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Relationship Between Private and Public Law: Past and Present
Šafránková, Anna ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
Relationship Between Private and Public Law: Past and Present Abstract This dissertation addresses the dualism of private and public law from Roman times to the present. It focuses on developments in the content of these concepts in a historical context. The dissertation examines primary sources from Roman law and highlights the significant difference between the distinction between private and public law in Roman law and later misinterpretations of the same. Particular attention is paid to the approach legal science takes to private and public law through the various phases of reception of Roman law, noting the political circumstances that led to the use of the dual concepts of ius publicum and ius privatum from Roman law as well as the change in content of those concepts. The dissertation compares the main differences between modern society and the earlier social system, especially with reference to the socio-legal structure of relationships. It describes the modern ideological sources of values on which modern society is based and traces the ways these values are reflected in modern legal systems. Constitutionalism, emphasis on the legal code as the written source of law, the concept of natural rights, and the concept of the legal state (Rechtsstaat) all made their mark on private and public law in...
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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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The Casual Connection as an Element of the Legal Liability
Haščák, Josef ; Gerloch, Aleš (advisor) ; Beran, Karel (referee) ; Harvánek, Jaromír (referee)
The Casual Connection as an Element of the Legal Liability Abstract of Dissertation The concept of the casual connection is not understood in a uniform manner, although it represents the principal legal institute that enables functioning of the law. However, the nature and purpose of the legal liability in the Czech jurisprudence remains the object of discussions, and this is supported by the fact that the positive legal regulation uses the concept of liability at random. Within the vindicative concept of the legal liability as the secondary legal liability arising as the result of the violation of the primary legal liability, we can discern several basic elements. It is particularly the violation of the legal liability, the negative consequence consisting in the violation of or a threat to the legal values, as well as the casual connection between the wrongful act and the negative consequence. The causal connection is the principal element of the legal liability which represents the objective element whereby a wrongful act may be attributed to a certain subject. Thus, the causal connection transmits the penal liability to the subject concerned. Mostly, it is not difficult to find the element of violation of the legal liability and the negative consequence. However, the situation is more complicated in the...
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