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EN
This article describes relations between churches and civil government in the following 17th century English colonies in North America: Plymouth, Massachusetts, Connecticut, Rhode Island, New Jersey, Pennsylvania, New York, Maryland and Virginia. It should be marked that in the northern colonies all political communities created at that times were based on a congregationalism. Political rights depended on a status of freeman which was granted if an individual belonged to an approved church. Rhode Island had a special status in this context as this colony was to be characterised by a freedom of religion from its beginning. Such a freedom was also proclaimed in the middle colonies. An original shape of this postulate was assumed in Pennsylvania as documents enacted by this colony did not grant religious privileges to denominations existed there. Religious sphere was pushed aside in the southern colonie mainly because of the economic aims of the colonization of this area. Nonetheless, one can find legal rules embracing orders and prohibitions formulated in the spirit of the Anglican Church. On the basis of colonial constitutional rules following patterns of relations between church and civil government should be indicated: quasi-theocratic with limited freedom of religion, anglican with limited freedom of religion, limited separation with formally guaranted freedom of religion, constitutional separation with formally guaranted freedom of religion and mixed one. Researches presented here were elaborated according to the following methods: an analysis of legal sources and analysis of literature, including materials printed in colonial times.
EN
Siamese twins have always aroused a lot of emotions in the human world. It is related to the fact that they are simply conjoined to each other. Through their unnatural structure, they challenge not only medical or ethical boundaries, but also legal. Some even say that they pose a threat to rooted social values.
EN
Going on a mission undoubtedly constitutes a real threat to the stability of a military family. The fact of being temporarily separated, together with all the related emotional problems, seem to cause a number of dysfunctions in the partners’ relations. The departure of the spouse for a mission is an important social phenomenon which creates a new situation in which the widely acknowledged patterns of family behavior do not guarantee the fulfillment of the family’s needs. Hence, there is a necessity to renegotiate family roles and their scope. In the families of soldiers who go on a mission it is the wife who takes over all the duties and the responsibility for the family’s general wellbeing. They have to face the dull reality: paying the bills, making renovations and bringing up children. When back home, the soldiers take over the man’s responsibilities. From one moment to the next, they have to became fathers, husbands and the heads of their families again. Unfortunately, it is difficult for both spouses to cope with such a situation.
EN
The article presents problems of intellectual intuition in metaphysics from a semiotic point of view. There are various types of intuition in philosophy: rational intuition, irrational intuition, and sensual intuition. All of them are immediate ways of cognition. Classical metaphysics uses intellectual intuition as its main method to find out and justify its statements. The main problem of intellectual intuition is an intersubjective approach to the object of metaphysics. The main aim of this paper is the objectivization and rationalization of intellectual intuition in language. The semantic notion of meaning and the pragmatic notion of understanding are the fundamental tools which are used to translate the issue of intuition from the subject-ma$er level into the language level. This operation allows to look at intuition in a non-psychological manner. It enables the objectivization of the method of intellectual intuition in the light of the understanding of meanings.
EN
Our approach is focused on the issue of the “markers” of absence as well as on the expression and materialization of that absence in a corpus of works formed of the following plays: L’Intruse, Les Aveugles, Intérieur by Maurice Maeterlinck. The acceptions the concept of “absence” may receive throughout our analysis are parts of the phenomenon of progressive alienation seen, for instance, as separation (stressing the idea of distance and departure), or as solitude, then omission (in the sense of forgetting), and culminating with the inability of perception that anticipates isolation, physical imprisonment and announces death (designated through a privative prefix) as an absence that is always present and obscurity. We attempt to reveal the “markers” of absence on the level of certain constituents of the play: the character, formed of a discursive feature, infinitely simple and repetitive, much more diminished and developing without individuality, like a silent, mysterious ghost; and the action where it is rather inaction that represents our primary direction of research. As a secondary direction, we consider the markers of absence in a language that, in the case of Maeterlinck, is remarkably pure and lacks any syntactic or lexical complication, from lexical structures (the reassessment of short expressions makes the utterances seem captivatingly strange, revealing, beyond words, unutterable, unspeakable) and the grammar, especially the semantics of its forms – the 3rd person pronouns, a form we may consider as deprived of referential content, the indefinite pronouns which indicate absence –, the semantics of punctuation, especially that of the suspension points.
EN
Marriage is an institution, through which family as a basic cell of social life is formed, which makes it an object of interest and care for many entities, among them, the state and the Church. Concern about marriage and family shown by the state and the Church is expressed mainly in the development of appropriate legislation to guarantee the permanence of marriage and the rights of the family. However, not all marriages enjoy stability and durability. Especially recently, in our civilization and culture, one can observe more and more split marriages. This article presents the similarities and differences in regulations concerning the separation of spouses in the light of Polish law and Canon law. The analysis of separation, the declaration of nullity of canonical marriage, of the non-existence and nullity of civil marriage, civil divorce, the dissolution of an impeded canonical marriage and, due to the “privilege of faith”, leads to the conclusion, that the greatest systemic protection of the permanence and indissolubility of marriage, apart from separation, which serves the same supreme purpose in both codes of law, is provided by the Canon Law. A marriage entered into by two baptized spouses who fulfilled their wedding vows benefit from the protection of absolute indissolubility. Relative indissolubility can only be enjoyed by those marriages that have either been concluded by the unbaptized persons, or those which have not been consummated. While Polish law, despite the fact that it is based on the principle of the permanence of marriage and calls for the protection of the family founded by the spouses, allows divorces, as well as annulments of marriage once appropriate conditions are met. Thus, the protection of marriage in Polish law is defective.
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EN
The aim of this article is to juxtapose the pastoral care of the divorced who have entered into new relationships and the pastoral care of the divorced or separated who have not remarried. To achieve this aim, it was necessary to make a moral evaluation of both divorce and separation. The assertion that separation, in general, is the ultimate solution to dramatic marital problems, brings out the right shape of these two areas of pastoral ministry. The pastoral care of the separated should offer healing to the emotional wounds left by marital crises and help strengthen the attitude of fidelity in the context of solitude. The pastoral care of the divorced, on the other hand, should involve two directions – encouraging the break up with their partner and to making a commitment to live in chastity. These directions usually apply to two extreme stages of a human life; firstly, to people who have just entered into a new relationship, and secondly, to the elderly or ailing. If none of the above is a choice, the intention of the pastoral response is to spiritually assist, individually or collectively, couples so that they can retain a relationship with the Church. The juxtaposition of the two areas of pastoral ministry shows more clearly some of the challenges and inspires priests to develop a more sensitive morality. It must be remembered, however, that the pastoral care of the divorced-remarried must never compromise fidelity to the marital vows shared by separated people or the divorced who live a single life.
EN
There are a significant number of songs with a ‘broken motif ’, that they are seen as their own category or type of song. But to what extent is the idea of two young people splitting an object and keeping half each, seen as declaration of their undying love? And to what extent are the practical means of recognition after a period of separation, in a world preceding the camera and lacking (for most) even a portrait of one’s nearest and dearest? Since the advent of advanced software coupled with heightened security at airports and the use of CCTV in crime work, much research has been done and continues to be done on facial (and body) recognition by machines. Comparatively little has been done on the ability, or lack, of humans to recognise even those who were previously close to them after the passing of medium to long periods of time. The present study was ignited by an event in my own family within the current millennium, where upon arrival at their doorstep a son was not recognised by his parents after a space of around 10 years (in the former’s middle age). To what extent is this extreme? Is it possible that the relatively large number of ‘broken token’ folksongs suggests evidence that loss/lack of recognition of others once romantically closely engaged with was a ‘common’ or ‘usual’ phenomenon, or is it maybe just a great theme for a story?
PL
This paper deals with the conflict between faith and science. Since the issue is extensive, only selected aspects of this question are discussed. At first, the origin of the problem is outlined – it is argued, that the fundamental difference between the language and the method of science on one hand and of theology understood as a rational reflection on the truths of faith on the other is responsible for the conflict. Afterwards, two aspects of the conflict are presented – the first one concerns inconsistencies which appear on the plane of content – when some scientific statements or theorems seem to deny some theological claims; the second one involves differences in mentality and in worldview which appear on the plane of attitude. It is argued, that the content discrepancies can be eliminated with the help of two methods: of separation and of catharsis. But the differences in mentality which appear on the plane of attitude cannot be so easily eliminated. So finally the characteristics of these two different attitudes – of faith and of science – is discussed. It is argued, that a fundamental dissimilarity between the character of scientific knowledge (especially its empiricism) and of religious faith is a basic source of mutual estrangement and alienation.
EN
This paper presents Olympiodorus’ and Damascius’ explanations of the philosopher’s practice of dying in Plato’s Phaedo. It also includes a presentation of Ammonius’ exegesis of the practice of death (meletē thanatou). The Neoplatonic commentators discern two kinds of death, the bodily or physical death and the voluntary death. Olympiodorus suggests that bodily death is only an image of voluntary death and cannot be recognized as an original death, because original death presupposes the preparation for death and the constant effort for the purification of the soul during the philosopher’s life-time. Only preparation for death and purification can ensure the complete separation of the soul from the body. Relative to this distinction is that between apothnēskein and tethnanai; these infinitives denote the dual meaning of death: death as an event or a process and death as a state. Our study examines thoroughly the subtle distinctions made by Olympiodorus and Damascius and offers a comparative analysis of the two definitions of death as well as that of purification. It reaches the conclusion that apothnēskein is a necessary condition of tethnanai, i.e. of a definitive release and parting of the soul from the body. On the other hand, the process of eventual purification, a notion which betrays the religious character of purification, can be identified with apothnēskein, which is the practice of dying by the true philosopher. Finally, our study also emphasizes and explains the difference between the voluntary philosophical death and the voluntary unphilosophical suicide; the latter guaranteeing only bodily or physical death.
PL
Solitude is, to some measure, in the centre of Emmanuel Levinas’s philosophy. Indeed, in each of the three periods of his philosophical path, solitude adopts a different shape. In the first period, Levinas shows us hypostasis as the solitude of the monad, tragically enclosed within itself. In the second period he sketches before our eyes the image of solitude as a transcendental condition of the occurrence of encounter with the Other. Whereas in the third period, he asserts the solitude of the subject who is infinitely responsible for Others. Admittedly, the term “solitude” (la solitude) appears only in the first period of his philosophical quest. In the second period, he designates solitude by the terms “separation” (la séparation), while in the third period he calls it “selfness” (le Soi). Although Levinas uses those three distinct terms, which might suggest completely different realities, they converge precisely in what constitutes the substantial richness of the experience of solitude.
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EN
The author discusses issues related to separation in Polish and canon law. Indicates the similarities and differences resulting from the separate legal systems. The text is a cross-sectional attempt to analyze separation by discussing all the provisions that relate to it.
PL
Autor omawia zagadnienia dotyczące separacji w prawie polskim i kanonicznym. Wskazuje na podobieństwa i różnice wynikające z odrębności systemów prawnych. Tekst stanowi przekrojową próbę analizy separacji poprzez omówienie wszystkich przepisów, które jej dotyczą.
EN
This paper presents concept, methodology and preliminary results of a European research project on inclusive education of persons with disabilities. The project pathways to inclusion (p2i) is funded by the EU Commission and coordinated by the European umbrella organization European Association of Service Providers for Persons with Disabilities (EASPD). To get an overview on legal situations, practice and progression related to inclusive education a ‘barometer assessment’ instrument was developed and applied in 10 EU countries. The barometer criteria are deducted from Art. 24 of UN CRPD, the methodology follow the idea of the Open Method of Coordination and is explained as an information based rating. Selected results of the assessment are presented. The barometer instrument has proven as an effective tool for data analysis and assessment.
EN
Katarzyna Kamińska in the paper The evolution of relationships between parents and children under Polish legal system provides some remarks on the child’s right to maintain personal relationships and direct contact with both parents and its protection in Polish family law. The Author discusses an outdated view of equality where the mother is to take the main responsibility for the children instead of both parents sharing the responsibility. The paper focuses on presenting the academic and practical issues connected with caring for children after parental separation. In a perspective of eradication of gender discrimination, the parental authority should be equally shared by two parents. The Author analyses the child’s right to both parents, among other things, in the Polish Constitution (1997), Polish Family and Guardianship Code (1964) and Convention on the Rights of the Child (1989), and also indicates an important role of a children’s ombudsman. It points to crucial role of the child welfare. Although under Polish law, there are no clear legal regulations concerning joint custody in Poland, there is no doubt that family courts in Poland may issue their decision allowing such solution. This institution has not been regulated expressis verbis in the Polish family law yet. However, current provisions do not preclude de lege lata such a manner of exercise of parental authority. Among the judgments where the exercise of parental authority was awarded to both parents, there is an increasing number of those, where joint physical custody over a child is adjudicated. In foreign legal systems, the rule is to maintain parental authority of both parents in divorce rulings. Exception is awarding the exercise of parental authority to one of the parents, restricting the parental authority of the second parent to specific rights and duties in relation to the child. This corresponds to stronger and stronger belief at the international forum that such an arrangement is the most appropriate for the best interest of the child.
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Content available remote

Separacja w prawie kanonicznym

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EN
This article presents, in a concise and clear way, a general review of issues related to the institution of separation in the system of canonical law. The author raises problems of both procedural and code law, which allows discussing every separate issue in a complete manner. Premises necessary for pronouncing separation, procedures of pronouncing separation, effects of separation and questions connected with the process of reconciliation of marriage through spouses’ return to the full married life together or the death of either of them are discussed one after another. They are all systematized and discussed using the bullets system. Furthermore, suitable subsections are introduced in the article to make it clearer and finally more accessible to the reader.
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2021
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vol. 10
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issue 4
813-828
EN
The paper deals with the specific nature of research in realistic metaphysics by Andrzej Maryniarczyk. The first part presents the method of realistic metaphysics, i.e., metaphysical separation, which constitutes the basic method of forming the understanding of being. The second part focuses on the characteristics of the system of metaphysics as a cognitive response to the existence of reality. The third part concentrates on the metaphysical theory of creation ex nihilo, showing the essential aspects of this theory. All the presented issues constitute important complements, which integrate the metaphysics practiced by A. Maryniarczyk into a whole.
PL
The tracking of students in the schools is a topic that obligates social and educational reference. This is a fieldthat exposes gaps and contradictions regarding the possibilities and intentions of parts of Israeli society. It is difficultto definewho is being talked about. In addition, it is difficultto separate between or limit the reference to the single student as a real and feeling subject and the desire of the system for a child as a product of education. It is difficultto describe a general picture without forgetting the individuals in it, the students, when the relationship between the tracking, the dropping out, and the exclusion is unavoidable.This article is an attempt to examine the argument presented in research studies that the gaps between different groups in the population derive from the policy of tracking in education from the establishment of the State of Israel until today and that this policy is intentional. The way that the school as an organization acts and the topics with which it copes can be explained in social policy and in the sociological rationale that characterizes society in Israel.Which social and educational policy serves the tracking of students and why, despite the data and the numbers that indicate a large gap, is the topic of tracking not present in the educational discussion? I seek to assert that research in the field is insufficient and thait is necessary to place the topic on the agenda and conduct an educational discussion.
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Content available

Campo di Fiori, or Walls

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EN
Paweł JędrzejkoDepartment of American and Canadian StudiesInstitute of English Cultures and LiteraturesUniversity of Silesia in KatowicePoland Campo di Fiori, or WallsAbstract: The present editorial addresses the issue of separation walls as from an ethical standpoint. Walls, metaphorical and physical, offering those (temporarily) privileged protection from the realization of the uncomfortable fact that they stand by while others suffer and die, are supposedly to “keep us free,” although in fact they become a prison of an illusion of safety and a weapon that may sooner or later be used against those who pretend not to hear the noise of the ongoing battle “on the other side.” Keywords: American Studies, walls, Campo di Fiori, Czesław Miłosz, ethics, separation, isolation, editorial
EN
This paper deals with selected issues of the general part of private international law related to compulsory separation before divorce. As a case study for the examination of these issues, we used the case C-249/19 at the Court of Justice of the European Union (“Court of Justice“) concerning the interpretation of Rome III Regulation, which is yet to be decided. The conflict rules of this regulation led Romanian courts to apply Italian law in a certain divorce case with foreign element. The problem the court had to deal with originated in a rule of Italian law, which obliges the spouses to go through a period of separation authorized by a court as a prerequisite for divorce. Romanian law, however, is unfamiliar with such a separation. Within this context, we address classification, the public policy clause, adaptation and analogy. We further evaluate the opinion of the advocate general together with the judgment of the Court of Justice delivered in the analyzed case.
PL
Artykuł przedstawia wnioski z analizy akt spraw sądowych skierowanych do mediacji w sprawach o rozwód i separację w Sądzie Okręgowym w Warszawie w latach 2006–2010. Omówione są szczególne uwarunkowania spraw związanych z rozpadem rodziny, następnie statystyki dotyczące specyfiki małżeństw kierowanych do mediacji (liczba dzieci, wnioskowanie o winie, inicjator rozstania, oczekiwania wobec mediacji), liczba spraw skierowanych, wskaźniki podejmowania mediacji (faktycznego dojścia mediacji do skutku) oraz skuteczności i czasu trwania mediacji.
EN
The paper presents the conclusions drawn from the analysis of records of divorce and separation cases referred to mediation in Warsaw regional court, in 2006–2010. The discussion covers specific circumstances of such cases, and namely family breakdown. Next, we detail statistics which show the specificity of couples referred to mediation (number of children, guilty party, initiator of separation, expectations towards mediation), the number of cases referred, number of opened mediations (mediations actually undertaken), as well as the effectiveness and the duration of mediation.
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