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  1. 2 Przegląd Zachodni

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  1. 2 Pilch W.

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  1. 1 2008

  2. 1 2007

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MORAL BORDERS IN A STATE INSTITUTION

100%
Pilch W.
Przegląd Zachodni
|
2008
|
issue 3(328)
65-80
EN
The border between what is human - man's inalienable and inherent rights and needs - and what is public - institutionalization of human life in the state, reaches down to the very basis of the axiological and normative system underlying the legal order of the institution of the state. This border consists in the almost 'barring' character of normative acts of state institutions which often lack public transparency, and in extreme cases are even contradictory to the endeavors of democratic countries (e.g. clarity, accessibility and openness of the principles and rules, norms and values that underlie the governing of the state). The value of democracy lies in its normative acts, so-called metaregulations or universal principles from which all other acts of state law and order originate. The bond between morality and state institution - disrupted and underestimated in history - actually does exist. The question is: Is the dependence and bond between morality and the state reflected and present in the process of creating democratic, legal acts of the state and institutions of state administration?
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RESPONSIBILITY OF THE INDIVIDUAL AND OF THE ORGANIZATION

100%
Pilch W.
Przegląd Zachodni
|
2007
|
issue 4(325)
172-186
EN
Organization has always accompanied human beings in their social life. The goal for which people unite into various forms of organization defines its nature, e.g.: from tribal to political (Hobbes' state), social (Tönnies' 'Gemeinschaft and Gesellschaft') or institutional-beaurocratic (Weber's bureaucracy). The role and place of humans in the organization have changed over time, just as personal responsibility within the organization, up to the present situation when individual responsibility (moral responsibility) is 'concealed' behind a façade of regulations, procedures and formal decrees. What is needed today is not merely transparency of the law and its principles, but perhaps above all a transparency of human interests and motives. Although positive and codified law of the organization: rational, predictable and open, replaces the old natural 'laws and powers' (called 'divine' or 'magical' by some), this does not allow or justify an obliteration of individual and moral responsibility. The article deals with human propensities to 'cope with' responsibility or its dispersion, even evasion. The author takes up the problems of legitimation, institutionalization and formal procedures, all of which are troublesome issues for scientific-cognitive discourse, involving a controversy over what counts as part of institution and what as organization. Attention is drawn to a crucial though often overlooked distinction between stability and repeatability of social behaviour (social institutions) on the one hand, and stability of social structure (social organizations) on the other. Such reflection deliberately exceeds the bounds of sociology, as it also uses the critical-normative framework of philosophy, and this ultimately justifies its final normative and social postulates.
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