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Sovereignty, Law and Power in Carl Schmitt's Early and Weimar Writings
Kollert, Lukáš ; Jinek, Jakub (advisor) ; Gümplová, Petra (referee) ; Chotaš, Jiří (referee)
v anglickém jazyce In my thesis, I scrutinize reflection of the relationship between sovereignty, law and power, and the problem of realizing law in the decisionist theory of Carl Schmitt (1888-1985), as presented in his early and Weimar writings, i.e. in the texts published before 1933. Following introductory remarks on the subject, scope and methodology of the thesis, I open it with a few observations on the relationship between law and power in general. Afterwards, I present basic features of the order typical for modern state, which plays an essential role for Schmitt's philosophy, and outline key attributes of the main theoretical approaches in the 19th century jurisprudence. Subsequently, I examine the problem of the realization of law in connection with the concepts of state, dictatorship and sovereignty in The Value of the State and the Significance of the Individual, Dictatorship and Political Theology and argue that it forms the central axis of Schmitt's decisionism. Dealing with the question of how to distinguish a sovereign from a mere wielder of power, I further analyse Schmitt's concepts of representation and office. Given that it is not clear in Political Theology whom to designate as sovereign in a modern democratic state, I put forward an answer to the question of whether,...
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The absolute I and the conception of knowledge in the philosophy of J. G. Fichte
Kollert, Lukáš ; Karásek, Jindřich (advisor) ; Landa, Ivan (referee)
This bachelor thesis outlines basic features of object-consciousness and tries to show that it must be grounded in a "consciousness" of another type, which doesn't have the structure (non-identity of subject and object) characteristic for the consciousness of an object. The pre- reflective relation of the self to itself or immediate "consciousness" of the self is identified as a basis enabling self-(re)cognition in reflexion. The next step puts forward one of reasons to ascribe this relation of the self to itself to the self-positing absolute I (here the absence of subject-object difference is typical). The fourth chapter addresses questions concerning the possibility to explain the object-consciousness and the presence of manifold in the I from the standpoint of unlimited and self-identical absolute I. It further distinguishes several forms of realism and idealism rejected by Fichte himself and follows the course leading to Fichte's own position, i. e. real-idealism or ideal-realism. Finally, the text discusses in detail the concept of "check" (Anstoß), which is understood as one of the key concepts of the early science of knowledge. Key words: Fichte, science of knowledge, self-consciousnes, object-consciousness, absolute I, check, idealism, realism, sensation, reflection
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Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Kudrna, Jan (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
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Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Grinc, Jan (advisor) ; Reschová, Jana (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
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Self-Consciousness and Self-Knowledge. A Study on the Role of the Subject and the Awareness of Thought in Descartes' Philosophy
Kollert, Lukáš ; Karásek, Jindřich (advisor) ; Palkoska, Jan (referee)
The thesis aims at examining Descartes's so called cogito from a wider perspective, especially as regards to the role in the development of Meditationes de prima philosophia (1641) and in the context of other relevant texts. Being an attempt to give a broad account of Descartes's "first cognition" the study deals not only with the cogito itself, e.g. with its logical structure, but also with other key Cartesian doctrines, so that we can understand the cogito as an integral part of Descartes's philosophy. The thesis inquires for this reason into the question of meditator's identity, the methodological skepticism, the question whether logical principles are called into question in the First meditation, the problem of the Cartesian circle, the distinction between implicit and explicit knowledge, the doctrine of innate ideas and finally, the question how to explain, according to Descartes, the awareness of our thoughts. Sometimes the considerations become rather systematic and go beyond a mere exegesis of Descartes's philosophy, especially when they concern the problem with the presence of ego in cogito and the explanation of our self-consciousness. There are three competing approaches to the second issue mentioned that are introduced and assessed in the last chapter. I have chosen this way of...
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The absolute I and the conception of knowledge in the philosophy of J. G. Fichte
Kollert, Lukáš ; Karásek, Jindřich (advisor) ; Landa, Ivan (referee)
This bachelor thesis outlines basic features of object-consciousness and tries to show that it must be grounded in a "consciousness" of another type, which doesn't have the structure (non-identity of subject and object) characteristic for the consciousness of an object. The pre- reflective relation of the self to itself or immediate "consciousness" of the self is identified as a basis enabling self-(re)cognition in reflexion. The next step puts forward one of reasons to ascribe this relation of the self to itself to the self-positing absolute I (here the absence of subject-object difference is typical). The fourth chapter addresses questions concerning the possibility to explain the object-consciousness and the presence of manifold in the I from the standpoint of unlimited and self-identical absolute I. It further distinguishes several forms of realism and idealism rejected by Fichte himself and follows the course leading to Fichte's own position, i. e. real-idealism or ideal-realism. Finally, the text discusses in detail the concept of "check" (Anstoß), which is understood as one of the key concepts of the early science of knowledge. Key words: Fichte, science of knowledge, self-consciousnes, object-consciousness, absolute I, check, idealism, realism, sensation, reflection
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