What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are not (...) always expressed by perfect statistical concomitances – the existence of iniquitous laws poses no significant threat to a moralistic analysis of law. Special attention is paid to the debate between Ronald Dworkin and H.L.A. Hart. Dworkin’s over-all position is argued to be correct, but issue is taken with his argument for that position. Hart’s analysis is found to be vitiated by an impoverished conception of morality and also of the nature of government. Our analysis of law enables us to answer three questions that, at this juncture of history, are of special importance: Are there international laws? If not, could such laws exist? And if they could exist, would their existence necessarily be desirable? The answers to these questions are, respectively: “no”, “yes”, and “no.” Our analysis of law enables us to hold onto the presumption that so-called legal interpretation is a principled endeavor, and that some legal interpretations are truer to existing laws than others. At the same time, it accommodates the obvious fact that the sense in which a physicist interprets meter-readings, or in which a physician interprets a patient’s symptoms, is different from the sense in which judges interpret the law. So our analysis of law enables us to avoid the extreme views that have thus far dominated debates concerning the nature of legal interpretation. On the one hand, it becomes possible to avoid the cynical view (held by the so-called “legal realists”) that legal interpretation is mere legislation and that no legal interpretation is more correct than any other. On the other hand, it becomes possible to avoid Blackstone’s view (rightly descried by Austin as a “childish fiction”) that judges merely discover, and do not create, the law. (shrink)

Par son parcours et par sa biographie, l’historien de l’économie Jürgen Kuczynski (1904-1997) illustre les problématiques et les paradoxes d’une partie des marxistes est-allemands. Issu d’une famille « juive assimilée » de la grande bourgeoisie libérale allemande, il a pourtant été l’un des intellectuels les plus renommés en RDA. Son parcours personnel et académique montre qu’il avait à la fois la formation et les références d’un intellectuel classique allemand et l’engagement politique de l’ intelligentsia communiste. Jürgen Kuczynski était (...) un intellectuel cosmopolite polyglotte qui pouvait bénéficier de ses réseaux mais aussi de ses habitus bourgeois pour se présenter comme le « passeur » et l’ Avant-garde du socialisme à travers les frontières politiques et intellectuelles du « rideau de fer ». L’ambivalence de cette figure d’intellectuel marxiste au « parcours exemplaire », est éloquente pour illustrer le rôle paradoxal des intellectuels marxistes-bourgeois dans la société est-allemande. (shrink)

John–Michael Kuczynski says the “paradox of analysis” can be resolved with the proper definition of “partial knowledge.” He says that this definition will not do: (K) S has partial knowledge of x = dfS knows some, but not all, of x’s parts. He offers an alternative account of incomplete or partial knowledge. I argue here that: (a) Kuczynski’s chief criticisms of (K) are defective; (b) his proposed solution to the paradox of analysis has no clear application to the (...) paradox in its familiar forms; and (c) his solution may not avoid the puzzle about partial knowledge it was designed to resolve. (shrink)

The paper presents Professor Janusz Kuczyński’s life as well as his intellectual and organizational activities, his achievements as a publisher and his efforts to establish an environment of followers of his special kind of universalism.

This paper is a critical analysis of the conditions under which a decent world order is possible, an order in which the different peoples of the world can thrive under the conditions of peace, cooperation, freedom, justice, and prosperity. This analysis is done from the standpoint of Janusz Kuczyński’s philosophy of universalism as a metaphilosophy. More than any other in the contemporary period, this philosophy has advanced a focused, systematic, and comprehensive analysis of these conditions on the basis of a (...) universal vision of nature, human nature, and the meaning of human life and destiny. The paper is composed of three parts. The first part is devoted to a short overview of activism in the history of philosophy. The second part is devoted to an analysis of the main elements of universalism as a metaphilosophy, especially the theoretical conditions of establishing a decent world order. The third part is devoted to a discussion of the practical steps that should be taken to establish a decent world order. (shrink)

The address presents Janusz Kuczyński’s main ideas, conception and his diverse and longstanding activity. The author of this essay includes his own reflections on Kuczyński’s views.

ABSTRACT This article explores the effects of scientific governance on personal liberty in interwar Britain through the work and life of German-Jewish demographer Robert René Kuczynski. Kuczynski arrived in Britain as a refugee in 1933 and, within the span of a few years, moved from being a researcher and reader at the London School of Economics to becoming demographic adviser to the Colonial Office. In the service of the British government, Kuczynski realized the first complete demographic survey (...) of the British Empire. Based on extensive primary research at the London School of Economics Archives and the Zentral- und Landesbibliothek Berlin, this article analyses the complex ways in which Kuczynski’s experience as a forced intellectual migrant interacted with – and often contradicted – his scientific work on population and the national and imperial policies that were enabled by it. Doing so, this article points to the inadequacy of merely evaluating personal freedom by means of law and power politics and asks about the hidden constraints in technocratic governance based on scientific knowledge. (shrink)

I propose to elucidate and enlarge upon Professor Janusz Kuczyński’s writings on universalism via modifying the word “humanism” by adding the prefix “post” to enlarge the concept of humanism to include all present and future sentient and non-sentient life and by emphasizing the ethical thread that is the guidepost for dialogue in general and intercultural dialogue in particular. If one is to conduct a genuine dialogue, no relevant points of view should be excluded and so universalism is a necessary condition (...) for genuine dialogue that seeks the truth, and not the better of the other in argument. Indeed, this affords us a clue to Kuczyński’s subtitle of his work, Dialogue and Universalism as a New Way of Thinking. If one thinks of thinking as a search for truth, then genuine dialogue or in sensu stricto, polylogue is, to augment Kuczyński’s notion of dialogue, the only way of thinking. Debate or eristic is not thinking. It is not a search for truth. It is an attempt to defeat the other in argument. If one is to discover the truth, then that truth must be universal. (shrink)

The main purpose of this article is to provide some new texts for studying the history of Catholic Church in XIX century. It is a small contribution to the history of Jesuits, but also the history of Poland, Greece and Turkey. The study concerns a very turbulent period in the history of the Society of Jesus, namely the rebirth of the Society in Europe and in the World. It was a very challenging time in the European history as Greece was (...) slowly regaining its independence, the Polish-Lithuanian Commonwealth was under the oppression of its occupying powers and was suffering the aftermath of its unsuccessful insurrections, and Turkey was trying to suppress the independence movements. Expelled from Russia and Prussia, the Jesuits arrived to the islands of the Aegean Sea, where they undertook the pastoral work of their fellow brethren from the times before the suppression of the Society in 1773. The research presented in this article was carried out in the Jesuit’s archive in Athens and deals primarily with “Polonica”. It is the first attempt to overview the archive under such aspect. During my research trip to Athens in 2018, Father Gabryel Marangos, the Director of Jesuit Archive in Athens, granted me the access to the collection of letters of the Polish Jesuits, which are preserved in the Athenian Archive of SJ. The method of this research was to check the files which directly regard the letters of Father Tadeusz Kuczyński. According to the Director of Athenian Archive there are more documents related to the subject, but they are dispersed among other files. The first part of the article is a brief overview of the history of Jesuits in Greece, whereas the second one is a presentation of some new sources, such as the letters of Father Tadeusz Kuczyński SJ. It is not the whole Polonica from the Athenian Archive and the remaining letters, the fragments of personal diaries, the Community Diary, Books of Charity, the Books of Bell Ringing will be presented in a coming book. The research has a pioneering character and has to be followed by further studies. In this place I would like to express my gratitude to the Greek and French Jesuits for gathering and preserving these documents. I also extend my gratitude to the governing body of the Ignatianum University for covering the costs of the research. (shrink)

In this paper, I endeavor to penetrate to the heart of Janusz Kuczyński’s writings about his concept of universalism and to offer my own deliberations upon it based upon my previous writings concerning universalism and dialogue and on my considerations of necessary conditions for the possibility of universal dialogue taking place. To this end, I posit ten conditions for the possibility of entering into genuine universal dialogue. For clarification of Kuczyński’s concept of universalism, I analyze his concept into meta-universalism and (...) holistic universalism. I also discuss the important role of complementarity in the selection of the content of both types of universalism. Finally, I discuss how the phenomenological epoché can be employed to choose the basic values that constitute the shared values of universalism. In so doing, I make reference to Chinese philosophy to illustrate the universality of ethical values. (shrink)

This paper discusses how Universalism came into being as a metaphilosophy and social movement, and outlines its main characteristics, meaning and content. The paper’s central theme is the accentuation of the two main aspects of Universalism. The first aspect is the key role of dialogue in Universalism. The second is the belief that Universalism is first and foremost a social movement, rather than a philosophical doctrine. In outlining the origins of Universalism, the invaluable role of Professor Kuczyński as its originator (...) is emphasized. The rest of the paper discusses Universalism’s other important characteristics, namely: (1) the quest for truth, (2) the principle of dialogue, (3) a practical approach to scientific knowledge and philosophy, (4) its interdisciplinary nature, (5) patriotism, (6) Europeanism, (7) concern over ecological issues, (8) concern for human beings, (9) a permanent alliance between Universalism, Catholic social science and Christian personalism. (shrink)

This essay is divided into two parts. The first part is an account of my own very personal impressions and memories of my encounter with Janusz Kuczyński’s vision of a “new form of universalism.” I focus on Kuczyński’s attempt to interpret “the meaning of recent history” in his day and times. This account does not aim at a definitive account of Kuczyński’s thinking but rather at my interpretation of what I consider to be the most promising and defensible version of (...) his ideas. This is an account of my impressions as I remember them filtered through personal experiences over the past three decades. Other interpretations are possible and perhaps even necessary for a more complete account.The second part attempts to articulate what I consider to be the lasting relevance of those ideas. I attempt to say something about the meaning of “this moment in history,” unfolding in my place and in my times. I hope to point toward the lasting relevance of Kuczyński’s thinking by relying on those ideas to say something insightful about the ecological, social, and political events occurring as I write this essay, events that are shaped by a historical pandemic as my country erupts into massive political demonstrations seeking social and racial justice in my country. (shrink)

This comparative essay about two kinds of interpersonal-centric humanism is dedicated to the memory of professor Janusz Kuczyński and his conception of dialogical universalism as a metaphilosophy, and shows Immanuel Kant’s thought as a ceaseless source of inspiration for all anti-conservatives and universalists. Kant’s philosophy gave man an unforgettable sense of freedom, because it not only posed the imperative of building a pan-human community of all rational beings, but also revealed the above-natural sense of the human species’ imposition of purposefulness (...) upon itself, and the realisation of this purposefulness in the form of a republican federation of free states dedicated to co-creating eternal peace. Kantian ethics did not reach beyond the obligations people had towards one another, hence it was functionally anthropological and uninfluenced by religion, which re-situated philosophy with regard to scientific cognition and religious experience, giving rise to a metaphysics of anthropological responsibility for the condition of the spiritual freedom this ethic propounded. Kant revealed the existence of a metaphysical difference in the sphere of being—between the determinism of nature and the moral kingdom of freedom—without direct reference to the transcendental source of these two essentially different worlds. Kant was the first to set morality rooted in the autonomy and unanimous will of all rational beings—or true humanity—against legal and religious legalism. Kant laid weight on the processual character of man’s self-education to social life through the sense of commitment to self-improvement for the benefit of the solidary co-existence of all rational beings that he developed in himself as a rational being. Thus created freedom is founded on the selflesness of goodness and represents a new quality of being that only manifests itself and evolves in community, interpersonalcentrically. It is a universalistic approach capable of gradually neutralising the human inclination towards radical evil.My attempt to compare these two interpersonalcentric humanism conceptions aims to add some substance to this very delicate element in Kuczyński’s universalism as a metaphilosophy construct. (shrink)

For my part I seek the metaphilosophical in universalism in the interdisciplinariness concept typical for ecology and system and information theory. I reject monologue as a form of hegemony and propose dialogue as an interpersonal path for seekers and cocreators of truth. I accept relational and reject substantialistic ontologies and all absolutism, including virtues, in an attempt to make room for the quest for common values attainable by those who identify with them on multiple levels (the universalism of Paul of (...) Tarsis). Hence, basing on humanity’s cultural and civilizational multiplicity, I analyze the Europeanism idea through the prism of centripetal and centrifugal forces, locating “Polish” elements on this path. On one hand I approach Europeanism as the most immediate of the environments which reflect and make understandable the spiritual aspects of Polishness, on the other hand I suggest that many of its aspects should be avoided.Nonetheless I commend the disclosure and sustainance of the separateness of ethical norms developed by the ancient Greek from the legal norms instituted by Rome and the religious norms imposed on our western civilization by Christianity. This is something other civilizations lack and what bars them from more intensive participation in humanity’s advancement towards universal civilization—no longer seen as monopolistic, as in the ecological perspective this would only enhance mankind’s destruction. From the Polish perspective the most valuable Europeanism aspects are diversity, methodology in the quest for truth in philosophy, religion and science, openness to the objective products of the human spirit (which Islamic civilization opposed), and a strong accent on praxis.To close I will allow myself reference to Janusz Kuczyński’s Polishness Decalogue, an attempt to analyze the Polish “national spirit” and pinpoint those universal aspects of “Polishness” which—as clusters of empirical, social, theoretical and cultural facts—still fill Polish hearts with pride. Here, as we can see, the initially concretized universality criterion ultimately becomes an applied valuation category. Hence, universalism as a meta-philosophy appears to be a philosophy of essence, not fact, and therefore not subject to valuation. (shrink)

The idea of rational understanding lays very close to the heart of Professor Janusz Kuczyński, an advocate of universalism as well as dialogue between diverse philosophical schools and worldviews, and doctoral advisor to the present paper’s author. This idea’s theoretical conceptualisation—a conceptualisation that has proven to be convincing and adequate to the conditions of the modern world—was developed by Professor Jürgen Habermas, whose ideas and theories were also the subject of a doctoral thesis written by this paper’s author in the (...) latter half of the 1970s under Professor Kuczyński’s tutelage. The author shares some grateful memories of his doctoral tutor, and also sets his one-time attempts to apply the theory of communicative action to two experiences of the real socialism era in Poland against his efforts to analyse contemporary Polish realities through the prism of the communicative rationality conception. This comparison shows that the application of a conception of rationality funded by communicative action to the turbulent transformations under real socialism was to a certain extent naïve—though not devoid of critical significance—and also reveals the preconditions for the implementation of the rules of communicative rationality in social and political reality.The paper is in part dedicated to the memory of Professor Kuczyński, therefore it contains a somewhat extensive account of the circumstances which led the author to study the thought of Habermas under Kuczyński’s tutelage, as well as the consequences of this choice, which proved of considerable significance for his further life. However, the main themes are, first, the validity of applying a conception of rationality funded by communicative action to two significant experiences of the real socialism era, and, secondly, the need—revealed by diagnosing contemporary Polish reality with the help of the communicative rationality conception—for certain preconditions enabling the implementation of this type of rationality in social and political reality. One such precondition is the transition of sufficiently broad parts of society from thinking in terms of worldviews to post-metaphysical thinking in terms of the “lifeworld”. (shrink)