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Teaching Ethics at Law Schools
Roháček, Petr ; Žák Krzyžanková, Katarzyna (referee)
Název diplomové práce, abstrakt a 3 klíčová slova v anglickém jazyce Teaching Ethics at Law Schools The thesis focuses on the importance and need for teaching ethics at law schools. The basic thesis of this text is that ethics should be one of the most important subjects in law schools. To support this thesis, three key questions are explored: why teach ethics in law schools, what to teach in teaching ethics, and how exactly to teach ethics. The thesis employs an analysis of psychological studies, a search of relevant literature, particularly foreign sources, and, in places, a comparative analysis of the state of ethics teaching in the United States with the state of ethics teaching in the Czech Republic. As a result, the basic thesis is defended and a general frame of reference is provided that can be used for the further evolution of legal education. The thesis also opens the space for further discussion on the necessity of changes in the education of future lawyers and offers a direction in which this teaching could be directed, including the integration of modern didactic methods. The thesis is structured in such a way that it proceeds in an explanatory way from the abstract to the concrete. At the same time, each chapter lays the foundation for understanding the next. In the first chapter, the thesis...
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The limits between interpretation and judicial development of the law
Koželuha, Patrik ; Žák Krzyžanková, Katarzyna (referee)
The limits between interpretation and judicial development of the law The thesis deals with the issue of the limits between interpretation and the judicial development of the law, especially in relation to the limits that the interpreter must respect when considering whether to proceed to the (judicial) development of the law in a specific case, and further in relation to the identification of risks that in connection with this procedure may arise. The thesis focuses mainly on questions related to the limits of the development of law. The reason is the following: while questions related to the interpretation of law constantly attract the attention of legal theorists, much fewer works are devoted to the questions related to (judicial) development of law. The aim of this thesis is thus (i) to show where the limits of the interpretation of the legal text end, (ii) to identify for which specific cases these limits will also represent the final boundary for their solution, and (iii) if this is not the case, to finally define further limitations and conditions of procedure for those cases where the (judicial) development of the law may be considered. The subject-matter of the research in this thesis is thus to find the limits between the cases when the interpreter interprets, to distinguish them from the cases...
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Formal and Linguistic Aspects of Judicial Decisions
Hau, Vojtěch ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
Formal and Linguistic Aspects of Judicial Decisions Abstract The central theme of the thesis is a written form of justification of judicial decisions, which is a crucial element in preventing arbitrariness in judicial decision-making. The aim of the thesis is to examine current form of civil judicial decisions of district courts. In order to do so, the thesis starts by doctrinally defining types of macrostructure and internal logic of judicial decisions, bound and free decision-making, and especially historical and ideological background of the Anglo-American, French and German judicial styles, which also includes the Czech judicial style. The second part describes sources of legal regulation for the reasoning of a civil judgment at the constitutional, statutory, and sub-statutory levels. From sources of law with contribution of case law and expert literature emerges analytical-descriptive section presenting structure of the present reasoning in Czech civil judgments of courts of first instance. In the next part, the thesis proceeds towards achieving its goal - it subjects 150 judgments to empirical research inspired by content analysis, thereby revealing actual compliance with the requirements placed on judges in providing written justifications for judgments. Furthermore, this research enables the thesis...
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Cognitive Biases in Legal Thinking
Zaklaiová, Vanda ; Žák Krzyžanková, Katarzyna (advisor) ; Maršálek, Pavel (referee)
Cognitive Biases in Legal Thinking Abstract This diploma thesis addresses the phenomenon of cognitive biases in legal thinking, i.e., it connects the latest findings in psychology and behavioural economics with various areas of law. It aims to introduce selected illusions of mind to the reader, especially those most significantly affecting not only judges, forensic experts or attorneys, but also legislators and policy-makers, as well as general public when they come into contact with law. The thesis also presents ways of eliminating the negative influence of biases on law and justice (to the extent possible), and even suggests appropriate use of them for the benefit of the society as a whole. The thesis is therefore a review study, mostly based on the analysis of dozens of empirical studies, which on one hand informs the readers about the errors resulting from the cognitive biases, and on the other hand encourages application of the proposed methods of eliminating the negative impact of errors in readers' own legal practice - or at least encourages them to take the analysed biases into account. The introduction briefly explains why lawyers should take the latest findings in the field of cognitive and behavioural sciences into account. Furthermore, it explains what heuristics and cognitive biases are, and...
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Ideology and Law
Kerndl, Robert ; Žák Krzyžanková, Katarzyna (referee)
Ideology and Law Abstract In the presented work, I examine in depth the concept of ideology in its historical changes. Afterward, I relate these various forms to law. My work aims to analyze how law and ideology interact and whether there is an inherent relationship between them. I am therefore concerned with answering the question whether law is ideological, or under what conditions law and the application of law are influenced by ideology. The work is divided into three parts. In the first part, I address the notion of ideology. Here I examine how Karl Marx and his followers grasped and elaborated on this notion. I show the transformation of the Marxist conception of ideology in the works of Lenin, Gramsci and Althusser. In the second chapter of the first part, I present a different, historically relevant tradition of understanding ideology that I call, for the purposes of this work, conservative-democratic. In the second discussed tradition, I describe the ideas of Arendt, Popper, Scruton, and Pithart. Subsequently, I compare the two negative concepts of ideology to each other. The second part is devoted to how these negative concepts of ideology can be applied in legal theory. In the first chapter, I focus on the Critical Legal Studies movement, whose proponents were inspired by the previously mentioned...
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Democratic State Governed by law: Ideal and Reality
Hruška, Petr ; Žák Krzyžanková, Katarzyna (referee)
The diploma thesis deals mainly with four topics - the rule of law, democracy, the democratic state governed by the rule of law and its real form in the Czech Republic during the global pandemic of COVID-19. The development of the rule of law, democracy and the democratic state governed by the rule of law continues and is influenced by the challenges that arise over time. The original formal conception of the rule of law was focused primarily on the observance of the rule of law, while the material conception already takes into account certain value aspects and fundamental human rights. Today's form of democracy differs significantly from its original ancient Greek definition. It was originally intended to be applied to small homogeneous units in which individuals would participate in voting on all important matters. Over time, however, it began to apply to large nation states, which required the adoption of the institute of council. A democratic state governed by the rule of law is a concept based on the dynamic balancing of the components between which a certain tension may arise. Its ideal is fulfilled by a situation where its individual aspects are continually improved in the most balanced way possible. All these the above-mentioned institutes have been affected by the global pandemic of...
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Gnoseological implications of law application
Kallai, Vojtěch ; Tryzna, Jan (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...
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Proving a negative
Škop, Miroslav ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This thesis deals with the subject of proving negatives, i. e. proving non-existence of an object, a status or a process. The author of the thesis provides the reader with the definition of a negative and with a list of negatives mentioned in the case law of Czech public authorities. Also, the author analyses selected case law of Czech courts and describes proving negatives in specific cases. The thesis is divided into six chapters. The first chapter provides the definition of a negative. In this chapter the author points out potential problems linked to the identification of a negative, especially to the difference between a fact, a negative statement and a legal assessment. The second one addresses the possibility of a negative becoming the subject of proving as a practical way of finding of facts. The chapter also brings a brief analysis of proving a negative abroad, specifically in Slovakia, the Great Britain and the United States of America. The third, the fourth and the fifth chapter deal with the subject of proving negatives in civil proceedings, administrative proceedings and criminal proceedings respectively. In each of these chapters the author summarises the principles of proving related to corresponding type of proceedings and demonstrates proving negatives on specific cases (regarding...
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Quid iuris? (Descriptive Theory of Legal Interpretation and Argumentation)
Žák Krzyžanková, Katarzyna ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
The objective of the PhD-thesis is analytical and comparative description of the main theoretical and philosophical approaches to the issue of legal interpretation, focusing on practical application. Initially, attention is paid to explanation of the concept of legal interpretation itself, focusing also on the practical meaning of differentiation between each designatum of the concept of legal interpretation as well as the reflection thereof in the applicable law. Other parts of the thesis include an introduction to the general typology of the theories of legal interpretation followed by a more detailed analysis of the three basic contemporary theories (philosophies) of legal interpretation, namely analytical approach (both the so-called horse-shoe analysis and soft-shoe analysis), hermeneutic approach (attention is paid to the traditional as well as modern hermeneutics, both the phenomenological and methodological branch), and discursive approach (represented by the rhetorical-topical view of discourse as well as the procedural concept of discourse). The PhD-thesis results in the pronunciation of a syncretic opinion that the different theories of interpretation of law should be explained and taught in mutual context because this dialogic approach provides a guarantee that their conclusions and...
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The issue of legal pluralism in contemporary society. A weakening role of state in the context of legal pluralism.
Orletová, Julie ; Žák Krzyžanková, Katarzyna (advisor) ; Maršálek, Pavel (referee)
The issue of legal pluralism in contemporary society Abstract This work aims to describe the phenomenon of legal pluralism, its expressions and functioning in contemporary society and evaluate the findings in connection with the weakening role of the state. The role of law is changing more and more in today's global world, especially in an increasingly less homogeneous society. The plurality of contemporary society is increasingly penetrating normative systems, which in turn affects the very functioning of the state as an authority. Legal pluralism reflects the life of contemporary society. From the perspective of legal pluralism, we gain a new understanding of law. The concept of legal pluralism enables the law to respond in a more flexible way to the plurality of contemporary society, as law increasingly faces difficulties in reflecting the social reality of contemporary society. Related to laws that do not reflect this plurality is a growing distrust of people in the state and its institutions, which contributes to the weakening role of the state. One of the possibilities for the state to strengthen its role is to restore confidence of the citizens in the state and its institutions. This can be also achieved by creating good written law. State law should take into account the phenomenon of legal...
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