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EN
The article is devoted to the legal and political philosophy of J. Habermas. In a number of steps which link up with each other, the author attempts to demonstrate that there is an internal dependence between Habermas' conception of 'domestic' (J. Rawls) and 'global' justice. Habermas' reconstruction of the circular methods of settng up facticity and validity of law can be understood as a basis on which we can construct principles of a just arrangement of legal and political system of a democratic state. Habermas' 'offensive' variant of the third way and his project of a federal EU follow from the crisis of the social state, which is caused by the weakening of the internal and external sovereignty of nation states in the processes of globalization. An integrated Europe should play an active role in the long-term and painful passage from a world system, which is founded above all on international laws based on sovereign nation states, to a world system which is founded on world-civic law and cosmopolitan democracy.
EN
According to the just world hypothesis, people want to and have to believe they live in a just world so that they can go about their daily lives with a sense of trust, hope, and confidence in their future (Lerner,1980). Justice can be seen as a key issue in intimate relationships. People want to be treated justly and consider justice to be one of the most important attributes of a good intimate relationship. Social justice research has shown that people respond with negative attitudes and behaviors when they perceive unjust treatment or situations. However, belief in a just world is associated with a positive coping style (Dalbert & Filke, 2007). The aim of this contribution is to examine the level of the belief in a just world (personal and general), find out which strategy is most used when people cope with injustice in intimate relationships, and analyze the relation between the belief in a just world and particular coping strategies. The results showed no significant relationship between the belief in a just world and coping strategies. The authors ´s findings are inconsistent with the Montada and Lerner study (1998), in which the belief in a just world was associated with constructive coping strategies.
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With the end of the ancient world, philosophical and ethical thought of Aristotle was also forgotten. Resumption of his ideas is connected with the high medieval period. In the early 12th century, only two of his works were translated into the Latin, and only in the second half of the century translations of other works began to appear. After the recovery of Aristotle by European scholars, his ideas started to spread quickly and became considerably important for various authors dealing with different issues. The main aim of this paper is the description of Aristotle’s notion of justice and its reflections in our cultural area. In accordance with this issue, the paper analyzes specific problems in the works of famous scholars from our cultural area in early modern period and shows how it was reflected and grasped.
EN
The Court of Justice of the European Union in Case C-539/09 Commission versus Federal Republic of Germany ruled that Germany failed to fulfil the obligation set forth in Article 248 paragraph 1-3 of the Treaty on the Functioning of the European Union by objecting to have an audit carried out by the European Court of Auditors. The audit examined the cooperation of administrative authorities in the field of value added tax in seven EU Member States. The German authorities objected to be audited indicating that the Court of Auditors had no competence to conduct the audit. The article presents the dispute on the case and comments on the ruling by the Court of Justice. The author focuses on those aspects of the case that can be of significant importance to Supreme Audit Institutions which, like the Polish Supreme Audit Office (NIK), act as external auditors in institutional structures of EU Member States.
EN
Due to remarkable transformations of the social reality, the concept of justice has been rediscovered in political discussions at the beginning of the 21st century. One of the objectives of the paper is to present Miller's model of a fair distribution as articulated in his book 'Principles of Social Justice' (1999). In this model the communitarian justification of the principles of social justice as well as their subject-matters are reformulated. Another objective of the paper is to show the relevance of this approach in solving social problems represented by hypothetical local situations.
EN
In this paper, Pascal's and Levinas' reflection about justice is juxtaposed. Both authors share the conviction that justice is not reducible to any established legal order. For the latter is always local and particular. Justice in an extra-local sense, so-called true justice, transcends the existing order and legally binding laws. According to Levinas, questioning or even destroying the subjectively unjust order in the name of 'metaphysical desire' can serve to limit, but not to eliminate injustice. Pascal is however inclined to claim that the notion of justice has no positive content, therefore it is right and really rational to 'delude people' by not rejecting the existing order but by inculcating the belief that the status quo is just. Yet at the same time, Pascal will talk about the very rare and uncertain, extra-rational intuition of justice given to chosen ones in the act of unearned grace of God.
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Content available remote Prawo – nieodłączny towarzysz człowieka
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EN
The article constitutes an original and interesting reflection of an outstanding theoretician of law on law-man relations. The author shows an ambivalent attitude to law as a result of its appreciation, emphasizing at the same time an important role of law in the European civilization. Asking whether law is a good companion for man, Sobański admits that the very question is not purely abstractive as it derives from the observation of the reality. This ambivalence in relation to law is explained as the result of appreciating the very law. The history of law is at the same time the history of controversies around the notion of law and its nature. Though, the fact that law exists is not controversial itself. Law is understood differently and the way of conveying law (in an oral or written manner) is also different. The author underlines that law is a tool of justice, namely a means of executing justice. He refers to the representatives of the Roman law, and stops at the understanding of the statement “I have a right”, analyses Ulianov’s definition of justice (law can be a tool of justice if the will of justice exists). Next, he points to the pressure touching the whole law practice: law takes into account readiness for perceiving posteriori whereas it makes sense only when it is possible to execute this perception. He pays attention to the causes of discrepancies between law and life (lack of agree- ment when it comes to the notion of justice). His conclusion is that law is a good companion of man when he/she wants to live a peaceful life.
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Content available remote TRANSNACIONALIZÁCIA DISKUSIE O SPRAVODLIVOSTI A EURÓPSKA ÚNIA
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EN
The European Union is facing new challenges, which it has to solve for its survival. In fact many of them have deeper roots and are at least partially originating in a misconception of European institutions. The economic crises 2008 accelerated the urgency for their solution. This paper focuses on three problems. First, it claims the necessity for a trans-nationalisation of the debate of social justice. Secondly, it shows that the rigid concept of a state’s sovereignty blocks the possibility to democratise the European institutions. And finally, that predominating Germany can cause the collapse of EU.
EN
Justice is considered one of the most basic human rights and the need of it is considered one of essential factors of individual’s personal and social life. Although critics accuse criminal stories of propagating crime and making it attractive, they de facto satisfy the audience’s need of justice, the need that is not always satisfied in everyday life. Classic detective stories always end with villains’ defeat. One committing a crime must always be punished. Justice is not done to the whole society, as it happens in real life, but to a sufferer first and foremost. The penalty doesn’t have to be administered. Sometimes a criminal is penalized under common law, especially if he or she can’t be brought before court due to loopholes. The judgment and the sentence are in principle determined by “the natural moral law” because the evil is wicked by nature and not only when ruled by the court. An average audience of criminal stories is able to accept different excuses for punishable offences committed by a criminal, e.g. abusive upbringing or insanity, as long as they concern an already punished criminal. Punished adequately that is, basically, dead.
EN
The article examines the issue of social justice. It highlights the shortcomings of reflections on justice based on the assumption that the extent of social justice is constrained by the boundaries of a nation state. The paper emphasises the necessity of modifying normative models of justice with regard to the process of globalization. The author’s reasoning is based on the current cosmopolitanism, especially on Darrel Moellendorf’s critical appraisal of the ideas of John Rawls. The aim of this paper is to analyse the specific lines of argumentation of selected theorists of justice they choose in clarifying the nature and origin of the commitments of global justice.
EN
This article concentrates on critical responses to the so–called cultural turn in the conceptualization and research of social inequalities, in which we can, inter alia, discern a shift of interest from the problem of distribution to the problem of recognition. In this context, the dispute about the justice of distribution and recognition, led by Fraser and Honneth, is discussed. From the sociological point of view Fraser put forward an analogy of an unsuccessful Lenski's attempt at synthesis of consensualist and conflictualist accounts of social order, whereas Honneth's conception resonated with the consensualist account of order, characterized by explicit emphasis on norms and normative consensus. The author of this article suggests that the resolution of this dispute about justice (or inequality) may be indicated in Lockwood's conception of the incongruence of the status and class order, which is, as is argued, closer to Honneth's approach to the problem. Lockwood's conception is extended here and employed in the argument, in which the author demonstrates that behind the increasing number of the so–called 'inadaptable' individuals within the societies of the EuroAmerican cultural area, which is endangering the integration of society, we can trace the attempt of the majority to sustain its privileged position through narrowing the definition of performance applicable at the labour market. The authoress thus, following Honneth's argument, comes to the conclusion that the threat to the integrity of contemporary society is to be thought of in terms of recognition and regards the cultural turn in the research of social inequalities in this context as valuable.
EN
The above article presents a critical analysis of a conception of limited admissibility of death penalty by Tadeusz Ślipko (restrained retention). Its essence is based on the fact that the victim of a wrongful aggressor has got the right to effectively defend his/her life. The source of such law lies in the absolute inviolability of innocent human’s life as a fundamental right of every man. In case of efficient act of aggression (cold – blooded murder), the state takes over the right to effectively defend the victim’s right of life by administering the perpetrator the death penalty (“life for life”).
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nr 9
833 – 844
EN
Today, social functioning is a key concept in the theories of human well-being, in political theory, in social and moral philosophy, in social work etc. The paper’s focus is on three paradigmatic interpretations of social functioning: that overtaken from H. Bartlett’s the theory of social roles, Sen’s version of social functioning with its concept of capabilities, and M. Nussbaum’s description of different forms of social functioning with regard to specific groups, first of all the disabled people. Different interpretations have different practical consequences in resolving complex social pathological problems such as poverty, unemployment as well as in interpreting social ideals of liberty, law and justice.
EN
The economic process called globalization brings about an extreme growing of global inequality. Problems of distributive justice and the possibilities of applying law become topical in our days. In the author's view the globalization takes place in accordance with Marx's intuitive comprehension of capitalism, whose development puts into operation its tacit immanent self-destructive mechanisms. It is necessary to go back to Marx and his theories of globalization and justice, and to examine, if they are applicable in present situation. The attention is paid especially to Rawls' resolving the problem of public conception of justice, as well as to Dahrendorf's conception of the global supremacy of law. In this connection further possible globalization scenarios are examined, such as those of E. Bondy and J. Keller.
Filozofia (Philosophy)
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2020
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tom 75
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nr 7
555 – 568
EN
The issue of human rights and especially social rights is one of the most complex, intricate, and, at the same time, one of the most common topics of contemporary philosophy. It brings forward traditional philosophical themes of justice and equality, questions of bridging the moral and legal aspects of providing equal opportunities for everyone. The diversity of philosophical underpinnings of social rights allows theorists to grasp the issue from different perspectives and to introduce readers to the possibilities of accepting social rights such as the recognition of human dignity, equal opportunities, and equal chances in life. Social rights provide a way of restoring justice and opportunities for those who would not otherwise have it at all. In principle, however, it does not decide how social rights are designed, but how they are implemented and whether they are enforceable, ie how the system of social services is set up in a state and what approaches states choose in implementing social rights and whether these adequately provide social guarantees for human existence, dignity, life, equal opportunities and prevention of social exclusion.
Filozofia (Philosophy)
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2019
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tom 74
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nr 8
637 – 651
EN
Most of us understand health care as a system in which certain values and moral standards must apply. We will try to grasp different types of health care systems, the way they work and, above all, specify how the systems differ from one another. We will investigate the issue of the access to health care and we will show how the theoretical and practical approaches to health issues intersect and influence each other. We will try to explain why this occurs on the background of socio-political theories and concepts that currently resonate in this area. Different theoretical bases as well as different approaches to health care require systematization and specification of criteria of differences, so that we can orientate ourselves in these issues and know the basic approaches that are present in contemporary health care. The point is, however, to show how moral approaches and moral judgments affect the methods and methodologies that are used in relation to these issues and how this may impact on the practical delivery of health care.
Konštantínove listy
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2019
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tom 12
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nr 2
135 – 147
EN
This article presents the issue of the value platform of Byzantine philosophy. It begins with polemics about the possibility itself of opening a debate concerning such a theme. It focuses on delimitation and complications of the research of a value platform of Byzantine philosophy and – at the same time – it looks for chances of its detection. Attention is paid to the field of culture and semantics of the terminological apparatus. A great importance is given to the reflection on the philosophical expression of cosmos as well as on the meaning of terms like “synergic” and “ecumenic”. The final part of the article refers to the possible message of the platform of values of Byzantine philosophy for contemporary European value orientation and its direction.
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The article gives overview of the impacts of the ECJ rulings in Laval case, the Viking case, the Rüffert case, the Commission vs. Luxembourg case on the practice of collective bargaining and the effectiveness of industrial actions in the European Union. Particularly the consequences of those important judgments on the social dimension of the EU internal market are discussed. Author presents ECJ analysis of relation between economic freedoms and fundamental rights (as a background the Schmidberger case is used). The doubts of European Parliament and concerns of European Economic and Social Committee related to ECJ judgments are presented as well. Author emphasized differences between European Court of Justice and European Court of Human Right attitudes towards perception of right to collective bargaining.
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Content available remote SOCIÁLNY ŠTÁT AKO VÝSLEDOK BOJA ZA UZNANIE
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EN
This article deals with a role of the welfare state as a middleman and a guarantor of basic social rights concerning socially disadvantaged groups. The main objective is to open a discussion regarding the role of welfare state in the process of recognition and social valuation of people impacted by poverty or social exclusion. Recognition theory of Axel Honneth, a representative of contemporary critical theory, has been used as a theoretical basis for this analysis.
EN
The main theme of the article is formation of the theory of justice that could help in solving the applied ethics' problem (such as gender equality, death lethal injection, the death penalty etc.). Two paradigms in modern theory of justice - universalism and contextualism - are analyzed from the viewpoint of this approach. Circumstances of justice are one of the basic principles of universalistic paradigm. But on the basis of this principle one cannot give the answer to the problems which applied ethics confronts with. Contextualist paradigm considers justice in the context of certain social practice. As we can see, the comprehension of justice as the rule that determines the social practices of exchange, punishment, distribution and recognition enables to solve the applied ethics problems. The theory of justice that is developed within the framework of the contextualist's paradigm has a great potential.
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