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"The Concept of Sovereignty of Thomas Hobbes and Samuel Pufendorf and its Role in the Constitution of Modern Concept of State".
Belling, Vojtěch ; Gerloch, Aleš (advisor) ; Reschová, Jana (referee)
It is a topos of postmodern law and political philosophy to speak about the "change" of the concept of sovereignty, and to put the current forms of state existence in opposition to the "classical" theory of sovereignty. The theoretical content of this "classical" doctrine is too easy identified with the empirical reality of the Westphalian state system and understood as an apotheosis of the autonomous, independent states and legal systems. In this thesis I have therefore tried to investigate the logical core of the doctrine of sovereignty of two important political philosophers of the 17th century, Thomas Hobbes and Samuel Pufendorf. Based on the analysis of the central works of both authors, in the light of the latest research, the work shows that their understanding of sovereignty can only be understood with the help of the analysis of the concept of fictitious (or fictitiously) created artificial (moral) person. Sovereignty is no term for an empiricial force or violence, but the name for an imaginative absolute power that is connected to the artificial sphere of fictitious legal reality which is radically separated from the empirical world. The "sovereign power of the Commonwealth" is related to the fictional character of the state, which is identical to the concept of people (populus). The...
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The Concept of Sovereignty of Thomas Hobbes and Samuel Pufendorf and its Role in the Constitution of Modern Concept of State
Belling, Vojtěch ; Reschová, Jana (referee) ; Maršálek, Pavel (referee)
It is a topos of postmodern law and political philosophy to speak about the "change" of the concept of sovereignty, and to put the current forms of state existence in opposition to the "classical" theory of sovereignty. The theoretical content of this "classical" doctrine is too easy identified with the empirical reality of the Westphalian state system and understood as an apotheosis of the autonomous, independent states and legal systems. In this thesis I have therefore tried to investigate the logical core of the doctrine of sovereignty of two important political philosophers of the 17th century, Thomas Hobbes and Samuel Pufendorf. Based on the analysis of the central works of both authors, in the light of the latest research, the work shows that their understanding of sovereignty can only be understood with the help of the analysis of the concept of fictitious (or fictitiously) created artificial (moral) person. Sovereignty is no term for an empiricial force or violence, but the name for an imaginative absolute power that is connected to the artificial sphere of fictitious legal reality which is radically separated from the empirical world. The "sovereign power of the Commonwealth" is related to the fictional character of the state, which is identical to the concept of people (populus). The...
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"The Concept of Sovereignty of Thomas Hobbes and Samuel Pufendorf and its Role in the Constitution of Modern Concept of State".
Belling, Vojtěch ; Gerloch, Aleš (advisor) ; Reschová, Jana (referee)
It is a topos of postmodern law and political philosophy to speak about the "change" of the concept of sovereignty, and to put the current forms of state existence in opposition to the "classical" theory of sovereignty. The theoretical content of this "classical" doctrine is too easy identified with the empirical reality of the Westphalian state system and understood as an apotheosis of the autonomous, independent states and legal systems. In this thesis I have therefore tried to investigate the logical core of the doctrine of sovereignty of two important political philosophers of the 17th century, Thomas Hobbes and Samuel Pufendorf. Based on the analysis of the central works of both authors, in the light of the latest research, the work shows that their understanding of sovereignty can only be understood with the help of the analysis of the concept of fictitious (or fictitiously) created artificial (moral) person. Sovereignty is no term for an empiricial force or violence, but the name for an imaginative absolute power that is connected to the artificial sphere of fictitious legal reality which is radically separated from the empirical world. The "sovereign power of the Commonwealth" is related to the fictional character of the state, which is identical to the concept of people (populus). The...
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Problems of legitimacy of the national and supranational political system in theory and practice
Belling, Vojtěch ; Kučera, Rudolf (advisor) ; Simíček, Vojtěch (referee) ; Kysela, Jan (referee)
The issue of legitimacy and sovereignty represents an increasingly important topic in scientific and political debates in the context of the ongoing multinational integration. There are essentially two basic theoretical approaches: the acceptance of the concept of legitimacy and sovereignty in the sense of derivability of all public authorities and the positive law from one abstract symbolic centre (its premise is differentiation, although not separation of state and society) or its refusal in the favour of plurality of power and "multi-level" system of political order which depends on this very pluralism. Although the proponents of pluralism try to posit the middle position between integration advocates and statist approach, their theory is in fact an extreme position, one which stands in clear contrast to traditional concepts of political theory, which counted on a particular fixed point in the standards and policies, and one which constitutes a basis for challenging the modern democratic constitutional system. In this work it is considered that the basic concepts of political theory, based on a certain constitutional order, themselves form and constitute the political and legal system. In this sense the constitution itself can be regarded as an attempt of enforceable constituting of political and social...
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