7 research outputs found
Aspects of the Norm. The Holistic Model of the Legal Norm in the Context of Wittgenstein’s Remarks on Aspect Perception
In Polish legal theory there is a generally accepted distinction between
legal norms (normative standards) and legal provisions (independent
editorial units of a legal text). One of the most developed theories of the
interpretation of law, the derivative theory of M. Zieliński, however, also
includes the postulate of the reconstruction of the entire legal system as
one comprehensive norm (the so-called holistic approach) in the
process of applying the law. This postulate stems mainly from
assumptions regarding the adopted methods of interpretation. The
holistic approach has often been criticized as inadequate in pragmatic
terms, but the derivative theory has not yet been thoroughly modified in
this respect. In this paper, I propose to apply Wittgenstein's concept of
aspect perception as providing adequate conceptual framework to
describe the mechanism of identifying relevant parts of the legal norm
that deals with the pragmatic inadequacy of the holistic approach, but
does not affect the core of the derivative theory of interpretation
Instytucje i praktyki. Ontologia „społeczeństwa dobrze urządzonego” Johna Rawlsa
The aim of this paper is to highlight the relationship between normative theory and social ontology through an analysis of John Rawls’s concept of ‘well‑ordered society’. By expressing the ontological assumptions underlying Rawls’s theory, it is possible to better understand the role of practices and institutions in A Theory of Justice and to counter some of the criticisms levelled against Rawls’s institutionalism. The proposed interpretation of Rawls’s theory may be recognized as a contribution to the interactionist approach in the field of social ontology. 346 Wojciech Graboń, Marcin Woźn
Information Flow in the Security Management System
Implementation of security objectives is conditioned by fast access to reliable and up-to-date information about processes occurring within the Safety Management Systems. The amount of information and the speed of changes taking place in the environment makes it necessary to introduce a system of information management and channels of their flow not only within the organization, but also in communication with third parties. Proper management of information resources increases the efficiency and effectiveness of SMS functioning. The article presents the possibility of a formalized description of the flow of external and internal information in a well-functioning Railway Operator Safety Management System. Analogous maps can be identified for infrastructure managers, defining key elements of its functioning