In this paper we discuss L. Petrażycki’s idea of norm as a normative relation and show its repercussions in two perspectives connected to each other, in the legal theory in the framework of which it was originally introduced and where its role was straightforward, and in logic where it played a shadowy role of a fresh idea which in his expectation would have been the core of the novel logical theories capable of modelling reasoning in law and morals. We pay (...) attention to the scholarly environment in which Petrażycki has proposed those ideas and to the unlucky fate of his academic legacy which is now being rediscovered. (shrink)
The first part of the article presents Petrażycki’s theory of moral and legal phenomena, which he called collectively ethical phenomena. The second part is devoted to normative issues. Petrażycki appreciated a specific moral ideal of personality; he wished that men should refute blameworthy acts instinctively and impulsively. Moral rules, according to him, are to be observed not because of the possible consequences of the acts but because of a positive or negative emotional attitude towards the acts as such. He believed (...) that moral rules are always obligatory, independently of the circumstances. (shrink)
The aim of this paper is to outline the general oversight of the concept of law in Leon Petrażycki’s legal theory. On the example of the principles of law, an attempt was made to answer the question, what Petrażycki’s theory proposes to modern science. In the first part of the presentation, the Author presented the current state of theoretical knowledge in the field of principles of law. The attention was paid to the problem of various characteristics of legal principles. (...) In further considerations, an attempt was made to answer the question about adoption of models proposed by Petrażycki in the contemporary theoretical discourse. The summary presents general conclusions of the paper. (shrink)
It is a Preface to Volumes 7:3 and 7:4 consisting of articles presented at the International Interdisciplinary Conference Ideas and Society on the 150th anniversary of the birth of Leon Petrażycki, held on November 24, 2017, in Rzeszów, Poland.
The aim of the paper is to examine the nature of moral and legal norms in a broader context: first, taking into account logical and methodological assumptions, second, in the perspective of psychology of emotions and legal policy. The basic subject of the research carried out by Leon Petrażycki was represented by law. Originally, it had a psychological character, not an objective, eternal, and unchanging one. To fully understand the genesis and nature of morality and law, Petrażycki addressed the (...) study of mental phenomena, especially emotional experiences. First, however, he developed appropriate rules of logic and scientific methodology. Then he developed a new classification of mental phenomena, among which the fundamental role is played by bilateral emotions. At some stage, emotions begin to cooperate with cognitive processes, first of all with imaginations. Imaginations of acts, such as theft, betrayal, murder, can cause repulsive emotions, and type imaginations, such as truthfulness, charity, justice can evoke apulsive emotions. On the basis of such associations, judgments are created over time, the content of which becomes a basis for fundamental rules of conduct, that is, for norms. There are two fundamentally different types of norms: moral norms and legal norms. The norms of the first type are imperative and represent the nature of validity, while the norms of the second type are imperative-attributive and they also always entitle someone to something, i.e. they give someone a right. This division determines a fundamental difference between morality and law. (shrink)
Efficient thinking is the foundation of efficient operation. The correct definition of concepts, especially the basic ones for a given field, in order to reach the truth, is a condition for the development of science and its social utility. The Petrażycki’s research methodology of law is a thoroughly modern method, as it enables effective examination of the accuracy of contemporary legal theories created after Petrażycki’s input. A model contemporary theory susceptible to an examination through the research methodology of law by (...) Petrażycki is the normative theory of legal rules and non-legal standards by Dworkin. For this purpose some falsifications will be subject, i.e. selected ad hoc among many others, two important theories of normative law theory Dworkin. The first one is the thesis classifying legal norms into two groups of norms, namely legal rules and non-legal standards. The second one is a thesis about the existence of who are capable of discovering and issuing lawful and, at the same time, fair court decisions, which are also the only ones for resolving particular court disputes. Unfortunately, owing to the seemingly cognitive research methodology of Petrażycki, both Dworkin’s deformed division of legal norms as well as Dworkin’s Hercules judges - cannot stand the test of authenticity. Due to the Petrażycki’s methodology, the legal-normative theory of Dworkin does not lose an innovative outlook on the existence of social norms, which are being discovered by judges in the jurisprudence, indifferently to the doubts over their proper classification. Moreover, Dworkin’s theory is placed between naive theories, regardless of whether they are considered realistically naive theories or nihilistically naive theories A few random reflections on the well-known work of Dworkin with the help of Petrażycki’s methodology serve to provide a new perspective on the contemporary legal normativity. (shrink)
In pre-revolutionary Russia, law was criticized from many points of view: in the name of Christ or the name of Marx, in defense of anarchism or of an idealized autocracy, on behalf of the "Russian soul" or of universal progress towards socialism. Examining the rich tradition of hostility to law, Walicki presents those Russian thinkers who boldly challenged this legacy of anti-legal prejudice by developing liberal philosophies of law, vindicating the value of human rights and rule of law. He discusses (...) six leading theorists--Boris Chicherin, Vladimir Soloviev, LeonPetrazycki, Pavel Novgorodtsev, Bogdan Kistiakovsky, and Sergius Hessen--all of whom viewed law in the context of wider philosophical and social problems. (shrink)
This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing (...) discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history. (shrink)
The conception of the paper is connected with bringing forward the reflection of Leon Petrażycki on intuitive law. For this purpose I analyze the genesis and dynamics of this phenomenon on the cultural-historical level, as well as with reference to issues belonging to the scope of positive law. In addition, I broaden the research field with the range of problems touching on intuitionism, morality, and also independent ethics of Janusz Kotarbinski. The starting point of the methodological optics I assume (...) is constituted by the multi-aspectual transformations surrounding us in the sphere of axiology. Hence, if the pedagogical aspects are taken into account, it seems to me justified to undertake some actions in order to search for the logically consistent, sensible and universal solutions, which can become an ethical guide-post for the contemporary human being. (shrink)
Truth seems to be an indispensable element of authority which presents itself as being based on more than just power and efficiency. In the domain of law,there is not only and primarily the problem of establishing the truth about the facts which are to be judged; there is also the problem of norms—does their authority rest solely on the act of establishing them, or is there “something behind”, a truth which contributes to the strength of law, and which provides legitimacy (...) to both legislator and to the legal norms themselves. In theoretical reflection, the very possibility of talking about true norms or true evaluations is under challenge, and this view dominates in the academic education of lawyers and other professionals. At the basis of this project lies the conviction that the problem of true norms, and the more general problem of the place of truth in law, is worth re-examining. In the course of such a re-examination, it is also worth returning to certain points in the tradition of thinking about the foudations of law. In the tradition recalled by the papers presented here—by both Italian and Polish authors—a prominent place is occupied by Polish thinkers such as Leon Petrażycki, Czesław Znamierowski, and Zygmunt Ziembiński. The book consists of three major parts. The titles—Tradition, Theory, Practice mark important points of reference in the reflection on truth in the context of law. The contributions relate to these points in different degrees, and each, though placed in one of these parts, also refer to the others. (shrink)
Prior studies in business ethics highlight the role of philanthropy in shaping stakeholders’ perceptions of a firm’s underlying moral tendencies and values. Scholars argue that philanthropy-based character inferences influence whether and how stakeholders engage with firms. We extend this line of reasoning to examine the impact of philanthropy on firms’ contracting costs in the capital market. We posit that philanthropy-based character inferences reduce investors’ agency concerns, thereby reducing firms’ cost of capital. We also posit that the strength of the philanthropy–cost (...) of capital relationship is contingent on uncertainty regarding a firm’s character, visibility of a firm, and prevailing philanthropic norms. We test and find support for our arguments in a longitudinal study of philanthropy and the cost of capital. Our findings have implications for business ethics research on corporate philanthropy and corporate social performance and for organizational research on social judgment. (shrink)
Building on the seminal work of Kit Fine in the 1980s, Leon Horsten here develops a new theory of arbitrary entities. He connects this theory to issues and debates in metaphysics, logic, and contemporary philosophy of mathematics, investigating the relation between specific and arbitrary objects and between specific and arbitrary systems of objects. His book shows how this innovative theory is highly applicable to problems in the philosophy of arithmetic, and explores in particular how arbitrary objects can engage with (...) the nineteenth-century concept of variable mathematical quantities, how they are relevant for debates around mathematical structuralism, and how they can help our understanding of the concept of random variables in statistics. This fully worked through theory will open up new avenues within philosophy of mathematics, bringing in the work of other philosophers such as Saul Kripke, and providing new insights into the development of the foundations of mathematics from the eighteenth century to the present day. (shrink)
The Hungry Soul is a fascinating exploration of the natural and cultural act of eating. Kass brilliantly reveals how the various aspects of this phenomenon, and the customs, rituals, and taboos surrounding it, relate to universal and profound truths about the human animal and its deepest yearnings. "Kass is a distinguished and graceful writer. . . . It is astonishing to discover how different is our world from that of the animals, even in that which most evidently betrays that we (...) too are animals--our need and desire for food."--Roger Scruton, Times Literary Supplement "Yum."--Miss Manners. (shrink)
In this article, the prospects of deflationism about the concept of truth are investigated. A new version of deflationism, called inferential deflationism, is articulated and defended. It is argued that it avoids the pitfalls of earlier deflationist views such as Horwich’s minimalist theory of truth and Field’s version of deflationism.
Modifying a contrast introduced by Dixon, Stephen Mumford distinguishes between ‘partisan’ and ‘purist’ ways of watching sport. Recognising that the extreme partisan and extreme purist positions do not explain the nature of sports spectatorship, Mumford follows Dixon in adopting the idea of moderate partisanship. He outlines three theories of spectatorship designed to address the issue of the relationship between the partisan and the purist ways of viewing sport. The true perception theory regards the moderate fan as able to see the (...) event as it really is, rather than concentrating on an aspect. The mixture theory is the view that ‘the moderate partisan has both partisan and purist perceptions of sport in some mixed way’. The oscillation theory, which Mumford favours, holds that the moderate sports fan switches or oscillates between competitive and aesthetic ways of watching sport... (shrink)
Even though disquotationalism is not correct as it is usually formulated, a deep insight lies behind it. Specifically, it can be argued that, modulo implicit commitment to reflection principles, all there is to the notion of truth is given by a simple, natural collection of truth-biconditionals.
To what extent can we hope to find answers to all mathematical questions? A famous theorem from Gödel entails that if our thinking capacities do not go beyond what an electronic computer is capable of, then there are indeed absolutely unsolvable mathematical problems. Thus it is of capital importance to find out whether human mathematicians can outstrip computers. Within this context, the contributions to this book critically examine positions about the scope and limits of human mathematical knowledge.
In this paper, a general perspective on criteria of identity of kinds of objects is developed. The question of the admissibility of impredicative or circular identitycriteria is investigated in the light of the view that is articulated. It is argued that in and of itself impredicativity docs not constitute sufficient grounds for rejecting aputative identity criterion. The view that is presented is applied to Davidson's criterion of identity for events and to the structuralist criterion of identity of placesin a structure.
[ES] En recientes décadas se ha observado un renovado interés por algunos de los temas clásicos de la ontología, desde áreas de conocimiento externas a la filosofía, sin embargo, este renacimiento ontológico ha «estimulado» una multiplicidad y diversidad de teorías y concepciones «ontológicas» que ha dado como consecuencia una proliferación de «ontologías» y de interminables batallas para determinar qué tipo de «entidades» estudian sus respectivos «dominios», que a su vez se consideran autónomos e independientes entre sí, inclusive de la propia (...) ontología. En este sentido, el propósito de este trabajo es caracterizar y representar de manera adecuada estas «ontologías», dentro del marco general del debate acerca de la naturaleza de la ontología. Es así que, en la primera sección haré un diagnostico de la ontología contemporánea; en la segunda proporcionaré algunas definiciones y caracterizaciones de las principales concepciones, en especial de las denominadas «ontologías aplicadas»; y en la tercera analizaré sí estas concepciones pueden ser consideradas diversos tipos de ontología o simplemente son diversos niveles de ontología. El marco de la discusión no se centrará en confrontar todas estas nociones, sino en describirlas y analizarlas para ofrecer un enfoque sobre el estado actual de la ontología y sus problemas. [EN] In recent decades there has been a renewed interest in some of the classic themes of ontology, from areas of knowledge external to philosophy; however, this ontological revival has «stimulated» a multiplicity and diversity of «ontological» theories and concepts that has resulted in a proliferation of «ontologies» and endless battles to determine what kind of «entities» study their respective «domains», which in turn are considered autonomous and independent, even of ontology itself. In this sense, the purpose of this work is to adequately characterize and represent these «ontologies», within the general framework of the debate about the nature of ontology. Thus, in the first section I will make a diagnosis of contemporary ontology; in the second I will provide some definitions and characterizations of the main concepts, especially the so-called «applied ontologies»; and in the third I will analyze whether these concepts can be considered different types of ontology or simply are different levels of ontology. The framework of the discussion will not center on confronting all these notions, but to describe and analyze them to provide a focus on the current state of ontology and its problems. (shrink)
Williamson has forcefully argued that Fitch's argument shows that the domain of the unknowable is non-empty. And he exhorts us to make more inroads into the land of the unknowable. Concluding his discussion of Fitch's argument, he writes: " Once we acknowledge that [the domain of the unknowable] is non-empty, we can explore more effectively its extent. … We are only beginning to understand the deeper limits of our knowledge. " I shall formulate and evaluate a new argument concerning the (...) domain of the unknowable. It is an argument about knowability. More specifically, it is an argument about what we can know about the natural numbers. Since the domain of discourse will be the natural numbers structure, the notion of knowability can for the purposes of the argument be identified with a priori knowability or – which amounts to the same thing – absolute provability .Suppose, for a reductio, that there exists a property θ of natural numbers such that it is provable that for some natural number n, θ is true but unprovable. …. (shrink)
This study examines the influence of mood on corporate philanthropic giving. Drawing on group emotions theory and affect-infused decision theory, we advance the argument that firms allocate greater resources to philanthropy when headquarters-based employees are in a more positive affective state. We also describe three boundary conditions in this relationship—executives’ embeddedness in the firm, executives’ latitude to engage in philanthropic giving, and the firm’s track record of corporate social irresponsibility. We test our arguments using a longitudinal dataset of philanthropic giving (...) by U.S. firms. Our study contributes to the literature by shedding light on the role of affect in shaping the decision to allocate resources to corporate philanthropy. (shrink)
If mathematics is regarded as a science, then the philosophy of mathematics can be regarded as a branch of the philosophy of science, next to disciplines such as the philosophy of physics and the philosophy of biology. However, because of its subject matter, the philosophy of mathematics occupies a special place in the philosophy of science. Whereas the natural sciences investigate entities that are located in space and time, it is not at all obvious that this is also the case (...) with respect to the objects that are studied in mathematics. In addition to that, the methods of investigation of mathematics differ markedly from the methods of investigation in the natural sciences. Whereas the latter acquire general knowledge using inductive methods, mathematical knowledge appears to be acquired in a different way, namely, by deduction from basic principles. The status of mathematical knowledge also appears to differ from the status of knowledge in the natural sciences. The theories of the natural sciences appear to be less certain and more open to revision than mathematical theories. For these reasons mathematics poses problems of a quite distinctive kind for philosophy. Therefore philosophers have accorded special attention to ontological and epistemological questions concerning mathematics. (shrink)
This article highlights the growing mainstream preoccupation with law, lawyers and litigation on Japanese prime-time television. Specifically, the article focuses on the recent shift from the dramatic and serious in 1990s productions to the more comic in the 2000s and beyond. Linking the semiotics of humour, sociolegal studies and socio-semiotics more broadly, the article argues that an analysis of law-themed comic scenes and skits highlights Japanese society’s heightened interest in the law and yet an enduring social sense that the law, (...) especially legal resolution of conflict, is something incongruous and unrelated to people’s lived realities. Despite Ramseyer’s thesis that “rational” Japanese avoid the law because they bargain in its shadow, this article concludes that the Japanese draw on their emotional intelligence to accept the possibilities of the law for achieving social justice but acknowledge its limits for resolving satisfactorily everyday disputes. (shrink)
Christopher Hom has recently argued that the best-overall account of the meaning of pejorative terms is a semantic account according to which pejoratives make a distinctive truth-conditional contribution, and in particular express complex, negative socially constructed properties. In addition, Hom supplements the semantic account with a pragmatic strategy to deal with the derogatory content of occurrences of pejorative terms in negations, conditionals, attitude reports, and so on, according to which those occurrences give rise to conversational implicatures to the effect that (...) the pejorative terms are non-empty, which explains the offensiveness of those occurrences. In this paper, I aim to defend this semantic strategy from several recent objections, and I will also present a novel objection, which in my view shows that we should understand the semantic account as a version of inferentialism, rather than radical externalism. (shrink)
Debates about the theological implications of recent research in the cognitive and evolutionary study of religion have tended to focus on the question of theism. The question of whether there is any disagreement about the conceptualization of the individual human being has been largely overlooked. In this article, I argue that evolutionary and cognitive accounts of religion typically depend upon a view of cognition that conceptually isolates the mind from its particular social and physical environmental contexts. By embracing this view (...) of the mind, these accounts also unwittingly embrace an abstract individualist view of individual personhood that Christian theologians have explicitly battled against. Taken as a whole, the field leaves sufficient room for supplementary theories that are compatible with theological accounts of the relational individual, but in practice, no effort has been made to engage, or even to accommodate, any other view of individual personhood. (shrink)
Women are underrepresented in the upper echelons of management in most countries. Despite the effectiveness of identity conscious initiatives for increasing the proportion of women, many organizations have been reluctant to implement such initiatives because potential employees may perceive them negatively. Given the increasing competition for labor, attracting talent is relevant for the long-term success of organizations. In this study, we used an experimental design to examine the effects of identity blind and identity conscious gender diversity initiatives on people’s pursuit (...) intentions toward organizations using them. We used counterfactual thinking, derived from fairness theory, as a guiding framework for our hypothesis development and investigated the moderating influence of a forthcoming government-mandated gender quota as well as individual characteristics. Participants reviewed statements regarding workplace diversity initiatives and rated either the initiatives’ effectiveness or indicated their intentions to pursue employment with organizations using them. Of those rating pursuit intentions, half were informed that the country in which they were conducting their job search was about to implement gender quotas. Results indicated a diversity management paradox such that initiatives perceived as more effective made organizations using them less attractive as employers. However, these negative perceptions were mitigated by a government-mandated quota, and also lower among women. Implications for the study and practice of diversity are discussed. (shrink)