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Shakespeare and the Law
Židek, Zdeněk ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
The topic of the thesis is the connection of the renowned bard and writer William Shakespeare with the Law. The thesis points out some of the most interesting legal remarks, which can be found during the course of the study of the Shakespeare's texts. The aim of the thesis is to broaden the knowledge of the depth of Shakespeare's plays, romances and sonnets and their legal connotation that never ceases to amaze both the general public, and the readers of legal education. The thesis is prefaced by the treatise regarding the connection of the law with the literature through the Law and Literature movement. The following chapter notes reasons why is it appropriate to study literary texts for the practice of legal professions, namely in the connection to the courts' decisions. Decisions of the US Supreme Court and the Czech Constitutional Court are mentioned in the thesis. In the following lines the author notes the issues one might face while translating the Shakespeare's remarks, especially those of legal connotation ; and mentions some of Shakespeare's law-related remarks. A notable portion of the thesis deals with three plays and their law-related contents. In the passage regarding the comedy Measure for Measure, Shakespeare's interest in a topic that is still actual nowadays is pointed out - the...
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To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how professional ethics scrutiny operates in a real-life situation. A judicial usage of social media serves as an example of such situation (or more precisely of such scrutiny). Arguments for and against the judicial usage of social media are articulated and based in a weighting of the arguments final decision is taken.
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The Concept of Sovereignty of Thomas Hobbes and Samuel Pufendorf and its Role in the Constitution of Modern Concept of State
Belling, Vojtěch ; Reschová, Jana (referee) ; Maršálek, Pavel (referee)
It is a topos of postmodern law and political philosophy to speak about the "change" of the concept of sovereignty, and to put the current forms of state existence in opposition to the "classical" theory of sovereignty. The theoretical content of this "classical" doctrine is too easy identified with the empirical reality of the Westphalian state system and understood as an apotheosis of the autonomous, independent states and legal systems. In this thesis I have therefore tried to investigate the logical core of the doctrine of sovereignty of two important political philosophers of the 17th century, Thomas Hobbes and Samuel Pufendorf. Based on the analysis of the central works of both authors, in the light of the latest research, the work shows that their understanding of sovereignty can only be understood with the help of the analysis of the concept of fictitious (or fictitiously) created artificial (moral) person. Sovereignty is no term for an empiricial force or violence, but the name for an imaginative absolute power that is connected to the artificial sphere of fictitious legal reality which is radically separated from the empirical world. The "sovereign power of the Commonwealth" is related to the fictional character of the state, which is identical to the concept of people (populus). The...
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Shaping of Legal Consciousnes of non-law University Students
Krupová, Tereza ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Urbanová, Martina (referee)
This dissertation thesis Shaping of Legal Consciousness of non-law University Students aims to explore the process of forming legal literacy and consciousness of non-lawyers mainly via education. Premise or audited issue is that didactics and methodology of law and hence connected cultivation of legal consciousness of individuals are not very effective. Thereof the starting point is the anticipated inefficiency of teaching law for non-lawyers. The thesis firstly looks for the purpose of university education today as well as the position of its students. Further the concept of legal consciousness is presented. The last two chapters confirm some hypothesis using results of researches made for this thesis. The first research focuses on university teachers of law to non- lawyers, the second one deals with universities' students and graduates.
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Phenomenon of justice in contemporary legal thought in the context of hellenic philosophy
Koloušek, Martin ; Pinz, Jan (advisor) ; Maršálek, Pavel (referee)
1 Abstrakt anglicky This diploma thesis discusses the phenomenon of justice in contemporary legal thought. In general part the thesis deals with the genesis and development of the concept of justice in Greek legal-philosophical thought and defines selected problems arising from formal-logical and historical view on researched phenomenon. It is stated that justice is in Greek thought understood primarily as a moral category which serves to measure law and its correctness. It is also made a finding that concrete opinions on justice are already in Greece very diverse and it is difficult to find a common element. In special part of the thesis is given an exposition of selected thinkers of contemporary legal thought and their opinions on justice. It has been found that although their reflections are inferior to those of their Hellenic predecessors, they agree with them that justice is an ethical category. In the light of findings gained by studying both ancient Greek authors as well as contemporary authors there are examined selected aspects of liberal-democratic legal orders in the prism of justice. There has been found in the thesis that there exist aspects that do not correspond to the concept of justice introduced in the thesis and that therefore exists a space for potential improvement. Given examination is...
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Legal education and attempts to reform it in the Czech lands from 1918 until today
Hochmanová, Alexandra ; Maršálek, Pavel (advisor) ; Pavlíček, Václav (referee) ; Večeřa, Miloš (referee)
The dissertation called Legal education and attempts to reform it in the Czech lands from 1918 until today deals with theoretical and historical views of the legal education system at Czech Legal faculties during the last century. The course of the reforms that have shaped the current state of the Legal faculty is shown in the light of historical development. The subject matter of Legal education is treated from the point of view of the modern approach to the theories of Legal studies. The present trends and new requirements developed after 1989 are taken into account. The conclusion takes into consideration the comparative views of Legal education and brings a complex analysis of the given problem.
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Legal and philosophical aspects of free will
Kutílek, Lukáš ; Maršálek, Pavel (advisor) ; Tryzna, Jan (referee)
This thesis seeks an answer to a question of whether social normative systems, particularly law and morality, are consistent with the most recent scientific and philosophical findings. Those in fact often conclude that the human will is not free and that the human decision- making is only a physiological process governed by the laws of physics. Such findings thus, at a first glance, collide mainly with the concept of responsibility, through which law and morality are implemented. Therefore, the paper begins with a brief introduction of the current state of knowledge concerning free will and presents mainly determinism and indeterminism. The conclusion of the first part called Free Will and Determinism introduces a view of the world, which best suits the current state of knowledge and is further referred to as Physicalism. The second part called Law, Morality, Physicalism, briefly presents law and morality as regulators of human behavior, for which the concept of free will is fundamental. The focus of the thesis then shifts towards the institutions of criminal and civil law, that seem to be threatened by Physicalism the most. However, general consistency of Physicalism and the examined normative concepts is concluded, while it is argued that within the physicalistic view of the world, law and morality...
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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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Values, legal consciousness and law
Moravec, Lukáš ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
Values, legal consciousness and law This thesis deals with legal values and their importance for the decision making of legal subjects. First it introduces a general model of a world, which can be used for any world with consistent effects. From that it deduces what can be considered an individual person and how such individuals behave. Who we consider an individual is dependent on our subjective choice. While choosing a particular individual we can express their relationship to their environment with a certain attitude of thought. If mutually corresponding thought attitudes can be shared by different individuals in such a way that the conveyance of them would correspond to a certain thought of a different individual, we use the term institution. Institutions are not considered to be existing objectively, however they help us interpret objective facts. Institutions include natural and artificial persons, the state and the law. The state emerges in a power struggle, although under the influence of morality. Morality is a type of institution, which is created by an interaction among individuals and through a compromise between their aspirations. This thesis decides for a consequentialist approach to morality, while objections against consequentialism are either refuted or shown to be able to be...
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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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