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Legal Consciousness
Beran, Filip ; Maršálek, Pavel (referee)
Diploma thesis aims to present different conceptions of legal consciousness, to highlight their historical and socio-cultural contexts and to outline their possible progress in selected directions. First chapter presents several textbook definitions of legal consciousness, including a comparison of "European" and "American" conceptions. Chapter 2 introduces and compares other expressions usually used in connection with legal consciousness - sometimes as synonyms, sometimes emphasizing some of its components or specific author's approach. Chapter 3 then accentuates historical dimension of legal consciousness, with examples of its ideological conceptions "with attributes" (socialist, revolutionary, popular legal consciousness). These three chapters constitute descriptive, overviewing part; possible synthesis is then concluded in Chapter 4. At first, it identifies three "inner" dimensions which arise from presented conceptual field and which need to be clarified if we want to talk about legal consciousness with sufficient precision: which component we focus on, which part of law and whose legal consciousness are concerned. After that we distinguish three kinds of discourse, that is, how the legal consciousness is talked about: lawyers, sociologists and educators or "users of law" approach it with different...
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Theoretical and legal analysis of the lay element in judiciary
Lajsek, Vladimír ; Maršálek, Pavel (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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Methodology of interpretation of multilingual legislation
Fatura, Martin ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Cvrček, František (referee)
Methodology of interpretation of multilingual legislation Abstract The main purpose of this thesis is to analyze selected cases of in- terpretation of the multilingual legislation. Author identifies the basic prin- ciples of interpretation that appear in these cases. They are subsequently used to describe the general procedures of the multilingual interpretation and to solve problems related to it so that the most appropriate meaning of the text could be found. The thesis is divided into four basic parts. The first part is devoted to the historical excursion and description of multilingualism at the territories of the Lands of the Bohemian Crown in the past. The legislation on language law between 1620 and the beginning of the First World War in the lands of the Bohemian Crown is described with the use of historical literature. The second chapter of this part is devoted to the study of the cases of inter- pretation of the historical legal texts by the contemporary courts. The basic case law of the relevant courts of the Czech Republic is summarized and the general prerequisites for the successful interpretation are emphasized. The second part deals with international treaties of public law. Although these texts are not to be supposed legal acts in a formal sense, international treaties between States or with...
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Legal Consciousness
Beran, Filip ; Maršálek, Pavel (referee)
Diploma thesis aims to present different conceptions of legal consciousness, to highlight their historical and socio-cultural contexts and to outline their possible progress in selected directions. First chapter presents several textbook definitions of legal consciousness, including a comparison of "European" and "American" conceptions. Chapter 2 introduces and compares other expressions usually used in connection with legal consciousness - sometimes as synonyms, sometimes emphasizing some of its components or specific author's approach. Chapter 3 then accentuates historical dimension of legal consciousness, with examples of its ideological conceptions "with attributes" (socialist, revolutionary, popular legal consciousness). These three chapters constitute descriptive, overviewing part; possible synthesis is then concluded in Chapter 4. At first, it identifies three "inner" dimensions which arise from presented conceptual field and which need to be clarified if we want to talk about legal consciousness with sufficient precision: which component we focus on, which part of law and whose legal consciousness are concerned. After that we distinguish three kinds of discourse, that is, how the legal consciousness is talked about: lawyers, sociologists and educators or "users of law" approach it with different...
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Angloamerican, European, Islamic legal culture (comparative study)
Kalíšková, Lucie ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
ii Abstrakt a 5 klíčových slov v anglickém jazyce Anglo-American, European, Islamic legal culture (comparative study) Abstract The aim of the J.D. qualification thesis is to describe the large legal systems and to analyze them in the form of a comparative study. The J.D. qualification thesis consists of six chapters. The first chapter contains the characteristics of large legal systems and their differentiation and, in addition to the compared legal cultures, it also briefly discusses African customary law, the customary law of the Indian subcontinent (based on the religious tradition of Hinduism and Buddhism) and Sino-Japanese legal culture. The second chapter focuses on the description of Anglo-American legal culture and its subsystems, especially English law, US law, Canadian law, legal systems of Australia and New Zealand. The third chapter deals with continental legal culture and its subsystems, specifically the French, Austrian, German, Swiss, Scandinavian, Latin American and European Union legal cultures. At the same time, this chapter briefly summarizes other important civil law codifications of European countries, such as the Netherlands, Romania and Russia. The fourth chapter is focused on the Islamic legal culture and the importance of religion in society. The main part of the J.D. qualification...
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The law is the same for all but ignorance of law is no excuse
Černý, Martin ; Cvrček, František (advisor) ; Maršálek, Pavel (referee)
The law is the same for all but ignorance of law is no excuse. Abstract: This work discusses the comprehensibility and accessibility of law by the general public. Its goal is to analyse the barriers that make it difficult for the public to understand law. The instability and bad quality of statutes are identified as the key issues of law-making. The main reason for both of these problems is the motivation of politicians to present themselves as active legislators and gain publicity. The law publication is currently undergoing a transformation in the Czech Republic. This is due to the implementation of the e-Collection and e-Legislation. A great improvement will be achieved by the publication of consolidated texts. A personalized dissemination of legal information could be one of the future steps. The application of law by the Czech judiciary is of a very high standard but suffers from long proceedings. I confronted the theoretical conclusions with available research. I also tested selected government solutions. The Czech Republic is investing in digitalization, but the results are still unsatisfactory due to the poor quality of the services. In the last part of my work I suggested a solution based on the parallel between legal systems and software applications. My proposition is to divide law into three...
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Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment
Kolářová, Valeria ; Maršálek, Pavel (advisor) ; Večeřa, Miloš (referee) ; Cvrček, František (referee)
Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment The presented thesis aims to introduce the life and work of three prominent Soviet legal scholars: Pēteris Ivanovich Stuchka, Evgeny Bronislavovich Pashukanis, and Andrey Yanuaryevich Vyshinsky, who has a significant impact on formulating Soviet legal thinking of the second and third decade of the 20th century. The thesis undertakes to present their ideas and legal theories, subject them to critical analysis and evidence that not everyone who serves the law also serves the good. The thesis is divided (except for the introduction and end parts) into three parts, each of which is dedicated to one of the examined scholars. The first part is dedicated to Pēteris Stuchka, the second part to Evgeny Pashukanis and the third part to Andrey Vyshinsky. Each of these parts is then divided into two chapters: a bibliographical chapter and a chapter examining their legal theories and opinions. Each of the bibliographical chapters focuses on the life of P. Stuchka, E. Pashukanis, and A. Vyshinsky, and their scientific and academic careers. Each part of their lives is explored and some myths about their lives rebuked. Even though exploration of their lives may seem as superfluous on the first sight, it is to the...
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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...
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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,...
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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...
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