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Intra-Party Democracy and Experience Gained During the First Czechoslovak Republic on the Example of the Agrarian Party
Brožek, Matěj ; Ondřejková, Jana (advisor) ; Friedel, Tomáš (referee)
Intra-Party Democracy and Experience Gained During the First Czechoslovak Republic on the Example of the Agrarian Party Abstract and keywords The author investigates the topic of intra-party democracy during the First Czechoslovak Republic. He focuses primarily on the Agrarian Party. To be specific, he examines internal structure of the Agrarian Party and its compliance with the principles of intra-party democracy. He also carries out an analysis of legal environment of the First Republic with respect to the regulation of political parties and evaluates its potential impacts on intra-party democracy of political parties of the time. In Part One of the thesis, the author describes the internal situation in the Agrarian Party. He explores all the areas of the party's activities, namely in the order they are addressed in the organisational rules. The author takes a closer look at the greatest leaders of the party, intra-party disputes or political situation of the party in Slovakia and Carpathian Ruthenia. In chapters dedicated to the Agrarian Party, information is provided to which theoretical concepts are applied by the author later on. Part Two deals with the legislation applicable to political parties in the First Republic. The author considers it inadequate. Therefore, the author analyses mainly the...
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Dealing with Gender-based violence at Universities : an example from the Faculty of Law of Charles University
Andreska, Zuzana ; Friedel, Tomáš (advisor) ; Ondřejková, Jana (referee)
This thesis deals with the issue of addressing gender-based violence in the academic environment at the institutional level as an emerging agenda of university administration. Gender-based violence takes various forms, ranging from normalized verbal expressions based on gender stereotypes (psychological violence), gender-based discrimination (economic violence), sexual harassment to sexual coercion or rape (sexualized violence). As such, gender-based violence constitutes an obstacle to the fulfilment of the functions of universities and has an increased negative impact on access to education for marginalised groups of students. Using a case study method, this paper examines what solutions to gender-based violence have been adopted at the Faculty of Law of Charles University as of June 2022 and how the institutional solutions are reflected by those involved in their development. The theoretical contribution of the analysis of the process of institutional norm creation through the perspective of socio-legal studies and feminist critique of law lies in the identification of several types of resistances to fulfilling the obligation to create a safe learning and working environment by regulating gender-based violence as a type of undesirable social behaviour through internal regulations. These are...
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Active communication of the courts in the field of presentation their decisions in relation to their media coverage
Novotný, Jan ; Chmel, Jan (advisor) ; Friedel, Tomáš (referee)
1 Active communication of the courts in the field of presentation their decisions in relation to their media coverage Abstract The thesis deals with the impact of communication activities of courts on media coverage of their decisions. Its premise is the idea of openness of justice, which can be interpretated as an effort to build and develop active and effective communication of courts with the public. However, the Czech high courts have taken very different approaches to this area, ranging from the open and active communication of the Constitutional Court to the passive and closed attitude of the Supreme Court. The thesis examines, among others, the nature of these differences and their impact on the way the media report on the decisions of the courts. The first chapter of the thesis attempts to analyse significant aspects of the active and open presentation of courts decisions and introduce its means and tools. It also examines the attitudes of domestic high courts on the issue, through the statements of their spokespersons in response to questions sent by the author. The second chapter focuses on the relationship between the courts and the media. It discusses its importance in today's society and analyses the pitfalls and risks that arise from it. It also looks at the factors influencing whether the...
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Psychological Aspects affecting Judges ' Desicion making with a Focus on Civil Procedure
Olšovská, Sarah ; Kosek, Jan (advisor) ; Friedel, Tomáš (referee)
Psychological Aspects Affecting Judges' Decision Making with a Focus on Civil Procedure The diploma thesis examines the impact of cognitive biases as psychological aspects influencing judicial decision-making and their implications for justice in the legal system. The thesis delves into the intersection of psychology and law, with the central idea being the hypothesis that a judge cannot be just or impartial if his or her decision-making is contaminated by cognitive biases. The focus is on the dissection of the legal conditions that a candidate for judicial office must meet in order to be appointed to that office since the selection of a suitable judge is critical to the fulfilment of the right to a fair trial. The thesis highlights the demandingness of holding the judgeship itself. Then examines the legal and procedural principles that guide judicial decision- making, explaining and emphasizing the importance of understanding the role of the judge in the judicial process. The diploma thesis then dives into the field of cognitive psychology and presents a Kahneman- Frederick model (dual system) dividing the human mind into System 1 and System 2, through which the cognitive biases influencing judicial decision-making can be explained. They are often rooted in intuition, which leads to the...
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Professional ethic of advocates in the Czech Republic
Batalová, Pavlína ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional ethic of advocates in the Czech Republic Abstract This diploma thesis talks about professional ethic of the advocates in the Czech Republic. The paper consists of five chapters varying in the degree of abstractness, the further the chapter the more concrete. First chapter gives general introduction describing basic terms related to the chosen topic, here the aim is to understand not only these terms but also relations among them. General terms such as morals, ethic and law which are all defined and shown in their interconnection are the essential mainstays for this thesis. There follows the introduction of the professional ethic and ethical code. The second chapter deals with the history of advocacy starting from the very beginnings and ending with recent history since the fundamental milestones in the history of advocacy still influence the way we perceive advocacy nowadays, including its regulations and ethical rules. This trip to history shows development of advocacy beginning with the Roman speakers to today' s work of an advocate. The goal of this chapter is also to record historic relationship between ethic and advocacy. In the chapter that follows I write about today' s advocacy and origins of its legal regulations. I am interested not only in in the law about advocacy and ethic code but...
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Professional Ethics of Distrainors in the Czech Republic
Šmok, Jan ; Friedel, Tomáš (advisor) ; Ondřejková, Jana (referee)
Professional Ethics of Distrainors in the Czech Republic Abstract The aim of this Master degree thesis is the analysis of the current regulation of the professional ethics of distrainors with a focus on the independence and impartiality as these requirements are established in the status and legal regulations. The profession of distrainors has recently been the target of criticism both from the public and from some legislators and the professional public. The Master degree thesis therefore focuses on clarifying the issue of distrainors in a broader context, so that it is clear to the reader what theoretical starting points influence the professional ethics of distrainors. The first part of the thesis is focused on the area of morality, ethics and law. These concepts are interconnected and influence each other. At the same time, they significantly influence almost every member of our society. Based on this work, the reader should be able to distinguish between them, know their differences and mutual interaction. The second part of the thesis is devoted to professional ethics and its starting points, which are subsequently applied in solving various ethical problems that may arise in the performance of the given professions. For an overall understanding of the issue, the concept of profession and the...
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Professional Ethics of Attorneys in the Czech Republic
Bína, Felix ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional Ethics of Attorneys in the Czech Republic with a Focus on the Promotion of Attorneys In this Master's degree thesis, the author deals with the professional ethics of attorneys with a focus on possibilities of their personal promotion. This area of legal practice is somewhat neglected, despite the fact that attorneys, like other entrepreneurs, depend on sufficient number of clients in order to sustain their business activities. However, in the context of acquiring clients or offering their services, attorneys are forced to observe specific professional and ethical rules that to a certain extent limit their options compared to an ordinary entrepreneurs. This thesis is divided into three major parts. In the first one, the author briefly discuss ethics in general and his aim is to introduce to a reader this filosophical concept together with selected directions of normative ethics offering solutions of what is right. The author concurrently reflects on the fact whether ethical rules exist universally across societies and cultures or not, using selected knowledge from psychology. The second part focuses on interpretation of professional ethics both in general and in specific areas of professional ethics of attorneys. This section also contains in brief the basic information about legal...
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Judicial Ethics in the Czech Republic
Míl, Jakub Elliot ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
NÁZEV DIPLOMOVÉ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Title: Professional Ethics of Judges in the Czech Republic Subtitle: The role of social media in the life of a judge Abstract: This thesis focuses on the topic of professional ethics of judges in the Czech Republic with a focus on the role of social media in the life of a judge. It first outlines the concepts of ethics, morality and professional ethics of judges (prerequisites for the exercise of the office, duties of a judge in general, independence and impartiality of a judge, extra-legal aspects of influence on judges, the topic of corruption and judges' salaries, basic principles and their reflection in international law and the issue of incompatibility). In addition to defining and categorising social media (according to different approaches, in particular focusing on communication platforms and multimedia platforms), the thesis focuses on their positive aspects, their potential for education in particular, and also on their negative aspects (e.g. the impact on mental health); recommendations are also given on what can be chosen to reduce the risks associated with the use of social media. The thesis analyses the Czech codes of ethics for judges (the Code of Ethics of the Judges' Union of the Czech...
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Professional Ethics of Public Prosecutors in the Czech Republic
Novotný, Jiří ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional ethics of public prosecutors in the Czech Republic Abstract The diploma thesis is dedicated to problematics of professional ethics from its historical concept, conceptual meaning and development, to current perception and practical application in Czech republic, focusing on public prosecutors of Czech republic. Its purpose is to give readers an insight into theoretical basis of the problematics in question and their influence on current practical uses in the light of current legislation, case study, and other relevant sources. The thesis is structured into three chapters arranged in content from the most abstract chapter to the analysis of specific legal institutes and case studies in the last chapter. It therefore proceeds from the general to the specific in terms of the content. The first, theoretical chapter, focuses on the definition of a key concept in this thesis, the ethics, and other related concepts that are included in the thesis, such as morality, responsibility and law. Furthermore, their mutual relations, connections and differences of meaning are also remembered. The second chapter deals with the professional ethics of public prosecutors with regard to their constitutional grounding in the legal order of the Czech Republic and other legal regulation of lower legal force. It also...
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Professional ethics of judges in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....
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