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The Roma (Gypsi) Holocaust
Wilde, Boris ; Kosek, Jan (advisor) ; Agha, Petr (referee)
The central theme of this thesis is the Roma Holocaust. Through the historical realities the Roma Holocaust is placed in a legal but also a wider sociological context. The individual stages in the development of the legal status of the Roma minority from approximately the thirteenth century form the internal division of the first mainly historical part of the work. The aim of this part is to point out the causes that to a certain extent determined the investigated events during the Second World War, but also the post-war development and the current status quo. The second part of the work directly analyzes the Roma Holocaust, while the emphasis is on the development in Nazi Germany but also on the development in the individual successor state units of the first Czechoslovak Republic. The differences in the state policy towards the Roma minority during the Second World War, which led to various consequences, are illustrated on the mentioned state units. The third and last part of the thesis is devoted to the development after the Second World War and its purpose is to point out the process of reflecting on the Roma Holocaust and the significance of this process for post-war society, both within the united Czechoslovakia and the independent Czech Republic. Emphasis is mainly on the question of how...
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Professional ethics of judges in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....
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Social and psychological grounds for, and legalization of the holocaust
Paleček, Lukáš ; Kosek, Jan (advisor) ; Mucha, Ivan (referee)
Title of the thesis: Social-Psychological Causes and the Legalization of the Holocaust Summary: Although the Holocaust (a word for suffering of millions of individual people of vastness that stretches beyond our imagination) is a rather distressing topic I chose to carry out this re- search for two reasons, which prevailed. First, the experience shows that extreme situations reveal many latent features of human psyche - studying them is tempting. Second, the Holo- caust is a morally and politically important and still topical theme because not forgetting evil is a manner of its prevention. The purpose of my thesis is to present (and emphasise) the idea that the tragedy of the Holo- caust did not merely have causes, which can be described as political or economic (or exclu- sively psychiatric - which is perhaps the most dangerous simplification), but that a significant part of what happened is explainable from the point of view of social psychology. The second of the main goals of the thesis is to analyse anti-Semitic law (and very briefly also anti- Gypsies law) of the war Slovak state. To integrate researches in the two aforementioned scientific disciplines (social psychology and legal history) in a coherent unit I chose to use the Czech penal law's concept of elements of crime. There are four basic...
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Sociology of knowledge and its impact on a society
Havel, Tomáš ; Mucha, Ivan (advisor) ; Kosek, Jan (referee)
51 Sociology of Knowledge and Its Influence upon the Society SUMMARY The law, representing one of the specific systems of the society, can be viewed on different levels. These levels namely include the normative, axiological and legal- sociological level. Within the context of social sciences we examine the law as social phenomenon acting upon the society. Through mythology, and primarily through various forms of legal communication, this influence constitutes the legal awareness that is subsequently influenced by biogenic, psychogenic and social factors. In the broadest sense, the notion of knowledge denotes a set of information or concepts of certain facts. The knowledge encompasses not only theoretical knowledge but also practical techniques and skills, i.e. ways by which theoretical knowledge becomes a part of practice. The starting point of the present work is the view of the society through the eyes of the sociology of knowledge. Between the systems of knowledge, language and law, there exists a connection that develops in history, within the society differentiated into segments, as well as vertically and horizontally. In the modern (industrial) period, the field of social sciences is viewed through the systems theories that are deeply rooted in natural sciences, namely biology. At present we regard...
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Discrimination against Roma in the Czech Republic ?
Buday, Marek ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
1 Abstract - Discrimination against Roma in Czech Republic? The purpose of my thesis is to analyse the issue of discrimination against the Roma people in the Czech Republic, particularly from the perspective of the state - whether the Roma ethnic group in our country is indeed discriminated against and how the state copes with this possible racial discrimination. This theme became more important in connection with the riots in Šluknov in 2011. The thesis is divided into four main chapters. Chapter One deals with the history of Roma-related legal acts promulgated in our lands. It covers the history from the arrival of the Roma in our lands, the promulgation of legal acts during the Austro-Hungarian Monarchy and Czechoslovakia, until the effort of the Communist Party to assimilate them. Chapter Two is focused on the discrimination against Roma in education. In this chapter I analyse the judgment of the Grand Chamber of the European Court of Human Rights on the case D. H. and others vs. Czech Republic. On this judgement, the court held that there was discrimination against the Roma concerning their access to education and violation of the European Convention on Human Rights and its protocols by the Czech Republic. After an evaluation of this judgement I propose some measures which could lead to the elimination...
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Human dignity: universal principle in particular application
Broz, Jan ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
This thesis probes the relevance of objections against newly establishing contemporary paradigm of human dignity, based on connection between dignity and Kantian views on human autonomy, which possess universalistic ambitions. First chapter introduces the fundamental concepts of human dignity during history. The chapter shows there have been evolved at least three different concepts: (i) dignity as an internal value; (ii) dignity as a social status; and (iii) dignity as a certain manner of social behavior. Second chapter consequently deals with courts` techniques regarding the dignity as a legal concept. The conclusions extrapolated from German, Israeli and South African judicial decision-making noticeably support objections raised in contemporary discourse against the abovementioned universalistic concept. In spite of these universalistic ambitions, human dignity represents concept enabling to construe individual human rights through values shared by vast majority in certain jurisdictions. This mindset naturally leads to the limitation of individual freedom rather to its expansion, in the name of an idea that ideal moral order objectively exists. Consequently, the authority of classical human rights is considerably weakened. In third chapter the effort to analyze and construe current judicial practice is...
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Relationship between human naturalness and community
Hexner, Adam ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
Relation of human nature and community A principal theme of this diploma thesis is the community thought of about as an entity managing the law and justice with the respect to human nature followed in the work of three selected authors: Aristotle, David Hume and Friedrich A. Hayek. According to each of them, community is not unnatural but develops through either a natural or spontaneous process. All three are also critics of social contract theories. This work is successively focused on each of the mentioned philosopher, somewhere resulting in comparison. The description of creation and development of society, concept of nature and human nature and government and law function is carefully interpreted. The explanation is subsequently adjusted to the author specific justification through which is the Aristotle's teleology, Hume's moral sense theory and Hayek's emphasis on irrationality and spontaneity being reflected. Despite the divergences, the introduction of these three distinctive approaches provides a relatively uniform and authentic perspective on the relationship between human nature and the community.
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Reflections of totalitarian regimes in Poland and Czechoslovakia after 1989.
Lunter, Jakub ; Kosek, Jan (advisor) ; Mucha, Ivan (referee)
Reflexia totalitných režimov v Poľsku a Československu po roku 1989 Coming to term with totalitarian past in Poland and Czechoslovakia after the year 1989 The aim of the thesis is to compare the process of redistribution of justice (coming to term with communist past) in Poland and Czechoslovakia (with the emphasis on the Czech part of previous federal state) after the fall of authoritarian regime. In order to be able to understand all the circumstances and the discrepancies of these two transitions, the thesis analytically compares the way how transition was proceeded in both countries using Huntington typology of transition. Based on Huntington and transitional justice theories, Poland went through slow transition since new elites had to negotiate every piece of an agreement, which took many years for Poland to transform into democratic country with all basic aspects of liberal democracy. While in Czech republic, transition took merely two weeks which is considered to be "hectic" type of transition. Based on the thesis, hectic transition had an influence on quick legislative changes enacting administrative lustration, while Polish progressive transition (and therefore strong necessity to cooperate for longer period of time with communist leaders) caused delay of administrative lustration. Hectic...
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Philosophical and psychological issues of free will; free will and responsibility
Kolda, Jakub ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
1 ABSTRACT Presented thesis deals with different approaches and methods of research on the free will issue and with the comparison of these approaches and methods. First part comprises of description of the philosophical discourse of free will. This part is divided into four sections. First section includes those free will concepts that can be called hard- deterministic, as they hold the laws of physical determination to be true and they believe that there is no such a thing as a free will in this world. Compatibilist theories whose authors claim that the laws of determination and free will are able to coexist are included in the second section. Third section encompasses those free will theories that claim that free will is not possible both in deterministic and non-deterministic world. These theories are called impossibilist. Libertarian theories which claim that in fact there exists free will in a non-deterministic universe constitute the last section. Content of the second part of the thesis is based upon neurological studies and praxis of legal experts in the field of psychiatrics and psychology in the Czech Republic. Opening section consists of three divisions. The first one is devoted to the description of the physiological correlates of will processes and to the cases of disruptions in these...
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Professional ethics in the practice of attorney-at-law
Černá, Lucie ; Sláma, Milan (advisor) ; Kosek, Jan (referee)
Professional ethics in legal practice Key words: ETHICS, ADVOCACY, PROFESSIONAL ETHICS The primary subject of my diploma thesis is professional ethics related to carrying out advocacy in the Czech Republic and institutions related to the ethics of solicitors. The reason for my choice of the aforementioned subject is mainly my experience in a legal office, where I have encountered many positive and negative approaches to carrying out this profession, and also the public's interest in the ethics of advocacy, which is growing concurrently with the rising needs of citizens to use services by legal consultants and representatives. In the first chapter of my work I describe the key terms (ethics, morals, law), definition of which is fundamental for understanding the issue of professional ethics and I also outline the mutual relations between these terms. In the second chapter I briefly present the short but varied history of advocacy in the Czech Republic, which began in the 12th Century. The third chapter focuses on definition of the institute of professional ethics. The first part concerns professional ethics as a set of moral standards valid for a specific profession and the second part defines professional ethics in relation to carrying out advocacy. The third part of the third chapter is called the...
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