This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a "force for good" but rather subjects them to critical scrutiny against a (...) background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government. (shrink)

This book challenges the widespread view of Kierkegaard’s idiosyncratic and predominantly religious position on mimesis. -/- Taking mimesis as a crucial conceptual point of reference in reading Kierkegaard, this book offers a nuanced understanding of the relation between aesthetics and religion in his thought. Kaftanski shows how Kierkegaard's dialectical-existential reading of mimesis interlaces aesthetic and religious themes, including the familiar core concepts of imitation, repetition, and admiration as well as the newly arisen notions of affectivity, contagion, and crowd behavior. Kierkegaard’s (...) enduring relevance to the malaises of our own day is firmly established by his classic concern for the meaning of human life informed by reflective meditation on the mimeticorigins of the contemporary age.​ -/- Kierkegaard, Mimesis, and Modernity will be of interest to scholars and advanced students working on Kierkegaard, Continental philosophy, the history of aesthetics, and critical and religious studies. (shrink)

We propose a non-standard interpretation of Alternating-time Temporal Logic with imperfect information, for which no commonly accepted semantics has been proposed yet. Rather than changing the semantic structures, we generalize the usual interpretation of formulae in single states to sets of states. We also propose a new epistemic operator for ?practical? or ?constructive? knowledge, and we show that the new logic (which we call Constructive Strategic Logic) is strictly more expressive than most existing solutions, while it retains the same model (...) checking complexity. Finally, we study properties of constructive knowledge and other operators in this non-standard semantics. (shrink)

This article engages the considerations of imagination in Kierkegaard and Ricoeur to argue for a moral dimension of the imagination and its objects. Imaginary objects are taken to be mental representations in images and narratives of people or courses of action that are not real in the sense that they are not actual, or have not yet happened. Three claims are made in the article. First, by drawing on the category of possibility, a conceptual distinction is established between imagination and (...) fantasy, (1) I claim that imagination has a moral dimension because it is engaged in considering real-life possibilities. Second, (2) drawing on Kierkegaard and Ricoeur, it is argued that mental representations of selfhood in imagination have a moral dimension because they essentially allow people to understand the development of agency in human selfhood by means of representations of would-be selves and narrative figurations of the self. Third, (3) mental representations of human selves have a moral dimension because they form important points of reference for moral orientations in the field of human praxis (moral pointers). (shrink)

Traditional martial arts continue to be interesting and inspiring to many people around the globe. Some of their contemporary adaptations attract enthusiasts for whom they are especially important. In this article, the author bases his observations on his own long-term participation. The analysis takes into account the influence of the perspectives of Jigoro Kano and several other creators of modern varieties of Japanese budo. It can be concluded that regular, even daily, practice—cultivating martial arts and internalizing its values—co-creates the lifestyle (...) of instructors and advanced students. (shrink)

This paper contains a discussion of striking similarities between influential philosophical concepts of the past and the approaches currently employed in selected areas of computer science. In particular, works of the Pythagoreans, Plato, Abelard, Ash’arites, Malebranche and Berkeley are presented and contrasted with such computer science ideas as digital computers, object-oriented programming, the modelling of an object’s actions and causality in virtual environments, and 3D graphics rendering. The intention of this paper is to provoke the computer science community to go (...) off the beaten path in order to find inspiration for the development of new approaches in software engineering. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Self-esteem and emotional reactivity may be important personality determinants of human functioning in situations of social exposure. In this study, we compared the levels of these personality variables in a group of professional theater actors and a group of professional illusionists with a control group of participants who were neither actors nor illusionists and had no artistic education. We also examined the correlations between emotional reactivity and self-esteem in the three groups. For emotional reactivity, we found (1) very strong evidence (...) that the level is less for magicians than for controls, (2) substantial evidence that the level is less for magicians than for actors, (3) anecdotal evidence that the level is less for actors than for controls, and (4) decisive evidence that the average score is less for males than for females. For self-esteem, we found (1) anecdotal evidence that the level is higher for magicians than for controls, (2) substantial evidence that there is no difference between actors and magicians, (3) anecdotal evidence against a difference between actors and controls, and (4) anecdotal evidence against a difference between males and females. Based on the entire sample we found a moderate correlation between self-esteem and emotional reactivity (r = -.30, p < 0.001). Our results are compatible with the notion that emotional reactivity – as part of the temperament concept – is a factor influencing the choice of an artistic profession. (shrink)

The presented study includes an analysis of the category of ‘good’ on the basis of philosophy and economics. Particular attention was paid here to the factors determining the monetary value (price) of an economic good. While achieving the assumed objective of the research, answers to the following questions were sought: What is the difference, therefore, in the interpretation of good as an axiomatic category and good which the economy deals with? What is the basis for the valuation of goods which (...) are the subject of economic analysis? While seeking answers to these questions, an attempt was made to justify the thesis according to which contemporary understanding of the way of valuating goods by the market is limited to accepting the price understood as a variable representing a kind of relationship set in a given time period. (shrink)

ABSTRACT This article argues for a unique role of imagination and mental images in the moral education of students. Imagination is rendered here as a capacity oriented toward realizable and salient goals; mental images are understood as particular future-oriented self-representations (FOSRs) devised by and held in imagination. FOSRs have four moral attributes: they are 1) expressive of us as moral agents, 2) shape our moral identity, 3) serve as moral pointers, and 4) help devise mitigating strategies. FOSRs can be created (...) and utilized in educational settings to further the goals of moral education by i) fostering sensitivity to moral situations among students, ii) motivating learners to act morally, iii) facilitating environments supportive of moral practice and moral habituation, and iv) helping strengthen cross-situational consistency of moral action. The four moral attributes of future-oriented self-representations (FOSRs) (1–4) that are to be engaged in moral education to further its goals (i–iv) are correlated with four elements of moral education, namely: a) moral awareness; b) moral competency; c) moral motivation; and d) moral capacity. To argue for the special role of imagination and mental images in moral education this paper integrates philosophical research and conceptual and empirical studies in psychology and education on the morality of imagination and mental images. (shrink)

Traditionally, political legitimacy has been associated exclusively with states. But are states actually legitimate? And why should discussions of legitimacy focus only on the nation-state? This volume explores how legitimacy is intertwined with notions of statehood and how it reaches beyond the state into supranational institutions.

SummaryThe Bohr‐Einstein debate on the interpretation of quantum mechanics may be viewed as a discussion on the epistemological status of knowledge gained by physics. It is shown that in fact the advent of quantum theory has led, in a new context, to an old philosophical controversy between epistemological realism and phenomenalism . An inquiry into this controversy, taking into account the contemporary understanding of quantum mechanics based on the axiomatic study of its foundations, leads to the conclusion that contrary to (...) widespread opinion, it is perfectly possible to formulate quantum mechanics in an entirely realistic manner according to the postulate of Einstein. We demonstrate that Bohr's episteme‐logy, in which the role of experimental arrangements in the physical description is taken as a starting point, does not necessarily imply phenomenlism, but may be justifiably considered as a complementary standpoint to the realistic epistemology of Einstein, which is based on the notion of a mental construction which pictures reality. (shrink)

Well-being is becoming an increasingly popular issue in economics. The aim of the article is to present the concept of well-being and the methods of its measurement and to examine the statistical significance between the results obtained by specific indicators. The article was written based on the meta-analysis of the books and scientific papers on the subject, as well as well-being and welfare measurement reports. The study shows that there is a very wide range of theories and concepts related to (...) well-being which are sometimes exceptive. The most important conclusion from the study is that the correlation between welfare and well-being represented respectively by GDP and HDI is very strong, while the correlation between welfare and life satisfaction as well as well-being and subjective well-being are negligible. (shrink)

This is an account of the Uprising fights of a young machinegunner of the “Baszta” Unit from the “W” hour to the honorable surrender at the end of September.

Artykuł prezentuje sposoby pozyskiwania klienta i działania na rzecz jego utrzymania przy pomocy nowych technologii i nowych mediów. Wykazano, iż zarządzanie relacjami z klientem jest pojęciem obszernym ze względu na różnorodność sytuacji, w których kontaktuje się on z przedsiębiorstwem. Zaprezentowano, iż zmiany technologiczne, a zwłaszcza dokonujące się w dynamicznym tempie umasowienie Internetu, przeobrażają oblicza firm i standardy obsługi klienta w stopniu niespotykanym we wcześniejszych pokoleniach. Przedstawiono również, że utrzymanie klienta jest ważniejsze niż pozyskanie nowego – zgodnie z zasadą V. Pareto. (...) Artykuł składa się z czterech rozdziałów. Pierwszy z nich opisuje rozwój metod komunikacji z klientem, które otworzyły się przed przedsiębiorstwami w związku z rozwojem Internetu. Drugi stanowi przegląd metod działań marketingowych polepszających statystyki pozyskiwania i utrzymywania klientów. W trzecim rozdziale opisano strategię zarządzania relacjami z klientami oraz scharakteryzowano typową budowę systemu informatycznego, wspomagającego realizację tejże strategii. Czwarty rozdział stanowi próbę uzasadnienia celowości nakładów ponoszonych na utrzymanie klientów. (shrink)

Expression of physical motion (e.g., man runs by) shows systematic variability not only between language types (i.e., inter-typological) but also within a language type (i.e., intra-typological). In this study, we asked whether the patterns of variability extend to metaphorical motion events (e.g., time runs by). Our analysis of randomly selected 450 physical motion (150/language) and 450 metaphorical motion (150/language) event descriptions from written texts originally produced by German, Polish, and Spanish authors showed strong inter-typological differences in the expression of both (...) event types. German and Polish speakers differed from Spanish speakers in how they packaged manner and path components of a motion event; they also differed in how extensively they expressed each component in their lexicalization of motion. The strong inter-typological differences were accompanied by more modest intra-typological variability: Polish and German writers differed in their packaging and lexicalization of manner and path components of metaphorical—but not physical—motion events. Our results provide evidence for robust inter-typological differences evident in the expression of both physical and metaphorical motion, along with less robust intra-typological differences, largely evident in the expression of metaphorical motion. Our study thus highlights event type as an important factor in determining crosslinguistic variation in motion expression. (shrink)

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.

In this paper, we present two experimental studies on reference of complex demonstratives. The results of our experiments challenge the dominant view in philosophy of language, according to which demonstrative reference is determined by the speaker's intentions. The first experiment shows that in a context where there are two candidates for the referent—one determined by the speaker’s intention, the other by some “external” factors—people prefer to identify the referent of a demonstrative with the latter object. The external factors for which (...) this prediction has been confirmed include the speaker’s demonstration and the descriptive content of a demonstrative. The second experiment shows that while this preference can be explained in terms of the speakers’ having different sorts of referential intentions, the relevant kind of intentions are fully opaque to the subjects. At the end of our paper, we point to some alternative accounts of demonstrative reference, including a pluralistic and hybrid approach, which can accommodate our experimental results. (shrink)

By spelling out the affective dimension of admiration, this paper challenges the view of admiration as a trustworthy means of detecting morally desirable qualities in exemplars. Such a view of admiration, foundational for the current debate on exemplars in moral education, holds that admiration is a self-motivating emotion essentially oriented toward the good and the excellent. I demonstrate that this view ignores the affective aspects of admiration explored widely in the history of philosophy on which the debate on moral exemplars (...) substantially draws. Focusing on Spinoza, Smith, Kierkegaard, and Nietzsche, I bring to light their largely skeptical views of the moral value of admiration. These thinkers indicate that admiration can be influenced by, and is often conflated with, other emotions, and can arise in us through behavioral mimicry; moreover, admiration is often oriented toward the mediocre and corrupt, is contagious, self-referential, collective, and has limited motivational power. Their remarks on the affective dimension of admiration call into question admiration’s applicability and usefulness in moral exemplarity. (shrink)

This is the first collection in English devoted exclusively to pragmatist aesthetics. Its main aim is to employ the resources of that rich and exciting tradition in studying artistic phenomena such as film, sculpture, bio-art, poetry, the novel, cuisine, and various body arts. But it also attempts to provide a wider background for such studies by sketching the history of pragmatist reflection on the aesthetic and by discussing some of the main positions that this history has produced: the aesthetic conceptions (...) of C.S. Peirce, William James, John Dewey, Joseph Margolis, Richard Shusterman (somaesthetics in particular), and others. (shrink)

This is the first collection in English devoted exclusively to pragmatist aesthetics. Its main aim is to employ the resources of that rich and exciting tradition in studying artistic phenomena such as film, sculpture, bio-art, poetry, the novel, cuisine, and various body arts. But it also attempts to provide a wider background for such studies by sketching the history of pragmatist reflection on the aesthetic and by discussing some of the main positions that this history has produced: the aesthetic conceptions (...) of C.S. Peirce, William James, John Dewey, Joseph Margolis, Richard Shusterman (somaesthetics in particular), and others. (shrink)

The Limits of Cognition and the Shape of Being Based on the Thought of Karl Jaspers The article points out the elements of Karl Jaspers’ epistemological conception that cross out the possibility of a comprehensive account of being. The key issue here is the limits of cognition, which take the form of object cognition. The theme of limits points to the inadequacies of human thinking in the context of quantifiable and absolutist representations of reality. The impossibility of adequately grasping the (...) totality of reality will be illustrated here by means of the criticism Jaspers levelled at absolutising metaphysics. In connection with the description of the structure of cognition proposed by Jaspers, the article points out the conceptual proximity of the issue of worldview and metaphysics in the light of the thought of the cited author. (shrink)

The book presents a comprehensive account of Shusterman's principal philosophical ideas concerning pragmatism, aesthetics, and literary theory (including such themes as interpretation, aesthetic experience, popular art, and human embodiment ...

This paper presents an experimental study on definite descriptions. According to the classical views, a definite description, i.e., a phrase of the form “the F”, has – roughly speaking - purely descriptive semantics, that is, it designates the object which uniquely (opt. uniquely in a context) satisfies the description. However, as several philosophers including Keith Donnellan have argued, there are uses of definite descriptions on which these expressions do not seem to designate objects which satisfy the descriptions. Namely, a description (...) may refer in some circumstances to an object which does not have the property from the description. This argument is called “the Argument from misdescription” and it is raised against the classical views on the semantics of definite descriptions. In our paper, we present an experimental study on misdescription and explored reactions of ordinary users of language to various statements involving misdescriptions. The results of our research indicate that the intuition of ordinary speakers is consistent with the prediction expressed in the Argument from misdescription. We argue that the most common pragmatic explanation of misdescription, appealing to Gricean distinction between saying and meaning, is unconvincing. We vote for an alternative semantic account of definite descriptions, on which a description “the F” designates an object being F, which is at the same time the most salient individual according to a contextually established ranking of salience. (shrink)