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Modern legal state in the context of Hegel's Elements of the Philosophy of Right
Koloušek, Martin ; Matějčková, Tereza (advisor) ; Jirsa, Jakub (referee)
(in English): This diploma thesis deals with an analysis of modern legal state in the context of Hegel's Elements of philosophy of Right. Hegel is presenting an analysis of the concept and phenomenon of state, which is until contemporary times valid. Although his state can be described as a police state, it has a lot in common with contemporary modern legal state. First, in the thesis a brief overview of thinking about the state, consequently Hegel's conception of state is analyzed, and finally these findings are used to point out selected problems of contemporary state and Hegel's conception. Above all it is shown that Hegel's state, as well as contemporary modern legal state, contain in themselves a contradiction - a contradiction between freedom on one hand and state power on the other hand. In contemporary state is this obvious especially on the problematic position of human rights. In this context, it is possible to draw an advice and lesson from Hegel. However, at the end, it is shown that freedom, as well as human rights are not matter of course, and it is necessary to strive for preserving those values, while the state functions could be performed.
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