Straipsnyje siekiama įvertinti pagalbos namuose paslaugas teikiančių darbuotojų darbo vietos kokybę Lietuvoje ir išryškinti veiksnius, kurie leistų šią kokybę pagerinti – tai ypač aktualu didėjant šių paslaugų poreikiui tiek visoje Europos Sąjungoje (toliau – ES), tiek Lietuvoje. Apžvelgiamos darbo vietos kokybės tendencijos globos sektoriuje ES šalyse, aptariama teorinė darbo vietos kokybės samprata bei jos pagrindu analizuojami 2016 m. Lietuvoje atliktos lankomosios priežiūros darbuotojų (LPD) anketinės apklausos rezultatai. Tyrimo rezultatai leidžia teigti, kad LPD darbo vietos kokybė nėra patraukli. Tai lemia nuolatinės (...) darbo vietos neturėjimas, emocinis darbo pobūdis, sukeliantis stresą, paplitęs fiziškai sunkus darbas, nepakankamas bendradarbiavimas tarp sveikatos ir socialinės pagalbos specialistų. Be to, pagalbos namuose paslaugų sektoriuje dominuoja netipinės užimtumo formos ir menkas darbo užmokestis, nepasinaudojama šio sektoriaus galimybėmis lanksčiai organizuoti darbą ir darbo laiką, nors tai prisidėtų prie darbo vietų kokybės gerinimo. Tyrimo išvados leidžia teigti – jeigu organizuojant paslaugas nebus kreipiamas dėmesys į darbo ypatumus šiame sektoriuje, užimtumo kokybės gerinimo veiksnius, ateityje susidursime su darbo jėgos senėjimo socialinių paslaugų sektoriuje problema ir darbuotojų šiame sektoriuje trūkumu. (shrink)

The article deals with the problems related to the remuneration for the work of public sector employees in Lithuania resulting from different legislation (laws, governmental resolutions and ministerial orders issued on the basis thereof) applied to regulate the conditions of remuneration for the work of public sector employees. In the context of the present economic downturn the situation is even more complicated by unequal adjustment (cutting) of the salaries of the employees in different agencies/organisations which even more distorts the conditions (...) of remuneration for work regulated by different legislation. According to the authors of the article, the setting of the conditions of remuneration for the work of public employees requires uniform criteria to be applied to the differentiation of the salaries and wages. It is illogical to increase salaries/wages to some employees at the expense of others without taking into consideration the level of responsibility, the complexity and the social value of the work performed as well as the requirements imposed on the employees’ competencies. Furthermore, remuneration for work (especially to highly paid executives and professionals) should be set taking into account not only the complexity of their work, the level of the agency/organisation, etc., but also the contribution (benefit) of a particular employee to both the agency/organisation and the whole society. Such a system of remuneration for work would undoubtedly increase motivation of public sector employees. (shrink)

This book examines philosophical approaches to linguistic vagueness, a puzzling feature of natural language that gives rise to the ancient Sorites paradox and challenges classical logic and semantics. -/- The Sorites, or Paradox of the Heap, consists in three claims: (1) One grain of sand does not make a heap. (2) One billion grains of sand do make a heap. (3) For any two amounts of sand differing by at most one grain: either both are heaps of sand, or neither (...) one is. The third claim is rendered plausible by an initial conviction that vague predicates like ‘heap’ tolerate small changes. However, the repeated application of a tolerance principle to the second claim yields the further proposition that one grain of sand does make a heap – which contradicts claim number one. Consequently, many philosophers reject or modify tolerance principles for vague predicates. -/- Inga Bones reassesses prominent responses to the Sorites and defends a Wittgensteinian dissolution of the paradox. She argues that vague predicates are, indeed, tolerant and discusses how this finding relates to the paradox itself, to the notion of validity and to the concept of a borderline case . (shrink)

Clendinnen, Inga I want to begin with the question 'what is a humanist?' largely because you answered that question superbly and succinctly with your Australian Humanist of the Year choice last year.

This article aims to deepen the understanding of courage through a theoretical analysis of classical philosophers’ work and a review of published and unpublished empirical research on courage in nursing. The authors sought answers to questions regarding how courage is understood from a philosophical viewpoint and how it is expressed in nursing actions. Four aspects were identified as relevant to a deeper understanding of courage in nursing practice: courage as an ontological concept, a moral virtue, a property of an ethical (...) act, and a creative capacity. The literature review shed light on the complexity of the concept of courage and revealed some lack of clarity in its use. Consequently, if courage is to be used consciously to influence nurses’ ethical actions it seems important to recognize its specific features. The results suggest it is imperative to foster courage among nurses and student nurses to prepare them for ethical, creative action and further the development of professional nursing practices. (shrink)

On the basis of an interdisciplinary approach linking taxation, marketing, and corporate social responsibility, the present research investigates the effects of media reports on aggressive and responsible corporate tax strategies (CTSs) on corporate success with consumers. By means of two laboratory experiments (N = 150, 360), we analyze the effects of the CTSs on corporate reputation, consumer purchase intention, and the consumer’s willingness to pay. Our results suggest that aggressive CTSs diminish corporate success with consumers, whereas responsible CTSs enhance it. (...) Nevertheless, consumers are not willing to pay a price premium for products sold by responsible tax-planning companies, but rather punish aggressive tax-planning companies through a slightly lower willingness to pay. Finally, consumers’ tax morale and their attitude toward tax avoidance are important moderating variables. Given the growing level of media interest in taxation, our findings are crucial for assessing consumer-related non-tax costs and the benefits of different CTSs. (shrink)

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the (...) answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated. (shrink)

After coming into force of the Treaty of Lisbon it is acknowledged that better control and respect of the principle of subsidiarity is one of the most important and innovative goals of the Treaty. To achieve this goal, the Treaty introduces a mechanism which, apart from checking compliance of draft legislative acts with that principle, may eventually lead to a draft act to be deleted from the legislative agenda of the European Union on grounds of violation of subsidiarity. Within this (...) mechanism, crucial role is attributed to the national parliaments of the Member States. In this article, the reasons for overall inclusion of national parliaments in the European Union (hereinafter EU, the Union) activities are analysed. The role of national parliaments in the EU according to the specific provisions of the EU treaties is also discussed and the largest part of the work is devoted to the ex ante subsidiarity principle control mechanism (the Early Warning System), which gives the right for the national parliaments to influence the EU legislative process. (shrink)

The fascination of beauty has given rise to a long-standing European philosophical tradition on the idea of beauty the beginnings of which link back to ancient Greek mythology. However, at the dawn of Modernity the discourse on beauty slowly disappeared from theory and philosophy. While classical tradition dealt with the many and varied aspects of beauty in relation to cosmos, man's way of life, education and the arts, modern theory trivialized the idea of beauty and finally abandoned the topic. This (...) book is an attempt to put beauty on the agenda again by reviewing the very origin of this ancient idea. The reflections on beauty and the ugly are present already in Homer's mythology, and these ideas are further developed and refined in Plato's philosophy. Also Cicero is guided by the Greek legacy in his approach to life, rhetoric, and beauty. The examination of the ancient sources shows the profound knowledge, the elegance, the charm and wit present in ancient thinking. Instead of being just history, these sources hold sound counselling highlighting the importance of beauty. In this way the ancient legacy constitutes a challenge to the arrogance of modern thinking. (shrink)

The article provides proof that the concept of time articulated in Russian philosophy of the nineteenth century was very close to the understanding of time in the philosophy of Henri Bergson. This explains the close attention of Russian culture to the philosophical system of the French thinker at the beginning of the twentieth century. It also allows us to hypothesize about the possible influence of the ideas of Russian philosophers of the late nineteenth century on Bergson. Bergson’s most original idea (...) is the recognition of the metaphysical primacy of the subjective, inner time of the human in relation to physical time. In physical time, only the moment of the present has real existence; in internal time, designated by Bergson as duration, all moments of the past are preserved as real, and this is expressed by memory. Internal time turns out to be the spiritual Absolute from which the entire material world originates. A very similar metaphysical concept is presented in Pyotr Chaadaev’s Philosophical Letters. According to Chaadaev, each person is directly involved in the spiritual Absolute, which has the characteristic of integral time. In this time, all moments are in unity, and there is no division into the past, present, and future; this division arises only in the time intrinsic to the material reality that originates from the spiritual Absolute. In the religious teaching of Leo Tolstoy, personality is defined as the appearance of God within the limits of material existence, so a person is simultaneously involved in the earthly physical time and absolute time, which manifests itself through memory. The article concludes that Bergson’s ideas determined the most important features of Russian avant-garde culture of the twentieth century; in particular, thanks to them, the opposite trends of Russian thought were brought to unity: metaphysics of pan-unity and personalism. (shrink)

This thesis aims to challenge the position of a philosopher who thinks that claiming to have a "fictionalist attitude" towards, for example, mathematics, allows him, under certain conditions, both to maintain that mathematics is not true and to use it as one ordinarily would, without offering a paraphrase for it or regarding it as mere symbol-manipulation. The motivation for this position runs along the following lines. Mathematics purports to refer to numbers. Positing existence of such entities is deemed undesirable. Nevertheless, (...) abandoning mathematics altogether is not feasible, and giving a metaphysically attractive paraphrase---exceedingly difficult. Although the proponent of this position is aware of the potential charge of "doublethink" associated with similar views, he does not see his account as vulnerable insofar it satisfies certain conditions. ;The problem presented in this dissertation for such an approach is intended to be quite general. Although we talk mainly about numbers, it is simply for ease of exposition. ;First of all, it can't be too easy to claim to not believe a given content---this can't be a philosopher's ticket to the kind of wholesale scepticism that appears to simply shift the meanings of the words. In order to avoid that, however, one is obliged to give an account of the avowed "fictionalist attitude" which would make it clear that this attitude couldn't simply replace belief more or less across the board. In facing this challenge, one finds that while the contrast between this attitude and genuine belief is easy to account for in a range of familiar cases, still, in cases of philosophical interest , it becomes difficult to make sense of the contrast. To substantiate these claims, a number of tentative accounts are considered, and it is shown that for each one there comes a point when the contrast "collapses". In light of that discussion it becomes prima facie plausible to suppose that there simply is no contrast to be drawn for, e.g. , one's attitude to numbers. The implications of this are very briefly considered in the final chapter. (shrink)

This book draws new connections between twentieth-century German and French film theory and practice and vitalist conceptions of life from biology and philosophy. Inga Pollmann shows how the links between the two created a modernist, experimental, and cinematic strand of vitalism in and around the movie theatre. Articulated by film theorists, filmmakers, biologists and philosophers, this cinematic vitalism maps out connections among human beings, milieus, and technologies that continue to structure our understanding of film.

This article reports a study exploring the meaning of the complex phenomenon of moral responsibility in nursing practice. Each of three focus groups with a total of 14 student nurses were conducted twice to gather their views on moral responsibility in nursing practice. The data were analysed by qualitative thematic content analysis. Moral responsibility was interpreted as a relational way of being, which involved guidance by one’s inner compass composed of ideals, values and knowledge that translate into a striving to (...) do good. It was concluded that, if student nurses are to continue striving to do good in a way that respects themselves and other people, it is important that they do not feel forced to compromise their values. Instead they should be given space and encouragement in their endeavours to do good in a relational way that advances nursing as a moral practice. (shrink)

ABSTRACT I here explore how an ethics of rhythm can shed light on what promotes and inhibits recognition between people across our vulnerable lives, and the need for a renewal of the philosophy of pedagogy. I argue that philosophy itself has contributed to a certain oblivion regarding how we follow and create rhythmic societies, the need for a more profound and fine-tuned listening attitude as a philosophical-ethical marker, using among others Barthes concept of rhuthmos, Kierkegaards concept of repetition, Herbart’s concept (...) of pedagogical tact and Kristeva’s existential relationship. What forms of imposed rhythms of life can be said to cast light on new ways of living together today? I argue that rhythms affect, shape and set boundaries for interpersonal relationships. Moreover, that they serve as incentives for an ethic, or better; as views, perspectives and concepts to think with when describing the rhythm of the Anthropocene. (shrink)

Die Aufsatzsammlung geht der Frage nach der Bedeutung der Affektivität für die Ethik nach, indem sie zwei Traditionen füreinander fruchtbar macht, die sich bisher gegeneinander abgegrenzt, ja nahezu ignoriert haben: die Kant-Forschung und die Tradition der Phänomenologie. Aus zwei Gründen ist es an der Zeit, diese verfestigte Frontstellung aufzubrechen. Zum einen schenkt die Kant-Forschung im Rahmen eines anwachsenden Interesses an der Tugendlehre dem in phänomenologischen Ansätzen zur Ethik seit jeher zentralen Gefühl immer größere Aufmerksamkeit. Zum anderen beschränkt sich die phänomenologische (...) Ethik längst nicht mehr auf die von Kantianern traditionell kritisch gesehene materiale Wertethik. Der Band möchte mit Blick auf diese aktuelle Forschungslage in den beiden Feldern eine Verständigung der beiden Forschungsbereiche eröffnen und dadurch zugleich die systematische Frage nach der Affektivität in der Ethik voranbringen. Mit Beiträgen von Manfred Baum, Steven Crowell, Andrea Esser, Heiner Klemme, Bernd Ludwig, Dieter Schönecker, Sonja Rinofner-Kreidl, László Tengelyi und anderen. (shrink)

Many philosophical disputes, most prominently disputes in ontology, have been suspected of being merely verbal and hence pointless. My goal in this paper is to offer an account of merely verbal disputes and to address the question of what is problematic with such disputes. I begin by arguing that extant accounts that focus on the semantics of the disputed statement S do not capture the full range of cases as they might arise in philosophy. Moreover, these accounts bring in heavy (...) theoretical machinery. I attempt to show that we can capture the full range of cases with an approach that is theoretically lightweight. This approach explains verbal disputes as a pragmatic phenomenon where parties use the same utterance type S with different speaker’s meaning. Moreover, it provides an answer to the crucial question Jackson’s pragmatic account leaves, at best, highly implicit. Based on my account, we can distinguish between different ways in which disputes can be verbal and different extents to which they are defective. Distinguishing between these varieties of verbalness furthermore allows us to specify what kind of substantive issues remain to be discussed once the linguistic confusion is resolved. (shrink)

Two recent arguments purport to find a new and firmer foundation for evidentialism in the very nature of the concept of belief. Evidentialism is claimed to be a conceptual truth about belief, and pragmatism to be ruled out, conceptually. But can the conclusion of such conceptual arguments be regarded as the denial of pragmatism? The pragmatist traditionally conceived belief through its motivational role. Therefore, when confronted with conceptual evidentialism, the pragmatist should cede the term ‘belief,’ but insist that pragmatism be (...) understood as a claim about another attitude, a motivational duplicate of belief. Thus, the original dispute is simply relocated terminologically. (shrink)

This paper reassess the evaluation of ethical, legal and social issues in relation to the agile development of information systems in the domain of crisis management. The authors analyse the differing assessment needs of a move from a traditional approach to the development of information systems to an agile approach, which offers flexibility, adaptability and responds to the needs of users as the system develops. In turn, the authors argue that this development requires greater flexibility and an iterative approach to (...) assessing ELSI. The authors provide an example from the Horizon 2020 EU-funded project iTRACK to exemplify this move to an iterative approach in practice, drawing on the process of undertaking an ethical and privacy impact assessment for the purpose of this project. (shrink)

Fictionalists claim that instead of believing certain controversial propositions they accept them nonseriously, as useful make-believe. In this way they present themselves as having an austere ontology despite the apparent ontological commitments of their discourse. Some philosophers object that this plays on a distinction without a difference: the fictionalist’s would-be nonserious acceptance is the most we can do for the relevant content acceptance-wise, hence such acceptance is no different from what we ordinarily call ‘belief’ and should be so called. They (...) conclude that it is subject to the norms applicable to paradigmatic empirical beliefs, and hence, pace fictionalists, ontological commitments must be taken seriously. I disentangle three strands in the objector’s thought: the ‘What more can you ask for?’ intuition, a linguistic/ conceptual claim, and a claim about norms. I argue that the former two are compatible with ontological deflationism, and therefore do not entail applicability of the norms. Nevertheless, if indeed there is no more robust acceptance with which to contrast the supposed nonserious acceptance, then the fictionalist’s claim to austere ontology must be abandoned. Is there a reason to suppose there is any merit to the distinction-without-a-difference charge? I argue that there is, clarify it, and defend against objections, focusing on Daly 2008. (shrink)

Definiciones de epistemología hay muchas, al igual que clases y estilos. Sin embargo, más allá de esta diversidad, es necesario contar con una definición básica que guíe nuestra comprensión del tema. Dos serán las preguntas que nos ayuden a ello en este artículo: a) ¿qué es la epistemología? y b) ¿para qué le sirve al científico?

This article examines the evolution of Lev P. Karsavin, the connection between the philosopher’s historical perspective and his ontological constructions, his postulation of the personhood principle of being’s organization, and the common mindsets of the philosophy of all-unity. The author of this article distinguishes between reflections on the future found in Karsavin’s pre-emigration work and the image of the future he creates within the framework of the Eurasianist paradigm. This article presents three variants of representation of the future: the universal, (...) the national-cultural, and the state. The author analyzes the image of the future associated with the coming-to-be of the All-One Humanity, its transformation into a truly symphonic person, and show how this image turns into a concept of the future that affirms the self-development of national culture. The prospect of developing Russia-Eurasia as an ideocratic and statist state that acts as a form of manifestation of the national culture represents the final stage of this evolution. (shrink)

Two modes of reasoning are used by humans – the `theoretical' (formal) and the `empirical' (non-formal), the first operating with inside-the-syllogism information, the second utilising out-of-the-syllogism information. Cross-cultural research (since Lévy-Bruhl, and especially after Luria) and developmental research (since Piaget) discovered respectively that members of `traditional' societies and children up to a certain age are able to operate only in the empirical mode.The paper brings together diverse discussions about usage of these modes in actual discourse (Ennis, Johnson-Laird, Moore, Olson, Ong, (...) etc.). It concentrates on contradictory opinions as to whether contemporary individuals after they acquire the formal mode preserve and utilise the empirical mode. In this connection it discusses results of neurological experiments investigating performance in solving syllogisms under conditions of transitory suppression of the left or the right hemisphere (Deglin et al.) which demonstrated that one and the same person, depending on which hemisphere is suppressed, uses both strategies. The activated right hemisphere utilizes the `empirical' pattern, the activated left hemisphere utilizes the `logical' pattern. Thus both mechanisms of reasoning are present in the brain simultaneously, but each of them is controlled by different hemispheres. (shrink)

Cette contribution présente des types de petits corpus très hétérogènes, qui ne sont toujours pas clairement définis : les petits corpus oraux bilingues et plurilingues. Elle envisage d’abord de donner un aperçu de petits corpus et discute l’insécurité terminologique du domaine des corpus bi- et plurilingues. Ensuite, les bases de données de petits corpus bilingues Talkbank, HZSK, Sketchengine et CLAPOTY sont brièvement décrites pour discuter les possibilités de visualisation ainsi que de mise en disposition des données de corpus. Finalement, un (...) exemple concret est présenté : le corpus FM, un petit corpus bilingue français-anglais d’une variété du français canadien, parlée au Manitoba. (shrink)

The article follows dynamic changes and evolutions in the history of research theories in the field of humanities. It begins with an analysis of studies on group identity, and drawing from ideas by Ewa Domanska, it employs the metaphor of the see as the space in which one can navigate for new themes and ideas. A special importance is attached to the concept of autobiography, especially in reference to the researcher’s life and experience. Boleslaw Prus’s The Doll and its critical (...) reception offers a good case study to illustrate this approach of analysis which draws on private lives of interpreters and critics. The influence of autobiography on literary theory is analysed using Susan Faludi’s Backlash and In the Darkroom. (shrink)

The question of a «subject» appears in a new way in the context of a «third type» of phenomenon, introduced explicitly by a French philosopher Jean-Luc Marion. His idea of saturated phenomenon opens a discussion about the possibility and way of cognition with regard to the saturated phenomenon as well as the one who manages to receive it – the givee. I chose to approach this question through the aspect of cognition, since it is so radically transformed in this perspective, (...) which can be called as phenomenology of givenness. First I shortly introduce the scene of action by sketching the concept of the saturated phenomenon and its incompatibility with the traditional concept of cognition (or knowledge). Ken the problem of cognition in the context of saturated phenomenon is addressed by a double analysis: that of the recipient of such givenness and a particular case of the saturated phenomenon – the face as icon. Ways in which the encounter with the saturated phenomenon retains the right to be called cognition are explicated, as well as the way in which it is incompatible with conceptual knowledge. Ke role and status of the one who knows, i. e. transformation from «subject» to the givee, is also discussed. (shrink)

SummaryThe salience of mediated scandals today is deeply linked with the formation of norms and values in our society. This is a particular challenge for the field of sport as the compliance with norms and values is of particular relevance in this social area. The paper shows the extent of scandalization in sport reporting and discusses possible implications for sport. Therefore, it offers a definition and typology for sport scandals. It indicates why sport scandals might have a fundamental share of (...) overall scandal reporting today in comparison to other fields of society. The paper further emphasizes content-related aspects such as celebrity status, sport discipline and type of sport scandal. In the empirical portion, a quantitative content analysis of all reported scandals in three German newspapers over a period of one year is provided. Implications of the findings for athletes, organizations, and society are discussed. (shrink)

This Open Forum contribution critically interrogates the use of space race rhetoric in current discussions about artificial intelligence (AI). According to this rhetoric, similar to the space race of the twentieth century, AI development is portrayed as a rivalry among superpowers where one country will win and reap major benefits, while others will be left behind. Using this rhetoric to frame AI development tends to prioritize narrow and short-term economic interests over broader and longer-term societal needs. Three particularly problematic aspects (...) of using space race narrative in AI discussions are highlighted: first, perceiving technology development globally as a zero-sum game; second, pressuring governments to regulate less; and third, prioritising high technologies over social issues. This contribution invites to challenge underlying political assumptions of the AI space race discourse and to open up conversations about alternative futures. (shrink)

The notion of exemplification is essential for Goodman’s theory of symbols. But Goodman’s account of exemplification has been criticized as unclear and inadequate. He points out two conditions for an object x exemplifying a label y: (C1) y denotes x and (C2) x refers to y. While (C1) is uncontroversial, (C2) raises the question of how “refers to” should be interpreted. This problem is intertwined with three further questions that consequently should be discussed together with it. Are the two necessary (...) conditions (C1) and (C2) conjointly sufficient? Do they amount to a definition of “exemplification”? Which notions of Goodman’s theory are basic, and hence undefined? In this paper, we address these questions and defend a reconstruction of the notion of exemplification that interprets “refers to” in (C2) as exemplificational reference and hence treats “exemplification” as a basic notion of Goodman’s theory. Firstly, we argue that even though the notion of exemplification is not defined, it is still sufficiently clear. This ensures its contribution to Goodman’s theory of symbols. Secondly, we show that our account is plausible as an interpretation of Goodman’s and Elgin’s writings, although it implies that some of Goodman’s theorems about self-reference have to be weakened. Thirdly, we argue that it is the only materially adequate reconstruction of Goodman’s notion of exemplification, whereas the alternative definitional accounts fail. (shrink)

Intercultural discourse (especially via a lingua franca when interlocutors have a false impression that they are speaking one and the same language) adds a new dimension – facework (the establishment of culture-sensitive politeness strategies) – to the theory and practice of argumentation from a number of perspectives: its specificity as compared to ordinary argumentational discourse, the interpretation of the concept of incommensurability, and the conduct of international negotiations. Politeness systems relevant for different cultures are not unpredictable, but represent linguistically and (...) cognitively a highly generalised universal system which can be adopted by interlocutors and used in practical discourse. Politeness expressions are governed by linguistic components – by language forms of a certain type and by specific discourse patterns. The proper choice of language forms and discourse patterns adds a special dimension to argumentative schemata. The politeness-relevant packaging of discourse adds a zero-step to the normative stages of an argumentative discussion (establishing hierarchical relations as such), and needs permanent alignment of these relations, by using correct language forms and discourse patterns. (shrink)

Pour paraphraser une célèbre formule de Heidegger, l’on pourrait dire que la nature appartient à ce qui nous est le plus proche, et en même temps, qu’elle demeure parmi ce qui nous est le plus éloigné. Cette situation paradoxale relève semble-t-il d’une tension constitutive : d’un côté, la nature est, par rapport à nous, en vis-à-vis, et peut ainsi devenir l’objet de notre analyse ; d’un autre côté, nous sommes nous-mêmes des êtres naturels, qui, en tant qu’êtres pensants, sommes enracinés (...) da... (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in the (...) case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with WTO rules, even if the DSB (...) had previously declared the EU legislation to be incompatible with those rules. The position of the ECJ is based on the WTO dispute settlement system specifics—the importance of the negotiation between the parties, even after the DSB decision-making and lack of reciprocity, which means that major commercial partners of the EU does not recognize the direct effect of DSB decisions. (shrink)

In this article the phenomenon of an icon (as described by Jean-Luc Marion) is considered in relation with its media of appearance. Asking whether it can appear and be recognized as such in any medium or only in “iconic” media, attention is directed towards electronic media, namely the television, film and computer screens. The main question is whether “crossing of gazes” and recognition of the face is possible on screen. If not, the screen remains univocally a medium of an idol. (...) -/- Relation of an invisible icon to its medium (or environment) is found to be twofold: on the one hand, an icon itself is of ‘mediatic’ structure, since it implements the “medium is the message” phrase, given by Marshall McLuhan. The visible side of an icon is fully subservient to its invisible message – in other words, it becomes its message. On the other hand, an icon uses some kind of (additional) medium for its appearing. The medium can become an obstacle or a means due to its capabilities of presenting a situation of image and certain image logic with it. -/- Although, J.-L. Marion is strictly sceptical about the possibilities of audio-visual technologies to transmit the phenomenon of the face, several occasions for a doubt and further investigation are found. Firstly, the liberation from the status of an idol to a certain extent and hence a suggestion of an icon is found where the ‘content’ of the medium reveals the medium itself. Thus, it enables recognising the image as image and implies the segmentation of ‘layers’ of images. Secondly, strong suggestion of the face of the other addressing me (the viewer) personally is observed in the situation of accepted prayer. However, this possibility is only discovered in examples and it is still lacking theoretical background. Except of this, the screen remains a medium which ‘filters out’ the phenomenon of an icon. -/- On the whole, at least a suggestion of an icon is thought to be able to use the screen as its medium. (shrink)

ABSTRACT It is obvious that Arne Naess had his most important philosophical experience, and quite possibly made his most significant achievement, in confrontation with the variety of philosophical scepticism known as Pyrrhonism. Naess maintained, however, that he did not defend scepticism as a philosophical position, and he was concerned to distinguish Pyrrhonism from the inverse form of dogmatism often associated with the term ?scepticism?. Naess was primarily preoccupied with the practical implications of this radical form of scepticism, in which he (...) thought peace of mind and serious inquisitiveness could be combined. In this article, I introduce some central aspects of Naess's Pyrrhonian scepticism, to illustrate how his philosophy may contribute to a relevant form of anti-dogmatism. (shrink)

In seinem neuen Buch vertieft Steven Crowell seine Auffassung der Phänomenologie als Transzendentalphilosophie, die es mit dem normativen Raum des Sinnes (space of meaning) zu tun habe (vgl. Crowell 2001). Sowohl Husserl als auch Heidegger führen aus seiner Sicht innerhalb der Phänomenologie die kantische Tradition der Transzendentalphilosophie weiter, indem sie der Frage nach den „transzendentalen Bedingungen der Konstitution oder Enthüllung des Sinnes“ (S. 1) nachgehen.Vgl. auch den von Steven Crowell mit herausgegebenen Band Transcendental Heidegger (2007). Da der Sinn aber Crowell (...) zufolge Normativität impliziert, hat die von ihm vertretene phänomenologische Transzendentalphilosophie einen neukantianischen Zug (vgl. S. 10). Von den vier Teilen des Buches befassen sich die ersten beiden im Wesentlichen mit Husserl, während der dritte und vierte Teil auf Heidegger eingehen. Dieser Aufbau begründet sich dadurch, dass Crowell anstatt des Bruches vielmehr die Kontinuität zwischen Husserl. (shrink)

The present study examines Adorno’s critique of Husserl and Heidegger by asking whether one can find a systematic equivalent for Adorno’s notion of a,spiritual experience‘ in the works of the two phenomenological thinkers. This question is answered affirmatively. The first part summarizes Adorno’s critique of Husserl and Heidegger; the second analyzes the notion of,spiritual experience‘ in Adorno’s negative dialectics; the third part explains in which sense one can speak of a,spiritual experience‘ in Husserl’s and Heidegger’s phenomenology; the final part describes (...) the main differences of a,spiritual experience‘ in negative dialectics and in phenomenology, i. e. on the one hand the originally epistemological approach of phenomenology and the originally practical approach of negative dialectics and on the other hand the attitude with regards towards metaphysics. (shrink)