This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms guaranteed (...) by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)

Topics in Cognitive Science, Volume 14, Issue 3, Page 508-527, July 2022.

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)

The aim of this article is to demonstrate that the theory of changes in perspectives allows a different presentation of the problems which arise from a loss of recognition as an element of punishment, particularly in reference to others, the entire structure of the interaction is changed. Communicative conditions of moral discourses assume that every participant of the argumentation process takes place in all spheres of social life and can assume the perspective common to all other participants. The main task (...) of criminal law is, then, the protection of elementary aspects of one’s role as a participant of interaction without which the chain of mutual recognition and understanding could be freely and at any moment infringed by any given participant of interactions, i.e. the protection of such rights. (shrink)

In the original publication of the article, the paragraph beginning “We begin with two steps or lawyers…” should read as “We begin with two steps or layers privileging jurisdictio as potestas.

The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems’ nature are taken into account.

The analysis of atomic sentences and their subatomic components poses a special problem for proof-theoretic approaches to natural language semantics, as it is far from clear how their semantics could be explained by means of proofs rather than denotations. The paper develops a proof-theoretic semantics for a fragment of English within a type-theoretical formalism that combines subatomic systems for natural deduction [20] with constructive (or Martin-Löf) type theory [8, 9] by stating rules for the formation, introduction, elimination and equality of (...) atomic propositions understood as types (or sets) of subatomic proof-objects. The formalism is extended with dependent types to admit an interpretation of non-atomic sentences. The paper concludes with applications to natural language including internally nested proper names, anaphoric pronouns, simple identity sentences, and intensional transitive verbs. (shrink)

In this paper we consider a claim that in the natural world there is no fact of the matter about the spatio-temporal separation of events. In order to make sense of such a notion and construct useful models of the world, it is proposed to use elements of a non-classical logic. Specifically, we focus here on causality, as a concept tightly related with the assumption of there being distinct, separate events, proposing a model according to which it can be considered (...) to be spatio-temporally graded. It is outlined how this can be described using the formalism of fuzzy sets theory, with the degree of causality varying between 1, that is no separation between causes and effects, and 0, that is perfect separation between causes and their effects as in classical ’billiard balls’ models of physical systems, namely such based on the notion of ideal mathematical point. Our model posits that subjective moments of time are like fuzzy sets, with their extension determined by local degrees of causality, resulting from information integration processes extended gradually in space and time. This, we argue, is how a notion of causality could be, to a certain degree, spared and reconciled with a variant of Bergsonian duration theory as formulated in the theory of continuous change. Relation of the proposed viewpoint to other theories, as well as possible solutions it suggests to various problems, in particular the measurement problem, are also discussed. (shrink)

According to the expertise defense, practitioners of the method of cases need not worry about findings that ordinary people’s philosophical intuitions depend on epistemically irrelevant factors. This is because, honed by years of training, the intuitions of professional philosophers likely surpass those of the folk. To investigate this, we conducted a controlled longitudinal study of a broad range of intuitions in undergraduate students of philosophy (n = 226), whose case judgments we sampled after each semester throughout their studies. Under the (...) assumption, made by proponents of the expertise defense, that formal training in philosophy gives rise to the kind of expertise that accounts for changes in the students’ responses to philosophically puzzling cases, our data suggest that the acquired cognitive skills only affect single case judgments at a time. There does not seem to exist either a general expertise that informs case judgments in all areas of philosophy, or an expertise specific to particular subfields. In fact, we argue that available evidence, including the results of cross-sectional research, is best explained in terms of differences in adopted beliefs about specific cases, rather than acquired cognitive skills. We also investigated whether individuals who choose to study philosophy have atypical intuitions compared to the general population and whether students whose intuitions are at odds with textbook consensus are more likely than others to drop out of the philosophy program. (shrink)

Brandom (Citation1994) made inferentialism an intensely debated idea in the philosophy of language in the last three decades. Inferentialism is a view that associates the meaning of linguistic expression with the role said expression plays in inferences. It seems rather uncontroversial that the correct theory of meaning should distinguish between linguistic correctness and factual correctness. For instance, speaker S can be wrong in saying ‘I have arthritis’ in two distinct ways: (i) S fails to apply a word correctly to make (...) a true statement due to having made a factual error, and (ii) S uses an expression incorrectly because they are wrong about its meaning. In this paper, I show that properly understood normative inferentialism can make room for such a distinction. I propose that linguistic correctness is a structural issue: linguistic mistakes stem from the improper or insufficient acquisition of an inferential role. Factual correctness, on the other hand, is a one-off issue of the correct application of inferential rules to a particular situation. I argue that, by tying the issue of correctness to the game of giving and asking for reasons, inferentialism can establish a reliable method for distinguishing between two types of correctness (and mistakes). (shrink)

Boreal forests store a globally significant pool of carbon (C), mainly in tree biomass and soil organic matter (SOM). Although crucial for future climate change predictions, the mechanisms underlying C stabilization are not well understood. Here, recently discovered mechanisms behind SOM stabilization, their level of understanding, interrelations, and future directions in the field are provided. A recently unraveled mechanism behind C stabilization via interaction of root‐derived tannins with fungal necromass emphasizing fungal necromass chemistry is brought forth. The long‐lasting dogma of (...) the stability of SOM on minerals is challenged and the newest insights from the field of soil fauna and their influence on SOM stabilization are provided. In conclusion, mechanisms unraveled during the last decade are crucial steps forward to draw a holistic view of the main drivers of SOM stabilization. (shrink)

[ENG] The aim of this paper is to analyze the „possibility puzzle” presented by Shapiro (2011) in the context of the debate between conventionalism and non-conventionalism in speech act theory. Conventionalism claims that for every speech act there is a pattern (convention) which determines its illocutionary force. To perform a felicitous speech act is to fulfil necessary and sufficient conditions for this particular speech act. Non-conventionalism criticizes the view that for every speech act there is a conventional pattern and hidden (...) conditions, which are to be fulfilled. This view maintains the conventional thesis for the so-called strict conventional speech acts (e.g. performatives), but negates using universal quantifier for so-called communicative speech acts whose aim is, in short, to express an intention and force someone to act by virtue of this intention. As in (Shapiro 2011), Phil said: in order for someone to have the power to make, change and apply rules, there has to be a rule that empowers someone to do so. This objection concerned „The First Legis- lator” only from the conventional perspective on speech acts. If it can be maintained that The First Legislator’s speech acts may be non-conventional, then Phil’s argument misses the point. Finally, I will emphasize that only lawyers analyze „the very first speech acts” whereas for philosophers, the problem of e.g. „the very first question” is less absorbing. -/- [PL] Celem niniejszego artykułu jest przedstawienie tak zwanej Aporii Phila (possibility puz- zle) przedstawionej przez Shapiro (2011) w kontekście sporu konwencjonalizm–nonkon- wencjonalizm w teorii aktów mowy. Konwencjonalizm utrzymuje, że dla każdego aktu mowy istnieje konwencja, która determinuje moc illokucyjną aktu. Wykonać w pełni for- tunny akt mowy to spełnić wystarczające i konieczne warunki określone dla danego aktu mowy. Nonkonwencjonalizm krytykuje pogląd, że dla każdego aktu mowy istnieje okre- ślona konwencja oraz ukryte warunki, które należy spełnić. Ten pogląd utrzymuje kon- wencjonalną tezę dla tak zwanych stricte konwencjonalnych aktów mowy (na przykład performatywów), ale neguje użycie dużego kwantyfikatora dla tak zwanych komunika- cyjnych aktów mowy, których celem jest, w skrócie, wyrażenie pewnej intencji i zmusze- nie kogoś poprzez jej wyrażenie do określonego postępowania. Phil, bohater historii z książki Shapiro (2011), podkreślił, iż zawsze musi istnieć reguła upoważniająca do two- rzenia prawa. Ten zarzut dotyczący „Pierwszego Legislatora” jest zasadny tylko z per- spektywy konwencjonalizmu. Jeżeli można utrzymywać, że akt mowy Pierwszego Legislatora może być nonkonwencjonalny, wtedy argument Phila jest nietrafny. Na końcu scharakteryzowany jest następujący fenomen: tylko prawnicy analizują „pierwsze akty mowy”, natomiast dla filozofów problem „pierwszego pytania” nie jest tak absorbujący. (shrink)

The paper concerns the problem of the legal responsibility of autonomous machines. In our opinion it boils down to the question of whether such machines can be seen as real agents through the prism of folk-psychology. We argue that autonomous machines cannot be granted the status of legal agents. Although this is quite possible from purely technical point of view, since the law is a conventional tool of regulating social interactions and as such can accommodate various legislative constructs, including legal (...) responsibility of autonomous artificial agents, we believe that it would remain a mere ‘law in books’, never materializing as ‘law in action’. It is not impossible to imagine that the evolution of our conceptual apparatus will reach a stage, when autonomous robots become full-blooded moral and legal agents. However, today at least, we seem to be far from this point. (shrink)

This article outlines the contributions of the Kraków School to the field of science and religion. The Kraków School is a group of philosophers, scientists, and theologians who belong to the milieu of the Copernicus Center for Interdisciplinary Studies. The members of the group are engaged in inquiries pertaining to the relationship between theology and various sciences, in particular cosmology, evolutionary theory, and neuroscience. The article includes a presentation of the historical background of the School, as well as its main (...) original contributions pertaining to the history of the interactions between science and religion, the rationality and mathematicity of the universe, theology of science, and the role of logic in theology. (shrink)

In this paper I present how the normative inferentialist can make the distinction between sentence meaning and content of the utterance. The inferentialist can understand sentence meaning as a role conferred to that sentence by the rules governing inferential transitions and content of the utterance as just a part of sentence meaning. I attempt to show how such a framework can account for prominent scenarios presented by contextualists as a challenge to semantic minimalism/literalism. I argue that inferentialism can address contextualist (...) challenges in a simple and effective manner by understanding sentence meaning as broad, but invariant. (shrink)

Despite the great expansion and many benefits of information and communication technologies in healthcare, the attitudes of Polish general practitioners to e-health have not been explored. The aim of this study was to determine the GPs’ perception of ICT use in healthcare and to identify barriers to the adoption of EMR in the Podlaskie Voivodeship. Online and telephone surveys were conducted between April and May 2013. Responses from 103 GP practices, 43% of all practices in the region, were analysed. The (...) results showed that 67% of the respondents agreed that IT systems improve quality of healthcare services. In the GP group who declared at least partial EMR implementation, 71.4% see the positive impact of IT on practice staff processes and 66.1% on personal working processes. In this group, more than three-quarters of GPs did not see any positive impact of ICT on the average number of patients treated per day, number of patients within the practice or scope of services. The four most common barriers to EMR implementation were: lack of funds, risk of a malfunction in the system, resistance to change, and lack of training and proper information. Although the use of ICT by Polish GPs is limited, their attitude to e-health is generally positive or neutral and resembles the overall pattern in Europe. Barriers identified by GPs need to be taken into account to ensure the effective implementation of e-health across the country. (shrink)

Beebe and Buckwalter made the surprising discovery that people are more inclined to attribute knowledge when norms are violated than when they are conformed to. The epistemic side-effect effect is the analogue of the Knobe effect. ESEE was replicated in a number of experiments. It was also studied under various conditions. We have carried out a meta-analysis of research on ESEE. The results suggest that ESEE is a robust finding but its magnitude is highly variable. Two study-level covariates influence its (...) size: the subject of the knowledge attribution and the type of norm that is violated or complied with. The effect size is not influenced, however, by the manipulation of chances, by whether the story is about a side effect or not, by language or by question phrasing. The impact of the Gettierization of the story is marginally significant. (shrink)

The history of the research on peptic ulcer disease is characterized by a premature abandonment of the bacterial hypothesis, which subsequently had its comeback, leading to the discovery of Helicobacter pylori—the major cause of the disease. In this paper we examine the received view on this case, according to which the primary reason for the abandonment of the bacterial hypothesis in the mid-twentieth century was a large-scale study by a prominent gastroenterologist Palmer, which suggested no bacteria could be found in (...) the human stomach. To this end, we employ the method of digital textual analysis and study the literature on the etiology of PUD published in the decade prior to Palmer’s article. Our findings suggest that the bacterial hypothesis had already been abandoned before the publication of Palmer’s paper, which challenges the widely held view that his study played a crucial role in the development of this episode. In view of this result, we argue that the PUD case does not illustrate harmful effects of a high degree of information flow, as it has frequently been claimed in the literature on network epistemology. Moreover, we argue that alternative examples of harmful effects of a high degree of information flow may be hard to find in the history of science. (shrink)

“Il n’y a pas de hors-texte”. Intralinguistic Semantics and Its Philosophical and Cognitive Consequences The aim of this paper is to present and metatheoretically analyse the model of intralinguistic semantics as set forth by Umberto Eco in his Theory of Semiotics. The distinctive feature of this system is the rejection of the realistic category of reference, understood as a correspondence of meaningful units with the extralinguistic domain of interpretation, i.e., with a class of extralinguistic semantic correlates. As a result, the (...) main idea of Eco’s theory is to replace the traditional extralinguistic semantics with the new one, in which the meaning of each unit is determined solely by its relations with the other elements of the system. Language formed in this way is semantically autonomous, intralinguistically closed and self-explaining. Analysis of Eco’s theory by means of the appropriate conceptual apparatus reveals the far-reaching philosophical and cognitive implications of his approach in studies on language, meaning and truth. (shrink)

We have taken a look at the rules of games in order to acquire some knowledge concerning constitutive rules and, probably, institutional phenomena in general. In this paper we tried to elaborate a system account of constitutive rules. We claim that all accounts that put emphasis on the form of rules are vulnerable. It appears that constitutive rules are interconnected and always form a system that can be internally differentiated. Thanks to adopting certain qualitative criterion we were able to distinguish (...) central and peripheral constitutive rules. Moreover, that very account makes it possible to distinguish between different types of practices that are determined by types of systems of rules. Secondly, it appears there are three “layers” of games that should not be confused: deep conventions, constitutive rules that establish the game and determine games’ identities, and “rules of efficiency” that are some sort of recommendations as to how to play well. (shrink)

This paper is an attempt to examine Mattias Kiesselbach’s account of the thesis that meaning is normative that was presented in his recently published article titled “The normativity of meaning: from constitutive norms to prescriptions.” Kiesselbach’s account has three crucial points: the applicability of norms, the transtemporal character of the constitutive norms and commitments incurred by or attributed to the speaker within the scorekeeping practice. I will discuss all these crucial points, and I will argue that his account raises many (...) questions and the anti-prescriptivist about meaning can have reasonable doubts about all of them. (shrink)

The chapter discusses potential benefits of corpus analysis in philosophical investigations, in particular in experimental philosophy. Philosophers often assume that what happens in language is crucial for the analysis of concepts of philosophical interest. In doing so, they commonly appeal to their own linguistic intuitions, which has been claimed to be methodologically dubious (Bluhm 2013, 2016). Bluhm’s own model of philosophical research has a place for corpus analysis. However, the model has some limitations. I present an alternative model for the (...) use of corpus analysis in philosophical research that can be especially useful for experimental philosophy. As an example, I examine Shepard and Wolf (2013) study on the causal structure of Knobe scenarios. Corpus analysis can be used to show that the verb “cause” used in their scenarios has a negative aura. I discuss the implications of this fact for the design of further studies. (shrink)

Barcz and Zaręba (2021) argue that depending on the shape and the size of the asymmetry in attributions of intentional actions one can distinguish various interpretations of the Knobe effect. Their classification of these interpretations can be used to compare judgments of intentional action across different languages and cultures. Our study in three languages (Polish, English and Italian) indicates that there is some cross-cultural variation both in the ascription of intentionality to an action and in the ascription of actions to (...) the agent. (shrink)

The history of the research on peptic ulcer disease is characterized by a premature abandonment of the bacterial hypothesis, which subsequently had its comeback, leading to the discovery of Helicobacter pylori – the major cause of the disease. In this paper we examine the received view on this case, according to which the primary reason for the abandonment of the bacterial hypothesis in the mid-twentieth century was a large-scale study by a prominent gastroenterologist Palmer, which suggested no bacteria could be (...) found in the human stomach. To this end, we employ the methodof digital textual analysis and study the literature on the etiology of PUD published in the decade prior to Palmer’s article. Our findings suggest that the bacterial hypothesis had already been abandoned before the publication of Palmer’s paper, which challenges the widely held view that his study played a crucial role in the development of this episode. In view of this result, we argue that the PUD case does not illustrate harmful effects of a high degree of information flow, as it has frequently been claimed in the literature on network epistemology. Moreover, we argue that alternative examples of harmful effects of a high degree of information flow may be hard to find in the history of science. (shrink)

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in a democratic (...) state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

Although there have been many efforts in the last decade to reconcile the humanities and the information sciences, they have not radically changed the research standards prevailing in most humanistic departments. Against all appearances, the abrupt opening to quantitative methods in the digital humanities still has the character of a minority avant-garde movement. The article looks at the scientometric tradition, largely forgotten by the humanities, which may prove to be another interface bringing the two academic cultures back together. An account (...) of scientometric networks highlights the advantages and disadvantages of this orientation. The broader implications regarding the use of visual networks in the humanities are framed by the category of prostheticity, which aims to encapsulate their ambivalent status as both substitutes and cognitive enhancers. (shrink)