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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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Material Tensions between Natural Law and Positive Law and Approaches to its Solution
Kříž, Jakub ; Holländer, Pavol (advisor) ; Kysela, Jan (referee) ; Večeřa, Miloš (referee)
1 Material Tensions between Natural Law and Positive Law and Approaches to its Solution Jakub Kříž Abstract The title of my dissertation - "Material Tensions between Natural Law and Positive Law and Approaches to its Solution" - refers to everlasting contrapositions of two different approaches to law: (i) natural law tradition which is concerned with a necessary continuity between law and the requirements of practical reasonableness and that describes law as "rational standard for conduct"1 and (ii) tradition of legal positivism, which understands law only as a social fact. Actually, in the world of jurisprudence, there is no single natural law theory on one side2 and unique legal positivism on the other side.3 It is 1 MURPHY, Mark C. Natural Law Jurisprudence. Legal Theory. 2003, No. 9, p. 244, MURPHY, Mark C. Natural Law Theory. In: GOLDING , Martin P., EDMUNSON, William A. (eds.). The Blackwell Guide to the Philosophy of Law and Legal Theory. s.l. : Blackwell Publishing, 2006, p. 15. 2 For many of them we can mention classical natural law theory of the thomistic philosophy, new natural law theory of G. Grisez and J. Finnes, legal realism of J. Hervada, "modern" natural law theories such as L. Fuller's concept of the Rule of Law and the inner morality of law or R. Dworkin's theory of the unique right...
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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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Legally Philosophical Aspects of Searching for Truth in Civil Procedure
Gazda, Viktor ; Dvořák, Bohumil (referee)
Legally Philosophical Aspects of Searching for Truth in Civil Procedure DIPLOMA THESIS Viktor Gazda Abstract The aim of this thesis is to discuss certain legally philosophical aspects of fact- findings in civil procedure. In a simplified way, this work is focused on exploring the possibility of determining the value of truthfulness of quaestio facti when applying law. The six chapters of the work include three basic themes. The first one examines the reflection of the philosophical concepts of truth in the process of determining the facts of a case, the second one clarifies the nature of the ideological aims of fact-findings in the form of principles of formal and substantive legal truth and the third topic deals with the nature of a judge's beliefs in the truthfulness of factual claims and the role of probability in the judge's belief At first I briefly present the phenomenon of truth in a wider philosophical context so that I can then proceed to outline the selected theories of truth. After explaining the basic essence of the legal procedural principles which have the greatest impact on the process of finding the facts, I pass, in another part of the thesis, to the very analysis of these principles through the prism of selected theories of truth. The reflection of the philosophical concepts of...
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Legally Philosophical Aspects of Searching for Truth in Civil Procedure
Gazda, Viktor ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee)
Legally Philosophical Aspects of Searching for Truth in Civil Procedure DIPLOMA THESIS Viktor Gazda Abstract The aim of this thesis is to discuss certain legally philosophical aspects of fact- findings in civil procedure. In a simplified way, this work is focused on exploring the possibility of determining the value of truthfulness of quaestio facti when applying law. The six chapters of the work include three basic themes. The first one examines the reflection of the philosophical concepts of truth in the process of determining the facts of a case, the second one clarifies the nature of the ideological aims of fact-findings in the form of principles of formal and substantive legal truth and the third topic deals with the nature of a judge's beliefs in the truthfulness of factual claims and the role of probability in the judge's belief At first I briefly present the phenomenon of truth in a wider philosophical context so that I can then proceed to outline the selected theories of truth. After explaining the basic essence of the legal procedural principles which have the greatest impact on the process of finding the facts, I pass, in another part of the thesis, to the very analysis of these principles through the prism of selected theories of truth. The reflection of the philosophical concepts of...
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Finding of the Archetypes of the Political System in the Law and Political Philosophy
Chválek, Jan ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee)
Jan Chválek - Rigorous Thesis Abstract (English) The main objectives of this work are summarised on a separate sheet, which I have named the Fundamental Theses. I intentionally bring forward additional issues for discussion, which, I hope, will be received positively. In fact, it is an area that I would like to focus on personally in the future. The thesis is interwoven with the effort to interconnect issues with law and philosophy that, in my opinion to our common detriment, are not put into context. These namely include technological development, art, or, in a wider sense, the cultural aspects of the society. The thesis seeks to identify the archetypal idea of a political system, purged of any value load after the fashion of how the methodology of the genuine doctrine of law purged the idea of law itself. This methodology will be presented in greater detail so that it may be shown as a certain analogy to what I would like to achieve. At the same time, however, the purpose and the final goal of my intent differ. I believe that these differences will be clarified in the following text. I am aware of the complexity of this project; nonetheless, I am also convinced that it is due to the complexity of the subject of the intent itself, which is largely universal. The thesis follows a pre-determined scheme by...
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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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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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Material Tensions between Natural Law and Positive Law and Approaches to its Solution
Kříž, Jakub ; Holländer, Pavol (advisor) ; Kysela, Jan (referee) ; Večeřa, Miloš (referee)
1 Material Tensions between Natural Law and Positive Law and Approaches to its Solution Jakub Kříž Abstract The title of my dissertation - "Material Tensions between Natural Law and Positive Law and Approaches to its Solution" - refers to everlasting contrapositions of two different approaches to law: (i) natural law tradition which is concerned with a necessary continuity between law and the requirements of practical reasonableness and that describes law as "rational standard for conduct"1 and (ii) tradition of legal positivism, which understands law only as a social fact. Actually, in the world of jurisprudence, there is no single natural law theory on one side2 and unique legal positivism on the other side.3 It is 1 MURPHY, Mark C. Natural Law Jurisprudence. Legal Theory. 2003, No. 9, p. 244, MURPHY, Mark C. Natural Law Theory. In: GOLDING , Martin P., EDMUNSON, William A. (eds.). The Blackwell Guide to the Philosophy of Law and Legal Theory. s.l. : Blackwell Publishing, 2006, p. 15. 2 For many of them we can mention classical natural law theory of the thomistic philosophy, new natural law theory of G. Grisez and J. Finnes, legal realism of J. Hervada, "modern" natural law theories such as L. Fuller's concept of the Rule of Law and the inner morality of law or R. Dworkin's theory of the unique right...
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