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Racist legislation of Nazi Germany
Řezníček, Adam ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
- Racial laws of Nazi Germany The aim of this thesis was to provide an overview of racial laws which were in force during the reign of the national socialist regime in the Nazi Germany during the years 1933 - 1945. The first chapter aims to describe the philosophical and historical background of the racial laws of the Third Reich. The roots of the racial philosophy and scientific racism which can be traced back to the 19th century are described (teaching of Gobineau and Chamberlain), as is the actual philosophical approach to the questions of inequality of races as held by Adolf Hitler and his supporters (programme of NSDAP from 1920 and the writings of the leading Nazi ideologist Alfred Rosenberg). The following chapter focuses on the historical background which made the ascent to power by Nazis possible, which includes the overview of political and social situation in the Germany which was defeated in the First World War. Also, the basic provisions of the Weimar Constitution are described so that the change from the liberal so called Weimer Republic to the dictatorship of the Third Reich is illustrated. Besides the general background, I have also described the actual grasping of power by Nazis through adoption of decrees which in fact was made not by a revolution, but in a way which was fully in...
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Funding of churches in the Czech lands in 20th century
Jaroš, Ján ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Financing of Churches in the Czech Lands in the 20th Century The main aim and purpose of this master degree thesis was to introduce individual institutes of the Church financing in the 20th century. Even nowadays, the funding issue is still an opened topic. The purpose of the historical hindsight is to approximate and put aside false hypothesis of Church financing. The prevailing views of the people on the church property and on the "justification" of states occupation of this property, during the last century, were based on rather "philosophical ideas" than on actual legal basis. The master degree thesis not only maps the 20th century, but also pays due attention to the developments of the late 19th century, which established grounds for certain financing institutes and prefigured further evolvement in the upcoming century. However, some institutes of church financing, such as religious fund, were established in the 18th century. The period of enlightened absolutism, the period of the reign of Joseph II, who brings his mothers reforms to the edge of that time, sells property (e.g. monasteries, religious buildings, etc.) and the obtained income deposits to newly created parish cash desk, which will serve to support the Catholic Church. Indeed, the income from the religious funds became one of the main and...
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Protection of religious freedom in criminal regulations of the Czech Republic and of selected countries of the European Union
Pánek, Jan ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Protection of religious freedom in criminal regulations of the Czech Republic and of selected countries of the European Union Abstract The author of this thesis discusses the issue of the protection of religious freedom in the criminal regulations of the Czech Republic and selected countries of the European Union, in particular the regulation pursuant to Act No. 40/2009 Coll., the Criminal Code, as amended, the Criminal Codes of selected countries examined in this work and other regulations that regulate relevant issues for this work, taking into account the case law of the European Court of Human Rights and the Court of Justice of the European Union. The thesis is divided into several parts. The first three parts discusses the concept of religious freedom in general, where the first part examines the very meaning of the term and the regulations of the highest legal force, i.e. at the constitutional level and at the level of international human rights treaties. The second part defines the concept at the individual level and offers a list of individual forms of expression of individual religious freedom within the Czech legislation. Part three, on the other hand, discusses the collective religious freedom, i.e. the functioning of religious societies within the Czech legislation. These three parts are to some...
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Legal regulation of provision of spiritual care in Czech penitentiaries
Varmužová, Jana ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
TITLE: Legal Regulation of Provision of Spiritual Care in Czech Penitentiaries ABSTRACT: The focus of this thesis is the provision of spiritual care in Czech penitentiaries. It specifically deals with the historical aspects that formed the modern-day Czech prison system and historical basis of prison spiritual care. Further, it deals with legal foundations of this service and specific issues arising from the provision of spiritual care in penal institutions. KEY WORDS: Penitentiary Spiritual Care Human Rights
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The Fourteenth Amendment to the United States Constitution and the evolution of its influence as a result of judicial interpretation
Ženíšek, Jaroslav ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
The Fourteenth Amendment to the United States Constitution and the evolution of its influence as a result of judicial interpretation Abstract The thesis analyzes the Fourteenth Amendment to the United States Constitution and the changes in its understanding resulting from its interpretation by the Supreme Court of the United States throughout the years since the ratification of the Amendment. The thesis discusses every section of the Fourteenth Amendment, but the highest attention is dedicated to its most significant first section and the clauses contained in it; the citizenship clause, the privileges or immunities clause, the due process clause and the equal protection clause. The debates of the 39th Congress are discussed as well, as they offer an insight to the original understanding of the terms used in the text of the Amendment and allow to understand the context of its origin. The evolution of the Amendment's influence is then analyzed through a number of historical eras that reflect the ever-changing composition of the Court and the decisions stemming from it. The thesis tries to outline the most likely original meaning of the Amendment's clauses and compare it to their interpretation by the Supreme Court which makes it possible to observe the Amendment's gradually growing influence on american...
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The Legal Order of the Evangelical Church of Czech Brethren - History and Present
Csukás, Adam ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee) ; Přibyl, Stanislav (referee)
The Legal Order of the Evangelical Church of Czech Brethren - History and Present The aim of this thesis is to gather available sources concerning the legal order of the Evangelical Church of Czech Brethren (ECCB) since its establishment in 1918 to the present day. The sources used address the legal history of the Protestant Church in Cisleithania from 1848 until the end of World War I. A critical analysis of the sources is carried out to document the development of the church constitution and the orders of the ECCB. The criteria for the elaboration of individual storylines are primarily the historical relevance and the practical applicability of the information regarding the ECCB Strategic Plan of 2019. The thesis consists of an introduction, followed by three parts, and a conclusion. The first part, (1848-1922), comprises four chapters covering the legal history of the Protestant Church in Cisleithania from the revolutionary years 1848/1849 until the dissolution of Austria-Hungary and the establishment of both Czechoslovakia and the ECCB. Particular attention is given to the circumstances surrounding the creation of the church constitution of 1861, the constitutional reform efforts of the Czech-speaking Czech and Moravian Protestants of both confessions (Augsburg and Helvetic), the movement of...
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Changes of canon law from the Second Vatican Council to the present
Koranda, Jan ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Changes of canon law from the Second Vatican Council to the present Abstract This diploma thesis deals with the development of canon law after the Second Vatican Council. Canon law, like other systems of law, is undergoing constant development, responding both to the development of human knowledge and to the changes in society in which it exists. The thesis deals with the changes of canon law made by the popes after the Second Vatican Council, with the main emphasis being placed on the changes made by papal laws, ie apostolic constitutions or motu proprio. Ecclesiastical laws of lower legal force are included in the work only if they implement the papal law or are otherwise directly affected by it. The introductory part of the thesis deals with the historical context of the Second Vatican Council, especially the First Vatican Council, which was forcibly interrupted right after the publication of the first two documents and never officially ended. Nevertheless, the work on the first codification of canon law, completed in 1917, was born on its basis. The social and political development associated with the two world wars caused the need to reform not only the code but also the whole canon law. The next part of the work deals with the Second Vatican Council, convened by Pope John XXIII. for the purpose of...
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The Legal Status of Minorities in Russia
Ullmannová, Nicola ; Petráš, René (advisor) ; Horák, Záboj (referee)
1 Abstract Thesis title: The legal status of minorities in Russia This work is an overview of the legal status of minorities in Russia and their mutual interaction with the dominant nation in individual historical stages. Its subject is to explore changes in the status of minorities in political, cultural, linguistic, religious and fundamental human rights. This is put in the historical context and the influence of the state's minority policy on state integrity is examined, including the assessment of the adequacy of the state-legal arrangement for the needs of national minorities. The space is also devoted to the administrative division of the country, which plays an important role in Russian terms. The pros and cons of period legislation are evaluated. Its impact on the practical life of minorities is illustrated by examples of specific minorities. The work is structured chronologically, presenting the history of Russia primarily in terms of milestones relevant to national minorities. The first part devoted to the Russian Empire monitors its gradual expansion and differences in the legal status of the conquered nations. Approximately from the middle of the 19th century, the Russian legislation has been directed towards unification, resp. Rusification of the whole empire, while the causes and effects of...
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The Concept of Marriage Conclusion In the Canon Law Code
Mikulášová, Martina ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
59 THE FORM OF ENTERING INTO MARRIAGE ACCORDING TO THE CODE OF CANON LAW Summary I consider family as one of the most important pillars and foundations of society. A healthy society should be based on family and marriage which is a unique bond between a man and a woman. One way of achieving and enhancing the status of marriage and family in the society is a deeper study of provisions governing marriage. Therefore I take this opportunity to address the institute of marriage viewed upon in terms of Canon law. Canon law could be considered as a part of the European legal culture. Its knowledge is therefore certainly important not only for theologians, but also for lawyers. The conclusion of a marriage in front of the church is also deemed valid and is fully recognized by laws of the Czech Republic. The canonical form is one of the requirements affecting the validity of marriage. Therefore, I find it necessary to give it enough attention. My thesis is divided into four chapters. In the first chapter, I tried to provide the readers with a simple definition of the canonical form of marriage, its historical evolution, and some differences considering the Eastern churches. An enclosed section deals with the current legislation, namely treatment of the issue of canonical form by the Code of Canon Law 1983 and the...
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