Czech Law in Historical Contexts


Book Description

The legal system of the present-day Czech Republic would not be understood properly without sufficient knowledge of its historical roots and evolution. This book deals with the development of Czech law from its initial origins as a form of Slavic law to its current position, reflecting the influence of the legal systems of neighbouring countries and that of Roman law. The reader can see how a legal system originally based on custom developed into written and codified law. Czech law was fully dependent upon developments within the Luxemburg, Jagiellonian and, primarily, Habsburg monarchies, although some features remained autonomous. The 20th century is particularly important in the development of the Czech state and law of today, namely due to the establishment of an independent Czechoslovakia in 1918 and its split in 1992 giving rise to the independent identities of the Czech Republic and the Slovak Republic. It was a century encompassing periods of democratic as well as totalitarian regimes; political, ideological, economic and social changes stemming from such transformations were projected into, and reflected in, the system of Czechoslovak and Czech law. It can therefore serve as a “case study” for researchers interested in the transition of democratic legal systems into totalitarian regimes, and vice versa.




Comparative Constitutional Reasoning


Book Description

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.




Lawyers in 21st-Century Societies


Book Description

The world's legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession's efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order.




A Collegial Bishop Revisited


Book Description




Law, Culture and Identity in Central and Eastern Europe


Book Description

Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.




Minorities and Law in Czechoslovakia, 1918–1992


Book Description

Ethnic minority issues played an important role in the history of Czechoslovakia, from 1918, during World War II and in the years immediately following it. Czechoslovakia became a model for solving ethnic and minority problems and legal regulations had always played a key role in the status of minorities. This book, which deals with issues concerning ethnic and language minorities in Czechoslovakia from a long-term perspective, is primarily intended for foreign readers. In recent years, ethnic minority issues are once again becoming relevant in Europe and thorough knowledge of earlier problems and solutions may facilitate further examination of the current problems.




Religion and Law in the Czech Republic


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Czech republic deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Czech republic. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.




In Quest of History


Book Description

On the centennial of the Czechs gaining their independence, award-winning Czech journalist Karel Hvížďala and Cardiff-based philosopher of law Jiří Přibán used the occasion to examine key moments in Czech history from the ninth century to the twenty-first. Covering such a broad scope allows the authors to look into the past and question how Czechs have viewed their history at different points – and what that means for the present and future. Employing the form of a dialogue, Hvížďala and Přibán raise and explore issues for the broader public that are normally reserved for university seminars, or avoided completely. “It’s an interesting book because simply by considering the ideas the authors of In Quest of History put forth, the reader loses his certainty of what is true and what is the common consensus – he becomes an individual.” – Milan Kundera, author of The Unbearable Lightness of Being, Testaments Betrayed, and The Festival of Insignificance “This contemplation by two Czech intellectuals of Czech history, ‘the national narrative,’ collective memory, and contemporary politics should be mandatory reading for understanding the deeper context of our current crisis.” – Jacques Rupnik, professor of political science at Sciences Po “Two men who are as European as they are Czech raise a question – Where are we headed? In answering, they deliver a solid classic. What an inspiring dialogue!” – Petr Pithart, Czech politician and signatory of Charter 77




Security Empire


Book Description

A compelling examination of the establishment of the secret police in Communist Poland, Czechoslovakia, and Eastern Germany ​This book examines the history of early secret police forces in Poland, Czechoslovakia, and East Germany in the aftermath of the Second World War. Molly Pucci delves into the ways their origins diverged from the original Soviet model based on differing interpretations of communism and local histories. She also illuminates the difference between veteran agents who fought in foreign wars and younger, more radical agents who combatted "enemies of communism" in the Stalinist terror in Eastern Europe.




Searching for Justice After the Holocaust


Book Description

The Nazis and their state-sponsored cohorts stole mercilessly from the Jews of Europe. In the aftermath of the Holocaust, returning survivors had to navigate a frequently unclear path to recover their property from governments and neighbors who had failed to protect them and who often had been complicit in their persecution. While the return of Nazi-looted art has garnered the most media attention, and there have been well-publicized settlements involving stolen Swiss bank deposits and unpaid insurance policies, there is a larger piece of Holocaust injustice that has not been adequately dealt with: stolen land and buildings, much of which today still remain unrestituted. This book is about the less publicized area of post-Holocaust restitution involving immovable (real) property confiscated from European Jews and others during World War II. In 2009, 47 countries convened in Prague to deal with the lingering problem of restitution of pre-war private, communal and heirless property stolen in the Holocaust. The outcome was the issuance by 47 states of the Terezin Declaration on Holocaust Era Assets and Related Issues, which aimed, among other things, to "rectify the consequences" of the wrongful property seizures. This book sets forth the legal history of Holocaust immovable property restitution in each of the Terezin Declaration signatory states. It also analyses how each of the 47 countries has fulfilled the standards of the Guidelines and Best Practices of the Terezin Declaration, issued in 2010 in conjunction with the establishment of the European Shoah Legacy Institute (ESLI) to monitor compliance. The book is based on the Holocaust (Shoah) Immovable Property Restitution Study commissioned by ESLI, written by the authors and issued in Brussels in 2017 before the European Parliament.