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Rape in a comparative perspective with a focus on affirmative consent
Mrázková, Barbora ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
Rape in a comparative perspective with a focus on affirmative consent Abstract Rape is considered as one of the worst crimes that can be committed against another person, mainly because of the extreme interference in their intimate area. Changes in the perception of this crime can be seen in recent years both in the Czech Republic and throughout Europe. A large number of states abandoned definition of rape based on coercion and now focuse on the lack of consent of the victim. In the Czech Republic, the model based on the coercion still persists, although the Supreme Court's decisions is slowly approaching those states that have redefined this crime. These days, government and parliamentary bodies are holding seminars to discuss the need for new legislation. This thesis mainly focuses on the crime of rape from a criminal law perspective. It deals with the definition of this crime and the definition of consent in states that consider rape as sexual intercourse without the victim's consent. Based on the findings, it offers de lege ferenda considerations relating to the possible redefinition of rape in the Czech legal system, taking into account the current decisions of the Supreme Court. Its main aim is therefore to take a comprehensive view of the concept of affirmative consent and to provide a draft bill....
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Regimes of Rationality / Objectivity between Historical Epistemology and Pragmatism
Krejčová, Kateřina ; Švec, Ondřej (advisor) ; Ritter, Martin (referee)
(in English) The aim of the thesis is to introduce selected approaches to genealogy and changes of the concept of "objectivity". While historical epistemology puts this concept into a context of a particular historical period in which it was born and established itself, and therefore perceives "objectivity" as a novelty, pragmatism sees it as a relic of the discourse of Enlightenment and proposes to replace it with solidarity. Both approaches analyse difficulties of uncritical applications of this term in the history of philosophy and "avant la lettre" science and the assumption that objectivity is just a modification and another name of this concept which is a necessary condition of any knowledge. The thesis is based on texts of Lorraine Daston, Peter Galison, Richard Rorty, Thomas S. Kuhn and Perez Zagorin.
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The role of the Third parties in International Commercial Arbitration
Šedivý, Martin ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The role of the Third parties in International Commercial Arbitration This thesis precisely define the concept of third parties in the field of International Commercial Arbitration as well as the definition of the term itself. According to the author of this thesis, third parties are the key for the process of transformation of the contractual approach in an International Commercial Arbitration in the reaction on the economic reality. This work is based on analyses of laws, comments, literature, academic articles, arbitration awards and case law. This text was created using experiences from an international commerce and transforms actual theoretical contractual approach of the International Commercial Arbitration. Contribution of this thesis lies in completion of knowledges from decision making process and creation of a brand new theoretical concept of International Commercial Arbitration and capture the shift in view of consent to arbitrate. This theory further reflects actual state of the decision making process and the needs of an International Commerce. Using this approach entitles author's theory for the practical use as a model for decision making process of arbitrators and for judges of national courts with regard to recognition and enforcement of the arbitral awards. Thesis is divided into...
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Decision-making and processes in regulation of water use
Strnad, Zdeněk ; Vopálka, Vladimír (advisor) ; Drobník, Jaroslav (referee) ; Šimka, Karel (referee)
This PhD thesis, after a brief introductory historical exposé of water use (not only) in our territory and related sources of law focuses on decision making and processes in water use in contemporary Czech legislation. The topic is divided into three blocks, relating to integrated water management procedures, a general measure of water law and other acts pursuant to the Water Act. The introduction precedes the chapter on system of water authorities, which are crucially involved in the exercise of state administration under the Water Act. PhD thesis points to the split competence of the four central ministries (agriculture, environment, transport, defense) as a central water authorities and the other "residual" powers of municipal authorities of municipalities with extended powers as water authorities. The chapter on water management offices is also engaged in the scope of municipal and regional authorities and military domains office, as well as the recently canceled water authorities in charge of municipal authorities. The water management is the administrative proceedings on matters within the Water Act. Administrative bodies (mostly water authorities) there follow the Administrative Code, or in the case of water works and water management arrangements of the Building Act, if the Water Act, which...
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The Principles of Francisco Suarez's Political Power: Suarez's consent in the context of the theory of the social contract developing from 16th until 18th century
Koblížek, Jan ; Sousedík, Stanislav (advisor) ; Svoboda, David (referee) ; Altrichter, Michal (referee)
The Abstract The meaning of this dissertation thesis is to find out whether we can regard Francisco Suárez as a representative of the social-contracting theories developing in the period from 16th until 18th century. Suárez, who is more likely known for his metaphysical disputations, gives a really sophisticated formulation about the origin of the common society and the political power, where the key point is the word of the social consent. At the first time it seems that Suárez can be without difficulty considered as a modern period humanist like Thomas Hobbes, John Locke or lately Jean-Jacques Rousseau. As well as they, Suárez thinks that the independent human will has its unsubstitutable part in the origin of the political society. Nevertheless there is a large difference. While according to the mentioned humanists, the independent will is the only principle of the political power, Suárez thinks that this will is just the necessary condition meeting the human nature created by the God, that it is the true principle of the whole political power. Suarez's meaning of the social consent is then situated in the theological framework and is closely associated with the words of the nature and the transcendence. The result is that Suárez understands the state as a natural and moral organization and not as a...
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The informed consent, particularly the criminal aspects
Malý, Lukáš ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Univerzita Karlova v Praze Právnická Fakulta Katedra trestního práva Centrum zdravotnického práva Lukáš Malý The Informed Consent, particularly the criminal aspects Thessis Short summary This thesis deals with a current problem of informed consent of a patient to a medical treatment, with a special regard to aspects of such consent pertaining to criminal law. Current healthcare in a vast majority of modern countries is based on the principle of informed consent. Following an introductory review of the history of the physician-patient relationship, the current legislation surrounding the informed consent is analyzed. These laws are undergoing major changes as this thesis is being finished, giving me the chance to describe both past and future legal regulation. I proceed to describe in detail when the informed consent is required, in what form must it be granted and what sort of medical information is needed to be given to the patient prior to his decision. To adequately weigh the aspects of criminal responsibility in relation to informed consent, the analysis of all possible forms of legal responsibility is performed, with some comparisons to relevant criminal regulation in other countries being made.
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Nurse and obligatory reticence
NĚMCOVÁ, Klára
This Bachelor Thesis deals with the duty of professional secrecy in the occupation of nurses, becoming acquainted with it and observing it in practice. In the theoretical part, I focused on various sources that the duty of secrecy is based on, who it concerns, exceptions from it and sanctions resulting from breaching it. Based on theoretical knowledge resulting from law, a number of ethical codes and other documents forming this duty, two questionnaires were compiled. The data obtained and processed from the questionnaire survey were used to verify the validity of three hypotheses defined. The objective of the essay was to point out the difference between theory and real life and to find out information about given matter.
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