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Theories of Judicial Decision-Making confronted the Functioning of Czech Courts
Blažková, Kristina ; Kysela, Jan (advisor) ; Wintr, Jan (referee) ; Šimíček, Vojtěch (referee)
Theories of Judicial Decision-Making confronted the Functioning of Czech Courts Abstract Judicial decision-making in hard cases is not a rationalisation which legitimates a choice made based on non-legal grounds, but a relatively predictable, determined and just process which draws legitimacy from the rationality of legal thinking and is significantly influenced by the judge's effort to make the best decision possible considering his conception of law and general training. Based on this proposition the dissertation thesis explores the effect of the judge's conception of law and his judicial function on his legal argumentation and his decision-making in hard cases. The main concept the thesis thus being the judicial philosophy. The dissertation thesis firstly analyses the concept theoretically and subsequently tests the theory on real judicial practice. The hypothesis is that judges of apex courts have different judicial philosophies and that their opposing views on grounds of law and their judicial function exhibits itself in their decision-making in hard cases. The disagreement between judges may be characterised as reasonable disagreement. In situations of reasonable disagreement, the opposing parties are incapable of reaching a compromise despite perfectly sound and grounded positions and mutual effort...
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Etruscan rock-cut tombs and 3D modeling
Votroubeková, Tatiana ; Musil, Jiří (advisor) ; Kysela, Jan (referee)
This thesis examines Etruscan rock-cut tombs that are characteristic for inland southern Etruria and are dated from second quarter of the 6th century BC to the end of 3rd and beginning of the 2nd century BC. Thesis is focused on the architecture of the tombs, their typology, decoration, iconography and their architectural evolution. Main sites in Archaic period are necropoleis in San Giuliano, Blera, Tuscania and for Hellenistic period necropoleis in Norchia, Sovana and Castel d'Asso. Second part of thesis examines the potential of 3D recording, analysis, virtual reconstruction and virtual anastylosis for the study of the tomb façades through the case studies of the "Tomb of the Siren" from necropolis of Sovana and the "Doric Tombs" from necropolis of Norchia. Keywords Etruscans, Etruscan, rock-cut, rupestral, façade, necropolis, 3D modeling, multi-image photogrammetry, virtual reconstruction, virtual anastylosis
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System of proportional representation in the Czech Republic and its critique
Bartůněk, Tomáš ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
System of proportional representation in the Czech Republic and its critique Abstract The diploma thesis "System of proportional representation in the Czech Republic and its critique" deals with the proportional representation in the Czech Republic, particularly its most criticized aspects. The purpose of this paper is to analyse this system, its characteristics, forms and reforms under the Czech conditions. The first chapter defines proportional representation and describes its constituent elements - a legal threshold, electoral formulas (quotas and divisors), electoral districts and tiers and preference votes. Chapter Two is concerned with four specific forms of this system applied in the Czech Republic. It describes elections to the Chamber of Deputies, local elections, elections to the regional assemblies and European elections. The third chapter outlines the problems of Czech electoral reforms - specifically the big reform of elections to the Chamber of Deputies from 2000 and the case of Prague elections in 2010 which both had to be brought to the Constitutional Court. Chapter Four offers a critical look on proportional representation in the Czech Republic. It consists of five parts. The first part focuses on the confusing system of local elections. Part two deals with the legal threshold. The third...
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Limits of demokracy
Zaripov, Sergey ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
Resume In the first part of the graduation thesis Limits of Democracy qualifies the term of democ- racy, the return to democracy sources, especially to the archaic Greece, where democracy began and then developed thanks to the philosophers were like Socrates, Plato or Aristotle. At that time, democracy had strong competition and was created various ideologies and forms of government. Democracy was not made at that time and was standing in the shad- ows of history. In the next part of the graduation thesis author deals with return of democratic thinking in the French Revolution, their thinkers were like Charles Louis de Secondat, baron de La Brède et de Montesquieu and Jean-Jeacques Rousseau who became the inspiration for a revolutionary campaign. In France after the revolution started to emerge riots, wars with neighbors and followed terror. In this part of the graduation thesis author defines the term totalitarian democracy and points to the "democratic" process in 2011 during the Arab Spring. Then the author focuses on today's modern democracy and analyzes the United States as a state, as a bearer of democracy. State that this ideology spreads and becomes uncompro- misingly authority that considers what is democratic and what is not. In this part of thesis is reminded the origin of USA and related issues...
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Musical abilities of childeren and young people as a pedagogical problem
Kysela, Jan ; Pelikán, Jiří (advisor) ; Kremličková, Marta (referee)
Diplomová práce Je pojata jako kombinace teoretické studie a teoretickovýzkumných bloků. První část diplomové práce je teoretické povahy a odpovídá na základní otázky týkající se hudebních schopností dětí s důrazem na problematiku jejich měření a hodnocení. Pro lepší orientaci v oblasti hudebního školství a hudební pedagogiky je do teoretické části zahrnuta i část mapující historii a současnost hudebního školství v České republice. Výzkumná část diplomové práce je rozdělena na tři empirické bloky, jejichž cílem je měření hudebních schopností dětí a mládeže, reflexe hudebního prostředí v rodinách a dále zjištění stavu úrovně výuky hudební výchovy v současné škole. Pro jednotlivé výzkumné bloky jsou použity rozdílné metodologické nástroje. Výsledky těchto šetření včetně užitých postupů jsou podrobně rozpracovány spolu s obsáhlým zhodnocením jednotlivých okruhů a jevů. Tyto poznatky mohou sloužit k optimalizaci hudebně-výchovných koncepcí a k zavádění nových metod v hudebním vzdělávání dětí a mládeže.
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Czechoslovakia during the Second World War: Influence of the Second World War on the political development of Czechoslovakia
Krejčí, Pavel ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
Czechoslovakia during the Second World War - Influence of the Second World War on the political development of Czechoslovakia The years 1938-1945 determined the development that culminated in the communist coup d'état in February of 1948. At the same time, Czech society was undergoing a deep crisis that has been caused by bitter disappointment of the end of the First Republic and its internal political problems. The Great Depression, mass unemployment and the inability of government officials to deal with this situation satisfactorily led to dissatisfaction with the economic arrangement of the First Republic and became the subject of radical change. According to many, the First Republic political party system also had failed. Too many political parties, the need for coalition governments, selfish adherence to party interests instead of national interests, intrigues, were all given as reasons why democracy had not been able to confirm its primacy in the moments when it was most needed. Betrayal by the Western Allies, especially France (under the strong influence of Great Britain) and the relatively friendly behavior of the Soviet Union during the Munich crisis undermined foreign policy concepts, held in the interwar period. All these events had meant that almost no one wanted to return to pre-war...
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Professional ethics of judges in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....
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The building program of Juba II
Šofková, Hana ; Kysela, Jan (advisor) ; Stančo, Ladislav (referee)
This thesis deals with the issue of building program of the Mauretanian ruler Juba II. Its aim is to capture the main features of Juba's building activity and put them in the cultural and political context of the contemporary Mediterranean. At the beginning, the thesis is defined in historical, cultural and territorial terms. Then the work describes Juba's urban and building achievements. These phenomena are observed in comparison with each other and with other contemporary urban programs of personalities like Augustus and Herod the Great. Powered by TCPDF (www.tcpdf.org)
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Contemporary Social Contract Theories
Froněk, Martin ; Wintr, Jan (advisor) ; Kysela, Jan (referee)
Contemporary Social Contract Theories The thesis is intended to be an introduction into contemporary social contract theories. John Rawls' book A Theory of Justice is a seminal work in this field. The thesis, however, does focus not only on the approach adopted by Rawls, but on the theories of other authors as well - that of J. Buchanan, D. Gauthier, T. Scanlon and R. Nozick. These remain quite unknown in the Czech context. The structure of the thesis should allow for a comparison between the respective theories as the author starts with the object of the social contract, proceeds to the parties of the contract and, finally, to its content. Special attention is devoted to the game theory which models some of the typical interpersonal interactions and, using its theoretical apparatus, can illustrate problems of social cooperation - the key theme of virtually all social contract theories. Eventually, the author tries to outline the way analytic philosophy views the social contract. In its eyes, the social contract is a necessary implication of the existence of language.
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Representatives and the represented: trust vs. alienation
Přibyl, Daniel ; Kysela, Jan (advisor) ; Urban, Michal (referee)
These days are western democracies in serious crisis. We could observe this crisis in disconnection societal topics, not only, but especially political, from the citizens, who are affected with these topics the most. The citizens are becoming apathetic; they have no interest file their energy beyond their own private and professional life. This situation could develop in two directions. The first way means conservation of current state, status quo, and it leads to not so happy future. Or another way change of course happens and the interest in public life will be activating in the citizens. And I believe in the second possibility. However, there is lot to do, to revise many aspects of public life, e.g. political parties, funding to these parties, institute of representation and how community perceive it, or elections, the way legitimation.
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