This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the (...) question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making. (shrink)

The purpose of the paper is to present the challenges and difficulties that may be encountered in the process of the evaluation of qualitative research on sex workers by ethics committees. Such research is usually subject to review by ethics committees because of the risk of harm to participants, who are considered “vulnerable”. At the same time, due to the social stigma arising from the provision of sex services, researchers, research participants, and ethics committee members may have their own ideas (...) and expectations about how ethical research in this area should be conducted. Referring to the experience of researchers from common law countries, this paper will discuss how these expectations and the requirements of ethics committees collide, confronting the researcher with the need to meet the divergent or even contradictory expectations of various social actors. I will also propose alternative procedures for Polish ethics committees to ensure that the process of obtaining their approval is more democratic and open to the diverse needs of both researchers and research participants. (shrink)

Bullying has damaging short-term and long-term consequences. Research suggests that perpetrators have low empathy and high moral disengagement, but relations between these variables are unclear and are rarely integrated in a single study. Thus, the objective of this study was to discover if empathy and moral disengagement mechanisms were related to bullying perpetration. This study was conducted with 904 Polish adolescents enrolled in 6 rural and urban upper secondary schools. High affective empathy predicted lower bullying perpetration. Moral-disengagement mechanisms such as (...) moral justification, euphemistic language, advanced comparison, and distorting consequences were uniquely related to increased bullying perpetration. Low affective empathy was also uniquely related to increased perpetration. These findings have important implication for school policy and practice. (shrink)

I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) judgments of lying, after being presented with the state of the world, to be inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content she did not communicate. I performed a survey experiment on the Qualtrics platform. Participants were recruited through Amazon Mechanical Turk. I employed standard Likert scales and forced-choice questions. I found that: average lying judgments are similar in casual and courtroom contexts; motive to lie decreases trust ascription and increases lying judgment; judgments of lying are inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content they did not communicate. Perjury ascriptions are inconsistent. The Supreme Court’s worries expressed in the Bronston judgment are well founded. This article helps reforming jury instructions in perjury cases. (shrink)

The novel On the rocks o f Calvados is the first and the greatest achievement of Antoni Sygietyński’s art. The author of this article considered the work worthy of a special attention with regard to the way of presenting the problem of adultery. The writer gives the social explanation of infidelity not concentrating on the psychological side of this phenomenon. He emphasizes the decisive role of such social factors as: the origin, the model of education and the social milieu. From (...) his point of view they exert a great influence on the main heroine’s behaviour. The subject of the novel centres around the moral dilemmas of an individual more cultured than her fellow-citizens, who is forced to live in a primitive world. Sygietyński’s heroine, Berta – educated in a monastic school in Caen – experiences a painful disappointment after coming back to her family village. Her imagination, excited by the lecture of sentimental romances, lets her dream of an ideal, romantic love. She has high expectations of life. Unfortunately, the reality by no means resembles the literary world of stormy feelings and passions. Berta feels alienated in her own society as the lifestyle of its members conflicts definitely with her beliefs. It is worth noting that the writer shows a very striking picture of Grandcamp’s community. Its primitive and monotonous existence overwhelms the novel’s heroine. The marriage with a brutal, devoid of sensibility fisherman – Gabriel Orange – deepens much her loneliness. Small wonder then that the arrival of the French engineer to the sea-town arouses hope in Berta’s heart again. Armand de Coux seems to be an embodiment of all her yearnings. Berta Boudard commits adultery trusting that the lover will soon free her from such common and boring inhabitants of the fishermen’s village. On the Rocks o f Calvados is not the only work that points out the sociological aspect of a marital betrayal. Thus, this opinion encourages the reader to make further literary research. (shrink)

In this paper I will tackle three issues. First, I aim to briefly outline the backbone of semantic minimalism, while focusing on the idea of ‘liberal truth conditions’ developed by Emma Borg in her book ‘Minimal Semantics’. Secondly, I will provide an account of the three principal views in legal interpretation: intentionalism, textualism and purposivism. All of them are based on a common denominator labelled by lawyers ‘literal meaning’. In the paper I suggest a novel way of viewing this common (...) denominator as almost identical to the Borgian ‘liberal truth conditions’, at least at a conceptual level. In the third section I will focus on the conceptual similarities between the two ideas. I intend to depict that, although legal theorists do not admit it explicitly, they treat literal legal meaning as minimal propositional content that can be ascribed liberal truth conditions. There are two main objections to liberal truth conditions: their under-determinacy and unintuitive character. Both objections can be applied to ‘literal meaning’. However, the idea of liberal truth conditions gives an adequate account of what lawyers call literal meaning and is helpful in explaining the mechanism of understanding of provisions and reasons leading to the necessity of statutory interpretation. (shrink)

O COMPARECIMENTO ELEITORAL FACULTATIVO E O RETROCESSO DEMOCRÁTICO.

The transformation of the modern world of work towards the information society, knowledge society, have a rapid course. These transformations take on a global character, and the most of their consequences are negative. One of them is to base the employment process on the flexible solutions. Nowadays, neither the high level of education, nor the high competences are not enough to give confidence in finding employment. The contemporary labour market is characterised by unstableness, ‘elusiveness’ and, above all, flexibility. The challenge (...) has become a flexible company, which employs only flexible workers within the framework of flexible forms of employment. Despite its universality, the concept of flexibility still remains inconsistent and vaguely defined. (shrink)

Legal and moral luck goes against the basic principle of criminal law that responsibility ascriptions are based on the mental state of the perpetrator, rather than merely the outcome of her action. If outcome should not play a decisive role in responsibility ascriptions, the attempt versus perpetration distinction becomes more difficult to justify. One potential justification is that we never know whether the attempter would not have resigned from pursuing her criminal intent even at the last moment. However, this paper (...) argues that resigning from criminal intent and trying to stop the criminal outcome, which is called the renunciation defense, can be just as subject to outcome luck as the attempt versus perpetration distinction. And yet the availability of the renunciation defense in court is outcome dependent. I show with a series of experiments (N = 479) that outcome dependence for the renunciation defense is perceived as unjust and discuss the implications for the renunciation defense as well as attempt versus perpetration distinction. (shrink)

The paper aims to analyze the scope of female leadership (deanship) at public and non-public law faculties in selected countries from the region of Central and Eastern Europe: Poland, Hungary, Czechia, Slovakia, Lithuania, Latvia, Estonia, Bulgaria, Romania, Slovenia, Croatia, Serbia, Kosovo, Bosnia and Hercegovina, Montenegro. The paper will explore the engagement of women in the administration of law schools operating within public (and non-public) schools (universities) across the region in the latest years. The paper aims to show the number of (...) female deanships at law faculties in the analyzed states. This analysis will be based on statistical data obtained from the available public sources (including national databases as well as the European Union resources) providing the number of female deans and vice-deans appointed or elected by the academia at all higher education institutions within the country. The initial hypothesis states that gender inequality has been present in the deanship of analyzed law schools and reflects general trends in gender equality in Europe. Comprehensive analysis of the central and eastern European states will allow formulating the key conclusions and answering the following research questions concerning the differences in the numbers of women on the key positions within the law faculties in terms of public versus non-public institutions and in the light of the general gender equality trends in the continent. The research methods used for the analysis include a dogmatic method, statistical method as well as comparative method. (shrink)

In the present paper, I argue against the claim that ex aequo and bono adjudication cannot be epistemically objective. I start with a survey of legal rules allowing the parties to resort to ex aequo et bono adjudication. Next, I argue that decisions taken on ex aequo et bono basis are not subjective for three main reasons. First, they are analogous to decision making in hard cases. Second, theories of practical reasoning and hybrid expressivism provide a precise theoretical account of (...) the mechanisms at stake. Third, the context of adjudication provides substantial constraints on judicial tasks. (shrink)

Deaf or hard-of-hearing children who use auditory-oral communication display considerable variability in spoken language and executive functioning outcomes. Furthermore, language and executive functioning skills are strongly associated with each other in DHH children, which may be relevant for explaining this variability in outcomes. However, longitudinal investigations of language and executive functioning during the important preschool period of development in DHH children are rare. This study examined the predictive, reciprocal associations between executive functioning and spoken language over a 1-year period in (...) samples of 53 DHH and 59 typically hearing children between ages 3–8 years at baseline. Participants were assessed on measures of receptive spoken language and caregiver-completed executive functioning child behavior checklists during two in-person home visits separated by 1 year. In the sample of DHH children, better executive functioning at baseline was associated with better performance on the higher-order language measures 1 year later. In contrast, none of the Time 1 language measures were associated with better executive functioning in Time 2 in the DHH sample. TH children showed no significant language-executive functioning correlations over the 1-year study period. In regression analyses controlling for Time 1 language scores, Time 1 executive functioning predicted Time 2 language outcomes in the combined DHH and TH samples, and for vocabulary, that association was stronger in the DHH than in the TH sample. In contrast, after controlling for Time 1 executive functioning, none of the regression analyses predicting Time 2 executive functioning from Time 1 language were statistically significant. These results are the first findings to demonstrate that everyday parent-rated executive functioning behaviors predict basic and higher-order spoken language development 1 year later in young DHH children, even after accounting for initial baseline language skills. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 191-222, June 2022.

The structure of everyday communication reflects metaphorical thinking. People speak about the presence or absence of problems in terms of weather. Problems appear in every¬day life and so does the weather topic. Bad weather often evokes sadness, therefore it can be to said to constitute a problem; similarly, good weather is often equated with cheerful mood. Thus, in view of the above analysis, weather can be seen as an im¬portant experiential basis for conceptual metaphors.

The 2007+ crisis led to an increase in occasional and task work, which unleashed the potential of new technological and organizational solutions. The advancements in digital technological platforms stimulated the growth of the segment referred to as gig economy. The article aims to apply a systematic approach to the driving forces behind the emergence of gig economy and its success to date and to assess its development prospects. It argues to confirm the thesis that gig economy has its own inherent (...) logic, while it remains part of the multi-stage process of the evolution of employee-employer relations, from the industrial stage to the digital era to platform-mediated work. Based on the analysis of the current world literature, the article posits that gig economy, as the next stage of development, has significantly reduced the quality of work, but it may also not meet the individual needs of the contemporary consumer. This increases the likelihood of the need for its change. The article also envisages the direction of this change towards post-platform economy based on distributed market spaces and provides the characteristics of its determinants, including social capital and a sense of individual entrepreneurship. The primary methods used in the study involved analysis and critique of the current world literature as well as the method of analysis and logical construction. (shrink)

W. Baude’s and S.E. Sachs’s paper entitled “The Law of Interpretation” is a fascinating survey of a plethora of cases from the American common law system. The main conclusion of the article is extremely interesting from both philosophical and practical points of view. Namely, the authors claim that there exists something additional in the law that has not been identified before, and this is the law of interpretation. This law of interpretation is claimed to be a set of both written (...) and unwritten rules, including the canons of construction. However, a closer look at the examples provided by Baude and Sachs throughout their paper proves some nonhomogenous nature of the unwritten rules of the law of interpretation. I claim that this nonhomogeneity comes precisely from different, more fundamental facts to which these unwritten rules of interpretation are related. Moreover, I argue that the elements of the law of interpretation that are indeed incorporated into the law are in fact scarce, and I investigate the reasons for this state of affairs. Two main reasons are analyzed—the nature of context and the structure of all-things-considered moral arguments. (shrink)

In the present paper, I argue against the claim that ex aequo and bono adjudication cannot be epistemically objective. I start with a survey of legal rules allowing the parties to resort to ex aequo et bono adjudication. Next, I argue that decisions taken on ex aequo et bono basis are not subjective for three main reasons. First, they are analogous to decision making in hard cases. Second, theories of practical reasoning and hybrid expressivism provide a precise theoretical account of (...) the mechanisms at stake. Third, the context of adjudication provides substantial constraints on judicial tasks. (shrink)

In the present paper we argue that although the semantics of both legal and moral statements can be explained with the use of a unified framework called hybrid or quasi-expressivism (Finlay & Plunkett, 2018), there still is an important difference in the semantics of moral and legal terms. Namely, while the truth conditions of legal statements are widely intersubjectively shared, this is not the case with moral statements. We demonstrate this difference using the example of the ex aequo et bono (...) adjudication method. In the first background section we explain what is hybrid or quasi-expressivism as well as what is the standard account of the semantics of moral and legal statements. In the next section, we explain in detail how we aim to demonstrate that the semantics of legal terms and the semantics of some moral terms, such as ‘goodness’ or ‘fairness’, differ importantly. In order to illustrate the difference, we next explain the ex aequo et bono adjudication method and provide examples of cases in which this method has been employed. Crucially, this method is extremely rarely used, which highlights the difference between the semantics of legal and moral statements. Finally, we provide our interpretation of why ex aequo et bono adjudication is so seldom employed and what consequences this has for a theory of the semantics of legal and moral terms. (shrink)

Polygynous families had been living legally in Russia in the areas inhabited by Muslims from the October Revolution to the mid-twentieth century. However, such a family model was not common among the followers of Islam. An act penalizing bigamy or polygamy was introduced into the Penal Code in 1960. During perestroika, and later changes in the political system, imams who came from abroad began to visit areas inhabited by Muslims. They contributed to the rebirth of religion and promoted the idea (...) of polygamy. Polygyny is the visible sign of dissimilarity and Muslim identity and was an important point in their teaching. In this context the number of polygynous relationships in Russia has increased significantly. The article is dedicated to the analysis of social and political discourse in Russia that has been taking place for several years. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 111-124.

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will (...) be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller ). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”. (shrink)

In the present study, clinically depressed and non-depressed adults described the events that happened to them each day for two weeks, and these descriptions were content analys...

IntroductionThe rapid development of technology has led to the transfer of entertainment to the virtual world. Many games and multimedia applications use the so-called augmented reality. With the development of a new technological branch, a new health problem has emerged, which is infoholic addiction, attracting people with the specific functionality that is cyberspace and the virtual world.ObjectiveThe study aimed to assess health behaviors and the risk of addiction among users of urban multimedia games. Research methodology. The study was conducted among (...) players 1,134 of urban multimedia games—Pokemon GO, in the period March–June 2021. A 990 correctly completed questionnaires were included in the final analyses. The author’s questionnaire was used in the study, which included two standardized measurement scales in the Polish abbreviated version: a questionnaire of emotions and sensations associated with electronic entertainment and a questionnaire on addiction to electronic forms of entertainment. Statistica 13.0 program was used for statistical processing of the data. The probability level was p < 0.05.ResultsThe profile of the gamer was identified as male, aged 18–30 years, with secondary education, not in a relationship, living in a city of more than 100 thousand inhabitants—60.1% of gamers met these criteria. Respondents played urban multimedia games daily. About 26.3% of respondents played this type of game 2–3 h a day. In terms of physical fitness, 64.3% of respondents felt that physical fitness had improved as a result of playing multimedia urban games. In terms of mental condition, most of the respondents said that nothing had changed. It was observed that 72.3% of respondents had some risk of addiction to urban multimedia games.ConclusionUsers of urban multimedia games were usually adult men living in big cities. It was also shown that the defined profile of the player was characterized by a higher risk of addiction to electronic forms of entertainment. It was observed that the respondents most often played urban multimedia games every day in a maximum of two-hour sessions. Based on the tools used, it can be concluded that the study group was characterized by a certain risk of addiction to urban multimedia games. (shrink)

Nature is frequently operationalized as greenery or water to estimate the restorativeness of the environment. Pursuing a deeper understanding of the connection between representation of naturalness and its relationship with restoration, we conducted an experiment aimed to investigate if the sky is perceived as an element of nature. The main goal of this study was to understand how the composition of the environment guides people’s selection of sky as nature in an explicit task. Moreover, we investigated how the amount of (...) visible sky determines this relationship. One hundred five participants participated in a novel explicit judgment task conducted online. In this task, we prepared a set of images trimmed out of 360-degree high dynamic range images. The images were classified according to two primary independent variables representing type of environment and horizon level. Each participant was asked to select, by clicking on the image, what they consider as “nature.” In addition, they were asked to judge images on five visual analogue scales: emotional response, aesthetic preference, feeling of familiarity, the openness of the space and naturalness. For analysis, images were segmented into 11 semantic categories with each pixel being assigned one semantic label. Our results show that, sky is associated with selections of nature in a specific pattern. The relationship is dependent on the particular set of conditions that are present in the environment rather than the type of the environment. The availability of sky on the image affects the selection of other nature labels with selections more likely when only a small amount of sky was available. Furthermore, we found that the amount of sky had a significant positive association with the naturalness rating of the whole image, but the effect was small. Our results also indicate that subjective selections of sky predict the naturalness better than trees and water. On the other hand, objective presence of trees and water has a stronger positive association with naturalness while objective presence of sky is positively associated with naturalness. The results show that, relative to its availability sky is considered as nature. (shrink)