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Formalism in Law
Brezina, Peter
The theme of this thesis is "formalism in law" as a concept that permeates an essential part of modern legal thinking. This work shows that it is usually perceived as a critical concept, but without a clear and steady meaning. In recent times, however, the discussion involving this concept changed so that it now includes individuals positively acknowledging themselves as formalists. An overview of this debate (only marginally concerning the Czech environment yet, however) forms the bulk of the thesis. The second essential part of it is a separate rethinking of the place of formalism in law, in all its aspects - in interpretation and application of law, in the creation of law, even in legal education and legal scholarship. This thesis consists of three unequal parts, the first of which is further divided into three sections. The first part deals with the formalism as a topic of discussion in legal philosophy during the entire 20th century, and the intention is to present this debate to Czech readers. Its first section is devoted to a topic typically linked to criticism of formalism in law in Western legal scholarship, as it presents the American legal realism of the interwar period. It shows it as a strong and visible culmination of earlier critical efforts visible on both sides of the Atlantic...
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A History of Criminal Law in the Czech Lands in 1848-1989
Jablonický, Tomáš ; Kuklík, Jan (referee)
1 Summary Dissertation builds an objective, transparent, systematic and yet concise interpretation of the history of criminal law in the Czech lands in 1848-1989. The aim of this work is, however, not only to chronologically present the most important criminal codes, but also to tell a parallel story of criminal law science and criminology, which to a bigger or lesser degree substantially influenced the development of criminal law and criminal legislation. Therefore, this work also includes biographical and bibliographical profiles of leading Czech educators, criminal law scientists and criminologists - the founders and pioneers of Czech and Czechoslovak criminal law science, whose lives have been closely linked with the complicated socio-political events of the given historical period. History of criminal law shows a strong interconnection of criminal law and policy, which consequently causes the criminal law without proper criminal law science and criminology to be the most politically affected branch of law. For this dissertation is symptomatic the search for critical causes and factors that lead to progress or, on the contrary, to the decline of criminal law. In such moments, the criminal law science and criminology emerge again, naturally and clearly, from a scientific analysis of historical events of...
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Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
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Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
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A History of Criminal Law in the Czech Lands in 1848-1989
Jablonický, Tomáš ; Kuklík, Jan (referee)
1 Summary Dissertation builds an objective, transparent, systematic and yet concise interpretation of the history of criminal law in the Czech lands in 1848-1989. The aim of this work is, however, not only to chronologically present the most important criminal codes, but also to tell a parallel story of criminal law science and criminology, which to a bigger or lesser degree substantially influenced the development of criminal law and criminal legislation. Therefore, this work also includes biographical and bibliographical profiles of leading Czech educators, criminal law scientists and criminologists - the founders and pioneers of Czech and Czechoslovak criminal law science, whose lives have been closely linked with the complicated socio-political events of the given historical period. History of criminal law shows a strong interconnection of criminal law and policy, which consequently causes the criminal law without proper criminal law science and criminology to be the most politically affected branch of law. For this dissertation is symptomatic the search for critical causes and factors that lead to progress or, on the contrary, to the decline of criminal law. In such moments, the criminal law science and criminology emerge again, naturally and clearly, from a scientific analysis of historical events of...
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Termination of an Employment Relationships on the basis of one-sided legal actions
Jindřich, Pavel ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Termination of an Employment Relationships on the basis of one-sided legal actions Abstract This final thesis deals with the topic of termination of an Employment Relationships on the basis of one-sided legal actions. Its aim is to provide insight into the current legal regulation of labor law in the Czech Republic and to present a comprehensive overview of ways of termination of an Employment Relationships on the basis of one-sided legal actions using applicable legal regulations, legal literature and jurisprudence. This final thesis is based on the search of specialized literature and the jurisprudence of the Supreme Court of the Czech Republic, Supreme Administrative Court of the Czech Republic and Czech Constitutional Court. My final thesis in its first part explains terminology Employment Relationships, Employment Contract, Agreement to complete a job and Agreement to perform work. The main part analyses of applicable legal regulation of labor law and current jurisprudence in the field of termination of Employment Relationships on the basis of one- sided legal actions by Employer and by Employee, whose validity requires written form. The main part is dedicated to the termination by notice, immediate cancellation and cancellation of an Employment Contract during a probation period by both - by Employer...
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A theoretical conception of liability in private law
Janeček, Václav ; Beran, Karel (advisor) ; Holländer, Pavol (referee) ; Elischer, David (referee)
(English) What is liability?1 This "big" question has proven to be too tough for many private law theorists during the past 60 years. A dominant Czech approach to liability is the so-called theory of sanction: liability is a secondary duty imposed due to breach of a primary duty. At the same time, however, liability is conceptualized as an active institute, i.e. as liability to fulfil an obligation. This implies a specific "Czech" problem of liability: a paradoxical situation where a man can be liable because he was sanctioned, and also be sanctioned because he was liable. Liability in this sense seems to be an inherently flawed and meaningless concept, since both theories aspire to describe liability to the same extent (co-extensively). The most recent trend in Czech legal theory is thus a sceptical approach that completely eliminates the concept of liability from legal discourse. This is contrary to an ongoing and presumably meaningful debate on liability in foreign non-Czech literature that supports the most recent analytical and normative approaches to European legal regulation and its developments. Unlike in Czech language, this literature treats liability (Haftung) and responsibility (Verantwortung) as two discrete concepts. But why is this so? Wher does the "Czech" problem of liability come...
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Dissintegration and Search for order. Two basic variables in Shia islam political philosophy
Růžička, Jan ; Barša, Pavel (advisor) ; Slačálek, Ondřej (referee) ; Franěk, Jakub (referee)
"Dissintegration and Search for Order" Two basic variables in Shia Islam political philosophy abstract The aim of the thesis is to classify the form of political leadership and domination in Shia islam's political ideology, their development and ability to succeed in political reality. I especially focus on the Shia understanding of political power and its connection to infallible Imam as secular and religious leader of the Shia community. For analysis of the concepts I use the description of early Islam, including the Shia reasons for the dissolution of Muslim ummah, as well as the reasons that led to the multiple division of Shiism. I analyse specific examples of ideological break up of the Shia community (Ithnasharia, Isma'ila, Hashashins, Alawi, Duryz and modern Islamic Republic of Iran) and finally cardinal reformulation of understanding of political leadership and domination by Ayatollah Khomeini. His concept Wilāyat al-faqīh (Guardianship of the jurist) started the era of radical transformation of the Shia political ideology, although he wanted only to modernize it and not to establish a brand new set up. My aspiration is therefore to analyze whether era of multiple dissolutions of political order will still continue or whether concept of Wilāyat al-faqīh can represent final step to end "period of...
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