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The limits between interpretation and judicial development of the law
Koželuha, Patrik ; Žák Krzyžanková, Katarzyna (referee)
The limits between interpretation and judicial development of the law The thesis deals with the issue of the limits between interpretation and the judicial development of the law, especially in relation to the limits that the interpreter must respect when considering whether to proceed to the (judicial) development of the law in a specific case, and further in relation to the identification of risks that in connection with this procedure may arise. The thesis focuses mainly on questions related to the limits of the development of law. The reason is the following: while questions related to the interpretation of law constantly attract the attention of legal theorists, much fewer works are devoted to the questions related to (judicial) development of law. The aim of this thesis is thus (i) to show where the limits of the interpretation of the legal text end, (ii) to identify for which specific cases these limits will also represent the final boundary for their solution, and (iii) if this is not the case, to finally define further limitations and conditions of procedure for those cases where the (judicial) development of the law may be considered. The subject-matter of the research in this thesis is thus to find the limits between the cases when the interpreter interprets, to distinguish them from the cases...
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The limits between interpretation and judicial development of the law
Koželuha, Patrik ; Wintr, Jan (advisor) ; Tryzna, Jan (referee) ; Hlouch, Lukáš (referee)
The limits between interpretation and judicial development of the law The thesis deals with the issue of the limits between interpretation and the judicial development of the law, especially in relation to the limits that the interpreter must respect when considering whether to proceed to the (judicial) development of the law in a specific case, and further in relation to the identification of risks that in connection with this procedure may arise. The thesis focuses mainly on questions related to the limits of the development of law. The reason is the following: while questions related to the interpretation of law constantly attract the attention of legal theorists, much fewer works are devoted to the questions related to (judicial) development of law. The aim of this thesis is thus (i) to show where the limits of the interpretation of the legal text end, (ii) to identify for which specific cases these limits will also represent the final boundary for their solution, and (iii) if this is not the case, to finally define further limitations and conditions of procedure for those cases where the (judicial) development of the law may be considered. The subject-matter of the research in this thesis is thus to find the limits between the cases when the interpreter interprets, to distinguish them from the cases...
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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...
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Teleological interpretation in private law
Anzenbacher, Vilém ; Beran, Karel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
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Teleological interpretation in private law
Anzenbacher, Vilém ; Beran, Karel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
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Teleological interpretation in private law
Anzenbacher, Vilém ; Wintr, Jan (advisor) ; Večeřa, Miloš (referee) ; Maršálek, Pavel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
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The Possibilities of Using Analogy in Public Law
Zima, Marek ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The Possibilities of Using Analogy in Public Law Argument by analogy plays an important role in the law. It enables to complete legal system so that it presents system that is uniform and as to its values internally coherent. One of the basic knowledge of law faculty student is that statutory interpretation and application of law by analogy counts among logical methods of interpretation. However, this finding is being ever more frequently questioned in the recent literature. Rather than logical structure of an argument by analogy it is its logical nature that is being emphasized. The main aim of this thesis is to describe the structure of analogy as a general method of reasoning. So defined, analogy will be subsequently applied to the options of using analogy in public law as it is not possible to use analogy to the same extent in all fields of law. Generally speaking, the use of analogy in public law is more restricted than it is in private law and in particular fields of public law the restriction of the use of analogy are even stricter. Throughout the thesis I also attempt to support my theoretical conclusions with the relevant case law. The text is divided into four main chapters. In the introductory chapter I define analogy as a general method and further address its use in law into three...
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Teleological interpretation and the case law of Czech courts
Koželuha, Patrik ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
Univerzita Karlova v Praze Právnická fakulta Patrik Koželuha Abstract: Teleological interpretation and the case law of Czech courts The purpose of my thesis is to analyze teleological interpretation from both the theoretical and the practical point of view. Since the use of teleological interpretation by Czech courts has increased in the last two decades, the reason for my research is to present recent legal discussions related to the teleological interpretation. The thesis also examines the arguments which support or criticise such method of interpretation and compares them to contemporary judicial decisions. The thesis is composed of two main chapters; each of them explores the teleological interpretation from a different perspective. The first part is a theoretical part which summarizes acquired knowledge of legal theory concerning teleological interpretation. The second part deals with detailed analysis of selected judicial decisions. The aim of the thesis is to provide a reader with a comparison between theoretical and practical approach to the teleological interpretation. The opening subchapters of the theoretical part explicate what the statutory interpretation is. It also attempts to outline the limits of interpretation. Subsequently, the study presents and characterises the main methods of...
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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...
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The importance of linguistic interpretation of law
Čížkovská, Anna Marie ; Gerloch, Aleš (advisor) ; Tryzna, Jan (referee)
This thesis describes linguistic interpretation in the context of interpretation of law, that is defined either as discipline of law, either as social discipline. In linguistic interpretation plays basic role linguistic interpretation. In the chapter that follows the chapter with description of the linguistic interpretation and its specifics in interpretation of law, the author puts linguistic interpretation among the other methods of interpretation. Although she admits the opinion of The Constitutional Court of the Czech Republic, that linguistic interpretation is only the first approach to the text, she looks for argumentation that disproves this opinion. She finds one of possible arguments, when she relativizes enumeration of linguistics disciplines, because of pragmatics. Pragmatics as a linguistic discipline is not in this enumeration. The author says, that the reason is, that pragmatics would change meaning and understanding of the linguistic interpretation, bescause of presence of context as a common factor in pragmatics and in the teleological interpretation. The fourth chapter describes legal language as an object of the linguistic interpretation and also as an instrument of lawmakers. Author finds a reason for necessity of the linguistic interpretation in the fact, that lawmakers don't...
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