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Legal Argumentation: Correct and Incorrect Ways of Drawing Conclusions
Drozdková, Anna ; Žák Krzyžanková, Katarzyna (advisor) ; Maršálek, Pavel (referee)
Legal Argumentation: Correct and Incorrect Ways of Drawing Conclusions Abstract This master's thesis addresses the issue of legal argumentation and its significance within the context of the Czech legal environment. Legal argumentation represents a key element in the process of legal implementation, especially in the phase of its discovery, and it has a fundamental impact on the legitimacy of decision-making. The aim of this thesis is to provide a comprehensive overview of this issue, ideally covering its entirety. Argumentation is broadly conceived as presenting reasons for a certain conclusion with the aim of convincing the recipient to accept such conclusion. In this conception, both correct, appropriate methods of argumentation, as well as incorrect methods of argumentation, are included. The thesis thus strives to define the boundary between correct and incorrect argumentation and to identify criteria for evaluating the correctness of argumentation. The first part of the thesis situates legal argumentation within the context of the process of legal implementation, examining its role in the discovery of law and the assurance of the process's legitimacy. The second part focuses on argumentation itself, defining its essence and specifics in the legal context, including the judicial one. The third part...
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Design of leg for crash test dummy
Maršálek, Petr ; Semela, Marek (referee) ; Bilík, Martin (advisor)
This thesis is devoted to the design model of the lower limbs crash test dummies. It describes how the dummy developed historically, what are currently available for crash tests, what they are made and what their future will be. The main motive of the work is to design a model of lower limb for crash tests, with emphasis on the human anatomy. The work is characterized by how the figurine is produced using the form from material Thermolyne Clear, wood as a substitute human bones and the agar substitutes such as human muscle.
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ICT Selection
Hanyk, Tomáš ; Maršálek, Petr (referee) ; Koch, Miloš (advisor)
This bachelor thesis deals with the selection and implementation of information systems for businesses PORTABELL limited liability. There are described theory,methods, and analysis technologies that are closely related of the information system. Based on the analysis of the requirements the company is selected, the corresponding information system which is designed draft of implementation process.
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Islam and the legal system of the Czech republic in the context of changes at the beginning of the twenty first century
Bullová, Veronika ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
Islam and the legal system of the Czech republic in the context of changes at the beginning of the twenty first century Abstract The theme of this diploma thesis is Islam and the Czech law in the context of the changes at the beginning of the 21st century. The aim of the thesis is to evaluate the mutual compatibility of Islamic and Czech law. The introduction points out the fact that Islam is the fastest growing religion in the world. The first chapter introduces Islamic law, investigates its main characteristics and roots. The following chapter compares the chosen legal branches. The thesis tries to identify the points of conflict between Islamic and Czech law and cites concrete examples. In the realm of religious freedom, the thesis concludes that by the reason of the determination of punishment for apostasy from faith and the absence of equal access to persons of different religious beliefs, or to persons without faith, the Islamic legal legislation is not compatible with the Czech legal legislation. The thesis also examines from both views the area of private law legislation, concretely the family law legislation, the inheritance law, and the law of obligations. In the area of family law, the thesis concludes that the Islamic legal legislation is not compatible for the reason of the unequal status of...
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Cognitive Biases in Legal Thinking
Zaklaiová, Vanda ; Žák Krzyžanková, Katarzyna (advisor) ; Maršálek, Pavel (referee)
Cognitive Biases in Legal Thinking Abstract This diploma thesis addresses the phenomenon of cognitive biases in legal thinking, i.e., it connects the latest findings in psychology and behavioural economics with various areas of law. It aims to introduce selected illusions of mind to the reader, especially those most significantly affecting not only judges, forensic experts or attorneys, but also legislators and policy-makers, as well as general public when they come into contact with law. The thesis also presents ways of eliminating the negative influence of biases on law and justice (to the extent possible), and even suggests appropriate use of them for the benefit of the society as a whole. The thesis is therefore a review study, mostly based on the analysis of dozens of empirical studies, which on one hand informs the readers about the errors resulting from the cognitive biases, and on the other hand encourages application of the proposed methods of eliminating the negative impact of errors in readers' own legal practice - or at least encourages them to take the analysed biases into account. The introduction briefly explains why lawyers should take the latest findings in the field of cognitive and behavioural sciences into account. Furthermore, it explains what heuristics and cognitive biases are, and...
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Teaching Ethics at Law Schools
Roháček, Petr ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
Název diplomové práce, abstrakt a 3 klíčová slova v anglickém jazyce Teaching Ethics at Law Schools The thesis focuses on the importance and need for teaching ethics at law schools. The basic thesis of this text is that ethics should be one of the most important subjects in law schools. To support this thesis, three key questions are explored: why teach ethics in law schools, what to teach in teaching ethics, and how exactly to teach ethics. The thesis employs an analysis of psychological studies, a search of relevant literature, particularly foreign sources, and, in places, a comparative analysis of the state of ethics teaching in the United States with the state of ethics teaching in the Czech Republic. As a result, the basic thesis is defended and a general frame of reference is provided that can be used for the further evolution of legal education. The thesis also opens the space for further discussion on the necessity of changes in the education of future lawyers and offers a direction in which this teaching could be directed, including the integration of modern didactic methods. The thesis is structured in such a way that it proceeds in an explanatory way from the abstract to the concrete. At the same time, each chapter lays the foundation for understanding the next. In the first chapter, the thesis...
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The issue of legal pluralism in contemporary society. A weakening role of state in the context of legal pluralism.
Orletová, Julie ; Maršálek, Pavel (referee)
The issue of legal pluralism in contemporary society Abstract This work aims to describe the phenomenon of legal pluralism, its expressions and functioning in contemporary society and evaluate the findings in connection with the weakening role of the state. The role of law is changing more and more in today's global world, especially in an increasingly less homogeneous society. The plurality of contemporary society is increasingly penetrating normative systems, which in turn affects the very functioning of the state as an authority. Legal pluralism reflects the life of contemporary society. From the perspective of legal pluralism, we gain a new understanding of law. The concept of legal pluralism enables the law to respond in a more flexible way to the plurality of contemporary society, as law increasingly faces difficulties in reflecting the social reality of contemporary society. Related to laws that do not reflect this plurality is a growing distrust of people in the state and its institutions, which contributes to the weakening role of the state. One of the possibilities for the state to strengthen its role is to restore confidence of the citizens in the state and its institutions. This can be also achieved by creating good written law. State law should take into account the phenomenon of legal...
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Development and implementation of 3D geometry extraction method for topological optimization
Šotola, M. ; Rybanský, D. ; Maršálek, P. ; Halama, R. ; Kopačka, Ján ; Ježek, Ondřej ; Gabriel, Dušan ; Tejc, J. ; Pašek, M. ; Kovář, L.
This research report TN01000024/08-V012 is an output of the subtask of the project TN1000024/08 Automation and production system optimization, one of the objectives of which is to develop methods of post-processing of topological optimization (TO) results in cooperation with MECAS ESI Ltd. Three different smoothing approaches are discussed: the Taubin method, volume representation using radial basis functions and smoothing by remeshing using the Netgen library.
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Review of methods for the post-processing of topological optimization results
Kopačka, Ján ; Ježek, Ondřej ; Gabriel, Dušan ; Šotola, Martin ; Rybanský, David ; Maršálek, Pavel ; Halama, R. ; Tejc, J. ; Pašek, M. ; Kovář, L.
The research report is an output of the sub-project TN1000024/08: Automation and production system optimization in cooperation with MECAS ESI Ltd on the development of methods for post-processing of topological optimization (TO) results. In this report a detailed survey of these methods is introduced as necessary tool for seamless integration of the results TO with subsequent numerical simulations and additive manufacturing. The selected method for post-processing based on a level-set approach using radial basis functions has been implemented and successfully tested on a well-known 2D Messerschmitt-Bölkow-Blohm (MBB) beam test problem.
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