The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of (...) a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

The author proves that rejecting the existence of permissive norms and limitation of norms to prohibitions and commands alone is possible only with reducing the idea of a function. The essence of the function is then the ability of the expression to generate independently the universal norm formation. Such manipulation is easy on the level of logical analysis, but proves risky from other points of view. If we want the deontic logic, which we construct, to consider the fact that permission (...) is pragmatically necessary for the law-maker to convey his normative preferences, we must solve the consequences of the adopted structure of the function of norms, which originate on the socio-linguistic level. It appears, however, that due to a lack of a pragmatic theory useful for lawyers, there is no proof that the pragmatically strong permission can be expressed by means of a lot of prohibitions and commands (dos and don’ts). Besides, reducing permissions only to the language of legal rules is an obligation to accept the structure of an act of communication, which can find its full motivation in the Husserl’s structure of the direct cognition. (shrink)

The article concerns the situation of the judicial application of the law where the entity applying the law refers in a decision-making process to moral principles. The decision should be based on the directives of interpretation, which indicate the need for such a determination of the meaning of the applicable norms so that it remains in harmony with commonly accepted moral rules of the society. The equity has one more purpose; namely, it allows for the process of decision-making—and not just (...) for the process of unifying the decisions—since the mere rule does not specify the algorithm of undertaking them. This rule thus assumes that it will be further specified by phronesis judge who in a given situation will determine—for the purposes of a particular decision—a hierarchy between the criteria of substantive justice “embedded” in this rule. The reference to equity stands for the concretization of an unspecified general rule. We deal here with an indefinite general rule, the application of which is facilitated by a reference to rightness. (shrink)

The article concerns the situation of the judicial application of the law where the entity applying the law refers in a decision-making process to moral principles. The decision should be based on the directives of interpretation, which indicate the need for such a determination of the meaning of the applicable norms so that it remains in harmony with commonly accepted moral rules of the society. The equity has one more purpose; namely, it allows for the process of decision-making—and not just (...) for the process of unifying the decisions—since the mere rule does not specify the algorithm of undertaking them. This rule thus assumes that it will be further specified by phronesis judge who in a given situation will determine—for the purposes of a particular decision—a hierarchy between the criteria of substantive justice “embedded” in this rule. The reference to equity stands for the concretization of an unspecified general rule. We deal here with an indefinite general rule, the application of which is facilitated by a reference to rightness. (shrink)

„O pełnej znajomości prawa można mówić tylko wówczas, gdy zna się prawo i wytworzone przez praktykę reguły posługiwania się nim” – pisał swego czasu Marek Zirk-Sadowski. Pogląd ten wiąże się z niezwykle istotnym sporem o kryterium poprawności dokonywanej przez sędziów wykładni prawa. Zlokalizowanie takiego kryterium wydaje się być szczególnie ważne choćby ze względu na zawartą w naszym systemie prawnym konieczność realizowania zasady trójpodziału władzy, zgodnie z którą w procesie stosowania prawa nie może dochodzić do tzw. kryptoprawotwórstwa. Celem (...) niniejszego tekstu jest zaprezentowanie wybranych koncepcji poprawności wykładni prawa oraz ich krytyka w świetle neopragmatyzmu Stanley'a Fisha, filozofa prawa oraz profesora literaturoznawstwa, którego głównym przedmiotem refleksji był problem interpretacji. Filozofia amerykańskiego neopragmatysty opiera się na dwóch koncepcjach: reader-response criticism i wspólnotach interpretacyjnych. Reader-response criticism polega na skupieniu się na afektywnym aspekcie procesu interpretacji, uznając czytelnika za kluczową instancję tego procesu; koncepcja wspólnot interpretacyjnych z kolei ma wytłumaczyć, dlaczego podmiot interpretuje w taki a nie inny sposób. Zaproponowana przez Fisha metoda pozwala uznać, że de facto jedynym możliwym kryterium poprawności wykładni są inne decyzje sędziowskie. W świetle powyższych uwag wydaje się zasadnym stwierdzenie, że podejście Fisha umożliwia pogłębienie refleksji na temat jednej z kluczowych kwestii zarówno dla praktyki jak i teorii prawniczej, tj. poprawności wykładni prawa. (shrink)

This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this (...) field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics. (shrink)

This chapter outlines an embodied conception of noise. From an enactive and ecological perspective noise is an inevitable complement to the richness of bodily sensitivities and complex actions. The world around us, the universe, is replete, full of inexhaustible texture available to be explored at every scale at which we are capable, or can become capable, of making distinctions. Drawing on work in ecological psychology I suggest that noise is our experience of that encompassing fullness, and can be encountered in (...) a number of different ways depending on the organisation of our bodies and activities at different scales across a given period. While that fullness can be overwhelming, and create challenges for us to distinguish and coordinate effectively with the particular aspects of the world most relevant to our present concerns - noise can be intrusive and disruptive - I argue that there are significant positive aspects to the phenomenon. Noise is an inherent part of the rich messiness of the world as discussed in recent enactive work, which provides both robustness to developmental processes as well as opportunities for action that support adaptive agency. In a noisy, messy world there are always more options available to explore. (shrink)

Descriptions of bodies within the literature of the enactive approach to cognitive science exhibit an interesting dialectical tension. On the one hand, a body is considered to be a unity which instantiates an identity, forming an intrinsic basis for value. On the other, a living body is in a reciprocally defining relationship with the environment, and is therefore immersed and entangled with, rather than distinct from, its environment. In this paper I examine this tension, and its implications for the enactive (...) approach, particularly the enactive conceptions of life and bodies. Following the lead of others, I argue that enactive cognitive science can benefit from a deeper reading and integration with extant work on the complexity and multiplicity of the living body within feminist philosophy and feminist science studies. (shrink)

Jaśkowski’s discussive logic D2 was formulated with the help of the modal logic S5 as follows (see [7, 8]): \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${A \in {D_{2}}}$$\end{document} iff \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\ulcorner\diamond{{A}^{\bullet}}\urcorner \in {\rm S}5}$$\end{document}, where (–)• is a translation of discussive formulae from Ford into the modal language. We say that a modal logic L defines D2 iff \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${{\rm D}_{2} = (...) \{A \in {\rm For^{\rm d}} : \ulcorner\diamond{{A}^{\bullet}}\urcorner \in {\it L}\}}$$\end{document}. In [14] and [10] were respectively presented the weakest normal and the weakest regular logic which (†): have the same theses beginning with ‘\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\diamond}$$\end{document}’ as S5. Of course, all logics fulfilling the above condition, define D2. In [10] it was prowed that in the cases of logics closed under congruence the following holds: defining D2 is equivalent to having the property (†). In this paper we show that this equivalence holds also for all modal logics which are closed under replacement of tautological equivalents (rte-logics).We give a general method which, for any class of modal logics determined by a set of joint axioms and rules, generates in the given class the weakest logic having the property (†). Thus, for the class of all modal logics we obtain the weakest modal logic which owns this property. On the other hand, applying the method to various classes of modal logics: rte-logics, congruential, monotonic, regular and normal, we obtain the weakest in a given class logic defining D2. (shrink)

Can we see the expressiveness of other people's gestures, hear the intentions in their voice, see the emotions in their posture? Traditional theories of social cognition still say we cannot because intentions and emotions for them are hidden away inside and we do not have direct access to them. Enactive theories still have no idea because they have so far mainly focused on perception of our physical world. We surmise, however, that the latter hold promise since, in trying to understand (...) cognition, enactive theory focuses on the embodied engagements of a cognizer with his world. In this paper, we attempt an answer for the question What is social perception in an enactive account? In enaction, perception is conceived as a skill, crucially involving action, an ability to work successfully within the set of regularities, or contingencies that characterize a given domain. If this is the case, then social perception should be a social skill. Having thus transformed the question of what social perception is into that of what social skill is, we examine the concept of social contingencies and the manner in which social skills structure—both constrain and empower— social interaction. Some of the implications of our account for how social and physical perception differ, the role of embodiment in social interaction and the distinction between our approach and other social contingency theories are also addressed. (shrink)

Die Beiträge zur Altertumskunde enthalten Monographien, Sammelbände, Editionen, Übersetzungen und Kommentare zu Themen aus den Bereichen Klassische, Mittel- und Neulateinische Philologie, Alte Geschichte, Archäologie, Antike Philosophie sowie Nachwirken der Antike bis in die Neuzeit. Dadurch leistet die Reihe einen umfassenden Beitrag zur Erschließung klassischer Literatur und zur Forschung im gesamten Gebiet der Altertumswissenschaften.

The world of Jedi is very different from our own, that their awareness of the universe is more encompassing, richer. The Jedi call that mystical aspect of reality they perceive the Force. Jedi younglings and padawans must put their body to new uses, perform new tasks, and learn new skills in physical activities that have profound effects on the way they see the world around them. What the Jedi say more than anything else about the Force is that it flows. (...) Jedi who are able to coordinate their actions with that flow can work with the full potency of the universal relationship between all things. Jedi do not need a special Force‐organ to perceive the Force. The Force is not something Jedi just see, or hear, or taste, or touch, but rather it is something they experience on its own terms, probably using their whole body to do it. (shrink)

Enactive and ecological approaches to cognitive science both claim a “mutuality” between agents and their environments – that they have a complementary nature and should be addressed as a single whole system. Despite this apparent agreement, each offers criticisms of the other on precisely this point – enactivists claiming that ecological psychologists over-emphasise the environment, while the complementary criticism, of agent-centred constructivism, is levelled by ecological psychologists at enactivists. In this paper I suggest that underlying the confusion between the two (...) approaches is the complexity of agency, which comes in different forms, at different scales or levels of analysis. Cognitive science has not theorised the relationship between these different forms in a sufficiently disciplined manner, and a task therefore remains of finding a way to map the complex territory of agency. (shrink)

ABSTRACT The Gödel–Dummett logic and Łukasiewicz one are two main many-valued logics used by the fuzzy logic community. Our goal is a quantitative comparison of these two. In this paper, we will mostly consider the 3-valued Gödel–Dummett logic as well as the 3-valued Łukasiewicz one. We shall concentrate on their implicational-negation fragments which are limited to formulas formed with a fixed finite number of variables. First, we investigate the proportion of the number of true formulas of a certain length n (...) to the number of all formulas of such length built with exactly one variable. Then, we investigate such proportion for satisfiable formulas. Second, we generalise our investigation on formulas written with $ k\ge 1 $ k ≥ 1 variables. The primary goal of the paper is the research on the asymptotic behaviour of these fractions when the length n tends to infinity. If such limits exists, they are real numbers between 0 and 1, which are called the density of truth or the density of SAT. To compare the density of truth and the density of satisfiable formulas for both fragments of 3-valued Gödel–Dummett's and Łukasiewicz's logics we use the powerful theory of analytic combinatorics. This paper is a natural continuation of the previous brief conference note by Kostrzycka and Zaionc (2020) as well as enriched with some previous results from Kostrzycka and Zaionc (2003). In the conference note we computed analytically the density of truth and the density of SAT (with a determined precision) for 3-valued Łukasiewicz's logic restricted to a language with only one variable. In Kostrzycka and Zaionc (2003) we computed the same values for exactly the same fragment of the 3-valued Gödel–Dummett logic. This paper answers the more general questions of the existence of density of truth and density of SAT for both many-valued logics with an arbitrary finite number of variables. Therefore this paper gives an an interesting picture of two main families of finite-valued fuzzy logics problems treated quantitatively. This picture is taken from the perspective of classical logic. It shows that unexpectedly there is quantitatively a little distance between these two approaches. (shrink)

The subject of the book is a reconsideration of the internalistic model of composition of the Platonic type, and its application in the ontology of quantum theory. Nonseparability is at the centre of quantum ontology. Quantum wholes are atemporal wholes governed by internalistic logic, requiring a relativization of fundamental notions of mechanics.

Perceptual modalities have been traditionally considered the product of dedicated biological systems producing information for higher cognitive processing. Psychological and neuropsychological evidence is offered which undermines this point of view and an alternative account of modality from the enactive approach to understanding cognition is suggested. Under this view, a perceptual modality is a stable form of perception which is structured not just by the biological sensitivities of the agent, but by their goals and the set of skills or expertise which (...) they are deploying at a given time. Such a view suggests that there is no such thing as an experience that is purely visual, auditory, or otherwise modal and that our attempts to understand consciousness and the mind must be conducted within a framework that provides an account of embodied, goal-directed adaptive coping with the world. (shrink)

Dotyczy: przestrzeń, czas, ciało, kognitywistyka, fenomenologia.

The book deals with distorted humanities and social sciences and examines alternatives. The topic is analysed in a way that is ground-breaking in its global comparison of research in Central Europe, Latin America, China, Russia, Africa and India.