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Selected Conceptual Deviations, Synonyms, and Homonyms in the Czech Legal System
Minařík, Vojtěch ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
Selected Conceptual Deviations, Synonyms, and Homonyms in the Czech Legal System Abstract This work addresses selected conceptual deviations, specifically legal terms whose meaning cannot be derived through simple linguistic interpretation. These include terms sharing the same meaning (synonyms), terms having multiple meanings (homonyms), and phrases forming provisions in legal regulations, which, in their entirety, acquire a meaning different from their common understanding in general language. The study focuses on a group of selected concepts, examining and building a theory around their origin and characteristics. The acquired insights are presented coherently, and relevant conceptual deviations, forming the basis for the author's conclusions, are provided as examples for better understanding and clarity of the subject matter. The initial step involves dealing with different theoretical approaches concerning the evaluation of law. A comparison is made between the iusnaturalist perspective, which is highly open to legal evaluation, and the positivist approach, where evaluation is fundamentally irrelevant and is to be understood only in a practical sense as a proposal for changing the interpretation of legal norms. Furthermore, the study establishes criteria for such evaluation, i.e., criteria for...
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