|
|
Mass Media and Their Role in the Mechanism of Legal Regulation
Dvořáková, Kateřina ; Agha, Petr (advisor) ; Havel, Tomáš (referee)
The aim of this thesis is to show how mass media can affect the legislative process. This is shown generally as well as specifically - using the legislative process in the Czech Republic as an example, which is illustrated by a specific case, in which media pressure resulted in the change of legislation. This thesis is divided into four chapters. The first two are theoretical, the third chapter presents a case study and the last chapter draws conclusions from the previous three. The first chapter shows law as an open system, which develops while communicating with the other subsystems of society. Sociological approach to law is presented, as well as selected concepts from sociology of law. Some crucial concepts from law theory are defined. The last part of the first chapter presents the legislative process in the Czech Republic, which is being defined in the broad meaning of this concept. The theme of the second chapter is mass media - first its definition, followed by presentation of selected concepts of relationship between mass media and society, with emphasis on agenda-setting and framing. The third chapter presents a case study of a successful campaign for change in legislation - mass media campaign associated with the premiere of the documentary film Smejdi in Czech cinemas. Role of the...
|
|
|
Architecture of Power : The Power of Architecture and its effective Use in Law
Veselá, Barbora ; Agha, Petr (advisor) ; Kosek, Jan (referee)
Architecture of Power: The Power of Architecture and its effective Use in Law Abstract This thesis is concerned with the relationship between law and architecture and their mutual effects. It is focused on the subject of the prison system where these two fields intertwine, and concludes that the prison system should react to the changing conception of punishment and adapt the appearance of prison buildings. The thesis is divided into six parts which are further subdivided into chapters and subchapters. The first part introduces generally architecture and its mission. First, it deals with the concept itself then with the circumstances under which architecture arises, and also the functions that architecture has in society. It also deals with the impact of a space on humans, with the interconnection of architecture and power or with the representative role of some buildings. This part is a general introduction and it illustrates the nature of the chosen topic of this thesis. The second part deals with the relationship between law and architecture, i.e. how architecture projects into law. The first chapter focuses on architectural works representing law and its symbolism, the second chapter on the criminological approach CPTED which is directly based on architecture and urbanism. The main part of this thesis...
|
|
|
Discrimination aganist Muslims in Europe
Vávrová, Dana ; Kosek, Jan (advisor) ; Agha, Petr (referee)
1 Discrimination against Muslims in Europe The topic of this thesis is primarily the issue of discrimination or non-discrimination of Muslims in Europe. I chose this issue due to the topicality of the topic and, in my opinion, insufficient processing by expert sources. It is currently a major geopolitical problem that Europe is trying to tackle. Whether successfully or unsuccessfully is the topic of this thesis and, above all, the answer to this question depends on the reader of this thesis. Given the situation in predominantly Muslim countries, there is a large influx of migrants who are supporters of Islam. Europe is trying to respond to this situation, but all systems are not changing fast enough to satisfy all parties, with this in mind, there are disputes between the Muslim and non-Muslim populations. The thesis deals with the issues of discrimination and equality in general, where the individual divisions and approaches (direct, indirect, formal, material, equality of opportunities and equality of results, positive, negative) are elaborated. Subsequently, the thesis contains a historical-cultural excursion to Islam (origin of religion, description of historical events, explanation of basic terms, division and specification of sources, the way of Muhammad, pillars of Islam) with emphasis on important...
|
|
|
Effectiveness of Law in behavioral perspective
Bartošová, Iveta ; Urban, Michal (advisor) ; Agha, Petr (referee)
Effectiveness of law in behavioral perspective Abstract The thesis is considering effective influence of law in society. Firstly, the basic concepts on effectiveness of law in fields of theory of law, sociology of law and legal philosophy are briefly introduced along with current system of assessing effectiveness of regulation in Czech legislative process in second chapter. Next it encourages to try on oneself the psychotherapeutical interview with the Law of Benjamin Sells, to find out about one's own potentially hidden ideas and prejudices about law and society. Finally in three consecutive chapters are introduced three basic concepts of human nature (anthropological pessimism, realism and optimism) that are informing our often unconscious choice of instruments used to enhance the effectiveness of law. Anthropological pessimism typically chooses control and deterrence. Anthropological realism uses control and deterrence for those, who are not influenced by softer measures, which it deliberately cultivates - trust and respect. These instruments are than examined from the perspective of their real effects on human behavior by means of research, studies and experiments mostly from the field of social-psychology. Finally, the sixth chapter concerns itself with anthropological optimism, which is introduced on...
|
|
|
Conflicts of legitimacies within the European Union
Venclík, Jan ; Ondřejková, Jana (advisor) ; Agha, Petr (referee)
Conflicts of Legitimacies within the European Union - abstract In the beginning of first part, the thesis focuses on the very concept of legitimacy. The point of reference is rather a sociological conception of legitimacy. Then, the critical overview of theoretical contributions to the topic of EU's legitimacy deficit is provided. On this analytical background it is held that the democratic legitimacy is indispensable for the Union and that there is a necessity of its creating even on union-wide (transnational) level. Subsequently, in the second part dealing with particular modalities of legitimacy within the EU, the thesis makes use of the conteporary democratic theory focusing on the concept and functioning of democratic representation. The framework for the second part is a spatio-mechanical metaphor of four modalities ("vectors") of legitimacy (legitimation) formulated previously in the literature. It consists of indirect legitimacy, parliamentary legitimacy, technocratic legitimacy and procedural legitimacy. Changes in their balance after the Lisbon Treaty are discussed. The chapter on indirect legitimacy focuses on theoretical questions and then looks into the institutional and legislative development. It also provides an analysis of the relevant case-law of the Federal Constitutional Court of the...
|
|
|
Psychological aspects of evidence assessment
Hurych, Jan ; Kosek, Jan (advisor) ; Agha, Petr (referee)
Psychological aspects of evidence evaluation: Abstract The diploma thesis focuses on the topic of judging and decision-making within the process of evidence evaluation. Its main goal is to identify and describe cognitive illusions which can have a negative impact on the process of evidence evaluation. The mutual position of psychology and law in also considered within introductory chapters. The decision making of the judges is initially described by theoretical models. Three cognitive illusions that are essential for evidence evaluation are described in the following chapter. It is anchoring heuristic, hindsight bias and confirmation bias. Eventually risks, which these cognitive illusions represent for evidence evaluation, are described and forms of countermeasures are discussed. One chapter of the thesis is devoted to the description of ego depletion, which could pose another limit for the process of evidence evaluation. Ego depletion describes decline of self-control in cases which demand conscious effort. The judges are probably in a risk of ego depletion. This phenomenon can lead to higher vulnerability towards cognitive illusions and stronger tendency to maintain status quo. Possible countermeasures are described and discussed on one hand against anchoring, hindsight and confirmation bias and on the...
|
|
|
The Left-Wing Reception of Carl Schmitt's Work
Géryk, Jan ; Kysela, Jan (advisor) ; Agha, Petr (referee)
This thesis has dealt with the thought of the German legal and political theorist Carl Schmitt and with the reception of his work by the intellectual Left. The main goals of the thesis were to find out which aspects of Schmitt's work are the most popular among left-wing authors and to search for the causes of this inspiration. Thus, it was necessary to reconstruct the historical context in which such a conservative thinker becomes a frequently quoted author within various branches of leftist thought. In Carl Schmitt's case, because of his shift towards Nazism in the 1930s, there is also a methodological problem of the possible separation of his work from his career and personality, the separation of a particular theoretical approach from the motives which led to this approach. Therefore, the attempt to use Schmitt's thought for progressive left-wing goals is not easily compatible with strictly contextual reading of his work. Schmitt's work itself is described and analyzed especially in the first half of this thesis. The first chapter describes, in the historical context, some basic concepts which Schmitt deals with. The chapter is structured according to main targets of his critique: legal positivism; liberal democracy; quantitative total state, which is able to intervene in every part of society,...
|
|
|
Social psychology of Nazism: conformism, obedience and abuse of power
Vejvodová, Kristýna ; Kosek, Jan (advisor) ; Agha, Petr (referee)
Social psychology of Nazism: Conformism, Obedience and Abuse of Power Thesis Social Psychology of Nazism: Conformism, Obedience and Abuse of Power deals with a human behaviour at the time of Nazism. Since the end of the Second World War, we have been trying to find an explanation of our actions at the time. How could we have participated in torturing and killing so many innocent people? And could we commit something similar again? The horrific nature of the above-mentioned human action is exemplified in the first chapter of this thesis by the story of ordinary men of the Reserve Police Battalion 101. In 1942, at the orders of their superiors these very ordinary German citizens executed 1500 Jewish inhabitants of the Polish village of Józefów. In the following chapters, three important socio-psychological experiments of the second half of the 20th century are analyzed to elucidate the natural tendencies of human behaviour that are critical to a person's ability to act as mentioned above. Firstly, the Solomon E. Asch experiment, which investigates conformism and helps us to understand why we are able to commit evil or not to intervene against it under social pressure. Stanley Milgram's experiment on obedience follows. Milgram indicates how it is easy for most people to obey the authority and follow...
|
|
|
Limitations of freedom of artistic work in Czech society
Žáček, Matěj ; Urban, Michal (advisor) ; Agha, Petr (referee)
The purpose of this thesis is to investigate and identify the present status of relations between a freedom of an artistic work and a legal system of the Czech Republic with reflection of the the way the legal proceedings can affect a public opinion on artistic work. In order to delineate and understand key aspects of the freedom of expression and of the artistic work is the opening theoretical chapter of the thesis divided into two major segments using jurisprudence and aesthetics separately. The goal intended to be attained in the second chapter of this thesis is to identify the characteristics of freedom of artistic work in the most significant international treaties and national constitutional legislative system. Furthermore the chapter links the legislation to judicial practice of European Court of Human Rights, European Court of Justice and the Constitutional Court of the Czech Republic. The core part of the thesis consists of major Czech art vs. law cases divided into three topics by the kind of artistic expression. All cases were chosen for the influence they have had on forming of the author's of this thesis opinions on controversial art. Presented cases were compared to results of a public opinion questionnaire to evaluate the impact of chosen cases on opinions of selected sample of...
|
|
|
Us and them - political parties and the public
Hřavová, Kamila ; Kysela, Jan (advisor) ; Agha, Petr (referee)
The aim of this master thesis is to describe current relations between political parties and the public. Considering the potential extent of the topic concerned, this thesis focuses on providing an overview of the individual phenomena which can be observed with regard to the relations. The thesis begins with a theoretical chapter which outlines subjects of a political system. The second part focuses on a description of historical starting points of the topic concerned. Following the necessary background information for a comprehensive understanding of the topic, the author presents the main, third part which is the core of the thesis. This part is divided into seven chapters in which the individual phenomena, concerning the current relations between political parties and the public, are introduced. The aim of the third, crucial part is not only to describe the concerned phenomena but also to critically evaluate certain measures which are meant to prevent the described problem. A summary of steps which lead to the described situation are included as well. In the first chapter the author focuses on a crisis of the representation model, especially with regard to the issue of alienation between the representatives and the represented. The second chapter focuses on the issue of electoral volatility and the...
|
guest ::
