Publication details
KUBEŠ, V. Teorie práva a státu a právní filozofie
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Editorship of scientific publication |
| MU Faculty or unit | |
| Citation | |
| Description | The manuscript of the scripts "Theory of Law and the State and Philosophy of Law" dates from 1969-1970, when Vladimír Kubeš lectured on legal theory at the reestablished Faculty of Law in Brno. However, at the beginning of normalisation, the manuscripts could not be published because they contradicted the then officially proclaimed concept of teaching the general theory of the state and law, and because Kubeš again fell into disgrace with the communist authorities and had to leave the academic sphere at the end of 1970. In comparison with today's textbooks on legal theory, Kubeš's manuscripts are much more demanding to read, and in their conception and manner of elaboration they belong more to the period of the first Czechoslovak Republic. It is not just a trivial explanation of basic theoretical legal concepts, but Kubeš often provides a philosophical background or conception of the concept in his explanations. Kubeš's aim was not only for students to memorise the text and then reproduce it in the exam, but also for them to understand the issue in its entirety and to see how it was viewed by prominent figures in legal theory, political science or legal philosophy, especially from German-speaking countries. Kubeš also points out the contradictions and controversies between individual legal theorists and legal philosophers, so that the reader can arrive at his or her own solution. At the same time, he does not simply present and adopt the ideas of others uncritically, but comments on them and gives his own view. As in other works by Kubes, quotations from the works of Roman lawyers and extracts from the philosophical works of ancient authors appear here. Although a considerable amount of time has passed since Kubes wrote The Theory of Law and State and Philosophy of Law, it will still appeal to those interested in legal theory and philosophy today. |