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Law in the age of uals
Eliáš, Karel
In this study, the author reflects on law and lawyering in modern times. The term ual was coined by philosopher and economist Tomas Kulka. It denotes intellectuals without intellect - a typical ual is a university graduate who knows what is currently intellectually fashionable, knows what is socially passé in scientific discourse and what is currently being debated, likes to boldly engage in discussions with references to fashionable authorities (Derrida, Foucault ...) and by choosing words such as paradigm, post- (modernism, etc.) and other incantations that they usually do not understand in depth. The result is chatter and superficiality. Law is one area where the Uali entity can present itself well. Weyr nearly a century ago and Bejcek quite recently characterized our law schools as law school puppy mills that have little in common with the ethos of universities. This is reflected among academics in faculties where conformism is growing, subject to bureaucratic evaluation of scholarship - how much one writes and where one publishes is more relevant. The result is a limited ability of practitioners to apply the law and the threat of turning lawyering into pedantry. The legislature is happy to accommodate this by proliferating statutory rules, progressively more and more detailed, and so the circle is complete. The author concludes by pointing out that society and science have found themselves in comparable situations several times, but that the voice of reason has always prevailed in the end.
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Glossators a Commentators in the Strahov Library
Novák, Marek ; Skřejpek, Michal (advisor) ; Salák, Pavel (referee) ; Falada, David (referee)
348 Glossators a Commentators in the Strahov Library Private law in the Czech Republic, but also in many countries of the world, has its origin in the law of ancient Rome, the development of which reached its peak in the form of a codification compiled at the initiative of Emperor Justinian I in the 6th century AD. However, modern civil codes do not draw their content, theoretically defined institutes, and systematics directly from the sources of Roman law, but from the results of their processing by medieval and early modern period jurists. This process is referred to as the reception of Roman law and, in addition to the discovery, or rather realization of importance, of Justinian codification, it involved its detailed study, the search for a system in the insufficiently organized compilation of the statements of classical Roman lawyers, the abstraction of theoretical concepts from casuistic norms and the transfer of ancient norms to the contemporary world. This thesis focuses on the first two stages of the process of reception of Roman law, which are referred to as schools of glossators and commentators according to the typical ways of work of lawyers, and which extend from approximately the second half of the 11th century to the end of the 15th century. It searches manuscripts, incunabula, and printed...
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