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EN
Basing his argumentation on Freud’s essay Civilisation and Its Discontents, the author poses a question about the essence of suffering which appears when the Law of the Father is suspended and no longer protects against the death drive. The author formulates a thesis that in the contemporary social space, abandoned by the Law of the Father, it is disciplinary practices that play a key regulative role, pretending to form the relations based on the law. These practices transform the drive energy of Thanatos, which then finds its embodiment in the everyday lifelessness of bureaucracy, the coolness of rules and the excess hidden beneath them. The answer to this situation is Eros, which drives people to community – yet not so much in the form of a family as of an infinite and noneconomic continuum of local games of love and death.
EN
In this article I ask about the theoretical-methodological consistence between research sub-disciplines, which their creators see as discourses or paradigms that correspond on a general philosophical level. I will base this analysis on the historicalphilosophical examples of certain sociology of knowledge and philosophical anthropology conceptions developed by Max Scheler as part of a broader philosophical theory. Scheler’s intention, which he often articulated in his writings, was to show philosophical anthropology in its role as the categorial foundation of the sociology of knowledge, a reservoir of the philosophical assumptions that underlie sociocognitive theories. The interpretative hypothesis in this article is that a) some parts of Scheler’s sociology of knowledge (the so-called class idol conception) would be very difficult to see as “grounded” in the conceptual model of philosophical anthropology he proposed, and b) that there exists an anthropological standpoint that differs from Scheler’s—Helmuth Plessner’s—and is more logically coherent with the “class idol” idea.
EN
The purpose of the article is to demonstrate that Freud's theory in its late, mature form significantly goes beyond the model associated with the "repressive hypothesis" and thus can potentially be a useful conceptual tool for analyzing the contemporary non-repressive society and the form of subjectivity it creates. To this end, an outline of the development of the Freudian psychoanalytic theory will be presented in relation to the "repressive hypothesis" from the early period of his work, and then move on to the mature work of Freud to discuss its most important elements such as the concept of narcissism, reformulation of the relationship between anxiety and repression and the concept of duality of life and death drives.
EN
This article covers the criminal law assessment of participation in suicide, based on the statutory offense model of regulation concerning driving someone to killing themselves adopted in the Polish Criminal Code of 1997. This deliberation starts with the social and normative perceptions of suicidal behaviour. Arguments concerning the position of the modern legal system, which presumes that suicide is not a criminal act, are presented. The article pays attention to the multiplicity of motivations, starting with arguments on the rights and freedom of an individual, next analysing points of the praxeological, political and criminal character and finishing with elements of a humanitarian nature. Stopping the punishment of suicide in the causative form leads to the exclusion of the possibility of prosecution, which is based on the general rule of the non-causative form of involvement in another person’s suicide. This shows there is a need to criminalise these types of behaviour within the limits of an automatic type of crime. The central theme of this article is the analysis of the ratio legis of criminalisation of driving other person to committing suicide, discussing the form of its implementation and the dogmatic interpretation of its statutory definition, despite there being a lot of doubt found in the legal literature about its interpretation. This article makes an attempt to explain the main points. There are also selected elements of this crime found in foreign regulations based on the construction of certain features of Art. 151 of the Criminal Code. Comparison of the legal status of the incitement to suicide regulations in Polish Law with its equivalent in foreign legal systems allowed the definition of the main rules shaping the crime in modern criminal law and pointed out those rules which appear to be universal. There is also mention of the conclusions de lege ferenda. In the literature there is a very strong emphasis on the lack of statutory definition of the crime in Art. 151 of the Criminal Code. This elaboration makes an attempt to indicate the possible directions of modification of the current shape of the definition of this crime.
PL
W artykule podjęto problem traumy narodzin – zdarzenia, według Ottona Ranka, konstytutywnego dla losu każdego człowieka. Nawiązanie do teorii Errosa,zaproponowanej przez Agatę Bielik-Robson, pozwala ponownie włączyć tę koncepcję w obszar dyskusji na temat kondycji człowieka, dialektyki popędów, życia, śmierci oraz erotyki. Nawiązanie do badań empirycznych z psychologii prenatalnej i perinatalnej ukazuje słabsze strony propozycji Ottona Ranka.
EN
The article discusses the problem of birth trauma, which according to Otto Rank is a constitutive event for the lot of every human being. Reference to the Erros theory, proposed by Agata Bielik-Robson, enables re-including this concept in the area of discussion on the human condition, the dialectic of drives, life, death and eroticism. The reference to empirical research in perinatal psychology shows weaknesses of Otto Rank’s proposal.
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