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Identity and Universality of Legal Cultures in Eastern Europe
Slavík, Matěj ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
1 Identity and Universality of Legal Cultures in Eastern Europe Abstract Submitted thesis explores the topic of possible approximation among East European legal culture and common law legal culture. As an indicator supporting or dismissing the trend in question serves a qualitative as well as quantitative analysis of the comparative argumentation in the case law of constitutional courts of five East European countries: Russia, Hungary, Poland, Romania and the Czech Republic. Firstly, the thesis explains the concept of legal culture, underlines its critique and introduces it as a fitting theoretical framework for a detailed study of constitutional comparative argumentation. The comparative argumentation and its theoretical outline are in the center of the subsequent part of the thesis which also tries to describe effects of socialist legal culture on legal argumentation before courts in the region of Eastern Europe. The comparative argumentation is then introduced as a relatively important but also an overlooked method of legal argumentation, at least in the region in question. Following these findings, the occurrence and methodological quality of comparative analysis in the case law of constitutional courts is established as a suitable indicator of potential approximation of examined legal cultures. The...
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Angloamerican, European, Islamic legal culture (comparative study)
Kalíšková, Lucie ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
ii Abstrakt a 5 klíčových slov v anglickém jazyce Anglo-American, European, Islamic legal culture (comparative study) Abstract The aim of the J.D. qualification thesis is to describe the large legal systems and to analyze them in the form of a comparative study. The J.D. qualification thesis consists of six chapters. The first chapter contains the characteristics of large legal systems and their differentiation and, in addition to the compared legal cultures, it also briefly discusses African customary law, the customary law of the Indian subcontinent (based on the religious tradition of Hinduism and Buddhism) and Sino-Japanese legal culture. The second chapter focuses on the description of Anglo-American legal culture and its subsystems, especially English law, US law, Canadian law, legal systems of Australia and New Zealand. The third chapter deals with continental legal culture and its subsystems, specifically the French, Austrian, German, Swiss, Scandinavian, Latin American and European Union legal cultures. At the same time, this chapter briefly summarizes other important civil law codifications of European countries, such as the Netherlands, Romania and Russia. The fourth chapter is focused on the Islamic legal culture and the importance of religion in society. The main part of the J.D. qualification...
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