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Race and Equality from the Perspective of Law
Šipkovská, Silvie ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Race and Equality from the Perspective of Law In this thesis, the author deals with the phenomenon of racial discrimination from the perspective of law. In order to understand the issue, it is necessary to set discrimination in a broader socio-scientific context. Therefore, the author draws not only from legal sources, but also from other social sciences. Other important sources of information were the reports and recommendations of non-governmental organisations, which play an important and irreplaceable role in the area of anti-discrimination policy and its implementation. The main focus of this thesis, therefore, is comprehensive treatment of the issue, taking into account its interdisciplinary context. The content of the thesis is divided into four parts. The purpose of the first part is to introduce the reader to the issue of discrimination and explain the basic concepts of the theory of race, equality and discrimination. The second part details the international mechanisms of protection against racial discrimination - in the framework of the United Nations organization, International Labour Organization, Council of Europe and the European Union. The third part describes the national system of protection against racial discrimination according to the hierarchy of national sources of law, i.e....
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The proportionality of punishment with regard to the wealth of the offender
Drápal, Jakub ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The proportionality of punishment with regard to the wealth of an offender Master's Thesis Jakub Drápal Summary This thesis's main question is whether or not pecuniary punishments should be proportionate to the wealth of an offender. In the beginning the philosophical aspects and opinions of Law and Economics are examined. Jurisprudence of Czech Constitutional Court is discussed as administrative and penal law with their respective jurisdictions, Supreme Court, Supreme Administrative Court and Constitutional Court. Private and supranational law is also considered. The practical part of the thesis is composed of an analysis of the way how are pecuniary punishments in the form of day fines set at two Czech courts. The outcome is that the concept of day fines is not applied in the Czech Republic and is not accepted by the judges. Even though richer offenders get higher sentences than the poorer ones, in proportion to the punishment the richer receive much lesser sentence. To sum-up the findings, it is not possible today to give a unequivocal answer to the key question, whether pecuniary punishment should be proportionate to the wealth of an offender. It is possible in several areas of law, as it is possible to often choose, whether or not it is effective. General and abstract question however has to be left...
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The position of sharia within the legal systems of Arab states in the Near East
Lvová, Michala ; Maršálek, Pavel (advisor) ; Kühn, Zdeněk (referee)
The position of sharia within the legal systems of Arab states in the Near East The aim of the thesis is to produce a brief but coherent overview of the position of the Islamic law - sharia - within the contemporary legal systems of Arab states in the Near East. This particular part of the Arab and Islamic world was chosen primarily because of two reason: First, the necessary condition for a direct research of available sources is at least basic knowledge of the appropriate language - in this case, Arabic. This is also the reason why other states, which are historically and geographically part of the Near East, were excluded here, especially Turkey and Iran. Second: the Near East region was chosen as a complex part of the Arab world. States in the Northern Africa were excluded because their cultural position is different from that of the states in the Near East. The method chosen tu fulfil the purposes of this thesis was to first briefly summarise the contemporary state of the Czech literature specialised in the field of the Islamic law. The second chapter offers a short introduction in sharia, its origin, sources, schools of law, and basic branches and other concepts. The following three chapters deal each with one of the selected three Arabic states: Egypt, Saudi Arabia and Syria. In each of...
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Interpretation of multilingual legal texts
Fatura, Martin ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
This thesis deals with the possibilities of interpretation of legal texts au- thentic in more than one language and attempts to analyze the approaches applicable as a possible solution of contradictions between various langu- age versions. The thesis is divided into five chapters. The first chapter is an intro- duction to the issue. There is just roughly outlined the reason for the exis- tence of multilingual legal texts and there is also defined the scope of the following chapters. The second chapter is dedicated to various methods of interpretation, distinct by legal doctrine. With regard to the topic of the thesis, the inter- pretive methods are divided into two groups with respect to the approach of finding the meaning of legal norms and the content of the regulation. The first section deals with methods based on the text of the legal norm. These are linguistic, logical and systematic method. The second section describes the methods based on the purpose and significance of the treatment. These are the teleological, the historical and the comparative method, as well as the modifications of the teleological method, used primarily in internati- onal law and law of European union. The way of choosing the primary interpretation method is described in the third section. The third chapter deals with the...
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Due managerial care and diligence as a criterion for the determination of liability (a legal and comparative analysis)
Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Diploma thesis - abstract Due managerial care and diligence as a criterion for the determination of liability (a legal and comparative analysis) Lucie Krtoušová The purpose of this thesis is to critically analyse the interpretation of the concept of the due managerial care and diligence and consider the requirements that a director must comply with. The method used in this paper is the comparative analysis. As a basis of the comparative analysis it is chosen the British concept of fiduciary duties and duty of care, skill and diligence which is compared with the Czech concept of the care of a prudent manager. The thesis is composed of five chapters, each of them dealing with different aspects of the concept of the due managerial care and diligence. Chapter One is introductory and defines basic terminology used in the thesis such as the director, the care of a prudent manager, the duty of loyalty, fiduciary duties and the duty of care, skill and diligence. Chapter Two examines the British concept of fiduciary duties. The chapter consists of five parts. Part One focuses on introduction into the system of general duties of directors. Part Two explains the fiduciary position of a director. Part Three and Four address the two aspects of the duty of loyalty, i.e. the duty to act in the interest of the company and...
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Punitive aspects of damages (legal and comparative analysis)
Janeček, Václav ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Czech courts regularly deal with a question of so-called just satisfaction; particularly, when, on what basis, and how much should be awarded. Just satisfaction, as a form of damages, is primarily compensatory. However, there are some indications that it is perfectly legitimate for law of damages to pursue also another aims than compensation such as prevention or punishment. This view was recently upheld by the Czech Constitutional Court and the Highest Court of the Czech Republic. According to doctrinal approach, it is the domain of punitive or exemplary damages as a specific Anglo-American instrument that covers these two principles (prevention and punishment). Still, the Czech Civil courts consistently refuse to award exemplary damages albeit they do not provide us any sound argumentation. The author of this article suggests it is inaccurate and only partial understanding of exemplary damages that causes the current judicial refusal of them. While focusing on current English and Czech law, the author in his article describes exemplary damages in great detail with respect to their theoretical, conceptual and systematic position. Subsequently, he shows that the negative attitude of the Czech courts is not always appropriate. First, looking at relevant case law, the article characterises what the...
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Cause, consideration and the purpose of contract law
Šebeková, Veronika ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
of the Master thesis This Master thesis deals with an institute of the Czech contract law - kauza (causa). The example of kauza (and consideration) illustrate the tendency of legal systems to keep institutes once they have been created, even at the cost of inconsistent changes in their definition, purpose or function. The original meaning of the institutes is continuously blurred which makes it difficult to assess whether their use in the current legal system is substantiated. The main purpose of the thesis is to contribute to a clarification of the real function of kauza in the Czech contract law. Unlike in foreign legal publications, kauza is rather marginalized in Czech legal writings. Authors that deal with the problems of kauza (at least to some extend) often come to mutually exclusive/ inconsistent conclusions. The classical doctrine of causa makes little sense in the consensual concept of contract that seems to be favored in the Czech legal theory. Namely, the requirement of kauza appears to be additional to a requirement of consensus of the parties. Such theoretical discrepancy may be one of the reasons why the meaning of kauza in the Czech law is still unclear. Contract theories facilitate a deeper understanding of contracts, contract law and its particular institutes. However, the Czech...
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The duty to prevent damages and its impact in individual legal regimes
Klein, Šimon ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Duty to prevent damage and its effects in particular legal branches Abstract: The purpose of my thesis is to analyse the duty to prevent damage in the context czech of legal system, to prove that prevention is integral to the system of civil liability and examine special consequences of this duty outside the scope of civil law, i.e. in criminal and administrative law. The reason for my research is increasing importance of revention in modern legal discourse. The thesis is composed of six chapters, each of them dealing with different aspects of the principle of prevention and its development. Chapter One is introductory, analyses and defines the phenomenon of prevention in the civil law. The chapter is subdivided into four parts. Part one briefly describes the emphasis on the prevention in civil liability by the law and economics. Part two analyses the principle of neminem laedere and its importance within the principle of prevention. Part three draws conclusions from the preceeding parts and defines the duty to prevent damage in the civil law. Part four then describes who might be the subject of such a duty. Chapter Two examines the development of the principle of prevention within the czech legal system and examples of relevant case law. It is subdivided into four parts, examining succesive civil codes...
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Andrej Vysinskij - a legal scholar of the Stalin era
Kraft, Valeria ; Maršálek, Pavel (advisor) ; Kühn, Zdeněk (referee)
Andrey Vishinsky - a legal scholar of the Stalin era Abstract The aim of the thesis is to examine the basic categories of the Marxism-Leninism theory of law from the point of view of Andrey Januaryevich Vishinsky. The thesis is composed of four chapters. Chapter One (named "Marxism, Russian revolution and Law") is based on the idea that it is not possible to understand the Soviet law without analysis of the relationship between Marxism and legal theory. Subchapter 1.1 gives a brief overview of Marx's school of thought. At the same time it points out the absence of the self-contained concept of law in writings of Marx and Engels. Chapter Two is devoted to the life of Andrey Vishinsky, his academic and scientific career. The following subchapters are subsequently mapping the individual stages of his life. It contradicts some of the untruths and myths surrounding Vishinsky. Chapter Three (named "Vishinsky's contribution to the basic categories of the Marxism-Leninism legal theory") is concentrating on the four fundamental concepts of legal thinking: Law, State, Legality and Justice. It points out that Vishinsky's approach to these categories was only purpose-built and dogmatic. Chapter Four deals with criticism which Andrey Vishinsky targeted against the theorists of "withering away of law and the state":...
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Law and multiculturalism: Muslim immigration in selected European countries
Bělíková, Martina ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
Cizojazyčné resumé LAW AND MULTICULTURALISM: MUSLIM IMMIGRATION IN SELECTED EUROPEAN COUNTRIES The purpose of my thesis is to analyze current legal, social and political development in selected countries of Western Europe which became a home to the Muslim minority. I want to describe the issue of Muslim immigrants and their adaptation to the European legal systems as well. An analysis of this issue is related to the comparison of two different models of immigration policy, namely the British and the French and their legal basis. No matter how different they are, they lead in my opinion ultimately the equally undesirable results such as the creation of suburban ghettos, zero integration and the increasing violence in the streets or unemployment. My goal is besides the analysis of the situation to highlight the deficiencies of both systems and cover the historical and political context. The thesis is composed of six chapters. The first chapter defines the theory of cultural conflict and highlights the fact that the chosen theme can be examined from several angles simultaneously. It's not just the legal issues that need to be asked and we will not find a clear answer. Without the historical, political and socio-cultural context we will not get a complex result. In my work I focus on the area of Western Europe,...
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