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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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Finding of the Archetypes of the Political System in the Law and Political Philosophy
Chválek, Jan ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee)
Jan Chválek - Rigorous Thesis Abstract (English) The main objectives of this work are summarised on a separate sheet, which I have named the Fundamental Theses. I intentionally bring forward additional issues for discussion, which, I hope, will be received positively. In fact, it is an area that I would like to focus on personally in the future. The thesis is interwoven with the effort to interconnect issues with law and philosophy that, in my opinion to our common detriment, are not put into context. These namely include technological development, art, or, in a wider sense, the cultural aspects of the society. The thesis seeks to identify the archetypal idea of a political system, purged of any value load after the fashion of how the methodology of the genuine doctrine of law purged the idea of law itself. This methodology will be presented in greater detail so that it may be shown as a certain analogy to what I would like to achieve. At the same time, however, the purpose and the final goal of my intent differ. I believe that these differences will be clarified in the following text. I am aware of the complexity of this project; nonetheless, I am also convinced that it is due to the complexity of the subject of the intent itself, which is largely universal. The thesis follows a pre-determined scheme by...
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Formalism in Law
Brezina, Peter ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Škop, Martin (referee)
The theme of this thesis is "formalism in law" as a concept that permeates an essential part of modern legal thinking. This work shows that it is usually perceived as a critical concept, but without a clear and steady meaning. In recent times, however, the discussion involving this concept changed so that it now includes individuals positively acknowledging themselves as formalists. An overview of this debate (only marginally concerning the Czech environment yet, however) forms the bulk of the thesis. The second essential part of it is a separate rethinking of the place of formalism in law, in all its aspects - in interpretation and application of law, in the creation of law, even in legal education and legal scholarship. This thesis consists of three unequal parts, the first of which is further divided into three sections. The first part deals with the formalism as a topic of discussion in legal philosophy during the entire 20th century, and the intention is to present this debate to Czech readers. Its first section is devoted to a topic typically linked to criticism of formalism in law in Western legal scholarship, as it presents the American legal realism of the interwar period. It shows it as a strong and visible culmination of earlier critical efforts visible on both sides of the Atlantic...
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The Concept of Autonomy : (conditions of modern subjectivity and historicity of the concept of law)
Janoščík, Václav ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
of the diploma thesis Janoščík Václav The Concept of Autonomy (Conditions of modern subjectivity, of the concept of law and of historicity) Submitted thesis aims at articulation of the concept of autonomy in its complexity. At first it pursues specific contexts of the notion to arrive at its structure. At first we try to explore prospective of analytical philosophy of law to situate the concept of autonomy to the heart of the idea of law. This efforts unfolds itself by an unorthodox interpretation of natural right theory of Herbert Hart's early work. Second chapter discusses the framework of the philosophy of history, that are based on the idea of an autonomous subject. Seemingly paradoxical linkage of Heidegger's fundamental ontology and Kosík's dialectics of the particular articulates the historical function of the autonomy. Next chapter connects Kosík with Cornelius Castoriadis in the perspective of social theories. Also in their normative core we can identify our notion of autonomy. Fourth chapter follows the theory of disenchantment of the world of Marcel Gauchet. We reformulate it as a realization of the ideal of autonomous subject in order to contextualize the concept historically. Last topic of the first part is the framework of the intellectual history. Here we situate Dieter Henrich and...
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Bylaws and the legal order of the Czech Republic
Kment, Vojtěch ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA Ing. Vojtěch KMENT Vnitřní předpisy a právní řád České republiky Bylaws and the legal system of the Czech Republic Diplomová práce Vedoucí práce: JUDr. Karel Beran, Ph.D. Katedra: Katedra teorie práva a právních učení Datum vypracování práce: srpen 2011 Abstract (english): Bylaws and the legal system of the Czech Republic The purpose of my thesis is to provide some theory on bylaws which will help to identify their existence and particularly the legal obligations and/or rights they constitute. I located areas in which the bylaws may exist in the context of the legal system of Czech Republic, conditions of their valid promulgation and other circumstances when they may constitute legally binding obligations or rights. This thesis uses the term bylaws for the abstract normative acts which are not generally binding and which do not constitute the common contracts, i.e. the common concept in which they are used within the current Czech law. Bylaws are traditionally considered out of the scope of interest of the academic as well as the professional lawyers as legal documents of a very low degree. Yet they exist and proliferate nearly everywhere and establish a vast amount of various legal obligations or even rights which the average citizen quite often finds difficult...
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Legal responsibility
Pražák, Pavel ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
- Legal responsibilty Pavel Pražák The purpose of my thesis is to analyze the institute of legal responsibility that is very often used in the Czech doctrine and in legal acts. The reason for my research is to clarify the clear content of this term. The thesis is composed of two parts, each of them using a different method. Part One is deductive. It is divided into eight chapters. Chapter One is introductory and defines the term "responsibility" according to the common Czech language and clears the terminology used in the thesis. Chapter Two examines mechanisms of Roman law similar to the contemporary legal responsibility. It deals primarily with the institutes of "nexum" and "stipulatio". Chapter Three concentrates on the function and role of legal responsibility in law. It defines its most universal function as well as its concrete roles. Chapter Four is subdivided into four subchapters and provides an outline of relevant Czech doctrinal concepts of legal responsibility, such as the concept of active responsibility or the sanction doctrine. It also deals with the classification of the concepts provided by Josef Macur in the 80's. Chapter Five describes the German doctrine in the field of legal responsibility. It clears the German terminology, deals with the doctrine of "Schuld und Haftung" and...
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The Protectorate Government in the administration system of the Protectorate of Bohemia and Moravia
Stárková, Magda ; Gronský, Ján (advisor) ; Maršálek, Pavel (referee)
This State Doctoral work is focused on the era of the so-called Protectorate of Bohemia and Moravia, operational during the period March 16, 1939 to May 5, 1945. Concretely, it is aimed at describing and analyzing the structure of the public administration of the Protectorate of Bohemia and Moravia with emphasis on the position of the Protectorate Government as the most important component of the autonomous protectorate administration. The work is, above all, devoted to the organization and scope of powers of the Protectorate Government, and defines its position toward the main parts of the German occupation administration, both in light of the legal regulation and the factual situation. Furthermore, the work observes in detail the function of the Protectorate Government, especially its legislation activity in the most important fields of economic, social and public life or in "the solving of the Jewish problem". This work also outlines the personal occupation of the Protectorate Government and its changes, and differentiates between particular Protectorate Governments, as well as between particular members of these Protectorate Governments in their attitude toward the Nazi occupation power on one hand, and toward the Czech national resistance on the other. Particular attention has been paid to the...
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The Case Law Publication
Králík, Lukáš ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Masopust, Zdeněk (referee)
The phenomenon of the case law and publication of the case law reports has been present in our legal culture at least since the 13th century, as well as in some other European countries. Court decisions in writing occurred through several types of documents and sources. We can trace the case law documents in the public royal records ("the plates"), the law books and the first constitutional codifications of law. There is even particular group of the law collections which we can actually name as the original case law reports. The case law reports were designed even before this period of time. Unfortunately, no such original law reports survived up to the present day. We can strongly state the sustainable tradition of typical case law collections in the Czech legal culture since the medieval times. The very first case law reports in modern sense of meaning came in late 1850`s. But the periodicals case law reports in the Czech language eventually appeared with the year of 1918 when the Czech state was restored. Creating the case law reports and its headnotes falls within the process of court decisions publication. The courts, which constitute the top of the judicial pyramid, operate with their special individual instruments on their case law publication. The official law reports have been established...
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The Applications by a Court from the Legally-Sociological Perspective
Kučerová, Pavla ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Šejvl, Michal (referee)
JUDr. Pavla Kučerová Aplikace práva soudem z právně-sociologické perspektivy Résumé The thesis - The Applications by a Court from the Legally- Sociological Perspective -deals partly with an individual who applies law within the frame of justice, partly with justice as such. An individual who lives and works within such a complicated organisation as modern justice appears to be, is influenced by the organization, and so his work is influenced - thereby the application of law itself. Various judicial systems as they have been developed over the years, aim at the same targets in the rough. However, they choose different means for target achievement. The position of judges in meritocratic and career justice is also different. The differences can be seen in the way judge candidates are chosen, in what way judges are appointed and in the posibility to remove judges from their office. Two different systems have been analysed in detail - the US federal judicial system as an example of meritocratic justice and the Czech judicial system as a typical example of career justice. Regarding the USA, there is a mention of judicial elections that do not refer to the federal judicial system and seem to be a domain only in several US states. The elections are considered to be such a unique way of judge appointment so that is...
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The theory of human democracy
Kolář, Rostislav ; Pinz, Jan (advisor) ; Maršálek, Pavel (referee)
Theory of human democracy The purpose of thesis is to analyse the question of human democracy and to find conclusion if this concept is eligible for society here and now. Author uses analytical, synthetical and historical methods in order to catch the goal of the paper. This research is dealed into universal part and specific part as a logical process. First author finds the problems and after that offer solutions. In concrete how to make from partial democracy, i. e. formal democracy, after accentuation her deficiencies process of changes to full, material democracy. The thesis is composed of seven chapters, each of them dealing with different aspects of topic. Chapter One is introductory and defines basic terminology used in the thesis. The chapter two is subdivided into two parts, where author describes genesis and short historical introduction of democracy and humanity. In Chapter Three the most important ideas of human democracy are mentioned, for example idea of humanity, freedom, equality and fraternity. Result of this part is of course fact, that democracy is expression of sovereignty of people. Last chapter in universal part consists of four subchapters, where analyse of relation between democracy and liberalism is. After that special part follows, which is divided into three chapters. First author...
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