The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal-philosophical questions in (new) experimental ways by drawing normative implications from (...) empirical data: such implications are value-driven, depend on explanations of empirical findings and vary across legal systems. (shrink)

The emotion of disgust is suggested to be an adaptation that evolved to keep us away from sources of infection. Therefore, individuals from populations with greater pathogen stress should have a greater disgust sensitivity. However, current evidence for a positive relationship between disgust sensitivity and the intensity of infectious diseases in the environment is limited. We tested whether disgust and contamination sensitivity changed in response to the COVID-19 pandemic. Disgust was assessed in 984 women in 2017 and 633 women in (...) 2020 by a set of photographs depicting sources of infection and Pathogen and Moral of Three-Domain Disgust Scale. Further, contamination sensitivity among participants in two waves was measured by Contamination Obsessions and Washing Compulsions Subscale of Padua Inventory. State anxiety was measured with the Polish adaptation of the State-Trait Anxiety Inventory only during the second wave of data collection. Women from the COVID-19 pandemic group assessed the photographs depicting sources of infection as more disgusting, scoring higher on Padua Inventory, but lower on Moral Disgust Domain as compared to women from before the pandemic. In addition, anxiety levels during pandemic positively correlated with scores from Pathogen Disgust Domain, Padua Inventory, and the ratings of the photographs. The participants of the study scored higher in state anxiety than the norms determined for the Polish population. Summarizing, we present evidence for differences in individual levels of disgust sensitivity in relation to pathogen stress, supporting the idea that disgust evolved to serve as protection from pathogens. (shrink)

Only recently have philosophers and psychologists begun to consider empirical research methods to inform questions and debates in legal philosophy. With the field ripe for further experimental inquiry, this collection explores the most topical empirical developments and anticipates future research directions. Bringing together legal scholars, psychologists and philosophers, chapters address questions such as: Do people share a stable set of intuitions about what the law is? What are common perceptions about causation, intentionality, culpability, and are they consistent with the corresponding (...) technical legal concepts? To what extent can experimental research methods advance theoretical debates in legal philosophy about the nature of law? With fascinating implications for legal philosophy, ethics and moral psychology, Advances in Experimental Philosophy of Law sets the agenda for the emerging field of experimental jurisprudence and will be of interest to both researchers and practitioners alike. (shrink)

The objective of the presented research was to test whether working memory, measured using the Spin the Pots task, is an important factor in passive vocabulary development in 2- and 3-year-old children. Two longitudinal studies were conducted. In the first, 135 children participated in the first study. At 18 months their responding to joint attention was measured, and then at 24 months their working memory and passive vocabulary was tested. It was demonstrated that responding to joint attention predicts the level (...) of development of working memory, which in turn influences the extent of the passive vocabulary. In the second study, 113 children participated - at 30 months their working memory was measured, and at 24 months and then 36 months their passive vocabulary was tested. It was observed that at the age of 3 working memory is still a significant predictor of passive vocabulary. The usefulness of the Spin the Pots task for measuring the working memory of young children was shown and discussed in conclusions. (shrink)

The role of titles in perception of visual art is a topic of interesting discussions that brings together artists, curators, and researchers. Titles provide contextual cues and guide perception. They can be particularly useful when paintings include semantic violations that make them challenging for viewers, especially viewers lacking expert knowledge. The aim of this study is to investigate the effects of titles and semantic violations on eye movements. A total of 127 participants without expertise in visual art viewed 40 paintings (...) with and without semantic violations in one of three conditions: untitled, consistent titles and inconsistent titles. After each painting was viewed participants also rated liking and understanding. Our results suggest that titles affect the way paintings are viewed: both titled conditions were associated with shorter first fixation duration, longer saccade durations, and amplitudes and higher dynamic entropy than the untitled conditions. Titles were fixated on more frequently when presented alongside paintings with semantic violations than paintings without violations, and the percentage of fixations to titles was particularly high in the case of paintings with double inconsistencies. Also, we found that semantic violations attracted attention early on, whereas titles received attention later and inconsistencies in titles were processed even later. Finally, semantic violations were associated with higher dynamic entropy than paintings without violations. Our results demonstrate the importance of titles for processing of artworks, especially artworks that present a challenge for the viewers. (shrink)

The development of self-regulation in early childhood is related to development of emotional regulation and attention, in particular executive attention. As the ability to self-regulate is crucial in life, it is important to reveal early predictors of self-regulation. The aim of the paper is to present the results of longitudinal studies on the relationships between the functioning of attention, regulation of emotion and later self-regulatory abilities. 310 children were assessed at three time points. At 12 months of age emotional regulation (...) in situation of frustration and attention regulation were assessed. At 18 and 24 months behavioral-emotional regulation in the Snack Delay Task was measured. Additionally parents assessed executive attention using The Early Childhood Behavior Questionnaire when children were 26 months old. Structural equation modelling revealed two different paths to development of self-regulatory abilities at 18 months: emotional and emotionalattentional and only one emotional-attentional path at 24 months. The early ability to focus attention and later executive attention functioning revealed to be important predictors of self-regulatory abilities both at 18 and 24 months of age. (shrink)

Most studies on bilingual language development focus on children’s second language (L2). Here, we investigated first language (L1) development of Polish-English early migrant bilinguals in four domains: vocabulary, grammar, phonological processing and discourse. We first compared Polish language skills between bilinguals and their Polish non-migrant monolingual peers, and then investigated the influence of the cumulative exposure to L1 and L2 on bilinguals’ performance. We then examined whether high exposure to L1 could possibly minimize the gap between monolinguals and bilinguals. We (...) analyzed data from 233 typically developing children (88 bilingual, 145 monolingual) aged 4;0 to 7;5 (years; months) on six language measures in Polish: receptive vocabulary, productive vocabulary, receptive grammar, productive grammar (sentence repetition), phonological processing (non-word repetition) and discourse abilities (narration). Information about language exposure was obtained via parental questionnaires. For each language task, we analyzed the data from the subsample of bilinguals who had completed all the tasks in question and from monolinguals matched one-on-one to the bilingual group on age, SES (measured by years of mother’s education), gender, non-verbal IQ and short term memory. The bilingual children scored lower than monolinguals in all language domains, except discourse. The group differences were more pronounced on the productive tasks (vocabulary, grammar, phonological processing) and moderate on the receptive tasks (vocabulary and grammar). L1 exposure correlated positively with the vocabulary size and phonological processing. Grammar scores were not related to the levels of L1 exposure, but were predicted by general cognitive abilities. L2 exposure negatively influenced productive grammar in L1, suggesting possible L2 transfer effects on L1 grammatical performance. Children’s narrative skills benefitted from exposure to two languages: both L1 and L2 exposure influenced story structure scores in L1. Importantly, we did not find any evidence (in any of the tasks in which the gap was present) that the performance gap between monolinguals and bilinguals could be fully closed with high amounts of L1 input. (shrink)

The paper is an attempt to consider the issue that so far has not been discussed frequently in the Polish philological current. It focuses on the endings of 18 selected articles in the field of literary studies. Authors of textbooks on academic discourse argue that it is the ending that plays a fundamental role in the scientific discourse as a concluding, summarising, and potentially memorable part. This approach to a conclusion is often shared by scholars themselves, who choose different strategies (...) with regard to endings of their articles. When studying articles published in the period of 2015‒2019, we identified about 15 different ending strategies, e.g. an apologia for a literary work selected by an author, suggestions for further research possibilities, an attractive punch line, and an quotation from another paper. As the analysis reveals, the conclusion of an academic article is not only a place for introducing conventional rhetorical figures; it also becomes the researchers’ contribution to the understanding of the role ascribed by literary-studies scholars to their own scientific practice. (shrink)

This essay is about the role of visual surveillance technologies in the policing of the external borders of the European Union. Based on an analysis of documents published by EU institutions and independent organizations, I argue that these technological innovations fundamentally alter the nature of national borders. I discuss how new technologies of vision are deployed to transcend the physical limits of territories. In the last twenty years, EU member states and institutions have increasingly relied on various forms of remote (...) tracking, including the use of drones for the purposes of monitoring frontier zones. In combination with other facets of the EU border management regime, these technologies coalesce into a system of governance that has enabled intervention into neighboring territories and territorial waters of other states to track and target migrants for interception in the “prefrontier.” For jurisdictional reasons, this practice effectively precludes the enforcement of legal human rights obligations, which European states might otherwise have with regard to these persons. This article argues that this technologically mediated expansion of vision has become a key feature of post–cold war governance of borders in Europe. The concept of transterritory is proposed to capture its effects. (shrink)

This article discusses the philosophy of Alain Badiou from the perspective of a formulation that we believe represents it succinctly: the dialectic of formalization. The main thesis of the article is that Badiou’s doctrine of the four truth procedures can be understood as a doctrine of a dialectical realization of new and universal forms in the world. The dialectic of formalization announces a double procedure – an autonomous and creative procedure for the production of a new true form in the (...) world and a process of the formation of continuity in discontinuity. Moreover, the dialectic of formalization represents a connection between Badiou’s mature work and his early writings from the late 1960s. Even though in the 1960s and 1970s Badiou had not yet introduced the concepts of subject and truth in the sense that he understands them today, it is possible to support the thesis that there is an indisputable connection between Badiou’s early concept of formalization and his later concept of generic truth procedure. We will try to show that the dialectic of formalization designates the continuity between Badiou’s early and mature work. (shrink)

This article analyses how normative decision theory is understood by economists. The paradigmatic example of normative decision theory, discussed in the article, is the expected utility theory. It...

The article proposes a new solution to the long-standing problem of the universality of essences in Spinoza's ontology. It argues that, according to Spinoza, particular things in nature possess unique essences, but that these essences coexist with more general, mind-dependent species-essences, constructed by finite minds on the basis of similarities that obtain among the properties of formally-real particulars. This account provides the best fit both with the textual evidence and with Spinoza's other metaphysical and epistemological commitments. The article offers new (...) readings of how Spinoza understands not just the nature of essence, but also the nature of being, reason, striving, definitions, and different kinds of knowledge. (shrink)

While social research has documented the prevalence and ill effects of hepatitis C related stigma, there has been little analysis of the ways in which this stigma is constituted. This article addresses this gap in the literature by providing a phenomenologically informed account of the ways in which societal attitudes and regulations draw from and feed back into corporeal processes and experiences of embodiment in the creation of hepatitis C related stigma. The case is made that three components are central (...) to hepatitis C stigma: associations with illicit drug injecting, infectiousness and societal aversion to chronic illness. The article draws upon qualitative interviews with 40 people living with chronic hepatitis C in New Zealand and Australia, as well as the researcher’s embodied experience of living with the virus. The works of Julia Kristeva and Mary Douglas are utilized to provide an analysis that moves beyond acknowledgement of societal reinforcers of stigma, such as prohibitory drug laws, to address underlying notions of boundary crossing in the production of stigma and exclusionary practices. (shrink)

International dispute resolution in general and international arbitration, in particular, is highly affected by the emergence and fast development of innovation-driven technologies. On the one hand, such technologies are cost and time-effective. To name a few, they allow online filing of a case, collecting of e-evidence and remote hearings, among others. On the other hand, they also may lead to some challenges that need to be addressed. The primary concerns comprise e-arbitration agreements and e-awards, as well as cybersecurity and data (...) protection. Therefore, this begs the question of whether such new technologies will significantly impact the dispute resolution landscape and thus become a game-changer therein. This analysis leads to the conclusion that the emergence of new technologies provides an opportunity to establish a long-lasting new standard for international arbitration. (shrink)

In this paper we have two main aims. First, we present an account of mood-congruent delusions in depression (hereafter, depressive delusions). We propose that depressive delusions constitute acknowledgements of self-related beliefs acquired as a result of a negatively biased learning process. Second, we argue that depressive delusions have the potential for psychological and epistemic benefits despite their obvious epistemic and psychological costs. We suggest that depressive delusions play an important role in preserving a person’s overall coherence and narrative identity at (...) a critical time, and thus can be regarded as epistemically innocent. (shrink)

The article is an introduction to the issue of Polish literature written in Germany after 1989. The first part of the work focuses around the current literary discussions on defining and developing the terminology and methods enabling research into this new literature – written abroad after the fall of the Iron Curtain. Post­-emigration literature, migration literature, minority literature, multi­-, inter­-, trans­-cultural and diasporic literature – these are only a few of the suggested terms. The second part of the article refers (...) to the works of selected representatives of Polish literature written after 1989 and the issues they discuss in their works. The purpose of the article is to briefly present the complexity of an important problem in the views of Polish, German and Slavic philologists. At the same time, it aims to show that study of the phenomenon in question is still insufficient. (shrink)

Along with the rapid growth that the field of assisted reproduction has experienced over the last few years, numerous ethical issues have arisen and need to be discussed thoroughly. One of them is the limitation of access to assisted reproduction techniques. Because no one should be discriminated against, it is essential to substantiate every single refusal of access carefully. The criterion of welfare of the child is used most frequently. In this paper, we propose a thought experiment aiming at contributing (...) to the discussion by demonstrating that this criterion, even in its strictest form, can easily allow access to assisted reproduction for legal persons as well. (shrink)

The article proposes a new solution to the long-standing problem of the universality of essences in Spinoza's ontology. It argues that, according to Spinoza, particular things in nature possess unique essences, but that these essences coexist with more general, mind-dependent species-essences, constructed by finite minds on the basis of similarities that obtain among the properties of formally-real particulars. This account provides the best fit both with the textual evidence and with Spinoza's other metaphysical and epistemological commitments. The article offers new (...) readings of how Spinoza understands not just the nature of essence, but also the nature of being, reason, striving, definitions, and different kinds of knowledge. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 97 Heft: 2 Seiten: 196-233.

Novel precision oncology trial designs, such as basket and umbrella trials, are designed to test new anticancer agents in more effective and affordable ways. However, they present some ethical concerns referred to scientific validity, risk-benefit balance and informed consent. Our aim is to discuss these issues in basket and umbrella trials, giving examples of two ongoing cancer trials: NCI-MATCH (National Cancer Institute – Molecular Analysis for Therapy Choice) and Lung-MAP (Lung Cancer Master Protocol) study. We discuss three ethical requirements for (...) clinical trials which may be challenged in basket and umbrella trial designs. Firstly, we consider scientific validity. Thanks to the new trial designs, patients with rare malignancies have the opportunity to be enrolled and benefit from the trial, but due to insufficient accrual, the trial may generate clinically insignificant findings. Inadequate sample size in study arms and the use of surrogate endpoints may result in a drug approval without confirmed efficacy. Moreover, complexity, limited quality and availability of tumor samples may not only introduce bias and result in unreliable and unrepresentative findings, but also can potentially harm patients and assign them to an inappropriate therapy arm. Secondly, we refer to benefits and risks. Novel clinical trials can gain important knowledge on the variety of tumors, which can be used in future trials to develop effective therapies. However, they offer limited direct benefits to patients. All potential participants must wait about 2 weeks for the results of the genetic screening, which may be stressful and produce anxiety. The enrollment of patients whose tumors harbor multiple mutations in treatments matching a single mutation may be controversial. As to informed consent – the third requirement we discuss, the excessive use of phrases like “personalized medicine”, “tailored therapy” or “precision oncology” might be misleading and cause personal convictions that the study protocol is designed to fulfill the individual health-related needs of participants. We suggest that further approaches should be implemented to enhance scientific validity, reduce misunderstandings and risks, thus maximizing the benefits to society and to trial participants. (shrink)

Knowledge about colour it properties, methods of fabrication, meanings, and uses has always been the purview of a wide range of individuals, from painters and architects to dyers, printers, pigment manufacturers, chemists. This volume discusses how different communities interacted with respect to knowledge and practices surrounding colour, thus contributing to a better understanding of an important current in cultural history.".

We live in an era when increasing numbers of babies are conceived through assisted reproduction technologies (ART). Using a comprehensive approach, the present research seeks to contribute to the understanding of gender differences in experiencing and coping with infertility, and in dealing with ART treatment. Our sample consisted of 10 heterosexual couples aged 24 to 43 and the data were collected through semi-structured interviews. In the studied sample, gender differences existed not only in experiences of infertility, but also in understanding (...) it, and in dealing with ART treatment. Responses to stress caused by infertility were stronger in women and they also perceived this stress more intensely than men. For women the central aspect of infertility was the desire for a child, while for men it was perceived more as a socially imposed obligation to fulfill the male role. (shrink)

Over the past two decades, ethical challenges related to robotics technologies have gained increasing interest among different research and non-academic communities, in particular through the field of roboethics. While the reasons to address roboethics are clear, why not to engage with ethics needs to be better understood. This paper focuses on a limited or lacking engagement with ethics that takes place within some parts of the robotics community and its implications for the conceptualisation of the human being. The underlying assumption (...) is that the term ‘ethical’ essentially means ‘human’. Thus, this paper discusses a working hypothesis according to which by avoiding to engage with roboethics, roboticists contribute to the tacit dehumanisation process emerging in and outside of robotics. An alternative approach includes ‘lived ethics’ which involves not only incorporating formal ethical approaches into the roboticists’ work but also ‘being’ ethical and actually engaging with ethical reflection and practice. (shrink)

Background International electives are often considered a valuable learning opportunity for medical students. Yet, as travelling to lower and middle income countries (LMICs) becomes more common, ethical considerations of such practices emerge. We conducted a scoping review to assess the extent to which five ethical themes were addressed in existing literature about electives, with the aim of investigating the ethical impacts of medical student electives on local resources, patients and clinicians in LMICs. Methods We systematically searched PubMed, Global Health and (...) Embase databases using the search terms “(ethics) AND (medical electives)”. Thematic content analysis was undertaken using a combination of deductive and inductive themes. The deductive themes included: exceeding clinical competence, use of limited local resources, respect for patients and local culture, collaboration with local community/colleagues, and one-sided benefits in partnership. In addition, we also allowed for emerging themes within the data, and conducted a narrative synthesis of the results. Results A total of 37 papers discussed ethical issues relating to medical student international electives to LMICs. More publications were written from the medical student perspective (n = 14), than by the host-institution (n = 5), with nearly half written from third-party perspectives (n = 18). Negative impacts on local host students and impact upon patient care were identified as additional ethical considerations. Conclusions Our review demonstrated that while there is a degree of awareness in the existing literature of the potential negative impacts of medical electives to local LMIC students’ access to medical education and patient care, continued work is needed to ensure equitable partnerships. We recommend that these ethical themes should be further explored in pre-departure elective teaching courses and post-elective debriefs to increase medical students’ awareness of the impact of their presence on host communities. (shrink)

The aim of this article is to question the epistemic presuppositions of applying behavioural science in public policymaking. Philosophers of science who have examined the recent applications of the behavioural sciences to policy have contributed to discussions on causation, evidence, and randomised controlled trials. These have focused on epistemological and methodological questions about the reliability of scientific evidence and the conditions under which we can predict that a policy informed by behavioural research will achieve the policymakers’ goals. This paper argues (...) that the philosophical work of Helen Longino can also help us to have a better and fuller understanding of the knowledge which the behavioural sciences provide. The paper advances an analysis of the knowledge claims that are made in the context of policy applications of behavioural science and compares them with the behavioural research on which they are based. This allows us to show that behavioural policy and the debates accompanying it are based on an oversimplified understanding of what knowledge behavioural science actually provides. Recognising this problem is important as arguments that justify reliance on the behavioural sciences in policy typically presume this simplification. (shrink)

The paper examines a relatively neglected element of Spinoza's theory of mind-body relations: the intentional relation between human minds and bodies, which for Spinoza constitutes their “union”. Prima facie textual evidence suggests, and many readers agree, that because for Spinoza human minds are essentially ideas of bodies, Spinoza is also committed to an ontological and explanatory dependence of certain properties of human minds on properties of bodies, and thus to a version of materialism. The paper argues that such dependence would (...) contradict Spinoza's key epistemological commitments, including the explanatory closure of mental and physical realms, and Spinoza’s claim that all knowledge is knowledge of a thing's causes. The paper argues that Spinoza's dual-reality theory of representation allows us to interpret the intentional relation between human minds and bodies in a way that does not commit Spinoza to a problematic dependence of minds on bodies. This is possible if we take Spinoza's references to properties of bodies in his account of the human mind as references to objectively real bodies, that is as references to the immanent representational content of human minds. (shrink)

The article explores the idea that according to Spinoza finite thought and substantial thought represent reality in different ways. It challenges “acosmic” readings of Spinoza's metaphysics, put forth by readers like Hegel, according to which only an infinite, undifferentiated substance genuinely exists, and all representations of finite things are illusory. Such representations essentially involve negation with respect to a more general kind. The article shows that several common responses to the charge of acosmism fail. It then argues that we must (...) distinguish the well-founded ideality of representations of finite things from mere illusoriness, insofar as for Spinoza we can have true knowledge of what is known only abstractly. Finite things can be seen as well-founded beings of reason. The article also proposes that within Spinoza's framework it is possible to represent a finite thing without drawing on representations of mind-dependent entities. (shrink)

According to the Principle of Conditional Non-Contradiction (CNC), conditionals of the form “If p, q” and “If p, not q” cannot both be true, unless p is inconsistent. This principle is widely regarded as an adequacy constraint on any semantics that attributes truth conditions to conditionals. Gibbard has presented an example of a pair of conditionals that, in the context he describes, appear to violate CNC. He concluded from this that conditionals lack truth conditions. We argue that this conclusion is (...) rash by proposing a new diagnosis of what is going on in Gibbard’s argument. We also provide empirical evidence in support of our proposal. (shrink)

Due to the growing importance of local pro-development attitudes and non-governmental organizations for development, it is important to look at their activities in different subregions. In this work the author presents the results of research carried out in the Leszno subregion on the presence of elements of social capital, the organizational and financial sustainability of NGOs, and their cooperation with public administration in the context of their impact on local development. In addition, through a comparative analysis of selected issues, it (...) recalls the good practices of NGOs in Switzerland which, because of the long tradition of their operation and the experience gained, can also be used in Polish settings. (shrink)

This article examines the historical background, proliferation, and later internationalization of public declarations of forgiveness and remorse, first made in Europe a few decades after the end World War II. The author suggests that these declarations should be understood as a political practice, and bases her claim on three premises: after 1945, politicians began apologizing not only for their own crimes but mainly for those perpetrated by the communities they represented; these declarations implied a tacit acceptance of responsibility of both (...) the group that declares its remorse and of the group that accepts and possibly forgives the former for its past crimes; apart from representing a shared collective moral responsibility, declarations of forgiveness and remorse imply the continuity of a nation. These three premises apply if declarations of forgiveness and remorse are not banal and conventional, but function as a political ritual. The au... (shrink)

En este trabajo presentamos un registro de la historia de vida de Mónica Medina, integrante de la comunidad weenhayek Quebracho, ubicada a 5 kilómetros de Tartagal, provincia de Salta. En esa memoria sobre sus ancestros desde tres generaciones previas hasta el presente, Mónica relata los recuerdos sobre el modo en que su familia vivió la Guerra del Paraguay que les obligó a desplazarse; las epidemias; el proceso de trashumancia y las distintas expulsiones a que se vieron sometidos; los modos en (...) que se fue transformando la vida a medida que se acercaban a los centros urbanos; la aproximación a la política partidaria y la formación de dirigentes; el proceso de conformación de demandas de reconocimiento de identidad étnica y las expectativas de futuro. Partimos de entender que este relato de vida, si bien es individual, se inscribe en la memoria colectiva de su familia, su comunidad y su pueblo, por cuanto resulta de experimentar, desde su trayectoria, ciertos recuerdos comunes. Este registro adquiere aquí un doble sentido epistémico: por un lado, permite conocer datos nodales sobre las trayectorias y las demandas actuales del Pueblo Weenhayek en torno a sus derechos a la identidad en Argentina, y particularmente sobre la disputa que libra por el reconocimiento estatal y social de su carácter de pueblo preexistente; pero a la vez, nos introduce en el trabajo de memoria que es central en el proceso de etnicidad que protagonizan estas comunidades weenhayek en su demanda y ejercicio de derechos actuales. (shrink)

The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts. These results will concern the participation of non-professional participants of a trial and the ways in which they deal with the communication process in the courtroom. The article presents the results of the analysis of the research material conducted in accordance with the detailed research questions and analytical categories. The analysis has especially shown that: (...) (1) the non-professional participants used some legal terminology, but the statements without legal terminology were also communicatively effective; (2) the level of activity of non-professional participants related to participation at the trial varied depending on what the activity concerned; the activity in asking questions to the presiding judges regarding legal issues and the course of the court proceedings appeared to be significant; (3) the non-professional participants’ had a real and significant problem with asking questions during the examination (the proper realization of this element of the trial); (4) the statements of the non-professional participants of a trial were very protective; they used many different “linguistic means of protection” (e.g., acts of supposition or acts of doubt) which are connected with the obligation to tell the truth, the prohibition of concealing the truth and giving false testimony during examination; (5) the non-professional participants of a trial reach for adequate argumentative acts, which are suitable for influencing the perception of specific events or persons, and they strengthen their statements by using appropriate linguistic means of persuasion. (shrink)

The subject of interest of this article is procedural acts considered as double-conventionalized acts. It is assumed in this article that in the case of procedural acts, one can distinguish two levels of conventionalization: the level of a speech act and the level of a procedural act. Both above-mentioned levels affect each other in various ways, what is discussed in the article. As assumed in the article, the analysis of acts characterized by this particular trait and with due account of (...) this trait allows one to observe phenomena that can be hard or even impossible to notice in the process of analyzing acts that are deprived of this trait. Furthermore, it seems that the description of this type of acts may particularly enrich the current discussion on some properties of speech acts held on the grounds of philosophy of language or pragmalinguistics. The research material used in this article as an illustration consists of actual utterances of participants of Polish court proceedings used by them at a hearing. (shrink)

The aim of the paper is to reconsider Habermas’ discourse approach in terms of its usefulness in the realm of public healthcare where, on a microscale, intersubjective communicative situations arise between defined participants, i.e., patients and healthcare providers, patients’ family members, and further eligible contributors to patient-related decision making. A need for more “communicative interaction,” and explicative and practical discourse, is illustrated by two empirical examples of medical decision making which reveal both communicative and discursive deficits. To empower and enable (...) the patient as a rational and autonomous speaker and discourse participant, a Habermasian emancipatory argument and ‘the power of the better argument’ is recalled. The possibility of equal communicative and discursive rights in the light of real inequalities is discussed in the context of a ‘competence gap’ between participants. Further sections focus on the importance of informed consent on the side of the patient and the communicative competences as an important factor of healthcare system. (shrink)