This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure `brute facts' do not exist in law because of the socialisation of physical world and juridification of the social world.; also, the effect of evidentiary constraints. Law/fact distinction depends on `applicability rules'. The problem of `mixed terms' is partly a matter of judicial (...) pragmatics, partly to do with the character of applicability rules, and their extensiveness. Semantic realism versus semantic instrumentalism in respect of legal terms -- the latter preferred. Tendency to abstract terms in advanced legal orders. (shrink)

Celem niniejszego artykułu jest nie tylko przybliżenie określonych obrazów raju i utopii, które ukazują się w różnych odsłonach w domenach imaginariów europejskich na przestrzeni dziejów, lecz także ukazanie powiązań owych obrazów z domeną dyskursów politycznych dążących do zmiany status quo oraz ukonstytuowania doskonałej, harmonijnej i nieantagonistycznej wspólnoty. Stworzenie takiej wspólnoty – pomimo uniwersalistycznych wizji, które imaginaria raju i utopii implikują – niejednokrotnie opiera się na mechanizmach inkluzji i ekskluzji. Mechanizmy tego typu są charakterystyczne przede wszystkim dla maksymalistycznych wizji i idei (...) politycznych, które dążą do rozwiązania wszelkich ludzkich problemów w sposób ostateczny i całkowity. Z takimi dążeniami należy wiązać nade wszystko rewolucyjne próby realizacji utopii, czy też budowy królestwa Bożego na ziemi. (shrink)

Quid ais has as its two main functions in Latin to express surprise (“what are you saying?”), and to get the addressee’s attention (“tell me something…”); the latter type has a commanding tone. It is proven that quid ais in Plautus has a decidedly male character; that is, he avoided giving the phrase to women. To explain this finding, it is noted that 91% of instances of quid ais in Plautus are of the second “attention-getting” type. With its imperatival force, (...) this quid ais was probably not felt to be appropriate for Plautus’ female characters whose speech is generally more polite and deferential than male speech. Indeed, in the three cases when a woman does utter the phrase, she either assumes a male role, or belongs to a type which in recent scholarship has been shown to have a “commanding” style of speech: the meretrix or the uxor dotata. (shrink)

Vincent proposes that the extracellular cGMP found in cerebellum after glutamate receptor activation is released mainly from Purkinje cells because in these neurons the presence of guanylate cyclase has been shown using monoclonal antibodies. It is uncertain, however, whether Purkinje cells are the only source of extracellular cGMP in the cerebellum. This commentary examines the possibility that glial and cerebellar granule cells may also participate in cGMP synthesis and release, Moreover, the hypothesis of transcellular metabolism of citrulline and arginine is (...) discussed. [VINCENT]. (shrink)

The dominant approach in genocide studies focuses on the intentions and motives of mass murderers. However, in many cases, natural phenomena, pathogens and machines determine the nature and course of genocidal mobilization. The aim of this article is to present the advantages of the actor-network theory in explaining genocidal mobilization, taking into account environmental factors. “Natural objects” have been selected from a rich catalogue of non-human actors. The author divides these objects into three classes, showing that pathogens and deserts are (...) of key importance in the history of collective violence. Referring to specific cases, the author identifies that adopting the assumptions and methods of ANT reveals new aspects of the genocidal process. This indicates the need for considering the politics of non-human actors, delegating morality and law, tracking consecutive translations, rejecting the division into qualitatively different micro- and macro-actors, and tracking the emergence of new actants and forms of knowledge during genocide. (shrink)

In his early career, Kenneth Millar, better known as Ross Macdonald, emulated the style of Dashiell Hammett and Raymond Chandler. By the 1960s he had established himself as a distinct voice in the hardboiled genre. In his Lew Archer series, he conveys the complexity of his characters and settings primarily by the use of metaphors. In his 1966 novel Black Money the device performs three functions. In the case of minor characters, the author uses metaphors to comment on Californian society. (...) Concurrently, metaphors describing major characters allow him to develop their dramatic arcs, whereas the recurring elements of the leitmotif serve to demonstrate the narrating detective’s growing concerns with the ongoing investigation. Arguably, it was Macdonald’s use of metaphors that helped define his unique voice. (shrink)

It is argued, in this paper, that the core operation underlying any measurement—the inverse modelling under uncertainty—is equivalent to quantitative abductive reasoning which consists in the selection of the best estimate of a measurand in a set of admissible solutions, using a priori information: on the measurand, on the measuring system coupled with an object under measurement, and on the influence of the environment including the user of the measurement results. There are two key premises of this claim: a systematic (...) interpretation of measurement in terms of inverse problems, proposed earlier by the author, and a logical link between inverse problems and abduction, identified by the Finnish philosopher of science Ilkka Niiniluoto. The title claim of this paper is illustrated with an expanded example of measuring optical spectrum by means of a low-resolution spectrometer. (shrink)

The generalizing methods of philosophies achieve a popularity for a period of time, which may be extended or brief, during which their proponents and even their opponents may regard them as the cognitive presuppositions for the epoch. The same effect is achieved by the more exact scientific methodologies as they find fame outside the scientific circle and are treated by some as omnipotent discoveries with powers to heal all other disciplines which may be ailing. The limping disciplines, generally classified among (...) the humanities and discerned to be in trouble since the nineteenth century, are understandably envious of the seemingly invincible, favored scientific children of our time. For our era tends to worship quantifiable data and the principles and instruments for measuring and conceptualizing it. Thus semiotics and information theory, in hopes of acquiring the status of the sciences, have led aesthetic inquiry toward the currently popular scientism; but the limited cognitive scope of this methodology has not been recognized. Sociology of knowledge, however, forewarns us of the winds of fashion on cognitive paradigms. Where the inherent explanatory scope of a doctrine, system, or method is less than is believed according to the prevailing sociological patterns, a correction will eventually set in. And an important factor in overcoming the para-religious claims will be, precisely, the fundamental antinomical tendency of the human mind. Stefan Morawski, Research Professor at the Institute of Arts of the Polish Academy of Sciences, has lectured throughout the United States and is currently teaching at the Ludwig Maximilian University in Munich. His works have appeared in a variety of languages: Marxism and Aesthetics: History of Ideas has been published in Spanish and Italian; Absolute and Form, in Polish, Italian, and French; and, in English, Inquiries into the Fundamentals of Aesthetics. (shrink)

In this original and eye-opening study, Stefan Morawski sheds light on the notoriously inconclusive--and all too often confused--debate about the cultural significance of postmodernism and postmodernity. He shows how large the volume of historical and artistic knowledge needs to be to seriously grapple with the issues. Morawski unravels the complex strands which link our perception of postmodernism and postmodernity with aesthetic and human values whose roots lie deep in history. He discusses daily life in a consumer society, science (...) and religion, visual arts, literature, film, television and the most arcane works of contemporary music and offers an impassioned interrogation of the ways in which we understand, evaluate and use contemporary culture. (shrink)

This translation is based on “Faust Socyn w Polsce,” in Humaniści, heretycy, inkwizytorzy (Kraków: PAU, 2006), 175–88, with the permission of the Publisher and the legal successors.

Latin is one of the best documented and most extensively studied of any language: nearly every area has been subject to continued and intense scrutiny, with ideas from recent subfields of linguistics providing a fresh look at some old topics. The Latin future imperative, the form that conveys commands for non-immediate execution, constitutes precisely such a topic in Latin linguistics: from the Roman Imperial period on, students have demarcated the usages, syntax and context-specific features associated with this form; more recently, (...) scholars have applied ideas from various linguistic subfields to achieve new insights. Given that the –toimperative is so well understood, it might come as a surprise to find that some matters pertaining to it are still debated. This paper will address four such contested areas: first, its register ; second, the form's politeness ; third, the temporal scope of the –toimperative ; and fourth, the sensitivity of the form to social factors, that is, to the identity of the speaker and the addressee. (shrink)

Pascal’s Wager is one of the most interesting and original arguments for the existence of God. It does not invoke advanced metaphysical concepts; instead, it employs the methods and concepts of probability calculus. Its argumentative power mainly rests on the appropriate interpretation of the determinants of human existence, which are taken to include our cognitive, moral and physical limitations. The article discusses different aspects of Pascal’s reasoning. In particular, it examines the wager in the context of Grace as something that (...) Pascal himself believed in. (shrink)

The article is dedicated to the attitude of the great world religions (Judaism, Christianity, Islam, Buddhism, Hinduism and Confucianism) to the world of finance, including banking. The issue of usury plays a key role together with the evolution of ethical aspects related to obtaining compensation for money lending. The analysis is focused on the other aspects of banking activities, such as saving, investing, and institutional development of the banking sector as well. The author underlines the far-reaching convergence between religions in (...) this area, in spite of the considerable variation in historical and geographical conditions of their formation. The importance of cultural (religious) differences, including the nuances or more fundamental aspects, has a significant impact on bank management in different regions. For successful development, large multinational corporations have to take into consideration the abovementioned circumstances, regardless of globalization processes. (shrink)

The present paper aims to investigate the causes of genocidal mobilization associated with the involvement of ordinary people. I discuss the “innocent causes” of criminal choices made by perpetrators who are not leaders, sadists or radicals. To this end, I compared three total genocides, of Armenians, Jews, Romani, Tutsi and Twa, and selected partial genocides. My analysis proves that entire nations or ethnic groups may be exterminated because many people make criminal choices which are motivated by values and norms that (...) in other circumstances would be considered acceptable or even commendable. These choices are made partly due to the structural pressure of circumstances and are partly derived from dispositions shaped in the course of primary and secondary socialization. Yet, they always require the reflexive mediation of “objective” social forces. (shrink)