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Functional Analysis of Values and Axioms in Constitutional LegalArgumentation
Horák, Filip ; Antoš, Marek (advisor) ; Reschová, Jana (referee) ; Sobek, Tomáš (referee)
Functional Analysis of Values and Axioms in Constitutional Legal Argumentation Abstract The present dissertation thesis deals with the use of values and axioms in constitutional legal argumentation. Its aim is to provide a theoretical and analytical framework for the study of this issue based on the functional rather than content perspective. Thus, the work focuses not on what the examined individual constitutional values, i.e., equality, freedom, justice, and dignity, mean substantively, but rather on the way in which these constructs are used in constitutional legal argumentation. This approach, in contrast to the content approach, makes it possible to look at the researched issues in a universal way, and thus leads to generalizable conclusions, independent of the specific cultural, historical, political, or ideological context of individual states or regions. Said theoretical and analytical functional framework works with three criteria (variables), namely content width, argumentative power, and applicability before courts, whereby it can classify any occurrence of any of the four analyzed constructs in constitutional legal argumentation as one of three basic or one of eleven hybrid functions. The basic functions are a) relative individual law, b) objective value, and c) source of human rights. The...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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Symmetrical Concept of the State
Gregárek, Matěj ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Sobek, Tomáš (referee)
Symmetrical Concept of the State Abstract: The doctoral thesis uses the perspective of Public Choice (political economy) on a descriptive level and the perspective of philosophical anarchism on a normative level to critically assess the concept of modern state (and its crises and legitimacy), as it is used in Staatswissenschaften and political philosophy. Common theme of both paradigms is insistence on symmetry of assumptions when analyzing the state; particularities of the state, as compared to other social institutions, do not play the role of explanans, but that of explanandum. Traditional concepts of political philosophy (sovereignty, will of the people, legitimacy) are consistently put in the context of the general social phenomena, from which they are (or should be) derived. The symmetrical approach asserts itself primarily against the fictional nature of some political concepts; in this thesis, fictional concepts are approached as assumptions of a "political model" and their unrealistic nature is not seen problematic so far as they stay within the model. However, at the same time, the question about the external (normative and practical) relevance (validity) of such a model arises. First part of the thesis argues for applicability - and in fact, indispensability - of the economic toolkit...
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Liberty and Privacy
Sobek, Tomáš
The concept of liberty in the positive and negative sense. The right of an individual to privacy. Examples of limitation of negative liberty. Invasion of privacy – voyeurism, threat.
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