|
|
To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how professional ethics scrutiny operates in a real-life situation. A judicial usage of social media serves as an example of such situation (or more precisely of such scrutiny). Arguments for and against the judicial usage of social media are articulated and based in a weighting of the arguments final decision is taken.
|
|
|
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...
|
|
| |
|
|
Obstacles to effectiveness of law
Baňouch, Hynek ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
217 SUMMARY H. BAŇOUCH: PŘEKÁŽKY EFEKTIVNOSTI PRÁVA. DISERTACE. PRF UK V PRAZE Summary The dissertation thesis Obstacles to effectiveness of law points out to the phenomena, processes and approaches which diminish social effectiveness of law. Effectiveness of law is presented in its legal theoretical as well as economical and sociological form. The author does not give priority to any model of effectiveness, but rather examines advantages and weak points of each model while concurrently keeping a considerable distance from economic ideologization of law. Effectiveness studies, however, should always pursue real effect of law and, plainly speaking, they strive to trace the difference between law in books and law in action. As follows from the analysis of abstract effectiveness, effectiveness of law should be seen as a whole, because focus on partial results can diminish the overall effectiveness. Cost effectiveness is not able to produce a satisfactory outcome because it leaves aside a whole group of goals which cannot be expressed by direct financial income. The reflections are made upon processes which take place in society in transition, i. e. a society which has been undergoing a profound change. The transformation of a European state in the XX and XXI century must be realized by means of law; however,...
|
|
| |
|
|
Quid iuris? (Descriptive Theory of Legal Interpretation and Argumentation)
Žák Krzyžanková, Katarzyna ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
The objective of the PhD-thesis is analytical and comparative description of the main theoretical and philosophical approaches to the issue of legal interpretation, focusing on practical application. Initially, attention is paid to explanation of the concept of legal interpretation itself, focusing also on the practical meaning of differentiation between each designatum of the concept of legal interpretation as well as the reflection thereof in the applicable law. Other parts of the thesis include an introduction to the general typology of the theories of legal interpretation followed by a more detailed analysis of the three basic contemporary theories (philosophies) of legal interpretation, namely analytical approach (both the so-called horse-shoe analysis and soft-shoe analysis), hermeneutic approach (attention is paid to the traditional as well as modern hermeneutics, both the phenomenological and methodological branch), and discursive approach (represented by the rhetorical-topical view of discourse as well as the procedural concept of discourse). The PhD-thesis results in the pronunciation of a syncretic opinion that the different theories of interpretation of law should be explained and taught in mutual context because this dialogic approach provides a guarantee that their conclusions and...
|
|
|
Guilt and responsibility in the context of criminal law: Discursive practices and strategies
Vávra, Martin ; Hájek, Martin (advisor) ; Válková, Helena (referee) ; Večeřa, Miloš (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...
|
|
|
Distinction between the Civil Law and Anglo-Saxon Systems of Legal Culture and a Tendency towards their Convergence
Nop, Michal ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
1 Abstract Distinction between the Civil Law and Anglo-Saxon Systems of Legal Culture and a Tendency towards their Convergence In the presented dissertation, it is assessed whether it is still relevant to consider the Anglo- Saxon and civil law types of legal culture as two specific, different socio-cultural systems. Therefore, the paper is focused on the comparison of the Anglo-Saxon and civil law types of legal cultures. In the work, it is hypothesized that in the Anglo-Saxon and civil law cultures, there is a long-term tendency to converge. The work seeks to find key factors that affect the relationship between the observed legal cultures. The fundamental method of this paper is the comparative method in its sociological form. Typically, the multilateral comparative approach is employed. The historical comparison also has its place herein. The sociological conception is connected with the consideration of dominant currents of thought in both types of legal culture. The different way of writing court decisions or different methods of interpreting legal regulations are also reflected. The dissertation examines the issue of scientific comparison and its possibilities, the essence of legal cultures, methodological approach and historical changes in the civil law and Anglo-Saxon types of legal culture. The...
|
|
|
Liberal theory and practice of competition law
Horych, Jan ; Bažantová, Ilona (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
Liberal theory and practice of competition law Abstract The presented thesis focuses on the matter of competition law from the point of view of selected schools of economic thought. The goal of the thesis is to provide a comprehensive insight into the content and nature of legal norms in the field of competition law and offer a comparison of views of specific traditions of economic theory on the selected bodies of legislation in force. The wider objective of the thesis is to explore the application possibilities of the findings of various economic theories to legal phenomena, with the thesis exploring both the anglo-american branch of economic analysis of law and heterodox approaches, that originate from the continental economic theory and jurisprudence. To this end, the thesis picks three distinct schools of economic thought, that are commonly labeled as liberal, these being the Austrian, Chicago and Freiburg school of economics, each having different methodology, theoretical and analytical conclusions and prescriptive suggestions. Bodies of legislation in force selected for the purposes of this thesis are competition law statutes of the Czech Republic, the Federal Republic of Germany and the EU. The Structure of the thesis applies the "from general to specific" method of explanation, i.e. introductory...
|
|
|
The Relation between Justice and the State and its transformation in present times
Koloušek, Martin ; Gerloch, Aleš (advisor) ; Večeřa, Miloš (referee) ; Bárány, Eduard (referee)
The Relation between Justice and the State and its transformation in present times Abstract This thesis deals with the relation between justice and the state. The concept of justice is discussed and examined since the beginnings of philosophy of law, yet its content is not conclusively defined. There is no satisfactory answer to the question what is just. The concept of the state is, despite its complicated development, more settled. Interestingly enough, the relation between both concepts were discussed almost as often and as thoroughly, as both concepts separately - especially in the context of the question of whether and what state is just. This thesis examines both of those concepts and puts them in a connection - it shows, that the relation between justice and a state is necessary. The starting points of this claim are - apart from the analysis of historical opinions on both concepts - the idea of Hans Kelsen, that absolute justice is inaccessible to human knowledge and thus we have to settle for relative justice, and the thesis of G. W. F. Hegel, according to whom that, what is real, is reasonable, and that what is reasonable is real. Based on this thesis, a new thesis is defined: that what is real, is just. This is a concept of relative justice - justice is dependent on a particular time and space,...
|
guest ::
RSS feed.