Dialogi Polityczne https://apcz.umk.pl/DP Dialogi Polityczne pl-PL dialogipolityczne@gmail.com (Łukasz Perlikowski) greg@umk.pl (Grzegorz Kopcewicz) Tue, 13 Apr 2021 00:00:00 +0200 OJS 3.3.0.8 http://blogs.law.harvard.edu/tech/rss 60 Aksjologia Konstytucji RP, czyli od wartości do prawa pozytywnego https://apcz.umk.pl/DP/article/view/DP.2021.005 <p>The purpose of the study is to analyse the axiological premises of the Constitution of the Republic<br />of Poland. The values expressed in the Constitution are crucial to the entire legal system in<br />a given country, including particular fields and areas of law. In other words, the values expressed<br />in the constitution should also be reflected in the rules of law that are binding in Poland. There<br />is no doubt that a correct understanding of the Constitution and other law acts is contingent on<br />the right understanding of the constitutional values. Axiology is relevant to law. Law refers to<br />values and it should be made, interpreted and evaluated in the light of values. The above statement<br />refers also to the Constitution of the Republic of Poland. Since the key values of the entire<br />legal system are embedded in the Basic Law, a dispute concerning the constitutional values is in<br />effect a dispute about the whole legal system.</p> Piotr Ruczkowski Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.005 Tue, 13 Apr 2021 00:00:00 +0200 Spór o azjatyckie wartości. Porządek aksjologiczny Singapuru w ujęciu Lee Kuan Yew https://apcz.umk.pl/DP/article/view/DP.2021.006 <p>The dispute over Asian values was one of the most important political tools in Southeast Asia<br />in the 1990s. The Prime Minister of Singapore, Lee Kuan Yew, used this concept to describe the<br />axiological order that prevails in the so-called Eastern Tigers – Asian metropolises that developed<br />very quickly economically, not accepting all the standards of Western democracy. This<br />article analyzes the dispute over Asian values, which was particularly acute at the end of the<br />last century. It is based on two questions: Are human rights universal? And What is the optimal<br />ratio of freedom to social control of the state apparatus? The work introduces the political model<br />created by Lee Kuan Yew – known as the Sage from the East, whose legal and social solutions<br />constitute a development model for the entire East Asia. Today, as the political presence of Asia,<br />and especially of China, is felt more and more around the world, the dispute over Asian values<br />is re-emerging.</p> Maria Kądzielska Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.006 Tue, 13 Apr 2021 00:00:00 +0200 Pojęcie kultury politycznej w realiach postoświeceniowej racjonalności https://apcz.umk.pl/DP/article/view/DP.2021.007 <p>Political culture is a narrower part of a larger whole known as culture. The meaning of this<br />concept has evolved over time and acquired new meanings, which influenced the understanding<br />of the concept of political culture. In this process, the changing understanding of human<br />rationality was critical. In the classical concept, rationality meant the ability of the human mind<br />to recognize truth, good and beauty and the related objective standards of excellence in each<br />of the areas of reality around man. Recognizing and implementing these standards, a person<br />was to rise to a higher and more rational level, which was to determine his cultural development<br />and achieving successive levels of cultural progress. The change in the understanding of<br />human rationality brought about by Descartes consisted in the fact that what was the content<br />of human reason began to be recognized as rational. The consequence was the emergence of<br />a multitude of different concepts of reality, none of which was able to demonstrate its superiority.<br />Recognized standards and methods of rational justification have proved insufficient to<br />distinguish what is true from what is false and what is rational from the irrational. In the face of<br />a multitude of different visions of reality, the only thing left was to take the position of relativism,<br />which became the basic criterion of rationality and the main determinant of the level of political<br />culture.</p> Janusz Filipkowski Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.007 Tue, 13 Apr 2021 00:00:00 +0200 Zmierzch cywilizacji? Rozważania wokół teorii Barbera, Giddensa i Becka https://apcz.umk.pl/DP/article/view/DP.2021.008 <p>In this article, the author wonders whether we are witnessing the disappearance of the major<br />civilizations of the world and the formation of “one, universal civilization”? In order to examine<br />the theories: Benjamin Barber, Anthony Giddens and Ulrich Beck. The conclusions state that<br />there is no way to predict whether actually gone civilizations and the emergence of the McWorld<br />(as it defined Barber) because, according to Popper, the future cannot be predicted. Nevertheless,<br />the paper presents the processes leading to the disappearance of civilizations, and which are<br />mainly from globalization.</p> Alfred Skorupka Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.008 Tue, 13 Apr 2021 00:00:00 +0200 Reforma protestancka wobec reformy gregoriańskiej https://apcz.umk.pl/DP/article/view/DP.2021.001 <p>The critique of Gregorian reform by the protestants reformers is evident. It is the theme of many<br />books scribed by the period of Reformation, by the protestant theologians and canonists. We<br />don’t understand why this problem is absent in the contemporary literature. We are not the<br />books and articles of researchers about the matter of Protestantism and his critique of Gregorianism,<br />and comparisons of these two great institutional projects of the organisation of Christianity<br />and church. The aim of this text is make this comparison step by step. We would understand<br />the protestant phenomenon as the royalist contour-attack to Gregorian ideas of the church autonomous<br />of the temporal power, and the theocratic supremacy of pope over kings and princes.<br />We find the Reformation as the great attempt to restauration the pre-Gregorian world, and the<br />supremacy of princes over territorial and national churches. But it’s the restauration of status que<br />ante in the new situation of disintegration of the European catholic community. And we have<br />two news questions: catholic and protestant confessionalisations and the so-called erastianism.<br />The last is the radicalisation of pre-Gregorian theological-political project.</p> Adam Wielomski Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.001 Tue, 13 Apr 2021 00:00:00 +0200 ,,Prawo do godnej ludzkiej egzystencji” w myśli rosyjskich liberałów pierwszej połowy XX wieku https://apcz.umk.pl/DP/article/view/DP.2021.002 <p>Russian liberalism differs significantly from European liberalism. One aspect where this difference<br />is most clearly marked is the acceptance by Russian liberals of socialism as the ultimate<br />form of the socio-economic system. At the same time, they wanted to give socialism a legal<br />form, which has not yet been achieved in European thought. The legal form of socialism was to<br />be the so-called the right to a dignified human existence. The term was coined by the Slavophilic<br />thinker Włodzimierz Solowjow and adapted to his own ideas by a number of Russian liberal<br />thinkers: Paweł Nowgorodtsev, Józef Pokrowski, Bohdan Kistiakowski and Sergiusz Hessen. The<br />paper indicates how the content of the “right to a dignified human existence” was formulated<br />and how it had significance for the views of Russian lawyers on the rule of law and the socioeconomic<br />system.</p> Marcin Jędrysiak Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.002 Tue, 13 Apr 2021 00:00:00 +0200 Współczesna krytyka populizmu a krytyka demokracji Platona i Arystotelesa – podobieństwa i wnioski https://apcz.umk.pl/DP/article/view/DP.2021.003 <p>The author points out similarities between modern-day criticism of populism and ancient Plato’s<br />and Aristotle’s criticism of democracy. On this basis, some issues contained in common approaches<br />to populism are considered, including potential elitism and usage of arguments of antidemocratic<br />origins and significance. That raises the question of linkages between populism and<br />democracy.</p> Stanisław Starnawski Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.003 Tue, 13 Apr 2021 00:00:00 +0200 Substancjalistyczna i akcydentalistyczna krytyka demokracji w myśli Erika von Kuehnelt-Leddihna https://apcz.umk.pl/DP/article/view/DP.2021.004 <p>The article shows substantial and accidental criticism of democratic system presented by the<br />Austrian thinker Erik von Kuehnelt-Leddihn. Democracy is a system difficult to define, it is hard<br />to assign one proper definition including all aspects of its functioning, the problem of defining<br />the concept of system is discussed and its advantages and disadvantages are also indicated. The<br />article confronts the conclusions drawn from the analysis of the work Democracy – opium for the<br />people with the voices of other critics of democracy.</p> Natalia Grubala Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.004 Tue, 13 Apr 2021 00:00:00 +0200 Michał Peno, Filozoficzne podstawy kryminalizacji, Wydawnictwo Naukowe Uniwersytetu Szczecińskiego, Szczecin 2019, ss. 124. https://apcz.umk.pl/DP/article/view/DP.2021.015 Wiktor Jan Lekki Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.015 Tue, 13 Apr 2021 00:00:00 +0200 Przestępstwo i kara w myśli politycznej, prawnej i ekonomicznej, red. Marek Cisek i Łukasz Święcicki, Wydawnictwo Von Borowiecky, Warszawa 2018, ss. 284 https://apcz.umk.pl/DP/article/view/DP.2021.016 Weronika Siłuszyk Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.016 Tue, 13 Apr 2021 00:00:00 +0200 Libertariańska teoria kary i samoobrony https://apcz.umk.pl/DP/article/view/DP.2021.009 <p>The libertarian theory of punishment is based on the restitution principle and the mirror principle.<br />The former states that the perpetrator should compensate for the harm caused to the victim.<br />The latter states that the perpetrator forfeits his or her rights to the extent that he or she has<br />deprived another person of theirs. Both in determining damages as well as in imposing mirror<br />punishment the principle of proportionality must be followed. Thus, the appropriate libertarian<br />punishment for a rights violation is a combined punishment which includes both rectification<br />and mirror punishment. The libertarian theory of punishment sets an upper limit on punishment<br />but there is no obligation on victim to impose the maximum penalty. The victim is the<br />sole disposer of the punishment; it is up to the victim to decide whether the punishment is to be<br />carried out and whether it should take the maximum permissible amount. When the victim is<br />dead and has left no disposition as to the application of the mirror punishment, the punishment<br />can be applied by a third party. In analyzing the libertarian theory of self-defense, we should<br />take into account both the mirror principle and the principle of gentleness, which states that the<br />defending party should use the least amount of violence necessary to provide effective protection.<br />A situation where a victim is unable to use an adequate amount of violence and can either<br />forego defending themselves or use a disproportionate amount of violence poses an interesting<br />challenge for libertarian theory and requires further analysis.</p> Stanisław Wójtowicz Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.009 Tue, 13 Apr 2021 00:00:00 +0200 On Type Creation and Ownership https://apcz.umk.pl/DP/article/view/DP.2021.010 <p>The subject matter of intellectual property rights is an intangible entity. It is identified as an<br />immaterial type which may be embodied in multiple material tokens. A prominent acquisition<br />principle postulates that creators are entitled to a property right in their creation. Combined<br />with a widespread belief that innovators and artists bring to existence not only tokens, but also<br />types, this leads to the acceptance of property rights in these types. In order to avoid conflicts of<br />claims and deadlocks under propertarian framework, the acquisition of equivalent types must be<br />restricted. This may be achieved by assuming that types are unique. However, when the uniqueness<br />property holds, the belief in type creation is untenable. If unique immaterial types exist at<br />all, then they do so regardless of any human activities and may eventually be identified or recognized,<br />but not created. Hence the creationist principle cannot justify owning them.</p> Wojciech Gamrot Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.010 Tue, 13 Apr 2021 00:00:00 +0200 A Critique of the Neoclassical Approach to Consumer Choice https://apcz.umk.pl/DP/article/view/DP.2021.011 <p>In this paper we analyze neoclassical concepts such as utility maximization and indifference, in<br />order to identify their failure to explain consumer choice. Thus, we study the problems of indifference<br />analysis, and the process of human action itself. We provide a critique of the neoclassical<br />view of consumer choice and contrast it with the Austrian approach.</p> Alan G. Futerman, Walter E. Block Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.011 Tue, 13 Apr 2021 00:00:00 +0200 Toward the Legalization of Markets in Used Human Body Parts https://apcz.umk.pl/DP/article/view/DP.2021.012 <p>The legalization of markets in human organs would save lives. Human lives matter. Therefore, we<br />should promote economic freedom and end the prohibition of commercial transactions in this<br />sector of the economy.</p> Leith B. Edgar, Walter E. Block Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.012 Tue, 13 Apr 2021 00:00:00 +0200 Epistemological Foundations in the Ethical Debate Concerning Fractional Reserve Banking and Borrowing Short and Lending Long https://apcz.umk.pl/DP/article/view/DP.2021.013 <p>Various commentators have taken different approaches to the question of whether or not fractional<br />reserve banking (FRB) and borrowing short and lending long (BSLL) are ethical banking<br />practices. In this paper, we examine the epistemological foundations in this debate, with particular<br />focus on FRB. We discuss this question with regard to FRB in particular, because while<br />many authors agree that FRB is illicit, the methodology by which this conclusion is reached differs.<br />This matters, because it is only when FRB’s ethicality has been established by employing the<br />correct epistemology is it possible to address the issue of BSLL. BSLL’s legitimacy then rests on<br />whether or not there exists a continuum, which we leave for a separate discussion.</p> Laura Davidson, Walter E. Block Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.013 Tue, 13 Apr 2021 00:00:00 +0200 Is it alright to use people merely as a means to an end? https://apcz.umk.pl/DP/article/view/DP.2021.014 <p>Several philosophers inveigh against using people merely as a means to their own end. In their<br />view, this necessarily involves a rights violation. The present paper takes the opposite tack, and<br />defends this activity.</p> Walter E. Block Prawa autorskie (c) 2021 Dialogi Polityczne https://apcz.umk.pl/DP/article/view/DP.2021.014 Tue, 13 Apr 2021 00:00:00 +0200