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Handling the problem of deconstruction of the law in perspective of the interpretation of the law methodology
Vláčil, Ondřej ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
- Handling the problem of deconstruction of the law in perspective of the interpretation of the law methodology The target of this thesis is firstly to describe the concept of the deconstruction of the law - the phenomenon of the last and probably also future decades. Secondly, the thesis describes the influence of the deconstruction of the law on the interpretation of the law. The thesis is dived into the three main parts and the conclusion. The concept of the deconstruction of the law and its causes are described in the first part. The deconstruction of the law is a process changing quality of legal order. As a consequence of that interpretational difficulties come in specific situations (or more precisely - it is not sufficient to infer a legal rule from regulatory legislation just by standard interpretative methods). This process has its several causes. Decomposition of religion and ethics (as the two significant social regulatory systems) and perception of the law as a technical instrument guiding the society, they both caused the extension of the law. If the law is now understood as the technical instrument guiding the society, then an acceleration of social development results in the acceleration of changes in legal rules. The extension and dynamics of the law they both negatively influence...

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