National Repository of Grey Literature 43 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Feminist legal theory
Kvasová, Michaela ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
v anglickém jazyce Feminist Legal Theory The master's thesis deals with the feminist legal theory, a young and dynamic legal field which is one of the challenges of current law. This theory is a combination of law and gender studies. Its focus lies in Anglo-American system of law, in which it has a dignified place among legal theories. In the Czech legal system, the feminist legal theory is not well known, but for those interested, the Faculty of Law of Charles University opens a compulsory subject Gender and Law regularly in the summer semester. The thesis is based mainly on sources in English, which were made available to the students participating in this subject. In the Czech language, no comprehensive publication has yet been published on the topic of feminist legal theory. The objective of this thesis was to elaborate this extensive legal field and present it to potential Czech readers. The structure of the thesis consists of an introduction, three main content parts and a conclusion. The parts are further divided into chapters, paragraphs, and sections. The first part deals with the concepts of feminism and gender, which represent the basic theoretical basis for the study of feminist legal theory. A separate chapter is reserved for each of the concepts, classifying them in the historical...
Idea of humanity in the modern legal order (in chosen stages of Czechoslovakian and Czech statehood)
Kolář, Rostislav ; Pinz, Jan (advisor) ; Maršálek, Pavel (referee)
Idea of humanity in the modern legal order (in chosen stages of Czechoslovakian and Czech statehood) Abstract This thesis is focused on the idea of humanity in the modern legal order (in chosen stages of Czechoslovakian and Czech statehood). The main purpose of thesis is to analyse how would be useful change the Constitution of the Czech republic from the humanitarian point of view and after that make a proposal of concrete changes according the Legislative rules of government. Author uses analytical, synthetical and historical methods in order to catch the goal of the paper. This thesis is dealed into universal part and specific part as a logical process. The thesis is composed of six chapters, each of them dealing with different aspects of topic. Chapter one is introductory and defines some of the basic terminology used in the thesis. The most important terms are idea of humanity, democracy, state, constitution and people. In the chapter two author describes genesis and short historical introduction of idea of humanity. Crucial historical times for the idea of humanity is Antics, Middle Ages and the Age of Enlightenment. Amongst the most importants humanists mentioned in this thesis are Sókratés, Aristotelés, Panaitios from Rhodos, Seneca, Confucius, Gautama, Lao-c', Marsilius from Padova, Hus, Rousseau,...
Symmetrical Concept of the State
Gregárek, Matěj ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Sobek, Tomáš (referee)
Symmetrical Concept of the State Abstract: The doctoral thesis uses the perspective of Public Choice (political economy) on a descriptive level and the perspective of philosophical anarchism on a normative level to critically assess the concept of modern state (and its crises and legitimacy), as it is used in Staatswissenschaften and political philosophy. Common theme of both paradigms is insistence on symmetry of assumptions when analyzing the state; particularities of the state, as compared to other social institutions, do not play the role of explanans, but that of explanandum. Traditional concepts of political philosophy (sovereignty, will of the people, legitimacy) are consistently put in the context of the general social phenomena, from which they are (or should be) derived. The symmetrical approach asserts itself primarily against the fictional nature of some political concepts; in this thesis, fictional concepts are approached as assumptions of a "political model" and their unrealistic nature is not seen problematic so far as they stay within the model. However, at the same time, the question about the external (normative and practical) relevance (validity) of such a model arises. First part of the thesis argues for applicability - and in fact, indispensability - of the economic toolkit...
Teleological interpretation in private law
Anzenbacher, Vilém ; Wintr, Jan (advisor) ; Večeřa, Miloš (referee) ; Maršálek, Pavel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
Non state justice systems & pluralism of law
Ivančo, Alex ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Holländer, Pavol (referee)
The theme of this thesis is the assessment of the prerequisites for the pluralism of law and non-state justice systems to improve the possibilities of solving disputes in society. The main research question is whether non-state justice systems fulfil a social role in providing justice. The thesis should offer a descriptive analysis of the concept of legal pluralism and methodological procedures for the inclusion of non-state justice systems in the state. The outcome of the work should be an overview of the possibilities of interaction between different legal systems, whether formal or customary, of the different ways of resolving disputes in this environment, and of the contribution of such proposals to the reform of the legal environment that count on the real situation in society. The thesis of procedural pluralism and participatory methods of solving disputes that have a user, a citizen in the center of these systems is offered as a starting point for new designs. The final part of the work will therefore explore current approaches to improving legal systems that aim to increase participation of user based on their needs, and will include some cases for comparing individual programs to improve legal systems.
Shakespeare and the Law
Židek, Zdeněk ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
The topic of the thesis is the connection of the renowned bard and writer William Shakespeare with the Law. The thesis points out some of the most interesting legal remarks, which can be found during the course of the study of the Shakespeare's texts. The aim of the thesis is to broaden the knowledge of the depth of Shakespeare's plays, romances and sonnets and their legal connotation that never ceases to amaze both the general public, and the readers of legal education. The thesis is prefaced by the treatise regarding the connection of the law with the literature through the Law and Literature movement. The following chapter notes reasons why is it appropriate to study literary texts for the practice of legal professions, namely in the connection to the courts' decisions. Decisions of the US Supreme Court and the Czech Constitutional Court are mentioned in the thesis. In the following lines the author notes the issues one might face while translating the Shakespeare's remarks, especially those of legal connotation ; and mentions some of Shakespeare's law-related remarks. A notable portion of the thesis deals with three plays and their law-related contents. In the passage regarding the comedy Measure for Measure, Shakespeare's interest in a topic that is still actual nowadays is pointed out - the...
To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how professional ethics scrutiny operates in a real-life situation. A judicial usage of social media serves as an example of such situation (or more precisely of such scrutiny). Arguments for and against the judicial usage of social media are articulated and based in a weighting of the arguments final decision is taken.
The Concept of Sovereignty of Thomas Hobbes and Samuel Pufendorf and its Role in the Constitution of Modern Concept of State
Belling, Vojtěch ; Reschová, Jana (referee) ; Maršálek, Pavel (referee)
It is a topos of postmodern law and political philosophy to speak about the "change" of the concept of sovereignty, and to put the current forms of state existence in opposition to the "classical" theory of sovereignty. The theoretical content of this "classical" doctrine is too easy identified with the empirical reality of the Westphalian state system and understood as an apotheosis of the autonomous, independent states and legal systems. In this thesis I have therefore tried to investigate the logical core of the doctrine of sovereignty of two important political philosophers of the 17th century, Thomas Hobbes and Samuel Pufendorf. Based on the analysis of the central works of both authors, in the light of the latest research, the work shows that their understanding of sovereignty can only be understood with the help of the analysis of the concept of fictitious (or fictitiously) created artificial (moral) person. Sovereignty is no term for an empiricial force or violence, but the name for an imaginative absolute power that is connected to the artificial sphere of fictitious legal reality which is radically separated from the empirical world. The "sovereign power of the Commonwealth" is related to the fictional character of the state, which is identical to the concept of people (populus). The...
Shaping of Legal Consciousnes of non-law University Students
Krupová, Tereza ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Urbanová, Martina (referee)
This dissertation thesis Shaping of Legal Consciousness of non-law University Students aims to explore the process of forming legal literacy and consciousness of non-lawyers mainly via education. Premise or audited issue is that didactics and methodology of law and hence connected cultivation of legal consciousness of individuals are not very effective. Thereof the starting point is the anticipated inefficiency of teaching law for non-lawyers. The thesis firstly looks for the purpose of university education today as well as the position of its students. Further the concept of legal consciousness is presented. The last two chapters confirm some hypothesis using results of researches made for this thesis. The first research focuses on university teachers of law to non- lawyers, the second one deals with universities' students and graduates.
Phenomenon of justice in contemporary legal thought in the context of hellenic philosophy
Koloušek, Martin ; Pinz, Jan (advisor) ; Maršálek, Pavel (referee)
1 Abstrakt anglicky This diploma thesis discusses the phenomenon of justice in contemporary legal thought. In general part the thesis deals with the genesis and development of the concept of justice in Greek legal-philosophical thought and defines selected problems arising from formal-logical and historical view on researched phenomenon. It is stated that justice is in Greek thought understood primarily as a moral category which serves to measure law and its correctness. It is also made a finding that concrete opinions on justice are already in Greece very diverse and it is difficult to find a common element. In special part of the thesis is given an exposition of selected thinkers of contemporary legal thought and their opinions on justice. It has been found that although their reflections are inferior to those of their Hellenic predecessors, they agree with them that justice is an ethical category. In the light of findings gained by studying both ancient Greek authors as well as contemporary authors there are examined selected aspects of liberal-democratic legal orders in the prism of justice. There has been found in the thesis that there exist aspects that do not correspond to the concept of justice introduced in the thesis and that therefore exists a space for potential improvement. Given examination is...

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