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Legitimization of Law by Jűrgen Habermas and Niklas Luhmann
Mucala, Václav ; Šamánek, Jan (advisor) ; Grznár, Miroslav (referee)
This article is comparation of sociological theories of Niklas Luhmann and Jürgen Habermas, specifically by their relation to law and the way it acquires its justification in society. The key difference of both attitudes is result of different approaches to concepts of system. Jürgen Habermas holds concept of open system and it makes him to think about law as institutionalization of communicative racionality of lifeworld. Theory of Niklas Luhmann shifts to the concept of closed system an it characterizes las as institution which lives its own life normatively closed to social enviroment. Comparsion of both theories by legitimity of law leads us to ask about their relation to positivistic concepts and the concepts of natural law. We argue that sociology of Law presented by Jürgen Habermas has its similarities with natural law concepts and autopoietic law of Niklas Luhmann has much in common with legal positivism. In spite of both has different attitude to rationalization of law, they describe legitimization of law in terms of procedure. Finally we argue, that there is possibility to find common elements and that those theories can understand each other.
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Animal Abuse in Sociological Perspective
Obermajerová, Kristýna ; Balon, Jan (advisor) ; Šamánek, Jan (referee)
This bachelor thesis focuses on animal abuse and its possible connections with other phenomena in the society. Additionally it provides an insight into the current situation of animal abuse in the Czech Republic. This situation is then compared with the situation abroad. The first part of the thesis is focused on presenting animal abuse as an issue that is relevant to sociology, and on its inclusion in the interests of contemporary sociology. Another section of the thesis is devoted to the presentation of earlier research conducted with the aim to detect any connection between animal abuse and other violent behavior, both in terms of escalation from cruelty to animals to violence toward humans and of committing animal abuse as a consequence of experiencing domestic violence. The following part of the thesis is based on an analysis of data retrieved from articles discussing animal abuse cases that are available at news server iDnes.cz and furthermore on an analysis of data obtained from American database Pet-Abuse.com which monitors animal abuse cases. The goal of this analysis is to present the current situation of animal cruelty in the Czech Republic and to compare it with the situation abroad. Several aspects that may be associated with abuse of animals were researched: abuser's sex and age, the...
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Ethnoscapes and socioscapes: Prague in the Experience of Vietnamese Immigrants
Pavlačková, Anna ; Grygar, Jakub (advisor) ; Šamánek, Jan (referee)
The Bachelor Thesis "Ethnoscapes and socioscapes: Prague in the experience of Vietnamese immigrants" is primarily focused on the Vietnamese community and its movement in Prague. It is inspired by a similar project connected to Walter Benjamin, who took notes on places where he lived during his stay in Paris. Even though the Vietnamese are very often repeated topic in the mass media I assume that the public is not adequately informed about this community. The work is based on qualitative research, which took place within five semi-structured narrative interviews in one Vietnamese family permanently living in Prague. The first part is concentrated on the history of Vietnamese immigration in Czech Republic and their current situation. It also discusses the theoretical basis and brings a brief definition of used terms. The second part examines more closely methodology and the progress of individual interviews. It also refers to the literature on this topic and the researches that has been already made. The last part describes more closely individual respondents and their movement in Prague, while also compares respondents with each other and tries to find some similarities, trends and characteristics. Inseparable parts of this work are attached maps, which visually capture the motion of respondents and...
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About Relations of growing Cycles and chtonic Rites
Slíva, Vítězslav ; Kandert, Josef (advisor) ; Šamánek, Jan (referee)
- About studying of chthonic rites In my work, i am studying the different variants, which can be used for the study of chthonic rites. It is a rituals connected with fertility of vegetation, chthonic gods and natural cycles. The nature of these phenomena is very complex and symbolically rich. Therefore, i am comparing different approaches that can be used in studying these rites. They are; archeological analyzis, religionistic and antropologic approaches. Given the breadth of the various modes, i selected a few specific studies in the areas concerned, on which I am showing the pros and cons of that application of the specific methods, used to research of chthonic rites. In part of archeologic analysis, i am studying how can be used various archeological materials, and how they can serve as the basis for the analysis of the various rites associated with vegetation. In the religionistic part i am focused on work of J. Campbell and M. Eliade, and analysis of their access to myths and work with information collected by others. In anthropology part, i am in beginning focused on various approaches to study meaning of rituals in general and and then i am focusig to study work of J. G. Frazer, who is also from a certain part dedicated to rituals of vegetation, fertility and myths that are associated with...
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Fundamental rights aspects of the free movement in the ECJ (case law)
Šamánek, Jan ; Král, Richard (advisor) ; Scheu, Harald Christian (referee) ; Křepelka, Filip (referee)
This thesis analyses in depth the seminal cases of the Court of Justice, namely C-341/05 Laval, C-438/05 Viking Line and C-346/06 Ruffert. The analysis starts with description of the decisions. Those are laid out both from the perspectives of the Advocates General and of the Court of Justice (chapter 2). Central aspects of the decisions are analysed in chapter 3. First, it is the decision to apply Community law (now EU law) to national social policy. This is not new in itself, but it is taken to unusual depth. Second, the Court of Justice decided to apply Community law to trade unions. This horizontal application of Community law has crucial implications on the human rights discourse of the Court. Third, we analyse how the Court viewed the issue whether the strike action violated the Treaty, and the issues of justification and proportionality. Chapter 4 focuses on human rights aspect of the decisions. The very use of human rights in Community law is briefly sketched. In more detail the implications of the likely accession of the European Union to the European Convention on Human rights are considered. Finally, the human rights discourse of the Court of Justice in the Laval and Viking cases is put to critical scrutiny. One of the determining elements in Laval and Viking is application of the Treaty...
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Multiculturalism and intercultural recognition in Czech context
Kňapová, Kateřina ; Balon, Jan (advisor) ; Šamánek, Jan (referee)
The work describes and interprets the thematization of the politics od recognition in the context of Czech academic debate. The particular subject of discussion is the concept of intercultural dialogue that develops some authors gathered around the Centre of Global Studies of the Czech Academy of Sciences. Intercultural dialogue is a concept that puts emphasis on creation of new communication levels at meetings of various cultural groups. This concept and the way how is it used in the Czech context is influenced by pre-understanding arising from the nature of Czech society and its relation to cultural minorities. The emphasis on assimilation of these groups and the apparent confirmation of cultural homogeneity of Czech society, which is reflected in the perception of these groups. Thematization of intercultural dialogue in the Czech debate may be a critical response to the relationship of the majority and minorities. Interpretation of intercultural dialogue precedes an explanation of key concepts - recognition and acknowledgment in the multiculturalist politics context. This explanation works mainly with the concepts of recognition by Charles Taylor, and Nancy Fraser.
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Academic plagiarism in the dramaturgical perspective
Tůmová, Markéta ; Hájek, Martin (advisor) ; Šamánek, Jan (referee)
Bachelor thesis "Academic plagiarism in dramaturgical perspective" deals with the representation of the problem of academic plagiarism in media on the case of Professor Ivo Budil. The first part of the thesis deals with theoretical concepts. There is mentioned the history of the view of author and authorship and normative view of the problem as a legislative, moral and ethic problem. The main idea is composed of the dramaturgical concept of Erving Goffman together with the labelling and stigmatic theory. The author view plagiarism as a social construction which is the result of successful enforcement of situational definition as plagiarism. Analytic part deals with the qualitative content analysis of fifty texts about the case of Prof. Ivo Budil. Presents the main participants who engaged in the case and reflect which instruments they used to enforce to label or not label Budil as plagiarist. It leads to the result that designation of the plagiarist is the result of dramaturgical performance of participants and labelling stigmatic label to plagiarist.
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Discoursive re/production of inequalities in decision making: The case of Pankrácká pláň
Šamánek, Jan ; Šanderová, Jadwiga (advisor) ; Kabele, Jiří (referee)
The diploma thesis links theoretical presumptions about new inequalities that are typical for late capitalist societies and occur between groups defined by different priority of accumulation of economic capital, to an analysis of particular social environment. The author adopts radical democratic standpoint and uses the approach of critical discoursive analysis to debunk instruments of reproduction of these inequalities that are present in mass media discourse concerned with decision making about public spaces. The particular area of interest is massmedial discourse concerned with the case of development of Pankrácká pláň in Prague. The analysis shows that typical discoursive phenomena are present in analyzed articles. These phenomena help to discoursively limit the recognition of identities of groups that are not primarily oriented towards accumulation of economic capital and to advantage primarily economically oriented groups in decision making within given legal community. The author uses results of the analysis to illustrate the contrariety between the hegemony of economic reductionist discourse and requirements of society based on radical democratic deliberative principles.
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