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General Paradigms of Law
as Seen by Emil Svoboda
Prof. Dr. JUDr. Karel Eliáš,
Faculty of Law of the Trnava University in Trnava
Právny obzor, 101, 2018,
special issue, pp. 40-59.
Published online: 15.1.2019
Abstract. The paper is
devoted to work and life of the important Czech expert in civil law Emil Svoboda;
140th anniversary of the birth will commemorate in October 2018. Emil Svoboda
among others contributed to the foundation of the Faculty of Law of Comenius
University in Bratislava, where he worked as one of the six founding professors
in the first half of 1920s. Svoboda started his academic career before World War
I at the Czech Technical University in and the Charles University in Prague. He
refused traditional dogmatics that dominated legal science in Czech lands by a
sociological, psychological and philosophical approach. His lawyer thinking was
influenced more by Schopenhauer, Dostoevsky and Masaryk than by professors of
law (with the exception of Emanuel Tilsch). Svoboda defended the idea that “a
paramount measure of the sense and value of law is life and its need”. He
believed that law should be evaluated in particular on the basis of ethical
criteria. In the atmosphere of legal positivism of that period Svoboda was
regarded as a solitaire, but his views did not sink.
Key words: Emil
Svoboda, civil law, legal philosophy, sociology of law, Comenius University,
Charles University
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS