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Freedom and Religion: A Realistic Correlation

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Stępień K.
Studia Gilsoniana
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2021
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vol. 10
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issue 1
181–205
EN
The article points to voluntarism as a tendency in the history of philosophy, which consists in the theoretical justification for the phenomenon of the absolutization of freedom. This phenomenon also occurs in practical life, where freedom is no longer understood as freedom to truth and goodness enjoyed within the limits of natural law, but as negative freedom, i.e., as a space of free choices made without any determination, limitation and coercion (sometimes understood as any external influence on the individual, even cultural or educational), as privacy, or ultimately as complete independence from one’s own nature, from the world and other persons. The absence of natural limitations to human freedom leads to its absolutization and permissiveness, and consequently results in attempts by the state and the law to limit it which, in turn, leads to its negation. However, the conflict between freedom and nature, nature and culture, freedom and law is illusive. The article points out: 1) the essence of human freedom, 2) a synthesis of freedom and religion in the form of the right to religious freedom, and 3) threats to freedom and religion from atheism, fideism, sentimentalism and individualism. What defends against the reductionist account of freedom and religion is a realistic philosophy that indicates the rational and objective character of freedom and religion.
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Mieczysław A. Krąpiec’s Metaphysics of Law

100%
Stępień K.
Studia Gilsoniana
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2021
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vol. 10
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issue 4
915-941
EN
The subject of interest of the philosophy (metaphysics) of law developed by Mieczysław A. Krąpiec is the existence of natural law, the ways in which the content of this law is formulated, the basis of established law and justice, the relationship between established law and natural law, and the conditions of law’s implementation in various communities. Krąpiec proposed, firstly, a realistic interpretation of law as a real and interpersonal relation; secondly, a concept of the analogical natural law; and thirdly, the interpretation of human rights as ways of realizing the personal nature of the human being—as the ways which are found in the social context and proclaimed particularly in the form of the Universal Declaration of Human Rights (1948). Concerning the philosophy of politics, Krąpiec considered the issue of the sovereignty of the human person in relation to sovereignty of society, nation, and the State, as well as the issue of politics understood as the realization of the common good in a prudent manner. Krąpiec also referred to the Polish tradition of defending the rights of nations, thus building the foundations of the philosophy of nation.
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Nagroda wypłacana sportowcowi, a składnik majątku małżonków. Glosa do wyroku Sądu Najwyższego z dnia 23 maja 2013 r., I CSK 515/12

100%
Stępień K.
Studia Prawnicze: rozprawy i materiały
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2017
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issue 1(20)
231-239
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