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The process of application of the law with focus on legal argumentation and interpretation
Hutirová, Helena ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
This thesis deals with legal argumentation and legal interpretation as an integral part of the process of the application of law. The aim of the thesis is not only to point out the present indisputable importance of legal argumentation and legal interpretation of law, but also to explore the problems related to the application of law while using different methods of interpretation at an intrastate level and as well as within the interpretation of the European law. Nowadays, the importance of legal interpretation and legal argumentation in the process of application of law is increasing, because the law system generally suffers especially from hypertrophy of legal rules, inner incongruousness, and occurring gaps in law. In the context of the recodification of private law in the Czech Republic, it is possible to rightly expect growing importance of judicature, which will help to interpret new legal regulations. The thesis firstly focuses on the survey of general theoretical discourse of the process of the law application, legal interpretation, and subsequently also legal argumentation. Individual chapters of the thesis include judicial precedents that are related to the analysed dilemma, both on the domestic as well as European level. Considerable part of...
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The process of application of the law with focus on legal argumentation and interpretation
Hutirová, Helena ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
This thesis deals with legal argumentation and legal interpretation as an integral part of the process of the application of law. The aim of the thesis is not only to point out the present indisputable importance of legal argumentation and legal interpretation of law, but also to explore the problems related to the application of law while using different methods of interpretation at an intrastate level and as well as within the interpretation of the European law. Nowadays, the importance of legal interpretation and legal argumentation in the process of application of law is increasing, because the law system generally suffers especially from hypertrophy of legal rules, inner incongruousness, and occurring gaps in law. In the context of the recodification of private law in the Czech Republic, it is possible to rightly expect growing importance of judicature, which will help to interpret new legal regulations. The thesis firstly focuses on the survey of general theoretical discourse of the process of the law application, legal interpretation, and subsequently also legal argumentation. Individual chapters of the thesis include judicial precedents that are related to the analysed dilemma, both on the domestic as well as European level. Considerable part of...
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