In the article some applications of the concept of legal narrative are undertaken in the perspective of Bernard Jackson’s legal semiotics. The analysis are developed in the perspective of Polish social and economical changes of recent decades. The leitmotif is constituted by remarks on sociolinguistic aspects of teaching legal narratives in changing reality. In this context a...
The aim of this article is to present the problem of new psychoactive substances – designer drugs. New drugs are undoubtedly a social and legal problem. The existing legal regulations lag behind the producers of designer drugs who use all the available methods to bypass the law, which is a kind of race between criminals and the legislator. In the author’s opinion the current...
Major lethal conflicts (war crimes, genocides) between large social actors include many times opposing social representations, narratives and practical approaches to the events worked out by those placed on the aggressor or aggressed, perpetrators or victims’ side. War crimes and genocides seem to be historically associated, mainly in the case of dictatorial regimes, with system...
In this essay I want to concentrate on observers’ baseline assumptions on how we should be, or should have become in order to be accounted as morally ‘good.’ I will point out the significance for adult children who decided to not care for their elder parents. In three selected studies I show that observers, in trying to explain the decisions of others, or their moral development...
Forensic psycholinguistics is an emerging interdisciplinary subject that makes use of the psychological methods to analyze the linguistic phenomena in legal activities and therefore it is of the multiple and cross-disciplinary nature. In ancient Chinese culture there were written expressions with thoughts of forensic psycholinguistics and its practices. In Western countries the...
Postmodernism, which emerged in the 1960s, involves a wide range of fields and carries out all-round critical reflections on the foundation, tradition and other aspects of the development of modern civilization. Postmodern morality came into being with the popularity of postmodernism in western countries. It features obvious “de-universality” and provides a new mirror for reflec...
Etyka nikomachejska, Księga VI
The article concerns book VI of Aristotle’s Nicomachean Ethics on the integrated approach to the dianoetic (intellectual) dispositions in the field of thinking, action and production, with the leading con-cept of phronesis as practical wisdom. We propose here a new Polish translation of this book in a rendition as close to the Greek original as possible. For the sake of clarity...
The author assumes that modern, Western constitutionalism, with its emphasis on individual rights, is not the only form of constitutionalism, understood as ideas of restrictions imposed on government activities, practiced throughout history. In the author’s opinion, the current crisis of the dominant paradigm of constitutionalism is caused by the contradictions of liberal...
The Constitutional Tribunal`s task is to examine the constitutionality of legal acts. The dispute over the Tribunal in Poland in 2016–2017 raises the question whether it still performs this function. The author addresses this issue in the light of the analysis of judgments issued by the Constitutional Tribunal in 2017. In conclusion, the Author indicates that due to the nature of...
This paper debates abusive constitutionalism and constitutionalism abused as ways to introduce a fundamental change of political system. Abusive constitutionalism consists in a change of a democratic regime in a less democratic one with the help of democratic means, i.e. democratically legitimized change of the existing constitution, or proclamation of a new constitution, as it...
The aim of this article is to consider the hypothesis: relations between law and intimacy should be described and reflected also on the basis of concepts emerging in social sciences and philosophy. Traditional methods and categories of jurisprudence are not enough here. Relations between the law and intimacy are „hidden”, for example, in art. 47 and art. 18 Polish Constitution...
This article is devoted to the problem of the obligations of a human and citizen in the Polish constitution. This matter is shown from the philosophy and legal point of you. The aim of the article is to show what influence the philosophy of human rights had on regulating the obligations of human and citizen in the European and Polish law. The main idea is, that the constructions...
The paper analyses the sources of diversity in opinions about the acceptability of direct application of constitution by courts in the so-called confrontational version (a judicial review: the refusal of application of the parliamentary act which is incoherent with a constitution). I claim that such differences result from diverging assumptions accepted within analytic...
The purpose of this article is to analyse the relationship between adjudication and the concept of the political. By referring to the understanding of the concept of the political developed inter alia by Carl Schmitt and Chantal Mouffe, the article posits that not all judicial decisions (individual instances of adjudication) should be treated as belonging to the sphere of the...
The article discusses the nature and role of constituent power in contemporary constitutional democracies. It presents the genesis of the concept of constituent power (phrased by Joseph Emmanuel Sieyès within the distinction between «pouvoir constituant» and «pouvoir constitué»), different approaches to this concept framed in the XXth century legal science by such thinkers as H...
This paper addresses two key issues. The first involves an analysis of the connections between the ideas of republicanism, liberalism and constitutionalism. The second concerns the republican idea of self-determination and, consequently, the issue of the legitimation of law. The first section of the paper puts forward the thesis that constitutionalism can nowadays be understood...
The objective of the paper is to present various forms of constitutionalism, with a special focus on constitutionalism understood as a form of reflection of political community. The paper adopts the perspective of reflexivity theory in order to reconstruct the basic alternatives in that regard, and also to reveal their potential advant ges and weaknesses. As it is demonstrated...
The contents of the paper present the basic assumptions of Józef Nowacki’s theory of law. The author was a proponent of Hans Kelsen’s theory. The characteristic of Józef Nowacki’s views was the conviction that the foundations of the study of the aw should be their „purity”. It is understood by him as freedom from any ideological assumption. This approach is consistently presented...
Question of relation between an essence and an existence was one of major medieval philosophical problems. The first ones who started considerate this issue were Muslim thinkers, especially Avicenna and Averroes. The latter of them was one of the main figure in this debate. Étienne Gilson claims that on ground of Averroes’ thought Aristotle struggles with problem of existence...
Fostering moral competence with KMDD® may give the best results thanks to be suitable for our brain and its processes. Neuropsychological research shows importance of fostering moral competence with KMDD® for dlPFC and vmPFC cooperation. It should be taken into account that brain learns moral competence due to neuroplasticity and e.g. changes in the attention processes and high...