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Legitimization of Law by Jűrgen Habermas and Niklas Luhmann
Mucala, Václav ; Šamánek, Jan (advisor) ; Grznár, Miroslav (referee)
This article is comparation of sociological theories of Niklas Luhmann and Jürgen Habermas, specifically by their relation to law and the way it acquires its justification in society. The key difference of both attitudes is result of different approaches to concepts of system. Jürgen Habermas holds concept of open system and it makes him to think about law as institutionalization of communicative racionality of lifeworld. Theory of Niklas Luhmann shifts to the concept of closed system an it characterizes las as institution which lives its own life normatively closed to social enviroment. Comparsion of both theories by legitimity of law leads us to ask about their relation to positivistic concepts and the concepts of natural law. We argue that sociology of Law presented by Jürgen Habermas has its similarities with natural law concepts and autopoietic law of Niklas Luhmann has much in common with legal positivism. In spite of both has different attitude to rationalization of law, they describe legitimization of law in terms of procedure. Finally we argue, that there is possibility to find common elements and that those theories can understand each other.
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Direct presidential election in Czech Republic
Ryčlová, Dorota ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
- Direct presidential election in the Czech Republic: reasons, conditions, consequences This diploma thesis is concerned with different aspects of implementation of the direct presidential election in the Czech Republic. It is aimed to discover the actual reasons for passing the Constitutional Act No. 71/2012 Coll., which introduces this institute into the Czech constitutional system. For the purpose of doing so, the thesis is divided into three parts. The first one presents and evaluates particular arguments (historical, political, constitutional, legal etc.), which were used by the proponents of this institute on one hand and by its opponents on the other. The content of the second part is the most extensive as it follows up the comparison of bills attempting to implement the direct presidential election into the Constitutional Act since 2001 up to the present. Therefore this part contains thirteen bills in total, including the one, which later becomes the Act No. 71/2012 Coll. Individual bills are compared and contrasted. The pertinent political and social circumstances accompanying their origin are also briefly mentioned. As the result of this comparison the author comes to the conclusion that the true motive to pass the Constitutional Act No. 71/2012 Coll does not lie in its content or its...
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Violence and the Political
Svorník, Petr ; Slačálek, Ondřej (advisor) ; Bíba, Jan (referee)
The main subject of this paper is the course of state and violence under the impact of processes of globalization and privatization, culminating in the beginning of 21st century. Max Weber's definition of state as the monopoly on legitimate violence within certain area is highlighted, the aim of this work is to show current unsustainability of a nation state by this definition and also to describe other possible meanings of state in globalized world. After the theoretical introduction characterization of historical process of monopolization of violence by the state follows - contemporary course looks like the exact opposite of historical process, during which the state expropriated all of the other possessors of rights to use physical force. Next chapter depicts the present-day role of the state in globalized world and also possible re-interpretaions of this role for new, cosmpolitan state, whose task should be worldwide promotion of human rights and defence against planetary self-destruction. The paper is closed by emphasis on openness of the whole process - transnational companies try to promote an opinion that there is no chance of state's survival - that is true, but only for the state defined in national, not cosmopolitan terms.
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Confidence in criminal justice and compliance in the Czech Republic
Homolová, Pavla ; Buriánek, Jiří (advisor) ; Podaná, Zuzana (referee)
The thesis is aimed at normative and instrumental aspects of compliance with the law and cooperation with the criminal justice system in the Czech society, namely trust in the police and criminal courts and their perceived legitimacy, personal morality and perceived risk of sanctions. Its purpose was to empirically verify the revised Tyler's procedural justice model of compliance as suggested by Jackson et al. (2011) within the Czech context. A review of literature on the topic implied potential constraints to validity of the model in the Czech society, mainly in respect to low levels of trust and legitimacy of the police and courts. Nevertheless, the empirical analysis based on structural equation modelling with use of two representative datasets (ESS Round 5 2010, Bezpečnostní rizika 1999) indicates trust in police procedural fairness to be - in contrast to fear of sanctions - a strong factor in predicting compliance. The obligation to obey the law shaped mainly by trust in procedural fairness and personal morality appear to be comparatively the most important predictors of compliance in the Czech Republic. The model was not significant in case of courts nor for the 1999 dataset, probably due to poor internal consistency of some constructs. Keywords confidence, legitimacy, criminal justice, compliance
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The meaning of counter-revolution in two waves of thought
Jarolím, Lukáš ; Sládek, Jan (advisor) ; Mlynář, Jakub (referee)
Aim of this thesis is to understand the mening of word counterrevolution. It does so by analyzing and interpreting moder nand traditional thought, focusing namely on social dynamics and also analyzing authors, who belou to traditional wave of thought. They are authors who directly interpreted French revolution and then authors who continued thein work. Question about legitimacy of counterrevolution and about counterrevolution per se will be raised. Keywords: counter-revolution, revolution, order, conservatism, legitimacy
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Great Britain and R2P in the case of the intervention in Libya
Mistrík, Peter ; Váška, Jan (advisor) ; Anděl, Petr (referee)
The responsibility to protect (R2P) norm represents a major shift in the perception of the scope of the state's sovereignty, the conditions of its existence and the situations when it is lost in favour of the international community. The protection of the civilians has become the top priority. If it is endangered, it is the world's duty to act. Exactly in the way it happened in Libya. The goal of this project is to answer the question whether the British participation at the 2011 military campaign in Libya can be regarded as legitimate according to the R2P. It is a case study where a concrete situation, i.e. the international intervention in Libya is applied to a theoretical framework that is represented by five conditions set by the R2P. The conditions must be met in order to launch a foreign armed intervention in a state that manifestly fails to protect its population facing large-scale crimes against humanity. These conditions serve as a basis for determining the legitimacy of UK's participation in the military intervention in Libya. The careful analysis of each of them proves that Britain acted in accordance with the R2P and the mandate that was entrusted to her by the international community. However, it was not true about few of her allies. Combined with Libya's uncertain future, the R2P must...
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Ospravedlnění a kritika v Evropské unii: studie legitimity v praxi
Gheorghiev, Olga ; Maslowski, Nicolas (advisor) ; Blokker, Paulus Albertus (referee) ; Smith, Simon (referee)
Justifications and critique in the European Union: a study of legitimacy in practice Mgr. Ing. Olga Gheorghiev ABSTRACT Inspired by the pragmatic sociology of critique developed by Luc Boltanski and his collaborators, this thesis examines how legitimacy is produced in public debates at the EU level through the craft of justification and critique among competent actors. In doing so, this research takes aim at three specific episodes in the history of the European integration that share in common the qualities of uncertainty of outcome, controversy in public debate and the urgency to reach a form of consensus and thus to resolve the created uncertainty. The examined events are the following: the Eastern enlargement of the European Union, the ratification of the Lisbon Treaty, and the adoption of specific measures in reaction to the European sovereign debt crisis. The theoretical part of this thesis situates the potential of the sociology of critical capacities for the study of the EU among other theoretical traditions, pointing out directions in which this particular theoretical framework could cover some of the limitations of other approaches. This is followed by the empirical part, which is divided in three chapters for each of the examined historical episodes. While structured somewhat symmetrically, each...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
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