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New codification of just redaction of the original one? Comparison of Czech land constitutions from years 1500 and 1549
Stojan, Marek ; Šouša, Jiří (referee)
This diploma thesis focuses on the comparison of two crucial legal codes of the Bohemian common law of the first half of the 16th century, i.e. Vladislavské zřízení zemské and Zřízení zemské of 1549. The aim is to answer the question whether it is possible to perceive Zemské zřízení of 1549 in the same way as it is understood by the majority of the current historiography, meaning whether Zemské zřízení of 1549 is only the redaction of Vladislavské zřízení zemské. I want to concentrate on the thought if it is necessary to reconsider the general view on this matter. It may be established that these legal codes are relatively independent works due to their dissimilarities as they differ significantly in their origin, authors, historical context, central ideas, and structure. In general, the distribution of power is a key aspect of forming the law, which applies not only to the early modern period, and this idea is reflected in the structure and content of both these codifications. In the first chapter, I focus on the contextualisation of both codes from the point of view of the legal history and discuss the political science thinking of selected classical authors. My next goal is to describe the legal development not only in the Kingdom of Bohemia but in the Moravian Margraviate as well as, this...
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Common law and state law in codification of bohemian late medieval period (1350-1500)
Stojan, Marek ; Bobková, Lenka (advisor) ; Zdichynec, Jan (referee)
This bachelor thesis deals with the possibilities of the adjustment of the royal power in the late medieval codifications in Bohemia. Its aim is to compare the final forms of codifications, mainly with regard to whose initiative bore the cardinal significance during the preparation of the legal code, whether the ruler's or the estates'. Each of these parties had different opinions on the forms of the functioning of the kingdom and its administration, as well as on its legal system. They tried to enforce their ideas in various ways, i. e. by codifying the law. The transformation of specific legal institutes is also brought into question, especially the issue of escheat or the adjustment of the disposition of the royal estates. The main focus of this thesis lies on the comparison of the legal codes Maiestas Carolina and Vladislavské zřízení zemské, both from the historical and legal point of view. The thesis aims to connect the historical and legal perspectives on the medieval codes of law. Key words: land law, legal codification, legal history, estates, estate monarchy, Middle Ages
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