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EN
The author investigates the following questions: 1. What are the differences between the legal culture of non-Western societies and that of the West? As a result of modernization, the most modern of legal systems in non-Western societies today have a very great deal in common with those of the West. However, at the same time, unofficial law in varied forms has also survived as a part of the social norms. From time to time it may be approved by the courts or administration, and taken as a part of official norms. Therefore, it has recently been emphasized that many indigenous elements of social norms, based on the traditional consciousness of the people or of custom, are keys to the understanding of legal systems in these societies as a whole. 2. Since neither empirical research into the sociology of law nor legal anthropology on socio-cultural realities in non-Western societies have yet deliberately investigated the issue, it is not currently possible to draw a general conclusion as to either the role of indigenous norms or their fair value. 3. However, it is worth examining some research-based opinions. Western observers such as Eugen Ehrlich or Adam Podgórecki, who consider that despite the pluralistic or contradictory nature of various indigenous legal norms in relation to a transplanted modern legal system from the West, the inclusion of these norms in non-Western societies brings with it certain harmonious functions.
EN
For the past twenty years numerous various attempts have been developed to explain the co-operation problems on the area of social sciences based on the discipline of rational decision theory and similar intentions of evolutionary biology have joined these initiatives. Despite the outstandingly rich literature on suggested solutions, the problem has not been answered yet. A number of attempts at solving the Second-order Free-riding Problem suggest to involve an extemal factor in order to explain the co-operative behaviour (e.g. altruistic punishment), others attempt to modify the original problem, inserting rigorous assumptions (evolutionary explanations). It seems that the altruistic punishment and the strong reciprocity will get outstanding roles in explaining the emerging and sustaining of norms. On the other hend this should not mean that the rational calculation approach would not play any role in the future, as the various social control mechanisms expressed by the social networks can represent such cost reduction factors which can strengthen the motives based un fairness.
EN
Cultural norms in relationships are learned from parents, peers, and many others whose values, attitudes and behaviours take place in the context of their own social culture. This paper, partially based on author´s diploma thesis ´Doubled identity of crew members on cruise ships as the instrument of cultural adaptation´ supervised by Mgr. Helena Tužinská, PhD., investigates intimate relationships of men and women of various ethnic identities with different cultural backgrounds who work on the cruise ships. Coming from all over the world, crew members of cruise ship bring different cultural values, norms and attitudes here. Nevertheless, shortly after the embarkation they are confronted by ´ship life´- the specific way of life on the cruise ships. Its acceptance is the only way of successful adaptation to the new social environment. Independently of their authentic cultural norms in relationships they acquire norms specific for ´ship life´ and enter intimate relationships with characteristics of its part- ´ship love´. This paper explores these characteristic as well as the strategies the crew members involved in these intimate relationships use to deal with the difference between their authentic and newly acquired intimate relationships´ norms. To make the mosaic of intimate relationships on cruise ship complete, she takes closer ´look´ at themes which are communicated by crew members most frequently: arranged marriages in some parts of India and transitional bride migration of some Filipino and Thai woman.
EN
The article investigates the determination of human action by cognitive normative structures grounded in culture. Descriptive and normative approaches to the definition of culture are compared. The author proposes to apply the notion of ideal element, developed in logics and semantics, to the analysis of social action. Ideal elements do not have any immediate correlates in empirical reality. They contain loose assumptions and idealizations that contribute to the development of language and theory. Among the ideal elements of the heritage of the European civilization, the author distinguishes the idea of the person or 'legal personality', which also includes the concepts of the agent and the bearer of free citizenship. The article investigates ancient roots of this idea related to the notion of persona. A tension in Roman culture is stated between the personalist paradigm of the 'soul-image-name' and its background in archaic moral and legal beliefs.
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