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Justifying constraint in the legal regulation of reproductionWalker, Samuel Edward Patrick January 2016 (has links)
This thesis seeks provide an original contribution by extending rational choice theory into a general theory of law which has not been done before. I term this theoretical framework rational constraint to distinguish it from other rational choice and contractarian theories. This is predicated on the increasing heterogeneity of contemporary populations and the claim that moral claims cannot resolve conflicts because they are not truth-apt (as I argue in chapter 1). I seek to extend rational choice theory by further developing the tradition of social contract theory as it applies to law in the contractarian tradition of Thomas Hobbes and David Gauthier. This can roughly be termed the contractarian version of social contract theory (in the introduction I distinguish this tradition from the other social contract tradition of contractualism). This tradition takes rationality to be a practical method for determining action based upon self-interest – this assumes that agents are not concerned about the wellbeing of others. Even so a broad range of restrictions are possible – this thesis seeks to take Gauthier’s theory (as the most contemporary and developed contractarian theory) further by providing a system that takes account of higher-order constraints as well. This approach is not concerned with the application of different competing sets of moral claims – rather the application of self-interested rationality to law is the focus and the original contribution of this thesis. Ultimately, I seek to provide a method for designing legal rules that can minimise conflict and cost in a heterogeneous population. The subject that I apply this framework to is reproduction which is non-economic in nature thus extending rational choice beyond it normal economic haunts. Moreover it is an area of law that concerns a part of life subject to a great deal of moral controversy thus demonstrating the superiority of the extended rational choice framework over moral systems in designing laws.
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Právní úprava ekologického zemědělství / Legal regulation of ecological agriculturePálfi, Štefan January 2014 (has links)
This master's degree thesis is focused on comparison of legal regulations of organic farming in three countries USA, Czech republic, Slovak republic. Organic agriculture strives to maintain natural resources, spreading biodiversity, protection of environment, and human health as its primary goal. Legal regulations of compared states are built on the same basic principles of organic agriculture, which has originated in the thirties of last century as a response to conventional intensive agriculture. Founder of organic agriculture is philosopher and farmer Rudolf Steiner and his movement. Among basic principles of organic agriculture, there are prohibition of the pesticides, mineral soluble fertilizers, in crop production and welfare in animal production. Variety of species in both fauna and flora causes natural and flourishing look of the environment. It is possible to produce the same amount of food in organic agriculture as in the conventional agriculture, but energetic inputs are much lower. It is permanently sustainable in the long term. There are branches of organic agriculture, which try to be independent from fossil fuels. State budgets of compared states as well as multinational organizations that merge these states support organic agriculture financially or in many other ways.
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Právní úprava ekologického zemědělství / Legal regulation of ecological agricultureMášová, Zuzana January 2011 (has links)
The aim of this paper is to focus on the legislation of the organic agriculture in The Czech Republic. This paper summarises the relevant legislation in The Czech Republic in accordance with the legislation of The European Union. The thesis is composed of nine chapters and each addresses various aspects of the organic agriculture. In order to create a complete summary of this topic, each chapter builds on the previous one. Chapter One introduces the topic of my thesis. The chapter is subdivided into three subchapters and each subchapter discusses the basic relations of the organic agriculture, the protection of the environment, the historical development of the organic agriculture in The Czech Republic and in the world and the current development based on statistics. Chapter Two looks at the international organization and its participants in the organic agriculture. The First subchapter deals with the international and interstate Organization OSN of Nutrition and Agriculture, Second concentrates on other international organizations and Third subchapter focuses on the most important participants of the organic ecology in The Czech Republic. Chapter Three contains the legislation, in the First subchapter is highlighted the European legislation, its development and the current valid legislation, the...
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Právní úprava vyvlastnění / Legal regulation of expropriationBurda, Zdeněk January 2012 (has links)
77 Abstract The aim of this work is to give readers a treatise on the legal regulation of expropriation together with its causes and starting points. Expropriation, as an inter-sectoral dynamic institute, has undergone long-term development. The current regulation was adopted relatively recently, and only practical application will show, whether the revolutionary or just cosmetic changes are necessary. Expropriation is a forced intervention to property rights on the basis of an individual administrative act, its main object are lands and then other objects. We need to realize, that the change in legislation can not address all the problems and ambiguities that may arise in the process of expropriation. Legal conditions and procedures are based on the constitutional limits, which have to be always respected. Although the meaning of this work is to create a treatise of applicable legislation of expropriation and make its evaluation, the first chapter contains a treatise on the concept of expropriation. To understand the rules alone is here with regard to the concepts defined by different authors as a narrower concept of forced expropriation of extreme and serious damage to public property rights of beneficiaries. The first chapter is closely followed by the second chapter, which governs the object of...
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Srovnání právní úpravy a postavení ratingových agentur v ČR, EU a USA / A comparison of the legal regulation and position of rating agencies in the CR, EU and the USAKejř, Kamil January 2012 (has links)
The aim of the thesisis an analysis of EU credit rating agencies legal regulation in comparison with regulation in the USA. This analysis outlines the crucial and less important aspects of regulation in EU and USA. One of Chapters of this study is also describing the reflection of EU credit rating agencies regulation to Czech law. The thesis is composed of five chapters. First of them explains basic context and position of credit rating agencies. Chapter two is focused on EU legislation. Chapter Three briefly describes the position of credit rating agencies in the Czech Republic. Chapter Four illustrates the credit rating agencies legal regulation in USA. The text is mainly focused on Two of the EU regulations and, regarding the US legislation, on the Credit Rating Agency Reform Act, part of the Dodd - Frank Act and some of the more important rules conducted by Security Exchange Commission. The comparison of both legal systems is placed in Chapter Five and completed with commentary.
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Právní regulace činnosti finančního poradce / Legal regulation of activities of financial advisorStupka, Martin January 2017 (has links)
Title: Legal regulation of activities of financial advisor The master's thesis Legal regulation of activities of financial advisor explains the term of financial advisory in the Czech Republic and other relative terms from perspective of a man who actually has experience with this field. The goals of the thesis are to define terms of financial advisory and financial advisor, and then to analyze individual fields of financial market from legal perspective. The most described field in master's thesis is the field of insurance.
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Právní úprava chovu koní / Legal regulation of horse breedingKubišová, Světlana January 2018 (has links)
Legal regulation of horse breeding Abstract This diploma thesis, entitled "Legal regulation of horse breeding", deals with valid legal regulations related to horse breeding in the Czech Republic. The diploma thesis consists of a total of eight chapters. The first chapter is devoted to the position of the animal in civil law, both in terms of historical development and current legal regulation. The second chapter focuses on requirements imposed on horse breeders by the Veterinary Act. The third chapter deals with the requirements of the Animal Welfare Act, especially in regards to equestrian sports. The fourth chapter deals with the requirements of the Breeding Act for horse breeding, including horse's evidence, selection of animals for breeding purposes and genetic resources. The fifth chapter focuses on the organizational provision of horse breeding in terms of state administrative body, while the sixth chapter deals with the organization of equestrian sport. The seventh chapter deals with civil liability in horse breding, and the last, eighth chapter, deals with liability for both criminal offenses and administrative offenses. Klíčová slova: horse animal legal regulation
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Socialinės globos ir rūpybos teisinis reguliavimas ir jo socialinis veiksmingumas / Legal Regulation of Social Care adn its' Social EfficiencyDerkintytė, Simona 08 June 2005 (has links)
The master work analyses the social efficiency of the social care’s legal regulation. The work consists of 3 parts. In the first part we analyse the consumption of social and legal care. In the second part we analyse the particularities of the social care’s legal regulation: 1) the norms of terminated ang long – term children care; 2 ) the norms of children care in foster family, household and children care institutions 3 ) the norms of child care sponsorship and 4) the care of legally incapable adults in home and social care institutions. In the third part we analyse the social efficiency of social care’s regulation.
In the master work we used such methods as document analyses, law cases analyses and interview.
The results of the reseach showed that:
1) Social work with child and his biological family is not enough during terminated care’s period. During long – term care’s period social work with child and his foster parents is not held at all. The reason of it is the deficit of social servises in community and the small number of specialists in the child protection servises.
2) The organization of of children care in foster family and household is not regulated enough. There’s no education system and methodics for foster parents.
3) The children from care homes are not prepared for the independent life, their rights to suitable life conditions, free time spending are violated because of the strict legal regulation of the children care homes activities, indeterminate... [to full text]
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Kryptoměny v právní praxi / The Cryptocurrencies in Practice of LawKundrátová, Petra January 2018 (has links)
This diploma thesis deals with the cryptocurrencies in practice of law. The aim of the thesis is to analyse the initial coin offering and the basic tax aspects of the cryptocurrencies, both with respect to the Czech law, and to provide a comparative overview of the cryptocurrency legal regulation in different states of the world. The actual text of the thesis is divided into four parts. These parts are preceded by a general introduction outlining the overall concept of the thesis, its purpose and the reasons why the topic was chosen. The fourth part is followed by a conclusion summarizing the main findings that were made. The first part of the thesis deals with an explanation of the term cryptocurrency and its comparison with the terms virtual and digital currency. It also discusses whether cryptocurrencies can be considered as money or as currencies and what each of these two categories means. The second part is focused on the initial coin offer in the Czech law. There is a brief description of its course followed by an examination of the applicable rules of both public and private law. Particular attention is paid to the rules concerning the initial public offering, payment transactions, collective investment, enterprise and anti-money laundering. The third part of the thesis dissects basic tax aspects of...
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Domácí násilí - komparace právní úpravy ČR a USA / Domestic violence - comparisson of Czech ane U. S. legal regulationLevanti, Hana Marie January 2020 (has links)
Domestic violence - comparisson of Czech ane U. S. legal regulation Abstract The aim of the thesis is to introduce legal regulation of domestic violence in Czech Republic and in the United States of America including mutual comparison. The body of this thesis is divided into three main segments. The first segment defines the issue of domestic violence through characterizing its typical signs, forms and cycle. The second segment focuses on domestic violence in the Czech Republic with concise overview of the current legislation, forms of protection against domestic violence provided by the private law (especially the legislation within the Civil Code and the Act on Special Judicial Procedures). Following is the introduction to legislation on protection from domestic violence as defined in the Criminal Law. As it is not possible to subsume the phenomenon of domestic violence under a singular substance of criminal offense, the scope of this segment includes analysis of a variety of such substances that are applicable during criminal offense investigation. The characterization of these substances is based on the system of the special part of the Czech Criminal Code. Therefore, the substances of criminal offenses against human life and health are analyzed first, followed by offenses against personal freedom and...
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