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EN
(Title in Polish - 'Sankcja dokonania czynnosci prawnej bez umocowania lub z przekroczeniem zakresu umocowania przez osoby występujace w charakterze organu osoby prawnej'). The subject matter of the article is to answer the question: what are the legal consequences of an act performed by persons acting on behalf of a legal entity as its organ when these persons go beyond the actual scope of authority they have? This issue is addressed in some statutes which concerns specific type of legal persons. However, there is no general regulation in the Polish Civil Code, as opposed to the consequences of an act performed by the agent acting without authority or beyond the actual scope of authority. Art. 39 of the Polish Civil Code specifies only who is liable for the loss which results from such kind of an act. It does not deal with the question of validity of that act. In the article different solutions suggested in the legal literature are analyzed. The author shares the opinion that such an act may be validated by ratification. These considerations are preceded by the presentation of the concepts of the legal entity and explanation of the way in which legal acts, performed by persons acting as organs, are ascribed to legal entity.
EN
The paper deals with key analytical concepts applied in the study of local rural development from the perspective of the local community. It defines the different approaches to study of local development and describes the methodological framework developed by the Dutch anthropologist Norman Long – an actor-oriented approach. Within this methodological framework it describes theoretical and analytical categories as agency, life worlds and multiple realities. The overview study further uses the example of the concept of symbolic boundaries to points out how their constructs affects interactions and relationships between the actors. It also points out the concept of domains and arenas where social interfaces and intersect of different actor’s life worlds takes place.
EN
Te main area of the article refers to individual identity and identity of discriminated groups in terms of sociological perspective. Te author analyses this phenomenon in the context of self-consciousness, agency internalization of social roles and group self-consciousness. However, social interactions issue is the most crucial study of this article. Te whole area of the study based on the theory of Erving Gofman, Jacek Kochanowski and Manuel Castells.
EN
The text is inspired by the article of Steve Fuller named Making Agency Count (Fuller 1994) where Fuller introduced the concept of agency in medias res in order to treat agency as a kind of social 'scarce good'. The author's aim is to show that while Fuller claim seems plausible in the light of the agency negotiation in the legal determination of patents, the fetal medicine or the fetal tissue research, there are nevertheless several problems in its implications. First, if we consider moral action as an example of agency, an altruistic actor, in order to not consume much from the stock of available agency, would resign from a moral action, or, in extreme case, would act immorally to provide more space for moral action. Second, agency is always connected to multiple meanings therefore what is considered as agency by one actor, could be considered as non-agency by another one. Agency can be multiplied by diversification of attributed meanings, what is not the case of economic goods. In concluding the article he makes a hypothesis that there is an interesting kind of agency (quasi-agency), which is produced by a social protection. Children, animals, fetuses are claimed to be actors but, in fact, this action magnify temporarily mainly the agency of claimants than those objects of protection.
EN
This article focuses on the role of the publishing sector in the transnational circulation of literature and presents some conclusions on the metonymic representation of literary translations from Turkish into German in the last fifteen years. The agency-oriented view of the history of translations implies a remarkable change in the profile of translators and publishers. The grounded habitus of individual agents that continues its existence, especially through departments of Turkology, has been recently challenged by both the current dynamics of contemporary Turkish literature and by conditions in the international book market, whereas the perception of translated Turkish literature remains unchanged.
EN
In this answer to comments on our target paper we clarify and specify our model of social actions as construed from the actor (agent) vs. observer (recipient) perspective. Specifically, we propose that in the actor perspective agentic content is accessed automatically while communal content is process in a controlled, effortful way. In the observer perspective, communal content is processed automatically while agentic content in a controlled way. We also attempt to clarify several statements of the original model and present new data providing support for this model.
EN
In this paper the author investigates Harry G. Frankfurt's philosophy of action from the point of view of the concept of intentionality in action. Many influential philosophers of action assume that agents have a separate faculty to form intentions. Most notably, Michael E. Bratman, David J. Velleman and Gary Watson claim that this ability is centrally important to our ability to act. To be agents, it seems to be necessary to actively influence our behaviour, and intentions play a significant role in this process. However, very controversially, Frankfurt's philosophy seems to imply that we do not have a separate ability to form intentions. Rather, our intentions are reducible to a certain type of complex desires. So it seems that in the same way as he reduces reason to desires (most notably in his book 'The Reasons of Love'), he reduces our ability to form intentions to a special way of desiring as well. The author discusses some difficulties of this view, and he tries to point out some advantages of the contrary view according to which they have a separate faculty to actively form intentions.
EN
This contribution is dedicated to the current problematics of strengthening a mandate of the European Union Agency for Law Enforcement Cooperation which is better known under the abbreviation Europol. Currently, the proposal of strengthening a mandate of the Europol is legislative processing, whereas there is a wide range of unanswered questions regarding the final framework of such conceptual modification. The stronger police cooperation in the EU is built on the idea of accessibility and quantity of relevant information which we denote as the informational capital. The information can be considered as a moving force of active law enforcement in the EU and therefore as the cornerstones of police and judicial cooperation as well. The contribution is divided into three main sections, including introduction and conclusion. The first part brings a basic characteristic of Europol from the perspective of police cooperation in the EU. The second section deals with the conception of the security union from the perspective of strengthening a mandate of Europol outlined by the European Commission within the EU Security Union Strategy. The third section is oriented on the question of establishment cooperation between the Europol and the European Public Prosecutor’s Office from the point of view of cooperation pitfalls and challenges.
Filozofia (Philosophy)
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2011
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tom 66
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nr 9
906 – 917
EN
There is a striking similarity between the philosophy of Martin Heidegger and Harry G. Frankfurt: they both argue that the temporal nature of human existence and agency is due to the fact that humans care about things. Even though Heidegger’s concept of care and Frankfurt’s concept of caring are very different, they are worth comparing because they play a similar role and have similar significance in their thinking. This comparison also offers an opportunity for a desired dialog between philosophers working in those two different traditions. The author argues that the two views can complement each other: Though Frankfurt provides a detailed psychological description of caring, his concept of caring is too mentalistic and leads to solipsism. Thus, his theory can be enriched with the help of Heidegger’s view based on the concept of Being-in-the-world.
EN
The aim of the article is to analyse aesthetic encounters in Danish early childhood and care (ECEC) centres and create knowledge of and a language for aesthetics as sensitive encounters and vibrant matters between humans and the world. The article thus challenges traditional assumptions about and understandings of aesthetics as simply impression, expression, and rather formal hands-on work (also referred to as ‘aesthetic learning processes’). The article links to fieldwork taking place in two Danish ECEC centres – a kindergarten (3–5-year-olds) and an age-integrated centre for kindergarten groups and nursery groups (0–2-year-olds). The fieldwork is framed as focused ethnography, and the methods used are written and visual field notes (video recording, photos) and interviews with artists who visited the ECEC centres and worked with the pedagogues. In the analysis process, the author revisits the empirical data and dwells on micro-moments that, in the article, are sampled into vignettes. With and through theoretical perspectives related to aesthetics as sensitive, vibrant, intra-active, and entangled encounters with materiality, new insights appear and lead to findings that highlight aesthetics as subtle and informal processes engaging materiality as a symmetric co-player alongside the artists and pedagogues and in support of children’s aesthetic agency.
EN
We present a model of social perception based on three assumptions: (1) Most actions may be viewed from divergent perspectives of agent vs. recipient, (2) People perceive themselves and others in a way that maximizes their interests and this is done differently in each of the two perspectives, (3) There are two broad dimensions of content in person perception - agency and communion. These assumptions allowed the formulation of 12 hypotheses on how perspective influences: (a) the concern with agentic vs. communal contents in person perception and attitude formation, (b) relations between perceived interests and agentic vs. communal contents, and (c) relations between using agentic vs. communal contents and behavioral pursuit of various interests. Empirical support for these hypotheses is discussed.
EN
The range of issues presented in the article is centred around various perspectives of thinking about human freedom: existential freedom, freedom on the mental level as well as freedom in contemporary cognitive sciences. The first one is based on the philosophical (especially in K. Jaspers approach) elaboration of the experience of a person. The second one pertains to our actual psychological capabilities and limitations; here the works of such doctors and therapists as K. G. Jung, E. Fromm, A. Kepinski and others have been adopted for the basis. Finally, the third one deals with the way which freedom is treated in within the cognitive trend dominating scientific psychology. Performed comparisons demonstrate that both the 'existential freedom' as well as the 'freedom on the mental level' seem to be phenomena resisting the investigation by naturalistically-oriented scientific psychology with its 'subjective' 'third person' methodology. Psychology which aspires to be counted among natural sciences, similarly to other sciences from this domain engages in the detection of relations, causative and functional laws and 'mechanism' belying investigated phenomena. 'Freedom' - if it is spoken about - is here rather 'perceived' or 'experienced' - awhile not real. At the same time it seems that psychology, as a detailed science should not - without venturing beyond its own competencies - explicitly formulate statements pertaining to the meaning of the experience of freedom or the existence of freedom 'as such'. The issues mentioned are relevant insofar as they pertain to the question regarding the possibility and a potential scope of changes which can occur in a subject at the participation of its will and its own work.
EN
After decades of overlooking children’s perspective, migratory and transnational studies start including children and focus on their subjectivity. The goal of this article is to expound the agency of transnational children and verify what circumscribes it. The authoress is interested in a particular situation of second-generation children who were born in the U.S. and come to Mexico, i.e. their parent’s place of origin. She also analyses cases of so-called 1.75 generation, i.e. children who (e)migrated to the U.S. in early childhood. Intergenerational decision-making over whether to depart from the U.S. and go to Mexico is a social situation in which children’s agency becomes apparent. The authoress argues that their mobility should often be called placements instead of migrations, due to the fact that adults decide about it. Although the authoress emphasizes the role of age and gender, she argues that migratory status is the most important determinant of transnational children’s agency. Hitherto nation-states have presented minors as “undeportable” and social researchers have mainly elaborated on the influence of their parents’ deportability. Precisely, the inclusion of the migratory status makes this work an important contribution to transnational studies.
14
Content available remote „REAL“ OLD AGE AND THE TRANSITION BETWEEN THE THIRD AND FOURTH AGE
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EN
The paper focuses on the relation between chronological age and health. The author understands health decline as an indicator of the transition into the fourth age. Currently the definition of the fourth age has been somewhat unclear. Some of the authors consider the fourth age as a synonym of the oldest-old and they define individuals in the fourth age based on their chronological age, mostly between 75 and 80 years. From the perspective of social gerontology, however, such a view is insufficient. Fourth-agers might be characterized especially by the loss of agency, ability to care and to make decisions about themselves. The SHARE data analysis for the Czech Republic confirmed the connection between health decline, frailty and chronological age, but it is not easy to define the exact boundary of the fourth age. Ageing is undoubtedly very individual. The frequently used boundary of 75 years seems to be unsuitable since frailty and general health decline occur more after 80 in men and women. Although the quality of life of older adults declines apparently with age, the decline is more affected by health status than chronological age. Health and quality of life are significantly influenced by the cultural and economic capital of older adults. Older adults with basic education and low income are more at risk of poorer health and lower quality of life. There are also significant gender differences. Women are more fragile, the analysis of the impact of income and education showed, however, that the relationship of gender, health and quality of life is much more complicated. To reach higher quality of life, women benefit from higher income more than men, higher education, however, brings greater benefit to men. Generally, structural factors seem to intervene in health and quality of life significantly.
Sociológia (Sociology)
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2015
|
tom 47
|
nr 4
414 – 437
EN
First, the paper situates the intellectual project of M. Archer into the thought context of sociological theoretical conceptions at the time of its inception. It points out to the philosophical foundations of morphogenetic approach and gives dense information on innovative solutions through which this concept enhances the possibilities of sociological conceptualization. The author makes propositions for Slovak terminological solutions for specific terms introduced by M. Archer. He also seeks to imply discussed questions of morphogenetic approach as well as application of its inspirational potential.
EN
This article is a historical critical survey of one historically specific case of collaborative poetry translation, which we call translation in pairs, in socialist Slovakia during the 1950s and 1960s. Our point of departure is the broadly defined concept of agency (Kinnunen and Koskinen 2010) which allows us to bridge the various gaps between the individual vs. the social sphere and the determining circumstances vs. the determined ones. We argue that translation in pairs combines aspects of both indirect and collaborative translation. From the point of view of agency, it is even more complex, since a detailed look at specific cases reveals an intricate and historically determined web of intertextual and cultural influences and of personal, institutional, and power relations whose historical relevance goes beyond our examples. In the article we discuss two cases of cooperation: the Slovak translation of Dante’s Inferno (1964) and of Ferlinghetti’s poetry (1965). The two projects are distinct in terms of their genre, the form of collaboration, and their spatial-temporal and translation specifics. Drawing on the textual examples and the historical sources related to the creation and relevance of the translations, the article seeks to define such cooperation in terms of agency and in communicational terms; to define the social context of the activity in the given period; to look at agency on the level of para-texts as “footprints” (Paloposki 2010) of the agents involved.
17
75%
PL
Celem artykułu jest krytyka koncepcji globalnego społeczeństwa obywatelskiego jako przeciwwładzy, czyli władzy społecznej opozycyjnej wobec panowania biurokracji i globalnego kapitału. Podstawowym punktem odniesienia są – reprezentatywne dla omawianego nurtu – teorie Manuela Castellsa oraz Ulricha Becka. Przez ich porównanie autor stara się wskazać słabości wspólne dyskursowi wokół globalnego społeczeństwa obywatelskiego jako przeciwwładzy. Podstawową słabością tego dyskursu okazuje się brak dostatecznego rozpoznania podmiotowości sprawczej. Następnie wskazane zostały przyczyny atrakcyjności tego modelu oraz tkwiące w nim sprzeczności. Na końcu autor rozważa przydatność tak uproszczonego ujmowania globalnego społeczeństwa obywatelskiego oraz przedstawia zarys modelu alternatywnego, opartego o metaforę korpuskularno-falową, która wyznaczyć może dalsze poszukiwania adekwatnego modelu społeczeństwa na poziomie globalnym
EN
The aim of the article is to criticize the global civil society as a counterpower, i.e. social power opposing to the rule of bureaucracy and global capital. The basic point of reference are the theories of Manuel Castells and Ulrich Beck, representing the movement under discussion. By means of comparing them the author wishes to indicate the weaknesses common to the discourse around the global civil society as a counterpower. The main flaw of this discourse turns out to be the insufficient recognition of agency. Next, the grounds for attractiveness of this model are indicated as well as the contradictions inherent to it. In the end, the author reflects on the usefulness of the simplified approach to the global civil society and presents an outline of an alternative model. He proposes a wave-corpuscle metaphor, which may serve as means of further search for an adequate model of society on a global level.
EN
In this article we analyse the central role that the body plays in John MacMurray's account of learning to be human. As with Merleau-Ponty, MacMurray rejected mind-body dualisms and argued for the need to understand what it means to be a person. Through our analysis we highlight the key principles that characterize MacMurray's philosophy in relation to personhood and the body, namely: 1) all human knowledge and action should be for the sake of friendship and 2) human persons exist first and foremost in their bodies as 'knowing agents' rather than in their minds as 'knowing subjects'. We thereafter explain MacMurray's views on education and how it must support people to live in personal rather than functional relation with each other by attending more to bodily experience and education of the emotions. Accordingly, MacMurray considered that persons can either 'use' their bodily senses as mere instruments for functional purposes or they can 'live' in their bodily senses by learning to love (not ‘using’ but rather apprehending the real value of) other persons. In conclusion, we suggest that MacMurray’s philosophy can open up a different way of thinking about the educational value of physical activity. For MacMurray shared physical pursuits are especially educational when carried out for their own sake and when all persons’ present experience moments of bodily joy and togetherness and a better understanding of each other.
PL
Artykuł niniejszy poświęcony jest wykorzystaniu kategorii sprawstwa w badaniach migracyjnych. Przyjmuję w nim założenie sprawstwa w ramach struktury społecznej oraz dualizmu struktury i sprawstwa wywiedzione z koncepcji Margaret Archer. Wskazuję na różne sposoby rozumienia i przejawiania się strukturalnych uwarunkowań zarówno na poziomie makrospołecznym (polityka migracyjna, polityka edukacyjna), jak i na poziomie mezo- i mikrospołecznym (uwarunkowania lokalne, rodzinne) oraz intrapsychicznym, a także ukazuję próby uzyskania lub odzyskania sprawstwa przez uczestników badania. Koncentrując się na subiektywnym aspekcie sprawstwa, analizuję pod tym kątem biografie wielokrotnych migrantów. Wykorzystane w artykule wywiady biograficzne pochodzą z projektu badawczego poświęconego słabo znanej w polskiej literaturze kategorii migrantów, jaką są osoby migrujące w dzieciństwie ze swoimi rodzicami dyplomatami, pracownikami międzynarodowych korporacji czy specjalistami wyjeżdżającymi na zagraniczne kontrakty. Osoby te, określane w literaturze mianem Third Culture Kids, coraz częściej stają się przedmiotem zainteresowania badaczy migracji.
EN
This paper is focused on the use of the notion of “agency” in migration studies. I take the perspective of “agency in the frames of social structure” and of the dualism of agency and structure inspired by Margaret Archer’s theory. I indicate different ways of understanding structural conditions and their manifestations on the macro-, meso- and micro level, as well as in the intrapsychic dimension. I also analyse diverse ways ofgaining and keeping sense of agency in one’s life. Concentrating on the subjective aspect of agency I explore biographies of serial migrants. The narrative interviews analysed in this paper were conducted in the frames of a research project dedicated to Third Culture Kids, i.e. people who migrated in childhood and youth with their parents, who followed mobile careers. This category of migrants, rather unknown in Poland, attracts more and more interest on the part of researchers.
EN
This article studies the political imperatives initiated by the UNESCO-related normative instruments, and the emergent terms of engagement in the dynamics of collaborative participation, both on scholarly and community level. The authors share participatory experience and expertise in the field of intangible cultural heritage in policy-making and research, with particular interest in the aftermath of UNESCO ICH-labelling and list inscriptions. We reflect at first critically upon the progress and stance of decisions taken as well as the international discursive framework and debates where we have participated. We likewise contemplate the collaborative role of experts in the intangible heritage framework. In our comparative case study into the impact on local heritage processes in the Baltics, the post-nomination circumstance has generated novel community-driven and negotiated collaborative efforts. Both the Seto community in Estonia and the Suiti community in Latvia have found diverse ways of using heritage resources for their own goals, but also in their continued creative collaboration where a growing self-esteem proves to be a solid basis. This investigation links community participation to the issue of agency, and its creative capacity to constitute and reconstitute with a substantial effect of generating action. We have discerned various moments of empowerment and creativity in local responses to transformational social and economic processes. Our research results foreground the functional capacity of creative collaboration as agency of change, where innovation and right to hybridity become enabling qualities.
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