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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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Authority and conformism; social psychology of Nacism
Dvořáková, Denisa ; Kosek, Jan (advisor) ; Pithart, Petr (referee)
Authority and conformism; social psychology of Nazism This thesis attends to Nazism from the perspective of social psychology. Its aim is to analyze Nazism by using chosen theoretical concepts of social psychology, namely authority and conformism. The work begins with the presentation of the concept of totalitarianism, when in the first instance the term totalitarianism is generally defined and then the great part of this chapter deals with the concept of totalitarianism in Hannah Arendt's conception. At the end of this chapter there are mentioned some limits of Hannah Arendt's conception. The ideology of Nazism is the content of the next chapter. There are terms ideology and Nazism defined and subsequently there is the goal and basic characterization of Nazi ideology given. The third chapter deals with the authority and the conformism as social psychological phenomena. The first part of this chapter defines conformism, lists the possible resolution of its causes and basic typology of its consequences. Furthermore, there are presented the most important classical studies in the field of the scientific study of conformism carried out by laboratory exepriments and briefly outlined the problems of disposal and situational approach. Next a brief treatise on modern individualism as a possible aspect of...
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Modern states and genocides : the fate of Turkish Armenians and European Jews
Šeferna, Václav ; Kosek, Jan (advisor) ; Pithart, Petr (referee)
Modern states and genocides: the fate of Turkish Armenians and European Jews This thesis primarily explores the relationship between modernity, modern thinking and modern state on one hand and the Holocaust, Armenian genocide or other genocides, on the other. The purpose of my thesis is to answer the question whether a modern state can be considered a perpetrator of both these tragedies. Furthermore, in my thesis I investigate the causes of these genocides and mainly the influence of nationalism, bureaucracy and racism. The first part of the thesis is devoted to genocide and implementation this concept in international criminal law. I deal with the emergence of this concept and its subsequent development as an independent crime under international law. In the second part I deal with the classification of genocides. First, I deal with the typology of genocides by individual authors. I also examine the differences between traditional massacres and modern genocide, name the pivotal features of modern genocide and try to answer the question of whether it makes sense to use the term "traditional genocide" at all. In the next chapter I focus on the Armenian genocide. This part begins with a short introduction of the Armenians, a quick overview of their history and a description of the Armenian situation in the...
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