National Repository of Grey Literature 97 records found  previous11 - 20nextend  jump to record: Search took 0.02 seconds. 
Moral arguments in consideration of courts when applying law
Šimek, Jiří ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
This thesis deals with relationship of law and morals from the perspective of a judge applying the law. It starts by defining morals as a normative system which determines what is good and what is bad. Bad morals are punished by social sanction. The relationship of content of morals and law can be described as an intersection. There are three possible relationships of the area of law and morals regarding their respective application: (i) area which should be regulated only by moral rules; (ii) area which should be regulated only by law; and (iii) common area for both normative systems. Morals can penetrate reasoning of a judge applying the law at least in three ways: Firstly, Legislator can order the judge to drag a moral norm into his consideration. Such an order is called boni mores (dobré mravy) in Czech legal system (used in Section 3 or Section 39 of Czech Civil Code). Secondly, the school of phenomenology hermeneutics claims that any interpretation, thus interpretation of law as well, is conditioned by existence of so called pre-structures. We cannot get rid of these structures, they create necessary interpretative frame of interpreting individual. Moral feelings or moral attitudes are parts of these pre-structures. Morals can project to the decision-making of judge knowingly or unknowingly through...
The extent of legal liability of the State for misconduct in the exercise of state powers
Patočka, Vojtěch ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
In the presented work I study the concept of liability of the State for misconduct in the exercise of state powers. The main aim is to show why this concept needs to be different from the one we know from civil law. The legal relationship between the State and an individual is a relationship that differs from the one we know from civil law, given that it is related to the exercise of power. Therefore we have to construct specific legal conditions in order to find the State liable for damages that an individual may suffer in such a relationship. In the first part I question the main function of the State's liability for damages. I show that it has good influence on the administrative bodies in the way that it forces them to follow the law. On the other hand this influence must not be overestimated. In the next part I study the basic elements and conditions of liability. I work with the domestic law as well as with the liability principles formed by the judicial decisions of the EU Court of Justice. I compare both these systems of liability for damages with regard to how they respond to the specific features of the relationship between a State and an individual. Final part of this work tries to explain why different branches of state power should be treated differently. I show on examples what kind...
Discrimination on grounds of sex and legal limits
Pukovcová, Kateřina ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
SEX DISCRIMINATION AND THE LIMITS OF LAW The thesis deals with sex discrimination from a theoretical point of view, it does not offer simple answers, but tries to bring proposals to improve current inconvenient estate of treatment of men and women, which can't be considered to be equal. Generally equality is one of the basic values in society, but it is difficult and is failed to fulfill this principle. The main reason is that people follow prejudices and can't get over them. Formal equality of men and women before the law was reached, but factual inequalities persist. That is why a special effort is justifiable and essential to enforce equal treatment. Level of achieved equality indicates progressivism of a country and standard of living generally. If, in case of women, more than half of a population is out of impact, sources and human dignity, democracy is not perfect and faultless. Therefore it is necessary to find and eradicate the latent barriers, change people's attitude and get the prejudices out of their minds. The thesis consists of four main chapters. First chapter concerns terms equality and discrimination and shows their uncertainty, describes various conceptions of equality and direct and indirect discrimination. Second chapter explains necessity of enforcement of equal treatment with men and...
Linguistic interpretation of a legal text in philosophical contexts
Švára, Ondřej ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
SUMMARY: Linguistic interpretation of a legal text in philosophical contexts Keywords: philosophy of law, interpretation of law, language interpretation The thesis deals in a broader sense of the word with interpretation of legal texts and in the strict sense of the word with language interpretation itself. At the beginning of my thesis I explain why this is so particularly topical and problematic issue in the contemporary law. The reason is mainly the fact that because of many changes and events the modern law is more complex and extensive than in the past. This naturally leads to the question how to interpret such law. The aim of the thesis was to compare the relationship of law and language in the context of analytical philosophy, which was one of the most influential intellectual movements of the 20th century. The language is a paradigm of many scientific theories nowadays and as such deserves more intention of lawyers. I focused mainly on the role of meaning of words used for interpretation. In particular, I discussed the issue whether a legal term can name a thing. The most important finding of my thesis is the following one: No, things can not be named by meaning of the individual expressions. To prove the theory the thesis also deals with some other philosophical issues. Chapter VIII, for...
The principle of social state in political theory and the case-law of the Constitutional Court
Kaloč, Otakar ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
1 Abstract The principle of the social state in political theory and the case-law of the Constitutional Court The topic of this work is the phenomenon of the welfare state, social rights and their judicial review performed by the Constitutional Court of the Czech Republic. The aim of this paper is to introduce the welfare state in terms of the theoretical, historical and practical implementation of its goals, whether it is a political reality or the decision making practice of the Constitutional Court, which in turn influences political environment. This work is based on theoretical works of political philosophy, findings of constitutional law and the jurisprudence of the Constitutional Court. The thesis points out the different understanding of the social question in basic political theories such as liberalism, socialism or feminism. The historical part of this work comprises of the description of the development of social issues in countries such as the United Kingdom and the USA. It is evident that this was a long-term process beginning in the early seventeenth century and continuing to the period of its greatest expansion after World War II. This work also mentions some aspects of poverty. Another important part is the introduction to the theory of typologies of different "regimes" and types of welfare...
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...
The process of application of the law with focus on legal argumentation and interpretation
Hutirová, Helena ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
This thesis deals with legal argumentation and legal interpretation as an integral part of the process of the application of law. The aim of the thesis is not only to point out the present indisputable importance of legal argumentation and legal interpretation of law, but also to explore the problems related to the application of law while using different methods of interpretation at an intrastate level and as well as within the interpretation of the European law. Nowadays, the importance of legal interpretation and legal argumentation in the process of application of law is increasing, because the law system generally suffers especially from hypertrophy of legal rules, inner incongruousness, and occurring gaps in law. In the context of the recodification of private law in the Czech Republic, it is possible to rightly expect growing importance of judicature, which will help to interpret new legal regulations. The thesis firstly focuses on the survey of general theoretical discourse of the process of the law application, legal interpretation, and subsequently also legal argumentation. Individual chapters of the thesis include judicial precedents that are related to the analysed dilemma, both on the domestic as well as European level. Considerable part of...
Status of Deputy of the Czech Parliament in legislative process
Kočí, Kristýna ; Bureš, Jan (advisor) ; Wintr, Jan (referee)
The main purpose of my thesis entitled "The legislative process - the role of Members of Parliament" is to analyze the process of preparing, making and passing laws by the Parliament of the Czech Republic, focusing on the role of Members of Parliament in the legislative process (including comparisons between members of the coalition, opposition and non- attached) and provide a comparison theory, therefore, the possibility of the constitution and other laws and actual practice.
Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
The Political Culture of the Presidential Elections in the Czech Republic
Černá, Vladimíra ; Znoj, Milan (advisor) ; Wintr, Jan (referee)
This thesis deals with the political culture of the presidential elections in the Czech Republic. Its main aim is to compare the state of the political culture in 1993 and 2008 in the Czech Republic in connection with the presidential elections. The study employs analytical and comparative methods. The thesis tests the validity of the hypothesis that the civil maturity of the politicians grows with the duration of the democracy.

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