Theory and history of state and law
Theory and History of State and Law
The field of Habilitation and Inauguration proceedings "Theory and History of State and Law" mainly includes the following segments in the area of theory and history of state and law (the science of theory and history of state and law) and in the area of education in the field of study “Law”:
- general issues in the theory of law
- the development of the institutions of private law and public law
- the historical development of the sources of law
- normativity and sources of law
- the historical development of public international law
- the natural law school, the school of legal positivism, the sociological school of law, the school of legal Marxism, the school of law and economics
- values and principles in law
- methodology of legal science
- new phenomena in law and legal thought - legal philosophy
Theory and history of state and law as a discipline consists of several parts, in particular theory of law, history of state and law and philosophy of law. The field includes a high degree of orientation - even expertise in history as well as in current issues of legal and political philosophy, the methodology of quantitative and qualitative legal and legal-philosophical research, as well as in the relations of theoretical-legal disciplines to other areas of humanistic and social-scientific knowledge. The field includes topics in legal philosophy and theory; the connections between law and moral beliefs and judgments; the nature and basis of legal authority and obligation; issues of legal interpretation, argumentation; the problem of legal injustice; and the concept of legal rights, as well as issues in the areas of the relationship of law and cognitive science, neuroethics and neurodevelopment, and their interpretation from a legal philosophical conception of justice and law.
The history of the state and law, also known today as legal history, is the study of the history of legal institutions and institutions in relation to social change. On the one hand, the history of the state, which can be known through the history of constitutional law and, to some extent, the history of administrative law, is the main subject of study, but the history of criminal law and the various parts of private law are also examined. In this sense, legal history can be regarded as a universal legal discipline that deals with the history of all branches of law, including, of course, Roman law. Insofar as legal history is concerned with the history of legal institutions, it must also focus to some extent on the history of social change, i.e. the material sources of law. At the same time, legal history must also include the history of international law, that is (especially) public international law.
Theory of law as a cross-cutting discipline examines and analyses key legal terminology, the most important legal institutes, sources of law, standard-setting, legal responsibility, interpretation of law, argumentation in law, legal ethics, and also compares different legal systems with each other. In addition to the traditional topics, it also deals with new phenomena and problems in law such as cyber disobedience, miscarriages of justice, bioethical issues, the legal personality of non-human entities, the relationship between law and art, and many other topics. Legal theory assists the positive law disciplines in defining the conceptual and substantive meaning of traditional and new concepts and legal institutes. In addition, it also suggests methods for making normative work more effective, highlights problems typical of national orders, and proposes effective solutions to these problems.
2. Staff of the department of habilitation and inauguration procedures of the person responsible for HIK:
Prof. Mgr. Miroslav Lysý, PhD.
prof. Mgr. Mgr. Andrej Démuth, PhD.
prof. JUDr. Mgr. Martina Gajdošová, PhD.
Doc. JUDr. Rudolf Kasinec, PhD.
Odkaz na VTC: link
Doc. JUDr. Mgr. Martin Turčan, PhD.