|
|
The Dialectics of Law:A Hegelian Solution to the Conflict Between Natural and Positive Law
Sklenář, Václav ; Matějčková, Tereza (advisor) ; Jinek, Jakub (referee) ; Fořtová, Hana (referee)
The aim of the thesis is to answer the question of what do we actually claim, when we claim that certain subject does, or on the contrary does not have certain rights. I attempt to solve the question through an analysis of the traditional conflict in the theory of jurisprudence between natural and positive law. While positivism derives the existence of rights from social facts natural law theories claim that certain rights can be deduced directly from (human) nature, and that these rights are universally acceptable. The first chapters are accordingly dedicated to classical formulations of positivist and naturalist positions and explore their broader theoretical assumptions. Using a dialectical procedure inspired by Hegel's Phenomenology of Spirit, I endeavour to uncover the inner tensions of the introduced approaches, which point to the justification, or even necessity of the existence of the alternative approaches. A historical excursion into the times of the French revolution follows, which shows how the problems of the presented theories manifested themselves in political practice. The second part of the work discusses various types of reactions to the inability of the tradition to solve the conflict between natural and positive law. I present Griffin's theory of human rights which seeks a...
|
|
|
Rainer Forst's Theory of Tolerance
Sklenář, Václav ; Matějčková, Tereza (advisor) ; Karásek, Jindřich (referee)
The goal of the presented thesis is to expound and evaluate Rainer Forst's theory of toleration, counting among the most discussed themes in contemporary political theory and practice. A critical reception of the manner in which a leading contemporary political thinker systematically treats this theme will provide us with historical, systematic, and normative orientation in the structure of this complex problematic. The exposition follows Forst's historical analyses explaining the development of the concept and different conceptions of toleration and at the same time supply normative evaluations of individual developmental tendencies. The thesis subsequently focuses on the purely systematic part of Forst's work, i.e. on his own theory of toleration, and situates Forst's contribution in the wider frame of his constructivist theory of justice. The thesis closes with a critical evaluation of Forst's theory. Here, systematic deficiencies of his conception will be uncovered, deficiencies that point towards deeper problems of liberalism and constructivism.
|
|
|
Kierkegaard's Theory of the Self
Sklenář, Václav ; Němec, Václav (advisor) ; Ritter, Martin (referee)
(in English): Main focus of the thesis is Kierkegaard's description of man's existential possibilities which is framed by his theory of three existential stages - aesthetic, ethical and religious. The thesis aims at showing how each of these stages is constituted, what existential stance does man take in each stage towards the outside world and towards himself and how is it possible to achieve a movement between the stages. This goal should be arrived at by giving an interpretation of the texts of Kierkegaard's first authorship, that is his writings published between 1843-1846, starting from Kierkegaard's two-volume debut Either/Or and ending with his Concluding Unscientific Postscript to Philosophical Fragments. The Thesis is primarily concerned with these writings because they take the theory of existential stages as their starting point. The exposition takes into consideration the possibilities of different existential positions inside each stage, which are thus shown not only in their constitutive conditions, but also in their inner variability, which makes possible existential movement even in the stages themselves. The thesis should thus present Kierkegaard's view of the entirety of existential possibilities, starting from the lowest level of the aesthetic existential sphere and ending with...
|
|
| |
guest ::
RSS feed.