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Proving a negative
Škop, Miroslav ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This thesis deals with the subject of proving negatives, i. e. proving non-existence of an object, a status or a process. The author of the thesis provides the reader with the definition of a negative and with a list of negatives mentioned in the case law of Czech public authorities. Also, the author analyses selected case law of Czech courts and describes proving negatives in specific cases. The thesis is divided into six chapters. The first chapter provides the definition of a negative. In this chapter the author points out potential problems linked to the identification of a negative, especially to the difference between a fact, a negative statement and a legal assessment. The second one addresses the possibility of a negative becoming the subject of proving as a practical way of finding of facts. The chapter also brings a brief analysis of proving a negative abroad, specifically in Slovakia, the Great Britain and the United States of America. The third, the fourth and the fifth chapter deal with the subject of proving negatives in civil proceedings, administrative proceedings and criminal proceedings respectively. In each of these chapters the author summarises the principles of proving related to corresponding type of proceedings and demonstrates proving negatives on specific cases (regarding...
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Language, Translation and Law
Lipertová, Ivana ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
Language, Translation and Law The main objective of this thesis is to explore the interconnection of law and language with a special focus on legal translation. The author of the thesis analyses the history of legal translation together with multilingualism in European Union. The thesis is divided into three major parts: "Language in law", "Translation in law" and "Language(s) and multilingualism in the European Union". The author explains the term legal language in the first part. The attention is directed to indeterminacy and incomprehensibility of the legal language as well as to legal vocabulary and stylistics of legal discourse. The author furthermore analyses the role and legal regulation of the legal language in Czech legislation. The plain language movement is noted as well. The second part of the thesis examines in detail various aspects of legal translation. The author summarises legal translation history worldwide as well as the historical development within the Czech territory. Legal translation is addressed on the basis of the specific use of translation (legislation, international treaties, certified translation and interpretation). In the certified translation and interpretation history the author introduces the sworn interpreters cabinet decree of 22 December 1835 (Hofdecret 109....
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Gnoseological implications of law application
Kallai, Vojtěch ; Tryzna, Jan (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...
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Quid iuris? (Descriptive Theory of Legal Interpretation and Argumentation)
Žák Krzyžanková, Katarzyna ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
The objective of the PhD-thesis is analytical and comparative description of the main theoretical and philosophical approaches to the issue of legal interpretation, focusing on practical application. Initially, attention is paid to explanation of the concept of legal interpretation itself, focusing also on the practical meaning of differentiation between each designatum of the concept of legal interpretation as well as the reflection thereof in the applicable law. Other parts of the thesis include an introduction to the general typology of the theories of legal interpretation followed by a more detailed analysis of the three basic contemporary theories (philosophies) of legal interpretation, namely analytical approach (both the so-called horse-shoe analysis and soft-shoe analysis), hermeneutic approach (attention is paid to the traditional as well as modern hermeneutics, both the phenomenological and methodological branch), and discursive approach (represented by the rhetorical-topical view of discourse as well as the procedural concept of discourse). The PhD-thesis results in the pronunciation of a syncretic opinion that the different theories of interpretation of law should be explained and taught in mutual context because this dialogic approach provides a guarantee that their conclusions and...
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