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New codification of just redaction of the original one? Comparison of Czech land constitutions from years 1500 and 1549
Stojan, Marek ; Šouša, Jiří (referee)
This diploma thesis focuses on the comparison of two crucial legal codes of the Bohemian common law of the first half of the 16th century, i.e. Vladislavské zřízení zemské and Zřízení zemské of 1549. The aim is to answer the question whether it is possible to perceive Zemské zřízení of 1549 in the same way as it is understood by the majority of the current historiography, meaning whether Zemské zřízení of 1549 is only the redaction of Vladislavské zřízení zemské. I want to concentrate on the thought if it is necessary to reconsider the general view on this matter. It may be established that these legal codes are relatively independent works due to their dissimilarities as they differ significantly in their origin, authors, historical context, central ideas, and structure. In general, the distribution of power is a key aspect of forming the law, which applies not only to the early modern period, and this idea is reflected in the structure and content of both these codifications. In the first chapter, I focus on the contextualisation of both codes from the point of view of the legal history and discuss the political science thinking of selected classical authors. My next goal is to describe the legal development not only in the Kingdom of Bohemia but in the Moravian Margraviate as well as, this...
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Development of Czech water law and legal relations related to water
Urban, Michael ; Blažek, Lukáš (referee)
Development of Czech water law and legal relations related to water Abstract This dissertation thesis deals with the development of the legal regulation of water law and legal relations related to water in the Czech Republic. It provides an interpretation of the issue from the beginnings of the Czech state to the present. The thesis is divided into sixteen chronological chapters focusing on individual periods of development of this issue. The individual chapters are divided into sub-chapters dealing with sub-fields of water law and legal relations related to water. The first four chapters provide a theoretical introduction and a common basis for the other chapters. The first chapter contains an analysis of the concept of water law and the systematics of water law. The second chapter provides an outline of the development of water law in antiquity as an illumination of the earliest roots of water law. The third chapter discusses the foundations and structure of Roman water law as the methodological basis of the field of water law. The fourth chapter deals with the basic features of the development of water law in the territory of states neighbouring the Czech Republic. Chapters 5-15 form the core of the thesis and deal with individual periods of development of Czech water law and legal relations related to...
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Development of Czech water law and legal relations related to water
Urban, Michael ; Kindl, Vladimír (advisor) ; Šouša, Jiří (referee) ; Vojáček, Ladislav (referee)
Development of Czech water law and legal relations related to water Abstract This dissertation thesis deals with the development of the legal regulation of water law and legal relations related to water in the Czech Republic. It provides an interpretation of the issue from the beginnings of the Czech state to the present. The thesis is divided into sixteen chronological chapters focusing on individual periods of development of this issue. The individual chapters are divided into sub-chapters dealing with sub-fields of water law and legal relations related to water. The first four chapters provide a theoretical introduction and a common basis for the other chapters. The first chapter contains an analysis of the concept of water law and the systematics of water law. The second chapter provides an outline of the development of water law in antiquity as an illumination of the earliest roots of water law. The third chapter discusses the foundations and structure of Roman water law as the methodological basis of the field of water law. The fourth chapter deals with the basic features of the development of water law in the territory of states neighbouring the Czech Republic. Chapters 5-15 form the core of the thesis and deal with individual periods of development of Czech water law and legal relations related to...
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The History of the Legal Protection of Woody Plants in Czech Territory
Šimandl, Milan ; Šouša, Jiří (referee)
The History of the Legal Protection of Woody Plants in Czech Territory Abstract The subject of this dissertation thesis is the development of the legislation on the protection of woody plants growing outside woods in the territory of the Czech Republic. The thesis provides a comprehensive description of the subject in a broader context from the beginning of the Bohemian state up to the present. The thesis is divided into six sections focused on specific topics. Each section includes chapters and subchapters. The first section explores the earliest era from antiquity to 18th century. Unlike the other sections, it is not strictly divided into specific areas, as it describes the common ground for the remaining sections. Within this period, the main goal of woody plants protection was the protection of property, i.e. protection from theft and trespassing. The second section of the thesis describes the development of the legislation on trees planted along roads and tree alleys from 18th century up to the present. Trees planted along roads are essential not only in terms of landscape formation but also in terms of the protection of roads and road traffic. In the past, there was a large number of regulations related to the planting and protection of trees along roads. In terms of trees planted along roads, the...
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Law of boundaries and its rituals in the era of Přemyslids
Razim, Jakub ; Starý, Marek (advisor) ; Šouša, Jiří (referee)
BORDER LAW AND ITS RITUALS IN THE PŘEMYSLID ERA ABSTRACT: In an attempt to reach a comprehensive understanding of medieval people whose entire lives were anchored in a culture of legal customs, it is only natural that law and its rituals should come into view. Rituals governed society and co-created people's ideas of what was once perceived as right and just. In the present work, we have chosen the period of the Přemyslids as our time frame and, from the wide variety of legal rituals, we have focused on circuits. As the Czech terms ochoz and objezd suggest, this was a traditional behavior that consisted of arranging a procession on foot or horseback, taking place ceremoniously before the eyes of an audience from near and far. The aim of this practice, widely used throughout Europe, was to identify and secure the boundaries within which people were allowed to exercise dominion or ownership over their formally circumscribed territory. After we have presented a succinct overview of the legal historiography that touches our topic, the source base will attract our attention. Given that from the Přemyslid age, that is, before 1306, neither codes of law nor learned treatises on law are available, there is no choice but to turn our eyes elsewhere. Sometimes brief, sometimes more eloquent details of boundary law...
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Homosexuality in the Praxis and Discourse of Penal Law, Medicine and Civic Society from the Adoption of the 1852 Penal Code to the Adoption of the 1961 Penal Code
Seidl, Jan ; Putna, Martin (advisor) ; Sokolová, Věra (referee) ; Nečasová, Denisa (referee)
This thesis deals with changes in conceptions of homosexuality and homosexual subculture as of something basically different, as they developed from the second third of the 19th century to the second half of the 20th century among Czech lawyers and physicians, as well as with changes of self-conceptualization of the Czech homosexual subculture itself, having occurred in the same time interval. It focuses mainly on attitudes and efforts of those who aimed at contributing to social emancipation of this subculture or - in times of increased persecution of homosexuality during the Nazi occupation - on the impossibility to carry on such efforts. The thesis is divided in five parts - in the first one, the legal context which provoked the emancipation efforts in times of the 1852 Penal Code being in force (i.e. until 1950) is explained; the next four parts focus on these efforts separately in four distinct periods. Thus, the second part deals with the expansion of the modern concept of homosexual identity in the Czech lands before WWI, the third part deals with sexual reform efforts by liberal lawyers and physicians as well as on emancipatory and political efforts by the homosexual community itself in the democratic First Czechoslovak Republic (1918-1938), aiming at decriminalization of homosexual acts,...
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The organization of judiciary in Austria in the second half of the 19th century
Šalak, Boris ; Kindl, Vladimír (referee)
The organization of judiciary in Austria in the second half of the 19th century The main aim of this thesis is a description of the organization of the judiciary in Austria (Cisleithania) in the second half of the 19th century and its position in the broader European context. The revolution of 1848 dramatically affected the organization of the judiciary. In 1850 in some territories of the monarchy a new system of ordinary courts was activated which replaced the old system of pre-March. The new system was fully put under state control and separated from the administration at all levels. Despite the fact that this new structure was notably changed in the next half-century, the basic principles of the organization (with certain exception of the years 1855 to 1867) have not changed much. Other milestones in the development are the years 1854/1855 (the so-called Bach reorganization of the judiciary), the years 1867/1868 (the adoption of the December Constitution and application of certain principles contained therein), the years 1873/1874 (the adoption of the new Criminal Procedure Code and the beginning of its efficiency) and finally the years 1895-1898, when the reform of civil procedure and judicial organization took place. Austrian judicial system in the form it had assumed at the beginning of the last...
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The organization of judiciary in Austria in the second half of the 19th century
Šalak, Boris ; Kindl, Vladimír (referee)
The organization of judiciary in Austria in the second half of the 19th century The main aim of this thesis is a description of the organization of the judiciary in Austria (Cisleithania) in the second half of the 19th century and its position in the broader European context. The revolution of 1848 dramatically affected the organization of the judiciary. In 1850 in some territories of the monarchy a new system of ordinary courts was activated which replaced the old system of pre-March. The new system was fully put under state control and separated from the administration at all levels. Despite the fact that this new structure was notably changed in the next half-century, the basic principles of the organization (with certain exception of the years 1855 to 1867) have not changed much. Other milestones in the development are the years 1854/1855 (the so-called Bach reorganization of the judiciary), the years 1867/1868 (the adoption of the December Constitution and application of certain principles contained therein), the years 1873/1874 (the adoption of the new Criminal Procedure Code and the beginning of its efficiency) and finally the years 1895-1898, when the reform of civil procedure and judicial organization took place. Austrian judicial system in the form it had assumed at the beginning of the last...
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Emil Svoboda between Bratislava and Prague - Flying Dutchmen and Anquish of a Prague Cage Bird?
Kober, Jan
Following the nearly forgotten story of Slovak porfessorship of Emil Svoboda, the article analyses the historical process of obtaining a professorship in Czech legal academia of the early 1920s, in the time of the university boom. Emil Svoboda was working for his professorship in Bratislava. His attempt to enforce the appointment of a professor in Prague for the promise of several years of 'pioneering work' in Slovakia failed, as did the less successful attempt to obtain at least the promise of a future Prague professorship as a counterbalance to leaving for Slovakia. Still, he elft for Slovakia, believing that the position at the law faculty would increase his chances of future success. However, the knowledge that he will lose his academic positions in Prague led him to resign quickly from the Bratislava university chair and to be satisfied with the certainty of the Prague Technical University professorship and with the associate professor position at the Faculty of Law of Charles University. In the end, he proved to be right and he would be an imaginary winner in this situation - a brief presence in Bratislava preovided him with the possibility of external lecgturing at this university for several years without losing his two teaching positions in Prague.
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Origins and development of the Parliament of England up to the end of 15th century
Vovchuk, Oleksandr ; Kuklík, Jan (advisor) ; Seltenreich, Radim (referee)
Origins and development of the Parliament of England up to the end of 15th century Abstract This thesis is dedicated to the formation of the English parliament from the enactment of the Magna Carta to the onset of Tudor dynasty reign. It consists of an introduction, conclusion and 13 chapters; chapter 5 has also subchapters. The first chapter describes the origins of parliament's formation and its connection to the Witan and Great Council. The second chapter is dedicated to the period of John's reign, which lead to the rebellion of barons and following that, the enactment of the Magna Carta. Afterwards, it examines provisions of the Magna Carta and its significance for English society and the development of parliament at the time. It also refers to the growing importance of the Magna Carta over the course of following centuries. The third chapter is concerned with the period of Henry's reign when the key importance was the revolt of barons under the leadership of Simon de Montfort. Simon de Montfort in order to secure his position of power summoned a parliament which consisted of, among others, representatives of towns and boroughs as well as knights of shires. Fourth chapter addresses development of parliament during the rule of Edward I which in this regard followed footsteps of Simon de Monfort and...
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