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Church Subsidies and Their Legal Development in Slovakia and Subcarpathian Ruthenia
Csukás, Adam ; Horák, Záboj (referee)
Church Subsidies and Their Legal Development in Slovakia and Subcarpathian Ruthenia The thesis aims to describe the historical background and legal development of natural church subsidies paid by the members of a parish to their priests in the area of Slovakia and Subcarpathian Ruthenia, with special regard to the late 19th and 20th centuries, up to 1949. Lecticale was a traditional institution of Hungarian customary law, implemented into Czechoslovak law following the declaration of the Czechoslovak Republic in 1918. This legal institution was continuously adapted to the needs of actual legal practice until it was abolished by the communist regime in 1949, a year after the communist coup d'état of February 1948. It was typically adhered to by the Catholic Church and Evangelical Lutheran Church. As the contemporary awareness of lecticale is limited, the author decided to reveal the elements of the researched legal institution one by one, proceeding from very basic information to the most complicated problems of legal practice. Therefore, the beginning of the thesis deals with references to lecticale in numerous Hungarian church law textbooks. The treatise then moves to the 1880s, when the greatest controversies arose regarding the issue. The next part of the thesis deals with the etymology of the word...
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The Principles of the Presbyterial-Synodical Ecclesiastical Polity
Csukás, Adam ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
The Principles of Synodical-Presbyterial Church Government This work reflects the principles of the synodical-presbyterial church government, which are referred to in the church constitutions of the Evangelical Church of Czech Brethren and the Reformed Christian Church in Slovakia. The author draws attention to the importance of the principles of church polity in ecclesial life, pointing to their occasional inadequate reflection. In this context, the author points out the introduction of the Führerprinzip in the German Evangelical Church in the 1930s. In addition, he highlights examples of churches that have been able to clearly formulate the principles of church polity, and some of them have even incorporated them into their church law. The author goes on to clarify the basic terminology used in his work, focusing on the naming of Protestant churches in different languages. He deals with the division of churches into families according to the categorization used by the World Council of Churches, paying special attention to the family of United and Uniting churches. He describes five types of these churches, and considering the need to introduce another, a sixth type of United and Uniting churches. Next, he deals with the basic characteristics of Reformed, Presbyterian and Evangelical Lutheran churches. The...
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The US Supreme Court, its, formation and first key decisions
Červinková, Zuzana ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
These days, the Supreme Court of the United States represents a very important and irreplaceable role in its home land: protection of constitutionality, explanation of federal laws, as well as appellate court of last resort within the framework of American courts. Today there is no doubt about its jurisdiction, but there were doubts. In the beginning of its existence no one was sure if the Court could overcome the initial obstacles which were in the way. This diploma thesis deals with the initial existence of the Supreme Court of the United States, its role within the framework of the US federal power system, and its progressive integration as equal with the legislative branch and executive power - The United States Congress and the President, respectively. The main objective of this thesis is to introduce the federal judiciary of the United States, show its differences from the continental system, and accentuate the importance of precedents. First, I focus on the history of the United States; colonization by British citizens, the American War for Independence, The Declaration of Independence, and the formation of American statehood in the 1780s, which resulted in the acceptance of one of the longest- lasting written constitutions in the world. After the historical excurse, the thesis focuses on...
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Constitutional development in American colonies
Lazár, Tomáš ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
Constitutional Development in American Colonies (Summary) This thesis pertains to constitutional development in North American Colonies in the respective historical context. The thesis is structured chronologically, commencing with the early attempts of British colonization in the 16th century, and follows through the 17th century to the adoption of the Constitution of the United States of America in 1789. Moreover, the thesis also reflects the geographical aspect, focusing first at New England Colonies, then at Mid Atlantic colonies, and finally at Southern Colonies, proceeding in the usual way from the North to the South. The beginning of the thesis (the second chapter) indicates the English colonization attempts in the 16th century and the Royal Patents issued by the King, which authorized their holders to take over and colonize new territories.The third chapter deals with the beginnings of New England Colonies and the continuous development of their central administration bodies, pointing at the content of selected significant constitutional documents of this period. In the fourth chapter, the thesis focuses at the constitutional development of New England Colonies in the second half of the 17th century, which was completed by the creation of unified administration of all colonies in this area in the...
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Comparison of certain aspects of legal regulation of slavery and its abolition in the USA and in Great Britain
Brilová, Alžběta ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
1 COMPARISON OF CERTAIN ASPECTS OF LEGAL REGULATION OF SLAVERY AND ITS ABOLITION IN THE USA AND IN GREAT BRITAIN Resumé This thesis deals with legal regulation of slavery in Great Britain and the United states of America and also with its abolition. The first part of the thesis is theoretical. At the beginning, it describes the concepts of "slavery", "slave society" and "abolition". This is followed by the brief history of slavery, from the ancient society, through the Middle Ages, to slavery in North America. The end of this chapter briefly discusses the legal aspects of slavery in general, and the influence of the Enlightenment and Christianity on the perception of slavery. The second part focuses on situation in various geographic regions and some legal phenomena relating to slavery. The regions covered include England, specific for fact that slavery was abandoned there as early as in the 12th century and has never had any legislative background, together with India and the Caribbean as two examples of the opposite ends of the spectrum - while in the Caribbean slavery still constitutes a determining social element, in India the effects of slavery are surprisingly "negligible". The next section deals with other Britain's colonies and the characteristics of North American continent, and situation in the...
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The legal position of the Federation of Jewish Communities in the Czech Republic
Crofony, Timea ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Resumé This thesis concerns itself with legal position and operation of The Federation of Jewish Communities in Czech Republic. It brings the perspective on fundamental legal regulations which form a base for operation of The Federation of Jewish Communities and which the Federation is obliged to conform to. The thesis also includes historical insight and cultural background of Jewish religion and its relevant particularities. The aim of my thesis was to put the operation and standing of The Federation of Jewish Communities into Czech legal framework, to describe a specific linkage of legal regulations with religious practice and Jewish religious observances and to use real-life examples to demonstrate the impact and reflection of legal regulations in life of members of Jewish communities and associated organizations. This thesis is divided into four chapters (apart from Preamble and Conclusion), most of which is then further divided into subchapters and other sections. First chapter concerns itself with general definition of religious freedom in the context of Czech legal system, with basic overview of legal sources of Czech state ecclesiastical law and with assessment of Federation's position in the context of Legal Act Nr. 3/2002 Coll. on freedom of religious confession and the position of churches and...
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Legal status of diocesan vicariate and parish councils in Roman-Catholic dioceses in Czech Lands
Nejdl, Oldřich ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
A superior in the Catholic Church at times needs the consent or counsel of certain consultative body in order to place a juridic act validly. Legal status of such colleges or groups of persons is regulated by the Code of Canon Law (CIC/1983) and by the statutes approved by the diocesan bishops. This thesis inquires into legal status of the consultative bodies in Roman Catholic diocesis, vicariates and parishes in Czech Lands. Within the diocese the presbyteral council, the college of consultors and the diocesan finance council are required, establishment of the diocesan pastoral council is optional. Mission of the presbyteral council is to assist the diocesan bishop in the governance of the diocese to promote as much as possible the pastoral good of the portion of the people of God entrusted to him. The diocesan bishop is to hear it in affairs of greater importance. Consultation of the presbyteral council is compulsory for example in case of establishment, or supression of parishes, decision to build new church or relegation of a church to profane use. The diocesan bishop needs the consent of the college of consultors especially to place acts of extraordinary administration or to alienate some goods. If the see is impeded, the college is to elect a diocesan administrator. The diocesan finance...
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The Development of Concordat Law between 1964 and 2013
Gazárek, Jakub ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
The development of concordatarian law from the year 1964 onward The goal of this thesis is the analysis and comparisson of concordatarian law in few select countries. This thesis is mainly focused on the countries of Central Europe (Czech Republic, Slovak Republic, Republic of Poland, Federal Republic of Germany). In order to expand the scope of this thesis, two other countries were chosen. The first one is the Kingdom of Spain, which represents a unique example of a gradual change between the so called traditional concordatarian system and the new and modern system developed after the conclusion of the Second Vatican Council. The second country, that was chosen is the Republic of Colombia as a non-European country with long and interesting history of concordatarian tradition. The thesis itself is divided into two main parts. The first part (composed of the first two chapters) aims to define the basic terms, which are used throughout the entire thesis. Such basic terms as concordat, the subjects of concordatarian agreements, the Holy See and others are defined in the first chapter. Also the international legal personality of the Holy See and its historical development is examined in the same chapter as well. The Second Vatican Council and its teachings had a profound impact on the concordatarian...
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A comparison of legal aspects of eugenics programs in the USA and Nazi Germany
Gregor, Adam ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
Resumé This thesis titled ,,Comparison of legal aspects of eugenics programs of USA and nazi Germany" elaborates an interesting area of legal history, which describes and compares state eugenics policies of the United States in the 1st half of the 20th century and similarly motivated population policy of nazi Germany. The main sources of this legislation are thoughts associated with struggle against genetic degeneration of population gene pool, which takes place because of reproduction of physically and mentally ,,defective", who pass these indispositions on next generations, and, according to laws of heredity, weaken the human race. In the thesis I distinguish original Galtonʻs and Ploetzʻs eugenics and so called racist eugenics, whose motive is protection and purification of specific social group. The thesis is divided into five chapters, which are further divided into sub-chapters and other additional parts. The emphasis is put on the second, the third and the fourth chapter, whereas the first and the fifths are included in the work, because I considered it a good idea to complete the story of eugenics throughout the history till present. The first chapter contains brief narration about presence od eugenics in societies from pre - state structures till the end of the 19th century, when the first eugenics...
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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David ; Seltenreich, Radim (advisor) ; Vojáček, Ladislav (referee) ; Horák, Záboj (referee)
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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