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Moral arguments in consideration of courts when applying law
Šimek, Jiří ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
This thesis deals with relationship of law and morals from the perspective of a judge applying the law. It starts by defining morals as a normative system which determines what is good and what is bad. Bad morals are punished by social sanction. The relationship of content of morals and law can be described as an intersection. There are three possible relationships of the area of law and morals regarding their respective application: (i) area which should be regulated only by moral rules; (ii) area which should be regulated only by law; and (iii) common area for both normative systems. Morals can penetrate reasoning of a judge applying the law at least in three ways: Firstly, Legislator can order the judge to drag a moral norm into his consideration. Such an order is called boni mores (dobré mravy) in Czech legal system (used in Section 3 or Section 39 of Czech Civil Code). Secondly, the school of phenomenology hermeneutics claims that any interpretation, thus interpretation of law as well, is conditioned by existence of so called pre-structures. We cannot get rid of these structures, they create necessary interpretative frame of interpreting individual. Moral feelings or moral attitudes are parts of these pre-structures. Morals can project to the decision-making of judge knowingly or unknowingly through...
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Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
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RELATIONSHIP BETWEEN LAW AND MORALITY IN LEGAL FILM
Krušinská, Jana ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
RELATIONSHIP BETWEEN LAW AND MORALITY IN LEGAL FILMS Abstract This diploma thesis entitled "The relationship between law and morality in legal films" deals with an unusual topic written by a law student. However, legal films are being used by some teachers at law faculties to make the teaching of law more attractive. Films can also help them bring the law closer to the young generation. In this diploma thesis, law, morality and their relationship, which in filmography is most often reflected in characters of film lawyers, are viewed through legal films. The author focuses not only on how the relationship between law and morality is portrayed in legal films, but especially on how it is presented in the political and historical context of our country. Therefore, the diploma thesis is subtitled "Selected Czech and Czechoslovak legal films in the shadow of the history of our country from the 50s' of the 20th century to the present." In the first chapter, the author introduces the term "legal film" and its division into individual groups. The author also explains their meaning. The second chapter briefly discusses the concept of "law" and "morality" and how their relationship can look like not limited to legal films. The third chapter is devoted to the main characters of legal films, lawyers and their morals,...
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Moral arguments in consideration of courts when applying law
Šimek, Jiří ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
This thesis deals with relationship of law and morals from the perspective of a judge applying the law. It starts by defining morals as a normative system which determines what is good and what is bad. Bad morals are punished by social sanction. The relationship of content of morals and law can be described as an intersection. There are three possible relationships of the area of law and morals regarding their respective application: (i) area which should be regulated only by moral rules; (ii) area which should be regulated only by law; and (iii) common area for both normative systems. Morals can penetrate reasoning of a judge applying the law at least in three ways: Firstly, Legislator can order the judge to drag a moral norm into his consideration. Such an order is called boni mores (dobré mravy) in Czech legal system (used in Section 3 or Section 39 of Czech Civil Code). Secondly, the school of phenomenology hermeneutics claims that any interpretation, thus interpretation of law as well, is conditioned by existence of so called pre-structures. We cannot get rid of these structures, they create necessary interpretative frame of interpreting individual. Moral feelings or moral attitudes are parts of these pre-structures. Morals can project to the decision-making of judge knowingly or unknowingly through...
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Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
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