scholarly journals Tajemnica zawodowa adwokata i radcy prawnego w postępowaniu przed sejmową komisją śledczą

Author(s):  
Robert Rynkun-Werner ◽  

The secret of the professional of a lawyer and legal advisor in proceedings before the parliamentary inquiry commission. Professional secrecy is scared for a lawyer. It is a legal and ethical obligation. The state tries to enter into professional secrecy in various ways, as it happensin the case of procideengs before the parliamentary inquiry commission. The commission may apply to the court for release of the lawyer from the obligation of professional secrecy. Then an attorney may face an ethical problem – how to behave? Therefore, an extremely imprtant role lies with the court, which decides to release the lawyer the obligation of secrecy.

2018 ◽  
Vol 50 (3) ◽  
pp. 1047-1065 ◽  
Author(s):  
Aram Hur

Why do citizens choose to comply in democracies, even when coercion is limited? Existing answers focus on contractual trust or expected payoffs. I show that a different pathway exists in the ethical pull of the nation. A large literature in political theory argues that special communities, such as the nation, can instill an ethical obligation to the collective welfare, even in the absence of formal rules. I argue that when the identities of one’s nation and the state are seen as closely linked, this national obligation is politicized towards the state and motivates a sense of citizen duty to comply. Through statistical modeling and a pair of experiments in South Korea versus Taiwan – two otherwise similar democracies that contrast in nation-state linkage – I show that this ethical pathway is likely real and highly contextual. The findings help us better understand the varied bases of citizen compliance in democracies.


2012 ◽  
Vol 56 (1) ◽  
pp. 12-22
Author(s):  
Gottfried Schweiger

Abstract This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of social justice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should be vastly taxed by the state, and c) the idea that there is a moral obligation for the athletes to spend portions of their incomes on good causes. I will conclude that in today’s circumstances there are good reasons to advocate both option one (limitation) and option two (taxation), but that priority should be given to taxation.


Author(s):  
Philip J. Ivanhoe

Mohist philosophy describes the broad-ranging philosophical tradition initiated by Mo Ti or Mozi (Master Mo) in the fifth century bc. Mozi was probably of quite humble origins, perhaps a member of the craft or artisan class. Early in life, he may have studied with followers of Confucius. However, he went on to become the first serious critic of Confucianism. Mozi’s philosophy was part of an organized utopian movement whose members engaged in direct social action. He was a charismatic leader who inspired his followers to dedicate themselves to his unique view of social justice. This required them to lead austere and demanding lives, as he called upon them to participate in such activities as the military defence of states unjustly attacked. Mozi is arguably the first true philosopher of China. He was the first to develop systematic analyses and criticisms of his opponents and present carefully argued positions of his own. This led him and his later followers to develop an interest in and study of the forms and methods of philosophical argumentation, which contributed significantly to the development of early Chinese philosophy. Mozi saw ideological differences and the factionalism they spawned as the primary source of human suffering, and he hotly criticized the familially-based ethical and political system of Confucius for its inherent partiality. In its place he advocated three basic goods: the wealth, order and the population of the state. Against the Confucians, he argued for jian’ai (impartial care). Jian’ai is often translated as ‘universal love’, but this is misleading. Mozi saw the central ethical problem as an excess of partiality, not a lack of compassion; he was interested not in cultivating emotions or attitudes, but in shaping behaviour. He showed remarkably little interest in moral psychology and embraced an extremely thin picture of human nature, which led him away from the widely observed Chinese concern with self-cultivation. His general lack of appreciation for psychological goods and the need to control desires and shape dispositions and attitudes also led him to reject the characteristic Confucian concern with culture and ritual. Mozi believed human beings possess an extremely plastic and malleable nature, and he advocated a strong form of voluntarism. For several different reasons, he believed that people could be induced to take up almost any form of behaviour. First, he shared a common early Chinese belief in a psychological tendency to respond in kind to the treatment one receives. He further believed that, in order to win the favour of their rulers, many people are inclined to act as their rulers desire. Those who do not respond to either of these influences can be motivated and controlled by a system of strict rewards and punishments, enforced by the state and guaranteed by the support of Heaven, ghosts and spirits. Most important of all, Mozi believed that rational arguments provide extremely strong if not compelling motivation to act: presented with a superior argument, thinking people act accordingly. The social and political movements of the later Mohists lasted until the beginning of the Han Dynasty (206 bc). They continued Mozi’s early interests and developed sophisticated systems of logical analysis, mathematics, optics, physics, defensive warfare technology and strategy and a formal ethic based upon calculations of benefit and harm. All the philosophical concerns of the later Mohists can be found in the early strata of the Mozi, and seem to reflect the teachings of the tradition’s founder.


Author(s):  
John V. Whitbeck

On August 13, 1993, it was announced that secret Israeli–Palestinian negotiations, facilitated by the government of Norway, had produced the agreement which, exactly one month later, was signed between the State of Israel and the Palestine Liberation Organization (PLO) as the “Declaration of Principles on Interim Self-Government Arrangements” (DOP). This chapter presents the author's account of his role in post-DOP negotiations, which involved serving as a legal advisor to the Palestinian negotiating team during the final week of the negotiations in Cairo, which produced the first post-DOP implementing agreement, the Gaza/Jericho Withdrawal Agreement, signed on May 4, 1994.


2020 ◽  
Vol 82 (4) ◽  
pp. 595-617
Author(s):  
Humeira Iqtidar

AbstractAbul Aʿla Maududi (1903–1979), the influential Indo-Pakistani Islamist thinker, proposed a detailed vision of what he called “theodemocracy.” This has been seen widely as a theocracy despite Maududi's explicit rejection of the term and its philosophical underpinnings. I suggest here that Maududi's vision of theodemocracy opens up a productive space for reflection on the relationship between popular and state sovereignty. Maududi saw popular sovereignty as an ethical problem; it corrupted the potential for individual moral development that the institutional mechanism of the state could otherwise allow for. Highlighting the complicated relationship of his ideas with colonial rule, and showing that he used the colonial liberal state as both a foil and model for his analysis, I argue here that “theodemocracy” was his attempt at divorcing sovereignty from the state. This endeavor generated creative tensions, and forms an important contribution to the global discussion about sovereignty and the state.


Author(s):  
T. A. Welton

Various authors have emphasized the spatial information resident in an electron micrograph taken with adequately coherent radiation. In view of the completion of at least one such instrument, this opportunity is taken to summarize the state of the art of processing such micrographs. We use the usual symbols for the aberration coefficients, and supplement these with £ and 6 for the transverse coherence length and the fractional energy spread respectively. He also assume a weak, biologically interesting sample, with principal interest lying in the molecular skeleton remaining after obvious hydrogen loss and other radiation damage has occurred.


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