Brno, Czech Republic

Theory and History of Law

Teorie a dějiny práva

Table of contents

⇑Theory and History of Law at MU

Language: Czech Studies in Czech
Subject area: humanities
University website: www.muni.cz/
Type: Doctoral programme
Duration: 4 years

⇑Definitions and quotes

History
History (from Greek ἱστορία, historia, meaning "inquiry, knowledge acquired by investigation") is the study of the past as it is described in written documents. Events occurring before written record are considered prehistory. It is an umbrella term that relates to past events as well as the memory, discovery, collection, organization, presentation, and interpretation of information about these events. Scholars who write about history are called historians.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Theory
A theory is a contemplative and rational type of abstract or generalizing thinking, or the results of such thinking. Depending on the context, the results might, for example, include generalized explanations of how nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings.
Theory
I firmly believe people have hitherto been a great deal too much taken up about doctrine and far too little about practice. The word doctrine, as used in the Bible, means teaching of duty, not theory. I preached a sermon about this. We are far too anxious to be definite and to have finished, well-polished, sharp-edged systems — forgetting that the more perfect a theory about the infinite, the surer it is to be wrong, the more impossible it is to be right.
George MacDonald, in a letter to his father, quoted in George MacDonald and His Wife (1924) by Greville MacDonald
Theory
How can we possibly test, or improve upon the truth of a theory if it is built in such a manner then any conceivable event can be described, and explained, in terms of its principles? The only way of investigating such all-embracing principles would be to compare them with a different set of equally all embracing principles- but this procedure has been excluded from the very beginning.
Paul Feyerabend, Against Method (1975) pp. 44-45
Theory
Great theories are expansive; failures mire us in dogmatism and tunnel vision.
Stephen Jay Gould, Eight Little Piggies (1993), "More Light on Leaves".
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