Jurysprudencja 8/2017

Equality has been discussed for thousands years in the fields of philosophy and law and most recently in the social sciences and humanities. This discussion has raised most of the philosophical, moral, legal and political questions that are connected with the issues of justice and freedom. However, little discussion has focused on whether citizenship makes people equal or whether those who are equal are recognised as fellow citizens; whether freedom renders all people equal; whether we are equally free to differentiate ourselves from one another. Moreover, the extent to which the principle of equality should include the respect for human diversity still remains an open question.

Chapter I. Bartosz Wojciechowski, Tomasz Bekrycht, Karolina M. Cern, Introducing a map of (in)equalities 7 PART I. THE IDEA OF EQUALITY UNDER SCRUTINY 15 Chapter II. Jasminka Hasanbegović, (In)equality of human beings: eternal — premodern, modern and postmodern — or outdated legal idea? 17 Chapter III. Jerzy Zajadło, The idea of equality in modern legal philosophy 35 Chapter IV. Tomasz Bekrycht, Positive law and the idea of freedom 59 PART II. CONCEPTS OF EQUALITY IN QUESTION 79 Chapter V. Anna Kalisz, Gender issue in John Rawls’ concept of equality 81 Chapter VI. Marcin Pieniążek, Paul Ricoeur’s concept of equality and some of its applications in legal and political philosophy 89 Chapter VII. Monika Zalewska, Some misunderstandings concerning Hans Kelsen’s concepts of democracy and the rule of law 105 Chapter VIII. Ivan Padjen, Religious Rights in Croatia: religious regulation of culturalism 119 PART III. RESPECTING THE PRINCIPLE OF EQUALITY — CASE STUDIES 155 Chapter IX. Artur Mudrecki, Judicial impartiality and independence in the documents of the Council of Europe 157 Chapter X. Anna-Maria Andersen, Facing human rights attributes of copyright in Europe in the context of the EU Digital Single Market 173 Chapter XI. Paweł Skuczyński, Legal paternalism and the identity of Polish legal culture 183 Chapter XII. Małgorzata Niewiadomska-Cudak, Barriers of women’s political promotion in Poland 195