Prawa człowieka w kontekstach kulturowych

The power of human rights idea and its expansion are connected with the experience of so far unprecedented pain and cruelty caused by man to man during the Second World War. Doctrine of legal positivism strenghtened totalitarian systems. One of the essential goals that were set by totalitarian systems was ethnic cleansing within both one’s and subjugated communities. To achieve this goal, concentration camps were established. This Second World War’s events gave raise to a question: does the common morality of the whole mankind exist? The Nuremberg Trials based on conviction that this common morality of the whole mankind exists. In this lawsuits Nazis were on trials for mass murder and crimes against humanity despite the fact that this crimes did not exist as a criminal offences in international law of that time. Lawyers of Nazis argued that their clients should not have been on trials for crimes against humanity because the rule “lex retro non agit” (“the law does not operate retroactively”) should have been in force. International Military Tribunal dismissed this argument – it was stated they tried Nazis are responsible for acts resulting from breach of the natural law. Therefore, the primacy of natural law over civil law (was approved and they admitted that morality and law are essential components of international reality. Since The Nuremberg Trials, the process of making international relations more ethical proceeded consistently through positivisationi.e. introducing human rights ideas to civil law (this issue is included in the Part I of the book: Positivisation of human rights idea). In this way, contemporary human rights as civil law arose, established on the basis of international agreement. Using them in order to legitimize and validate humanitarian interventions undertaken in various parts of the world became the common standard. However, positivisation of human rights idea did not mean that one common paradigm was accepted. Many interpretation of human rights arose and many new human rights formed in concrete cultures. It gives raise to a question about validity of interventions especially in the context of cultural differences in various parts of the world that influence perception, understanding and interpretation of human rights (this issues are discussed in Part II of this book). At present human rights are not only relativized to cultural contexts but undergo semantic changes as a result of globalisation process as well (Part II of the book: Human rights idea vs globalisation). Moreover, the propositions of establishing institutions and global structures that would strengthen human rights idea appear, interalia new propositions of citizenship defining (ujmowanie jako definiowanie)in response to a decreasing role and significance of nation states in the age of globalization. The idea of human rights dominated present-day law, culture and daily life both in local and global dimension. Human rights issue became essential for philosophy, especially political philosophy.

Filozofia antyczna wobec problemu interpretacji. Rozwój alegorezy od przedsokratyków do Arystotelesa

The present work examines the beginnings of ancient hermeneutics. More specifically, it discusses the connection between the rise of the practice of allegoresis, on the one hand, and the emergence of the first theory of figurative language, on the other. Thus, this book investigates the specific historical and cultural circumstances that enabled the ancient Greeks not only to discover the possibility of allegorical interpretation, but also to treat figurative language as a philosophical problem. By posing difficulties in understanding the enigmatic sense of various esoteric doctrines, poems, oracles and riddles, figurative language created the context for theoretical reflection on the meaning of these “messages”. Hence, ancient interpreters began to ponder over the nature and functions of figurative (“enigmatic”) language as well as over the techniques of its proper use and interpretation. Although the practice of allegorical interpretation was closely linked to the development of the whole of ancient philosophy, the present work covers only the period from the 6th to the 4th century B.C. It concentrates, then, on the philosophical and cultural consequences of allegoresis in the classical age. The main thesis advocated here has it that the ancient Greeks were in-clined to regard allegory as a cognitive problem rather than merely as a stylistic or a literary one. When searching for the hidden meanings of various esoteric doc-trines, poems, oracles and riddles, ancient interpreters of these “messages” assumed allegory to be the only tool suitable for articulating certain matters. In other words, it was their belief that the use of figurative language resulted from the necessity of expressing things that were otherwise inexpressible. The present work has been organized in the following manner. The first part contains historical and philological discussions that provide the point of departure for more philosophical considerations. This part consists of two introductory chapters. Chapter one situates the practice of allegorical interpretation at the borderline of two different traditions: the rhetorical-grammatical and the hermeneutical. In order to clearly differentiate between the two, chapter one distinguishes between allegory and allegoresis, on the one hand, and allegoresis and exegesis, on the other. While pointing to the conventionality (and even arbitrariness) of such distinctions, the chapter argues, nevertheless, for their heuristic usefulness. The remaining part of chapter one focuses on a historical and philological reconstruction of the most important conceptual tools of ancient hermeneutics. Discussing the semantics of such terms as allēgoría, hypónoia, ainigma and symbolon proves important for at least two crucial reasons. Firstly, it reveals the mutual affinity between allegoresis and divination, i.e., practices that are inherently connected with the need to discover the latent meaning of the “message” in question (whether poem or oracle). Secondly, these philological analyses bring to light the specificity of the ancient understanding of such concepts as allegory or symbol. It goes without saying that antiquity employed these terms in a manner quite disparate from modernity. Chapter one concludes with a discussion of ancient views on the cognitive value of figurative (“enigmatic”) language. Chapter two focuses on the role that allegoresis played in the process of transforming mythos into logos. It is suggested here that it was the practice of allegorical interpretation that made it possible to preserve the traditional myths as an important point of reference for the whole of ancient philosophy. Thus, chapter two argues that the existence of a clear opposition between mythos into logos in Preplatonic philosophy is highly questionable in light of the indisputable fact that the Presocratics, Sophists and Cynics were profoundly convinced about the cognitive value of mythos (this conviction was also shared by Plato and Aristotle, but their attitude towards myth was more complex). Consequently, chapter two argues that in Preplatonic philosophy, myth played a function analogous to the concepts discussed in chapter one (i.e., hidden meanings, enigmas and symbols), for in all these cases, ancient interpreters found tools for conveying issues that were otherwise difficult to convey. Chapter two concludes with a classification of various types of allegoresis. Whilst chapters one and two serve as a historical and philological introduction, the second part of this book concentrates on the close relationship between the development of allegoresis, on the one hand, and the flowering of philosophy, on the other. Thus, chapter three discusses the crucial role that allegorical interpretation came to play in Preplatonic philosophy, chapter four deals with Plato’s highly complex and ambivalent attitude to allegoresis, and chapter five has been devoted to Aristotle’s original approach to the practice of allegorical interpretation. It is evident that allegoresis was of paramount importance for the ancient thinkers, irrespective of whether they would value it positively (Preplatonic philosophers and Aristotle) or negatively (Plato). Beginning with the 6th century B.C., the ancient practice of allegorical interpretation is motivated by two distinct interests. On the one hand, the practice of allegorical interpretation reflects the more or less “conservative” attachment to the authority of the poet (whether Homer, Hesiod or Orpheus). The purpose of this apologetic allegoresis is to exonerate poetry from the charges leveled at it by the first philosophers and, though to a lesser degree, historians. Generally, these allegorists seek to save the traditional paideia that builds on the works of the poets. On the other hand, the practice of allegorical interpretation reflects also the more or less “progressive” desire to make original use of the authority of the poet (whether Homer, Hesiod or Orpheus) so as to promote a given philosophical doctrine. The objective of this instrumental allegoresis is to exculpate philosophy from the accusations brought against it by the more conservative circles. Needless to say, these allegorists significantly contribute to the process of the gradual replacing of the mythical view of the world with its more philosophical explanation. The present book suggests that it is the philosophy of Aristotle that should be regarded as a sort of acme in the development of ancient hermeneutics. The reasons for this are twofold. On the one hand, the Stagirite positively values the practice of allegoresis, rehabilitating, thus, the tradition of Preplatonic philosophy against Plato. And, on the other hand, Aristotle initiates the theoretical reflection on figurative (“enigmatic”) language. Hence, in Aristotle we encounter not only the practice of allegoresis, but also the theory of allegory (although the philosopher does not use the term allēgoría). With the situation being as it is, the significance of Aristotle’s work cannot be overestimated. First of all, the Stagirite introduces the concept of metaphor into the then philosophical considerations. From that moment onwards, the phenomenon of figurative language becomes an important philosophical issue. After Aristo-tle, the preponderance of thinkers would feel obliged to specify the rules for the appropriate use of figurative language and the techniques of its correct interpretation. Furthermore, Aristotle ascribes to metaphor (and to various other “excellent” sayings) the function of increasing and enhancing our knowledge. Thus, according to the Stagirite, figurative language is not only an ornamental device, but it can also have a significant explanatory power. Finally, Aristotle observes that figurative expressions cause words to become ambiguous. In this context, the philosopher notices that ambiguity can enrich the language of a poet, but it can also hinder a dialectical discussion. Accordingly, Aristotle is inclined to value polysemy either positively or negatively. Importantly, however, the Stagirite is perfectly aware of the fact that in natural languages ambiguity is unavoidable. This is why Aristotle initiates a syste-matic reflection on the phenomenon of ambiguity and distinguishes its various kinds. In Aristotle, ambiguity is, then, both a problem that needs to be identified and a tool that can help in elucidating intricate philosophical issues. This unique approach to ambiguity and figurative (“enigmatic”) language enabled Aristotle to formulate invaluable intuitions that still await appropriate recognition.

Mit Ofelii we francuskojęzycznej literaturze belgijskiej doby symbolizmu.

Wydział Neofilologia: Instytut Filologii Romańskiej

Christology in the Epistle to the Hebrews: Martin Luther's Reception of John Chrysostom

Throughout the history of the Church, the Epistle to the Hebrews has been one of the most puzzling letters in the Canon, particularly regarding the implications of understanding the person of Jesus Christ. John Chrysostom, an important patristic writer, is acknowledged to have made significant contributions to the exegesis of this letter. Chrysostom's thought became the norm for traditional thinking and interpretation of this letter in the Middle Ages. Martin Luther's reception of Chrysostom's Homilies on Hebrews presents a unique interpretation that some scholars may describe as the "Reformation Discovery" on Hebrews. In tracing Luther's reception and appropriation of Chrysostom's exegesis of the letter to the Hebrews, there is a noticeable and significant shift in Christological interpretation. Whether or not these modifications were necessary is a matter of debate; however, they do reflect Luther's contextual and existential questions regarding faith, Christ and knowledge of God, which is evident in his Lectures on Hebrews.

The effectiveness of using patient-reported outcome measures as quality improvement tools

Aim: To investigate the value of using PROMs as quality improvement tools. Methods: Two systematic reviews were undertaken. The first reviewed the quantitative literature on the impact of PROMs feedback and the second reviewed the qualitative literature on the use of PROMs in practice. These reviews informed the focus of the primary research. A cluster randomised controlled trial (PROFILE) examined the impact of providing peer benchmarked PROMs feedback to consultant orthopaedic surgeons on improving outcomes for hip replacement surgery. Qualitative interviews with surgeons in the intervention arm of the trial examined the view of and reactions to the feedback. Results: The quantitative review of 17 studies found weak evidence to suggest that providing PROMs feedback to professionals improves patient outcomes. The qualitative review of 16 studies identified the barriers and facilitators to the use of PROMs based on four themes: practical considerations, attitudes towards the data, methodological concerns and the impact of feedback on care. The PROFILE trial included 11 surgeons and 215 patients in the intervention arm, and 10 surgeons and 217 patients in the control arm. The trial found no significant difference in the Oxford Hip Score between the arms (-0.7, 95% CI -1.9-0.5, p=0.2). Interviews with surgeons revealed mixed opinions about the value of the PROMs feedback and the information did not promote explicit changes to their practice. Conclusion: It is important to use PROMs which have been validated for the specific purpose of performance measurement, consult with professionals when developing a PROMs feedback intervention, communicate with professionals about the objectives of the data collection, educate professionals on the properties and interpretation of the data, and support professionals in using the information to improve care. It is also imperative that the burden of data collection and dissemination of the information is minimised.

"It is Quietly Chaotic. It Confuses Time"*: Final Report of Excavations at the Bordley-Randall Site in Annapolis, Maryland, 1993-1995 (18AP50)

*This extract is from Gay P. Crowther's description of the Randall Court pathway (Cowther 1985).

The Jama legal narrative. Part II: A foray into concepts of improbability

In judicial decision making, the doctrine of chances takes explicitly into account the odds. There is more to forensic statistics, as well as various probabilistic approaches which taken together form the object of an enduring controversy in the scholarship of legal evidence. In this paper, we reconsider the circumstances of the Jama murder and inquiry (dealt with in Part I of this paper: "The Jama Model. On Legal Narratives and Interpretation Patterns"), to illustrate yet another kind of probability or improbability. What is improbable about the Jama story, is actually a given, which contributes in terms of dramatic underlining. In literary theory, concepts of narratives being probable or improbable date back from the eighteenth century, when both prescientific and scientific probability was infiltrating several domains, including law. An understanding of such a backdrop throughout the history of ideas is, I claim, necessary for AI researchers who may be tempted to apply statistical methods to legal evidence. The debate for or against probability (and especially bayesian probability) in accounts of evidence has been flouishing among legal scholars. Nowadays both the the Bayesians (e.g. Peter Tillers) and Bayesioskeptics (e.g. Ron Allen) among those legal scholars whoare involved in the controversy are willing to give AI researchers a chance to prove itself and strive towards models of plausibility that would go beyond probability as narrowly meant. This debate within law, in turn, has illustrious precedents: take Voltaire, he was critical of the application or probability even to litigation in civil cases; take Boole, he was a starry-eyed believer in probability applications to judicial decision making (Rosoni 1995). Not unlike Boole, the founding father of computing, nowadays computer scientists approaching the field may happen to do so without full awareness of the pitfalls. Hence, the usefulness of the conceptual landscape I sketch here.

The CPR Survey (1948-1997): a gridded database browser of plankton abundance in the North Sea.

The Continuous Plankton Recorder (CPR) survey provides a unique multi- decadal dataset on the abundance of plankton in the North Sea and North Atlantic and is one of only a few monitoring programmes operating at a large spatio- temporal scale. The results of all samples analysed from the survey since 1946 are stored on an Access Database at the Sir Alister Hardy Foundation for Ocean Science (SAHFOS) in Plymouth. The database is large, containing more than two million records (~80 million data points, if zero results are added) for more than 450 taxonomic entities. An open data policy is operated by SAHFOS. However, the data are not on-line and so access by scientists and others wishing to use the results is not interactive. Requests for data are dealt with by the Database Manager. To facilitate access to the data from the North Sea, which is an area of high research interest, a selected set of data for key phytoplankton and zooplankton species has been processed in a form that makes them readily available on CD for research and other applications. A set of MATLAB tools has been developed to provide an interpolated spatio-temporal description of plankton sampled by the CPR in the North Sea, as well as easy and fast access to users in the form of a browser. Using geostatistical techniques, plankton abundance values have been interpolated on a regular grid covering the North Sea. The grid is established on centres of 1 degree longitude x 0.5 degree latitude (~32 x 30 nautical miles). Based on a monthly temporal resolution over a fifty-year period (1948-1997), 600 distribution maps have been produced for 54 zooplankton species, and 480 distribution maps for 57 phytoplankton species over the shorter period 1958-1997. The gridded database has been developed in a user-friendly form and incorporates, as a package on a CD, a set of options for visualisation and interpretation, including the facility to plot maps for selected species by month, year, groups of months or years, long-term means or as time series and contour plots. This study constitutes the first application of an easily accessed and interactive gridded database of plankton abundance in the North Sea. As a further development the MATLAB browser is being converted to a user- friendly Windows-compatible format (WinCPR) for release on CD and via the Web in 2003.

Ecological effects of the North Atlantic oscillation

Climatic oscillations as reflected in atmospheric modes such as the North Atlantic Oscillation (NAO) may be seen as a proxy for regulating forces in aquatic and terrestrial ecosystems. Our review highlights the variety of climate processes related to the NAO and the diversity in the type of ecological responses that different biological groups can display. Available evidence suggests that the NAO influences ecological dynamics in both marine and terrestrial systems, and its effects may be seen in variation at the individual, population and community levels. The ecological responses to the NAO encompass changes in timing of reproduction, population dynamics, abundance, spatial distribution and interspecific relationships such as competition and predator-prey relationships. This indicates that local responses to large-scale changes may be more subtle than previously suggested. We propose that the NAO effects may be classified as three types: direct, indirect and integrated. Such a classification will help the design and interpretation of analyses attempting to relate ecological changes to the NAO and, possibly, to climate in general.

Searching for the IRA 'disappeared': Ground-penetrating radar investigation of a churchyard burial site, Northern Ireland

A search for the body of a victim of terrorist abduction and murder was made in a graveyard on the periphery of a major conurbation in Northern Ireland. The area is politically sensitive and the case of high profile. This required non-invasive, completely non-destructive and rapid assessment of the scene. A MALA RAMAC ground-penetrating radar system was used to achieve these objectives. Unprocessed and processed 400MHz data shows the presence of a collapse feature above and around a known 1970s burial with no similar collapse above the suspect location. In the saturated, clay-rich sediments of the site, 200MHz data offered no advantage over 400MHz data. Unprocessed 100MHz data shows a series of multiples in the known burial with no similar features in the suspect location. Processed 100MHz lines defined the shape of the collapse around the known burial to 2m depth, together with the geometry of the platform (1m depth) the gravedigger used in the 1970s to construct the site. In addition, processed 100MHz data showed both the dielectric contrast in and internal reflection geometry of the soil imported above the known grave. Thus the sequence, geometry, difference in infill and infill direction of the grave was reconstructed 30 years after burial. The suspect site showed no evidence of shallow or deep inhumation. Subsequently, the missing person������¢���¯���¿���½���¯���¿���½s body was found some distance from this site, vindicating the results and interpretation from ground-penetrating radar. The acquisition, processing, collapse feature and sequence stratigraphic interpretation of the known burial and empty (suspect) burial site may be useful proxies for other, similar investigations. GPR was used to evaluate this site within 3 hours of the survey commencing, using unprocessed data. An additional day of processing established that the suspect body did not reside here, which was counter to police and community intelligence.

Uniplanar left-handed artificial metamaterials

Planar periodic arrays of metallic elements printed on grounded dielectric substrates are presented to exhibit left-handed properties for surface wave propagation. The proposed structures dispense with the need for grounding vias and ease the implementation of uniplanar left-handed metamaterials at higher frequencies. A transmission line description is used for the initial design and interpretation of the left-handed property. A thorough study based on full wave simulations is carried out with regards to the effect of the element geometrical characteristics and the array periodicity to the properties of the artificial material. Dispersion curves are presented and studied. The distribution of the modal fields in the unit cell is also studied in order to provide an explanation of the material properties. The scalability of the proposed structures to infrared frequencies is demonstrated.

So mechanical or routine: The not original in Feist

The United States Supreme Court case of 1991, Feist Publications, Inc. v. Rural Tel. Service Co., continues to be highly significant for property in data and databases, but remains poorly understood. The approach taken in this article contrasts with previous studies. It focuses upon the “not original” rather than the original. The delineation of the absence of a modicum of creativity in selection, coordination, and arrangement of data as a component of the not original forms a pivotal point in the Supreme Court decision. The author also aims at elucidation rather than critique, using close textual exegesis of the Supreme Court decision. The results of the exegesis are translated into a more formal logical form to enhance clarity and rigor.


The insufficiently creative is initially characterized as “so mechanical or routine.” Mechanical and routine are understood in their ordinary discourse senses, as a conjunction or as connected by AND, and as the central clause. Subsequent clauses amplify the senses of mechanical and routine without disturbing their conjunction.


The delineation of the absence of a modicum of creativity can be correlated with classic conceptions of computability. The insufficiently creative can then be understood as a routine selection, coordination, or arrangement produced by an automatic mechanical procedure or algorithm. An understanding of a modicum of creativity and of copyright law is also indicated.


The value of the exegesis and interpretation is identified as its final simplicity, clarity, comprehensiveness, and potential practical utility.

Breit-Pauli R-matrix calculation of fine-structure effective collision strengths for the electron impact excitation of Mg V

Context. Electron-impact excitation collision strengths are required for the analysis and interpretation of stellar observations.
Aims. This calculation aims to provide effective collision strengths for the Mg V ion for a larger number of transitions and for a greater temperature range than previously available, using collision strength data that include contributions from resonances.
Methods. A 19-state Breit-Pauli R-matrix calculation was performed. The target states are represented by configuration interaction wavefunctions and consist of the 19 lowest LS states, having configurations 2s22p4, 2s2p5, 2p6, 2s22p33s, and 2s22p33p. These target states give rise to 37 fine-structure levels and 666 possible transitions. The effective collision strengths were calculated by averaging the electron collision strengths over a Maxwellian distribution of electron velocities.
Results. The non-zero effective collision strengths for transitions between the fine-structure levels are given for electron temperatures in the range = 3.0 - 7.0. Data for transitions among the 5 fine-structure levels arising from the 2s22p4 ground state configurations, seen in the UV range, are discussed in the paper, along with transitions in the EUV range – transitions from the ground state 3P levels to 2s2p5?3P levels. The 2s22p4?1D–2s2p5?1P transition is also noted. Data for the remaining transitions are available at the CDS.

Study of the images for the Visual Arts Education in Secondary Education textbooks: educational implications

In this paper we present the first data from the research conducted to determine the relationship between traditional visual arts and other forms of visual culture closer to the experiences of high school youth. The hypothesis of this research is that while students are nurtured and live primarily with the images provided by the media culture, their textbooks basically refer to the more traditional art images. The research has been limited to a review and analysis of the most common educational materials for teaching visual arts in high school. After the systematization and analysis of the images appeared in textbooks, we have detected three major types: the artistics, those who belong to media culture and others. The most relevant conclusions indicate that: there are hardly any connections between different types of images, they offer a very traditional view of art and they are far removed from the experiences of young book users.