Issue 2(6) /2013

LOW – CULTURE – VALUES

edited by Monika Torczyńska

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From the Editorial Board fulltext.pdf (in English)

T  H  E  M  E  D     A   R   T   I   C   L   E   S:

Monika Torczyńska, Introduction fulltext.pdf (in English)

Monika Malmon, Aristotle’s Quest for an Ideal Political System fulltext.pdf (in Polish)

This article presents Aristotle’s opinions about the political system of ancient Greek city-states. Democracy is criticized by Aristotle as a degenerate system because it is based on the opinion that people who are equal in certain respects are thereby equal in all – which is not true. The Stagirite construes the principle of equality as a danger for citizens because it would mean that everyone is entitled to influence the state in an equal measure, regardless of their knowledge and skills. In a democratic system, decisions regarding the most im-portant issues of the state are subject to the decision of the majority, who do not always have capabilities for a proper discernment of matters political. The best of systems is the politeia, combining two forms of government: democracy and aristocracy, which is put into practice upon the acceptance of the citizens.

Keywords: citizen, political system, democracy, state

 

Monika Torczyńska, Ubi societas, ibi ius: idealsand reality fulltext.pdf (in Polish)

This article is an attempt to reflect on specific issues related to searching for the optimal shape of the system of law in modern society. Democratic Europe, diverse in many ways though it is, takes pride in its commonly shared core ideas that constitute the normative foundation for all the citizens of the continent. These are primarily the principles of the Roman law and the principal element of humanism. In the European socio-legal reality, these rights and ideas do not always find their full implementation. In particular, the general idea of human rights is subjected to a number of interferences, intrusions and restrictions. This is not a mere “ailment” exclusively endemic to the legal culture typical of democracies. The legal culture of Islam, having distinct religious and social roots (for instance, Turkey or Iran) stresses the importance of the quest for the ideal of the state and law as an equally essential area of political and civic activity. Obstacles and setbacks arising on the way to achieving this goal result in serious social consequences. The most pressing of these are associated with the decrease in social trust, subsequently with the degradation of the culture of trust, and eventually with the reduction of the social capital of any given community.

Keywords: law, democracy, democratic legal culture, culture of trust, the ideal of the law

 

Tymoteusz Marzec, The Influence of the Acceleration of Time on Law. Law and Legal Culture in the Information Age fulltext.pdf (in Polish)

In this article, I would like to point out some of the changes that have taken place in modern society, attempt to find new features of society in the positive law, show their impact on the legal system, and outline some of the challenges for the modern law, which have led to the emergence of a completely new type of society – often called the post-modern society. The paper zooms in on a select segment of the changes from a particular perspective: it looks at both society and the law in the context of their new operation in time. Currently, we can notice the manifestation of the acceleration of the pace of life in almost every expression of our culture. What is, therefore, the current state of the law? Has it also sped up? What is the future of the law in this context? These are the questions I try to answer in this article.

Keywords: law, legal culture, postmodernism, inflation of law, time

 

Piotr Nastaj, Impact of Corporate Social Responsibility on Business Law Firms fulltext.pdf (in Polish)

This article presents the issue of corporate social responsibility (CSR – Corporate Social Responsibility) on the basis of select of law firms. Corporate social responsibility of such companies are founded on the principle that during the process of developing a business strategy they voluntarily take into account the interests of society and the environment, but also complex relationships with various stakeholders. The article is underpinned by the idea that being responsible means not only conforming to all the formal and legal obligations on the part of law firms but also sustaining increased investment in human resources, in environmental protection, and in relatioships with stakeholders, all of which can have a palpable impact on the efficiency of economic ventures and businesses as well as on their inventiveness. The paper also emphasises the need to consider the concept of corporate social responsibility at the very initial stage of shaping any law firm’s strategy and its ensuing impact on future undertakings.

Keywords: law firm, corporate social responsibility, environment, environmental protection, human resources

 

Małgorzata Dziewanowska, Sexual behaviour of young people in the context of contemporary challenges fulltext.pdf (in Polish)

The aim of this article is to present issues related to sexual offences committed by or against minors. In addition to that, non-legal factors will be analysed, such as access to and quality of sexual education at home and at school or social development of minors. Special attention is paid to the impact of information technologies (the Internet, mobile phones, tablets) on the intensity of juvenile delinquency, e.g. pornography, sexting, stalking, cyberbullying. The main question is whether it is possible to legally regulate and codify the behaviour of teenagers in terms of their sexual activity in a way which protects them sufficiently from harm. It is also of interest what factors determine the consistency of criminal law – and, in the case of minors, the law of juvenile justice – and observable reality. The paper concludes that the joint impact of culture and social norms constitutes the crux of the matter.

Keywords: minors, sexual education, sexual behaviour, pornography, sexting, cyberstalking

 

Jacek Gurczyński, Free Internet, Free Culture fulltext.pdf (in Polish)

This paper discusses the problem of intellectual property and copyright in the times of the development of digital-age technologies. The article points out the differences between possessing material goods and intellectual property. The question arises if the latter can be called “a property” at all. Subsequently, the author explains why copying and downloading content from the Internet cannot be simply defined as stealing. The author also points out that obtaining and holding copyright has recently become too restrictive and obsolete. As a conclusion, the need for thorough public debate concerning the very fundamental problem – the defintion of “intellectual property” is highlighted. Other long-term recommendations include in-depth reforms of the present copyright system so that it is more fine-tuned to the reality dominated by the rapidly developing digital technologies.

Keywords: M. Castells, L. Lessig, Internet, free culture, intellectual property, copyright

O T  H  E  R     A   R   T   I   C   L   E   S

Alen Sierżęga, Cruelty of Mobbing – a Sketch for Further Analysis of the Phenomenon fulltext.pdf (in Polish)

The questions about cruelty in modern Western societies become fully justified in the case of the problem of psychological torture, namely mobbing. It is a phenomenon that is hardly noticed and remains significantly and scientifically sidelined. Marginalised, it is primarily treated only as a dysfunction that hampers the interest of an organisation. The aim of the article is to present mobbing in the light of considerations relating to the nature of cruelty, which – although it changes its forms – still remains an acutely present disposition.

Keywords: cruelty, mobbing, moral harassment

 

Sebastian Bodzak, On the Embodied Mind. Body and Sexuality in the Philosophy of M. Merleau-Ponty fulltext.pdf (in Polish)

The category of corporeality is often taken up not only in modern philosophy but in science also, i.e., cognitive theories of “the embodied mind”. In the paper, the idea of the body as a physical product which is managed by some human internal feature like “free will” or res cogitans is challenged. Instead, the body is described as an active part of human agency. Maurice Merleau-Ponty is not only distinguished as the pioneer of research in the field but a scholar the specificity of whose philosophy should be acknowledged as well. Focusing on pre-reflective experience of humans and their peculiar dialogic relation with the external world, Merleau-Ponty overcomes classic dualisms. Sexuality, being a specific dimension of human existence, is also the object of the philosopher’s scholarship. In sexuality he discovers other properties of human nature. As a consequence, Merleau-Ponty postulates that an individual should be considered “embodied human agency”. This is the focus of my article, in which I expound on the philosopher’s ideas providing arguments that the human body is a multidimensional entity and that such a definition is crucial to aptly characterising subjectivity/agency. I also point out that human’s psychophysical unity (monism) manifests itself in sexuality (including emotionality), being an essential ingredient of homo sapiens’ existence.

Keywords: Maurice Merleau-Ponty, sexuality, body, corporeality, human agency, subjectivity, embodied human agency

 

Tomasz Stefaniuk, Karolina Domańska, Understanding Life and Death in Islamic Scriptures: the Koran and the Hadith fulltext.pdf (in Polish)

The purpose of the article is the analysis of the foundations of Islamic eschatology and soteriology, and in particular the understanding of life and death in the Koran and the Hadith. Islamic source texts define God as the Creator of the world and the Lord of all creation, which implies absolute faith in humanity’s total dependence on the Almighty. According to the teachings of Islam, humans are primarily subjects of moral actions. As a result, they will be judged on the basis of the choices made during their lifetime, which is understood as the transient trial period. Humans who satisfy God’s wishes will be rewarded with eternal life in the heavenly gardens, while those who fail to comply with the Almighty’s commands will be subject to damnation.

Keywords: Islam, Muslims, Muslim, Islamic, the Koran, the Quran, Sunna, Hadith, Muhammad, Mahomet, eschatology, soteriology, religious studies.

R  E  V  I  E  W  S:

Robert Piotrowski, The 23rd edition of The Dictionary of Philosophy, Martin Gessmann, ed., Philosophisches Wörterbuch, 23rd, Alfred Kröner Verlag, Stuttgart, 2009, pp. 790 fulltext.pdf (in Polish)

Krzysztof Rojek, Nicolai Hartmann’s Philosophy, “Ruch Filozoficzny” fulltext.pdf (in Polish)

Dariusz Bęben, Vytěsněná elita. Zapomínaní učenci z Německé univerzity v Praze, PetrHlaváček, Dušan Radvanovič, eds., FF UK & Togga, Praha 2012, p. 166 fulltext.pdf (in Polish)

R  E  P  O  R  T  S :

Justyna Rynkiewicz, Practical Application of Philosophy. Self-fulfillment – Coaching – Business world, Lublin, 11 April 2013) fulltext.pdf (in Polish)

Honorata Jakuszko, Seventeenth-century Philosophy – Origins and Continuation, Lublin, 20-21 June 2013 fulltext.pdf (in Polish)