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Marriage law and today's society
Král, Daniel ; Agha, Petr (advisor) ; Chmel, Jan (referee)
53 Marriage law and today's society Abstract The thesis focuses on the comparison of social advance in the context of family, pointing out the relatively rapid development towards equality and the reduction of stigmas associated with unmarried cohabitation. This societal development is then confronted with the existing legal framework, especially in the Czech Republic. This thesis attempts to point out the rigidity of the legal system and to identify certain injustices resulting from it for the addressees of legal norms. This thesis is divided into 4 parts. The first part deals with the concept of family and how this phenomenon is perceived in terms of sociology. In part two, the thesis focuses on marriage, with particular emphasis on delineating the problems associated with marriage. Part Three then describes marriage in terms of different schools of thought, where marriage is analytically confronted with questions of the meaning and function of its existence in legal orders. Finally, in the fourth part, different directions of legal regulation are presented that could ensure a more just and comprehensive regulation of matrimonial, and therefore family law, so that this regulation meets the requirements of today's society. Overall, the work focuses mainly on property rights, inheritance rights and some...
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The limits of humanity. Robots are getting dangerously close to humans, while you tend not to consider various groups of people as (fully) human.
Slavík, Vratislav ; Agha, Petr (advisor) ; Kosek, Jan (referee)
The limits of humanity. Robots are getting dangerously close to humans, while you tend not to consider various groups of people as (fully) human. Abstract Recent years have seen a significant shift in the legal debate on artificial intelligence. The moment the European Commission presented its proposal for an AI law, the initial issues, such as whether artificial intelligence should have legal personality, the liability of autonomous vehicles, or in which legal professions we can expect AI to replace humans, ceased to dominate. This, after years of public consultation and deliberation, is a legal framework for the comprehensive regulation of artificial intelligence. The paper moves from presenting the conceptual context of the debate on regulating artificial intelligence, through the theoretical debate on defining artificial intelligence, to the AI Act. After a brief summary of the origins, context and main features of future regulation, the paper discusses the risk classification model on which future AI regulation is to be based. The thesis describes all of the risk categories covered by the AI Act. The work proceeds from the top of the risk pyramid, which includes AI systems that pose an unacceptable risk, to the level of AI systems that pose only a minimal risk and remain unregulated from the...
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Populism as a threat to liberal democracy and the role of media
Němečková, Zuzana ; Agha, Petr (advisor) ; Urban, Michal (referee)
1 Populism as a threat to liberal democracy and the role of media Abstract This master's thesis focuses on concept of populism as an ideology. The first part of this thesis is concerned with the analysis of a hypothesis that views populism as a threat to liberal democracy and this hypothesis is then proven on various individual aspects of liberal democracy as is defined by Andrew Heywood. Next, this thesis is concerned with some critics of the concept of the liberal democracy itself such as Carl Schmitt or Chantal Mouffe. As shown on the example of an article by Belgian political scientist Chantal Mouffe it refutes the concept of left-wing populism as a ,,good" populism. Then, it concerns with some of the critical remarks of Ivan Krastev and Stephen Holmes that were outlined in their book The Light that Failed: A Reckoning. The next subchapter is concerned with some explanations as to why people are voting for populists - this includes the crisis of representation, then language used by populists and finally the desire to be recognized. The last three subchapters of first part concerns with three different countries as representatives of three different types of populism, more specifically it concerns with Hungary (right-wing populism), Spain (left-wing populism) and the Czech Republic (technocratic...
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Jewish Law
Půlpánová, Klára ; Kosek, Jan (advisor) ; Agha, Petr (referee)
Jewish Law Abstract The diploma thesis presents the Jewish law as a juridical system. In the first part it introduces the reader to the concept of halakhah and its content. Then it places the development of the Jewish law in historical context, introducing its evolution from a historical and critical perspective as well as from a traditional halakhic perspective. The thesis divides the Jewish law into biblical and rabbinic law and also captures and further discusses the various characteristics of the Jewish law, which are multivalence, the absence of centralization, the diversity of opinions of halakhic savants and ritual law as a ubiquitous part of legal norms. It also describes the sources of halakhah and presents a selection of the most important literary sources of the Jewish law, together with a brief account of their historical development. One chapter of the thesis is also devoted to rabbinic hermeneutics. The thesis introduces three concepts of hermeneutical rules called midot. The first one is the seven rules of Hillel, the second one are the thirteen rules of Rabbi Yishmael, and the third concept is the thirty-two rules of Rabbi Eliezer. The thesis demonstrates by examples the application of these rules in the exegesis of biblical legal norms, and thereby also illustrates the concept of the Jewish...
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The Roma (Gypsi) Holocaust
Wilde, Boris ; Kosek, Jan (advisor) ; Agha, Petr (referee)
The central theme of this thesis is the Roma Holocaust. Through the historical realities the Roma Holocaust is placed in a legal but also a wider sociological context. The individual stages in the development of the legal status of the Roma minority from approximately the thirteenth century form the internal division of the first mainly historical part of the work. The aim of this part is to point out the causes that to a certain extent determined the investigated events during the Second World War, but also the post-war development and the current status quo. The second part of the work directly analyzes the Roma Holocaust, while the emphasis is on the development in Nazi Germany but also on the development in the individual successor state units of the first Czechoslovak Republic. The differences in the state policy towards the Roma minority during the Second World War, which led to various consequences, are illustrated on the mentioned state units. The third and last part of the thesis is devoted to the development after the Second World War and its purpose is to point out the process of reflecting on the Roma Holocaust and the significance of this process for post-war society, both within the united Czechoslovakia and the independent Czech Republic. Emphasis is mainly on the question of how...
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Interception - a public issue? Publishing the records of police in mass media
Janoušek, Milan ; Urban, Michal (advisor) ; Agha, Petr (referee)
The focus of my thesis is the issue of publishing police wiretaps in mass media. The work is divided into four parts. The first part deals with the role of mass media in today's society and its influence on politics and democracy. All of which from a media studies point of view. It also focuses on infotainment as I consider publishing wiretaps as one of the most significant manifestation of this growing trend. The second part explores mass media from a legal point of view. It describes the current state of media legislation and self-regulation. Basic terminology and the rights and responsibilities of journalists are defined in the chapter. Using the test of proportionality, it explains how courts decide when the freedom of expression and the right to privacy collide. Decisions of the Czech Constitutional Court and the European Court of Human Rights are frequently cited in the work for a better understading of the issue. The third part is an analysis of various aspects of police wiretapping pursuant to the Criminal Procedure Code. Apart from legislation, it describes the practical aspects of wiretaps handling. File leak prevention is also discussed in the chapter. The fourth, yet the most original, part of the thesis is an analysis of two cases where wiretaps were published without consent during the...
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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,...
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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...
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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...
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The portrayal of law in the movie
Muschaliková, Dominika ; Urban, Michal (advisor) ; Agha, Petr (referee)
The portrayal of law in television programs on the example of the series Judge Barbara Dominika Muschaliková Abstract This diploma thesis deals with the depiction of law and lawyers in Czech serial production on the example of the TV show Judge Barbara. It analysis means the creators use to capture the judicial environment and the impressions of the judicial environment viewers get from the show. It also compares this depiction with reality and evaluates the educational potential of the show. The second part seeks to answer the question of whether it is ethically permissible for real judges and lawyers to participate in the production of these programs, draws attention to the complexities of professional advice on television production and gives future legal advisers recommendations how to proceed when asked to partipate in such project. Key words Portrayal, law, television, court proceedings, TV shows, Judge Barbara
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