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AHEAD OF PRINT

Volume 66 (2021): Issue 4 (December 2021)

Volume 66 (2021): Issue 3 (December 2021)

Volume 66 (2021): Issue 2 (December 2021)

Volume 66 (2021): Issue 1 (December 2021)

Volume 65 (2020): Issue 1 (December 2020)

Volume 64 (2020): Issue 1 (December 2020)

Volume 63 (2020): Issue 1 (September 2020)

Volume 62 (2020): Issue 1 (June 2020)

Volume 61 (2020): Issue 1 (March 2020)

Volume 60 (2019): Issue 1 (December 2019)

Volume 59 (2019): Issue 1 (September 2019)

Volume 58 (2019): Issue 1 (June 2019)

Volume 57 (2019): Issue 1 (March 2019)

Volume 56 (2018): Issue 1 (December 2018)

Volume 55 (2018): Issue 1 (September 2018)

Volume 54 (2018): Issue 1 (June 2018)

Volume 53 (2018): Issue 1 (March 2018)

Volume 52 (2017): Issue 1 (December 2017)

Volume 51 (2017): Issue 1 (September 2017)

Volume 50 (2017): Issue 1 (June 2017)

Volume 49 (2017): Issue 1 (March 2017)

Volume 48 (2016): Issue 1 (December 2016)

Volume 47 (2016): Issue 1 (December 2016)

Volume 46 (2016): Issue 1 (September 2016)

Volume 45 (2016): Issue 1 (June 2016)

Volume 44 (2016): Issue 1 (March 2016)

Volume 43 (2015): Issue 1 (December 2015)

Volume 42 (2015): Issue 1 (September 2015)

Volume 41 (2015): Issue 1 (June 2015)

Volume 40 (2015): Issue 1 (March 2015)

Volume 39 (2014): Issue 1 (December 2014)

Volume 38 (2014): Issue 1 (September 2014)

Volume 37 (2014): Issue 1 (June 2014)
Mechanisms and Methods of Decision Making / Ed. by Ewa Roszkowska

Volume 36 (2014): Issue 1 (March 2014)

Volume 35 (2013): Issue 1 (December 2013)

Volume 34 (2013): Issue 1 (October 2013)

Volume 33 (2013): Issue 1 (August 2013)

Volume 32 (2013): Issue 1 (May 2013)

Journal Details
Format
Journal
eISSN
2199-6059
ISSN
0860-150X
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

Volume 52 (2017): Issue 1 (December 2017)

Journal Details
Format
Journal
eISSN
2199-6059
ISSN
0860-150X
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

17 Articles
Open Access

Mechanisms of Formation of Human Culture in Education

Published Online: 24 Apr 2018
Page range: 9 - 20

Abstract

Abstract

The relevance of the research problem lies in the necessity of an axiological approach to the formation of the personality in education and the task of strengthening the ideal image of the function. The aim of this article is studying and understanding the culture of personality formation mechanisms in relation to future specialists. The leading method of research was the theoretical analysis of philosophical and cultural approaches to the cultural formation of the personality and to the content of human culture. Content analysis was based on the philosophical and cultural concepts of V. S. Bibler, M. Buber, J. G. Herder, I. Kant, L. N. Kogan, D. S. Likhachev, A. Schweitzer, M. Scheler, and others. The experiment method was the experimental realization of formation stages of the future specialist as a person of culture, which allowed revealing the positive role of cultural mechanisms in this process. The result is the stages of human culture formation as well as mechanisms for their implementation. The article may be useful for specialists of the educational sphere, social philosophers, and culturologists.

Keywords

  • culturally-congruent mechanisms
  • value-semantic mechanism
  • identification
  • value-oriented approach
  • ideal-forming function of education
  • person of culture
Open Access

Between America and Europe – Communicating in the Light of the Spatial Mobility of Poles. Part 1

Published Online: 24 Apr 2018
Page range: 21 - 30

Abstract

Abstract

Emigration from Poland has a rich and complicated history. Also nowadays, international mobility is still a constant element present in the life of Polish society and in worldwide trends. Migrating beyond the borders of a given country has become a feature of contemporary citizens of the world. The new global mobility trends are: globalization, acceleration, diversity and transnationality, feminization (Castles, Miller, 2011). In reference to the issue of the volume, major emphasis was placed on the first of these trends, i.e. globalization. The purpose of this paper is to show how migrants have communicated with members of their families during cumulative dislocations from the late 19th century to modern times. Particular attention was paid to the ways of maintaining contact with family and the country of origin.

Keywords

  • emigration
  • migrants
  • communication
  • history
  • family
Open Access

The Dynamics of Migrant Communication in the Age of Globalization. Part 2

Published Online: 24 Apr 2018
Page range: 31 - 39

Abstract

Abstract

One of the aspects of modern migration is transnationality. Such a community is characterized by physical mobility and economic, cultural, and social transfers; by the functioning of migrants “here and there”, multilateral contacts – both family and more often professional contacts – as well as others. The ways of communicating with the country have changed. These changes are due to, inter alia, the progress of telecommunications and communication, the development of new media. Never before in the history of the development of international movements have there been so many opportunities for maintaining contact between spatially disconnected persons. Therefore, the purpose of addressing the problem of migrant communication in the last few decades is to show their change, their dynamics, and the role that they play in maintaining family ties and across borders.

Keywords

  • migration
  • globalization
  • transnationality
  • communication
Open Access

Language as an Instrument for Dispute Resolution in Modern Justice

Published Online: 24 Apr 2018
Page range: 41 - 56

Abstract

Abstract

The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.

Keywords

  • legal language
  • Alternative Dispute Resolution
  • communication in dispute
  • dispute resolution
  • oral proceedings
Open Access

Polish “Entrepreneur” and EU “Undertaking”: Multilingualism and Differences in Legal Identification

Published Online: 24 Apr 2018
Page range: 57 - 71

Abstract

Abstract

The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU?

Keywords

  • entrepreneur
  • undertaking
  • identification
  • different concepts
  • European Union
  • EU member-state
Open Access

The Unification of Terminology in Terms of Impact of Employees on Decisions Taken in European Business Entities and Polish Law

Published Online: 24 Apr 2018
Page range: 73 - 85

Abstract

Abstract

One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational legal system, it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace.

Keywords

  • industrial relations
  • involvement of employees
  • European Company
Open Access

The Influence of Information Systems Interoperability on Economic Activity in Poland

Published Online: 24 Apr 2018
Page range: 87 - 104

Abstract

Abstract

In the text, I discuss the abilities and challenges of information systems interoperability. The anticipated and expected result of interoperability is to improve the provision of public utility services to citizens and companies by means of facilitating the provision of public utility services on the basis of a “single window” principle and reducing the costs incurred by public administrations, companies, and citizens, resulting from the efficiency of the provision of public utility services. In the article, the conceptual framework of interoperability is elaborated upon. Moreover, information systems and public registers for entrepreneurs in Poland exemplify whether the interoperability may be applied and, if so, whether interoperability fulfils its targets to the extent of e-Government services for entrepreneurs.

Keywords

  • information systems
  • interoperability
  • European Interoperability Framework
  • entrepreneurs
  • public registers
Open Access

Transplantation is Not Enough..., or on the Concept of Xenotransplantation

Published Online: 24 Apr 2018
Page range: 105 - 116

Abstract

Abstract

The paper presents the emergence of the concept of xenotransplantation which is a relatively new issue in the literature on the subject. It is due to the fact that transplants of animal organs are currently in the experimental phase. The main current problem of transplantology is the shortage of organs; hence, the search for new solutions has become an everyday challenge. If a way for the human body to tolerate animal organs could be found, transplant medicine and humanity would be in a completely different place. The authors introduce the concepts of transplantation and xenotransplantation and their origins, then they raise ethical issues related to this type of organ transplantation. Finally, the authors conclude that xenotransplantations have a chance to be “incorporated” (back again) in the “transplants” category when the experimental phase of xenotransplantation shifts to the implementation stage. Time will tell whether it will be possible.

Keywords

  • transplantation
  • xenotransplantation
  • heterotransplantation
  • medical experiment
Open Access

The Obligation to Terminate A Medical Experiment – Analysis of Legal Regulations

Published Online: 24 Apr 2018
Page range: 117 - 131

Abstract

Abstract

The purpose of the present discussion is to present, reflect upon, and evaluate the effective legal regulations concerning the obligation to terminate a medical experiment. The considerations made herein aim at providing an answer to the question whether the aforesaid legal regulations are clear and sufficient. The said analysis is based on the following source: The Act of 5 December 1996 concerning the Professions of General Practitioner and Dental Practitioner. The regulations concerning the obligation to discontinue a medical experiment, both by the will of the participant and on the physician’s initiative, are of great importance owing to the fact that they guarantee protection of the patients taking part in the experimental study. The provisions implicitly oblige the physician to monitor the patients’ state of health and conduct constant assessment whether or not further carrying on the experiment is expedient and admissible. The legal regulations effective in Poland are explicit and sufficient. Their wording does not raise any considerable reservations. As it appears, the legislature managed to work out appropriate rules so as to minimize the danger zone for the participants of clinical tests and at the same time implement a guarantee that participants’ rights shall be respected.

Keywords

  • medical experiment
  • termination of clinical trial
  • legal regulations
  • medical law
Open Access

Globalization and Education. The Internationalization of Access to Higher Education in Poland – Selected Legal Aspects

Published Online: 24 Apr 2018
Page range: 133 - 142

Abstract

Abstract

Affecting many spheres of social life, globalization also inevitably affects the functioning of higher education and the legal status of individuals who intend to apply for admission in a country other than the one where they completed a previous stage of their education. The paper considers selected legal aspects of the access to higher education in Poland, primarily in the context of the internationalization of education, and, thus, the internationalization of the recruitment procedure where individual candidates apply for admission to study on the basis of documents authorizing them to pursue higher education in different legal systems. The background for the reflections is the normative content of the right to education and one of its guarantees, namely the principle of equal access to education – in Poland having the status of a constitutional norm.

Keywords

  • globalization
  • internationalization
  • higher education
  • student recruitment
Open Access

Autism Between the PhD Student and the Promotor. A Case Study

Published Online: 24 Apr 2018
Page range: 143 - 164

Abstract

Abstract

Contemporary societies struggle with the problem of education being inadequate to the reality. The crisis (and, consequently, the deficit) of authorities is present in all levels of education. It seems that the classical vertical mechanism “student-master” should experience a renaissance. Instead of theoretical argumentation, it is worth learning about the case of a particular relationship – between a doctoral student who is a non-speaking autistic person and the promotor who tries to oppose it constructively. Both lawyers (as the cooperation is currently taking place in doctoral law studies) apart from the preparation of the dissertation, are experimenting methodologically, entering the “student-master” relationship with mutual benefit. They are subject to ongoing verification in this area – both domestic and foreign.

Keywords

  • autism
  • disability
  • communication dysfunctions
  • teacher’s authority
  • the “student-master” relation
Open Access

Multilingualism in the EU and Consistency of Private Enforcement of Competition Law: Two Examples from CEE Countries

Published Online: 24 Apr 2018
Page range: 165 - 180

Abstract

Abstract

This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU.

Keywords

  • multilingualism
  • European Union
  • consistency
  • competition law
  • private enforcement
  • public enforcement
  • Damages Directive
  • application of law
  • rule-making
Open Access

Cyber-Aggression as an Example of Dysfunctional Behaviour of the Young Generation in the Globalized World

Published Online: 24 Apr 2018
Page range: 181 - 192

Abstract

Abstract

The objective of this paper is to try to identify the specificity and frequency of cyber-agression as a form of problem behaviour characteristic for the contemporary youth known as Generation Y. Analysis of the results of research conducted among schoolchildren aged 15–16 indicates that cyber-agression is a common phenomenon in the group. It raises the need for reconstruction and re-evaluation of practices and standards developed to date and implemented to address the problematic behaviour of young people through the global network. In the paper, proposals for solutions in this area are presented, which can be used to create future prevention programs aimed at constructive online behaviour and foster rational choice-making regarding the use of the Internet and modern media.

Keywords

  • cyber-aggression
  • problem behaviour
  • globalization
  • youth
Open Access

The Effectiveness of Language Used in E-Learning Courses

Published Online: 24 Apr 2018
Page range: 193 - 205

Abstract

Abstract

The notion of language in e-Learning is still not very clear from a technical as well as semantic point of view. In the era of Information Technology, it is more and more important to unify the principles of language used and its semantic meaning to be more simple and precise when taking into consideration online educational courses. During the last years, e-Learning courses have begun to be popular around the world as during an internet era, we tend to find consolidated information sources on internet rather than in traditional courses which require our physical presence. The crucial issue which makes an e- Learning course function is the language used to transmit all the information to the students in a clear and effective manner. For such language to be considered effective, it is necessary to adjust it to the general standards adopted in an international environment. The notion of a language used in e-Learning also faces some problems as it should be so concise as to be accessible for everybody regardless of gender, nationality, and intellectual level. It is hard to standardise its principles, thus over the years many scientists have tried to unify the top requirements a perfect e-Learning course should have. Nowadays, most of the population should stop considering e-Learning as an alternative form of education and focus on developing new models and structures for education and learning that fully exploit the opportunities of today’s digital revolution. With a laptop, a mobile device and Wi-Fi, you can manage your own e-Learning course, and take courses yourself, at any time and place, in any language. A typical model of an e-Learning course is based on guided self-study with a linear progression through modules consisting of recorded lectures, course literature, written assignments and multiple-choice self-tests. Technology has got an even better solution which consists of standardising the learning process and adopting it to a commonly known level of difficulty which might be expected when considering its use by an average person.

Keywords

  • language
  • e-Learning
  • online courses
Open Access

Attempts for Common Understanding of the Concept of Worker as a Consequence of Globalisation?

Published Online: 24 Apr 2018
Page range: 207 - 227

Abstract

Abstract

Globalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the capacity to agree on coordinated global responses and mechanisms on the basis of international cooperation. Among the basic international organisations which provide solutions for workers who have decided to look for a job in another country, one can generally mention the International Labour Organisation (ILO), the Council of Europe, and the European Union (EU). There is quite a large number of legal acts created in the framework of those organisations, and so we should ask a question if in such a situation we should also try to understand some legal concepts; in our case concepts connected with taking up employment, in a similar way. Even if the answer is positive, another question comes to mind – is it possible to have such definitions in a global world? It is thus not enough to provide legal regulations concerning worker’s rights and obligations if we do not know who exactly should be treated like a worker. The following article will try to answer those questions and simultaneously try to show that globalisation may affect the way certain terms should be understood.

Keywords

  • free movement of workers
  • migrant worker
  • posted worker
  • globalisation
  • worker’s rights and obligations
Open Access

International Responsibility and the Systemic Character of International Law

Published Online: 24 Apr 2018
Page range: 229 - 245

Abstract

Abstract

The question whether international law is a system is one of the modern topics discussed by specialists of international law. The text of P. Saganek poses this question with respect to the rules on international responsibility. The two aims are to establish whether the rules on state responsibility are a system themselves and whether they may prima facie support the idea of international law as such a system. The two prima facie answers are positive. Every violation of international law gives rise to state responsibility if it can be attributed to a state and no circumstance precluding wrongfulness is in place. In this sense the rules on state responsibility form a sub-system supporting the thesis on the systemic nature of international law. On a closer analysis one can encounter several doubts as to both answers. Paradoxically those rules are too ideal, too systemic. The author – without denying the necessity of several if not the majority of the identified rules – refers to a tendency of presenting as law some non-binding documents prepared by expert groups. This is a part of a wider process of ‘paper-law’. In this sense expert groups engage in ‘creating the language’ in which the true subjects of international law are expected to speak.

Keywords

  • responsibility
  • sources of international law
  • general principles of law
Open Access

A Logical Conceptualization of Knowledge on the Notion of Language Communication

Published Online: 24 Apr 2018
Page range: 247 - 269

Abstract

Abstract

The main objective of the paper is to provide a conceptual apparatus of a general logical theory of language communication. The aim of the paper is to outline a formal-logical theory of language in which the concepts of the phenomenon of language communication and language communication in general are defined and some conditions for their adequacy are formulated. The theory explicates the key notions of contemporary syntax, semantics, and pragmatics. The theory is formalized on two levels: token-level and type-level. As such, it takes into account the dual – token and type – ontological character of linguistic entities. The basic notions of the theory: language communication, meaning and interpretation are introduced on the second, type-level of formalization, and their required prior formalization of some of the notions introduced on the first, token-level; among others, the notion of an act of communication. Owing to the theory, it is possible to address the problems of adequacy of both empirical acts of communication and of language communication in general. All the conditions of adequacy of communication discussed in the presented paper, are valid for one-way communication (sender-recipient); nevertheless, they can also apply to the reverse direction of language communication (recipient-sender). Therefore, they concern the problem of two-way understanding in language communication.

Keywords

  • act communication
  • language communication in general
  • token-type distinction
  • meaning
  • interpretation
  • problem of adequacy of communication
  • formal-logical theory of language communication
17 Articles
Open Access

Mechanisms of Formation of Human Culture in Education

Published Online: 24 Apr 2018
Page range: 9 - 20

Abstract

Abstract

The relevance of the research problem lies in the necessity of an axiological approach to the formation of the personality in education and the task of strengthening the ideal image of the function. The aim of this article is studying and understanding the culture of personality formation mechanisms in relation to future specialists. The leading method of research was the theoretical analysis of philosophical and cultural approaches to the cultural formation of the personality and to the content of human culture. Content analysis was based on the philosophical and cultural concepts of V. S. Bibler, M. Buber, J. G. Herder, I. Kant, L. N. Kogan, D. S. Likhachev, A. Schweitzer, M. Scheler, and others. The experiment method was the experimental realization of formation stages of the future specialist as a person of culture, which allowed revealing the positive role of cultural mechanisms in this process. The result is the stages of human culture formation as well as mechanisms for their implementation. The article may be useful for specialists of the educational sphere, social philosophers, and culturologists.

Keywords

  • culturally-congruent mechanisms
  • value-semantic mechanism
  • identification
  • value-oriented approach
  • ideal-forming function of education
  • person of culture
Open Access

Between America and Europe – Communicating in the Light of the Spatial Mobility of Poles. Part 1

Published Online: 24 Apr 2018
Page range: 21 - 30

Abstract

Abstract

Emigration from Poland has a rich and complicated history. Also nowadays, international mobility is still a constant element present in the life of Polish society and in worldwide trends. Migrating beyond the borders of a given country has become a feature of contemporary citizens of the world. The new global mobility trends are: globalization, acceleration, diversity and transnationality, feminization (Castles, Miller, 2011). In reference to the issue of the volume, major emphasis was placed on the first of these trends, i.e. globalization. The purpose of this paper is to show how migrants have communicated with members of their families during cumulative dislocations from the late 19th century to modern times. Particular attention was paid to the ways of maintaining contact with family and the country of origin.

Keywords

  • emigration
  • migrants
  • communication
  • history
  • family
Open Access

The Dynamics of Migrant Communication in the Age of Globalization. Part 2

Published Online: 24 Apr 2018
Page range: 31 - 39

Abstract

Abstract

One of the aspects of modern migration is transnationality. Such a community is characterized by physical mobility and economic, cultural, and social transfers; by the functioning of migrants “here and there”, multilateral contacts – both family and more often professional contacts – as well as others. The ways of communicating with the country have changed. These changes are due to, inter alia, the progress of telecommunications and communication, the development of new media. Never before in the history of the development of international movements have there been so many opportunities for maintaining contact between spatially disconnected persons. Therefore, the purpose of addressing the problem of migrant communication in the last few decades is to show their change, their dynamics, and the role that they play in maintaining family ties and across borders.

Keywords

  • migration
  • globalization
  • transnationality
  • communication
Open Access

Language as an Instrument for Dispute Resolution in Modern Justice

Published Online: 24 Apr 2018
Page range: 41 - 56

Abstract

Abstract

The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.

Keywords

  • legal language
  • Alternative Dispute Resolution
  • communication in dispute
  • dispute resolution
  • oral proceedings
Open Access

Polish “Entrepreneur” and EU “Undertaking”: Multilingualism and Differences in Legal Identification

Published Online: 24 Apr 2018
Page range: 57 - 71

Abstract

Abstract

The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU?

Keywords

  • entrepreneur
  • undertaking
  • identification
  • different concepts
  • European Union
  • EU member-state
Open Access

The Unification of Terminology in Terms of Impact of Employees on Decisions Taken in European Business Entities and Polish Law

Published Online: 24 Apr 2018
Page range: 73 - 85

Abstract

Abstract

One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational legal system, it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace.

Keywords

  • industrial relations
  • involvement of employees
  • European Company
Open Access

The Influence of Information Systems Interoperability on Economic Activity in Poland

Published Online: 24 Apr 2018
Page range: 87 - 104

Abstract

Abstract

In the text, I discuss the abilities and challenges of information systems interoperability. The anticipated and expected result of interoperability is to improve the provision of public utility services to citizens and companies by means of facilitating the provision of public utility services on the basis of a “single window” principle and reducing the costs incurred by public administrations, companies, and citizens, resulting from the efficiency of the provision of public utility services. In the article, the conceptual framework of interoperability is elaborated upon. Moreover, information systems and public registers for entrepreneurs in Poland exemplify whether the interoperability may be applied and, if so, whether interoperability fulfils its targets to the extent of e-Government services for entrepreneurs.

Keywords

  • information systems
  • interoperability
  • European Interoperability Framework
  • entrepreneurs
  • public registers
Open Access

Transplantation is Not Enough..., or on the Concept of Xenotransplantation

Published Online: 24 Apr 2018
Page range: 105 - 116

Abstract

Abstract

The paper presents the emergence of the concept of xenotransplantation which is a relatively new issue in the literature on the subject. It is due to the fact that transplants of animal organs are currently in the experimental phase. The main current problem of transplantology is the shortage of organs; hence, the search for new solutions has become an everyday challenge. If a way for the human body to tolerate animal organs could be found, transplant medicine and humanity would be in a completely different place. The authors introduce the concepts of transplantation and xenotransplantation and their origins, then they raise ethical issues related to this type of organ transplantation. Finally, the authors conclude that xenotransplantations have a chance to be “incorporated” (back again) in the “transplants” category when the experimental phase of xenotransplantation shifts to the implementation stage. Time will tell whether it will be possible.

Keywords

  • transplantation
  • xenotransplantation
  • heterotransplantation
  • medical experiment
Open Access

The Obligation to Terminate A Medical Experiment – Analysis of Legal Regulations

Published Online: 24 Apr 2018
Page range: 117 - 131

Abstract

Abstract

The purpose of the present discussion is to present, reflect upon, and evaluate the effective legal regulations concerning the obligation to terminate a medical experiment. The considerations made herein aim at providing an answer to the question whether the aforesaid legal regulations are clear and sufficient. The said analysis is based on the following source: The Act of 5 December 1996 concerning the Professions of General Practitioner and Dental Practitioner. The regulations concerning the obligation to discontinue a medical experiment, both by the will of the participant and on the physician’s initiative, are of great importance owing to the fact that they guarantee protection of the patients taking part in the experimental study. The provisions implicitly oblige the physician to monitor the patients’ state of health and conduct constant assessment whether or not further carrying on the experiment is expedient and admissible. The legal regulations effective in Poland are explicit and sufficient. Their wording does not raise any considerable reservations. As it appears, the legislature managed to work out appropriate rules so as to minimize the danger zone for the participants of clinical tests and at the same time implement a guarantee that participants’ rights shall be respected.

Keywords

  • medical experiment
  • termination of clinical trial
  • legal regulations
  • medical law
Open Access

Globalization and Education. The Internationalization of Access to Higher Education in Poland – Selected Legal Aspects

Published Online: 24 Apr 2018
Page range: 133 - 142

Abstract

Abstract

Affecting many spheres of social life, globalization also inevitably affects the functioning of higher education and the legal status of individuals who intend to apply for admission in a country other than the one where they completed a previous stage of their education. The paper considers selected legal aspects of the access to higher education in Poland, primarily in the context of the internationalization of education, and, thus, the internationalization of the recruitment procedure where individual candidates apply for admission to study on the basis of documents authorizing them to pursue higher education in different legal systems. The background for the reflections is the normative content of the right to education and one of its guarantees, namely the principle of equal access to education – in Poland having the status of a constitutional norm.

Keywords

  • globalization
  • internationalization
  • higher education
  • student recruitment
Open Access

Autism Between the PhD Student and the Promotor. A Case Study

Published Online: 24 Apr 2018
Page range: 143 - 164

Abstract

Abstract

Contemporary societies struggle with the problem of education being inadequate to the reality. The crisis (and, consequently, the deficit) of authorities is present in all levels of education. It seems that the classical vertical mechanism “student-master” should experience a renaissance. Instead of theoretical argumentation, it is worth learning about the case of a particular relationship – between a doctoral student who is a non-speaking autistic person and the promotor who tries to oppose it constructively. Both lawyers (as the cooperation is currently taking place in doctoral law studies) apart from the preparation of the dissertation, are experimenting methodologically, entering the “student-master” relationship with mutual benefit. They are subject to ongoing verification in this area – both domestic and foreign.

Keywords

  • autism
  • disability
  • communication dysfunctions
  • teacher’s authority
  • the “student-master” relation
Open Access

Multilingualism in the EU and Consistency of Private Enforcement of Competition Law: Two Examples from CEE Countries

Published Online: 24 Apr 2018
Page range: 165 - 180

Abstract

Abstract

This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU.

Keywords

  • multilingualism
  • European Union
  • consistency
  • competition law
  • private enforcement
  • public enforcement
  • Damages Directive
  • application of law
  • rule-making
Open Access

Cyber-Aggression as an Example of Dysfunctional Behaviour of the Young Generation in the Globalized World

Published Online: 24 Apr 2018
Page range: 181 - 192

Abstract

Abstract

The objective of this paper is to try to identify the specificity and frequency of cyber-agression as a form of problem behaviour characteristic for the contemporary youth known as Generation Y. Analysis of the results of research conducted among schoolchildren aged 15–16 indicates that cyber-agression is a common phenomenon in the group. It raises the need for reconstruction and re-evaluation of practices and standards developed to date and implemented to address the problematic behaviour of young people through the global network. In the paper, proposals for solutions in this area are presented, which can be used to create future prevention programs aimed at constructive online behaviour and foster rational choice-making regarding the use of the Internet and modern media.

Keywords

  • cyber-aggression
  • problem behaviour
  • globalization
  • youth
Open Access

The Effectiveness of Language Used in E-Learning Courses

Published Online: 24 Apr 2018
Page range: 193 - 205

Abstract

Abstract

The notion of language in e-Learning is still not very clear from a technical as well as semantic point of view. In the era of Information Technology, it is more and more important to unify the principles of language used and its semantic meaning to be more simple and precise when taking into consideration online educational courses. During the last years, e-Learning courses have begun to be popular around the world as during an internet era, we tend to find consolidated information sources on internet rather than in traditional courses which require our physical presence. The crucial issue which makes an e- Learning course function is the language used to transmit all the information to the students in a clear and effective manner. For such language to be considered effective, it is necessary to adjust it to the general standards adopted in an international environment. The notion of a language used in e-Learning also faces some problems as it should be so concise as to be accessible for everybody regardless of gender, nationality, and intellectual level. It is hard to standardise its principles, thus over the years many scientists have tried to unify the top requirements a perfect e-Learning course should have. Nowadays, most of the population should stop considering e-Learning as an alternative form of education and focus on developing new models and structures for education and learning that fully exploit the opportunities of today’s digital revolution. With a laptop, a mobile device and Wi-Fi, you can manage your own e-Learning course, and take courses yourself, at any time and place, in any language. A typical model of an e-Learning course is based on guided self-study with a linear progression through modules consisting of recorded lectures, course literature, written assignments and multiple-choice self-tests. Technology has got an even better solution which consists of standardising the learning process and adopting it to a commonly known level of difficulty which might be expected when considering its use by an average person.

Keywords

  • language
  • e-Learning
  • online courses
Open Access

Attempts for Common Understanding of the Concept of Worker as a Consequence of Globalisation?

Published Online: 24 Apr 2018
Page range: 207 - 227

Abstract

Abstract

Globalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the capacity to agree on coordinated global responses and mechanisms on the basis of international cooperation. Among the basic international organisations which provide solutions for workers who have decided to look for a job in another country, one can generally mention the International Labour Organisation (ILO), the Council of Europe, and the European Union (EU). There is quite a large number of legal acts created in the framework of those organisations, and so we should ask a question if in such a situation we should also try to understand some legal concepts; in our case concepts connected with taking up employment, in a similar way. Even if the answer is positive, another question comes to mind – is it possible to have such definitions in a global world? It is thus not enough to provide legal regulations concerning worker’s rights and obligations if we do not know who exactly should be treated like a worker. The following article will try to answer those questions and simultaneously try to show that globalisation may affect the way certain terms should be understood.

Keywords

  • free movement of workers
  • migrant worker
  • posted worker
  • globalisation
  • worker’s rights and obligations
Open Access

International Responsibility and the Systemic Character of International Law

Published Online: 24 Apr 2018
Page range: 229 - 245

Abstract

Abstract

The question whether international law is a system is one of the modern topics discussed by specialists of international law. The text of P. Saganek poses this question with respect to the rules on international responsibility. The two aims are to establish whether the rules on state responsibility are a system themselves and whether they may prima facie support the idea of international law as such a system. The two prima facie answers are positive. Every violation of international law gives rise to state responsibility if it can be attributed to a state and no circumstance precluding wrongfulness is in place. In this sense the rules on state responsibility form a sub-system supporting the thesis on the systemic nature of international law. On a closer analysis one can encounter several doubts as to both answers. Paradoxically those rules are too ideal, too systemic. The author – without denying the necessity of several if not the majority of the identified rules – refers to a tendency of presenting as law some non-binding documents prepared by expert groups. This is a part of a wider process of ‘paper-law’. In this sense expert groups engage in ‘creating the language’ in which the true subjects of international law are expected to speak.

Keywords

  • responsibility
  • sources of international law
  • general principles of law
Open Access

A Logical Conceptualization of Knowledge on the Notion of Language Communication

Published Online: 24 Apr 2018
Page range: 247 - 269

Abstract

Abstract

The main objective of the paper is to provide a conceptual apparatus of a general logical theory of language communication. The aim of the paper is to outline a formal-logical theory of language in which the concepts of the phenomenon of language communication and language communication in general are defined and some conditions for their adequacy are formulated. The theory explicates the key notions of contemporary syntax, semantics, and pragmatics. The theory is formalized on two levels: token-level and type-level. As such, it takes into account the dual – token and type – ontological character of linguistic entities. The basic notions of the theory: language communication, meaning and interpretation are introduced on the second, type-level of formalization, and their required prior formalization of some of the notions introduced on the first, token-level; among others, the notion of an act of communication. Owing to the theory, it is possible to address the problems of adequacy of both empirical acts of communication and of language communication in general. All the conditions of adequacy of communication discussed in the presented paper, are valid for one-way communication (sender-recipient); nevertheless, they can also apply to the reverse direction of language communication (recipient-sender). Therefore, they concern the problem of two-way understanding in language communication.

Keywords

  • act communication
  • language communication in general
  • token-type distinction
  • meaning
  • interpretation
  • problem of adequacy of communication
  • formal-logical theory of language communication

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