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Archaic, Traditional Law and Modern Commercial Law: A Study of Their Comparisons
Ledvinka, Tomáš ; Sokol, Jan (advisor) ; Kandert, Josef (referee) ; Brezina, Peter (referee)
The old anthropological question of the comparison between an archaic or traditional commercial law on one hand and a modern commercial law on the other is revisited using a conceptualization of an empirical study of legal comparisons performed within the real decision-making processes at work in the current Czech justice system. Commercial law is represented by a single legal institution - the law of reciprocity (comitas gentium) - which regulates the cooperation between various legal authorities and legal systems potentially entangled in cross-border commercial disputes. The reader is first introduced to the context and evidence-dependency of any legal comparison ranging from the representation of law and feud in Yemen at an asylum trial, to the legal systems regulating exchange contracts in Afghanistan involving cross-border disputes. The idea of comparing legal systems as two autonomous social units is abandoned in favor of the study of the comparative practices of a small population of Czech legal authorities, which furnishes readers with plenty of questions about the social organization of legal cognition. The dissertation refrains from drawing final conclusions using legal comparisons, instead it focuses on the limitations and barriers of marshalling evidence (symbolic representations) of...
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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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Archaic, Traditional Law and Modern Commercial Law: A Study of Their Comparisons
Ledvinka, Tomáš ; Sokol, Jan (advisor) ; Kandert, Josef (referee) ; Brezina, Peter (referee)
The old anthropological question of the comparison between an archaic or traditional commercial law on one hand and a modern commercial law on the other is revisited using a conceptualization of an empirical study of legal comparisons performed within the real decision-making processes at work in the current Czech justice system. Commercial law is represented by a single legal institution - the law of reciprocity (comitas gentium) - which regulates the cooperation between various legal authorities and legal systems potentially entangled in cross-border commercial disputes. The reader is first introduced to the context and evidence-dependency of any legal comparison ranging from the representation of law and feud in Yemen at an asylum trial, to the legal systems regulating exchange contracts in Afghanistan involving cross-border disputes. The idea of comparing legal systems as two autonomous social units is abandoned in favor of the study of the comparative practices of a small population of Czech legal authorities, which furnishes readers with plenty of questions about the social organization of legal cognition. The dissertation refrains from drawing final conclusions using legal comparisons, instead it focuses on the limitations and barriers of marshalling evidence (symbolic representations) of...
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Formalism in Law
Brezina, Peter ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Škop, Martin (referee)
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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