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1

NORM OF LAW IN ART. 38 OF THE POLAND'S 1997 CONSTITUTION AS A PRINCIPLE OF LAW

100%
Grabowski R.
Studia Prawnicze
|
2006
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issue 2(168)
31-45
EN
Since the structural transformation (1989-1992) authors still mention the same supreme principles, although a new constitution was resolved in 1997. It seems unlikely that coming into force of the constitution - which differs from the preceding constitutional regulations - has not caused at least minimal changes among constitutional rules of law. The paper focuses on considering if a rule stated in the 38th article of the Polish Constitution is a rule of law. The above regulation providing protection of life, introduced to the Polish legal system by the new constitution, has never been similarly analysed. Article 38 is not only a declaration but also has a practical meaning for proclaiming and applying the law. The regulation directs the Polish legal system at human protection. Ultimately, then, article 38 is a significant constitutional rule. According to the doctrine of constitutional law, such rules are defined as constitutional rules of law. The above rule should be reckoned among substantive rules as it is highly abstract and has a key meaning for the human protection provided by the constitution. This leads to the conclusion that article 38 is essential for determining main objects of the state's activities in terms of a life protection. To sum up, it plays an important role in the Polish legal system.
2

KONTEXTUALIZÁCIA EVIDENCIE O BAYESOVSKOM USUDZOVANÍ V EMPIRICKOM SPORE O RACIONALITU

100%
Sirota M.
Filozofia (Philosophy)
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2008
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vol. 63
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issue 5
417-426
EN
Bayesian reasoning is considered to be the prototype of rational judgment. The differences between the descriptive and normative models of reasoning used to be interpreted as supporting the thesis of the principal irrationality of humans. The paper shows the possible re-interpretations of this research evidence by means of focusing on the contexts of individual differences as well as the context of differences in the experimental environment. Taking into account of these contexts makes the originally pessimistic answer to the question of rationality more optimistic.
3

REASONS, RULES, AND RIGHTS (Rezony, pravyla, prava)

88%
Gnassounou B.
Філософська Думка
|
2009
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issue 4
67-74
EN
Two meanings of the notion of duty are distinguished: the first one refers to practical necessity being an expression of the practical rationality; the second one refers to a normative order of obligations. There were temptations to reduce practical rationality to logic of norms, for example in Kant. Some major difficulties of this kind of analysis were pointed out by V. Descombes. The author explains the impossibility of the reverse reduction that is the reduction of normative notions to one of practical rationality. As a case study the conception of Hobbes is discussed in details. The author argues in favor of an implicit idea presented in Hobbes according to which the rights are conventional human institutions that nevertheless are founded on 'natural' reasoning , that is, as Descombes put it, on 'reasoning which aims the human good'.
4

TEÓRIA SPISOVNÉHO JAZYKA A JAZYKOVEJ KULTÚRY V ČASOPISE SLOVENSKÁ REČ

88%
Kralčák Ľ.
Slovenská reč (Slovak Language)
|
2022
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vol. 87
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issue 3
441 – 480
EN
The article gives an analytical overview of outputs focused on theories of standard language and language culture, published in the Slovenská reč journal. The aim of the paper is to provide an analysis of the development of the theories in the form of a commented summary of relevant theoretical approaches providing fundamental findings with regard to the state of the art in the given period or possible concepts for the development of the theory under study. In this respect, the article is divided in accordance with the time periods of: (a) 1930s and 1940s, (b) from 1950s to 1980s, (c) from 1990s to the present. Within these periods, the author pays special attention to the key contributions, authors’ concepts and current thematic controversies that tended to determine the focus of continuing debates, or were important landmarks in the improvement of the research in the field. The analysis shows that the line of development of theoretical thinking in the field of the Slovak standard language and its culture finds its main supporting points in specific theoretical conceptions of prominent representatives of Slovak linguistics throughout the whole period.
5
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Kodifikace – právo, nebo pravomoc?

75%
Prošek M., Smejkalová; K.
Naše řeč (Our Speech)
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2011
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vol. 94
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issue 5
231-241
EN
This article reviews possible senses of the term “codification” in the Czech linguistic context and outlines the ways in which the authority of linguistic codification is perceived in this context. Particular attention is devoted to the question of whether the authority of Czech linguistic codification is similar to that of executive power. By attempting to answer this question, the authors also approach the question of the codification authority potentially held by the Institute of the Czech Language, the traditional producer of linguistic codification in the Czech context. The authors confront passages from Czech linguistic texts concerning codification authority with the way this authority is ascribed to the main Czech codification sources. This confrontation reveals that although the Czech linguistic community perceives the codification authority as highly binding, the codification itself does not have the prerequisites to be so powerful in reality.
6
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POZNÁMKY K TEXTU –VNÍMÁNÍ TEXTU, (NE)PORUŠENÍ OČEKÁVÁNÍ, RECIPIENT VS. AUTOR

75%
Krátky O.
ESPES
|
2020
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vol. 9
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issue 1
49 - 76
EN
The following paper is based on a broad understanding of communication (or the author-text-recipient relation) that considers as text basically anything that has been created within the framework of a cultural interaction by an author and that is perceived by a recipient. The first part of the paper introduces, explains and follows mostly cases in which the author’s violations of the recipient’s expectations have a communication value, i.e. provoke, in the recipient, a communication effect that matches the author’s intentions. In such cases, this effect results as a consequence of an (author-controlled) violation of the communication „cooperative“ principles. This, at the recipient’s end, translates into an event of expectancy violation. Each of such violations provokes an arousal in the recipient, which further motivates him/her to search for its cause. As a part of the conclusion, a commented scheme is presented which offers a spectrum of possible communication outcomes “positioned” between the predictability of each textual element and the (author’s latent) stochasticity of choice. The effort to illustrate all the explained facts results, in the paper, in a rich set of examples stemming from miscellaneous spheres of human activity – from “high (artistic) styles” to rather day-to-day activities, to pop-culture. The objective is to show that the described principles, if not valid in general, permeate at least all forms of interaction.
7

ODSTRAŇOVANIE KONTRADIKTÓRNOSTI NORIEM V APLIKAČNEJ PRAXI A DOKTRÍNA RACIONÁLNEHO ZÁKONODARCU

75%
Hodás M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2011
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vol. 94
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issue 4
365 – 377
EN
Communication in general and the problem of understanding legal norms in particular is a complex process that can be explained by Frege’s semantic triangle as the relationship between objective reality, world of ideas and linguistic sphere. We are witnessing a growing number of laws, which are characterized by low quality and often incoherence, and even contradiction. This situation would seem necessary to use the interpretative doctrine of the rational law-maker, which consists of projecting rationality on the law-maker, respectively on legal norm created by him. This way is eliminated interpretative methods, which would lead to absurd results or contradictory results. At the same time it is created potential for greater credibility of law, increased coherence of law and effectiveness of legal norms. The article refers to the related jurisprudence of constitutional courts of the Slovak Republic, the Czech Republic and Poland.
8
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'Pasjonaci: dewianci, dziwacy, 'normalsi', czyli o roszczeniu uznania normalnosci

75%
Dymarczyk W.
|
2011
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vol. 7
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issue 1
57-72
EN
The article presents the author's attempt to define a particular kind of people who realize various types of interests with a strong commitment - the 'hobbyists'. Primarily open to scrutiny, is how the typical patterns of their careers are being constructed. Moreover, both the significant others' negative reactions to hobbyists' activity, and the reasons of why they act in a certain way are elucidated. Hobbyists' strategies and actions undertaken in order to defend against 'deviants' stigmatization', and their struggle for a status of being 'normal' are presented in (ewentualnie the further parts of) this article. The 'revealed' (lub reconstructed) strategies are: Professionalization of hobbyist's passion; 'Factual' denial of stereotypical view; Dividing 'normal' hobbyists from 'deviant' ones, Underlining one's exceptionality (dramatization) in order to gain the acceptance; Using humor and sarcasm; Distancing from the one's social world.
9
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Nad Dolníkovou Teorií spisovného jazyka o konceptuálních a metodologických problémech ve výzkumu jazykových norem a spisovné variety

63%
Dovalil V.
Slovo a slovesnost: časopis pro otázky teorie a kultury jazyka (Slovo a slovesnost: A journal for the theory of language and language cultivation)
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2012
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vol. 73
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issue 2
135-147
EN
This article, drawing upon Juraj Dolník’s book on the theory of standard language with regard to standard Slovak (2010), concentrates on the question of the sources of standard variety and the problem of objectivity of scientific knowledge. Reconsidering Dolník’s concept of norm critically, it places emphasis on the fact that linguistic norms, as a part of social norms, are constituted in interactions, which helps to explain their indexicality. It also argues that language users are actors in social processes who hold specific social roles, which corresponds to their differing power (and vice versa). Referring to Language Management Theory, the article concludes with some more general arguments in favor of qualitative methodology in the research on linguistic norms and the standard variety.
10
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Normálny stav normy spisovného jazyka

63%
Dolnik J.
Slovo a slovesnost: časopis pro otázky teorie a kultury jazyka (Slovo a slovesnost: A journal for the theory of language and language cultivation)
|
2007
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vol. 68
|
issue 4
256-270
EN
The author poses the question of when the norm of the standard language is in a normal state. This state correlates with a normal state of the users of this language which is based on a genuine feeling of normality. This feeling originates in a basic socialization situation in which an individual acquires a language norm as well as other types of standardization in a natural way. When the 'artificial' standard language appeared, individuals found themselves in a socialization situation in which a language user could not rely on the genuine feeling of normality alone. However, the democratization of the standard language creates conditions for a 'historical' revitalization of the normal state of the user. Still, the revitalization of this state is, in a retarding manner, influenced by an attitude of standardized acceptance towards the codified norm, which is connected with an artificial feeling of normality. The suggestion of normality typical for each standardization has a particularly strong influence. Moreover, from the position of codification, the users are under pressure to enforce the rational perception of the standard language. This pressure leads to the standardization of a 'slave-like' dependence of users on the untouchable nature of a codified norm.
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