Legal institutions are created at a certain point in time, intended to be applied to ‘life’ as it is perceived at the specific moment when they are elaborated and cast into legal form. As a result, legal institutions always already refer, in their original design, to a certain normality, but between the moment of creation of a legal institution and its application to future situations there is always a certain time lag. Some legal institutions—referred to in the paper as “legal (...) survivals” –outlive the epoch in which they were created and continue their legal life long after the conditions which lead to their creation had, in the meantime, disappeared. The aim of this paper is to put forward an archaeologico–genealogical perspective on legal survivals not only as a method of studying continuity of law and the resilience of juridical form, but also as a line of enquiry capable of enriching our understanding of the juridical in its relation to the changing circumstances of life. The study of legal survivals allows to combine three aspects of legal continuity: firstly, the continued use of the same legal forms in different circumstances and for different purposes, whereby the same juridical form is filled with different socio-economic substance; secondly, the gradual adaptation of legal forms to new circumstances; thirdly, the emergence of new legal forms in close reference to old ones. The study of legal survivals allows to address the foundations of law’s claims to authority, based on stability and predictability of juridical forms. It also reveals the complex and multilayered nature of legal form which effectively has the structure of a palimpsest. (shrink)

Legal probabilism is the view that juridical fact-finding should be modeled using Bayesian methods. One of the alternatives to it is the narration view, according to which instead we should conceptualize the process in terms of competing narrations of what happened. The goal of this paper is to develop a reconciliatory account, on which the narration view is construed from the Bayesian perspective within the framework of formal Bayesian epistemology.

The purpose of this paper is to compare the notion of a Grzegorczyk point introduced in [19] (and thoroughly investigated in [3, 14, 16, 18]) to the standard notions of a filter in Boolean algebras and round filter in Boolean contact algebras. In particular, we compare Grzegorczyk points to filters and ultrafilters of atomic and atomless algebras. We also prove how a certain extra axiom influences topological spaces for Grzegorczyk contact algebras. Last but not least, we do not refrain from (...) a philosophical interpretation of the results from the paper. (shrink)

David Lewis has formulated a well-known challenge to his Best System account of lawhood: the content of any system whatever can be formulated very simply if one allows for perverse choices of primitive vocabulary. We show that the challenge is not that dangerous, and that to account for it one need not invoke natural properties or relativized versions of the Best System account. This way, we help to move towards an even better Best System account. We discuss extensions of our (...) strategy to the discussions about the indexicality of the notion of laws of nature, and to another trivialization argument. (shrink)

This paper offers a critical reconstruction of the motivations that led to the development of mereology as we know it today, along with a brief description of some problems that define current research in the field.

This article is devoted to the problem of ontological foundations of three-dimensional Euclidean geometry. Starting from Bertrand Russell’s intuitions concerning the sensual world we try to show that it is possible to build a foundation for pure geometry by means of the so called regions of space. It is not our intention to present mathematically developed theory, but rather demonstrate basic assumptions, tools and techniques that are used in construction of systems of point-free geometry and topology by means of mereology (...) and Whitehead-like connection structures. We list and briefly analyze axioms for mereological structures, as well as those for connection structures. We argue that mereology is a good tool to model so called spatial relations. We also try to justify our choice of axioms for connection relation. Finally, we briefly discuss two theories: Grzegorczyk’s point-free topology and Tarski’s geometry of solids. (shrink)

This article proposes a mereological approach to the dao-you relation in the Daodejing. It is claimed here that dao and you can be conceived of as two integrated subregions, defined in terms of rules of composition and their persistence through time. It is shown that dao is an atemporal object (a fourdimensional unrestricted composition), whereas you is a temporal object (a three-dimensional restricted composition). This particular approach can provide a new understanding of essential issues in Daoist metaphysics.

Mereology in its formal guise is usually couched in a language whose signature contains only one primitive binary predicate symbol representing the part of relation, either the proper or improper one. In this paper, we put forward an approach to mereology that uses mereological sum as its primitive notion, and we demonstrate that it is definitionally equivalent to the standard parthood-based theory of mereological structures.

In this article, I discuss parthood status in mereologi- cally interpreted Daoist metaphysics, based on the Daodejing. I depart from the dao and you interrela- tion, which mereologically overlap by sharing parts. I consider the case of a complete overlap, which (a) challenges proper parthood, according to which a part cannot be identical with the whole that it com- poses, and (b) entails the question of identity that, while complying with classical mereology, cannot be consis- tent with Daoist metaphysics. The (...) discussion leads to abandoning proper parthood and antisymmetry axiom from classical axiomatics. It also shows a plausible fur- ther direction for mereological reconstruction. (shrink)

This is the first, out of two papers, devoted to Andrzej Grzegorczyk’s point-free system of topology from Grzegorczyk :228–235, 1960. https://doi.org/10.1007/BF00485101). His system was one of the very first fully fledged axiomatizations of topology based on the notions of region, parthood and separation. Its peculiar and interesting feature is the definition of point, whose intention is to grasp our geometrical intuitions of points as systems of shrinking regions of space. In this part we analyze separation structures and Grzegorczyk structures, and (...) establish their properties which will be useful in the sequel. We prove that in the class of Urysohn spaces with countable chain condition, to every topologically interpreted representative of a point in the sense of Grzegorczyk’s corresponds exactly one point of a space. We also demonstrate that Tychonoff first-countable spaces give rise to complete Grzegorczyk structures. The results established below will be used in the second part devoted to points and topological spaces. (shrink)

This article investigates the structures of an identifiably Buddhist philosophy of religion, understood as the philosophical exposition and exploration of Buddhist religiosity. I thus theorize what forms a philosophy of religion structured according to Buddhist principles and paradigms might take, address various theoretical and methodological considerations, and survey a range of candidate schemas, which latter are arranged under textual, sectarian, and doctrinal rubrics. Overall, this project is undertaken on the understanding that the study of Buddhism, among other global traditions, need (...) not and should not replicate conceptual structures imposed upon it from without, and that philosophy of religion is enriched by attention to the resolutely plural philosophies of religions worldwide. (shrink)

This is a spin-off paper to [3, 4] in which we carried out an extensive analysis of Andrzej Grzegorczyk’s point-free topology from [5]. In [1] Loredana Biacino and Giangiacomo Gerla presented an axiomatization which was inspired by the Grzegorczyk’s system, and which is its variation. Our aim is to compare the two approaches and show that they are slightly different. Except for pointing to dissimilarities, we also demonstrate that the theories coincide in presence of axiom stipulating non-existence of atoms.

This is the first book on the role of cognition in the aesthetic theory of Li Zehou (1930–2021), one of China's most important and influential contemporary philosophers. The cognitive dimension and its integration with practice is discussed by examining one of Li's pivotal concepts: "subjectality," a human subject shaped by the world in which they live, including beauty and aesthetic experience. Li's theory is also contextualized in the threefold inspiration coming from Confucian, Kantian, and Marxist philosophies, which differently conceptualize the (...) aesthetic and cognitive dimensions in humans. By referring to different aesthetic theories and interdisciplinary approaches to cognition, the book aims to show how Li's cognitively oriented project can contribute to contemporary research into aesthetics. Although primarily written for philosophers working in aesthetics, Chinese, and comparative philosophy, the book is also addressed to anyone interested in contemporary Chinese thought. (shrink)

The question about reality of the difference between existence and essence in creatures was one of the main problems of medieval metaphysics. The above text is an attempt to reconstruct two answers to this question: by Thomas Aquinas and Giles of Rome. Thomas Aquinas is a person most often associated with the problem of real difference. It seems, however, that the doctrine of Giles of Rome was also very important for the development of the problem. For example, Giles was the (...) first to call the difference between existence and essence the "real difference". The doctrines of the two authors concerning real difference were often believed to be identical. However, beside some similarities, we can also find important differences between them. Aquinas appears to teach about real composition of existence and essence, while Giles writes about the real difference between the two, and he is so radical as to say that existence and essence are two different "things". In Giles' doctrine, we can also find clear Neo-Platonic influences. Giles puts special stress on accidental character of existence. This way he returns to Avicennian essentialism, discarded by St. Thomas. (shrink)

The author of the article reconstructs the aesthetic motives in Arnold Gehlen’s project of philosophical anthropology. The first part of the essay presents the process of emerging of artistic creativity from ritual-presenting actions. In the second part author elaborates the conception of abstract art, which Gehlen treats as a specific laboratory in which artists explore the possibilities of deep, previously undiscovered layers of human perception.

W artykule podjęto problem związków zachodzących między retoryką a współczesną antropologią filozoficzną. Głównym punktem odniesienia jest dzieło Hansa Blumenberga. Rekonstrukcja założeń antropologicznych odwołujących się wprost do tradycji retorycznej zostanie uzupełniona analizą jego programu metaforologii – dyscypliny badającej logikę poznania przedpojęciowego. Koncept człowieka jako istoty nacechowanej brakiem – zarówno biologicznymi deficytami, jak i przypadkowością egzystencji, prowadzi do interesującej zmiany paradygmatu rozumienia samej antropologii. Skoro homo defectus zdany jest na prowizoryczność wiedzy o świecie i o sobie samym, antropologia powinna zrezygnować z perfekcjonistycznych (...) roszczeń poznawczych i zwrócić się ku badaniu metaforycznych zasobów języka, które determinują zarówno dyskurs filozoficzny, jak i potoczny język. (shrink)

Two fundamental features of a liberal political community are usually identified in contemporary deliberations: there is an inevitable pluralism of visions of good and worthy life, blended into a wide range of religious, philosophical and ethical positions; those who are in power are under an obligation to set public matters in such a way as to avoid discrimination of any class of the ruled. In respect of and, it is presumed that the process of enacting, implementing and executing public law (...) shall be separated from any perfectionist moral position, because being impartial when making political decisions is a prerequisite for non-discriminatory politics. This kind of politics looks for proper, convincing and comprehensible reasons to establish a new legal standard of behaviour in the ‘public reason’ – a set of moral statements and political values commonly shared in an open, pluralistic and tolerant society, which does not provide decisive answers to any questions about the meaning of life and does not bring us closer to discover its ideal. This article tries to reproduce the main notions and ideas of leading, contemporary liberal philosophers – John Rawls and Charles Larmore – that deal with the very nature of impartiality of a liberal state and the ability of policymakers to be impartial. It also presents the critical views of Stephen Macedo and Nicholas Wolterstorff, who question the possibility of building a neutral state. (shrink)

The first installment of a paper comparing the standard slingshot argument with the doxastic version.

It is a commonplace remark that the identity relation, even though not expressible in a first-order language without identity with classical set-theoretic semantics, can be defined in a language without identity, as soon as we admit second-order, set-theoretically interpreted quantifiers binding predicate variables that range over all subsets of the domain. However, there are fairly simple and intuitive higher-order languages with set-theoretic semantics in which the identity relation is not definable. The point is that the definability of identity in higher-order (...) languages not only depends on what variables range over, but also is sensitive to how predication is construed. This paper is a follow-up to , where it has been proven that no actual axiomatization of Leśniewski’s Ontology determines the standard semantics for the epsilon connective. (shrink)

Nagarjuna (c. 150-250), founder of the Madhyamaka or Middle Way school of Buddhist philosophy and the most influential of all Buddhist thinkers aside from the Buddha himself, concludes his masterpiece, Fundamental Verses on the Middle Way, with these baffling verses: -/- For the abandonment of all views He taught the true teaching By means of compassion I salute him, Gautama -/- But how could anyone possibly abandon all views? In Buddhism between Religion and Philosophy, Rafal K. Stepien shows not only (...) how Nagarjuna's radical teaching of no-view or “abelief” makes sense within his Buddhist philosophy, but also how it stands at the summit of his religious mission to care for all living beings. Rather than treating any one aspect of Nagarjuna's ideas in isolation, here his metaphysics, epistemology, and ethics emerge as a single coherent and convincing philosophical-religious system of thought and practice. -/- Grounded in meticulous study of original texts from classical India and China but innovating on the theories and methods underpinning contemporary scholarship East and West, this study shows how profoundly important voices from the diverse religious and philosophical traditions of the world have until now been diminished, distorted, and silenced. In opening up truly global horizons of existing and co-existing in the world, this work challenges the very ways in which we think about religion and philosophy. (shrink)

In the second installment to Gruszczyński and Pietruszczak we carry out an analysis of spaces of points of Grzegorczyk structures. At the outset we introduce notions of a concentric and \-concentric topological space and we recollect some facts proven in the first part which are important for the sequel. Theorem 2.9 is a strengthening of Theorem 5.13, as we obtain stronger conclusion weakening Tychonoff separation axiom to mere regularity. This leads to a stronger version of Theorem 6.10. Further, we show (...) that Grzegorczyk points are maximal contracting filters in the sense of De Vries, but the converse inclusion is not necessarily true. We also compare the notions of a Grzegorczyk point and an ultrafilter, and establish several properties of topological spaces based on Grzegorczyk structures. The main results of the paper are representation and completion theorems for G-structures. We prove both set-theoretical and topological representation theorems for various classes of G-structures. We also present topological object duality theorem for the class of complete G-structures and the class of concentric spaces, both restricted to structures which satisfy countable chain condition. We conclude the paper with proving equivalence of the original Grzegorczyk axiom with the one accepted by us as axiom. (shrink)

With material on his early philosophical views, his contributions to set theory and his work on nominalism and higher-order quantification, this book offers a uniquely expansive critical commentary on one of analytical philosophy’s great ...

The systems of patent rights in force in Europe today, both at the level of national law and on the regional level, contain general clauses prohibiting the patenting of inventions whose publication and exploitation would be contrary to “ordre public” or morality. Recent years have brought frequent discussion about limiting the possibility of patent protection for biotechnological inventions for ethical reasons. This is undoubtedly a result of the dynamic development in this field in the last several years. Human genome sequencing, (...) the first successful cloning of mammals, and the progress in human stem cell research present humanity with many new questions of an ethical nature. Directive 98/44 of the European Parliament and of the Council of July 6, 1998, on the Legal Protection of Biotechnological Inventions created a new basis for patent protection in this field of technology. Based on the European experience to now, however, it must be said that patent law is not the right place to legislate the consequences of the morality of an invention. (shrink)

As it is indicated in the title, this paper is devoted to the problem of defining mereological (collective) sets. Starting from basic properties of sets in mathematics and differences between them and so called conglomerates in Section 1, we go on to explicate informally in Section 2 what it means to join many objects into a single entity from point of view of mereology, the theory of part of (parthood) relation. In Section 3 we present and motivate basic axioms for (...) part of relation and we point to their most fundamental consequences. Next three sections are devoted to formal explication of the notion of mereological set (collective set) in terms of sums, fusions and aggregates. We do not give proofs of all theorems. Some of them are complicated and their presentation would divert the reader’s attention from the main topic of the paper. In such cases we indicate where the proofs can be found and analyzed by those who are interested. (shrink)

The main focus of this paper is to develop an adaptive formal apparatus capable of capturing (certain types of) reasoning conducted within the framework of the so-called dynamic conceptual frames. I first explain one of the most recent theories of concepts developed by cognitivists, in which a crucial part is played by the notion of a dynamic frame. Next, I describe how a dynamic frame may be captured by a finite set of first-order formulas and how a formalized adaptive framework (...) for reasoning within a dynamic frame can be developed. (shrink)

A family $$\mathcal {I}$$ I of subsets of a set X is an ideal on X if it is closed under taking subsets and finite unions of its elements. An ideal $$\mathcal {I}$$ I on X is below an ideal $$\mathcal {J}$$ J on Y in the Katětov order if there is a function $$f{: }Y\rightarrow X$$ f : Y → X such that $$f^{-1}[A]\in \mathcal {J}$$ f - 1 [ A ] ∈ J for every $$A\in \mathcal {I}$$ A (...) ∈ I. We show that the Hindman ideal, the Ramsey ideal and the summable ideal are pairwise incomparable in the Katětov order, where The Ramsey ideal consists of those sets of pairs of natural numbers which do not contain a set of all pairs of any infinite set (equivalently do not contain, in a sense, any infinite complete subgraph), The Hindman ideal consists of those sets of natural numbers which do not contain any infinite set together with all finite sums of its members (equivalently do not contain IP-sets that are considered in Ergodic Ramsey theory), The summable ideal consists of those sets of natural numbers such that the series of the reciprocals of its members is convergent. (shrink)

Safety and care for the natural environment are two of the most important values that drive scientific enterprise in twentieth century. Researchers and innovators often develop new technologies aimed at pollution reduction, and therefore satisfy the strive for fulfilment of these values. This work is often incentivized by policy makers. According to EU directive 2006/40/EC on mobile air conditioning since 2013 all newly approved vehicles have to be filled with refrigerant with low global warming potential. Extensive and expensive research financed (...) by leading car manufacturers led to invention of R-1234yf refrigerant with GWP < 1, which was huge improvement. For the proper understanding of this case it will be useful to refer it to the idea of responsible innovation, which is now being developed and quickly attracts attention. I proceed in the following order. Firstly, I present the relevant properties of R-1234yf and discuss the controversy associated with its marketing. Secondly, I examine framework for responsible innovation. In greater detail I discuss the notions of care for future generations and collective responsibility. Thirdly, I apply the offered framework to the case study at hand. Finally, I draw some conclusions which go in two directions: one is to make some suggestions for improving the framework of RI, and the second is to identify missed opportunities for developing truly responsible refrigerant. (shrink)

Abstract:This article is concerned with the role of Buddhist philosophy, and more broadly of non-Western philosophies, within the discipline of philosophy as this is professed and practiced today. I begin by deliberately engaging in a game of definitions to demonstrate that, whichever of the definitions standardly employed to deny non-Western philosophy the prestigious moniker, Buddhism nevertheless wins: it does count as philosophy. Having made that point, however, I go on to effectively undermine it by pointing out that anyone can win (...) the game if they get to make up the rules. Given that the score is arbitrary, then, I show up the game itself as absurd. On this basis, I ultimately cry foul at the perpetuation of a game still so plainly played on fields far from level, and therefore argue against excusing philosophers engaged in it of the charge of racism. (shrink)

Richard Swinburne (Swinburne and Shoemaker 1984; Swinburne 1986) argues that human beings currently alive have non{bodily immaterial parts called souls. In his main argument in support of this conclusion (modal argument), roughly speaking, from the assumption that it is logically possible that a human being survives the destruction of their body and a few additional premises, he infers the actual existence of souls. After a brief presentation of the argument we describe the main known objection to it, called the substitution (...) objection (SO for short), which is raised by Alston and Smythe (1994), Zimmerman (1991) and Stump and Kretzmann (1996). We then explain Swinburne's response to it (1996). This constitutes a background for the discussion that follows. First, we formalize Swinburne's argument in a quantified propositional modal language so that it is logically valid and contains no tacit assumptions, clearing up some notational issues as we go. Having done that, we explain why we find Swinburne's response unsatisfactory. Next, we indicate that even though SO is quite compelling (albeit for a slightly different reason than the one given previously in the literature), a weakening of one of the premises yields a valid argument for the same conclusion and yet immune to SO. Even this version of the argument, we argue, is epistemically circular. (shrink)

In 2021, there was a significant amendment to the legislation on medical experimentation. In particular, Chapter 4 of the Law of December 5, 1996 on the Profession of Physician and Dentist (Journal of Laws 2023, item 1516) was amended, in which the prerequisites of legally relevant consent given by the participant in the experiment or by other entities that express a position on their behalf were specified. In addition, procedures related to the opinion of the research project by the so-called (...) bioethics committee were described. Its members were obliged to maintain confidentiality with regard to information obtained in connection with the fulfilled function. These norms became protected by criminal sanctions, set forth in the amended Article 58 of the law. New generic types of criminal acts were introduced, primarily aimed at protecting the participant's right to self-determination, the voluntariness of participation in the experiment, and the confidentiality of data submitted by the experimenters in their proposals to bioethics committees. These norms fill in the gaps that have existed so far in the criminal law protection of these values. The article systematically discusses the generic types of criminal acts that have been penalized in Article 58 (4) to (6) of the referenced law. Their object of protection, object side, subject, subject side, punishability and potential confluence with other regulations are presented. The historical-dogmatic justification for the introduction of these regulations is also shown. (shrink)

Transhumanism has enormous effect on temporary philosophical thought by forcing philosophers to take on many intellectual challenges. Not only philosophers deal with transhumanism but also scientists who try to create technological solutions that enable implementation of transhumanistic ideas. The question is whether all these ideas will be realized. The purpose of the article is to show that not all transhumanist aspirations can be put into practice. The first reason is that transhumanism limits human’s understanding to the material dimension. While this (...) is understandable in the naturalistic paradigm, this approach is insufficient when it comes to all complexity of human being and for this reason tanshumanism represents too narrow a human’s understanding to be able to implement its all assumptions. The second reason is that to enable people to become posthumans the latest technologies would have to be available to everyone and this seems impossible. If so, such a situation will divide people into ordinary people and posthumans and this could lead to conflicts that transhumanists want to avoid after all. Finally, the body-mind problem is essentially limited to emergentism, which corresponds to the naturalistic paradigm. It seems, however, that without the concept of the soul it is impossible to understand who a man is, his/her identity and consciousness and this is crucial for mind uploading. (shrink)

This paper aims to formalize Galileo’s argument against the Aristotelian view that the weight of free-falling bodies influences their speed. I obtain this via the application of concepts of parthood and of mereological sum, and via recognition of a principle which is not explicitly formulated by the Italian thinker but seems to be natural and helpful in understanding the logical mechanism behind Galileo’s train of thought. I also compare my reconstruction to one of those put forward by Atkinson and Peijnenburg (...) :115–136, 2004), and propose a formalization which is based on a principle introduced by them, which I shall call the speed is mediative principle. (shrink)

chapter aims at tracing the connections between global citizenship and global environmentalism at both, the theoretical and the practical level. At the theoretical level I define the notion of global citizenship referring to Nigel Dower's definition described in his book titled World Ethics - The New Agenda. Subsequently, I show that the idea of global citizenship is a part of global justice concept. At the first glance it seems to be a political concept, while it is primarily an ethical one. (...) Therefore, not only does global justice concern war and peace but also environmental responsibility. Taking this into consideration I trace the relation between global citizenship and environmental responsibility on three levels, individual, social and political, all three being part of CSR. (shrink)

The aim of this paper is to articulate dispositonal essentialism (DE) as a viable position in the discussions considering properties and laws of nature. In the first part of the article there are given several „must have” trades of properties in DE. They are followed by the conceptions themselves. The last part of the article brings a little insight about ceteris paribus laws in DE.

The results of the linguistic interpretation should be verified through systemic and purposive methods of interpretation. That process is especially desirable in the cases where the result of the linguistic interpretation is not unequivocal. Whereas, as practice demonstrates, the quality of tax law is not the best, it is impossible to overestimate the role of the non-linguistic method of interpretation. The object of this paper was to present the role which the linguistic interpretation may play in interpreting the tax law. (...) However it was also important to: place the purposive interpretation among the methods of tax law interpretation and to present static and dynamic elements in tax law interpretation. Within the frames of this paper one can find out about historical interpretation of tax law, economic method of tax law interpretation and purposive interpretation directives. The above considerations allow for posit a thesis according to which purposive interpretation is an indispensable element of the process of interpreting a legal text. Its role in the scope of norms of tax law is, however, peculiar, since it serves only to verify the results of linguistic interpretation. However, it can be indicated that the growth in importance of purposive interpretation is direct proportional to the fall in the quality of tax law regulations. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 141-159.