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Konstituce literárněhistorického pojmu romantismus

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EN
In this article the author considers the use of the term ‘Romanticism’ in the critical -historical discourse that constitutes the study of German and Czech literature, with the aim of establishing the specifi c causes of the inconsistencies in the term. Like the philosopher Ladislav Hejdánek (b. 1927), the author sees the term as cross -section of judgements, and after analyzing German- -studies models of Romanticism (Heinrich Heine, Hermann Hettner, Franz Thomas Bratranek, Rudolf Haym, Wilhelm Scherer), he explains it as a junction of judgements and comparisons of Romanticism to subjectivism, historicism, Roman Catholicism, idealism, aristocratism, and patriotism (nationalism). He also considers the employment of the term in critical -historical thinking on modern Czech Romanticism, from the models of Karel Sabina and Eliška Krásnohorská to the comparative viewpoints of Wiktor Czajewski and Matthias Murko, and all the way to a representative synthesis of the history of Czech literature in the fi rst half of the nineteenth century. The origin of the term in critical practice turns out to be problematic, particularly in the works of the Czech positivists, for example, in pejorative terms like rytířská (chivalrous), klášterní (monastic), and vlašská romantika (pastoral romance), whose function was, in keeping with the understanding of Czech Romanticism as eclecticism, to explain some Czech literary texts (particularly popular literature) from impetuses arising outside the national culture. In positivist models of Czech Romanticism one may legitimately talk even about interferential meanings of words and terms, which manifest themselves negatively in interpretations of canonical texts as well. The discrepancies and ambiguity of the term ‘Romanticism’ as early as in the syntheses of Czech positivists may be explained as a consequence of the variety of judgements on Romanticism, which were based, moreover, on non -literary facts.
EN
The author's tenet is that any account of concept of law as system of rules makes no claim at ethical concepts like the concept of the good, values and aims. In fact the concept of law (in the appropriate sense) excludes all of these ethical concepts. His thesis is based on two theories - H. Hart's social rule theory of law, and J. Searle's theory of social facts - and can be summarized as follows. (1) If we accept that the rules of law and ethics are social rules, then individuals can follow rules if rules can be explained with the help of the concept of knowledge. (2) According to this, individuals can know social and collective institutions by knowing the rules and a statement can be seen as a normative one if someone accepts the survival of the society or community in question as a general aim and the content of the statement can be interpreted according to this aim. (3) This means that the rules of law and conventional ethics allow individuals to know similar institutional facts and since there are a lot of smaller and bigger communities within society, laws cannot be judged based on ethics. (4) Individuals are following the rules of law based on their knowledge of social or collective institutions and their faculty of decision. (5)However, individual knowledge depends on the rules of their smaller and bigger communities. The author's overall aim is to offer arguments for the theory of positivism of law and against the natural law theory in order to show that this kind of positivism is not impossible.
EN
The article presents theory of spontaneous order well-developed and promoted by Friedrich August von Hayek. According to him, the majority of human social institutions, such as 'inter alia' law, language and money was not created as a result of deliberate plan, but evolved spontaneously. For Hayek all conscious and planned attempts to reduce spontaneous social phenomena show the pride of human mind and therefore lead only to disrupt the proper functioning of the community. In fact, the more complex social order, the lower the possibility of conscious control and purposeful organization. Conscious control of social processes leads inevitably to the collapse of law understood as 'the rule of law' and leads us straight to the law understood as an instrument of control over society
EN
Niniejszy artykuł stanowi interpretację eseju Fredericka Harrisona (The Eman-cipation of Women) z 1891 roku opublikowanego na łamach The Fortnightly Review. Swój wywód rozpoczynam od krótkiego szkicu na temat znaczenia, jakie Wiktorianie przypisywali różnicy między kobietą i mężczyzną, koncentrując się na naukach biologicznych, których odkrycia i założenia znalazły odzwierciedlenia w dyskursie społecznym. Nie dziwi więc fakt, że Harrison opiera swoją argumentację na założeniu o niekwestionowanej różnicy biologicznej i wynikających z niej rolach społecznych oraz przekonuje czytelnika, że to właśnie od niej zależy postęp cywilizacji. Degeneracja, którą autor ten pojmuje jako popadnięcie w stan barbarzyństwa, i która jest skutkiem naruszenia różnicy płciowej, w retoryce Harrisona przyjmuje formę tego, co nazywam za Barbarą Spackman, „degenderation”, powiedzmy odrodzajowieniem. U Harrisona oznacza to utratę tego, co stanowi o istocie kobiecości i męskości, a także feminizację mężczyzny, dokonującą się poprzez jego zniżenie się do poziomu ciała i fizjologii. Degeneracja utożsamiona zostaje tutaj z to-samością, choć paradoksalnie, to nie wizja kobiet dorównujących mężczyznom, ale wizja mężczyzn równających się z kobietami oznacza ziszczenie się wizji degeneracji społeczeństwa.
EN
Eugene Véron, the great French aesthetician of the second half of the 19th century, appears among such thinkers of the time as A. Comte, H. Taine, J. M. Guyau or G. Séailles. His work reflects 19th-century tendencies and expresses original aesthetic and philosophical ideas based, among other things, on the positive thought of Comte. His views stand in opposition to the strict rules of academism and at the same time they promote new tendencies in art that include the influence of science on artistic creativity. His expressive theory of art inspired many non-French philosophers, aestheticians, and art critics, such as L. Tolstoy, B. Croce, and B. Prus. Not many remember him at present. His work is a forgotten episode of the contemporary aesthetics which is worth recalling to Polish readers.
EN
The central argument of this article focuses on the dual-nature thesis. This thesis sets up the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual-nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non-positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non-positivism) or, alternatively, is affected in no way at all by moral defects or demerits (super-inclusive legal non-positivism). The dual nature of law is expressed, on the one hand, by the Radbruch formula, which says that extreme injustice is not law, on the other hand, by the correctness argument, which says that law’s claim to correctness necessarily includes a claim to moral correctness. Thus, what the law is depends not only on social facts, but also on what the law ought to be.
Pamiętnik Literacki
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2007
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vol. 98
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issue 1
5-19
EN
Positivism is an epoch and a cultural phenomenon vastly important to understand the socio-cultural modernity and the origin of Polish artistic modernism. Positivist thinking is involved into Enlightenment dialectics - a socio-psychological mechanism described by M. Horkheimer and Th. W. Adorno in their 'Dialectics of Enlightenment' (Dialektik der Aufklärung, 1947). This mechanism, penetrating the modern mentality, leads to the formation of artistic modernism in Europe. The dialectics of Polish positivism (variously treated by Teodor Jeske-Choinski, Zygmunt Szweykowski, and Henryk Markiewicz), analogous to dialectics of Enlightenment, leads to instrumental treatment of reason, reification of a man, and wasting of all sense. Thus, modernism constitute different artistic and ideological reactions to the crisis of positivist rationalism, such as decadence, worship of art, symbolism, utopia, interest in primitive cultures, nationalism, conservatism. The reactions in question appear also in writing and in the thought of the representatives of Polish positivism.
EN
In his numerous books, articles and sermons, John Henry Newman mentioned his philosophical vision of science and his idea of scientific education. He took part in many debates of his times. One of most important was that about role of reason in natural science, philosophy and theology. In this paper the author presents Newman's unique philosophy of science and his idea of placing humanities among natural, medical and formal sciences - which he called 'two circles of knowledge'. As a background is shown Newman's theory of two kinds of reasoning and concept of truth.
EN
The paper deals with the structure of curriculum of the philosophy at Royal Academy in Presburg at the turn of the 20th century. It presents the philosophical systems of three professors of the Academy, who were important representatives of the Hungarian philosophy of that time: the positivism of Imre Pauer, an original philosophical system of Akos Pauler and the conception of 'Geistesgeschichte' of Gyula Kornis.
EN
The article outlines the conception of a multi-centric system of law based on a situation where in the territory of a state the law of given state, the EU law and the law created on the ground of the European Council apply simultaneously, which may result in the existence of contradictory valid and final court decisions. The multi-centric understanding of the system of law exceeds the traditional tension between legal positivism and iusnaturalism. The multi-centric system of law tends to the network configuration, but its subsystems retain their hierarchic structure. The article applies the multi-centric understanding of the system of law, especially to the relationship between the legal order of EU and legal orders of the individual member states, from the view of the European Court of Justice and the Constitutional Court of Poland. The latter bases its doctrine of their relationship on the principles of mutually favourable interpretation, cooperative application. The principle of the interpretation favourable for the European law is however limited. It cannot lead to results which are contrary to the explicit wording of the constitutional rules. In the principle of precedence of the EU law two levels of cogency and application may be distinguished. At the first level the precedence of the constitutions of the member states may be accepted, which will retain their decision-making at the moment of potential collision of EU rules with their own rules. In case of the application of the law the precedence of the EU law, resulting from the principle pacta sunt servanda contained in the Polish Constitution, comes to the foreground, thus the EU law has the application precedence under the Polish Constitution after all.
Sociológia (Sociology)
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2013
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vol. 45
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issue 4
339 – 364
EN
The text discusses the following questions about the origins of sociological theory in the Czech lands: When was it established? Who, where and how participated in the process of its development? Czech sociological theory is divided into general sociological theory, meta-theory, concrete sociological theory and sociological journalism. The most important for current development in sociological theory is the general sociological theory which receives most attention. Czech sociological functionalism is compared with general functionalism (especially with T. Parsons´ theory). The classical sociological theory is considered in relation to contemporary developments in Czech sociology. With regard to the elaboration of general sociological theory, Brno played a more important part than Prague. The 1930s are identified as a period of its full constitution. I. A. Bláha, J. L. Fischer and E. Chalupný were the main figures in the field. The tension between positivism and anti-positivism is a characteristic feature of the Czech classical sociological theory, together with its ethical dimension which is a common feature of Czech thought in general.
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