Societas et Ius https://apcz.umk.pl/SeI Kwestie poruszane na łamach <em>Societas et Ius</em> stanowią szerokie spektrum zagadnień dotyczących filozofii politycznej, doktryn polityczno-prawnych, teorii prawa, praktyki prawniczej, nauki o państwie, politologii, socjologii, studiów międzynarodowych oraz historii. Uniwersytrt Mikołaja Kopernika w Toruniu pl-PL Societas et Ius 2299-9930 Tû-tû https://apcz.umk.pl/SeI/article/view/SEI.2017.010 Alf Ross Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 211 224 10.12775/SEI.2017.010 Glosa do „Tû-tû” Alfa Rossa https://apcz.umk.pl/SeI/article/view/SEI.2017.011 Kamil Jesiołowski Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 225 227 10.12775/SEI.2017.011 Libertarianie: szczebioczący sekciarze https://apcz.umk.pl/SeI/article/view/SEI.2017.012 Russell Kirk Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 229 239 10.12775/SEI.2017.012 Libertarianizm a konserwatyzm. Uwagi do tekstu Russella Kirka https://apcz.umk.pl/SeI/article/view/SEI.2017.013 Łukasz Święcicki Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 241 248 10.12775/SEI.2017.013 Magisterium Kościoła a problem tyranobójstwa https://apcz.umk.pl/SeI/article/view/SEI.2017.001 --- Jacek Bartyzel Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 7 23 10.12775/SEI.2017.001 Suwerenność państwa w stosunkach międzynarodowych w doktrynie Roberta Bellarmina https://apcz.umk.pl/SeI/article/view/SEI.2017.002 <p>Respublica Christiana (also referred to as Christianitas) is a Pan-European religiopolitical project of the medieval Europe, having claims for universal power upon the whole world being converted into the faith in the resurrection of Jesus Christ. That is a great medieval dream about the theologicopolitical unity about which Jan Baszkiewicz once wrote that it has never materialized. This opinion we do not side with and we hold on to the position that the dream did indeed materialize – even if for a moment – during the pontificate of Innocent III in 1214-16 when, upon the French defeating the emperor Otto IV at the battle of Bouvenies, what was genuinely united in the pontifical hands were the highest religious and political powers. </p> Adam Wielomski Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 25 75 10.12775/SEI.2017.002 Moral hypertrophy and degeneration of institutions - Arnold Gehlen’s warning against the consequences of Hobbesian nature https://apcz.umk.pl/SeI/article/view/SEI.2017.003 Arnold Gehlen is the 20th century thinker and philosopher of philosophical and political anthropology. He is best known for his theory of institutions that connects the problems of contemporary man with a reflection on the “initial” state of human being. Gehlen often referred in his research to the works of classics of modern philosophy. His views on human nature are definitely bringing him close to the 17th century English thinker - Thomas Hobbes. What strikes within the comparison of these two authors is Gehlen’s transfer of Hobbes’s assumptions to modern science. The pessimistic vision of modern human relations is grounded on the basis of a careful description of both man as an individual being and the history that shaped him. Certainly Gehlen’s research is an interesting way to modern reinterpretation of Hobbes’s views on the consequences of human nature. Sonia Horonziak Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 77 86 10.12775/SEI.2017.003 Ład prawny według Hobbesa i Kanta https://apcz.umk.pl/SeI/article/view/SEI.2017.004 The paper aims at comparing two concepts of legal order: retributive and utilitarian one. Kant turns out to be a typical representative of the first one; Hobbes represents the second. The main point of the argument is: what is the aim of punishment? Utilitarists think that the purpose of the penalty is to reduce the number of crimes. Proponents of the retributive theory stress the enforcement of justice as the main point of punishment. In the end the author tries to answer the question if supernaturalistic antropology is necessary as a foundation of retributive theory of punishment. Mateusz Mirosławski Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 87 97 10.12775/SEI.2017.004 Kantowskie pojęcie godności a współczesne prawodawstwo https://apcz.umk.pl/SeI/article/view/SEI.2017.005 The aim of this article is to explain the term „human dignity”, which appears in modern constitutions and international treaties. The author included Immanuel Kant’s philosophical conceptions and indicated that it is possible to note Kantian inspirations on the ground of contemporary law. Furthermore, problems and doubts bound up with potential reception of Kant’s concepts were likewise described. The basis for the presented issues was the analysis of decisions of Polish Constitutional Tribunal and Polish law in general. Kamil Jesiołowski Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 99 113 10.12775/SEI.2017.005 Formalna i materialna tożsamość systemu prawa https://apcz.umk.pl/SeI/article/view/SEI.2017.006 The aim of the article is to show that exclusively formal criteria are not sufficient to establish the identity of a legal system. The concept of identity of a legal system proposed by Joseph Raz, as a prominent representative of a positivist tradition, is presented and criticized. The more abstract, norm-based approach in legal philosophy is also criticized for neglecting the very important feature of law, which is its profound impact on human existence. The different approach to the question of the identity of the legal system, considering both formal and material criteria of identity, is proposed. Szymon Osmola Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 115 124 10.12775/SEI.2017.006 Carl Schmitt – myśliciel walki – czyli precz z fałszywym politycznym liberalnym konsensusem https://apcz.umk.pl/SeI/article/view/SEI.2017.007 <p>In this article I present radical approach to capitalist ideology using intellectual thoughts of Carl Schmitt. I also try to expose this part of his thinking that particularly can help us to understand contradictions of liberalism ideology and also weakness of democratic system. We must to find solution how to transform existing capitalist global regime of inequality and exploitation into more equally and really democratic structure. I assert that in this hard and specific task can help us critical approach toward capitalism, that is represented by many intellectuals from different Scientific disciplines and give us powerful and deep critique of existing regime. The neoliberal ideology try to defame both valuable though of Carl Schmitt and critical approach toward capitalism, but the time has come, new crises that started in 2007 showed the world weakness and bloodthirstiness of capitalist exploitation system. I used Schmitt to explore contradictions of still existing marriage between liberalism and democracy and also to try understand how we can transform this terrible situation into good ending.</p> Dominik Chojnowski Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 125 156 10.12775/SEI.2017.007 Co Tocqueville mówi nam o demokracji – spojrzenie z perspektywy ekonomicznej teorii polityki https://apcz.umk.pl/SeI/article/view/SEI.2017.008 <p>lexis de Tocqueville has been known chiefly as a liberal thinker and political theorist, but his economic concepts – albeit not systematized – are equally important. Using the framework of public choice theory, this article aims to reconstruct his widely known critique of democracy in the economic terms. Studying the growth of democratic governrment by notions of self-interest, rational ignorance, rational irrationality and other concepts borrowed from economics could allow one to acknowledge the importance of Tocqueville as a precursor of public choice theory and the need to remain doubtful in the face of democratic rule.</p> Andrzej Radkowski Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 157 176 10.12775/SEI.2017.008 Świadomość utopijna i ład społeczny. Uwagi socjologiczno-literackie https://apcz.umk.pl/SeI/article/view/SEI.2017.009 <p>This essay discusses Utopian thinking and analyses its social and political determinants, transformational potential and functions fulfilled by Utopian projects of social order in the intellectual and cultural life of various groups and social wholes. The most important elements of Utopian discourses are the starting point for the analyses and are their theoretical scope. These elements take the form of categories and concepts from sociology, philosophy and social theory and are confronted with research materials in the form of selected utopias and dystopias in literature and examples from world history, which are usually used as exemplifications of the analysed ideas and tendencies. The assumption which lies behind the realistically oriented approach in sociological literature underlies this double analysis. According to this assumption, «literary utterances» can be treated not only as phenomena that are constructed socially, linguistically and aesthetically but also aselements of the dialectical process of social communication, which are full of a notional content, and a voice in the debate on issues important for theory. The aim of this paper is to describe the intertextual creative community that develops between the categories used by social theory when analysing utopias and social order and the topic explored by authors of utopian prose who test how some selected ideas operate in the worlds from novels. The «double viewpoint» (theory-literature) has been suggested for research purposes to identify and organize the most important elements of the interdisciplinary and cross-border area of the utopian universe, which can represent a contribution to a more detailed description of such a universe.</p> Marcin Hylewski Prawa autorskie (c) 2018 Societas et Ius 2018-04-20 2018-04-20 6 177 206 10.12775/SEI.2017.009