Fundamental incompatibility arises at the interface of quantum mechanics and the special theory of relativity with Einstein synchronization, in which simultaneity is not absolute. It has, however, been shown that a relativistic theory preserving absolute simultaneity allows to formulate Lorentz-covariant quantum theory, at a price of introducing a preferred frame of reference manifesting itself in a directional anisotropy of the speed of light. We show that a supposed method of distinguishing between these two theories based on the Doppler effect is (...) insensitive to this anisotropy. Both theories are indistinguishable if only kinematic effects for light or subluminal signals are considered. (shrink)

In a recent series of papers, Jane Friedman argues that suspended judgment is a sui generis first-order attitude, with a question as its content. In this paper, I offer a critique of Friedman’s project. I begin by responding to her arguments against reductive higher-order propositional accounts of suspended judgment, and thus undercut the negative case for her own view. Further, I raise worries about the details of her positive account, and in particular about her claim that one suspends judgment about (...) some matter if and only if one inquires into this matter. Subsequently, I use conclusions drawn from the preceding discussion to offer a tentative account: S suspends judgment about p iff S believes that she neither believes nor disbelieves that p, S neither believes nor disbelieves that p, and S intends to judge that p or not-p. (shrink)

This paper offers a theoretical framework that can be used to derive viable engineering strategies for the design and development of robots that can nudge people towards moral improvement. The framework relies on research in developmental psychology and insights from Stoic ethics. Stoicism recommends contemplative practices that over time help one develop dispositions to behave in ways that improve the functioning of mechanisms that are constitutive of moral cognition. Robots can nudge individuals towards these practices and can therefore help develop (...) the dispositions to, for example, extend concern to others, avoid parochialism, etc. (shrink)

In this paper, I discuss the formation of habits with the help of self-tracking technologies. Although devices like Fitbit smart bands come with promises of empowerment through the means of increased control over users’ habits, existing literature does not provide conclusive findings about the validity of such claims. I contribute to the ongoing debate by relying on John Dewey’s pragmatist philosophy and its notion of intelligent habit. I demonstrate that from a pragmatist standpoint, habits that are the most likely to (...) accomplish users’ goals contribute to their flourishing need to be reflective (accompanied by adequate deliberation) and flexible (adaptable to the changing circumstances). On this basis I highlight some ethical-epistemic issues surrounding self-tracking technologies that inhibit the formation of habits desirable from a Deweyan standpoint. These include a lack of reflection on the part of the developers, difficulties for users to deliberate and consciously shape the habits developed by their devices, and dependence upon self-tracking tools that makes it difficult to adapt habits to individual needs and circumstances. I conclude the paper by discussing self-tracking’s general impact on flourishing, as well as placing my arguments in the context of the diversity of self-tracking practices and identifying how users attempt to alleviate the shortcomings of the technology and make it more suitable to their goals and needs. (shrink)

There is an ethical dilemma present when considering updating predictive clinical artificial intelligence (AI) models, which should be part of the departmental quality improvement process. One needs to consider whether withdrawing the AI model is necessary to obtain the relevant information from a naive patient population or whether to use causal inference techniques to obtain this information. Withdrawing an AI model from patient care might pose challenges if the AI model is considered standard of care, while use of causal inference (...) will not be reliable if the relevant statistical assumptions do not hold true. Hence, each of these two updating strategies is associated with patient risks, but lack of reliable data might endanger future patients. Similarly, not withdrawing an outdated AI might also expose patients to risk. Here I propose a high level ethical framework – epistemic risk management - that provides guidance for which route of model updating should be taken based on the likelihood of the assumptions used during the creation of the original AI model and the assumptions required for causal inference holding true. This approach balances our uncertainty about the status of the AI as standard of care with the risk of not obtaining the necessary data, so as to increase the probability of benefiting current and future patients for whose care the AI is being used. (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)

This paper looks at the Catholic justification of medical interventions in ectopic pregnancies. The paper first shows that the way how Double Effect Reasoning is often applied to ectopic pregnancies is not consistent with the way Aquinas introduces this mode of reasoning. The paper then shows certain problems in common defences of the use of salpingectomies. The paper then re-evaluates the medical interventions used in the management of ectopic pregnancies, with both a focus on the aim of the treatment and (...) the timing of the treatment. (shrink)

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)

Volume 19, Issue 7, July 2019, Page 39-40.

While there is a prolific debate surrounding the issue of conscientious objection of individuals towards performing certain clinical acts, this debate ignores the fact that there are other reasons why clinicians might wish to object providing specific services. This paper briefly discusses the idea that healthcare workers might object to providing specific services because they are against their professional judgement, they want to maintain a specific reputation, or they have pragmatic reasons. Reputation here is not simply understood as being in (...) good standing with a professional body. Rather, reputation is treated in the sense that a craftsman might wish to be known for providing a specific type, quality, and style of service. Professionalism is understood as acting according to the philosophical and scientific principles that are the basis of healthcare (such as acting for the benefit of the patient’s health and following well- evidenced treatment pathways). (shrink)

Engineering an artificial intelligence to play an advisory role in morally charged decision making will inevitably introduce meta-ethical positions into the design. Some of these positions, by informing the design and operation of the AI, will introduce risks. This paper offers an analysis of these potential risks along the realism/anti-realism dimension in metaethics and reveals that realism poses greater risks, but, on the other hand, anti-realism undermines the motivation for engineering a moral AI in the first place.

Current developments in reproductive technology forecast that in the foreseeable future artificially generated gametes might be presented as a possible fertility treatment for infertile couples and for homosexual couples desiring to have children genetically originating from both partners. It is important to evaluate the ethical issues connected to this technology before its emergence. This article first reviews the meaning that gametes (sperm and eggs) might have to those who procreate, as well as their ontology. From this, suggestions are made as (...) to what qualities artificially generated gametes need to be truly called gametes. Finally, different proposed routes for artificial gamete generation are examined on the basis of these qualities, with their prospective problems and advantages highlighted. Autotransplanted gametes (or their progenitors) generated solely from patient-derived tissue are deemed to be the most ethically suitable route for the development of this technology. (shrink)

In this paper, I offer an account of the dependence relation between perception of change and the subjective flow of time that is consistent with some extant empirical evidence from priming by unconscious change. This view is inspired by the one offered by William James, but it is articulated in the framework of contemporary functionalist accounts of mental qualities and higher-order theories of consciousness. An additional advantage of this account of the relationship between perception of change and subjective time is (...) that is makes sense of instances where we are not consciously aware of changes but still experience the flow of time. (shrink)

Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) rules which constitute valid performance of conventional activities. In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law. From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article. (shrink)

This text focuses on selected basic arguments of libertarianism that could be found in certain debates on the moral issues of euthanasia and the application of moral fictionalism in bioethics. Firstly, I devote my article to the criticism of libertarian arguments (as one of the dominant discourses related to the debate over euthanasia) in a wider perspective of moral philosophy. The article is based on an approach that understands morality as a kind of social practice and the primary goal is (...) to grasp the key theoretical concepts which are included in the mechanism for identifying and assessing our moral intuitions. This text is primarily an analysis of selected arguments of current normative theories of libertarianism on two levels: first it examines the idea of self-ownership in connection with certain debates over euthanasia, while the latter part of the article concerns an analysis of the critique of libertarian arguments and a comparison of the alternative arguments of moral fictionalism. The last part of this text, focusing on moral fictionalism and its general application in bioethics, is the core of the article. (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)

Despite its popularity in recent theorisations of law as an artifact, the idea that law is an immaterial being, independent from even the documents that contain legal acts, has not been subjected to a focused analysis. This paper fills this noticeable gap. After providing generalizing account of the Immateriality Thesis, based on its different expositions in the literature, the paper criticises it. First, it argues that it is based on the counterfactual assumption that semantic content can exist beyond any carrier (...) for itself. The paper then elaborates on the thesis’ empirical implausibility, particularly its ignorance of how much the law is as it is due to writing. Third, the paper reveals how the thesis is difficult to combine with other jurisprudential issues, notably law’s effectiveness. Following such a critique, the paper considers the possible origins of and reasons for the thesis. Given its highly questionable character, the paper concludes with some general ideas on taking law’s materiality seriously. (shrink)

In the posthumously published ‘Future People, the Non-Identity Problem, and Person-Affecting Principles’, Derek Parfit presents a novel axiological principle which he calls the Wide Dual Person-Affecting Principle and claims that it does not imply the Repugnant Conclusion. This paper shows that even the best version of Parfit's principle cannot avoid this conclusion. That said, accepting such a principle makes embracing the Repugnant Conclusion more justifiable. This paper further addresses important questions which Parfit left unanswered concerning: the relative importance of individual (...) and collective goodness, comparisons involving unequal outcomes, how to understand individual goodness, and whether incomparability at the level of individual goodness implies incomparability at the level of overall goodness. (shrink)

Karaim is a severely endangered language belonging to the Turkic language family and its only surviving dialect is Northwest Karaim with speakers in Lithuania and Poland. In the past few years numerous Karaim translations of the Bible have been discovered. Some of these are among the oldest texts written in this language. The authors present some of the oldest Karaim texts known today as well as recently discovered Karaim translations of the entire Tanakh. It is shown how these recent research (...) results have broadened our knowledge regarding the Karaim written heritage. Furthermore, some preliminary conclusions are drawn on the relationships among the manuscripts and the biographies of the copyists and translators involved in their creation. Textual similarities between sources created separately in communities located far from one another in the regions of Crimea, Lithuania, Volhynia, and Galicia suggest that a common Karaim tradition of Bible translation must once have existed. Moreover, the textual complexity and the use of sophisticated translation techniques in the oldest known texts support the claim that they were based on older texts or on a well-established oral tradition of translation. (shrink)

In this collection of essays, experts in the field of consciousness research shed light on the intricate relationship between conscious and unconscious states of mind. Advancing the debate on consciousness research, this book puts centre stage the topic of commonalities and differences between conscious and unconscious contents of the mind. The collection of cutting-edge chapters offers a breadth of research perspectives, with some arguing that unconscious states have been unjustly overlooked and deserve recognition for their richness and wide scope. Others (...) contend that significant differences between conscious and unconscious states persist, highlighting the importance of their distinct characteristics. Explorations into the nature of the transition from unconscious to conscious mind further complicate the picture, with some authors questioning whether a sharp divide between unconscious and conscious states truly exists. Delving into ontological, epistemological, and methodological issues, this thought-provoking text challenges established paradigms and paves the way for a reimagining of consciousness research. It does so in an understandable and accessible way, making this a perfect companion to both experts and students of philosophy, psychology, and related fields. (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)

The outbreak of the COVID-19 pandemic has upended lives and thrown the taken for granted into disarray. One of the most affected groups were teachers and students, faced with the necessity of school closures and—where logistically feasible—an urgent shift to emergency remote instruction, often with little prior notice. In this contribution, based on an online survey involving participants from 91 countries, we offer a perspective bridging the two groups, by investigating the role of teachers' demographics and professional adaptation to emergency (...) remote teaching in their perception of how their students were coping with the novel situation. The resultant model explains 51% of variance, and highlights the relative weights of the predictor variables. Given the importance of teacher perceptions in the effectiveness of their instruction, the findings may offer valuable guidelines for future training and intervention programs. (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)

Physical theories give us the best available information about what there exists. Although physics is not ontology, it can be ontologically interpreted. In the present study, I propose to interpret physical theories à la Quine, i.e. not to speculate about what really exists, but rather to identify what a given physical theory presupposes that exists. I briefly suggest how Quine’s program should by adapted to this goal. To put the idea to the test, I apply it to the famous Hartle–Hawking (...) model of the quantum creation of the universe from nothing, and try to discover what kind of nothingness the model presupposes. I also make some remarks concerning ontological commitments of the method of physics itself. (shrink)

It has been noticed by several authors that the colloquial understanding of anonymity as mere unknown-ness is insufficient. This common-sense notion of anonymity does not recognize the role of the goal for which the anonymity is sought. Starting with the distinction between the intentional and unintentional anonymity (which are usually taken to be the same) and the general concept of the non-coordinatability of traits, we offer a logical analysis of anonymity and identification (understood as de-anonymization). In our enquiry, we focus (...) on the intentional aspect of anonymity and develop a metaphor of “anonymity game” between “perpetrator” and “detective”. Beginning from common-sense intuitions, we provide a formalized, critical notion of anonymity. (shrink)

This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using the (...) word "responsibility" are particularly important since they are usually either ignored or inadequately separated from descriptive contexts. Roman Ingarden's views were supplemented by Alf Ross's aspects of responsibility. As a result, the elementary ways of understanding responsibility have been reconstructed; they are the basis for reflections on moral responsibility as well as legal responsibility. (shrink)

Neuroscience is a fascinating discipline – its dynamic progress has led to the emergence of new interdisciplinary research programmes with great potential. One of these research areas is neuroeconomics. As will be shown in this article, this discipline, which is difficult to clearly characterize and define, is faced with many problems. This paper argues that social scientists should be interested in the problems and tendencies in social neuroscience for several reasons. Neuroeconomics, and other disciplines inspired by neuroscience, will compete with (...) their parent disciplines in many fields of interest. On one hand it will be necessary for scientists to define and defend the irreplaceable roles of their disciplines, but also critically evaluate the potential of new approaches on the other. In the context of this discussion, which reopens questions about the scientific status of economics and its roles, this paper introduces the main problems related to neuroeconomics. This paper concludes that these problems represent a wide domain for social scientists and methodologists of science. (shrink)

Recenzní stať antologie David ČENĚK – Tereza PORYBNÁ, Vizuální antropologie – kultura žitá a viděná. Pavel Mervart: Červený Kostelec 2010, 332 s., postihuje vybrané tendence, které formují postavení technických obrazů v soudobých sociálních vědách. Po základním představení antologie a jejím zařazení do kontextu diskuse o vizuálních sociálních vědách se tak článek věnuje zejména třem klíčovým tématům: kritice a návrhům na transformaci subjekt-objektového vztahu; nástupu tzv. participatorních metod; požadavkům na vytváření mimotextových reprezentací a ustavení sdílené antropologie. Stať vždy nejdříve ilustruje, jak (...) jsou tato témata pojednána v recenzované antologii, a následně se snaží nastínit diskusi, která se kolem těchto témat vede v sociálních vědách. Závěrem se věnuje důsledkům, které má pro zvažovaná témata nástup digitalizace a hypermedializace sociálních věd. (shrink)

Přibližně od druhé poloviny devadesátých let můžeme v sociálních vědách rozpoznat řadu tendencí, které nás opravňují hovořit o digitálním obratu v sociálněvědné praxi. Ačkoli důsledky digitalizace jsou pozorovatelné v mnoha oblastech sociálních věd, nejvýrazněji jsou zřejmě patrné ve znovuoživení očekávání spojovaných s tzv. dialogickým obratem a v diskusi rozpoutané kolem konceptu veřejné vědy. Tato studie vychází z kritického představení antologie a knihy-hypermédia Phillip VANNINI, Popularizing Research. Engaging New Genres, Media and Audiences. New York: Peter Lang 2012, 220 s.; Phillip VANNINI, (...) Popularizing Research [online]. 2012. Dostupné z: [cit. 4. 1. 2013], přičemž jejím cílem je zejména postižení souvislostí mezi digitálním a dialogickým obratem v sociálních vědách a vymezení vztahu těchto obratů ke konceptu veřejné vědy. (shrink)

Tato studie je v první řadě studií z dějin filosofie. Jejím hlavním úkolem je popsat život a dílo autora, který byl v česko-slovenském intelektuálním prostředí dlouhou dobu opomíjen: anglo-amerického matematika, fyzika a filosofa Alfreda Northa Whiteheada. Jeho životní příběh bývá někdy popisován jako „příběh tří měst“: Cambridge v Anglii, Londýna a nakonec Cambridge v Massachusetts, kde sídlí Harvardova univerzita. Studie se soustředí na některé významné momenty ve filosofově životě a pokouší se je zdůraznit jako klíč k porozumění Whiteheadovu celoživotnímu projektu. (...) Na samotném závěru je dodáno několik poznámek o recepci Whiteheadových myšlenek v česko-slovenském myšlenkovém milieu. (shrink)

Stať se snaží analyzovat myšlenky málo známého rukopisu Sigmunda Freuda z roku 1895, v němž usiloval o nalezení biologických základů lidské psychiky. Tato práce je pozoruhodná ze dvou důvodů. Jednak představuje úvahy, které se výrazně od- lišují od toho, co je pro Freuda v oblasti psychologie tak typické. Freud se zde, až na výjimky, nezabývá psychoanalýzou či studiemi o hysterii, nýbrž popisuje, co by mohlo být základem těchto psychologických jevů na neurofyziologické úrovni. Druhým pozoruhodným faktem je, že tento manuskript byl (...) pozapome- nut až do poloviny 20. století, kdy byl vytištěn pod názvem Projekt vědecké psychologie. A jak je známo, neurofyziologická studia lidské mysli spojená s analýzou kognitivních funkcí se v ri- gorózní podobě objevují až na počátku 60. let. Stať se proto pokouší ukázat základní principy Projektu a naznačit, v čem byl Freud inspirativním průkopníkem moderních neurofyziologických přístupů k lidské mysli. (shrink)

This is a report on the Doctoral Consortium co-located with the 17th International Conference on Artificial Intelligence and Law in Montreal.

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)

Post-truth is described as a phenomenon existing at the public sphere, which consists in special emphasis on the ideologic aspect of expression, while at the same time marginalizing aspect of facts. it seems that in looking for the reasons for this behavior, statement that this practice is simply more effective is insufficient. It's not possible to describe well the phenomenon of post-truth without analyzing transformations of the epistemological plane from which the phenomenon of post-judgment emerged. One of the most important (...) moments in history that could serve as a point of reference for these considerations may be the modern project, which was especially developed in philosophy of Immanuel Kant. His epistemology, based on Enlightend Reason, says that objective truths may be obtained through empirical cognition. The rejection of this approach can be linked to the fragmentation of the Logos, which consisted in the recognition that there is no point of reference capable of guaranteeing and justifying the only true, objective cognition. Thus it seems that the fact, that in public debates rhetoric wins over dialectic, is closely related to the transformations that have taken place on the philosophical plane. (shrink)

„O pełnej znajomości prawa można mówić tylko wówczas, gdy zna się prawo i wytworzone przez praktykę reguły posługiwania się nim” – pisał swego czasu Marek Zirk-Sadowski. Pogląd ten wiąże się z niezwykle istotnym sporem o kryterium poprawności dokonywanej przez sędziów wykładni prawa. Zlokalizowanie takiego kryterium wydaje się być szczególnie ważne choćby ze względu na zawartą w naszym systemie prawnym konieczność realizowania zasady trójpodziału władzy, zgodnie z którą w procesie stosowania prawa nie może dochodzić do tzw. kryptoprawotwórstwa. Celem niniejszego tekstu jest (...) zaprezentowanie wybranych koncepcji poprawności wykładni prawa oraz ich krytyka w świetle neopragmatyzmu Stanley'a Fisha, filozofa prawa oraz profesora literaturoznawstwa, którego głównym przedmiotem refleksji był problem interpretacji. Filozofia amerykańskiego neopragmatysty opiera się na dwóch koncepcjach: reader-response criticism i wspólnotach interpretacyjnych. Reader-response criticism polega na skupieniu się na afektywnym aspekcie procesu interpretacji, uznając czytelnika za kluczową instancję tego procesu; koncepcja wspólnot interpretacyjnych z kolei ma wytłumaczyć, dlaczego podmiot interpretuje w taki a nie inny sposób. Zaproponowana przez Fisha metoda pozwala uznać, że de facto jedynym możliwym kryterium poprawności wykładni są inne decyzje sędziowskie. W świetle powyższych uwag wydaje się zasadnym stwierdzenie, że podejście Fisha umożliwia pogłębienie refleksji na temat jednej z kluczowych kwestii zarówno dla praktyki jak i teorii prawniczej, tj. poprawności wykładni prawa. (shrink)