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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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Formalism in Law
Brezina, Peter
The theme of this thesis is "formalism in law" as a concept that permeates an essential part of modern legal thinking. This work shows that it is usually perceived as a critical concept, but without a clear and steady meaning. In recent times, however, the discussion involving this concept changed so that it now includes individuals positively acknowledging themselves as formalists. An overview of this debate (only marginally concerning the Czech environment yet, however) forms the bulk of the thesis. The second essential part of it is a separate rethinking of the place of formalism in law, in all its aspects - in interpretation and application of law, in the creation of law, even in legal education and legal scholarship. This thesis consists of three unequal parts, the first of which is further divided into three sections. The first part deals with the formalism as a topic of discussion in legal philosophy during the entire 20th century, and the intention is to present this debate to Czech readers. Its first section is devoted to a topic typically linked to criticism of formalism in law in Western legal scholarship, as it presents the American legal realism of the interwar period. It shows it as a strong and visible culmination of earlier critical efforts visible on both sides of the Atlantic...
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A History of Criminal Law in the Czech Lands in 1848-1989
Jablonický, Tomáš ; Kuklík, Jan (referee)
1 Summary Dissertation builds an objective, transparent, systematic and yet concise interpretation of the history of criminal law in the Czech lands in 1848-1989. The aim of this work is, however, not only to chronologically present the most important criminal codes, but also to tell a parallel story of criminal law science and criminology, which to a bigger or lesser degree substantially influenced the development of criminal law and criminal legislation. Therefore, this work also includes biographical and bibliographical profiles of leading Czech educators, criminal law scientists and criminologists - the founders and pioneers of Czech and Czechoslovak criminal law science, whose lives have been closely linked with the complicated socio-political events of the given historical period. History of criminal law shows a strong interconnection of criminal law and policy, which consequently causes the criminal law without proper criminal law science and criminology to be the most politically affected branch of law. For this dissertation is symptomatic the search for critical causes and factors that lead to progress or, on the contrary, to the decline of criminal law. In such moments, the criminal law science and criminology emerge again, naturally and clearly, from a scientific analysis of historical events of...
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A History of Criminal Law in the Czech Lands in 1848-1989
Jablonický, Tomáš ; Kuklík, Jan (referee)
1 Summary Dissertation builds an objective, transparent, systematic and yet concise interpretation of the history of criminal law in the Czech lands in 1848-1989. The aim of this work is, however, not only to chronologically present the most important criminal codes, but also to tell a parallel story of criminal law science and criminology, which to a bigger or lesser degree substantially influenced the development of criminal law and criminal legislation. Therefore, this work also includes biographical and bibliographical profiles of leading Czech educators, criminal law scientists and criminologists - the founders and pioneers of Czech and Czechoslovak criminal law science, whose lives have been closely linked with the complicated socio-political events of the given historical period. History of criminal law shows a strong interconnection of criminal law and policy, which consequently causes the criminal law without proper criminal law science and criminology to be the most politically affected branch of law. For this dissertation is symptomatic the search for critical causes and factors that lead to progress or, on the contrary, to the decline of criminal law. In such moments, the criminal law science and criminology emerge again, naturally and clearly, from a scientific analysis of historical events of...
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Dissintegration and Search for order. Two basic variables in Shia islam political philosophy
Růžička, Jan ; Barša, Pavel (advisor) ; Slačálek, Ondřej (referee) ; Franěk, Jakub (referee)
"Dissintegration and Search for Order" Two basic variables in Shia Islam political philosophy abstract The aim of the thesis is to classify the form of political leadership and domination in Shia islam's political ideology, their development and ability to succeed in political reality. I especially focus on the Shia understanding of political power and its connection to infallible Imam as secular and religious leader of the Shia community. For analysis of the concepts I use the description of early Islam, including the Shia reasons for the dissolution of Muslim ummah, as well as the reasons that led to the multiple division of Shiism. I analyse specific examples of ideological break up of the Shia community (Ithnasharia, Isma'ila, Hashashins, Alawi, Duryz and modern Islamic Republic of Iran) and finally cardinal reformulation of understanding of political leadership and domination by Ayatollah Khomeini. His concept Wilāyat al-faqīh (Guardianship of the jurist) started the era of radical transformation of the Shia political ideology, although he wanted only to modernize it and not to establish a brand new set up. My aspiration is therefore to analyze whether era of multiple dissolutions of political order will still continue or whether concept of Wilāyat al-faqīh can represent final step to end "period of...
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Formalism in Law
Brezina, Peter ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Škop, Martin (referee)
The theme of this thesis is "formalism in law" as a concept that permeates an essential part of modern legal thinking. This work shows that it is usually perceived as a critical concept, but without a clear and steady meaning. In recent times, however, the discussion involving this concept changed so that it now includes individuals positively acknowledging themselves as formalists. An overview of this debate (only marginally concerning the Czech environment yet, however) forms the bulk of the thesis. The second essential part of it is a separate rethinking of the place of formalism in law, in all its aspects - in interpretation and application of law, in the creation of law, even in legal education and legal scholarship. This thesis consists of three unequal parts, the first of which is further divided into three sections. The first part deals with the formalism as a topic of discussion in legal philosophy during the entire 20th century, and the intention is to present this debate to Czech readers. Its first section is devoted to a topic typically linked to criticism of formalism in law in Western legal scholarship, as it presents the American legal realism of the interwar period. It shows it as a strong and visible culmination of earlier critical efforts visible on both sides of the Atlantic...
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