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Rethinking Justice in Common Sense
Pilařová, Eva ; Tuček, Milan (advisor) ; Petrusek, Miloslav (referee)
Within the university colloquium in winter 2006 a set of questions came into being considering fairness and justice in dimensions which are not quite conventional in Czech quantitative research. For the purposes of the survey the set was called "common justice" and was included into the omnibus research of public opinion "Our Society" on January 2006. The following essay reassumes the results of this inquiry and is composed of two parts or main chapters. The main part summarizes existing approaches in the field of justice and fairness theories including the historical development of ideas about this phenomenon. In this part I deal with theoretical concepts of justice and dimensions which form central thematic units in quantitative research of fairness, but I also consider the common theoretical level concerning fairness as philosophical issue. In the next chapter I summarize the situation in the field of contemporary postmodern sociology of fairness and analyze the mentioned set of "common justice" questions regarding circumscribed connections and contributions of these questions to the problems of understanding the justice within common sense and its more general meaning. In this analysis I deal with comparison of opinions on actual and ideal form of fairness and fair principles, and its relations...
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Legal status of adopter and the best interests of the child
Pilařová, Eva ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
This rigorosum thesis focuses on the analysis of the current legislation of the institute of adoption in Act No. 89/2012 Coll., the Czech Civil Code, focusing on specific requirements for the person of a potential adopter. Criteria related to the legal status of the adoptive parent are critically examined in this work primarily through the prism of the equality principle and the principle of the best interests of the child as a paramount principle of adoption enshrined in international conventions by which the Czech Republic is bound. The main goal of this work is to draw attention to the conservative approach of the national legislator to issues related to the adoption of the child, in which the strong roots of historical views and traditions are still evident. The evaluation of the suitability of the adopter's marriage as a basic condition for the adoption of a child is realized by comparison with foreign legislation, by analysis of relevant provisions of international treaties governing family and child rights and foreign case law and by research in sociology and law. The final part of the thesis is devoted to reasoning about the legal regulation of the requirements for the legal status of the adopter de lege ferenda. The final chapter contains a summary of the reasons why the current approach...
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Rethinking Justice in Common Sense
Pilařová, Eva ; Tuček, Milan (advisor) ; Petrusek, Miloslav (referee)
Within the university colloquium in winter 2006 a set of questions came into being considering fairness and justice in dimensions which are not quite conventional in Czech quantitative research. For the purposes of the survey the set was called "common justice" and was included into the omnibus research of public opinion "Our Society" on January 2006. The following essay reassumes the results of this inquiry and is composed of two parts or main chapters. The main part summarizes existing approaches in the field of justice and fairness theories including the historical development of ideas about this phenomenon. In this part I deal with theoretical concepts of justice and dimensions which form central thematic units in quantitative research of fairness, but I also consider the common theoretical level concerning fairness as philosophical issue. In the next chapter I summarize the situation in the field of contemporary postmodern sociology of fairness and analyze the mentioned set of "common justice" questions regarding circumscribed connections and contributions of these questions to the problems of understanding the justice within common sense and its more general meaning. In this analysis I deal with comparison of opinions on actual and ideal form of fairness and fair principles, and its relations...
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