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The US Supreme Court, its, formation and first key decisions
Miřejovský, Jan ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
The US Supreme Court, its formation and first key decisions The thesis offers an insight of an era in which the Supreme Court of United States was founded and established itself as one of the major government institutions as well as a strong powerhouse of American politics. Essential for understanding of the future importance and role of the Court is to perceive not only its own early history but also an understanding of broader context concerning a development of the early American society as a whole. The thesis based on this implied layout consists of three main chapters. The first attempts to grasp a vast set of conditions which served, each to a different extent, as an inspirational background influence for the Founders in the creation of an American statehood. The natural rights philosophy, a product of the Age of Enlightenment, introduced by the work of John Locke set a foundation for American political thinking. The natural rights approach gloriously manifested itself in the Declaration of Independence (1776) and from then on runs as a red thin line throughout the entire legal history of United States. The Founders in the creation of a new American order amalgamated their knowledge of past human endeavors in various state systems and social structures into a constitutional based system of...
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The Concept of Autonomy : (conditions of modern subjectivity and historicity of the concept of law)
Janoščík, Václav ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
of the diploma thesis Janoščík Václav The Concept of Autonomy (Conditions of modern subjectivity, of the concept of law and of historicity) Submitted thesis aims at articulation of the concept of autonomy in its complexity. At first it pursues specific contexts of the notion to arrive at its structure. At first we try to explore prospective of analytical philosophy of law to situate the concept of autonomy to the heart of the idea of law. This efforts unfolds itself by an unorthodox interpretation of natural right theory of Herbert Hart's early work. Second chapter discusses the framework of the philosophy of history, that are based on the idea of an autonomous subject. Seemingly paradoxical linkage of Heidegger's fundamental ontology and Kosík's dialectics of the particular articulates the historical function of the autonomy. Next chapter connects Kosík with Cornelius Castoriadis in the perspective of social theories. Also in their normative core we can identify our notion of autonomy. Fourth chapter follows the theory of disenchantment of the world of Marcel Gauchet. We reformulate it as a realization of the ideal of autonomous subject in order to contextualize the concept historically. Last topic of the first part is the framework of the intellectual history. Here we situate Dieter Henrich and...
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Landscape, language, man - a culturological study
Tisucká, Beáta ; Czumalo, Vladimír (advisor) ; Lapka, Miloslav (referee)
Landscape, language, man - a culturological study Abstract The first part of this study views some of the contributions involving landscape theme. One of them analysis water element in landscape as the symbol of the human imagination and unconsciousness. Symbols, meanings and their creating are the most important human ability; this is the typicall quality for the human kind. In opposition to culture and its network of meanings exist nature and wildness that represent primary world without artificial interferences. At the present time this primary world can be nearly experienced in forest, where no loud meanings and hypertrofic symbols disturb us. Thus forests have an important function for reanimating and purification of human culture. An interesting mention of forest aesthetics from foerster H. von Salisch shows how creative and beatiful can the forest managering or landscape managering be. Next part references to space and to relationship between a subject (man) and its space. In generally meaning we can use the term environment. Each man needs to identificate with his living environment and he also needs to understand its meaning. According to Martin Heidegger's phenomenological philosophy we use term habitation. Habitation means existence in human way - each man lives between sky and ground. Ancient...
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Film as medium
Vodrážková, Katrin ; Bystřický, Jiří (advisor) ; Marcelli, Miroslav (referee)
Work deals with film as a medium, which is based in the broad sense of the concept of media philosophy, the core field of electronic culture, in the narrower sense is the theme set in the philosophy of film. Here I refer to the importance and functioning of the film as a medium, that brings a new dimension of vision, space and time. This media is a thinking and percipient medium, environment raising a new forms and concepts of vision, this medium needs a vision, and the vision in turn requires thinking. One previously tried to explain the outside world through symbols, which were combined into images, but gradually it became the image is too complex. Then tried to explain through pictures and text fonts linear nature of thinking has brought a new element - time. But now the man finds himself in a situation where he meets with the return of paintings, because of the complexity of the texts of modern times. Invention, the technical picture which can explain the text and becomes a reality. You need to be able to see beneath the surface of the mechanism of this type, including photographs and film, and not see only the inputs and outputs. With that is also linked to new forms of visual display sequence and other technology and way of seeing, or a comparison between the exe of the viewer and camera.
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System of copyright protection in the CR and the USA
Jírovská, Alena ; Wünschová Pujmanová, Alexandra (referee) ; Žikovská, Petra (advisor)
RESUMÉ Copyright protection under the Czech and U.S. law The main purpose of this thesis is to compare the key aspects of the European civil law approach and the Anglo-American system of the copyright protection. This paper also aims to outline current issues that copyright protection confronts in the digital age. The first of the five chapters is introductory and describes general concepts that both of the legal systems are based on. It addresses the philosophical backgrounds and evolution of the European and Anglo- American legal traditions and also mentions the relevant Czech and U.S. legislation. The differences between the civil law and the common law theories are explained by illustrating the individualistic European approach founded on the natural rights philosophy and the commercial U.S. approach based on utilitaristic principles. The second chapter is dedicated to explaining the subject matter of copyright under the Czech and U.S. laws. The categories of the original works of authorship are described and, above all, attention is given to the moment in which the copyright protection is effectively created. Under the Czech law, the legal conditions are met when expressing the work in any form that is objectively perceivable by a human being. On the other hand, the requirement of fixing the work in...
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Philosophical aspects of environmental aducation and consulting
Marková, Kateřina ; Hogenová, Anna (advisor) ; Semrádová, Ilona (referee) ; Švecová, Milada (referee)
TITLE: Philosophical aspects of environmental education and consulting AUTHOR: Mgr. et Mgr. Kateřina Marková DEPARTMENT: Department of civics and philosophy SUPERVISOR: Prof. PhDr. Anna Hogenová CSc. ABSTRACT: This Dissertation deals with philosophical bases of environmental education. It conducts a survey of a historical development from nature protection education, through environmental care, ecological education, and environmental education up to education for sustainable development in the Czech Republic. In the chapter "The Reasons of environmental education" certain until now nonanswered questions are formulated, following the chapter where Fink's educational antinomies are discussed. Environmental schools are described by Činčera like ecological education - positivistic stream, global education, deep ecological education and way back to roots, education for sustainable development, and education for ecoliteracy. The crucial theme of the Dissertation is the chapter of a philosophical base of the environmental education. According to Patočka and Palouš we are living just now in an era that can be called as ecological one. From the presented theoretical analysis under a help of philosophy, or more exactly said philosophy of education, followed cardinal philosophic topics of ecologic education, that...
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Multiplicity and singularity: impulses of Whitehead's philosophy for aesthetics
Kaplický, Martin ; Zuska, Vlastimil (advisor) ; Petříček, Miroslav (referee) ; Marcelli, Miroslav (referee)
The present PhD Thesis has two basic aims. First aim is an introduction of many-ťaceted philosophy oť Alťred North Whitehead in a new way. The key to this introduction is an analysis oť Whiteheaďs Category oť Ultimate as creativity ťunctioning within two limits, multiplicity and singularity. The second aim is an application oť Whiteheaďs philosophical scheme to aesthetic theory. The Thesis is thereťore divided in two parts. First, philosophical, part contains three chapters. Each oť them endeavours to characterize certain Ieve! oť Whitcheaďs philosophical oeuvre. The first chapter concerns with Whiteheaďs detinition oť speculative philosophy and tries to point out the role oť multiplicity and singularity. The second chapter pursues the analysis oť actual occasion in its process oť concrescence. The third chapter deals with Whiteheaďs conception oť society. The second aesthetical part contains two chapters. The tirst chapter oť the second part introduces Donald W. Sherburne's development oť Whiteheadian aesthetics, based on Whiteheaďs conception of proposition. lt draws attention to Sherburne's static understanding oť natural beauty, and tries to develop more dynamic interpretation. The second chapter oť the second part shows the environmental aesthetics of Allen Carlson, who argues that aesthetic experience...
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Linguistic interpretation of a legal text in philosophical contexts
Švára, Ondřej ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
SUMMARY: Linguistic interpretation of a legal text in philosophical contexts Keywords: philosophy of law, interpretation of law, language interpretation The thesis deals in a broader sense of the word with interpretation of legal texts and in the strict sense of the word with language interpretation itself. At the beginning of my thesis I explain why this is so particularly topical and problematic issue in the contemporary law. The reason is mainly the fact that because of many changes and events the modern law is more complex and extensive than in the past. This naturally leads to the question how to interpret such law. The aim of the thesis was to compare the relationship of law and language in the context of analytical philosophy, which was one of the most influential intellectual movements of the 20th century. The language is a paradigm of many scientific theories nowadays and as such deserves more intention of lawyers. I focused mainly on the role of meaning of words used for interpretation. In particular, I discussed the issue whether a legal term can name a thing. The most important finding of my thesis is the following one: No, things can not be named by meaning of the individual expressions. To prove the theory the thesis also deals with some other philosophical issues. Chapter VIII, for...
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The Existential Poetry and Jiří Orten
Veselka, Martin ; Špirit, Michael (advisor) ; Wiendl, Jan (referee)
The work is divided into two chapters. In the first one the World's and Czech poets (chosen on the basis of Orten's list of reading) are analyzed. Those authors could be understood as impersonators or predecessors of the existential tendencies and it's provable Orten knew their works well (i.a. Rilke, Rimbaud, Akhmatova, Mácha, Weiner, Halas, Holan, Zahradníček, Bonn and Daniel). The second and more voluminous chapter consists of the motives' and topics' analysis of Orten's literary work, focused mainly on the poetry and less on the other literary genres - notes, letters, prose. The most of his poems and notes is based on the factual life experience and their ethos is founded on both existential and Christian moral philosophy. There's also an influence of some other intellectual tendencies and artistic styles like folk literature, romanticism, impressionism, less intensively expressionism, naturalism, psychoanalysis, surrealism and naturism. To get the coherent interpretation of Orten's work it's necessary to reflect (beside the existential motives) the pathos of the intimate traumatic relationship to the father, the girl(friend)s and the unborn child as well as the deeply Christian understanding of reality (connected with the biblical /The Old Testament/ dialogical relation to the God, the...
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Problems of Penitencial Care and Its Consequences Projecting into the Field Postpenitencial Care
Javůrková, Tereza ; Dočkal, Jan (advisor) ; Bachmann, Otto (referee)
I worked on various philosophic themes relating to punishment and on the origins of the role of punishment in society. This chapter explores the nature of incarceration and the problems which can arise from a penology viewpoint. I later focus on the psychological aspects of the incarceration period, the stress and trauma involved and the various problems resulting from this. The following chapter is dedicated to the problems of aggression in penal institutions. I later focus on alternatives to typical incarceration methods, examine the alternatives and look at the advantages and dis advantages of the various approaches. I then focus on rehabilitation and reAsocialisation programs for prisoners released conditionally and those who served their entire sentence. These programs work with the incarcerated who were conditionally released from prison and also with those who served their sentence in its entirety. Powered by TCPDF (www.tcpdf.org)
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