Wyniki wyszukiwania - Biblioteka Nauki

1

Odwołania do prawa naturalnego w wystąpieniach posłów na posiedzeniach Sejmu Rzeczypospolitej Polskiej

100%

Maroń G.

Przegląd Sejmowy

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2022

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nr 5(172)

149–173

EN

The article presents the results of a mainly qualitative study of the speeches of deputies at the sittings of the Sejm of the Republic of Poland between 1997 and 2021 in terms of MPs’ references to natural law. On the basis of the Sejm transcripts, the deputies’ understanding of natural law and their perception of the relationship between this law and the statutory law were determined; examples of legal norms and rights that were assigned the natural law status were indicated, as well as the argumentative role of references to natural law in the parliamentary debate was presented. While approving the use of jusnaturalist argumentation in parliamentary discourse, the author also raised some reservations as to the practice of using this conceptual category by deputies. He also listed possible reasons for the gradual decrease in the number of cases of invoking natural law in the speeches of deputies at the sittings of the Sejm of the Republic of Poland in subsequent terms.

2

Prawo naturalne i cnota – dwa filary porządku społeczno-politycznego

100%

Andrzyszczak P.

Świat i Słowo

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2009

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tom Świat i Słowo 2009, nr 2 (13)

97-112

EN

In many contemporary discussions and disputes the Catholic Church usually presents its opinion by referring to the category of “natural law”. The classic presentation of that concept was formulated by St. Thomas Aquinas. In his opinion all humans have a common, unchangeable nature in which the mind discovers constant tendencies. On the basis of them the principles of moral law are formulated, and they bind us to protect life, care for our progeny, relatives, community as well as they bind us to seek the truth, in particular the truth about God. However, as human beings we also discover other tendencies in ourselves, which, as it turns out, are rooted in the consequences of the original sin. A human being is broken inside: a hurt mind cannot notice the difference between the truth and false, between authentic and false values. The will does not do good that it wishes, but the bad that it does not wish (Romans 7:19). In such a case only a regained internal unity makes it possible to establish a just social and political order. It can be achieved through the virtues, since only in that way we become more mature, and we realise the characteristic telos in the private and public spheres. An ultimate individualist completely absorbed by his/her egoism is a perfect material for a development of despotism, since a despot needs individuals so preoccupied with themselves and their privacy that they leave the domain of politics entirely at the despot’s disposal.

3

Some Observations on Natural Law

100%

Pakaluk M.

Diametros

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2013

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nr 38

153-175

EN

The paper offers some observations with a view to correcting ostensible misunderstandings of the so-called New Natural Law (“NNL”) theory, concluding that the NNL theory is unworkable and unsustainable, even on its own terms. It is argued that the NNL theory is based on fundamental misunderstandings of the nature of necessity in Aquinas; the nature of propositions which are “known in themselves” (per se nota); and the nature of fundamental practical reasoning. It is argued that, where the NNL theory differs from that of Aquinas, the latter provides a better framework for the development of accounts of natural law today.

4

Theological and Anthropological Analysi of Procreation in the Context of Contemporary Debate on Naprotechnology

100%

Picur T.

Roczniki Teologiczne

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2017

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tom 64

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nr 3: Teologia moralna - English Online Version

93-107

EN

Immersed in the world dominated by pragmatism, contemporary man seems to be thinking and functioning only according to the criteria of effective acting. However, life experience, philosophical reflection, and the truth of Revelation lead to the conclusion that the laws of nature must be respected in the name of care for man and for one’s genuine good, even though they may, in certain cases, limit the effectiveness of acting and the possibility to acquire current profit. This article justifies the necessity to respect natural law in the sphere of transmission of human life. The starting point of this scientific reflection is the theological vision of values and of the inviolability of human life on the basis of the description of creation from the Book of Genesis. The fundamental truths and moral norms are being neglected nowadays as—being so proud of modern technological achievements—man makes himself the creator and the master of human life. Although such activities seem impressive from the scientific point of view, they actually result in a number of serious contemporary and future threats. The second part of the article presents alarming aspects of artificial interventions in the sphere of life transmission. By exposing the threats and by trying to prevent them in the sphere of infertility treatment, the Church opposes the methods of artificial insemination and becomes engaged in promoting naprotechnology which is a method that expresses genuine humanism, and which gives hope not only to the parents who want to have a baby but also to the mankind that longs for propitious future.

5

Legal interpretation from the perspective of French jurisprudence: from positivist exegesis to free scientific research

100%

Sokalska E. , Augustyniak M.

Review of European and Comparative Law

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2022

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tom 48

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nr 1

175-189

EN

The “natural law” movement provoked some discussions on the method of interpretation of law within the European legal thought. Diverse methodological approaches referring to some social, historical, and multidimensional aspects and foundations of law were developed by French and German legal scholarship at the turn of the 19th and 20th centuries. The present article focuses on the main scientific positions on the method of interpretation of law present in French jurisprudence. Since the beginning of the 19th century, French legal studies were dominated by the positivist school of exegesis. Scholarship and legal practitioners sought the opportunity to rebuild their authority. It was accompanied by the attempts to prepare a new theoretical ground for the legal order. Then, some representatives of a new trend in scientific research considered pluralism of the methods applied in legal research. Raymond Saleilles postulated the need for the evolutionary perspective in legal science. This approach appears to be similar to the concept of the law of nature with variable content adopted by Rudolf Stammler in Germany. Since the last two decades of the 19th century, François Gény, the supporter of a greater flexibility in interpretation of a legal text, developed libre recherche scientifique. He questioned the idea of autonomy of the legal science, calling for its integration with other disciplines.

6

Is Free Movement a Natural Right? Between Modern State and Aristotelian-Thomist Utopias

100%

Mazzola D.

Studia Philosophica Wratislaviensia

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2019

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tom 14

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nr 1

145-159

EN

In these times of walls and razor-wires, open borders appear to be more utopian than always. Nonetheless, philosophers like Joseph Carens and, similarly but earlier, Timothy King and James L. Hudson, famously argued that the major philosophical perspectives in the Western world—libertarian, egalitarian, and utilitarian—would support a right to freedom of international movement of people. What would be the relative default position from the standpoint of natural law theory? In this article, I present a general introduction on natural law theory and its role in and outside philosophy, before presenting claims specific to the migration debate. I then recall the defence of a right to free movement by two authors sympathetic to the natural-law tradition, Ann and Michael Dummett: a defence which is grounded in principles of fairness and reciprocity and develops elements belonging to international law. I also outline John Finnis’s more critical and nuanced position. Finnis is eager to legitimize state authority and the “special relations” binding fellow countrymen: however, I claim that the classic Thomist perspective in which he situates these claims ensure his respect of a right to international movement which could be characterized as a version of “open borders,” with some definitional restrictions and qualifications of this latter phrase. Finally, I deal with the theory of Alasdair MacIntyre. Trying to infer MacIntyre’s attitude toward migration from the classic but short article on patriotism, might turn out to be no less dif ficult than potentially misleading, especially if that article is not read in its details. Complementary elements are offered in MacIntyre’s account of natural law “as subversive.” On these grounds, I claim that, contrary to simplistic misreading of MacIntyre’s alleged “communitarianism,” MacIntyrean Aristotelian Thomism would endorse a theory of migration more compatible with reasonably conceived open borders. I conclude my chapter with a presentation of Aquinas’s concise intervention on the subject, and I show that it further supports my reading of the natural law tradition.

7

Is There an Ethics Independent from Revelation - Ralph McInerny's Reappropriation of Aquinas' Theory of Natural Law.

100%

Siemionek R.

Filozofia Chrześcijańska

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2012

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tom 9

125-140

PL

Ralph McInerny, bazując na swej interpretacji teorii prawa naturalnego Tomasza z Akwinu, wychodzi z interesującą teorią etyki niezależnej względem objawienia. McInerny swą teorię opiera na przekonaniu, że tak jak rozum może poznać podstawowe zasady w porządku teoretycznym, tak jest on w stanie uchwycić takowe zasady w porządku praktycznym. Teoria ta stara się być mocną obroną teorii prawa naturalnego, która szuka niezmiennych, etycznych zasad w złożonym moralnie postmodernistycznym świecie.

EN

Ralph McInerny, bazując na swej interpretacji teorii prawa naturalnego Tomasza z Akwinu, wychodzi z interesującą teorią etyki niezależnej względem objawienia. McInerny swą teorię opiera na przekonaniu, że tak jak rozum może poznać podstawowe zasady w porządku teoretycznym, tak jest on w stanie uchwycić takowe zasady w porządku praktycznym. Teoria ta stara się być mocną obroną teorii prawa naturalnego, która szuka niezmiennych, etycznych zasad w złożonym moralnie postmodernistycznym świecie.

8

Od prawa naturalnego do praw człowieka. Ewolucja idei praw naturalnych w europejskiej myśli prawno-politycznej

100%

Barut A.

Rocznik Europeistyczny

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2015

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nr 1

15-32

EN

The subject of the article is the transformation of the idea of natural law into the idea of natural rights, which took place in Europe between Greek and Roman Antiquity and the17th century, the last stage of this process was the origin of the idea human rights in the 18th century. The author focuses on the most important aspects of this evolution: transition from the understanding of law as a rational order to its conception as an expression of will, giving up the justification of law by human natural goals and justifying it by human desires instead. Finally, the author refers to the conception of Hannah Arendt, who argued that the identification of the source of political order with the subjective rights, understood as pre-political, leads to the destabilisation of the political sphere and the identification of authority with violence. The result is the disappearance of individuality, which took place in totalitarian regimes.

9

Relacje między etyką, prawem i ekonomią: analiza poglądów Adama Smitha

88%

Rogowska B.

Annales. Etyka w Życiu Gospodarczym

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2019

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tom 22

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nr 3

7-17

EN

Adam Smith is commonly viewed as the founding father of economics. This conviction stems from the publication of The Wealth of Nations in 1776. Smith’s works are chiefly examined in terms of economics. The discovery of reports of his Lectures on Jurisprudence and defining them as a “bridge” between his ethics, law and economics allows researchers to analyze Smith’s work from a fresh perspective. The aim of the paper is to discuss complex relationships between ethics included in The Theory of Moral Sentiments and general principles of law and economics. The main conclusion of this paper is that Smith emphasized the mutual complementation of moral and legal norms in the context of the economic development of the commercial society.

10

Aquinas and the Natural Habit of Synderesis: A Response to Celano

88%

Holdsworth L.

Diametros

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2016

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nr 47

35-49

EN

Anthony Celano argues that after Thomas Aquinas the flexibility of Aristotle’s ethics gives way to the universal codes of Christian morality. His argument posits that the Schoolmen adopted a line of moral reasoning that follows a Platonic tradition of taking universal moral principles as the basis of moral reasoning. While Thomas does work in a tradition that, resemblant of the Platonic tradition, incorporates inerrant principles of moral reasoning in the habit of synderesis, his understanding of those principles is distinctly Aristotelian in character and thus the flexible moral reasoning of Aristotle’s phronimos is retained. For Thomas synderesis is the first principle of practical reason and is the source rather than the inhibitor of personal and spontaneous moral reasoning. This article will first outline Celano’s position, detail the thought of Thomas’ predecessors, and then show how Thomas employs the principle of synderesis in a distinctly Aristotelian framework.

11

Teaching Constitutional Law to Undergraduate Students of Administration and Security

88%

Kozub-Ciembroniewicz W.

Security Dimensions: International & National Studies

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2018

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tom 9(9)

16-24

EN

The author endeavors to display the didactic process in undergraduate studies in administration and security. He emphasizes the legitimacy and the understanding of trans-political functions of the law. The article also discusses the legal and constitutional notion of liberty and security, which students do not fnd obvious. Moreover, he puts forward some methods that make lectures in constitutional rules more accessible to students.

12

GODNOŚĆ OSOBY LUDZKIEJ JAKO ŹRÓDŁO PRAW CZŁOWIEKA I OBYWATELA

88%

MROZEK J. J.

Civitas et Lex

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2014

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nr 1

41-47

EN

At the beginning of the article the inalienable and inborn dignity was discussed, which is an expression of natural law and it is primitive source of all other rights. Then, an analysis, of human rights based on the natural law and the rights of the citizen, which have its origin in the constitutional norms, was done.

13

Teaching Constitutional Law to Undergraduate Students of Administration and Security

88%

Kozub-Ciembroniewicz W.

Security Dimensions: International & National Studies

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2013

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tom 9(9)

16-24

EN

The author endeavors to display the didactic process in undergraduate studies in administration and security. He emphasizes the legitimacy and the understanding of trans-political functions of the law. The article also discusses the legal and constitutional notion of liberty and security, which students do not fnd obvious. Moreover, he puts forward some methods that make lectures in constitutional rules more accessible to students.

14

Restoring Catharine Macaulay’s Enlightenment Republicanism?

88%

Green K.

Dialogue and Universalism

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2021

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nr 3

39-57

EN

Can Catharine Macaulay’s enlightenment democratic republicanism be justified from the point of view of contemporary naturalism? Naturalist accounts of political authority tend to be realist and pessimistic, foreclosing the possibility of enlightenment. Macaulay’s utopian political philosophy relies on belief in a good God, whose existence underpins the possibility of moral and political progress. This paper attempts a restoration of her optimistic utopianism in a reconciliation, grounded in a revision of natural law, of naturalist and utopian attitudes to political theory. It is proposed that the coevolution of language, moral law, and conscience (the disposition to judge one’s own actions in the light of moral principles) can be explained as solutions to the kinds of tragedy of the commons situations facing our ancestors. Moral dispositions evolved, but, in the light of its function, law is subject to rational critique. Liberal democracy plausibly offers the best prospect for developing rationally justifiable law.

15

The Foundation of Moral Reasoning: The Development of the Doctrine of Universal Moral Principles in the Works of Thomas Aquinas and his Predecessors

88%

Celano A.

Diametros

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2013

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nr 38

1-61

EN

This article considers the development of the idea of universal moral principles in the work of Thomas Aquinas and his predecessors in the thirteenth century. Like other medieval authors who sought to place the principles of moral practice on a foundation more secure than on the choices of the good person, as described by Aristotle, Thomas chooses to introduce a measure of ethical certitude through the concept of the innate habit of synderesis. This idea, introduced by Jerome in his commentary on Ezekiel, locates an inextinguishable spark of conscience in all humans. Thomas, influenced by Philip the Chancellor and Albert the Great, locates the principles of natural law in this innate habit of synderesis. By so doing he can claim that all human beings have the ability to recognize universally binding moral imperatives, regardless of their background and societal influences. Through this natural ability the human basis for moral action found in Aristotle's Ethics yields to one based upon the eternal immutable laws of a divine being.

16

Teoria prawa Marsyliusza z Padwy

88%

Pawlak M.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2015

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nr 8(39)

5-23

EN

The article presents the theory of law found in the writings of Marsilius of Padua, one of the greatest political thinkers of the late Middle Ages. The problem of law in the thought of Marsilius is one of the most controversial issues in Marsilian literature. The author of the article analyzes Marsilius’ definition of law and his distinction between human law and divine law (i.e. revealed in Sacred Scripture). Also analyzed in detail is the issue of the relation between human law and justice, as well as human and divine law. The author states that Marsilius’ theory was undoubtedly original and innovative, however he distances himself from the purely positivist interpretation of this theory, popular among some (especially Polish) researchers. According to the author, Marsilius’ view on law, although highly original, bears more resemblance to the traditional natural law theories, rather than legal positivism in the classical sense.

17

Sprawiedliwość a wykładnia postanowień konstytucyjnych. Dylematy sędziego jusnaturalisty

88%

Łącki P.

Przegląd Sejmowy

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2022

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nr 5(172)

129–148

EN

Nowadays, constitutional courts, by applying constitutional provisions, resolve disputes involved in the most controversial moral and social issues and thus change legal orders. This happens not only on the basis of provisions directly protecting the fundamental rights and freedoms of individuals (human rights), but also on the basis of other constitutional provisions containing evaluative concepts. Given the axiological openness or aspiration of constitutional acts, one may ask whether the adoption of a position affirming (I) the existence of natural law and affirming (II) the requirement of the compatibility of positive law with natural law, has consequences for the interpretation and application of constitutional provisions. In particular, whether – in the light of natural law – a judge of a constitutional court, when interpreting a constitutional act, may refer directly to moral reasoning and his/her own understanding of natural law. In seeking the answer to this question, the author distinguishes three model theoretical positions: (1) a moral reading of the constitution; (2) a positivist reading of the constitution, and (3) an intermediate position. These positions can be illustrated by the jurisprudence of constitutional courts regarding the permissibility of abortion. While asserting the advantages of the positivist model, the author raises doubts about the feasibility of its implementation. For it may turn out that judges are confronted with the abstract terminology of the constitutional act and, at the same time, with the practical impossibility to precisely reconstruct the axiology of the constitution-maker underlying this terminology with the help of analytical legal tools.

18

The Thomistic Perception of the Person and Human Rights

88%

Procopiou E.

Studia Gilsoniana

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2017

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tom 6

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nr 1

131-152

EN

The idea of human rights is connected to the modern perception of law founded on subjectivity, in the context of which rights are authorizations of individual action versus a higher authority, resulting in a subjectivity of law. The huge importance of the thomistic perception of the person is connected with the issue of relations between the individual and society, as well as relations between law and state, since Thomas Aquinas foresaw what we call ‘rights of man’. Thus, the person, in a metaphysical context, is associated with natural order, since natural sociability forms the basis of a person’s supernatural fulfillment. Because of his social nature, the person is also a carrier of social relations and a product of his own encounter with other persons. In this way, Thomas Aquinas makes a synthesis of man per se, as part of mankind, and man as a person vis-à-vis others in the sphere of justice, consisting ‘in rendering to each one his right’. Ius is a relation of justice concerning what is right (iustum) from the point of view of the other, “to whom something is due.” Aquinas can be considered a forerunner of human rights of the modern era, as demonstrated by the issue of natural equity, the issue of unjust law and obedience and the issue of political legitimization. In this framework, “human” or “natural” rights are considered moral rights. However, in the sphere of law they are perceived only within the community and common good, by no means constituting exclusive and absolute rights but only rights corresponding with duties and obligations. The Thomistic approach expresses both the free side of man vis-à-vis the state and its structures (in the spiritual level) and the egalitarian demand of law within social relations. Furthermore, it places the sphere of law on the background of common good and common interest. The Thomistic approach of the human person is a response to the modern perception of legal subjectivity and the priority of individuals, associated with the ideology of rights and leading to a confrontation of individual and society and a division of man to natural man and citizen, a product of the antithesis between society and state.

19

Trzy „odczarowania” nowożytnej koncepcji prawa naturalnego

88%

WENDLAND M.

Przegląd Sejmowy

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2020

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nr 6(161)

169-187

EN

The article addresses, in the perspective of the history of modern philosophy, the issue of the transformation to which the concept of natural law was subject in the 17th and 18th centuries. The author shares the views of, among others, Habermas and Bobbio, according to which the modern concept of natural law has been made “more positive” or “disenchanted” (after Weber), and thus the traditionally understood law of nature was transformed into the concept of natural rights. The article distinguishes three forms of this process: the first one, i.e., the so-called bourgeois school of natural law (Grotius, Thomasius, Pufendorf); the second one, developed by representatives of the early (moderate) Enlightenment (Hobbes, Locke, Montesquieu); the third one, the most radical one, represented by the thinkers the late Enlightenment, mainly French encyclopaedists and materialists (La Mettrie, Holbach, Condorcet, Paine). Their common feature was the gradual abandonment of the metaphysical or theological foundations of natural law in favour of a naturalised ethic.

20

Revengeful Violence – Hannah Duston’s Captivity Narative and the Puritan Paradox

88%

Mingiuc A.

Romanian Journal of English Studies

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2012

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tom 9

|

nr 1

288-302

EN

The story of Hannah Duston brings forth a new image of the captive Puritan woman, one that is bearing the horrifying specter of violent revenge. The essay dwells on the captive’s way of dealing with the experience of captivity by touching upon Walter Benjamin’s approach on the matter and also by analyzing the moral paradox that arises.