Critical review of "The Philosophy of Legal Change," edited by Maciej Chmieliński and Michał Rupniewski, the first volume on its subject matter, with some general remarks on the philosophical methodology of conceptualising legal change.

This paper begins by tracing interest in emergence in physics to the work of condensed matter physicist Philip Anderson. It provides a selective introduction to contemporary philosophical approaches to emergence. It surveys two exciting areas of current work that give good reason to re-evaluate our views about emergence in physics. One area focuses on physical systems wherein fundamental theories appear to break down. The other area is the quantum-to-classical transition, where some have claimed that a complete explanation of the behaviors (...) and features of the objects of classical physics entirely in quantum terms is now within our grasp. We suggest that the most useful way to approach the emergent/non-emergent distinction is in epistemic terms, and more specifically that the failure of reductive explanation is constitutive of emergence in physics. (shrink)

Consciousness can be measured in various ways, but different measures often yield different conclusions about the extent to which awareness relates to performance. Here, we compare five different subjective measures of awareness in the context of an artificial grammar learning task. Participants expressed their subjective awareness of rules using one of five different scales: confidence ratings , post-decision wagering , feeling of warmth , rule awareness , and continuous scale . All scales were equally sensitive to conscious knowledge. PDW, however, (...) was affected by risk aversion, and both RAS and SDS applied different minimal criteria for rule awareness. CR seems to capture the largest range of consciousness, but failed to indicate unconscious knowledge with the guessing criterion. We close by discussing the theoretical implications of scale sensitivity and propose that CR’s unique features enable a finer assessment of subjective states of awareness. (shrink)

Poprzednie Antologie dotyczyły I Rzeczypospolitej, okresu zaborów oraz myśli politycznej po 1989 r., obecna obejmuje okres dwudziestolecia międzywojennego. Naszą – redaktorów – intencją było zapewnienie czytelnikowi możliwości bezpośredniego obcowania ze źródłem. Każde omówienie zawiera bowiem – nawet niezamierzoną – interpretację. Niezależnie od tego współcześnie możemy dostrzec powrót do części idei powstałych w okresie międzywojennym. Dajemy więc odbiorcy możliwość odpowiedzi na pytanie, czy mamy do czynienia z epigonami, czy z twórczymi kontynuatorami dawnych koncepcji. Wśród tekstów reprezentatywnych znalazły się zatem także te (...) nieznane, a wartościowe, sięgnęliśmy do publicystyki mniej znanych reprezentantów oraz grup marginalnych jak anarchiści czy synarchiści. Zdecydowaliśmy się na przyjęcie układu według nurtów politycznych. Z kolei w obrębie każdego z nurtów zastosowano kryterium chronologiczne. Dzięki temu możliwe było zasygnalizowanie kierunków ewolucji opinii i trendów np. w odniesieniu do instytucji państwa. Zbiór nasz adresujemy do szerokiego grona odbiorców: studentów, pracowników nauki, a także wszystkich osób zainteresowanych ideami politycznymi. (shrink)

Some philosophers believe in improvement: they think that the world is a better place than it used to be, and that future generations will fare even better. Others see decline: they claim that the condition of humanity has deteriorated and will continue to do so. Much ink has also been spilt over what explains these historical patterns. These two disagreements about the shape of history concern largely descriptive issues. But there is also a third, purely normative question that has been (...) neglected: is it better if a history features a pattern of improvement rather than deterioration, holding other things equal? This paper develops an answer to this normative question and explores some of its implications for matters related to the future of humanity. (shrink)

In this essay, I examine the usage of the term “just-so story.” I attempt to show that just-so storytelling can be seen as an epistemic concept that, in various ways, tackles the epistemological an...

What moral reasons, if any, do we have to prevent the extinction of humanity? In “Unfinished Business,” Jonathan Knutzen argues that certain further developments in culture would make our history more ‘collectively meaningful,’ and that premature extinction would be bad because it would close off that possibility. Here, I critically examine this proposal. I argue that if collective meaningfulness is analogous to individual meaningfulness, then our meaning-based reasons to prevent the extinction of humanity are substantially different from the reasons discussed (...) by Knutzen. (shrink)

Epistemic consequentialism has been challenged on the grounds that it is overly demanding. According to the Epistemic Junk Problem, this view implies that we are often required to believe junk propositions such as ‘the Great Bear Lake is the largest lake entirely in Canada’ and long disjunctions of things we already believe. According to the Numerosity Problem, this view implies that we are frequently required to have an enormous number of beliefs. This paper puts forward a novel version of epistemic (...) consequentialism which avoids these twin demandingness problems. The key is to recognise, first, that the final epistemic value of a true belief depends at least in part on the duration for which it is retained by the agent and, second, that our cognitive makeup places important constraints on which beliefs are retained and for how long. (shrink)

Fazekas and Overgaard () present a novel, multidimensional model that explains different ways in which conscious representations can be degraded. Moreover, the authors discuss possible mechanisms that underlie different kinds of degradation, primarily those related to attentional processing. In this letter, we argue that the proposed mechanisms are not sufficient. We propose that attentional mechanisms work differently at various processing stages; and factors that are independent of attentional ones, such as expectation, previous experience, and context, should be accounted for if (...) we are aiming to construct a comprehensive model of conscious visual perception. (shrink)

The consciousness studies are unavoidably linked to the mind-body problem, as most of the researchers are trying to investigate how a physical system generates mental property. To get around this problem the researchers often seem to endorse physicalism and identity theory but it is not clear to what extent, if any, does the research practice or the evidence based theories of consciousness depend on such assumptions. Here, we provide a few examples of studies investigating the so-called Neural Correlates of Consciousness. (...) Based on these examples and the contents of the methodological papers addressing the problem of identifying the NCCs, we provide a novel, operational definition of the NCC. This allows us to shed some light on the meaning of various claims about the causal role of consciousness within the field of empirical studies. We also provide an inference rule for identifying the NCCs and the exhaustive list of the NCC confounders in the typical research paradigms. (shrink)

We study a logic whose formulae are interpreted as properties of a finite set over some universe. The language is propositional, with two unary operators inclusion and extension, both taking a finite set as argument. We present a basic Hilbert-style axiomatisation, and study its completeness. The main results are syntactic and semantic characterisations of complete extensions of the logic.

The paper deals with Martin Buber’s claim that responsibility “is the basic theme of my work in general.” As I show in the opening section of the article, his statement applies to the dialogical period of his work, but not the pre-dialogical. In the mystical phase of Buber’s thought there is no place for responsibility because the very nature of mysticism excludes that possibility. The incompatibility of mysticism and interpersonal responsibility is confirmed in the autobiographical fragment “conversion,” one of the (...) two biographical moments I discuss in relation to the shift in his thinking on responsibility. The second is his relationship with his wife Paula Winkler, which profoundly influenced his thinking about the importance of love and marriage for an understanding of responsibility. I then explore his view of responsibility as a doctrine, which developed along with his dialogical philosophy. Finally, I examine his critical views on four basic ways of avoiding responsibility, which highlight the close connection between freedom and responsibility: belief in fate, individualism, collectivism, and religious acosmism. (shrink)

We investigate how Dutch Book considerations can be conducted in the context of two classes of nonclassical probability spaces used in philosophy of physics. In particular we show that a recent proposal by B. Feintzeig to find so called “generalized probability spaces” which would not be susceptible to a Dutch Book and would not possess a classical extension is doomed to fail. Noting that the particular notion of a nonclassical probability space used by Feintzeig is not the most common employed (...) in philosophy of physics, and that his usage of the “classical” Dutch Book concept is not appropriate in “nonclassical” contexts, we then argue that if we switch to the more frequently used formalism and use the correct notion of a Dutch Book, then all probability spaces are not susceptible to a Dutch Book. We also settle a hypothesis regarding the existence of classical extensions of a class of generalized probability spaces. (shrink)

The problem of extended fusion and identification can be approached from a diachronic perspective. Based on our own research, as well as findings from the fields of social, political, and clinical psychology, we argue that the way contemporary emotional events shape local fusion is similar to the way in which historical experiences shape extended fusion. We propose a reciprocal process in which historical events shape contemporary identities, whereas contemporary identities shape interpretations of past traumas.

This article utilises feminist technoscience studies’ notions of bodily ‘materialisation’ and ‘ontological choreographies’, offering a cyborg feminist account of ‘bioavailability’ as embodied becomings, rather than a fixed ontological state of being. Drawn from 2 years’ ethnographic study in in vitro fertilisation clinics in Spain with migrant women who provided eggs to the cross-border in vitro fertilisation industry, this work explores how global understandings of race and inequalities, clinical practices and women’s own emotional and physical labours collectively produce bioavailability. Through examples (...) from observations and interviews in in vitro fertilisation clinics, we examined women’s embodied stories to understand the ways in which bioavailability becomes. The article demonstrates a novel way in which to think about ‘bioavailability’, a concept which has already been of enormous use to the social sciences since its introduction by Lawrence Cohen. We examine recent configurations of bodily extraction in the reproduction–migration nexus that help us rethink the concept of bioavailability. (shrink)

Individual eschatological images are rarely a research subject that applies in-depth interviews and qualitative methods of analysis. Due to the use of simple questionnaire measures, knowledge about possible variations in personal images of heaven or hell is very poor. Furthermore, data concerning any connection between personality and eschatological images is scarce. The research project presented in the article was an attempt to apply a narrative method and to combine qualitative and simple quantitative methods to describe the wide variety of individual (...) views of heaven, hell, and purgatory. The relationship between individual eschatological images, denominational culture, and the chosen dimension of personality—i.e., hope understood in Erik Erikson's terms as a relatively stable conviction that the world is meaningful, ordered and friendly towards people—was also explored. The research was conducted among religiously engaged Christians from two denominational groups: Catholics and Lutherans. (shrink)

In order to be exercised meaningfully, political freedom requires the capacity to actually identify available policy options. To ensure this, society ought to engage in deliberation as a discussion oriented towards mutual learning. In order to highlight this issue, I define deliberation in terms of the participants’ openness to preference change, i.e. the deliberative stance. In the context of the systemic approach to deliberative theory, I find several factors causing the atrophy of such a deliberative stance. I note that this (...) state can occur not only when debaters are representatives or are in the presence of an audience, but also when they face the prospect of a binding decision. It is the latter effect that is a serious challenge to the micro-deliberative strategy, one that strives towards decisional powers being granted to deliberative minipublics. Presenting my findings, I propose—as an alternative to the power-oriented ‘ladder of participation’—a distinction between traditional co-decision and deliberative consultation, the latter one being an environment that is more conducive to deliberative stance. This new typology highlights factors that lead to preference petrification and allows for the appreciation of the non-decisional character of micro-deliberation. All of it leads to the conclusion that, in order to preserve their deliberative character in the systemic context, deliberative minipublics should not always be required to have decision-making powers. (shrink)

The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order (...) to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept. (shrink)

It causes many difficulties for jurisprudence to define the notion of judicial activism. At the very beginning it had rather a journalistic character, but but over time it has become a serious charge against these judges who act on the basis of their vision of what the law ought to be like rather than what it actually is like. On the ground of the polish legal theory the echoes of the dispute about judicial activism are reflected in the discussions about (...) the nature of legal interpretation. Transposing the problem of activism into the problem of interpretation allows the use of analysis tools that were previously unavailable. One of these tools are concepts emerged on the neopragmatist philosophy of Stanley Fish. Fish tries to describe the nature of the interpretation in the context of reader-response criticism and the concept of interpretive communities. Application of Fish's philosophy in the field of legal theory provides constructive conclusions about the concepts of judicial activism and judicial law-making. (shrink)

In this paper, we present a new questionnaire for the assessment of self-control as an individual trait. We describe the process of construction of this assessment tool. We also report the results of relevant validation studies. The questionnaire has two independent versions, one based on self-reports and another one based on other-reports. The first version consists of five subscales, called Initiative and Persistence, Proactive Control, Switching and Flexibility, Inhibition and Adjournment, and Goal Maintenance. Seven samples of participants took part in (...) the validation study. The second version has not been split into subscales. Both versions obtained satisfactory indices of internal consistency, assessed with Cronbach’s alpha. The NAS-50 and NAS-40 scores were highly correlated with other measures of self-control, including Tangney, Baumeister, and Boone’s self-control scale. They also proved to be entirely independent of general intelligence. In conclusion, both versions can be regarded reliable and valid enough, and therefore suitable for the assessment of trait self-control for research purposes. (shrink)

The interaction between syntax and its semantics is one which has been well studied in categorical logic. The results of this particular study are employed to understand how the brain is able to create meanings. To emphasize the toy character of the proposed model, we prefer to speak of the homunculus brain rather than the brain per se. The homunculus brain consists of neurons, each of which is modeled by a category, and axons between neurons, which are modeled by functors (...) between the corresponding neuron-categories. Each neuron has its own program enabling its working, i.e. a theory of this neuron. In analogy to what is known from categorical logic, we postulate the existence of a pair of adjoint functors, called Lang and Syn, from a category, now called BRAIN, of categories, to a category, now called MIND, of theories. Our homunculus is a kind of “mathematical robot”, the neuronal architecture of which is not important. Its only aim is to provide us with the opportunity to study how such a simple brain-like structure could “create meanings” and perform abstraction operations out of its purely syntactic program. The pair of adjoint functors Lang and Syn model the mutual dependencies between the syntactical structure of a given theory of MIND and the internal logic of its semantics given by a category of BRAIN. In this way, a formal language and its meanings are interwoven with each other in a manner corresponding to the adjointness of the functors Lang and Syn. Higher cognitive functions of abstraction and realization of concepts are also modelled by a corresponding pair of adjoint functors. The categories BRAIN and MIND interact with each other with their entire structures and, at the same time, these very structures are shaped by this interaction. (shrink)

The purpose of the paper is to analyze the thesis that an agreement between representatives of two different cultures can and should be reached at a theoretical level. The author tries to verify the Theory of Communicative Action proposed by Jürgen Habermas in the light of philosophical reflections of American neopragmatist Stanley Fish. Habermas is one of the most important and widely read social theorists in the post-Second World War era. He is also one of the authors of the concept (...) of deliberative democracy, which holds that, for a democratic decision to be legitimate, it must be preceded by authentic deliberation – disinterested exchange of reasons – not merely the aggregation of preferences that occurs in voting. The foundation of deliberative democracy is, according to the German thinker, a communicative action based on communicative rationality. Stanley Fish, in turn, is one of the most eminent American philosophers of the twentieth and twenty-first centuries. The main area of his scientific activity is the theory of literature, law, and history. In the course of his reflections, Fish constructed the concept of an interpretive communities, which implies an original view on the nature of the process of cognition, status of human convictions or beliefs, nature of communication situation and capabilities of theory. The final conclusion stemming from the reflection on Fish’s philosophy explains why Habermas’ theory is not an adequate tool to reach an intercultural agreement. (shrink)

This article explores interpersonal functions of emotional mimicry under the absence versus the presence of visual contact between the interacting partners. We review relevant literature and stress that previous studies on the role of emotional mimicry were focused on imitative responses to facial displays. We also show that the rules explaining why people mimic facial expressions may be inapplicable when visual signals are unavailable (e.g., people attending an online meeting have their cameras off). Overall, our review suggests that emotional mimicry (...) functionally adapts to whether the perceiver and the expresser can see each other. We, therefore, argue that blocking visual contact between them may provide insight into emotional mimicry's social functions, thereby clarifying its role in fostering affiliation and emotional understanding. (shrink)

Research on intergroup emotions has largely focused on the experience of emotions and surprisingly little attention has been given to the expression of emotions. Drawing on the social-functional approach to emotions, we argue that in the context of intergroup conflicts, outgroup members’ expression of disappointment with one’s ingroup induces the complementary emotion of collective guilt and correspondingly a collective action protesting ingroup actions against the outgroup. In Study 1 conducted immediately after the 2014 Gaza war, Jewish-Israeli participants received information about (...) outgroup’s expression of emotions. As predicted, outgroup’s expression of disappointment increased collective guilt and willingness to participate in collective action, but only among those who saw the intergroup situation as illegitimate. Moreover, collective guilt mediated the relationship between disappointment expression and collective action, moderated, again, by legitimacy perception. In Study 2, we replicated these results in the context of racial tension between Black and White Americans in the US. We discuss the theoretical and applied implications of the findings. (shrink)

The purpose of this paper is to provide an analytical framework – derived from the Herbert L.A. Hart’s philosophy of law – for the study of the phenomenon of habit and custom from the perspective of normativity. Its starting point is the Hart’s concept of “internal aspect of rules” as a necessary criterion for the rule’s normative character. The internal aspect exists in two forms: the “recognition” based on specific rules, and “acceptance”. The concept of acceptance reveals a difference between (...) habit and custom, by capturing the normative character of the latter. The formation of the customs – by way of unprecedented punishment of a rule’s violation – reveals the ambiguity of the term “sanction” as referring to not only the external aspect, but also to internal aspect of rules. (shrink)

Discrete choice experiments (DCE) are often used to elicit preferences, for instance, in health preference research. However, DCEs only provide binary responses, whilst real-life choices are made with varying degrees of conviction. We aimed to verify whether eliciting self-reported convictions on a 0–100 scale adds meaningful information to the binary choice. Eighty three respondents stated their preferences for health states using DCE and the time trade-off method (TTO). In TTO, utility ranges were also elicited to account for preference imprecision. We (...) verified the properties of the conviction across three areas: (1) response to various choice task modifications (e.g. dominance, increase in complexity, distance from the status quo) and association with rationality violations (e.g. intransitivity); (2) association with test–retest results; (3) relation to the utility difference and imprecision estimated in TTO. Regarding (1), conviction increased in choice tasks with lower complexity, larger relative attractiveness, and lower distance to the status quo. Regarding (2), choices made with above-median conviction were sustained in 90% of the cases, compared to 68% for below-median conviction. Regarding (3), the conviction increases with utility difference and it decreases with utility imprecision; overconfidence seems to prevail: non-zero conviction is reported even for identical utilities. Self-reported conviction in DCE is associated in an intuitive way with the observed choices. It may, therefore, be useful in explaining or predicting behaviour or bridging the gap between the results of various elicitation tasks. (shrink)

The principle of total evidence says that all relevant information should be considered when making an inference about a hypothesis. In this article, we argue that the criminalist’s paradox from the literature on the methodology of forensic science constitutes a counterexample against the principle of total evidence. The paradox arises, for example, when a forensic scientist uses the results from other forensic procedures to inform their own analysis. In such cases, their results can become more reliable, but at the same (...) time also dependent on those other forensic results and therefore less useful for decisions in court cases. Consequently, such influences are generally avoided in forensic science. We argue that structurally similar problems plague also other scientific disciplines, anticipate an objection to the counterexample, and propose two new versions of the principle of total evidence that do not fall prey to the criminalist’s paradox. (shrink)

The author discusses two cities as interpreted by St. Augustine, the Doctor of the Church. While the first one, which Augustine personally experienced on the example of the fall of the Roman Empire, is temporal, the second is located in the nether world. However, we can experience the blessings of the latter here and now provided that we live according to the word of God, i.e. in a Christian manner. The author uses the example of Rome and its earthly glories (...) and refers to the history of the Hebrew kingdoms described in the Bible to outline various contexts of this dichotomy. He presents a critique of Roman polytheism, classified by Augustine as a false religion, and shows the profound political, social and historical significance of his teaching about the two cities. He concludes that St. Augustine’s teaching remains up-to-date in the present-day world. (shrink)

Recenzja książki: Bogdan Dembiński, _Stara Akademia Platona. W początkach epoki hellenistycznej _, Wydawnictwo Marek Derewiecki, Kęty 2018, s. 183.