EDITORS INTRODUCTION The present volume includes a series of papers dealing with the main methodological problems of general study of law as discussed in ...

The article attempts to provide a brief account of the ways in which lawyers carry through their arguments concerning some closed moral evaluations or norms and showing how by reference to those norms and evaluations they argue some legal issues as, e.g., the question of the interpretation of legal norms. The author based his reasoning on examples taken from Polish legal literature.

The article presents the ethical conceptions of Czesław Znamierowski, a prominent Polish moral philosopher, professor of general theory of law of University of Poznań. The task of reconstructing Znamierowski’s ideas is rather difficult: his works concerning ethical problems are written with a looseness much unlike thee cautious and priggish style of works presenting the philosophical systems. Moreover, in the course of time his opinions changed in several points.

The application of law means making use of his competence by a subject of law in order to perform in a ”valid” way a definite legal act, basing on a given legal system. The legal act, in a wide meaning of this term, is every act of a conventional character by the adequate performance of which legal obligations of certain subjects, which previously were potentially in force, arise or are actualized. The manner of making use of a granted competence can (...) be unanimously determined, or – and that is of interest in our reasoning – certain limits may be granted to the subject who may decide what use he is willing to make of the awarder competence. (shrink)

The article draws attention to the fact that normative utterances do not describe fragments of the world but due to the fact that they are formulated in certain norm-giving acts they are symptoms of some concurring phenomena. It is quite natural that hearing norms which are proposed by other people we think of them as forms of rational behaviour which are determined by the knowledge and the drives of the people who produce them. This assumption suggests that the fact of (...) enactment of such-and-such a norm is determined by knowledge of the person who proposes the norm. Hence, normative utterances may be considered, without running the risk of a serious fault, symptoms of certain state of affairs or, at least, symptoms of certain conceptions that the norm giver has concerning the states of affairs. (shrink)

This study points to two kinds of relationship between justice and equality: the relationships between the concept of justice and equality, and the relationships between different formulae of justice adopted in social life and the formula of justice based on simple egalitarianism or on the modified formula of egalitarianism. Aristotelian distributive justice postulates identical treatment of similar people, and the controversy arises when it is being decided by virtue of what characteristics similar people are to be treated identically or how (...) differently people should be treated if they possess the relevant characteristic in different degrees. The viable moral doctrines of today accept egalitarian formulae only partially, and for various reasons. The opinions of the society that there is a required dependence of the compound formulae of justice on egalitarian formulae are rather fluid and susceptible to persuasion. (shrink)

'Community' is one of those words that feels good: it is good 'to have a community', 'to be in a community'. And 'community' feels good because of the meanings which the word conveys, all of them promising pleasures, and more often than not the kind of pleasures which we would like to experience but seem to miss. 'Community' conveys the image of a warm and comfortable place, like a fireplace at which we warm our hands on a frosty day. Out (...) there, in the street, all sorts of dangers lie in ambush; in here, in the community, we can relax and feel safe. 'Community' stands for the kind of world which we long to inhabit but which is not, regrettably, available to us. Today 'community' is another name for paradise lost - but for a paradise which we still hope to find, as we feverishly search for the roads that may lead us there. But there is a price to be paid for the privilege of being in a community. Community promises security but seems to deprive us of freedom, of the right to be ourselves. Security and freedom are two equally precious and coveted values which could be balanced to some degree, but hardly ever fully reconciled. The tension between security and freedom, and between community and individuality, is unlikely ever to be resolved. We cannot escape the dilemma but we can take stock of the opportunities and the dangers, and at least try to avoid repeating past errors. In this important new book, Zygmunt Bauman takes stock of these opportunities and dangers and, in his distinctive and brilliant fashion, offers a much-needed reappraisal of a concept that has become central to current debates about the nature and future of our societies. (shrink)

Introduction: Morality in Modern and Postmodern Perspective Shattered beings are best represented by bits and pieces. Rainer Maria Rilke As signalled in its ...

Life in Fragments is a continuation of the themes and motifs explored in Zygmunt Bauman's acclaimed study, Postmodern Ethics (Blackwell, 1993).

Why do most of us consider ourselves free but also believe there is little we can change in the way the world is run - individually, severally, or even collectively? Why has the growth of individual freedom coincided with the growth of collective impotence? Bauman argues that this condition hangs on the agora - the space where private and public meet to seek the creation of 'public good', a 'just society', or 'shared values'. The problem is that little remains of (...) such old style spaces. We cannot, he argues, overcome our collective impotence without resorting to politics and using the vehicle of political agency. Three orientation points for a reconstruction of politics are suggested: the republican model of the state and of citizenship, basic income as a universal entitlement, and re-enabling the institutions of autonomous society by catching up with the controlling extraterritorial powers in an age of globalization. (shrink)

Zygmunt Bauman is one of the leading figures in contemporary social thought. His work ranges across issues of ethics, culture and politics. It never forgets that social thought ought to help men and women make sense of their lives and aspire towards something different. His books and essays always focus on the here and now: violence and moral indifference, globalization, consumerism, politics and individualization. They cast a sharp eye on the panaceas of ‘there is no alternative'; the embrace of (...) community and the fads of the ‘counselling boom'; through which men and women are told that they can achieve biographical solutions to what are, in fact, systemic problems. In this new book, Zygmunt Bauman and Keith Tester engage in five accessible conversations that uncover and explore the assumptions and commitments underpinning Bauman's ground-breaking social thought. The conversations show how those commitments have influenced Bauman's analyses of modernity, postmodernity and ‘liquid modernity'. The book ranges widely, from autobiographical reflection through to pointers for the understanding and future of Bauman's social thought. The conversations illustrate the moral substance of Bauman's refusal to accept that the world cannot be made different. They show why social thought is a human necessity. Conversations with Zygmunt Bauman is a book which will offer fresh insight into Bauman's work for those who are familiar with it, and provide an engaging and helpful entry point for those who are new to it. (shrink)