Zobrazit v EDS

Řešení problému dekonstrukce práva z pohledu metodologie interpretace práva

Uloženo v:
Podrobná bibliografie
Název: Řešení problému dekonstrukce práva z pohledu metodologie interpretace práva
Alternate Title: Handling the problem of deconstruction of the law in perspective of the interpretation of the law methodology
Autoři: Vláčil, Ondřej
Thesis Advisors: Wintr, Jan, Tryzna, Jan
Rok vydání: 2017
Sbírka: Czech ETDs
Témata: interpretative methods, aplikace práva, interpretační metody, deconstruction of the law, dekonstrukce práva, application of the law
Popis: Handling the problem of deconstruction of the law in perspective of the interpretation of the law methodology The target of this thesis is firstly to describe the concept of the deconstruction of the law - the phenomenon of the last and probably also future decades. Secondly, the thesis describes the influence of the deconstruction of the law on the interpretation of the law. The thesis is dived into the three main parts and the conclusion. The concept of the deconstruction of the law and its causes are described in the first part. The deconstruction of the law is a process changing quality of legal order. As a consequence of that interpretational difficulties come in specific situations (or more precisely - it is not sufficient to infer a legal rule from regulatory legislation just by standard interpretative methods). This process has its several causes. Decomposition of religion and ethics (as the two significant social regulatory systems) and perception of the law as a technical instrument guiding the society, they both caused the extension of the law. If the law is now understood as the technical instrument guiding the society, then an acceleration of social development results in the acceleration of changes in legal rules. The extension and dynamics of the law they both negatively influence...
Original Identifier: oai:invenio.nusl.cz:354498
Druh dokumentu: masterThesis
Jazyk: Czech
Dostupnost: http://www.nusl.cz/ntk/nusl-354498
Rights: info:eu-repo/semantics/restrictedAccess
Přístupové číslo: edsndl.nusl.cz.oai.invenio.nusl.cz.354498
Databáze: Networked Digital Library of Theses & Dissertations
Popis
Abstrakt:Handling the problem of deconstruction of the law in perspective of the interpretation of the law methodology The target of this thesis is firstly to describe the concept of the deconstruction of the law - the phenomenon of the last and probably also future decades. Secondly, the thesis describes the influence of the deconstruction of the law on the interpretation of the law. The thesis is dived into the three main parts and the conclusion. The concept of the deconstruction of the law and its causes are described in the first part. The deconstruction of the law is a process changing quality of legal order. As a consequence of that interpretational difficulties come in specific situations (or more precisely - it is not sufficient to infer a legal rule from regulatory legislation just by standard interpretative methods). This process has its several causes. Decomposition of religion and ethics (as the two significant social regulatory systems) and perception of the law as a technical instrument guiding the society, they both caused the extension of the law. If the law is now understood as the technical instrument guiding the society, then an acceleration of social development results in the acceleration of changes in legal rules. The extension and dynamics of the law they both negatively influence...