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The Concept of Autonomy : (conditions of modern subjectivity and historicity of the concept of law)
Janoščík, Václav ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
of the diploma thesis Janoščík Václav The Concept of Autonomy (Conditions of modern subjectivity, of the concept of law and of historicity) Submitted thesis aims at articulation of the concept of autonomy in its complexity. At first it pursues specific contexts of the notion to arrive at its structure. At first we try to explore prospective of analytical philosophy of law to situate the concept of autonomy to the heart of the idea of law. This efforts unfolds itself by an unorthodox interpretation of natural right theory of Herbert Hart's early work. Second chapter discusses the framework of the philosophy of history, that are based on the idea of an autonomous subject. Seemingly paradoxical linkage of Heidegger's fundamental ontology and Kosík's dialectics of the particular articulates the historical function of the autonomy. Next chapter connects Kosík with Cornelius Castoriadis in the perspective of social theories. Also in their normative core we can identify our notion of autonomy. Fourth chapter follows the theory of disenchantment of the world of Marcel Gauchet. We reformulate it as a realization of the ideal of autonomous subject in order to contextualize the concept historically. Last topic of the first part is the framework of the intellectual history. Here we situate Dieter Henrich and...
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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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Formalism in Law
Brezina, Peter
The theme of this thesis is "formalism in law" as a concept that permeates an essential part of modern legal thinking. This work shows that it is usually perceived as a critical concept, but without a clear and steady meaning. In recent times, however, the discussion involving this concept changed so that it now includes individuals positively acknowledging themselves as formalists. An overview of this debate (only marginally concerning the Czech environment yet, however) forms the bulk of the thesis. The second essential part of it is a separate rethinking of the place of formalism in law, in all its aspects - in interpretation and application of law, in the creation of law, even in legal education and legal scholarship. This thesis consists of three unequal parts, the first of which is further divided into three sections. The first part deals with the formalism as a topic of discussion in legal philosophy during the entire 20th century, and the intention is to present this debate to Czech readers. Its first section is devoted to a topic typically linked to criticism of formalism in law in Western legal scholarship, as it presents the American legal realism of the interwar period. It shows it as a strong and visible culmination of earlier critical efforts visible on both sides of the Atlantic...
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Formalism in Law
Brezina, Peter ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Škop, Martin (referee)
The theme of this thesis is "formalism in law" as a concept that permeates an essential part of modern legal thinking. This work shows that it is usually perceived as a critical concept, but without a clear and steady meaning. In recent times, however, the discussion involving this concept changed so that it now includes individuals positively acknowledging themselves as formalists. An overview of this debate (only marginally concerning the Czech environment yet, however) forms the bulk of the thesis. The second essential part of it is a separate rethinking of the place of formalism in law, in all its aspects - in interpretation and application of law, in the creation of law, even in legal education and legal scholarship. This thesis consists of three unequal parts, the first of which is further divided into three sections. The first part deals with the formalism as a topic of discussion in legal philosophy during the entire 20th century, and the intention is to present this debate to Czech readers. Its first section is devoted to a topic typically linked to criticism of formalism in law in Western legal scholarship, as it presents the American legal realism of the interwar period. It shows it as a strong and visible culmination of earlier critical efforts visible on both sides of the Atlantic...
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Fictionalism in law and morality
Janeček, Václav ; Jirsa, Jakub (advisor) ; Hill, James (referee)
This bachelor thesis deals with the theory of fictionalism concerning particularly morality and law. In the first section author makes explicit the difference between cognitivism and noncognitivism. Then he shows in the domain of morality what could be the deficiencies of these two theories. He argues that this possible weakness is caused by insufficient analyses of morality. The nature of morality is in fact ambiguous and this feature, given that our meta- ethic theory is to be serious, leads us to fictionalism. Fictionalism as a distinctive philosophical theory has its precedents. The most notable ones come from morality. The whole fourth chapter focuses on moral fictionalism which is to be understood as so called noncognitive factualism. Author tells us what the cons of this theory are. Within the last section we will see the analogy between morality and law which can be interpreted as fictionalism in law.
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The Concept of Autonomy : (conditions of modern subjectivity and historicity of the concept of law)
Janoščík, Václav ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
of the diploma thesis Janoščík Václav The Concept of Autonomy (Conditions of modern subjectivity, of the concept of law and of historicity) Submitted thesis aims at articulation of the concept of autonomy in its complexity. At first it pursues specific contexts of the notion to arrive at its structure. At first we try to explore prospective of analytical philosophy of law to situate the concept of autonomy to the heart of the idea of law. This efforts unfolds itself by an unorthodox interpretation of natural right theory of Herbert Hart's early work. Second chapter discusses the framework of the philosophy of history, that are based on the idea of an autonomous subject. Seemingly paradoxical linkage of Heidegger's fundamental ontology and Kosík's dialectics of the particular articulates the historical function of the autonomy. Next chapter connects Kosík with Cornelius Castoriadis in the perspective of social theories. Also in their normative core we can identify our notion of autonomy. Fourth chapter follows the theory of disenchantment of the world of Marcel Gauchet. We reformulate it as a realization of the ideal of autonomous subject in order to contextualize the concept historically. Last topic of the first part is the framework of the intellectual history. Here we situate Dieter Henrich and...
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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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