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Anti-establishment Parties: Threat to Democracy or Chance to its New Equilibrium?
Červinka, Lukáš Lev ; Wintr, Jan (advisor) ; Přibáň, Jiří (referee) ; Pin, Andrea (referee)
(English) Anti-Establishment Parties: Threat to Democracy or Chance for Its New Equilibrium? The thesis focuses on the anti-establishment parties from the perspective of constitutional theory, also considering the sociological theoretical approaches of Niklas Luhmann, Charles Taylor, and Benedict Anderson. The primary purpose of the work is to explore how the establishment, as an empirical contextualisation of democracy and structural coupling between the state and the people, might be conceptualised and what role the political parties play in it. First, the thesis proposes a theoretical conceptualisation of establishment as a structural coupling between the constitutional identity of state and the popular identity of the political people. Both the state and the political people are understood as autopoietic organisational systems defined by their constitutional / popular imaginaries, which are articulated by their organisational structures. The work adapts the integrative theory of Rudolf Smend in the understanding of the organisational structure as a system of personal, procedural, and value elements. The role of the parliamentary parties is analysed through the examination of their legislative activity in parliament, using the holistic grading method to determine the anti-establishment rate of...
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Guilt and responsibility in the context of criminal law : Discursive practices and strategies
Vávra, Martin ; Hájek, Martin (advisor) ; Přibáň, Jiří (referee) ; Válková, Helena (referee)
The thesis deals with the ways political and expert (especially legal and criminological) discourses formulate and reproduce the meanings, assumptions and definitions constructing the man as a subject of criminal law, a subject responsible for his actions. It focuses on the ways the political domain (in particular, the lower and upper chambers of the Czech Parliament) and the scientific domain (in particular, legal science, criminology and psychiatry) form and formulate the opinions of "criminal law" and the ways these opinions are reflected in meanings embodied in criminal law itself. Methodologically, the thesis builds on critical discourse analysis. Put in plain language, what makes discourse significant is the oppression it brings upon us by defining what can be said about the world and how one can meaningfully act in it. Thus, it is not (only) a reflection of another, more real reality and it cannot be fully reduced to some other social phenomena. Therefore, by investigating discourse, one can identify the assumptions social actors build on and the argumentative frameworks they apply in discourse. The theory section formulates premises for the subsequent analysis of specific topics related to the formulation of "criminal" guilt and responsibility. After a short review of sociological approaches...
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Cultural and Historical Roots and Relations of Stereotypes and Prejudices
Kosek, Jan ; Mucha, Ivan (advisor) ; Uherek, Zdeněk (referee) ; Přibáň, Jiří (referee)
Doctoral thesis "Cultural and Historical Roots and Relations of Prejudices and Stereotypes", segmented into the introduction, eleven chapters and a conclusion, focuses above all on the genesis of certain prejudices within the frame of western culture and civilization. Principal attention is devoted to the Roman and Christian anti-Judaism, as being transformed into the modern anti-Semitism during the times of Enlightenment and post-Enlightenment. In 19th century, when the movement of national particularism and sectionalism prevailed over universalism, Zionism came into existence. National prejudices and stereotypes became a fundamental part of collective consciousness and of collective views and conceptions of Europeans and thus became one of the major causes of both World Wars and the holocaust. The idea of "Volksgeist", through which J. G. Herder tried to prove unique cultural spirit possessed by each nation, acquired totally unexpected, accidental and unintentional unraveling. Alerting historical development still does not suggest that we may survive without any stereotypes and prejudices that are nothing else but firmly fixed and rigid attitudes. Every standpoint as a part of psychic personality structure still possesses important value function. By means of our standpoints we express ourselves and the...
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Between Biology and Law, notes to the anthropology of institution
Skripnik, Ondřej ; Sokol, Jan (advisor) ; Špinka, Marek (referee) ; Přibáň, Jiří (referee)
Between Biology and Law, notes to the anthropology of institution The aim of this text is to describe and to understand, how the biology, exactly human ethology works with the term human nature. The question is, if the theory of law could profit from the cooperation with human ethologic thinking, if the human ethology could be used as the background of nature law theories. Answering the question can be essential for the discussions about human rights. The first part describes the paradigms of classical and Neo-Darwinism ethology to compare these with the traditional concept of human nature in philosophy. Using anthropology of law (Hoebel, Pospíšil, Wesel) the explication accents the system of reciprocal obligation as a base of law. This point allows bringing some critical notes to the relevance of ethologic research for the theory of law. In the second part there are discussed four fields of human ethology research - territorial, competitive and anti-competitive, family behaviour, which are relevant for the property law, criminal law and family law. The reader can evaluate by himself the differences between the human ethology and social science perspectives.
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