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Sovereignty, Law and Power in Carl Schmitt's Early and Weimar Writings
Kollert, Lukáš ; Jinek, Jakub (advisor) ; Gümplová, Petra (referee) ; Chotaš, Jiří (referee)
v anglickém jazyce In my thesis, I scrutinize reflection of the relationship between sovereignty, law and power, and the problem of realizing law in the decisionist theory of Carl Schmitt (1888-1985), as presented in his early and Weimar writings, i.e. in the texts published before 1933. Following introductory remarks on the subject, scope and methodology of the thesis, I open it with a few observations on the relationship between law and power in general. Afterwards, I present basic features of the order typical for modern state, which plays an essential role for Schmitt's philosophy, and outline key attributes of the main theoretical approaches in the 19th century jurisprudence. Subsequently, I examine the problem of the realization of law in connection with the concepts of state, dictatorship and sovereignty in The Value of the State and the Significance of the Individual, Dictatorship and Political Theology and argue that it forms the central axis of Schmitt's decisionism. Dealing with the question of how to distinguish a sovereign from a mere wielder of power, I further analyse Schmitt's concepts of representation and office. Given that it is not clear in Political Theology whom to designate as sovereign in a modern democratic state, I put forward an answer to the question of whether,...
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Kant's Theory of Schematism
Bis, Ondřej ; Kouba, Pavel (advisor) ; Chotaš, Jiří (referee)
The thesis focuses on a chapter from Kant's Critique of Pure Reason, "The Schematism of the Pure Concepts of the Understanding". Kant assumes two independent sources of knowledge, understanding and intuition. These sources need to be overcome, because of their heterogeneity. Schematism is closely related to "The Deduction of the Pure Concepts of the Understanding". That is why the analysis of schemata is preceded by the analysis of this chapter. It shows a more detailed description of a role of intuition with respect to understanding. Firstly, the validity of the categories regarding whatever form of intuition is proved. Secondly, the proof of the validity of the categories regarding specific forms of time and space follows. The chapter on schematism deals with the specific methods by means of which the categories relate to intuition. Kant introduces transcendental schemata bridging the heterogeneity of understanding and intuition. The relation between category and schema is understood as one of analogy. The categories are rules of discursive type of unity of any kind of intuition, whereas schemata are determined as rules of perceptive unity of intuition. Intuition is brought under unity of apperception by means of schemata of imagination. Inseparable part of the thesis is the schematism of...
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Principle of fairness as the foundation of political obligation
Cíbik, Matěj ; Jirsa, Jakub (advisor) ; Chotaš, Jiří (referee)
This paper is (as its title may indicate) trying to cope with a problem of political obligation, which we deem to be at the very centre of political thought. The history of philosophy has proven that coming up with an indepedent reasoning for the acceptance of a state, its institutions and its legal system is no easy task. We think that "traditional approaches," as we may call them, to the problem of political obligation inevitably fail for various reasons. With this background, we examine the principle of fairness, as an alternative and relatively new approach, and try to establish whether it can withstand a fire of critical scrutiny that has been brought upon it. First, we introduce and reconstruct it from works of John Rawls and George Klosko, and then we scrutinize the critical arguments brought by R. P. Wolff, Robert Nozick and M.B. A. Smith. The ultimate result of our investigation is that we really can hold the principle of fairness as the general foundation of political obligation, at least when we accept some presuppositions about moral theory, because arguments for it are, in the final analysis, sound.
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Liberalism and its justification in contemporary political philosophy
Cíbik, Matej ; Jirsa, Jakub (advisor) ; Chotaš, Jiří (referee) ; Moural, Josef (referee)
This thesis attempts to answer one basic question: what we can philosophically say to justify liberalism as a mode of political existence of society. It is divided into three parts. In the first one, I critically survey two popular answers to this question, employing the concepts of self- ownership and value pluralism respectively. I argue that both of them are inadequate and unsatisfactory, mostly because they operate with a conception of person that is too thin for the justificatory task. In the second part, I develop an interpretation of John Rawls and the conception of person he uses. I argue that this conception is crucial with regards to his answer to my question, yet that he provides only a limited and in the final analysis unpersuasive justification for it. The third part tries to remedy the deficiencies of Rawlsian liberalism by providing a better argumentative support for his conception of person and developing from it two arguments aiming to justify liberalism as a mode of political existence of society Key words Liberalism - John Rawls - Pluralism - Conception of person
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Ladislav Hejdánek's conceptual thought in the context of Husserl's phenomenology
Tollar, Václav ; Chotaš, Jiří (advisor) ; Němec, Václav (referee) ; Urban, Petr (referee)
This thesis deals with the notion of conceptual thought as developed by the Czech philosopher, Ladislav Hejdánek, within the referential framework of Husserl's phenomenology. The aim of the thesis is to thoroughly reconstruct the points of departure and basic motifs of Hejdánek's concept, since the reflection of conceptual thought is one of the milestones of Hejdánek's critical thinking, which has not yet been systematically worked out by Hejdánek or anyone else. Hejdánek is interpreted here mainly in the context of Husserl's noematic theory of meaning, enabling us to view Hejdánek through the predicates of a philosophical mainstream as well as to explore some of the problematic points of Husserl's thought processes that are not usually noticed and which have been approached creatively by Hejdánek from an unexpected perspective. The first two chapters present a preliminary overview of Husserl's philosophy (from his Göttingen period in particular), drawing on in-depth research into Husserl's manuscripts carried out by Petr Urban. This overview is followed by four chapters that interpret Hejdánek's concept and finish with a summary, applying the concept of conceptual thought to the world of knowledge and placing the notion of conceptuality within Hejdánek's thought. The individual chapters discuss...
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Kant's Theory of Schematism
Bis, Ondřej ; Kouba, Pavel (advisor) ; Chotaš, Jiří (referee)
The thesis focuses on a chapter from Kant's Critique of Pure Reason, "The Schematism of the Pure Concepts of the Understanding". Kant assumes two independent sources of knowledge, understanding and intuition. These sources need to be overcome, because of their heterogeneity. Schematism is closely related to "The Deduction of the Pure Concepts of the Understanding". That is why the analysis of schemata is preceded by the analysis of this chapter. It shows a more detailed description of a role of intuition with respect to understanding. Firstly, the validity of the categories regarding whatever form of intuition is proved. Secondly, the proof of the validity of the categories regarding specific forms of time and space follows. The chapter on schematism deals with the specific methods by means of which the categories relate to intuition. Kant introduces transcendental schemata bridging the heterogeneity of understanding and intuition. The relation between category and schema is understood as one of analogy. The categories are rules of discursive type of unity of any kind of intuition, whereas schemata are determined as rules of perceptive unity of intuition. Intuition is brought under unity of apperception by means of schemata of imagination. Inseparable part of the thesis is the schematism of...
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Principle of fairness as the foundation of political obligation
Cíbik, Matěj ; Chotaš, Jiří (referee) ; Jirsa, Jakub (advisor)
This paper is (as its title may indicate) trying to cope with a problem of political obligation, which we deem to be at the very centre of political thought. The history of philosophy has proven that coming up with an indepedent reasoning for the acceptance of a state, its institutions and its legal system is no easy task. We think that "traditional approaches," as we may call them, to the problem of political obligation inevitably fail for various reasons. With this background, we examine the principle of fairness, as an alternative and relatively new approach, and try to establish whether it can withstand a fire of critical scrutiny that has been brought upon it. First, we introduce and reconstruct it from works of John Rawls and George Klosko, and then we scrutinize the critical arguments brought by R. P. Wolff, Robert Nozick and M.B. A. Smith. The ultimate result of our investigation is that we really can hold the principle of fairness as the general foundation of political obligation, at least when we accept some presuppositions about moral theory, because arguments for it are, in the final analysis, sound.
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