Postautorytarna trauma jako czynnik sprawczy przemian mechanizmu przedawnienia roszczeń w Polsce. Część 2

The first part of the article characterizes the change in the provisions concerning the way of taking into account the expiration of the limitation period of claims, which took place in 1990, as well as the basic aspects related to the functioning of two competing solutions in the discussed issue, i.e. taking into account the expiration of limitation period of claims by the court ex officio or on the defendant’s plea. This second part of the article presents the practice of applying the solution introduced in 1990, including the assessment by the courts of the plea of limitation raised by the defendant in terms of whether it constitutes an abuse of law. Some irregularities that emerged in connection with the functioning of the electronic writ of payment were also indicated. Attention was also paid to the aspect of the sometimes expressed social attitude in the analyzed matter and the amendment to the provisions on the limitation of claims made by the Act of April 13, 2018. The latter regulation caused that now, in relation to claims pursued by entrepreneurs from consumers, the court must ex officio take into account the expiration of the limitation period of claim. The considerations end with reflections on the causes and effects of the phenomenon of the return, albeit partial, to such a solution. After all, it was first rejected in 1990 as a normative structure functioning in an authoritarian state, and in a significant period even totalitarian (as discussed in more detail in the first part of this article), and now in 2018 it has been restored with regard to claims pursued by entrepreneurs from consumers.

The Normative Structure of the State of Epidemic under Polish Law

This article analyses normative structure of a key anti-epidemic emergency measure under Polish law – a State of Epidemic. It is defined as a legal situation introduced in a given area in connection with an epidemic in order to undertake anti-epidemic and preventive measures specified in the Act of 5 December 2008 on preventing and combating infections and infectious diseases to minimize the effects of the epidemic. The Act and this complex measure is authorised by Article 68(4) of the Constitution of the Republic of Poland of 2 April 1997. It requires public authorities to “combat epidemic illnesses and prevents the negative health consequences of degradation of the environment“. The purpose of this article is also to explain why Poland reacted to the SARS-CoV-2 crisis declaring the nationwide State of Epidemic on 20 March 2020 and not by other extraordinary measures.

The method Foucault gave us: the Foucauldian toolbox for thinking about philosophical problems in a digital context. Some notes and examples from the 2019 Chilean mobilizations

This paper seeks to highlight the French philosopher Michel Foucault's contributions regarding his analysis of power. In this sense, the text proposes a conceptual transition around the ideas that could have interested the author within a digital context, integrating some notes and examples from the 2019 Chilean mobilizations.The article has an initial section that exposes genealogy as a way of approaching social reality. Then, it shows the social behaviors anticipation possibilities and their relationship with the information available on the web. Later, it renders an account of the algorithmic governmentality notion as a key to reading it in both normative structure and a political possibility to final state reflections.

The matter of motivating reasons

It is now standard in the literature on reasons and rationality to distinguish normative reasons from motivating reasons. Two issues have dominated philosophical theorising concerning the latter: (i) whether we should think of them as certain (nonfactive) psychological states of the agent—the dispute over Psychologism; and (ii) whether we should say that the agent can ϕ for the reason that p only if p—the dispute over Factivism. This paper first introduces a puzzle: these disputes look very much like merely verbal disputes about the meaning of phrases like ‘S’s reason’ in motivating reasons ascriptions, and yet charity requires us to think that something substantive is afoot. But what? The second aim of the paper is to extract substantive theses from certain natural argument for Psychologism and Anti-Factivism—theses which are versions of a Cartesian view of the nature and normative structure of rationality. The paper ends by arguing against these substantive theses on phenomenological and ethical grounds. The upshot is that proponents of Psychologism and Anti-Factivism are either engaged in the project of defending merely verbal theses or they’re engaged in the project of defending false substantive ones.

Human Dignity and Proportionality

The relation between proportionality analysis and human dignity is one of the most contested questions in the debate over the normative structure of human dignity. Two conceptions stand in opposition: an absolute and a relative conception. According to the absolute conception, the guarantee of human dignity counts as a norm that takes precedence over all other norms in all cases. Taking precedence over all other norms in all cases implies that proportionality analysis, and with it, balancing is precluded. According to the relative conception, proportionality analysis is necessary in order to determine whether human dignity is violated or not. Alexy’s thesis in this dispute is, first, that only the relative conception satisfies the requirements of rationality, and second, that it by no means leads to a devaluation of human dignity.

The Heroic Archetypes and the Reinvention of Aswang Character in Segundo Matias’ Moymoy Lulumboy Ang Batang Aswang

Marginalized and queer heroes are being recognized in the resurgence of various types of characters in contemporary hero narratives. In challenging the normative conventions, there are heroic values in the ambiguous presentation of their character which are revived and valorized based on the heroic archetypes presented in the story. Given this, how do we reconcile the normative conventions of hero attributed to queer and deviant representation of his character and heroic deeds? This paper analyzes the contemporary work of Segundo Matias' Moymoy Lulumboy: Ang Batang Aswang. Patterned from Joseph Campbell's normative structure of hero's journey, which models the representation of various nature of character heroes and their established heroic archetypes, this study revealed that a category of heroic deviant exists in portraying character hero in the revival of Aswang lore in contemporary urban legend. Furthermore, this paper affirms that the resurrection of the archetypal pattern and the marginal presentation of the hero and his journey present a re-inscripted image of Aswang from a "rigidly static" to a semi-heroic ascension.

A Comparative Study on the Determinants of Non-Business and Business Students Entrepreneurship Intention

The purpose of this paper is to examine the factors that influence the entrepreneurship intention of undergraduate university students in Malaysia by making a comparative analysis among different groups of students. Employing a probability stratified disproportionated sampling, a total of 150 business and 150 non-business students completed the entrepreneurship intention questionnaire. The questionnaire has five parts extracting information about demographic profiles, regulative structure, normative structure, cognitive structure, and entrepreneurship intention. The respondents were asked to state their opinions on statements on a five-point Likert-type scale. The hypotheses were tested using Pearson correlation and multiple regression. Our finding first has discovered business students possess a high level of entrepreneurial intention, cognitive structure, and normativestructure as compare to non-business students. On other hand, non-business students have high level of regulative structure as compared to business students. Second, there are positive relationships between regulative, normative, and cognitive structure and entrepreneurship intention for both business and non-business students. Third, based on regression analysis, the normative structure has been discovered as the strongest predictor for both groups. This indicates that social pressures or supports will influence students’ intention to become an entrepreneur. Thus, the study finds interesting mixed results where there is a significant difference in entrepreneurship intention, regulative, normative, and cognitive structure between business and nonbusiness students, and all variables are significant to both groups where normative structure acts as a significant predictor forboth groups. Thus, regardless of students’ academic courses, anyone can become an entrepreneur. The study strongly suggests the need to incorporate an entrepreneurship support system by Malaysian universities, government, and related agencies.

Open Science as an Engine of Anxiety: How Scientists Promote and Defend the Visibility of Their Digital Selves, while Becoming Fatalistic about Academic Careers

Science, as a professional field, produces extreme forms of inequality.Most young and aspiring scientists who sucessfully complete their tertiaryeducation and go on to train as a PhD or doctoral student, never make it tobecoming a 'working scientist'. Most of those who do become postdocs,never make it to becoming a tenured professor. And most of those whobecome professors, never make it to becoming famous in their field,receiving prestigeous prices or even being highly cited. Careers in scienceare a trial of attrition, where only the best (or the luckiest?) prevail in thecompetition for careers. Scientists themselves tend to believe, generally, thatscience is a meritocracy, with the most productive being selected along thesecareer junctures. While there is no logical contradiction between meritocracyand competitivity and while many scientists believe that the meritocraticideal explains and justifies the high competitivity sufficiently, there is at leastsome ambivalence. Robert K. Merton (1973) noted the general ambivalencethat results from the interplay between the normative structure and thereward system in science. Since then it is not just the increased competitivityand the rising inequalities, that have changed; more importantely, it is theway visibility regimes have been changing over the last 20 years, mainly dueto digital communication, that has forced scientists to acknowledge theambivalence inherent in the meritocratic narrative. This essay is an attemptto explore this ambivalence, which, as of yet, has no ready-made description.A first way of describing this ambivalence may start from a series offirst-person accounts, empirical research results, and theoretical insights, thatcome from an emerging literature on the subject. Science as an “engine ofanxiety” (Espeland and Sauder, 2016; Fochler, Felt and Müller, 2016),“imposter syndrome” (Loveday, 2018; Grey, 2020; Keogh, 2020), “publish-or-perish” (Dalen and Henkens, 2012; Rijcke et al., 2016), or just“ambivalence” (Flink & Simon 2014) are some of the terms used to describea perceived shift in research cultures, where meritocracy and competitivityhave lost balance. This literature refers to processes of quantification(Desrosières, 1998), medialization (Weingart, 1999), projectification (Torka,2009, 2018; Franssen et al., 2018), or to significant shifts from blockfunding to temporary and third-party-funding. The result of theseoverlapping and sometimes mutually reinforcing processes is felt byindividual researchers as a source of anxiety, leading to feelings ofinadequacy, and, ultimately, to the belief that science may be more of alottery than a meritocracy (Loveday, 2018; Reinhart and Schendzielorz,2020). It is easy to dismiss these feelings as the reactions of those who havelost out in the competition for recognition. That would, however, bepremature for two reasons. First, these feelings may still be a reaction to ashift in research cultures, irrespective of whether this reaction is deemedadequate or not. Second, these feelings and beliefs have become a relevantforce in movements and policy initiatives that push for such diverse goals asmore reproducibility of research results, more gender equality and diversityin academia, or more careful use of quantitative indicators in the (self-)governance of science. To address these issues, my argument in this essay will ,first, describe the ambivalence in a current understanding of science both as competitiveand meritocratic, by relating it to changes in scientific visibility regimes.Second, I will briefly discuss the theoretical concepts that emerge from sucha description, mainly 'visibility', 'background emotions', and 'digital selves'.Third, I will lay out one strategy that highly visible individual scientistsseem to employ, to deal with the ambivalence of these new visibilityregimes. Finally, forth, I will discuss what the ensuing politics in sciencemight be, that result collectively from such individual strategies. Theargument will result in a paradox: The current visibility regime in science, resulting from digital communication and online platforms, leads toexcitement among scientists over the possibilities for attaininghypervisibility. Increasingly, however, the excitement of fashioning digitalselves is taken over by anxiety over being exposed to the possibility ofnegative, reputation threatening attention. Pardoxically, anticipating andpreventing such a possibility leads to even more vigorous fashioning ofdigital selves, for which the open science movement provides the mostsuitable policy narrative. In short: to protect themselves from the possiblenegative effects of visibility, scientists push for more visibility; whilebecoming fatalistic about their careers and about science policy.

The Ethical Life of Counter-Communities

This article explores the normative structure of counter-communities. These communities do not simply fulfill a compensatory function for excluded or oppressed groups; their specific sociality is transcendent of society at large. The article outlines this notion of the “superiority of the subjugated” with Hegel and explains its social-theoretical relevance by turning to Marx and Engels. This tradition of thought offers two explanations for the superiority of subjugated sociality, one that relies on a philosophy of history (the servant's way of existence anticipates a coming sociality), and one that relies on anthropological premises (servants have an already-present access to specific social potentials of their species being that the masters are missing). After considering these two options with regard to the proletariat as a form of subjugated sociality, the article makes the case for a general theory of the ethical life of counter-communities and applies it to the examples of queer and diasporic forms of collectivity. In closing, the article explores the success conditions of counter-collectivization as well as names some social-theoretical implications.

CONSEQUENCES OF PERFORMANCE OF LEGAL ACTIONS WITH NO PRELIMINARY PERMISSION FROM A GUARDIANSHIP AND CUSTODIANSHIP AUTHORITY

The article reveals and critically analyzes the legislative model of legal effects in case of violation of the rule on the need to obtain preliminary permission from the guardianship authority to perform certain actions; the insufficient elaboration of the modern normative structure is proved, including from the position of a balanced and effective protection of the interests of the ward and third parties.