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Bentham's Utilitarianism and Individual Rights
Venclík, Jan ; Znoj, Milan (advisor) ; Bíba, Jan (referee)
The aim of this B. A. thesis is to clarify the status of individual rights within Bentham's philosophy. The exposition is divided into two main parts. Bentham's critique of natural rights is discussed in the first part. Especially, his critique of declarations of natural rights issued during the French revolution is carefully analysed and assessed. Bentham uncompromisingly rejected these declaration on the ground that they were false and dangerous. Subsequently is shown to what extent there can be justification of the primacy of individual rights in relation to interference of political authority in the whole context of Bentham's philosophical system, which is based on the principle of utility. The key concept here is that of expectation and secondary security-providing principle is particularly important. There are two contending conceptions. On the one hand we see liberal conception of individual pursuing her own happiness, on the other hand there is racionalistic idea of legislator who manipulate the whole society according to the dictate of utility. The gap could be filled if we did not understand the principle of utility as moral arithmetic capable of solving every problem. We can conclude that basic logic of Bentham's utilitarinism is limited by significant truths about human condition and...
Conflicts of legitimacies within the European Union
Venclík, Jan ; Ondřejková, Jana (advisor) ; Agha, Petr (referee)
Conflicts of Legitimacies within the European Union - abstract In the beginning of first part, the thesis focuses on the very concept of legitimacy. The point of reference is rather a sociological conception of legitimacy. Then, the critical overview of theoretical contributions to the topic of EU's legitimacy deficit is provided. On this analytical background it is held that the democratic legitimacy is indispensable for the Union and that there is a necessity of its creating even on union-wide (transnational) level. Subsequently, in the second part dealing with particular modalities of legitimacy within the EU, the thesis makes use of the conteporary democratic theory focusing on the concept and functioning of democratic representation. The framework for the second part is a spatio-mechanical metaphor of four modalities ("vectors") of legitimacy (legitimation) formulated previously in the literature. It consists of indirect legitimacy, parliamentary legitimacy, technocratic legitimacy and procedural legitimacy. Changes in their balance after the Lisbon Treaty are discussed. The chapter on indirect legitimacy focuses on theoretical questions and then looks into the institutional and legislative development. It also provides an analysis of the relevant case-law of the Federal Constitutional Court of the...
Bentham's Utilitarianism and Individual Rights
Venclík, Jan ; Znoj, Milan (advisor) ; Bíba, Jan (referee)
The aim of this B. A. thesis is to clarify the status of individual rights within Bentham's philosophy. The exposition is divided into two main parts. Bentham's critique of natural rights is discussed in the first part. Especially, his critique of declarations of natural rights issued during the French revolution is carefully analysed and assessed. Bentham uncompromisingly rejected these declaration on the ground that they were false and dangerous. Subsequently is shown to what extent there can be justification of the primacy of individual rights in relation to interference of political authority in the whole context of Bentham's philosophical system, which is based on the principle of utility. The key concept here is that of expectation and secondary security-providing principle is particularly important. There are two contending conceptions. On the one hand we see liberal conception of individual pursuing her own happiness, on the other hand there is racionalistic idea of legislator who manipulate the whole society according to the dictate of utility. The gap could be filled if we did not understand the principle of utility as moral arithmetic capable of solving every problem. We can conclude that basic logic of Bentham's utilitarinism is limited by significant truths about human condition and...

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1 VENCLÍK, Josef
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