In this paper I will tackle three issues. First, I aim to briefly outline the backbone of semantic minimalism, while focusing on the idea of ‘liberal truth conditions’ developed by Emma Borg in her book ‘Minimal Semantics’. Secondly, I will provide an account of the three principal views in legal interpretation: intentionalism, textualism and purposivism. All of them are based on a common denominator labelled by lawyers ‘literal meaning’. In the paper I suggest a novel way of viewing this common (...) denominator as almost identical to the Borgian ‘liberal truth conditions’, at least at a conceptual level. In the third section I will focus on the conceptual similarities between the two ideas. I intend to depict that, although legal theorists do not admit it explicitly, they treat literal legal meaning as minimal propositional content that can be ascribed liberal truth conditions. There are two main objections to liberal truth conditions: their under-determinacy and unintuitive character. Both objections can be applied to ‘literal meaning’. However, the idea of liberal truth conditions gives an adequate account of what lawyers call literal meaning and is helpful in explaining the mechanism of understanding of provisions and reasons leading to the necessity of statutory interpretation. (shrink)

In the present study, clinically depressed and non-depressed adults described the events that happened to them each day for two weeks, and these descriptions were content analys...

I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) judgments of lying, after being presented with the state of the world, to be inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content she did not communicate. I performed a survey experiment on the Qualtrics platform. Participants were recruited through Amazon Mechanical Turk. I employed standard Likert scales and forced-choice questions. I found that: average lying judgments are similar in casual and courtroom contexts; motive to lie decreases trust ascription and increases lying judgment; judgments of lying are inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content they did not communicate. Perjury ascriptions are inconsistent. The Supreme Court’s worries expressed in the Bronston judgment are well founded. This article helps reforming jury instructions in perjury cases. (shrink)

In the present paper we argue that although the semantics of both legal and moral statements can be explained with the use of a unified framework called hybrid or quasi-expressivism (Finlay & Plunkett, 2018), there still is an important difference in the semantics of moral and legal terms. Namely, while the truth conditions of legal statements are widely intersubjectively shared, this is not the case with moral statements. We demonstrate this difference using the example of the ex aequo et bono (...) adjudication method. In the first background section we explain what is hybrid or quasi-expressivism as well as what is the standard account of the semantics of moral and legal statements. In the next section, we explain in detail how we aim to demonstrate that the semantics of legal terms and the semantics of some moral terms, such as ‘goodness’ or ‘fairness’, differ importantly. In order to illustrate the difference, we next explain the ex aequo et bono adjudication method and provide examples of cases in which this method has been employed. Crucially, this method is extremely rarely used, which highlights the difference between the semantics of legal and moral statements. Finally, we provide our interpretation of why ex aequo et bono adjudication is so seldom employed and what consequences this has for a theory of the semantics of legal and moral terms. (shrink)

The essay “Practising ‘cruel optimism’: Eight Months on Ghazzah Street by Hilary Mantel” delves into Mantel’s novel through the lens of Berlant’s concept of cruel optimism. Berlant’s construct, rooted in the pursuit of conventional notions of a fulfilling existence, highlights the protagonists’ endeavors in Saudi Arabia as a postcolonial adventure bound to end in disillusionment. Mantel’s portrayal of Frances Shore and her husband Andrew illuminates the tension between their aspirations for financial security and the disconcerting realities of cultural displacement and (...) legal constraints under Sharia law. The city’s architecture mirrors Frances’s sense of unease, resembling oppressive structures associated with fascist regimes. The portrayal of Jeddah’s construction environment, echoing totalitarian aesthetic reminiscent of fascist regimes, serves as a compelling allegory for Frances’s sense of entrapment within a society where her agency is circumscribed by gendered and legal strictures. Casting Frances as a contemporary iteration of the Gothic heroine ensnared within her domicile, Mantel explores the disjuncture between the alleged benevolence of religious doctrine and the punitive nature of its legal apparatus. Frances’s interrogation of this dissonance not only underscores the pervasive nature of cruel optimism but also hints at the inherently paradoxical nature of faith systems that simultaneously offer solace and impose constraints. Through its fluid engagement with concepts of cruel optimism, urbanity, and gender dynamics, the essay invites readers to contemplate the multifaceted interplay between individual aspiration and systemic coercion within the affluent and autocratic socio-cultural landscape. (shrink)

Celem artykułu jest przedstawienie wyzwań i trudności, jakie mogą pojawić się w procesie oceny przez komisje etyczne projektów badawczych bazujących na jakościowych technikach gromadzenia danych uzyskiwanych od osób świadczących różnego rodzaju usługi seksualne. Badania te zwykle podlegają ocenie komisji etycznych ze względu na ryzyko krzywdy dla uczestników, którzy postrzegani są jako szczególnie „podatni na zranienie”. Jednocześnie ze względu na stygmatyzację społeczną, jaka wiąże się ze świadczeniem usług seksualnych, zarówno badacze, jak i osoby uczestniczące w badaniu i wchodzące w skład komisji (...) etycznych mogą mieć swoje wyobrażenia i oczekiwania co do tego, jak powinny przebiegać etyczne badania w tym obszarze. Odwołując się do doświadczeń badaczek anglosaskich, omówię, jak te oczekiwania oraz wymagania komisji etycznych zderzają się, stawiając badaczy przed koniecznością spełniania rozbieżnych czy wręcz sprzecznych oczekiwań różnych aktorów społecznych. Zaproponuję także, w jakim kierunku mógłby zmienić się sposób działania rodzimych komisji etycznych, aby proces uzyskiwania ich aprobaty był bardziej demokratyczny i otwarty na zróżnicowane potrzeby tak badaczy, jak i osób uczestniczących w badaniach. (shrink)

The paper discusses the problem of translating selected Civil Procedure terminology from Greek into Polish and from Polish into Greek. The research material includes corpora of normative acts and more precisely those, which regulate Civil Procedure of Poland, Greece and the Republic of Cyprus. The research methodology is based on the concept of parameterisation, according to which the legal linguistic reality becomes axiomatic. Then the set of relevant dimensions and parameters is extracted. The set of parameters are a tool where (...) certain information is given: yes/no/none and thus a clear result of comparison between legal system bond terminology can be drawn up. The results of this comparative analysis provide highly regulated and available translation equivalents, which are essential when legal translation is performed within the frame of legal reality. Selected examples of use of these equivalents are given when discussing the results. (shrink)

The theory of speech acts, formulated by Austin and developed by Searle, is widely applied to analyse and classify various speech acts. In this paper it is assumed that legal texts, especially normative acts i.e. constitutions and statutes, are direct speech acts. Normative acts are linguistic entities and they do not exist outside the language, thus the theory of speech acts may be applied to examine them. They are also considered to be performative utterances according to Austin’s classification. In this (...) paper the intention is to compare Cypriot, Greek and Polish normative acts on the basis of the so-called classical theory of speech acts and typology of performativity exponents. The author will compare various methods of expressing performativity in reference to the meaning conveyed by them. Furthermore, other exponents of performativity occurring in the analysed texts shall also be compared. The results obtained while performing the analysis and comparison may be significant for scholars, lawyers and translators. (shrink)

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will (...) be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller ). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”. (shrink)

In the teaching of John Paul II’s the need of solidarity globalization is particularly stressed out as well as that of humanization of globalization processes. With the aim of doing it, one should be guided by unchanging social values: the truth, freedom, justice, solidarity, subsidiarity, love. The globalization has two faces: ▪ the benefits which it brings to the world, individual countries and its main beneficiaries, that is international corporations. ▪ negative effects which the developing countries and all people of (...) the world experience (climatic changes, emission of harmful substances, drug addiction, moral nihilism, gradual decrease of human importance). It happens that complex processes caused by economical globalization make their way towards changing a human being into an element of a market, a bartered good or a factor devoid of meaning for decisive choices. As a consequence, a person may feel annihilated by impersonal mechanisms on a world’s scale and may gradually lose his own identity and personal dignity. Key words. (shrink)

Budynki o czytelnej strukturze modularnej (w aspekcie kompozycji i konstrukcji) powinny charakteryzować się także klarownością układu funkcjonalnego, co wydaje się szczególnie istotne dla budynków użyteczności publicznej. Rola światła w prawidłowym czytaniu funkcji takich obiektów (także poprzez zastosowane archetypy – symbole w sekwencjach przestrzeni wewnętrznych) przez użytkownika, w połączeniu z oddziaływaniem mniej lub bardziej pożądanych efektów akustycznych, w budowlach zabytkowych i współczesnych realizacjach z wykorzystaniem klasycznych i nowych środków wyrazu to zasadniczy temat niniejszego artykułu rozeznany i opisany na podstawie autopsji oraz (...) dostępnej literatury. (shrink)

O COMPARECIMENTO ELEITORAL FACULTATIVO E O RETROCESSO DEMOCRÁTICO.

This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the (...) question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making. (shrink)

In his critic of the doctrine of Bardaisan, Ephrem the Syrian devotes a lot of space to reflection on the meaning of the terms ītutā and ītyā which, as he denounces, are used inaccurately by his opponent. These Syriac terms can be translated by “being” or “essence”, but also by “substance”. This observation leads us to propose the comparison with the Greek term οὐσία, taking into account many difficulties raised by its uses in theological discourse. The article is devoted to (...) the analysis of the uses of the terms ītutā and ītyā ‑ by Ephrem and by Bardaisan ‑ in their different ways of describing the divine essence. This comparison reveals the peculiarities of the two systems of thought and also their connections with the Greek philosophical doctrines. (shrink)

The article presents partial results of nationwide research devoted to teaching ethics. It discusses the place of ethics in the Polish education system and the development trends visible since its introduction (1991). When it comes to legislature, acts and ordinances of the Minister of National Education were analyzed. Next to legal acts also judgments of the Constitutional Tribunal, regulating the principles of teaching and assessing the subject of ethics, were discussed. An important aspect of these regulations, due to their practical (...) consequences, is the positioning of ethics as an alternative to the religious education. Statistical data were also analyzed, allowing for a nationwide assessment of the development of interest in the ethics as a subject of school teaching – an increase in the number of schools in which the subject of ethics is taught (depending on the stage of education and the type of school), as well as an increase in the number of full-time equivalent for ethics teachers. The last-mentioned increase, although significant since 2014, is nevertheless small in absolute numbers; ethics still remains a niche subject. Over the years, one can observe an improvement in its status and an increase in social demand. However, the current definition of ethics as an optional subject means that the level of participation still remains low. (shrink)

The expression “Gnostic Empedocles” refers to the summary of the teachings of this philosopher presented by Hippolytus of Rome in the Refutation of All Heresies. Above all, it concerns the notice devoted to Marcion and his disciples, who were accused of following the poems of Empedocles rather than the Gospel. However, Hippolytus is inspired by the readings of Empedocles provided by different groups of Gnostics. This interpretatio gnostica was also known in Christian circles. The analysis of this interpretation, based on (...) the notice about Marcion, allows us to propose a new interpretation of Bardaisan’s thought — mentioned by Hippolytus — as an unknown testimony of the reception of Empedocles. (shrink)

La référence au mythe de Kronos dans l’œuvre de Plotin occupe une place qui n’est pas facile à définir. Ce mythe est peu abordé dans le cadre des travaux sur la métaphysique plotinienne, bien que Kronos - l’Intellect dans ses rapports à l’Un et à l’Âme représente un des points particulièrement sensibles de la doctrine de Plotin. Ce motif est, en revanche, étudié en tant que l’exemple de l’exégèse d’un mythe : consternant, car il n’y a rien de plus éloigné (...) de la version hésiodique des théogonies. L’analyse des quatre fragments relatifs au mythe de Kronos, permet de constater la référence à Platon comme premier objectif de l’exégèse plotinienne. Plotin réalise un étrange « morcellement » du mythe, dont il sépare les personnages et les épisodes pour ensuite les intégrer dans l’architecture de ses discours. Cette attitude a pour résultat des interprétations très audacieuses et parfaitement insérées dans la noétique plotinienne et dans la culture philosophique de son époque. (shrink)

L’article propose d’examiner un cas particulier du rapport entre la métaphysique médio-platonicienne et la doctrine chrétienne de la moitié du ii e siècle, en mettant en rapport trois auteurs appartenant à la même génération : Atticus, Justin et Valentin. Atticus est auteur d’une interprétation singulière du Timée 39e7-9, selon laquelle le Modèle intelligible, dont le Démiurge use pour former le monde, est situé en dehors et au-dessous du Démiurge. Cette disposition, critiquée et abandonnée par les néoplatoniciens, semble cependant connaître un (...) certain succès chez les chrétiens, cherchant à décrire le rapport entre le Dieu Créateur et son Logos-Fils. En ajoutant abondamment des expressions bibliques au vocabulaire platonicien, Justin et Valentin – chacun à sa façon – montrent que l’inspiration platonicienne dans la théologie chrétienne peut se faire de manière très subtile et très variée. (shrink)

Polygynous families had been living legally in Russia in the areas inhabited by Muslims from the October Revolution to the mid-twentieth century. However, such a family model was not common among the followers of Islam. An act penalizing bigamy or polygamy was introduced into the Penal Code in 1960. During perestroika, and later changes in the political system, imams who came from abroad began to visit areas inhabited by Muslims. They contributed to the rebirth of religion and promoted the idea (...) of polygamy. Polygyny is the visible sign of dissimilarity and Muslim identity and was an important point in their teaching. In this context the number of polygynous relationships in Russia has increased significantly. The article is dedicated to the analysis of social and political discourse in Russia that has been taking place for several years. (shrink)

The aim of the article is to present ways in which gestures combine with the verbal layer of an utterance, thus reflecting embodied thinking and the rooting of abstract concepts in human bodily experience. The article discusses two different ways in which gestures, described in the literature as metaphoric, illustrate both linguistically expressed metaphors and abstract concepts that are not verbally expressed as metaphors. The data analyzed in this paper have been taken from speeches of politicians and other public figures.

Motives of espionage against ones own country in the light of idiographic studies The money is perceived as the common denominator among people who have spied against their own country. This assumption is common sense and appears to be self-evident truth. But do we have any hard evidences to prove the validity of such a statement? What method could be applied to determine it? This article is a review of the motives behind one's resorting to spying activity which is a (...) complex and multifarious process. I decided to present only the phenomenon of spying for another country. The studies on the motives behind taking up spying activity are idiographic in character. One of the basic methodological problems to be faced by the researchers of this problem is an inaccessibility of a control group. (shrink)

The structure of everyday communication reflects metaphorical thinking. People speak about the presence or absence of problems in terms of weather. Problems appear in every¬day life and so does the weather topic. Bad weather often evokes sadness, therefore it can be to said to constitute a problem; similarly, good weather is often equated with cheerful mood. Thus, in view of the above analysis, weather can be seen as an im¬portant experiential basis for conceptual metaphors.

Nature is frequently operationalized as greenery or water to estimate the restorativeness of the environment. Pursuing a deeper understanding of the connection between representation of naturalness and its relationship with restoration, we conducted an experiment aimed to investigate if the sky is perceived as an element of nature. The main goal of this study was to understand how the composition of the environment guides people’s selection of sky as nature in an explicit task. Moreover, we investigated how the amount of (...) visible sky determines this relationship. One hundred five participants participated in a novel explicit judgment task conducted online. In this task, we prepared a set of images trimmed out of 360-degree high dynamic range images. The images were classified according to two primary independent variables representing type of environment and horizon level. Each participant was asked to select, by clicking on the image, what they consider as “nature.” In addition, they were asked to judge images on five visual analogue scales: emotional response, aesthetic preference, feeling of familiarity, the openness of the space and naturalness. For analysis, images were segmented into 11 semantic categories with each pixel being assigned one semantic label. Our results show that, sky is associated with selections of nature in a specific pattern. The relationship is dependent on the particular set of conditions that are present in the environment rather than the type of the environment. The availability of sky on the image affects the selection of other nature labels with selections more likely when only a small amount of sky was available. Furthermore, we found that the amount of sky had a significant positive association with the naturalness rating of the whole image, but the effect was small. Our results also indicate that subjective selections of sky predict the naturalness better than trees and water. On the other hand, objective presence of trees and water has a stronger positive association with naturalness while objective presence of sky is positively associated with naturalness. The results show that, relative to its availability sky is considered as nature. (shrink)

Bullying has damaging short-term and long-term consequences. Research suggests that perpetrators have low empathy and high moral disengagement, but relations between these variables are unclear and are rarely integrated in a single study. Thus, the objective of this study was to discover if empathy and moral disengagement mechanisms were related to bullying perpetration. This study was conducted with 904 Polish adolescents enrolled in 6 rural and urban upper secondary schools. High affective empathy predicted lower bullying perpetration. Moral-disengagement mechanisms such as (...) moral justification, euphemistic language, advanced comparison, and distorting consequences were uniquely related to increased bullying perpetration. Low affective empathy was also uniquely related to increased perpetration. These findings have important implication for school policy and practice. (shrink)

In the present paper, I argue against the claim that ex aequo and bono adjudication cannot be epistemically objective. I start with a survey of legal rules allowing the parties to resort to ex aequo et bono adjudication. Next, I argue that decisions taken on ex aequo et bono basis are not subjective for three main reasons. First, they are analogous to decision making in hard cases. Second, theories of practical reasoning and hybrid expressivism provide a precise theoretical account of (...) the mechanisms at stake. Third, the context of adjudication provides substantial constraints on judicial tasks. (shrink)

Legal and moral luck goes against the basic principle of criminal law that responsibility ascriptions are based on the mental state of the perpetrator, rather than merely the outcome of her action. If outcome should not play a decisive role in responsibility ascriptions, the attempt versus perpetration distinction becomes more difficult to justify. One potential justification is that we never know whether the attempter would not have resigned from pursuing her criminal intent even at the last moment. However, this paper (...) argues that resigning from criminal intent and trying to stop the criminal outcome, which is called the renunciation defense, can be just as subject to outcome luck as the attempt versus perpetration distinction. And yet the availability of the renunciation defense in court is outcome dependent. I show with a series of experiments (N = 479) that outcome dependence for the renunciation defense is perceived as unjust and discuss the implications for the renunciation defense as well as attempt versus perpetration distinction. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 191-222, June 2022.

What can be learnt from Paul B. Preciado’s ecological framing of trans* and migrant world-making in An Apartment on Uranus? How might trans* and migrant solidarities affirm life in the context of capitogenic climate catastrophe and what Françoise Vergès has named the ‘racial capitalocene’? Through these guiding questions, I connect recent calls to ‘decolonize trans* imaginaries’ with translocal hispanophone knowledges that reaffirm the plurality of gender/sexuality in las Amé ricas before the conquest by braiding together strands of Preciado’s writing with (...) Latin American decolonial transfeminists such as María Lugones and Gloria Anzaldúa, among others. Reviewing recent debates on how ‘border imperialism’ unevenly shapes and restricts trans* and migrant mobility, I address criticisms of Preciado’s analogies between trans* and migrant experiences, by considering how his writings on these themes offer an intersectional reflection on the multiple cracks of the nation-state, the fictions of race and regimes of binary gender to reveal the cracks of capitalism. (shrink)

The education is, no doubt, a fundamental question in Plato’s thought. The Republic, considerate by many people as his masterpiece, takes care of this aspect, not without directing it through a political obliquity. In the greek society that honoured, above all, the formation of free citizens, education and politics were necessarily together. Nevertheless, we want to punctuate how, to Plato, both of them are subordinate to the ontological question.