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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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Legal and philosophical aspects of free will
Kutílek, Lukáš ; Maršálek, Pavel (advisor) ; Tryzna, Jan (referee)
This thesis seeks an answer to a question of whether social normative systems, particularly law and morality, are consistent with the most recent scientific and philosophical findings. Those in fact often conclude that the human will is not free and that the human decision- making is only a physiological process governed by the laws of physics. Such findings thus, at a first glance, collide mainly with the concept of responsibility, through which law and morality are implemented. Therefore, the paper begins with a brief introduction of the current state of knowledge concerning free will and presents mainly determinism and indeterminism. The conclusion of the first part called Free Will and Determinism introduces a view of the world, which best suits the current state of knowledge and is further referred to as Physicalism. The second part called Law, Morality, Physicalism, briefly presents law and morality as regulators of human behavior, for which the concept of free will is fundamental. The focus of the thesis then shifts towards the institutions of criminal and civil law, that seem to be threatened by Physicalism the most. However, general consistency of Physicalism and the examined normative concepts is concluded, while it is argued that within the physicalistic view of the world, law and morality...
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Theory of Decision Making in Public Law and Private Law Corporations
Broulík, Jan ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
2 Jan Broulík - Theory of Decision Making in Public Law and Private Law Corporations Abstract The thesis analyses Czech legal regulations concerning decision making in bodies of corporations. For the purposes of this analysis it employs mainly the apparatus of the economic analysis of law. Its basic concepts are also outlined. The author focuses on two kinds of legal entities which are public universities and joint stock companies. The ethical-legal connections and the significance of corporate governance in the decision making domain are presented. The analysis of the legal norms shows how reasons of the economic analysis of law correspond with provisions regulating body elections, body competence allocation and the body decision making procedure. The criterion for evaluating the quality of legal norms is effectiveness, meaning an increase of social wealth. The main detected imperfections are a missing provision allowing a long distance voting for joint stock companies' general meetings, a missing tool for the cases where a shareholder breaches his loyalty duty which leads to not passing of a general meeting decision and the mandatory nature of the duty of care. Judicial decisions important for joint stock companies' decision making are presented. These decisions concern with the decision making of a sole...
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The extent of legal liability of the State for misconduct in the exercise of state powers
Patočka, Vojtěch ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
In the presented work I study the concept of liability of the State for misconduct in the exercise of state powers. The main aim is to show why this concept needs to be different from the one we know from civil law. The legal relationship between the State and an individual is a relationship that differs from the one we know from civil law, given that it is related to the exercise of power. Therefore we have to construct specific legal conditions in order to find the State liable for damages that an individual may suffer in such a relationship. In the first part I question the main function of the State's liability for damages. I show that it has good influence on the administrative bodies in the way that it forces them to follow the law. On the other hand this influence must not be overestimated. In the next part I study the basic elements and conditions of liability. I work with the domestic law as well as with the liability principles formed by the judicial decisions of the EU Court of Justice. I compare both these systems of liability for damages with regard to how they respond to the specific features of the relationship between a State and an individual. Final part of this work tries to explain why different branches of state power should be treated differently. I show on examples what kind...
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Linguistic interpretation of a legal text in philosophical contexts
Švára, Ondřej ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
SUMMARY: Linguistic interpretation of a legal text in philosophical contexts Keywords: philosophy of law, interpretation of law, language interpretation The thesis deals in a broader sense of the word with interpretation of legal texts and in the strict sense of the word with language interpretation itself. At the beginning of my thesis I explain why this is so particularly topical and problematic issue in the contemporary law. The reason is mainly the fact that because of many changes and events the modern law is more complex and extensive than in the past. This naturally leads to the question how to interpret such law. The aim of the thesis was to compare the relationship of law and language in the context of analytical philosophy, which was one of the most influential intellectual movements of the 20th century. The language is a paradigm of many scientific theories nowadays and as such deserves more intention of lawyers. I focused mainly on the role of meaning of words used for interpretation. In particular, I discussed the issue whether a legal term can name a thing. The most important finding of my thesis is the following one: No, things can not be named by meaning of the individual expressions. To prove the theory the thesis also deals with some other philosophical issues. Chapter VIII, for...
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Making juridical acts by legal entities (A theoretical conception)
Šilhavý, Filip ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Herein presented thesis intends to outline some of the conceptual yet practical issues that arise as of the effect of the new civil code in relation to conceptual changes of legal doctrine of legal persons and its legal acting. In chapter 2 hereof the author briefly illustrates the history and development of legal persons in the continental Europe with a special focus on the theories of legal persons. In the end of the chapter the author analyzes the current concept of the legal persons in the legal system of the Czech Republic. In chapter 3 hereof the author describes the primary principles upon which the concept of legal persons and its legal acting is built. The author also briefly analyzes the term and meaning of legal acting in general. The author further engages in analysis of acting of legal persons and its legal nature in relation to the question of who is the person acting; whether it is a legal act performed by a natural person acting in representation of the legal person or whether it is the legal person who acts on its own. In the final part of the chapter the author analyses the law on acting of legal representatives on behalf of the legal person and outlines the issues arising thereof. In chapter 4 the author describes and analyses particular issues that arise from the effective law....
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The process of application of the law with focus on legal argumentation and interpretation
Hutirová, Helena ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
This thesis deals with legal argumentation and legal interpretation as an integral part of the process of the application of law. The aim of the thesis is not only to point out the present indisputable importance of legal argumentation and legal interpretation of law, but also to explore the problems related to the application of law while using different methods of interpretation at an intrastate level and as well as within the interpretation of the European law. Nowadays, the importance of legal interpretation and legal argumentation in the process of application of law is increasing, because the law system generally suffers especially from hypertrophy of legal rules, inner incongruousness, and occurring gaps in law. In the context of the recodification of private law in the Czech Republic, it is possible to rightly expect growing importance of judicature, which will help to interpret new legal regulations. The thesis firstly focuses on the survey of general theoretical discourse of the process of the law application, legal interpretation, and subsequently also legal argumentation. Individual chapters of the thesis include judicial precedents that are related to the analysed dilemma, both on the domestic as well as European level. Considerable part of...
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Legal systems of the contemporary world focusing on confrontation of Continental and Anglo-American legal system
Lukešová, Václava ; Gerloch, Aleš (advisor) ; Tryzna, Jan (referee)
134 Summary The aim of this rigorous work is to provide a basic summary of three of the world's legal systems and some ethnic laws, which have an important influence on the legal order of many states. Further, I have focused on the comparison of the two main legal systems, Continental and Anglo-American. In order to describe characteristic features of legal systems or ethnic laws, I have used, as the most important distinguishing criterion aspect of sources of law, which have a very significant value regarding the origin, character, creation of laws and approach to them. Comparative law, as a specialization in legal science, using as a main method of research, the comparative method plays an important role in this process. For this reason, I've devoted to it an independent Chapter in this work. In the third as far as the eighth Chapter, which are the kernel of the whole rigorous work, I've outlined basic characteristic, geographical differentiation, historical development and legal sources of all three world legal systems and chosen ethnic laws. The work is finished by a conclusion summarizing all findings of the previous Chapters. ¨ Key words: comparative jurisprudence, legal system, sources of law
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