence, constitutes a person in his/her uniqueness, and performatively realizes the similarity to God potentially present in every human. (shrink)

In my article I present the conception of soul of Cornelius Agrippa based on his greatest work "De occulta philosophia" which is a kid of summa of natural and occult philosophy, hermeticism, cabbala, astrology, humanistic theology, medicine, and alchemy. Henricus Cornelius Agrippa von Nettesheim (1486-1535) was a famous renaissance philosopher, cabalist, astrologer and theologian whose contribution in renaissance philosophical deliberations is significant but still unknown in Poland. Agrippa's notion of soul is very important for his own project of new pure (...) magic which is described in his opus magnum. Therefore agrippian magic contains and perfects three kinds of knowledge: phisics, mathematics and theology. In the similary way Agrippa divided whole Cosmos in to three worlds. First and the most inferior world of the threefold Cosmos is the world of four elements of substance in Aristotle's meaning. The second one is the world of celestial bodies which comprises planets, stars and laws that rule them, and which is above the first world. The third one is the divine world of angels, soul of the world with platonic ideas and other intelligibilities. The three kinds of knowledge which Agrippa also called "regulative philosophy" are very useful for human in studying of each of three agrippian worlds. From this point of view also notion of humanity is very important for Agrippa. By the similarity between the macro- and microcosmos which appear in Agrippa's thought also human soul is threefold. Thus human soul contains in hierarchical order three parts viz.: idolum (which is the most inferior), ratio (being the middle part) and mens (which is on highest position in human soul). Each part has its own function which can be fully activated by God's light received by mens. In describing of functions of threefold soul Agrippa receives inspirations from prior philosophers like Aristotle, Awicenna or Awerroes. Another cause which emphases a great role of the agrippian conception of the soul is its connection with oryginal concepts of phantasy and threefold melancholy which is similar to the treepartite soul. Those two concepts are the examples of the influences of celestial powers which source is in stars and planets. (shrink)

The principles that govern the functioning of science and visions of the ethics of scientific research are changing. Many researchers who are examining these changes observe a shift from the academic ethos to the industrial — or “corporate” — ethos. Under the new law on higher education and science, which was passed by the Polish Parliament in 2018, new regulations to the Polish state university system have come into effect. The basic aim of my article has been to examine the (...) scientific ethos in Poland. I based my research on the new statutes adopted by university senates, in which I focused on the value statements and declarations that express the beliefs of university authorities about the most important and desirable model of science. I compared two groups of universities, those which have obtained the status of research universities and colleges from the Upper Silesian Metropolis. My goal was to answer the following questions: 1. What values create the declared ethos of science? 2. What is their hierarchy? 3. To what extent is the ethos of both groups of universities similar? 4. Has the scientific ethos present in the new statutes changed in relation to what was declared earlier? In order to answer these questions, I have applied the technique of document content analysis. My research shows that 1. The ethos of science is changing; 2. The set of declared values in the material under scrutiny is rich and varied. (shrink)