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The Casual Connection as an Element of the Legal Liability
Haščák, Josef ; Gerloch, Aleš (advisor) ; Beran, Karel (referee) ; Harvánek, Jaromír (referee)
The Casual Connection as an Element of the Legal Liability Abstract of Dissertation The concept of the casual connection is not understood in a uniform manner, although it represents the principal legal institute that enables functioning of the law. However, the nature and purpose of the legal liability in the Czech jurisprudence remains the object of discussions, and this is supported by the fact that the positive legal regulation uses the concept of liability at random. Within the vindicative concept of the legal liability as the secondary legal liability arising as the result of the violation of the primary legal liability, we can discern several basic elements. It is particularly the violation of the legal liability, the negative consequence consisting in the violation of or a threat to the legal values, as well as the casual connection between the wrongful act and the negative consequence. The causal connection is the principal element of the legal liability which represents the objective element whereby a wrongful act may be attributed to a certain subject. Thus, the causal connection transmits the penal liability to the subject concerned. Mostly, it is not difficult to find the element of violation of the legal liability and the negative consequence. However, the situation is more complicated in the...
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Effective Strategies of Forming Legal Consciousness of Upper-Secondary School Students
Urban, Michal ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
The presented PhD. thesis deals with effective strategies of forming legal consciousness of upper-secondary school students, and with methods that can be used for developing it. So far, legal scholars have paid only insufficient attention to this topic, even though many law experts have repeatedly pointed out its importance. Moreover, they stress the fact that a more detailed understanding of legal consciousness of citizens and of ways of influencing it can help us better understand how law works within the society. The thesis opens with the theoretical part, which defines the concept of legal consciousness, describes its level captured by the available empirical research and identifies effective strategies, which possess the potential to cultivate legal consciousness of the youth. In the following practical part, the author seeks to verify effectiveness of these strategies by means of student questionnaires, interviews with teachers and observations of their lessons. The theoretical part firstly introduces legal consciousness as the basic concept of the whole thesis. The first chapter presents the understanding of legal consciousness as one of the key terms of every law because it connects the world of law in books with the world of law actually experienced by people on day to day basis. Legal...
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Axiological aspects of the effectiveness of law application
Čechák, Petr ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
I. Values and value judgment represent phenomena influencing effectiveness and efficacy of law. More precisely the fact whether definite values are reflected in a content of law influences (or at least has a capacity to influence) efficacy of law. A value judgment relating to law, i.e. question whether law is believed by valuing subject (addressee of legal norms as commands of holder of authority) to reflect definite values influences (or at least has capacity to influence) effectiveness of law. Effectiveness as well as efficacy of law represents measure in which purposes relating to law are fulfilled as an effect of law. Effectiveness represents a measure in which behavior of addresses of legal norms complies with a content of law. The purpose that is to be fulfilled there is a reduction of entropy of social relations so that law could create an order. Efficacy of law is itself conditioned by effectiveness of law (achievement of decent level of effectiveness of law as a purpose represents a means in relation to achievement of efficacy of law as well). In case of efficacy of law the purpose that is to be realized is achieving a common good or in other words providing such a setting of social relations that enables a "social reproduction", i.e. not just biological reproduction but also reproduction...
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Obstacles to effectiveness of law
Baňouch, Hynek ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
217 SUMMARY H. BAŇOUCH: PŘEKÁŽKY EFEKTIVNOSTI PRÁVA. DISERTACE. PRF UK V PRAZE Summary The dissertation thesis Obstacles to effectiveness of law points out to the phenomena, processes and approaches which diminish social effectiveness of law. Effectiveness of law is presented in its legal theoretical as well as economical and sociological form. The author does not give priority to any model of effectiveness, but rather examines advantages and weak points of each model while concurrently keeping a considerable distance from economic ideologization of law. Effectiveness studies, however, should always pursue real effect of law and, plainly speaking, they strive to trace the difference between law in books and law in action. As follows from the analysis of abstract effectiveness, effectiveness of law should be seen as a whole, because focus on partial results can diminish the overall effectiveness. Cost effectiveness is not able to produce a satisfactory outcome because it leaves aside a whole group of goals which cannot be expressed by direct financial income. The reflections are made upon processes which take place in society in transition, i. e. a society which has been undergoing a profound change. The transformation of a European state in the XX and XXI century must be realized by means of law; however,...
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Law and Marketing
Šebek, Marcel ; Gerloch, Aleš (advisor) ; Beran, Karel (referee) ; Švarc, Zbyněk (referee)
The aim of this thesis is to analyse legal regulations of marketing and advertising in the Czech Republic as well as in the European context and define possibilities of applications of marketing methods and tools in the field of legal services. This is followed by a detailed elaboration for advocacy being the most marketable branch within this field. Based on the analysis of classic marketing mix tools, the aim is to create a set of marketing instruments suitable for the selected field of advocacy services. The thesis takes into consideration particularly strong characteristics of legal services as such. The theoretical part of the thesis is opened by a chapter dealing with the issue of marketing in general. Defining the respective branch and identifying its basic descriptive signs creates a terminology basis for further development of the subject. Special attention is paid to individual key marketing components, the main one being the strategic marketing management and its main variables composed of the following: company mission, company objectives, company strategies and company opportunities. A strategic marketing process, formed by planning, implementation and control stages, is also elaborated. The planning stage is composed of a marketing situational analysis, setting of marketing...
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Legal and ethical aspects of the protection of the beginning and end of human life and its dignity
Blažek, Petr ; Gerloch, Aleš (advisor) ; Salač, Josef (referee) ; Doležal, Tomáš (referee)
The subject of the following dissertation, as the title states, is to explore legal and ethical aspects of the protection of human life and its dignity. Its aim is not merely to attempt to map the present legal situation regarding the protection of human life in the legal system of the Czech Republic, but also to outline some philosophical and anthropological implications which could have considerable influence on the practical consequences of some legal measures, including general aspects of the protection of human life and the legal regulation of two areas of study chosen by the author, namely assisted reproduction and euthanasia. In this sense the following work does not simply describe the various philosophical- anthropological conceptions in a neutral way, but offers to the reader a possible model which, in the view of the author, best corresponds to the degree of protection that human life and dignity can claim in early and terminal phases, taking a neoscholastic and personalistic view of man and his ontological status, in order to try to deduce from this model ethical implications both in a general sense and in relation to the two above-mentioned areas of application. The aim of the work is thus not only to describe the degree of protection of human life de lege lata, but also by making comparisons...
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The question is, what law applies
Krzyžanková, Katarzyna ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee)
The aim of this paper is to provide the identification and the analysis of the major factors which affect the answer to the question: What is found legal [i.e. according to law] in the particular case? Primarily analytical - descriptive method in association with the multidisciplinary approach is chosen to illuminate the complex nature of this issue. In other words, the diverse pieces of knowledge stemming from the various social science sub- disciplines such as psychology, sociology, jurisprudence, ethnology and anthropology are brought together to reveal frequently hidden constituents of the response to the question 'quid iuris?' The paper consists of 6 chapters. The introductory chapter, which offers a preliminary insight into the problem, is followed by the four major parts that gradually, as a whole, give a steadily more accurate picture of different variables reflecting in the answer, what is legal. More precisely, in Chapter 2 the mutual relation between the law on the one side and human culture and human instincts on the other side is investigated. A dissection of an extensive body of the anthropologically oriented literature leads to the deduction that the appearance of law is mostly influenced by the human culture and that universal instincts have an effect just on the resemblance of...
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