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Turčan M.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2017

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tom 100

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nr 5

503 – 512

EN

This paper deals with concept of convincingness in the area of application of law, namely with so-called precept of convincingness of decision which applies in judicial and administrative proceedings. The author tries to circumscribe theoretical criteria of convincingness of a legal decision. Among these criteria belong truthfulness resp. rightness of factual and legal premises of decision, logicality of decision and complexity of arguments used in the decision. Each of these general criteria needs to take into account specifics of legal environment and legal methodology. The author also formulates two possible understandings of the precept of convincingness of decision in relation to concept of rightness of decision and he does so in context of importance of idea bases of judges and officials in rendering and substantiating of their decisions. The author labels these two understandings as “hard” and “soft”. First is based on assumption of possibility to reach non coincidentally objectively right decision, the second denies such assumption (at least for some cases) and is based on relative rightness of decision (i.e. coherence of its rational author).

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LIABILITY OF THE TREASURY FOR ISSUING OR NON-ISSUING A DECISION OR A RULING

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Krol A.

Myśl Ekonomiczna i Prawna

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2006

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nr 4(15)

25-39

EN

The paper is devoted to the liability of the Treasury for issuing or non-issuing a decision or a ruling. The amendment of the Civil Code which was implemented on September 1, 2004 led to the regulation of these issues in art.417 § 2 and 3 of the Civil Code. The paper contains a historical background of the institution and describes the functions and premises of the above-mentioned liability. In his paper the author includes examples which allow him to present some legal regulations, the reasoning of the civil law doctrine and the rulings of the Supreme Court in this respect.

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TESTING PROSPECT THEORY PARAMETERS

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Baláž V. , Bačová V. , Drobná E. , Dudeková K. , Adamík K.

Ekonomický časopis (Journal of Economics)

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2013

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tom 61

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nr 7

655 – 671

EN

This research study used the original Tversky and Kahneman (1992) methodology to establish values of the key prospect theory parameters in samples of Slovakian construction managers and tertiary students. Median sample values for choice tasks with gains elicited in both samples were fairly similar to those established by the Tversky and Kahneman work (1992). When the same estimation techniques and data types are used, the prospect theory parameter values in Slovakian samples seem fairly similar for standard student populations in developed countries. Based on our results we assume that estimation techniques and data types may be more important for determining parameter values than testing environments and gender or experience of participants.

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ROZHODNUTIE A OPATRENIE ORGÁNU VEREJNEJ SPRÁVY A ICH SÚDNY PRIESKUM

88%

Džačková M.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2018

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tom 101

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nr 1

62 – 82

EN

The Administrative Judicial Rules, effective since July 1, 2016, has dramatically changed administrative judiciary in the Slovak Republic. The new procedural rules for courts established new legal institutes while amending customary institutes. The article deals with two key legal institutes of judicial review in public administration -those of decision and measure, both rendered by administrative authorities. Administrative decision is examined by court if it established, modified, revoked or declared rights and obligations of natural persons or legal entities, or by which the rights and interests protected by law, or duties of natural persons or legal entities may be directly affected. Administrative measure is subject to judicial review if the rights and interests protected by law or duties of natural persons or legal entities may be directly affected by it. The author of this paper defines the relationship between administrative decision and administrative measure. The author tries to define the words „decision" and „measure" theoretically, demonstrating examples of „decisions" and „measures", that are in compliance with the new Administrative Judicial Rules. Defining the nature, the differences and relationship of administrative decision and administrative measure is essential both for a successful administrative action and for ensuring uniformity in judicial deciding as well as legal certainty for individual natural persons and legal entities as for what rights were violated by administrative authority.

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HOW CHOICE BLINDNESS VINDICATES WHOLEHEARTEDNESS

88%

Kirkeby-Hinrup A.

Organon F. medzinárodný časopis pre analytickú filozofiu

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2015

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tom 22

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nr 2

199 - 210

EN

Recently the account of free will proposed by Harry Frankfurt has come under attack. It has been argued that Frankfurt’s notion of wholeheartedness is in conflict with prevalent intuitions about free will and should be abandoned. The author will argue that empirical data from choice blindness experiments can vindicate Frankfurt’s notion of wholeheartedness. The choice blindness phenomenon exposes that individuals fail to track their own decisions and readily take ownership of, and confabulate reasons for, decisions they did not make. Traditionally this has been taken to be problem for the notion of free will. He argues that Frankfurt’s account does not face this problem. Instead, choice blindness can be fruitfully applied to it, and vice versa. Frankfurt’s notion of wholeheartedness, he suggests, delineates the range of the choice blindness effect. This makes wholeheartedness a useful meta-theoretical concept for choice blindness research. The author concludes that, pace the recent criticism, wholeheartedness is a useful notion and should not be abandoned.

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Czy decydujemy o swojej śmierci?

75%

Jantos M.

Kwartalnik Filozoficzny

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2014

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tom 42

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nr 3

171-185

EN

Along with intensively developing, life-prolonging medical technology, various issues arise related to the procedure of dying. May one give up life-sustaining therapy that is medically recommended but undesired by the patient? May one resign from making use of medical procedures (through something known as a living will or advance directive)? People do want to decide about the manner and the time of their own death but they are deprived of this right. Is a suicide committed with the help of a doctor morally justified? Should a medically supported suicide should be pennitted by law? The idea of a living will first appeared in Poland in public debate in 2008. In Polish law there is no prohibition against expressing consent for the future and it is treated as a classical declaration of the patient’s will. According to Article 9 of the European Convention on Bioethics, the physician is obliged to take into consideration the patient’s will expressed in advance. At present, the Polish health system is not capable of ensuring the implementation of a living will signed abroad. The Bill on the Amendment to the Act on Patient Rights and the Patient Rights Spokesman assume the possibility of implementing a living will created in another country. If a patient in New York has a bracelet with the inscription DNR (Do Not Resuscitate), doctors will not attempt to save his life at any cost. Shall the Polish Parliament introduce a similar form of deciding about one’s own life, namely so-called a living will?