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Different approaches to the social contract theory in Law and Politics.
Šimek, David ; Havel, Tomáš (advisor) ; Ondřejková, Jana (referee)
Different approaches to the social contract theory in law and politics Abstract This thesis aims to analyze individual concepts of social contract theory in works of various contractalist authors throughout history, including the 20th century. Using the method of analysis and especially diachronic comparison it tries to refute the belief that the social contract theory is only a phenomenon of the Enlightenment period of the 17th and 18th centuries, and presents the main, but also lesser known, contractalist ideas from both ancient and recent history. The thesis is, besides the introduction and conclusion, divided into five chapters and eight subchapters, some of which are also further subdivided. It follows a similar structure troughout its length, with the exception of the first (which aims to generalize the concept of social contract theory) and the fourth chapter. The second chapter is a chronologically arranged historical overview, which begins with the authors of ancient philosophy and through the Middle Ages then culminates in the early Renaissance. This is a chapter dealing with the genesis of contractualism, especially its origins in individualism, voluntarism or naturalism, as well as the concept of individual free will and the medieval phenomenon of the struggle between faith and reason, the...
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Dissolution of political parties as a tool for defending democracy: a comparison of the Czech and German debates
Macháčková, Michaela ; Ondřejková, Jana (advisor) ; Havel, Tomáš (referee)
This master thesis focusses on the issues of sanctioning antidemocratic political parties in the Czech Republic and in the Federal Republic of Germany, as well as the discussion of the expert public in reaction to practice of the Supreme Administrative Court or Federal Constitutional Court. It is a comparative paper, therefore all issues are analysed from the Czech as well as the German point of view and the comparative chapter summarizing main coherences and differences always follows. The thesis is divided into six parts, which aim to map the matters related to banning political parties. Firstly, the theses is focused on the regulation of political parties in the Czech Republic and in the in the Federal Republic of Germany to provide theoretical backgrounds for better understanding of the topic. Consequently, both the introduction into problematic of the concept of defending democracy and the analysis of its demonstration in the constitutional law of the Czech Republic and of the Federal Republic of Germany follow. Moreover, substantive law aspects as well as procedural law aspects of dissolution of political parties are introduced ending up with comparison of both. The thesis contains also detailed insight into Czech case regarding Dělnická strana and in German case the NPD...
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Sociology of knowledge and its impact on a society
Havel, Tomáš ; Mucha, Ivan (advisor) ; Kosek, Jan (referee)
51 Sociology of Knowledge and Its Influence upon the Society SUMMARY The law, representing one of the specific systems of the society, can be viewed on different levels. These levels namely include the normative, axiological and legal- sociological level. Within the context of social sciences we examine the law as social phenomenon acting upon the society. Through mythology, and primarily through various forms of legal communication, this influence constitutes the legal awareness that is subsequently influenced by biogenic, psychogenic and social factors. In the broadest sense, the notion of knowledge denotes a set of information or concepts of certain facts. The knowledge encompasses not only theoretical knowledge but also practical techniques and skills, i.e. ways by which theoretical knowledge becomes a part of practice. The starting point of the present work is the view of the society through the eyes of the sociology of knowledge. Between the systems of knowledge, language and law, there exists a connection that develops in history, within the society differentiated into segments, as well as vertically and horizontally. In the modern (industrial) period, the field of social sciences is viewed through the systems theories that are deeply rooted in natural sciences, namely biology. At present we regard...
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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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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...
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Legal Consciousness
Beran, Filip ; Urban, Michal (advisor) ; Havel, Tomáš (referee)
Diploma thesis aims to present different conceptions of legal consciousness, to highlight their historical and socio-cultural contexts and to outline their possible progress in selected directions. First chapter presents several textbook definitions of legal consciousness, including a comparison of "European" and "American" conceptions. Chapter 2 introduces and compares other expressions usually used in connection with legal consciousness - sometimes as synonyms, sometimes emphasizing some of its components or specific author's approach. Chapter 3 then accentuates historical dimension of legal consciousness, with examples of its ideological conceptions "with attributes" (socialist, revolutionary, popular legal consciousness). These three chapters constitute descriptive, overviewing part; possible synthesis is then concluded in Chapter 4. At first, it identifies three "inner" dimensions which arise from presented conceptual field and which need to be clarified if we want to talk about legal consciousness with sufficient precision: which component we focus on, which part of law and whose legal consciousness are concerned. After that we distinguish three kinds of discourse, that is, how the legal consciousness is talked about: lawyers, sociologists and educators or "users of law" approach it with different...
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Approach to the social contract theories of Hobbes, Locke and Rousseau
Petráková, Blanka ; Kysela, Jan (advisor) ; Havel, Tomáš (referee)
The diploma thesis is focused on social contract theories, as presented by the philosophers Thomas Hobbes, John Locke and Jean-Jacques Rousseau. My research is based on Leviathan by Thomas Hobbes, Second Treatise of Government by John Locke and Discourses and The Social Contract by Jean-Jacque Rousseau. In their respective theories, these authors present their opinions on how any state comes to life through entering into a social contract and how it should operate. The aim of my thesis is to look into their theories and using method of comparison to determine how they correspond with each other on the fundamental aspects of their ideas. These include the natural state, the act of entering into a social contract, the sovereign, sovereignty and the order of state establishment. The research suggests that although the authors agree on some points, in some cases they differ significantly. It also shows the significant influence of the environments and events experienced by the authors during their lives, on the formation of their thoughts and theories. At the very end of the thesis there is a reflection on the legitimacy of the Constitution of the Czech Republic and the contribution of the theories of appointed authors to today's society.
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Dissolution of political parties as a tool for defending democracy: a comparison of the Czech and German debates
Macháčková, Michaela ; Ondřejková, Jana (advisor) ; Havel, Tomáš (referee)
This master thesis focusses on the issues of sanctioning antidemocratic political parties in the Czech Republic and in the Federal Republic of Germany, as well as the discussion of the expert public in reaction to practice of the Supreme Administrative Court or Federal Constitutional Court. It is a comparative paper, therefore all issues are analysed from the Czech as well as the German point of view and the comparative chapter summarizing main coherences and differences always follows. The thesis is divided into six parts, which aim to map the matters related to banning political parties. Firstly, the theses is focused on the regulation of political parties in the Czech Republic and in the in the Federal Republic of Germany to provide theoretical backgrounds for better understanding of the topic. Consequently, both the introduction into problematic of the concept of defending democracy and the analysis of its demonstration in the constitutional law of the Czech Republic and of the Federal Republic of Germany follow. Moreover, substantive law aspects as well as procedural law aspects of dissolution of political parties are introduced ending up with comparison of both. The thesis contains also detailed insight into Czech case regarding Dělnická strana and in German case the NPD...
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