scholarly journals Relacja prawa i moralności z prawnego punktu widzenia. Moralność partykularna a moralność kooperatywna

Author(s):  
Jerzy Leszczyński

This article describes the relation between law and morality when applied to solving legal problems. The relation in question is not understood solely as a conflict between law and morality which implies a need to decide in favour of one or the other. Indeed, moral substance of law make references to morality not only possible but necessary. The limit for those references is established by the principle of equality before the law. Moreover, an internal diversification of morality is analyzed. Some part of it needs to be secured by law, which in itself does not harm the social or individual identity, that is, public and private morality is distinguished, then minimal and maximal morality – concepts proposed by Michael Walzer. This idea, approached from a legal point of view, leads to the formulation of what seems the best-founded proposal: particular and cooperative morality.

2012 ◽  
Vol 5 (2) ◽  
pp. 109
Author(s):  
Besin Gaspar

This research deals with the development of  self concept of Hiroko as the main character in Namaku Hiroko by Nh. Dini and tries to identify how Hiroko is portrayed in the story, how she interacts with other characters and whether she is portrayed as a character dominated by ”I” element or  ”Me”  element seen  from sociological and cultural point of view. As a qualitative research in nature, the source of data in this research is the novel Namaku Hiroko (1967) and the data ara analyzed and presented deductively. The result of this analysis shows that in the novel, Hiroko as a fictional character is  portrayed as a girl whose personality  develops and changes drastically from ”Me”  to ”I”. When she was still in the village  l iving with her parents, she was portrayed as a obedient girl who was loyal to the parents, polite and acted in accordance with the social customs. In short, her personality was dominated by ”Me”  self concept. On the other hand, when she moved to the city (Kyoto), she was portrayed as a wild girl  no longer controlled by the social customs. She was  firm and determined totake decisions of  her won  for her future without considering what other people would say about her. She did not want to be treated as object. To put it in another way, her personality is more dominated by the ”I” self concept.


This book focuses on the relationship between private and public education in a comparative context. The contributors emphasize the relationship between private choices and public policy as they affect the division of labor between public and private non-profit schools, colleges, and universities. Their essays examine the kinds of choices offered by each sector, as well as the effects of present and proposed public policies on the intersectoral division of labor. Written from neither a pro-private nor a pro-public point of view, the contributors point to the ways in which they believe one sector or the other may be preferable for certain goals or groups.


Pólemos ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Christian Biet

AbstractTheatre and law are not so different. Generally, researchers work on the art of theatre, the rhetoric of the actors, or the dramaturgy built from law cases or from the questions that the law does not completely resolve. Trials, tragedies, even comedies are close: everybody can see the interpenetration of them on stage and in the courts. We know that, and we know that the dramas are made with/from/of law, we know that the art the actors are developing is not so far from the art of the lawyers, and conversely. In this paper, I would like to have a look at the action of the audience, at the session itself and at the way the spectators are here to evaluate and judge not only the dramatic action, not only the art of the actors, not only the text of the author, but also the other spectators, and themselves too. In particular, I will focus on the “common judgment” of the audience and on its judicial, aesthetic and social relationship. The spectators have been undisciplined, noisy, unruled, during such a long period that theatre still retains some prints of this behaviour, even if nowadays, the social and aesthetic rule is to be silent. But uncertainty, inattention, distraction, contradiction, heterogeneity are the notions which characterise the session, and the judgments of the spectators still depend on them. So, what was and what is the voice of the audience? And with what sort of voice do spectators give their judgments?


Mäetagused ◽  
2021 ◽  
Vol 79 ◽  
pp. 167-184
Author(s):  
Eda Kalmre ◽  

The article follows the narrative trend initiated by the social media posts and fake news during the first months of the corona quarantine, which claims that the decrease of contamination due to the quarantine has a positive effect on the environment and nature recovery. The author describes the context of the topic and follows the changes in the rhetoric through different genres, discussing the ways in which a picture can tell a truthful story. What is the relation between the context, truth, and rhetoric? This material spread globally, yet it was also readily “translated” into the Estonian context, and – what is very characteristic of the entire pandemic material – when approaching this material, truthful and fabricated texts, photos, and videos were combined. From the folkloristic point of view, these rumours in the form of fake news, first presented in the function of a tall tale and further following the sliding truth scale of legends, constitute a part of coping strategies, so-called crisis humour, yet, on the other hand, also a belief story presenting positive imagery, which surrounds the mainly apocalyptically perceived pandemic period and interprets the human existence on a wider scale. Even if these fake news and memes have no truth value, they communicate an idea – nature recovers – and definitely offer hope and a feeling of well-being.


2020 ◽  
Author(s):  
Alberto N. García ◽  
Pablo Castrillo

This article analyzes, from an aesthetic and cultural point of view, two pivotal moments in The Americans, a Cold War spy thriller set in the heart of Ronald Reagan’s America. Both samples—one from the mid-series episode “Stingers” (3.10.), and the other from the series finale, “START” (6.10.)—show how the protagonists, two KGB spies living undercover in the United States as a married couple with two kids, disclose their secret identity to characters with whom they have a special emotional bond: their daughter, who has become a devout Christian; and their best friend and neighbor, who happens to be a counterintelligence officer in the FBI. After exploring how identity and performance play a crucial role in the spy-thriller genre, the article investigates whether it is possible for the audience to interpret the feelings and thoughts of characters with multiple identities who excel in the art of duplicity; and whether the viewer can infer intention from performance. Following this epistemological discussion, the article then sets out to explain the sociocultural relevance and timeliness of The Americans as a text whose thematic and aesthetic concerns ultimately revolve around individual identity vis-a-vis collective allegiances and ideologies.


2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.


Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 5-14
Author(s):  
Augusto Ponzio

AbstractIt is not with the State that personal responsibility arises towards the other. According to Emmanuel Levinas, the other is every single human being I am responsible for, and I am this responsibility for him. The other, my fellow, is the first comer. But I do not live in a world with just one single “first comer”; there is always another other, a third, who is also my other, my fellow. Otherness, beginning with this third, is a plurality. Proximity as responsibility is a plurality. There is a need for justice. There is the obligation to compare unique and incomparable others. This is what is hidden, unsaid, implied in legal discourse. But recourse to comparison among that which cannot be compared, among that which is incomparable is justified by love of justice for the other. It is this justification that confers a sense to law, which is always dura lex, and to the statement that citizens are equal before the law. From this point of view, State justice is always imperfect with respect to human rights understood as the rights of the other, of every other in his absolute difference, in his incomparable otherness.


2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).


2013 ◽  
Vol 13 (1) ◽  
pp. 271-284 ◽  
Author(s):  
Suren Basov ◽  
M. Ishaq Bhatti

AbstractMost research in contract theory concentrated on the role of incentives in shaping individual behavior. Recent research suggests that social norms also play an important role. From a point of view of a mechanism designer (a principal, a government, and a bank), responsiveness of an agent to the social norms is both a blessing and a curse. On the one hand, it provides the designer with extra instruments, while on the other it puts restrictions on how these new and the more conventional instruments can be used. The main objective of this paper is to investigate this trade-off and study how it shapes different contracts observed in the real world. We consider a model in which agent’s cost of cheating is triggered by the principal’s show of trust. We call such behavior a norm of honesty and trust and show that it drives incentives to be either low powerful or high powerful, eliminating contracts with medium powerful incentives.


Wisdom ◽  
2020 ◽  
pp. 176-202
Author(s):  
John Kekes

Reflective understanding involves the evaluation of our personal attitude formed of our changing, often faulty, and frequently conflicting beliefs, emotions, desires, experiences, and evaluations. Their evaluation proceeds from two points of view. One is that of our personal attitude. The other is the point of view of the various modes of evaluations that jointly form the evaluative framework of the context in which we live. Both kinds of evaluations may be faulty. Reflective understanding involves the critical evaluation of the reasons for and against the prevailing social evaluations that follow from our personal attitude and of the reasons for and against our personal attitude that follow from the prevailing social evaluations. The test of the adequacy of our personal attitude is our satisfaction with our life. And the test of social evaluations is the continued long-term allegiance of those who follow the social evaluations, although they need not do so.


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