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Quid iuris? (Descriptive Theory of Legal Interpretation and Argumentation)
Žák Krzyžanková, Katarzyna ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
The objective of the PhD-thesis is analytical and comparative description of the main theoretical and philosophical approaches to the issue of legal interpretation, focusing on practical application. Initially, attention is paid to explanation of the concept of legal interpretation itself, focusing also on the practical meaning of differentiation between each designatum of the concept of legal interpretation as well as the reflection thereof in the applicable law. Other parts of the thesis include an introduction to the general typology of the theories of legal interpretation followed by a more detailed analysis of the three basic contemporary theories (philosophies) of legal interpretation, namely analytical approach (both the so-called horse-shoe analysis and soft-shoe analysis), hermeneutic approach (attention is paid to the traditional as well as modern hermeneutics, both the phenomenological and methodological branch), and discursive approach (represented by the rhetorical-topical view of discourse as well as the procedural concept of discourse). The PhD-thesis results in the pronunciation of a syncretic opinion that the different theories of interpretation of law should be explained and taught in mutual context because this dialogic approach provides a guarantee that their conclusions and...
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Analysing Foreign Policy Change through Political Discourse. The Case of the Attitude of France towards the Reform of the United Nations Security Council
Kabáčová, Michaela ; Weiss, Tomáš (advisor) ; Tomalová, Eliška (referee)
The reform of the United Nations Security Council belongs among the most discussed topics in the field of international relations. The criticism calling for adjustments to the Council's structure arose with the transformation of the international scene during the years of the Cold War. The process of decolonisation and the subsequent growth of the UN membership along with the decline of Great Britain and France fuelled the international pressure calling for the UNSC to reflect this new situation in its composition. However, in spite of the great number of proposals, since 1963 there has not been any major change. France, a permanent member of the Security Council, continued maintaining its negative attitude towards the reform until the end of the Cold War. Nevertheless, shortly after the end of the Cold War, the position of France changed. This change was articulated through the speech of Alain Juppé at the plenary meeting of the General Assembly in 1993, where France openly supported the UNSC reform. It can therefore be said that in 1993 there was a great change in French foreign policy. This thesis analyses how this change is projected in political discourse. Its aim is examining the nature of argumentation in the abovementioned discourse along with the way it corresponds to the...
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Argumentation and debate as effective means of developing communicative competence
Špaček, Ondřej ; Švermová, Dagmar (referee)
The presented rigorous thesis deals with the topic of argumentation and debate in the teaching of German as a foreign language in high schools and gymnasiums. In its theoretical part, it examines the attitude of Czech pupils and teachers to the contribution and meaning of teaching argumentation in schools using questionnaires and personal interviews. The author also analyses the mediation of communicative competences, especially argumentation, in textbooks for German as a foreign language. The research and analysis show that both teachers and pupils see good reasons to study argumentation for both school and "practical" life. At the same time, it is revealed that the mentioned textbooks show shortcomings in the mediation of communicative competences, in particular in regard to pragmatic competences. In addition to this, the work presents two projects, which largely support the development of communicative competences for pupils: "Jugend debattiert international" (International youth debates), which teaches pupils the art of debating, and the DSD II language exam, which verifies the language competences of pupils at the B2/C1 level according to the Common European Framework of Reference for Languages. In the practical part, the author presents some methods and exercises that can be well used to...
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Analysis of the speech profile of David Rath presented by Czech audiovisual media
Švejkovský, Jakub ; Just, Petr (advisor) ; Klabíková Rábová, Tereza (referee)
The aim of this diploma thesis is to analyze the rhetorical profile of one of the most prominent Czech rhetors after the Velvet revolution, physician and politician David Rath. In the theoretical part, the author comprehensively processes the history of public speaking based on the ancient but still current rhetorical tradition of ancient Greece and Rome. Furthermore, the work describes all the specifics defining both the interpersonal communication itself, as well as its individual aspects - specifically, verbal, nonverbal and psychological components, along with persuasive and manipulative techniques. The practical part is co-created by two key aspects - the career and political profile of David Rath and the analysis of his speech. The theoretical basis in combination with the knowledge of the life story of the central speaker forms the basis and context for the analysis of Rath's rhetoric. On carefully selected speeches, the author then examines in detail how the observed rhetor can adapt to various situations across the communication spectrum. The researched findings can then be used for further analyses of a similar focus.
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Analysis of communication and argumentation of Andrej Babiš presented in TV programmes Otázky Václava Moravce (Question of Václav Moravec) and Iterview ČT24 in the years 2014-2017
Vitáčková, Eliška ; Jirák, Jan (advisor) ; Köpplová, Barbara (referee)
This diploma thesis deals with the verbal and nonverbal communication of the former Minister of Finance Andrej Babiš and especially examines his ability to argue. The thesis consists of two parts. The theoretical part explains the basic concepts - verbal communication, language means, nonverbal communication, argument and argumentation and pragmatic linguistics. The analytical part of the thesis is based on the principles of qualitative research. The programs of Czech Television - Questions of Václav Moravec and Interview ČT24 were selected for the analysis. The choice of these programs was mainly related to their nature. In the case of Interview ČT24, one moderator and one guest are present. In Questions of Václav Moravec, Andrej Babiš gets into a controversy not only with the moderator of the discussion, but also with other guests. For the analysis of the mentioned areas were selected parts of programs in 2014, when Babiš became Minister of Finance, and in 2017, in which he last acted as Minister of Finance. Between these years, episodes in 2015 and in 2016 were chosen, which made it possible to follow the development of Babiš's speech over the time. The final chapter then summarizes the main findings of the research. The result of this thesis is a characteristics of the speech and appearance of...
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The Phenomenon of Fake News in the Czech Media Milieu
Beránek, Matěj ; Švantner, Martin (advisor) ; Marcelli, Miroslav (referee)
This thesis focused on disinformation, providing analysis of media system in the Czech Republic. The main focus is on content analysis of disinformations and their persuasive function - explaining what are the ain characteristics of those news and which lingual and rhetorical tools they use. The main tool which is discussed and analysed in this thesis is fallacy, false or invalid arguments. Disinformation phenomenon and its place in today's world is explained in their first part of the thesis. The second, empirical part of the thesis looks at specific examples of disinformations which were published at selected Czech disinformation news websites (Aaronet, AC24, Instory.cz). Selection of those websites was guided by their diversity when it comes to structure and themes. The sample of analysed articles was subject to predefined standards, chosing articles with the theme of immigration crisis which were published between 2015 and 2017.
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Czech avant-garde argumentation, in ReD magazine's replies to outer eriticism
Škopková, Andrea ; Kučera, Štěpán (advisor) ; Köpplová, Barbara (referee) ; Bednařík, Petr (referee)
The theme of the work is assessment of argumentation strategies used by Revue Devetsil (ReD) editors, eg in response to articles published elsewhere or other critical contributions - especially in the context of conflict of art and politics. In particular, the observed situations relate to cases in which ReD editors expressed their views on the evaluations of contemporary avant-garde movement. The content of the study is an analysis of argumentation techniques according to social viewpoint. Rather than formal stylistic means, the text is oriented to contents and context of the use of specific or repeated arguments, especially the position from which the message is being produced. At the same time, the work captures the communication traits and characteristics of the First Republic cultural journalism and the position of the Czech avant-garde at the turn of the 1920s and 1930s. The thesis is divided into four chapters and a conclusion. The first one presents the media landscape of the First Republic cultural journalism, the second chapter informs about Devetsil movement, third part focuses on presentation of the goals of the Revue Devetsil, the fourth chapter presents examples of argumentative concepts on the genre of the manifesto, the polemics and the theoretical study. The conclusion discusses...
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Argumentation in interaction: The sequential structure of accounts in television debates
Kopecký, Jakub ; Kaderka, Petr (advisor) ; Kraus J., (referee) ; Orgoňová, Olga (referee)
Argumentation in interaction: The sequential structure of accounts in television debates Abstract This dissertation concentrates on the sequential structure of argumentation in spoken interaction. The point of departure is the concept of argumentation as linguistic action based on accounting for a controversial position with the purpose of convincing listeners of its acceptability or in order to defend it when it is challenged. The dissertation's specific aim is to describe the interactional context of argumentation using material from TV debates. The study utilizes ethnomethodological conversation analysis combined with elements of argumentation theory. The objects of empirical analysis are the types of linguistic action in argumentation interaction (e.g. the call for argumentation or the challenge to a position or argument) and the means of signaling argumentation. The research focuses on the analysis of the sequential organization of the TV debate, including the system of turn-taking, and on describing the sequential contexts of the argumentation in this genre. Attention is devoted to so-called argumentative sequences, i.e. series of mutual argumentative responses (problematizations) by the debate participants. Also examined are other types of linguistic action which initiate argumentation by...
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Quid iuris? (Descriptive Theory of Legal Interpretation and Argumentation)
Žák Krzyžanková, Katarzyna ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
The objective of the PhD-thesis is analytical and comparative description of the main theoretical and philosophical approaches to the issue of legal interpretation, focusing on practical application. Initially, attention is paid to explanation of the concept of legal interpretation itself, focusing also on the practical meaning of differentiation between each designatum of the concept of legal interpretation as well as the reflection thereof in the applicable law. Other parts of the thesis include an introduction to the general typology of the theories of legal interpretation followed by a more detailed analysis of the three basic contemporary theories (philosophies) of legal interpretation, namely analytical approach (both the so-called horse-shoe analysis and soft-shoe analysis), hermeneutic approach (attention is paid to the traditional as well as modern hermeneutics, both the phenomenological and methodological branch), and discursive approach (represented by the rhetorical-topical view of discourse as well as the procedural concept of discourse). The PhD-thesis results in the pronunciation of a syncretic opinion that the different theories of interpretation of law should be explained and taught in mutual context because this dialogic approach provides a guarantee that their conclusions and...
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