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Searching for Selfhood: Ricoeur’s Recognition and Cavellian Acknowledgment

100%
Chrzanowska K.
Ethics in Progress
|
2016
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vol. 7
|
issue 1
199-213
EN
Ricoeur's theory of narrative identity is not his last word when it comes to philosophy of selfhood. This paper aims to outline how the findings of one of Ricoeur's final books, The Course of Recognition fit into Ricoeur’s philosophy of selfhood, and to do so by comparing Ricoeur’s analyses of the concept of recognition and Stanley Cavell’s explorations of the idea of acknowledgment. Cavell, much of whose philosophy investigates “the extent to which my relation to myself is figured in my relation to my words,” can show recognition to be not only the gaining of knowledge, but the outward affirmation, acceptance, agreement to that knowledge (in language). That requirement of outwardness, of intersubjectivity, is what makes acknowledgment crucial for theories of selfhood. 
2

Umowne uznanie długu

84%
Wielgus K.
Kwartalnik Prawa Prywatnego
|
2020
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vol. 29
|
issue 2
199-284
EN
The contractual acknowledgment of a debt is widely recognised and applied in continental legal systems. However, there are great differences between them as regards the effects brought about by the above-mentioned legal act. One can distinguish three different legal models of the contractual acknowledgment of a debt. The distinction is made based on the effects such acknowledgment can bring about in certain legal system. First, the acknowledgment of a debt, as a stipulation in the Roman law, can create a new obligation, which is or is not independent from a prior obligation that is the subject of this acknowledgment (constitutive and abstractive or causal effect). Furthermore, there is also the type of the acknowledgment of a debt that does not create ‘new and (in)dependent legal obligation’, but that serves to settle a conflict. Both these subtypes can be classified as a substantive law model (I). This model has been applied in §§ 780 and 781 BGB (The German Civil Code). On the other hand, there is the acknowledgment of a debt that mainly impacts the civil proceedings – it specifically reverses the burden of proof or waives a party's pleas. This can be classified as a process law model (II). This model has been applied in the former Article 1132 CN (The Code Napoleon). The third and last model is based on both above-mentioned models and constitutes their combination (a substantive-procedural law model). It has been applied in Article 17 OR (The Swiss Obligation Code). The aim of this paper is to analyse which of the above-mentioned models of the contractual acknowledgment of a debt has been applied in the Polish Civil Code. In particular, it discusses whether the parties to such contract are able to create a new obligation (constitutive effect) and whether it is an abstractive or a causal one. The paper also contains the analysis of the declaratory and causal acknowledgment of a debt which is referred to in the German legal system as the Feststellungvertrag. It determines whether such subtype of a contractual acknowledgment is acceptable under the Polish Civil Code. Moreover, the paper also raises legal issues concerning the form and classification of the contractual acknowledgment of a debt and its impact on limitation.
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