|
|
Organization of judiciary in Austria in the second half of the 19th century
Šalak, Boris ; Malý, Karel (advisor) ; Kindl, Vladimír (referee) ; Vojáček, Ladislav (referee)
The organization of judiciary in Austria in the second half of the 19th century The main aim of this thesis is a description of the organization of the judiciary in Austria (Cisleithania) in the second half of the 19th century and its position in the broader European context. The revolution of 1848 dramatically affected the organization of the judiciary. In 1850 in some territories of the monarchy a new system of ordinary courts was activated which replaced the old system of pre-March. The new system was fully put under state control and separated from the administration at all levels. Despite the fact that this new structure was notably changed in the next half-century, the basic principles of the organization (with certain exception of the years 1855 to 1867) have not changed much. Other milestones in the development are the years 1854/1855 (the so-called Bach reorganization of the judiciary), the years 1867/1868 (the adoption of the December Constitution and application of certain principles contained therein), the years 1873/1874 (the adoption of the new Criminal Procedure Code and the beginning of its efficiency) and finally the years 1895-1898, when the reform of civil procedure and judicial organization took place. Austrian judicial system in the form it had assumed at the beginning of the last...
|
|
|
Progres of Criminal Law in 18th Century in Our Countries
Zavadil, Tomáš ; Malý, Karel (advisor) ; Šouša, Jiří (referee)
Progres of Criminal Law in 18th Century in Our Countries Abstract This thesis attempts to show certain aspects of the progress of the criminal law in the 18th century in the Czech Crown Lands. It mainly focuses on substantive criminal law and captures its evolution by comparison of selected instruments of law contained in analyzed criminal codes, which are sorted in chronological order. The thesis is composed of an introductory, three chapters and a conclusions. The introduction briefly defines topic and basic terminology used in this thesis and also mentions existing literature. The chapter one is subdivided into three parts. The first part deals with the state of the sources of criminal law at the begining of 18th century and than mainly focuses on the codification of the municipal law and also on The Renewed Constitution. Next part of the chapter is aimed at the criminal code of Joseph I and at the criminal code of Maria Theresa, which were published in the 18th century. The last part concentrates on two more criminal codes, namely criminal code of Joseph II and also criminal code of Francis II, both being influenced by the philosophy of the age of enlightenment, while the later being published in the 19th century. The second chapter delivers a summary of selected instruments of substantive criminal law....
|
|
|
Selected aspects of the legal regulation and organization of the StB Secret Police between 1945 and 1969
Vyskočil, Zdeněk ; Šouša, Jiří (advisor) ; Soukup, Ladislav (referee)
The broad subject of this diploma thesis would be the Czechoslovak Secret Police (StB) during the years 1945-1969; and, more narrowly, certain aspects of its organization and activities in relation to the then applicable legislation. The overriding objective, which was reflected in this legislation, was the protection of the Communist political system, the regime. This regime protection goal clearly influenced the evolution and organization of the StB and the related policies on the imprisonment of those individuals that represented a threat to the State and the State System. Similar general principles and policies have basically remained in effect into the current period. The paper begins with an Introduction and Preface, which take a look at the events and nature of the society in this post-World War II period. This material is derived from an examination of historical source materials. The remainder of the paper is divided into four additional Chapters with related subsections. The Introduction and Preface focus on the nature and state of the society in the immediate post-war period, which provided the context and background used for the development of the new legislation and the newly created institutions developed for the protection of this new social order and the punishment and incarceration...
|
|
|
The Role of the Court of Appeal from 1548 to 1783
Pleskot, Jaroslav ; Kindl, Vladimír (advisor) ; Soukup, Ladislav (referee) ; Šouša, Jiří (referee)
The Role of the Court of Appeal from 1548 to 1783 The purpose of this thesis is to analyse the development of the Court of Appeal in Prague between the years 1548 and 1783. The thesis describes the role of one the most important tribunals in the Czech Lands during the Early Modern Age. The reason for my research is that this issue has not been elaborated complexly by modern historians. The aim of the thesis is to complete and revise results of former researches in this area. The thesis is composed of an introductory, ten chapters and conclusions. Some chapters are subdivided into parts. The introduction defines the topic, describes existing literature and other materials. The investigation is based both on published and archival documents. The last ones were examined in the National Archives and chosen regional archives. Chapter One examines why the Court of Appeal was established, specifies its legal framwork and describes members of the Court. The Court was established in January 1548 by Czech King Ferdinand I Habsburg (1526-1564) in order to restrict the power of royal towns in the Czech Lands after the sovereign suppressed the revolt of the Estates in 1547. The judges of the Court of Appeal were representatives of all Estates in Bohemia (high nobility, gentry, burgesses) and four erudite...
|
|
|
Homosexuality in the Praxis and Discourse of Penal Law, Medicine and Civic Society from the Adoption of the 1852 Penal Code to the Adoption of the 1961 Penal Code
Seidl, Jan ; Putna, Martin (advisor) ; Sokolová, Věra (referee) ; Nečasová, Denisa (referee)
This thesis deals with changes in conceptions of homosexuality and homosexual subculture as of something basically different, as they developed from the second third of the 19th century to the second half of the 20th century among Czech lawyers and physicians, as well as with changes of self-conceptualization of the Czech homosexual subculture itself, having occurred in the same time interval. It focuses mainly on attitudes and efforts of those who aimed at contributing to social emancipation of this subculture or - in times of increased persecution of homosexuality during the Nazi occupation - on the impossibility to carry on such efforts. The thesis is divided in five parts - in the first one, the legal context which provoked the emancipation efforts in times of the 1852 Penal Code being in force (i.e. until 1950) is explained; the next four parts focus on these efforts separately in four distinct periods. Thus, the second part deals with the expansion of the modern concept of homosexual identity in the Czech lands before WWI, the third part deals with sexual reform efforts by liberal lawyers and physicians as well as on emancipatory and political efforts by the homosexual community itself in the democratic First Czechoslovak Republic (1918-1938), aiming at decriminalization of homosexual acts,...
|
|
|
Progres of Criminal Law in 18th Century in Our Countries
Zíka, Tomáš ; Malý, Karel (advisor) ; Soukup, Ladislav (referee)
The progress of criminal law in 18th century in our country The main theme of this graduation thesis is the progress in substantive criminal law and procedural criminal law in the 18th century in our countries. Part of the work focuses on the codex published in 1803, as it was highly progressive for the period. Its inclusion in the thesis was, therefore, logical and necessary. The whole development of criminal law in Czech countries has been derived from the progress of criminal law of the Habsburg monarchy, which Bohemia was a part of. As a secondary theme the thesis elaborates the historical development of the monarchy in this period, philosophical and religious orientations and beliefs, the greatest thinkers and previous legislation drawn by policy makers in the 18th century and often accepted in the first half of the 18th century. This work also discusses the progress of the structure of capital justice in our country, which focuses mainly on personal and material equipment and the reason for the gradual reduction of capital court. In a special chapter the correction progress of crimes against divine majesty, on which the opinion has changed over the century, is discussed; namely the change from strictly punishable crime to offenses and then their return back to crime. This chapter also includes a...
|
|
|
Marriage Law - Constants and Transformations during 30 Years of the PRC
Platzerová, Barbora ; Lomová, Olga (advisor) ; Klimeš, Ondřej (referee)
The purpose of the thesis is to describe how marriage and the bonds of wedlock were regulated in the period from 1950 to 1980 in the People's Republic of China, focusing especially on the roles of the two Marriage Laws. The aim is to compare these sources of law, describe the development of marriage law in this area and identify major differences in regulation. The Introduction presents basic terminology used in the thesis, lists the principal legal institutions and describes the nature of modern Chinese law. The thesis consists of two main chapters, each dealing with one of the documents, its authorship, formation and structure. In addition to the marriage and its dissolution, the impedimenta, the matrimonial property and the children born out of wedlock are discussed in great deal. Chapter One examines the Marriage Law 1950, chapter Two the Marriage Law 1980. Conclusion summarizes the thesis purpose and produce, illustrates which institutions of Chinese family law changed and which of them were stable from 1950 till 1980. The thesis also refers which material and subject of Chinese family law I would like to elaborate in the future. The thesis includes the text of both Laws in Chinese and the list of frequently used vocabulary related to the Chinese family law.
|
|
|
The development of legal regulation of state civil servants in the Czech Lands from 18th century to 1938
Šouša, Jiří ; Malý, Karel (advisor) ; Soukup, Ladislav (referee) ; Vojáček, Ladislav (referee)
The present dissertation endeavours to outline and analyze the evolution of the legal regulation of the status of civil servants from the end of the 18th century to 1938, with an emphasis on the understanding of the advent and change of the status of the so-called statutory civil servants in the Czech Lands. It examines certain issues in the history of the Service Law and their points of departure, and defines the terms 'civil servants', 'civil service, and 'bureaucracy', and their tasks, including state and public service. It puts forward a more comprehensive view of the history of this legal theme. Legal regulation of the status of civil servants in the Czech Lands has a long- established tradition which evolves in line with the evolution of the entire legal system and adopts to changes in society, economy, and the individual normative systems, including the law. The origins of the modern form of the Service Law go back to the 18th century, to the Age of Enlightenment, the reign of Marie Theresa and in particular, the reign of Josef II. Some institutes continued to an extent in the regulation of the absolutistic feudalism and that of the estates, while others represented completely new institutes and have been preserved to this day. There was a common principle that applied until the end of the...
|
|
|
Development of water law in Czech lands before 1914
Urban, Michael ; Kindl, Vladimír (advisor) ; Soukup, Ladislav (referee)
The purpose of this thesis was to capture the development of legal regulation of the Czech water law and of water-law relationships, and to point out that miller's law, fisheries law and navigation law are naturally related to the water law. Water transport and handling were not regulated in any manner in the most ancient times. The Czech water law was built on the heritage of the Roman legal culture. From the end of the 10th century, the first mentions of water-law relationships can be found, particularly in monarch's charters. The first important legal regulations related to water included the Mining Code (Ius Regale Montanorum) by king Wenceslas II of 1300-1305 and the Code Maiestas Carolina by king Charles IV, which was not implemented in practice, though. The so called lawbooks are another significant resource for understanding legal regulations related to water. Elements of a complex legal regulation with statewide legal force started to be applied from the end of the 15th and in the course of the 16th century - a number of municipal establishments and the code of municipal law created by Pavel Kristián of Koldín. A considerable boom of legal regulations with respect to all aspects of water-law relationships was seen during the reign of Maria Theresia and Joseph II (the navigation patent,...
|
guest ::
