scholarly journals Sędzia między realiami polityczności a imperatywami etycznymi. Odpowiedź na recenzję Mateusza Wojtanowskiego

Author(s):  
Rafał Mańko

The project of a critical philosophy of adjudication – the application of the presuppositions of critical jurisprudence to the area of judicial application of law – is, to a large extent, a polemic with Artur Kozak’s project of juriscentrism. Whereas the critical philosophy of adjudication accepts, by and large, juriscentrism’s claims concerning especially the social construction of legal reality, it does not accept the views concerning the determination of judicial decisions by institutional imperatives. Adopting Duncan Kennedy’s conception of the moderate indeterminacy thesis, critical philosophy of adjudication claims that the imperatives following from so-called traditional legal methods cannot be seen as limiting the judge when she needs to decide an intepretive dilemma. What the judge may perceive as resistance, are in fact ideological, political and economic imperatives, only cloaked in legal form. This leads to the conclusion that, in essence, a judicial decision has a political character, because it is never fully determined in an unequivocal manner by legal materials (provisions, precedents, intepretive habits), but it always remains, to a certain extent, open. In consequence, the judge, acting under the reality of the political (i.e. structural social conflicts) should not only follow the imperatives of the lex (legislation) and the ius (legal tradition), but also should abide by moral imperatives. The latter include, on the one hand, the requirement of transparency of legal reasoning (e.g. not concealing the extra-legal factors behind a decision), and, on the other hand, a conscious choice of the ideological premises of the decision. Critical philosophy of adjudication, as an emancipatory project, prefers in this respect a pro-emancipatory stance of the judge, i.e. that she strives to make decisions maximising the actual scope of freedom of the individual and liberating her from any form of domination.

2020 ◽  
Vol 22 (11) ◽  
pp. 11-15
Author(s):  
Gan N.Yu. ◽  
Ponomareva L.I. ◽  
Obukhova K.A.

Today, worldview, spiritual and moral problems that have always been reflected in education and upbringing come to the fore in society. In this situation, there is a demand for philosophical categories. One of the priority goals of education in modern conditions is the formation of a reasonable, reflexive person who is able to analyze their actions and the actions of other people. Modern science is characterized by an understanding of the absolute value and significance of childhood in the development of the individual, which implies the need for its multilateral study. In the conditions of democratization of all spheres of life, the child ceases to be a passive object of education and training, and becomes an active carrier of their own meanings of being and the subject of world creation. One of the realities of childhood is philosophizing, so it is extremely timely to address the identification of its place and role in the world of childhood. Children's philosophizing is extremely poorly studied, although the need for its analysis is becoming more obvious. Children's philosophizing is one of the forms of philosophical reflection, which has its own qualitative specificity, on the one hand, and commonality with all other forms of philosophizing, on the other. The social relevance of the proposed research lies in the fact that children's philosophizing can be considered as an intellectual indicator of a child's socialization, since the process of reflection involves the adoption and development of culture. Modern society, in contrast to the traditional one, is ready to "accept" a philosophizing child, which means that it is necessary to determine the main characteristics and conditions of children's philosophizing.


Sensors ◽  
2021 ◽  
Vol 21 (14) ◽  
pp. 4842
Author(s):  
Waldemar Kamiński

Nowadays, hydrostatic levelling is a widely used method for the vertical displacements’ determinations of objects such as bridges, viaducts, wharfs, tunnels, high buildings, historical buildings, special engineering objects (e.g., synchrotron), sports and entertainment halls. The measurements’ sensors implemented in the hydrostatic levelling systems (HLSs) consist of the reference sensor (RS) and sensors located on the controlled points (CPs). The reference sensor is the one that is placed at the point that (in theoretical assumptions) is not a subject to vertical displacements and the displacements of controlled points are determined according to its height. The hydrostatic levelling rule comes from the Bernoulli’s law. While using the Bernoulli’s principle in hydrostatic levelling, the following components have to be taken into account: atmospheric pressure, force of gravity, density of liquid used in sensors places at CPs. The parameters mentioned above are determined with some mean errors that influence on the accuracy assessment of vertical displacements. In the subject’s literature, there are some works describing the individual accuracy analyses of the components mentioned above. In this paper, the author proposes the concept of comprehensive determination of mean error of vertical displacement (of each CPs), calculated from the mean errors’ values of components dedicated for specific HLS. The formulas of covariances’ matrix were derived and they enable to make the accuracy assessment of the calculations’ results. The author also presented the subject of modelling of vertical displacements’ gained values. The dependences, enabling to conduct the statistic tests of received model’s parameters, were implemented. The conducted tests make it possible to verify the correctness of used theoretical models of the examined object treated as the rigid body. The practical analyses were conducted for two simulated variants of sensors’ connections in HLS. Variant no. I is the sensors’ serial connection. Variant no. II relies on the connection of each CPs with the reference sensor. The calculations’ results show that more detailed value estimations of the vertical displacements can be obtained using variant no. II.


Author(s):  
Konstantin S. Sharov

The paper is concerned with a study of the changing content and style of non-canonical Christian religious preaching in the digital age. Special attention is paid to the analysis of modern rhetoric Christian preachers practice in their Internet channels, forums and blogs. It is shown that the content of the Internet sermon is largely determined by the Internet users themselves and the topics of their appeals. The fundamental characteristics of the content of the Internet sermon are: 1) focus on the individual, their private goals and objectives, not just on theological problems; 2) rethinking the phenomenon of the neighbour; 3) a shift from the Hesychast tradition of preaching the importance of inner spiritual concentration to the preaching of religious interactivity. The observed stylistic features of the digital preaching can be summarised as follows: 1) moving away from simple answers to the rhetoric of new questions addressed to the audience; 2) empathy, co-participation with a person in his/her life conflicts and experiences; 3) desire to share religious information, not to impose it; 4) resorting to various rhetorical techniques to reach different audiences; 5) a tendency to use slang, sometimes even irrespective of the audience’s language preferences and expectations. It should be pointed out that the Orthodox Internet sermon in the Russian Internet space has a dual and contradictory nature. On the one hand, this phenomenon can be regarded as positive for the Orthodox preaching in general, since it is a means of spreading Christian ideas in the social groups that do not constitute a core of parishioners of Orthodox churches, for example, schoolchildren, students, representatives of technical professions, etc. On the other hand, the effectiveness of such preaching is still unclear. Lack of reliable statistics as well as the results of the survey related to the Orthodox Internet preaching gives us no opportunity to judge about effectiveness or ineffectiveness of the phenomenon at this stage of its development.


Symposion ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 79-88
Author(s):  
Samson Liberman ◽  

The aim of this paper is a socio-philosophical analysis of attention deficit phenomenon, which is being detected at the intersection of several subject areas (psychiatry, theory of journalism, economics). The main methodological instrument of the study is a Marxist principle of alienation. Alienation of attention, which, on the one hand, is being understood as a process of producing attention as a commodity, and on the other one – as the process of producing a person as a user of the platform, provides the methodological basis, necessary for a holistic view of the phenomenon. The main differences of attention alienation from alienation of labor and desire are considered within the paper. The possibility of a modern form of alienation is associated primarily with the emergence of the new forms of capital – platforms, providing infrastructure for the interaction of other users and aimed at collection and procession of large amounts of data. The main aspects of attention management: game, content sharing and design have been distinguished within the paper. The main consequences of alienation of attention for the structure of the individual and society have been spelled out. The effects of the spread of gaming techniques of attention management and content distribution techniques specific to social networks have been considered. It being is suggested that there is a correlation between the spread of ADHD diagnosis and the spread of attention management technologies, and, as well, between the distribution of attention management technology and the ‘renaissance’ of social in the social theory.


Author(s):  
Irina A. Iles ◽  
Xiaoli Nan

Counterfactual thinking is the process of mentally undoing the outcome of an event by imagining alternate antecedent states. For example, one might think that if they had given up smoking earlier, their health would be better. Counterfactuals are more frequent following negative events than positive events. Counterfactuals have both aversive and beneficial consequences for the individual. On the one hand, individuals who engage in counterfactual thinking experience negative affect and are prone to biased judgment and decision making. On the other hand, counterfactuals serve a preparative function, and they help people reach their goals in the future by suggesting effective behavioral alternatives. Counterfactual thoughts have been found to influence an array of cognitive processes. Engaging in counterfactual thinking motivates careful, in-depth information processing, increases perceptions of self-efficacy and control, influences attitudes toward social matters, with consequences for behavioral intentions and subsequent behaviors. Although it is a heavily studied matter in some domains of the social sciences (e.g., psychology, political sciences, decision making), counterfactual thinking has received less attention in the communication discipline. Findings from the few studies conducted in communication suggest that counterfactual thinking is a promising message design strategy in risk and health contexts. Still, research in this area is critically needed, and it represents an opportunity to expand our knowledge.


2015 ◽  
Vol 25 (1) ◽  
pp. 33-38
Author(s):  
Juozas Raistenskis ◽  
Zdislav Skvarciany ◽  
Romualdas Gurevičius

Declining birth rates, increasing number of diseases and injuries among children, socio-economical change in the situation of the country, as well as other social, health - and economics-related factors are the main reasons for greater interest of scientists in research on the social and health disparities in the counties (municipalities and districts). This paper analyzes the inequalities in first-time recognized children’s disability in counties of Lithuania during the period of 2007-2011. Aim of the study. To analyze incidences of the firsttime recognized children’s disability in Lithuania from 2007 to 2011 and to compare the parameters of the first-time recognized children’s disability incidence in 10 counties, taking into account variability of disability incidence inside the counties. Methods. The study used the data on the initial determination of disability in children, taken from Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labor from 2007-2011. For the usage of further statistical index, the information on the number of citizens was taken from the database of Department of Statistics of the Republic of Lithuania. The indicators were age-standardized using the direct standardization method and the statistical program “WinPepi”. For the variation analysis of country’s regional disparities the One-way ANOVA test was applied. Results. During the analyzed period (2007-2011) in Lithuania some form of disability was found in 10649 children under the age of 18, of whom 6,219 - boys (58,0 percent) and 4,430 - girls (42,0 percent). The largest newly-recognized children’s disability averages in 2007-2011 were found in the region of Šiauliai (43,68 ± 1,70), Panevėžys county (41,55 ± 1,96) and Utena county (41,53 ± 6,27). In boys’ group - Šiauliai county (51,64 ± 1,53), Telšiai county (47,72 ± 10,61), Utena county (46,69 ± 7,83) and Panevėžys county (45,61 ± 2,59). In girls’ group - Panevėžys (37,14 ± 2,31 ), Šiauliai (35,33 ± 2,47), and Utena (36,16 ± 5,11) c o unties. In both girls’ and boys’ groups statistically significant differences (p0.05) in newly recognized children’s disability incidence in the country’s counties were found. Conclusions. The conducted variation analysis of children’s disability at t h e age of 0-17 y.o. in the period of 2007-2011 throughout the country’s counties, revealed inequalities among the counties. The biggest differences in newly determined disability in children in comparison with other counties of the country were found among Šiauliai, Utena, and Panevėžys counties.


1984 ◽  
Vol 17 ◽  
pp. 111-133 ◽  
Author(s):  
Ted Benton

The topic of my talk is a very ancient one indeed. It bears upon the place of humankind in nature, and upon the place of nature in ourselves. I shall, however, be discussing this range of questions in terms which have not always been available to the philosophers of the past when they have asked them. When we ask these questions today we do so with hindsight of some two centuries of endeavour in the ‘human sciences’, and some one and a half centuries of attempts to situate the human species within a theory of biological evolution. And these ways of thinking about ourselves and our relation to nature have not been confined to professional intellectuals, nor have they been without practical consequences. Social movements and political organizations have fought for and sometimes achieved the power to give practical shape to their theoretical visions. On the one hand, are diverse projects aimed at changing society through a planned modification of the social environment of the individual. On the other hand, are equally diverse projects for pulling society back into conformity with the requirements of race and heredity. At first sight, the two types of project appear to be, and often are, deeply opposed, both intellectually and politically.


Author(s):  
P.J. Groenen ◽  
M.C. ten Noever de Brauw

AbstractVolatile N-nitrosamines were determined in the vapour phase of tobacco smoke after accumulation of Iarge vapour samples on to a cooled capillary GLC column. Detection was effected by computerized mass spectrometry and by a nitrogen-specific detector. Five different tobacco products were studied with mass spectrometry for the presence of eight individuaI nitrosamines. The result was negative thirty-nine times and positive only once. Initially, the detection Iimit for the individual nitrosamines was 2 ng per 20-55 mI vapour injection; during this study the effective detection limit was Iowered for some of the compounds by a further twofold to fivefold increase of the vapour volume analysed. The one nitroso compound identified positively and unambiguously was N-nitrosopiperidine in the smoke from the American blend cigarettes. It amounted to about 5.6 ng in the vapour phase of the smoke of one cigarette. The partition of nitrosamines between vapour phase and particulate phase is not known, but amounts of more than 1 µg of dimethylnitrosamine or nitrosopiperidine in the whole smoke of one cigarette as found by some authors, seem improbably high. It is shown in this paper that exclusive use of the alkali flame ionization detector for nitrosamine determinations would have led to false-positive results, especially for dimethylnitrosamine.


2021 ◽  
Vol 3 (3) ◽  
pp. 33-50
Author(s):  
Andrey V. Scorobogatov ◽  

Introduction. This article is devoted to the research of essence and the legal behaviour of the person. The purpose of article is the identification of the factors influencing formation, development and content of legal behaviour. Theoretical Basis. Methods. The article is based methodologically on the post-classical anthropological paradigm which allows consideration of legal behaviour through a prism of subjective perception by the person. The studying of fundamental bases of legal behaviour is impossible without identification of their valuable basis. Results. It is proved that the commission by the person of certain actions in the legal sphere depends on the individual and the social system of legal values, the individual and society (social group) relation to them, legal status of the personality and the social role which is carried out by it. The classification of legal behaviour on the basis of an axiological approach assumes an allocation of the person which is active, ordinary and passive depending on degree of readiness to carry out the legal actions, being guided by the valuable orientations and installations determined by legal socialisation and the system of legal values of group with which the subject identifies themselves. At the same time, it is insignificant how these actions meet the standards of positive law. However, the legal behaviour often has situational character. In this case its contents are defined by the system of so-called individual person law. The behaviour of the person is the result of operation of the special mechanism consisting of consistently realised elements that connected among themselves not only cognitively but also functionally including legal requirement, legal interest, legal motive, legal orientation, legal installation, legal decision, and legal act. These elements consistently replace each other, providing an interrelation of legal behaviour with legal awareness. The role of the state in formation of the person’s legal behaviour, though is very considerable, but it is not defining. In the process of legal socialisation the cognitive elements of the mechanism of legal behavior determined by legal tradition in combination with social and individual legal experience are formed. Discussion and Conclusion. The analysis of legal behaviour is aimed at expanding the value ideas of legal reality. This will allow a deeper look at legal development on a global scale.


2021 ◽  
Vol 10 (34) ◽  
Author(s):  
N.V LYUBAVINA ◽  
◽  
V.O PROKOPYEVA ◽  

The need for self-education is becoming more common in the information society. Moreover, this form of education becomes a continuous process, since knowledge is an inexhaustible resource. Self-education is a form of individual activity of a person motivated by his own professional and personal needs and interests and aimed at acquiring the necessary knowledge, skills and abilities and improving them. The main feature of this type of activity is the absence of an educational institution and a training person, freedom of choice. With the advent of the information technology age, self-education is becoming increasingly popular. As many researchers note, this trend is due, first, to global changes associated with the transition from a post-industrial to an information society, which assumes the work of a person with information as the leading type of activity. Secondly, for modern market relations, the value of self-education is manifested in the fact that it acts as an instrument of social mobility. Third, self-education becomes one of the priority elements of the lifestyle of a number of social groups, contributing to the change of their place and role in the social structure of society. And, finally, self-education is one of the main factors and indicators of the improvement of the individual, and, consequently, of society. Based on this, self - education acts, on the one hand, as an integral part of self-education, self-improvement of the individual, and on the other-as the main method of continuing education, a means of continuous education. The article presents the results of a study conducted using the Stephenson method, which involved 20 respondents (10m+10j) aged 18 to 35 years. The purpose of the study was to identify the opinions of young people regarding the characteristics of self-education in the information society. Of the 30 statements submitted that reflected these traits, respondents were asked to express their agreement or disagreement with them using a scale from -2 to +2.


Sign in / Sign up

Export Citation Format

Share Document