National Repository of Grey Literature 84 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
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...
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...
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...
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...
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...
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.
Aristotleś conception of man as zoon politicon and its relevance today
Krejča, Jiří ; Koloušek, Martin (advisor) ; Maršálek, Pavel (referee)
Aristotle's conception of man as zoon politicon and its relevance today Abstract The thesis analyses Aristotle's conception of man as zoon politikon, which is the basis of his ethical and political thought. In addition to the concept of man, this thesis explores the broader ethical and political context of Aristotle's thought. Concepts such as rationality, free action and justice are discussed. It then goes on to define the very concept of man as a political creature. The starting point is Aristotle's biological writing, the Historia Animalium, where man is presented as one of the political species found in nature. The biological basis is then elaborated by a political and ethical investigation that places man in the context of the polis. Subsequent explorations further develop a holistic and complex conception of man. Aristotle's conception of human life, reason and happiness is explained. This is followed by an examination of man in interpersonal relations in the community. Attention is focused on the relations between master and slave, man and woman, individual and community. By synthesizing the findings, it is then possible to develop a delineation of the concept of man as zoon politikon that is not dependent on the environment of the ancient Greek city-state. Five basic elements of this conception are...
Relationship between law and morals in the contemporary society
Pastoráková, Mária ; Maršálek, Pavel (advisor) ; Tryzna, Jan (referee)
ZÁVĚR Soudobou společnost charakterizuje řada jevů, které přispívají k nárůstu komplexity sociální skutečnosti. Vývoj je velice dynamický a probíhá do velké míry spontánně - není kontrolován z jednoho či několika center, nýbrž je výsledkem aktivity mnoha různých nehierarchizovaných subjektů a skupin. Jednotící obecný rámec společnosti je rozrušován a v oblasti hodnotové orientace dochází k partikularizaci. Společenská morálka se proměňuje - do pozadí ustupuje objektivní vzorec správného života, který je nahrazen akceptací různých životních stylů. Paralelně s tím se jako primární morální hodnota prosazuje princip snášenlivosti a tolerance. Nastoluje se otázka, do jaké míry je další existence společnosti tímto vývojem ohrožena, nebo-li zda je morální a hodnotový konsenzus tím, co společnost stmeluje a umožňuje tak její další pokračování. Stoupenci konzervativního názorového proudu se domnívají, že morální shoda je vitální podmínkou společenského života a vnímají právo jako efektivní nástroj k vyjádření resp. prosazení hodnot společnosti. Naproti tomu převažující liberální názorová pozice je, pokud jde o dopad morálního relativismu na společnost optimističtější a brání se obecnému stanovení omezujícího hodnotového rámce realizace svobody jednotlivce, pokud výkon individuální svobody neohrožuje svobodu jiného....
Legal responsibility
Pražák, Pavel ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
- Legal responsibilty Pavel Pražák The purpose of my thesis is to analyze the institute of legal responsibility that is very often used in the Czech doctrine and in legal acts. The reason for my research is to clarify the clear content of this term. The thesis is composed of two parts, each of them using a different method. Part One is deductive. It is divided into eight chapters. Chapter One is introductory and defines the term "responsibility" according to the common Czech language and clears the terminology used in the thesis. Chapter Two examines mechanisms of Roman law similar to the contemporary legal responsibility. It deals primarily with the institutes of "nexum" and "stipulatio". Chapter Three concentrates on the function and role of legal responsibility in law. It defines its most universal function as well as its concrete roles. Chapter Four is subdivided into four subchapters and provides an outline of relevant Czech doctrinal concepts of legal responsibility, such as the concept of active responsibility or the sanction doctrine. It also deals with the classification of the concepts provided by Josef Macur in the 80's. Chapter Five describes the German doctrine in the field of legal responsibility. It clears the German terminology, deals with the doctrine of "Schuld und Haftung" and...

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