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EN
While making references to historic facts the author of the present paper shows that tolerance in communities is absolutely necessary. It is founded on: 1) acceptance of the objective sense of fundamental values; 2) justice in mutual relationships; 3) love as a force that stimulates co-existence of human beings.
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Content available „Testamentowa” „teoria” sprawiedliwości
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PL
Tezy do dyskusji
EN
Important problems of justice are raised by a project according to which the sovereign gives to victims the right to pardon a wrongdoer orally or in a testament. The author supports such an individualization of the right to pardon, which would turn the state into a contractor who is hired by citizens exclusively to guarantee them security and self-possession.
EN
The article points out the importance of the way of taking into account the fact that the claim demanded before the court is time-barred for the perception of the standard of protection of the individual’s rights in court proceedings. It is shown how it depends on whether the limitation period is taken into account ex officio or upon the objection raised by the person against whom the claim is brought.
DE
Der Band enthält die Abstracts ausschließlich in englischer Sprache.
EN
This article discusses the concepts of “justice” and “injustice” in Shakespeare’s two plays: Merchant of Venice and Measure for Measure. The application of laws and its effects on the social life are the basic themes of this study. Shakespeare concluded these plays so masterfully and open endedly that it is now reader’s responsibility to decide whether the court and society are “just” enough. This study tries to give some examples from both of the plays admitting that the concept of “justice” is hard to define. The conclusions will shed further light on the discussion about the justness of Shakespearean plays. 
FR
Le numéro contient uniquement les résumés en anglais.
RU
Том не содержит аннотаций на английском языке.
PL
The analysis of the use of the notion of justice in the Polish Constitution proves that in the course of historical development, the designated value was given various conceptual profiles. It was associated mostly with the law within the subjective (‘justified entitlement’) and objective scope (‘legitimacy’), with the judicial authorities (‘fair hearing’), and with the punishment (‘just decision’). Apart from juridical meaning, the notion of justice shall connote ‘equality’ or ‘equal treatment of all people’, including ‘equal justice under law’ or ‘objectivity of a judicial ruling’. Over time the justice gains social and political value which is reflected in the ideal of social justice meant as ‘the equality of all citizens and equal evaluation thereof’. The latter is highlighted in the Polish Constitution (of 1997) where justice is treated as the guiding moral and constitutional principle in the Republic of Poland. The significant profiles of names designating justice in the texts of the Constitution are confronted with the connotations appearing in the questionnaires filled up by the students of the universities in Białystok. In the eyes of young Poles, justice seems to be a human value which is important in their environment an shall be protected by the state.
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Content available ARISTOTLE ON NATURAL JUSTICE
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EN
The article discusses the problem of natural justice which has been considered by Aristotle in his (1) Nicomachean and Eudemian Ethics and (2) Magna Moralia. In his Nicomachean and Eudemian Ethics Aristotle says of natural justice that it is changeable and not the same everywhere. The implication seems to be that no action, not even murder, is always wrong. But, as is evident especially from his Magna Moralia, Aristotle distinguishes justice into the “what” (equality), the “in what” (proportion between persons and things), and the “about what” (what things are exchanged with which persons). The article concludes that Aristotle allows for variability only in the “about what,” while in the “what” and the “in what” he allows for no variability.
EN
The paper examines the beginnings of biblical monotheism. The author indicates the period of the Babylonian exile as the moment of the emergence of this idea in Israel. Psalm 82 is interpreted here as a testimony to the monotheistic transformation. The author advocates a literal understanding of the content of the psalm, as an image of the judgement over pagan gods, which ended in their condemnation to death. The reason for this dethronement of the entire pantheon is the permanent inability of the gods to ensure justice on earth. According to the psalmist, it is a feature of the only true God, which is the God of Israel, called upon to take power over the whole earth.
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Content available Równość versus sprawiedliwość
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EN
On the example of a workload dispute (a version of a ‘border dispute’) I present the general problem of two persons – M and P – with equal entitlements to one commodity, which is equally desired by both of them. They are both moderately altruistic; they are not angels untempted by a selfish willingness to get their own way, nor are they devils, who want to destroy others even if it leads to self-destruction. As human beings operating in a world of limited goods, they are so physically and intellectually feeble that neither of them is able to permanently enslave the other and submit him to the second person’s will. Such being the case, each solution to the problem means that the profit of one person is the loss of the second. The question, whether justice is possible at all, suggests itself whether in a situation when people are more or less equal, or with limited altruism and/or selfishness and scarce resources.
EN
“Politeness” appears to be connected to a quite disparate set of related concepts, including but not limited to, “manners,” “etiquette,” “agreeableness,” “respect” and even “piety.” While in the East politeness considered as an important social virtue is present (and even central) in the theoretical and practical expressions of the Confucian, Taoist and Buddhist traditions, (indeed politeness has been viewed in these traditions as central to proper education) it has not featured prominently in philosophical discussion in the West. American presidents Thomas Jefferson, Benjamin Franklin and George Washington all devoted discussion to politeness within the broader ambit of manners and etiquette, as too did Erasmus, Edmund Burke and Ralph Waldo Emerson but on the whole sustained philosophical engagement with the topic has been lacking in the West. The richest source for philosophical investigation is perhaps afforded by the centrality of the concept of respect in Immanuel Kant. However in this paper we will instead draw on the writings of Aristotle and Thomas Aquinas to defend the centrality of “politeness” as an important and valuable moral virtue. Starting with an analysis of the broader Aristotelian arguments on the virtues associated with “agreeableness,” namely, friendliness, truthfulness and wit I will argue that “politeness” should be thought of as an important moral virtue attached to social intercourse (and by extension the vice of impoliteness). I then move to identify an even broader and more important account of politeness, drawing on the work of Aquinas, as intimately connected to the notion of pietas (piety) as a fundamental part of the virtue of justice.
EN
Historical memory can be divided into three main levels: collective (national), mass and individual. The ratio between them can be different: the same, overlap or contradicting each other. So when forming the collective historical memory should be made of the three main factors: political order, their own interests’ agents, the desire not to offend or not to initiate an active disagreement from those who have personal experience that has formed an opinion on this period, or event. Memory is expressed in signs and symbols, affecting both the mind and the subconscious mind; it constantly recharges sense of national identity, loyalty lifestyle and righteous actions. The history of society during war clearly identifies basic principles of nature as an individual and society as a whole. The military component is one of the most accurate tests of justice and legality, correctness of life as individuals, social groups and the whole society. Therefore, the study of the formation of national memory, using military experience, allows high accuracy to determine the major features of mentality. For the history of formation of the memory of the American society, exactly the Vietnam War can be called the most striking example of the use of memory about it to prove its creditability.
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EN
In the text I take a closer look at the political paradigm of self-sufficiency as outlined by French philosopher Jean-Luc Nancy. The paradigm is at work in all traditional Western political views, ideologies and practices, and can be reduced to two schematic models of politics: that of the subject, and of the citizen. The models are seen by Nancy to be no longer relevant to the urgent demands of contemporary social and political reality; they are also held to be responsible for contemporary problems and crises in, and of, democracy. Nancy tries to present an another approach to political practice and focuses on the issue of the (social) tie as one that is not given in any substantial way but always remains to be tied, always to be decided and continually reshaped in a response to unforeseeable events. As a part of a sketch of a political philosophy of relation and non-self-sufficiency, Nancy discusses the issues of singularity, incommensurability, justice and ,,equaliberty'', and stresses the need for constant invention of new forms of a democratic politics. The latter is meant as a politics of ,,democracy to-come'', democracy that always remains in statu nascendi, in the process of eventual transformation.
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Content available Poszukiwanie prawdy w procesie cywilnym
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EN
Fundamentally, it is expected that dispensation of justice guarantees a fair judgement. However, both terms -‘justice’ and ‘truth’, which are closely related to each other, are ambiguous. What is more, their common meaning strays from the legal one. At the same time, the adoption of the proper concept of truth (procedural or objective) by a legislator leads to the significant consequences in practice which have an impact on drawing conclusions and on settling a civil law dispute. This paper attempts to determine the concept of the principle of the adopted truth in the Polish civil procedure. The author analyses the development of the Code of Civil Procedure and assesses the amendments. The matter of the principle of truth in force is still a moot point among lawyers since the amendment of the Code of Civil Procedure was introduced on March 1, 1996. It was a turning point in reference to the previous accepted concept of the objective truth. Next changes, especially the latest ones, confirm the thesis about applying de lege lata the principle of the objective truth. That conclusion is the central thought of this short essay. The goal of the paper is to discuss the practical and theoretical aspects of the principle of the truth which can be recognized as the most justifiable. The author of the article tries to present advantages and disadvantages of both concepts of truth and also formulate the postulates de lege ferenda. They should provide the grounds for a detailed discussion among legal experts, and particularly among the theorists of law.
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Content available Wyzysk w perspektywie sprawiedliwości
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EN
The paper refers to selected problems of exploitation in the face of justice. The analysis is based on the definitions of exploitation contained in the Polish Penal and Civil Codes. The main subject of our interest is the identification of the necessary and sufficient conditions for the recognition of exploitation as being unjust. Supplementary question will refer to a specific type of justice which should be considered in this case. In respect to this we should consider retributive, distributive and social justice. Another important factor in this regard is the accepted theory of value. In the considered subject we will focus on the labour theory of value. The principal problem could be reduced to questions whether the exploitation is ipso facto unjust and how these two phenomena are related to each other.
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Content available Exploitation in the face of justice
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EN
The paper refers to selected issues of exploitation in the face of justice. The analysis is based on the definitions of exploitation contained in the Polish Penal and Civil Codes. The main goal is the identification of the necessary and sufficient conditions for the recognition of exploitation as being unjust. A supplementary question will refer to a specific type of justice which should be considered in this case. In this respect, we should consider retributive, distributive and social justice. Another important factor in this regard is the accepted theory of value. In the presented considerations, we will focus on the labour theory of value. The principal issue can be expressed by the questions whether exploitation is ipso facto unjust and how the phenomena of exploitation and justice are related to each other.
EN
Rawls’s theory of justice is based on Kant’s ethics and the theory of social contract. Rawls tries to obey two rules: of universalizations and universality and of the maximization for the least privileged. His theory can be used to judge the ethical position of business firms. It follows from my studies that a just organization of a firm is rare in times of transformation. This may be another reason for mass emigration and it must be taken into account in future debates of the economic development.
EN
The article presents the stance in adiscussion about the axiological preferences that should be considered by the legislator while enacting the law. In the light of growing importance of law and economics, the author makes an attempt to answer the question about which of the values — economic efficiency or justice — the organs issuing but also using law, should give primacy. The author presents different views on the meanings for justice and economic efficiency. Then shows the most important factors to be considered while enacting the law, so it may be economically efficient. Following this, he contemplates if enactment of law that is only economically efficient is sufficient. In conclusion the author delineates the view that the law may neither be only economically efficient, nor only fair. The legislator has an obligation and apossibility to take under consideration in the legislation the economic and social — including fairness’ — effects of the enacted law.
EN
The author has made an attempt to portray the concept of justice in the context of the ethos of social struggle. He tried to put the principles of justice Maria Ossowska and Zygmunt Ziembiński social reality assuming a process of socialization of the concept and the ethos of martial understood as a continuous social changes shaped by culture. The outline is based on three formulas developed by Ossowska justice and eleven conglomerates behavior that presented Ziembiński. The final conclusion is that the ethos of social justice as the value used may be reflected only in lawful activities.
XX
In the context of penal fiscal law there has been a discussion over a proper reaction to a fiscal tort. This is even more important in connection with the increase of the number of criminal offences, particularly in terms of tax offences and the decrease in effectiveness of administrative proceedings of public levies1. Beyond doubt, the proposals tabled in the discussions aim at objective settlements. This paper comprises an attempt to answer the question of how the justice is perceived in the context of penal fiscal law.
PL
The purpose of the text is to present ways of perceiving values relevant for interpersonal relationships taking place in the school space. The main thesis is the inconsistency of systems of representations of ideas, values, beliefs shared by school community actors. The paradigm that guided the problem in question is derived from the constructivist trend of social psychology, called the theory of social representation (SRT), in the version formulated by Serge Moscovici. The first part of the paper presents the theoretical assumptions of the value proposition in school education and the methods of their investigation, then the author collates the scientific content of social concepts and the ways of their social perception. The subjects of social representation have been the relationships between teachers and parents and representations of the category of trust and justice in education. Theoretical considerations were supported by empirical examples from selected national and international studies.
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