The aim of this article is to introduce the work of Leopold Blaustein — philosopher and psychologist, who studied under Kazimierz Twardowski in Lvov and under Husserl in Freiburg im Breisgau. In his short academic career Blaustein developed an original philosophy that drew upon both phenomenology and Twardowski’s analytical approach. One of his main publications concerns Husserl’s early theory of intentional act and object, introduced in Logische Untersuchungen. In the first part of the article I briefly present Blaustein’s biography and (...) some general features of his philosophy. The second part provides an overview of Blaustein’s dissertation concerning Husserl’s early phenomenology. In the third and final part I summarize Blaustein’s research, including the critical remarks of Roman Ingarden. (shrink)

Kuala Lumpur is a diverse city representing many different religions and nationalities. Recent government policy has actively promoted unity and cohesion throughout the city; and the country of Malaysia, with the implementation of a programme called 1Malaysia. In this book, the authors investigate the aims of this programme – predominantly to unify the Malaysian society – and how these objectives resonate in the daily spatial practices of the city’s residents. -/- This book argues that elements of urban infrastructure could work (...) as an essential mediator ‘beyond community’, allowing inclusive social structures to be built, despite cultural and religious tensions existing within the city. It builds on the premise of an empirical study which explores the ways in which different communities use the same spaces, supported through the implementation of a theoretical framework which looks at both Western and Islamic conceptualisations of the notion of community. Through the analysis of Kuala Lumpur, this book contributes towards the creation of more inclusive places in multi-ethnic, multi-cultural and multi-religious communities across the world. (shrink)

Can we see the expressiveness of other people's gestures, hear the intentions in their voice, see the emotions in their posture? Traditional theories of social cognition still say we cannot because intentions and emotions for them are hidden away inside and we do not have direct access to them. Enactive theories still have no idea because they have so far mainly focused on perception of our physical world. We surmise, however, that the latter hold promise since, in trying to understand (...) cognition, enactive theory focuses on the embodied engagements of a cognizer with his world. In this paper, we attempt an answer for the question What is social perception in an enactive account? In enaction, perception is conceived as a skill, crucially involving action, an ability to work successfully within the set of regularities, or contingencies that characterize a given domain. If this is the case, then social perception should be a social skill. Having thus transformed the question of what social perception is into that of what social skill is, we examine the concept of social contingencies and the manner in which social skills structure—both constrain and empower— social interaction. Some of the implications of our account for how social and physical perception differ, the role of embodiment in social interaction and the distinction between our approach and other social contingency theories are also addressed. (shrink)

Jaśkowski’s discussive logic D2 was formulated with the help of the modal logic S5 as follows : \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${A \in {D_{2}}}$$\end{document} iff \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\ulcorner\diamond{{A}^{\bullet}}\urcorner \in {\rm S}5}$$\end{document}, where • is a translation of discussive formulae from Ford into the modal language. We say that a modal logic L defines D2 iff \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${{\rm D}_{2} = \{A \in (...) {\rm For^{\rm d}} : \ulcorner\diamond{{A}^{\bullet}}\urcorner \in {\it L}\}}$$\end{document}. In [14] and [10] were respectively presented the weakest normal and the weakest regular logic which : have the same theses beginning with ‘\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\diamond}$$\end{document}’ as S5. Of course, all logics fulfilling the above condition, define D2. In [10] it was prowed that in the cases of logics closed under congruence the following holds: defining D2 is equivalent to having the property. In this paper we show that this equivalence holds also for all modal logics which are closed under replacement of tautological equivalents.We give a general method which, for any class of modal logics determined by a set of joint axioms and rules, generates in the given class the weakest logic having the property. Thus, for the class of all modal logics we obtain the weakest modal logic which owns this property. On the other hand, applying the method to various classes of modal logics: rte-logics, congruential, monotonic, regular and normal, we obtain the weakest in a given class logic defining D2. (shrink)

Referring to basic Weberian notions of rationalization and secularization, I try to find a more accurate sense of the term “secularization”, intending to describe adequately the position of religion in modernity. The result of this query is—or at least should be—a new, original conceptualization of religion as one of finite provinces of meaning within one paramount reality of the life-world, as defined by Alfred Schutz. I proceed by exposing a well known, major oversimplification of the Weberian concept of secularization, very (...) well outlined in Peter Berger’s The sacred canopy, in order to point to the genuine, much more differentiated position of Max Weber in this matter (especially from the period of Foundations of social economic and Economy and society), and, consequently, to return to the roots of Berger’s thought: phenomenological sociology of Alfred Schutz, an attempt to assure the philosophical foundations of Weber’s sociological theory. At a closer glimpse, transformation of religion in the modern process of rationalization does not consist—according to Weber—in eliminating religion and thus depriving society of the religious source of meaning, but in parallel emancipation of many different domains of rationality, including religion itself. Using Schutz’s analysis of the social world as a complex structure of many different final provinces of meaning, I describe religion as such a province and show what does the process of rationalization of this province consist and what it should consist in: a complex, ongoing exchange of cognitive relevances and contents, combined with growing autonomy of many different sub-worlds. Schutz’s theory of symbol, rooted in Edmund Husserl’s description of constitution of complex objects in mono- and polythetic acts of consciousness, moves the analysis to the epistemological level, pointing to a chance of intensifying our cognitive relation to reality through increasing interpenetration of various sub-universes of meaning. (shrink)

The aim of this article is to reconstruct Bocheński’s method of philosophical analysis as well as to clarify the purpose of that method and its basic elements. In the second part of the paper I will compare Bocheński’s method with the methods of modern applied ontology.

The complexity of shale formation interpretation requires an accurate evaluation of a detailed petrophysical model in association with the analysis of the geomechanical properties. Mineralogy plays an important role in controlling shale’s mechanical properties, among which one of the most problematic parameters to establish is the Biot’s coefficient. Although, this parameter is necessary to determine the magnitude of the effective stresses acting in the reservoir, it is not included in the standard protocols used in Poland. This paper presents a comprehensive (...) petrophysical and geomechanical evaluation of the unconventional reservoirs of lower Paleozoic age formation: lower Silurian and Ordovician deposits located in the onshore part of the Baltic Basin. In this study, the Biot’s coefficient from well-log data was calculated. Initially, a calibrated rock-physics model was derived to provide a set of relationships between the elastic and petrophysical properties. Based on an accurate, calibrated petrophysical model, the effective bulk modulus along with the Biot’s coefficient and horizontal stresses were calculated. Ultimately, the tectonic regime was determined. Using full-waveform sonic data analysis, the horizontal anisotropy was estimated. The directions of maximum and minimum horizontal stress were established based on several X-tended Range Micro Imager images of breakout structures and drilling-induced fractures. (shrink)

According to The Consensus Gentium Argument from the premise: “Everyone believes that God exists” one can conclude that God does exist. In my paper I analyze two ways of defending the claim that somebody’s belief in God is a prima facie reason to believe. Kelly takes the fact of the commonness of the belief in God as a datum to explain and argues that the best explanation has to indicate the truthfulness of the theistic belief. Trinkaus Zagzebski grounds her defence (...) on rationality of epistemic trust in others. In the paper I argue that the second line of reasoning is more promising and I propose its improved version. (shrink)

The paper is a contribution to the debate on the epistemological status of thought experiments. I deal with the epistemological uniqueness of experiments in the sense of their irreducibility to other sources of justification. In particular, I criticize an influential argument for the irreducibility of thought experiments to general arguments. First, I introduce the radical empiricist theory of eliminativism, which considers thought experiments to be rhetorically modified arguments, uninteresting from the epistemological point of view. Second, I present objections to the (...) theory, focusing on the critique of eliminativism by Tamar Szabó Gendler based on the reconstruction of famous Galileo's Pisa experiment. I show that her reconstruction is simplistic and that more elaborate reconstruction is needed for an appropriate assessment of the epistemic power of general argument. I propose such a reconstruction and demonstrate that general version of Pisa experiment is epistemically equal to the particular one. Thus, from an epistemological perspective, Galileo's thought experiment is reducible to a straightforward argument without particular premises. (shrink)

History and the philosophy of science have played a very important role in dialectical materialism; their results have been destined to support the correctness of the ideas of Marxist philosophers, especially in their application in historical materialism.From this point of view, the circumstances of the origin of the works of the Marxist classics cannot be neglected: Engels wrote hisDialectics in Nature in the period of classical physics, and Lenin published hisMaterialism and Empirio-Criticism at the beginning of the 20th century when (...) our modern physics first began: shortly before the publication of Lenin's book, Röntgen and Becquerel discovered new kinds of radiation, Balmer published his ideas concerning the regularity of the hydrogen spectrum, Plank wrote his first articles about the elementary quantum and Einstein published his three famous articles (1905). (shrink)

Bell’s theorem cannot be proved if complementary measurements have to be represented by random variables which cannot be added or multiplied. One such case occurs if their domains are not identical. The case more directly related to the Einstein–Rosen–Podolsky argument occurs if there exists an ‘element of reality’ but nevertheless addition of complementary results is impossible because they are represented by elements from different arithmetics. A naive mixing of arithmetics leads to contradictions at a much more elementary level than the (...) Clauser–Horne–Shimony–Holt inequality. (shrink)

The paper criticises psychologism, i.e. the idea that economics is a science of behaviour or that it must be rooted in such a science. The argument is based on Hayek and Popper's thesis that economics studies spontaneous order. First, it is argued that if economics is to retain its traditional distance from psychology, it has to abandon the notion that it is concerned with behaviour. Then it is shown that there is no simple one-way causation from the psychological to the (...) social and that the study of spontaneous order must be non-psychological. Further, an attempt is made to clarify some misunderstandings about the concept of spontaneous order and the differences between psychologism and methodological individualism. Finally, it is suggested that the difference between the psychological and the social can be described conveniently in Popperian terms as the difference between the ?World 2? and ?World 3? phenomena. (shrink)

In the article, I develop some ideas introduced by Edmund Husserl concerning time-consciousness and embodiment. However, I do not discuss the Husserlian account of consciousness of time in its full scope. I focus on the main ideas of the phenomenology of time and the problem of bodily sensations and their role in the constitution of consciousness of time. I argue that time-consciousness is primarily constituted in the dynamic experience of bodily feelings. In the first part, I outline the main ideas (...) of Husserl’s early phenomenology of consciousness of time. In the second part, I introduce the phenomenological account of bodily feelings and describe how it evolved in Husserl’s philosophy. Next, I discuss the idea of bodily self-affection and the affective-kinaesthetic origin of consciousness’ temporal flow. In order to better understand this “pre-phenomenal temporality”, I analyse the dynamics of non-intentional, prereflective bodily self-affection. In the third part, I try to complement Husserl’s account by describing the specific dynamics of bodily experience. In order to do so, I appeal to Daniel Stern’s psychological account of dynamic bodily experience, which he calls the “vitality affect”. I argue that the best way to understand the pre-phenomenal dynamics of bodily feelings is in terms of the notion of rhythm. (shrink)

We show that (contrary to the parallel case of intuitionistic logic, see [7], [4]) there does not exist a translation fromS42 (the propositional modal systemS4 enriched with propositional quantifiers) intoS4 that preserves provability and reduces to identity for Boolean connectives and.

Expert knowledge - a concept associated with Ryle’s distinction of knowledgethat and knowledge-how - functions in distinct areas of knowledge and social expertise. Consisting of both propositional and procedural knowledge, expertise is performative in its essence. It depends not only on expert’s experience and cognitive competences, but also on his or her social and institutional position. The paper considers the role of heuristic and intuitional abilities, including particular experts’ cognitive biases, as the vital and indispensable part of expertise. On the (...) basis of selected managerial and juridical examples it analyzes the epistemological issues: the autonomy versus dependence of expert knowledge as well as the influence of social-cognitive circumstances on expertise. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Is Divine Knowledge Incompatible with Human Freedom? An Analysis of Some Arguments The problem that divine omniscience or divine foreknowledge makes free will impossible belongs to notoriously difficult to solve. In XX century one of the most important interpretation of this difficulty was provided by Nelson Pike. If God believes infallibly and in advance how Smith will act, this fact about the past excludes out all alternatives for Smith. But libertarian account of free will requires alternatives possibilities, so, it could (...) be argue that God’s foreknowledge is incompatible with our free will. This paper carefully criticizes Pike’s argumentation and suggests that because God’s foreknowledge doesn’t eliminate future alternatives through causal means, it is compatible with free will and that Pike’s argument and two briefly analyzed standard arguments for fatalism presented by Zagzebski failed. (shrink)

The production of renewable energy in agricultural biogas plants is being widely criticized because—among other things—most of the feedstock comes from purpose-grown crops like maize. These activities generate competitive pressure to other crops that are used for feeding or food production, worsening their affordability. Unique pretreatment technology that allows substitution of the purpose-grown crops by farming residues was built 6 years ago on a commercial basis in Pěčín under modest funding and without publicity. The design of the concept; financial assessment (...) and moral viewpoint were analyzed based on practical operating data. It showed that the apparatus improves economic, environmental and moral acceptance as well. However, according to the government’s view, public funding for this type of processing was shortened, “because waste materials represent a lower cost”. The impact of such governance was analyzed as well. (shrink)

This article focuses on the production of children’s literature in New Zealand. It problematizes the current practices of releasing and distributing children’s literature, and explores these practices as technologies of control through processes of censorship and classification set by government agencies such as the Office for Film and Literature. Decisions about what is and what is not acceptable for children’s development, it is argued, are not neutral and are instead driven by a neoliberal image of the ‘happy’ uncomplicated child. The (...) article takes the example of the state-funded and distributed My Feelings series as a widely accessible text that is embedded in neoliberal ideology. As this series is distributed to all New Zealand early childhood centres and kindergartens, this article explores understandings of how politics of government influence children’s literature. The work of Václav Havel and Michel Foucault are drawn upon to demonstrate the mechanisms of ideologically driven forms of governmental power that directly impact on the constitution of certain types of childhoods. An example from a contrasting historical and political discourse in the form of communist Czechoslovakia suggests unexpected synergies between neoliberal and socialist ideological frameworks. This analysis further problematizes notions of power in the distribution of children’s literature, and illustrates the influence that political agendas have on the production of idealized political childhood subjectivities. (shrink)

Alexius Meinong's specific use of the term "self-presentation" had a significant influence on modern epistemology and philosophical psychology. To show that there are remarkable parallels between Meinong's account of the self-presentation of experiences and Lehrer's account of the exemplarization of experiences is one of this paper's main objectives. Another objective is to put forward some comments and critical remarks to Lehrer's approach. One of the main problems can be expressed by the following: The process of using a particular experience as (...) a sample, that is, an exemplar that we use to stand for and refer to a plurality of experiences, Lehrer calls "exemplarization". As concrete experiences are multifarious (red and round, for example), how can we single out a specific sort of experiences (the red ones) by the process of exemplarization when we use such a multifarious experience as a sample? (shrink)

In the article I compare two theories of existence in time: Simons’s conception of continuants and occurrents and Ingarden’s ontology of temporally determined objects (i.e. objects enduring in time, processes and events). They can be regarded as different positions in the controversy over substantialism. The main problem of this controversy can be expressed by the question: what is the primary way of being in time—endurance or perdurance? Ingarden and Simons admit that there exist objects characterized by both ways of being (...) but for Simons, unlike for Ingarden, perdurants are the basic objects which the world is composed of. My aim is not to assess both ontologies but to use the comparison of them as the basis of a reconstruction of the principal problems contained in the controversy over substantialism. (shrink)

In this article I consider how the problem of social (intersubjective) cognition relates to time-consciousness. In the first part, I briefly introduce Husserl’s account of intersubjective cognition. I discuss the concept of empathy (Einfühlung) and its relation with time-consciousness. I argue that empathy is based on pre-reflective awareness of the other’s harmony of behaviour. In the second part, I distinguish pre-reflective (passive) and reflective (active) empathy and consider recent empirical research in the field of social cognition. I argue that these (...) levels of empathy are related with different levels of intersubjective temporality. By the intersubjective temporality I do not understand being in the same moment of objective time (so called clock time) but rather the shared experience of time and sharing temporal structure of actions. In the final part, I gather my considerations together and propose a general three-level framework of intersubjective temporality. (shrink)

Biological research with legitimate scientific purpose that may be misused to pose a biological threat to public health and/or national security is termed dual use. In Poland there are adequate conditions for conducting experiments that could be qualified as dual use research, and therefore, a risk of attack on Poland or other countries exists. Optimal solutions for limiting such threats are required, and the national system of biosecurity should enable early, reliable, and complete identification of this type of research. Scientists (...) should have a fundamental role in this process, their duty being to immediately, upon identification, report research with dual use potential. An important entity in the identification system of dual use research should also be the Central Register of Biological and Biomedical Research, which gathers information about all biological and biomedical research being conducted in a given country. Publishers, editors, and review committees of journals and other scientific publications should be involved in evaluating results of clinical trials. The National Council of Biosecurity should be the governmental institution responsible for developing a system of dual use research threat prevention. Its role would be to develop codes of conduct, form counsel of expertise, and monitor the problem at national level, while the Dual Use Research Committee would be responsible for individual cases. In Poland, current actions aiming to provide biological safety were based on developing and passing an act about genetically modified organisms (GMO’s) and creating a GMO Committee. Considering experiences of other nations, one should view these actions as fragmentary, and thus insufficient protection against dual use research threats. (shrink)

In this paper we present a comparison of certain inconsistencyadaptive logics and Jaśkowski’s logic.

The essential objective of the paper is to demonstrate the complexity of issues related to justice in the medical profession. The author claims that the virtue of justice as the foundation of a good doctor's moral attitude and the concept of justice in allocating medical goods are of primary importance. The most important thesis presented in the paper is that even if the so-called social justice needs to be complied with in the public healthcare system, it has nothing to do (...) with the virtue of justice applicable to the medical profession. The idea of social justice is the foundation of the public healthcare system. However, burdening doctors with the necessity to make decisions about rationing access to medical services increases neither their job satisfaction, nor the well-being of patients. Thus, joint efforts of doctors, economists, ethicists and politicians are required in this area. (shrink)

The aim of the paper is to determine how metaphors tackle the probable nature of information and uncertainty in the structure of the communication process. Since the cognitive theory of conceptual metaphors holds that metaphoric thinking and doing are unavoidable, they are employed often in explaining the communicating domains. The metaphorical conceptualizing is recognized in Shannon and Weaver’s Mathematical Theory of Communication where such abstract concepts as freedom of choice, choosing probabilities, and uncertainty ware conceived in that way. It is (...) described in accord with Reddy’s conduit metaphor and Ritchie’s toolmakers paradigm. In the paper the issue of both the advantages and disadvantages of metaphors is considered: mainly, how they can explain and predict ways in which people communicate their expectations or uncertainties as well as, more practically, how the probable/informational metaphors enable the management of knowledge in libraries or databases. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

It is shown here that Suarez (Found. Phys. 38:583, 2008) wrongly presents the assumptions behind the Leggett’s inequalities, and their modified form used by Groeblacher et al. (Nature 446:871, 2007) for an experimental falsification of a certain class of non-local hidden variable models.

The paper is a contribution to the object ontology. The general approach assumed in the investigation is that of Roman Ingarden's The Controversy Over the Existence of the World where an object is the subject-of-properties. The analysis of the form and the mode of existence of properties leads to the rejection of both negative and general properties. Each property is an individual qualitative moment of a particular object. Its form reveals existential heteronomy: the quality of the property is not immanent (...) but refers to the object. The subject of properties has not its own qualitative content: its form is just the internal causality establishing the unity of an object. An object is not causally isolated from other objects, but external causation differs from internal either by being ramified in case of the composition and destruction of an object or reciprocal in case of interaction between coexisting objects. (shrink)