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Detalles de la revista
Formato
Revista
eISSN
2299-0518
Publicado por primera vez
03 Oct 2014
Periodo de publicación
4 veces al año
Idiomas
Inglés

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Volumen 7 (2018): Edición 3 (September 2018)

Detalles de la revista
Formato
Revista
eISSN
2299-0518
Publicado por primera vez
03 Oct 2014
Periodo de publicación
4 veces al año
Idiomas
Inglés

Buscar

6 Artículos
Acceso abierto

Preface: Ideas and Society on the 150th Anniversary of the Birth of Leon Petrażycki

Publicado en línea: 07 Nov 2018
Páginas: 3 - 4

Resumen

Abstract

It is a Preface to Volumes 7:3 and 7:4 (2018) consisting of articles presented at the International Interdisciplinary Conference Ideas and Society on the 150th anniversary of the birth of Leon Petrażycki, held on November 24, 2017, in Rzeszów, Poland.

Palabras clave

  • Leon Petrażycki
  • cognitive science
  • law
  • philosophy
Acceso abierto

What is Offered to the Modern Science by Leon Petrażycki? (Following Three Descriptions of Legal Principles)

Publicado en línea: 07 Nov 2018
Páginas: 5 - 10

Resumen

Abstract

The aim of this paper is to outline the general oversight of the concept of law in Leon Petrażycki’s legal theory. On the example of the principles of law, an attempt was made to answer the question, what Petrażycki’s theory proposes to modern science. In the first part of the presentation, the Author presented the current state of theoretical knowledge in the field of principles of law. The attention was paid to the problem of various characteristics of legal principles. In further considerations, an attempt was made to answer the question about adoption of models proposed by Petrażycki in the contemporary theoretical discourse. The summary presents general conclusions of the paper.

Palabras clave

  • Leon Petrażycki
  • legal principles
  • official law
  • intuitive law
  • scientific policy of law
Acceso abierto

Expert Knowledge: Its Structure, Functions and Limits

Publicado en línea: 07 Nov 2018
Páginas: 11 - 20

Resumen

Abstract

Expert knowledge - a concept associated with Ryle’s distinction of knowledgethat and knowledge-how - functions in distinct areas of knowledge and social expertise. Consisting of both propositional (declarative) and procedural (instrumental) knowledge, expertise is performative in its essence. It depends not only on expert’s experience and cognitive competences, but also on his or her social and institutional position. The paper considers the role of heuristic and intuitional abilities, including particular experts’ cognitive biases, as the vital and indispensable part of expertise. On the basis of selected managerial and juridical examples (procedures, standards, norms and institutional regulations) it analyzes the epistemological issues: the autonomy versus dependence of expert knowledge as well as the influence of social-cognitive circumstances on expertise.

Palabras clave

  • expert knowledge
  • expertise
  • intuition
  • biases
  • heuristics
  • Daniel Kahneman
Acceso abierto

Intuitive Law in the Light of Independent Ethics

Publicado en línea: 07 Nov 2018
Páginas: 21 - 30

Resumen

Abstract

The conception of the paper is connected with bringing forward the reflection of Leon Petrażycki on intuitive law. For this purpose I analyze the genesis and dynamics of this phenomenon on the cultural-historical level, as well as with reference to issues belonging to the scope of positive law. In addition, I broaden the research field with the range of problems touching on intuitionism, morality, and also independent ethics of Janusz Kotarbinski. The starting point of the methodological optics I assume is constituted by the multi-aspectual transformations surrounding us in the sphere of axiology. Hence, if the pedagogical aspects are taken into account, it seems to me justified to undertake some actions in order to search for the logically consistent, sensible and universal solutions, which can become an ethical guide-post for the contemporary human being.

Palabras clave

  • independent ethics
  • intuitionism
  • morality
  • intuitive law
  • ethical education
Acceso abierto

Falsification of the Theory of Legal Rules and Legal Standards of Ronald Dworkin Using the Methodological Foundations of the Theory of Law and Morality of Leon Petrażycki

Publicado en línea: 07 Nov 2018
Páginas: 31 - 38

Resumen

Abstract

Efficient thinking is the foundation of efficient operation. The correct definition of concepts, especially the basic ones for a given field, in order to reach the truth, is a condition for the development of science and its social utility. The Petrażycki’s research methodology of law is a thoroughly modern method, as it enables effective examination of the accuracy of contemporary legal theories created after Petrażycki’s input. A model contemporary theory susceptible to an examination through the research methodology of law by Petrażycki is the normative theory of legal rules and non-legal standards by Dworkin. For this purpose some falsifications will be subject, i.e. selected ad hoc among many others, two important theories of normative law theory Dworkin. The first one is the thesis classifying legal norms into two groups of norms, namely legal rules and non-legal standards. The second one is a thesis about the existence of who are capable of discovering and issuing lawful and, at the same time, fair (just) court decisions, which are also the only ones for resolving particular court disputes. Unfortunately, owing to the seemingly cognitive research methodology of Petrażycki, both Dworkin’s deformed division of legal norms as well as Dworkin’s Hercules judges - cannot stand the test of authenticity. Due to the Petrażycki’s methodology, the legal-normative theory of Dworkin does not lose an innovative outlook on the existence of social norms, which are being discovered by judges in the jurisprudence, indifferently to the doubts over their proper classification (be it non-legal standards or, perhaps, outright standards supplementing statutory and sub-statutory legal regulations). Moreover, Dworkin’s theory is placed between naive theories, regardless of whether they are considered realistically naive theories (towards the Hercules judges) or nihilistically naive theories (when it comes to the existence of the only judgments in the given court cases which are also the just ones.) A few random reflections on the well-known work of Dworkin with the help of Petrażycki’s methodology serve to provide a new perspective on the contemporary legal normativity.

Palabras clave

  • methodology
  • falsification of theory
  • theory of rules and standards of Dworkin
Acceso abierto

Genesis and Nature of Moral and Legal Norms. Leon Petrażycki’s Naturalistic Solution

Publicado en línea: 07 Nov 2018
Páginas: 39 - 52

Resumen

Abstract

The aim of the paper is to examine the nature of moral and legal norms in a broader context: first, taking into account logical and methodological assumptions, second, in the perspective of psychology of emotions and legal policy. The basic subject of the research carried out by Leon Petrażycki was represented by law. Originally, it had a psychological character, not an objective, eternal, and unchanging one. To fully understand the genesis and nature of morality and law, Petrażycki addressed the study of mental phenomena, especially emotional experiences. First, however, he developed appropriate rules of logic and scientific methodology. Then he developed a new classification of mental phenomena, among which the fundamental role is played by bilateral (passive-active) emotions. At some stage, emotions begin to cooperate with cognitive processes, first of all with imaginations. Imaginations of acts, such as theft, betrayal, murder, can cause repulsive emotions, and type imaginations, such as truthfulness, charity, justice can evoke apulsive emotions. On the basis of such associations, judgments are created over time, the content of which becomes a basis for fundamental rules of conduct, that is, for norms. There are two fundamentally different types of norms: moral norms and legal norms. The norms of the first type are imperative and represent the nature of validity (they are obeyed), while the norms of the second type are imperative-attributive and they also always entitle someone to something, i.e. they give someone a right. This division determines a fundamental difference between morality and law.

Palabras clave

  • law
  • classification of mental phenomena
  • emotions
  • moral norms
  • legal norms
6 Artículos
Acceso abierto

Preface: Ideas and Society on the 150th Anniversary of the Birth of Leon Petrażycki

Publicado en línea: 07 Nov 2018
Páginas: 3 - 4

Resumen

Abstract

It is a Preface to Volumes 7:3 and 7:4 (2018) consisting of articles presented at the International Interdisciplinary Conference Ideas and Society on the 150th anniversary of the birth of Leon Petrażycki, held on November 24, 2017, in Rzeszów, Poland.

Palabras clave

  • Leon Petrażycki
  • cognitive science
  • law
  • philosophy
Acceso abierto

What is Offered to the Modern Science by Leon Petrażycki? (Following Three Descriptions of Legal Principles)

Publicado en línea: 07 Nov 2018
Páginas: 5 - 10

Resumen

Abstract

The aim of this paper is to outline the general oversight of the concept of law in Leon Petrażycki’s legal theory. On the example of the principles of law, an attempt was made to answer the question, what Petrażycki’s theory proposes to modern science. In the first part of the presentation, the Author presented the current state of theoretical knowledge in the field of principles of law. The attention was paid to the problem of various characteristics of legal principles. In further considerations, an attempt was made to answer the question about adoption of models proposed by Petrażycki in the contemporary theoretical discourse. The summary presents general conclusions of the paper.

Palabras clave

  • Leon Petrażycki
  • legal principles
  • official law
  • intuitive law
  • scientific policy of law
Acceso abierto

Expert Knowledge: Its Structure, Functions and Limits

Publicado en línea: 07 Nov 2018
Páginas: 11 - 20

Resumen

Abstract

Expert knowledge - a concept associated with Ryle’s distinction of knowledgethat and knowledge-how - functions in distinct areas of knowledge and social expertise. Consisting of both propositional (declarative) and procedural (instrumental) knowledge, expertise is performative in its essence. It depends not only on expert’s experience and cognitive competences, but also on his or her social and institutional position. The paper considers the role of heuristic and intuitional abilities, including particular experts’ cognitive biases, as the vital and indispensable part of expertise. On the basis of selected managerial and juridical examples (procedures, standards, norms and institutional regulations) it analyzes the epistemological issues: the autonomy versus dependence of expert knowledge as well as the influence of social-cognitive circumstances on expertise.

Palabras clave

  • expert knowledge
  • expertise
  • intuition
  • biases
  • heuristics
  • Daniel Kahneman
Acceso abierto

Intuitive Law in the Light of Independent Ethics

Publicado en línea: 07 Nov 2018
Páginas: 21 - 30

Resumen

Abstract

The conception of the paper is connected with bringing forward the reflection of Leon Petrażycki on intuitive law. For this purpose I analyze the genesis and dynamics of this phenomenon on the cultural-historical level, as well as with reference to issues belonging to the scope of positive law. In addition, I broaden the research field with the range of problems touching on intuitionism, morality, and also independent ethics of Janusz Kotarbinski. The starting point of the methodological optics I assume is constituted by the multi-aspectual transformations surrounding us in the sphere of axiology. Hence, if the pedagogical aspects are taken into account, it seems to me justified to undertake some actions in order to search for the logically consistent, sensible and universal solutions, which can become an ethical guide-post for the contemporary human being.

Palabras clave

  • independent ethics
  • intuitionism
  • morality
  • intuitive law
  • ethical education
Acceso abierto

Falsification of the Theory of Legal Rules and Legal Standards of Ronald Dworkin Using the Methodological Foundations of the Theory of Law and Morality of Leon Petrażycki

Publicado en línea: 07 Nov 2018
Páginas: 31 - 38

Resumen

Abstract

Efficient thinking is the foundation of efficient operation. The correct definition of concepts, especially the basic ones for a given field, in order to reach the truth, is a condition for the development of science and its social utility. The Petrażycki’s research methodology of law is a thoroughly modern method, as it enables effective examination of the accuracy of contemporary legal theories created after Petrażycki’s input. A model contemporary theory susceptible to an examination through the research methodology of law by Petrażycki is the normative theory of legal rules and non-legal standards by Dworkin. For this purpose some falsifications will be subject, i.e. selected ad hoc among many others, two important theories of normative law theory Dworkin. The first one is the thesis classifying legal norms into two groups of norms, namely legal rules and non-legal standards. The second one is a thesis about the existence of who are capable of discovering and issuing lawful and, at the same time, fair (just) court decisions, which are also the only ones for resolving particular court disputes. Unfortunately, owing to the seemingly cognitive research methodology of Petrażycki, both Dworkin’s deformed division of legal norms as well as Dworkin’s Hercules judges - cannot stand the test of authenticity. Due to the Petrażycki’s methodology, the legal-normative theory of Dworkin does not lose an innovative outlook on the existence of social norms, which are being discovered by judges in the jurisprudence, indifferently to the doubts over their proper classification (be it non-legal standards or, perhaps, outright standards supplementing statutory and sub-statutory legal regulations). Moreover, Dworkin’s theory is placed between naive theories, regardless of whether they are considered realistically naive theories (towards the Hercules judges) or nihilistically naive theories (when it comes to the existence of the only judgments in the given court cases which are also the just ones.) A few random reflections on the well-known work of Dworkin with the help of Petrażycki’s methodology serve to provide a new perspective on the contemporary legal normativity.

Palabras clave

  • methodology
  • falsification of theory
  • theory of rules and standards of Dworkin
Acceso abierto

Genesis and Nature of Moral and Legal Norms. Leon Petrażycki’s Naturalistic Solution

Publicado en línea: 07 Nov 2018
Páginas: 39 - 52

Resumen

Abstract

The aim of the paper is to examine the nature of moral and legal norms in a broader context: first, taking into account logical and methodological assumptions, second, in the perspective of psychology of emotions and legal policy. The basic subject of the research carried out by Leon Petrażycki was represented by law. Originally, it had a psychological character, not an objective, eternal, and unchanging one. To fully understand the genesis and nature of morality and law, Petrażycki addressed the study of mental phenomena, especially emotional experiences. First, however, he developed appropriate rules of logic and scientific methodology. Then he developed a new classification of mental phenomena, among which the fundamental role is played by bilateral (passive-active) emotions. At some stage, emotions begin to cooperate with cognitive processes, first of all with imaginations. Imaginations of acts, such as theft, betrayal, murder, can cause repulsive emotions, and type imaginations, such as truthfulness, charity, justice can evoke apulsive emotions. On the basis of such associations, judgments are created over time, the content of which becomes a basis for fundamental rules of conduct, that is, for norms. There are two fundamentally different types of norms: moral norms and legal norms. The norms of the first type are imperative and represent the nature of validity (they are obeyed), while the norms of the second type are imperative-attributive and they also always entitle someone to something, i.e. they give someone a right. This division determines a fundamental difference between morality and law.

Palabras clave

  • law
  • classification of mental phenomena
  • emotions
  • moral norms
  • legal norms

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