Publication details
Teorie práva a státu a právní filozofie
| Title in English | A Theory of Law and State and the Philosophy of Law |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Monograph |
| Citation | |
| Description | The manuscript for "A Theory of Law and State and the Philosophy of Law" dates from 1969–1970, when Vladimír Kubeš was lecturing on the theory of law at the reopened Brno Law Faculty. However, at the beginning of Normalization the manuscript could not be published because it contradicted the official line for teaching the general theory of state and law, and because Kubeš again fell out of favour with the representatives of the Communist state power and had to leave academia again at the end of 1970. Compared to today's textbooks on the theory of law, Kubeš's manuscript is much more demanding to read, and in its conception and manner of development it falls more into the period of the First Czechoslovak Republic. It is not a simple explanation of basic theoretical legal concepts, instead Kubeš often also provides the philosophical background or concept of the particular idea in his explanations. Kubeš's aim was not only for students to learn the text by rote and then reproduce it in the exam, but also to understand the issue in its entirety and to see how it was viewed by prominent figures in legal theory, political science and legal philosophy, especially from German-speaking countries. Kubeš also highlights the contradictions and polemics between individual legal theorists and legal philosophers so that the reader can arrive at their own solution. At the same time, he himself does not just uncritically present and adopt the ideas of others, but comments on these opinions and gives his own view. As in other works by Kubeš, quotations from works by Roman jurists and excerpts from philosophical works by classical writers appear here. Although a considerable time has passed since Kubes wrote A Theory of Law and State and the Philosophy of Law, it will certainly still appeal to those interested in legal theory and legal philosophy today. |