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Core principles and limits of personality protection not only in the twenty-first century

Publication at Faculty of Law |
2023

Abstract

The book comprehensively deals with the topic of personality protection and personality rights in various spheres of human life. The publication is divided into three basic parts. The first part is mainly devoted to the philosophical anchoring of the protection of personality, both in modern times and in the historical context. It deals with the natural law and positivist approach to the topic of personality protection, the anchoring of personality protection in political value rankings, i.e. conservative, liberal, socialist and other concepts of the protection of personality rights. He also works with the most important philosophers of law and their doctrine in relation to the protection of personality.

The second part is primarily practical and deals with the protection of personal rights mainly in the light of civil law. The focus of this part is the protection of good reputation, privacy, life and health, honor, favorable environment, human form, etc. Emphasis is also placed on various life situations, i.e. the publication separately deals with the protection of personality in the cyber environment, bullying, discrimination, change gender, marriage for all, non-consensual stay in a medical facility, abortion, euthanasia, etc. The publication also focuses on the means of personal protection, especially those under private law. To a limited extent, he also deals with criminal law aspects of the protection of personal rights.

The third, academic part connects the first two parts of the book and aims to evaluate the actual level of protection of personal rights in the light of theoretical findings. At the same time, it deals with the limits of the protection of personal rights and considerations of de lege ferenda.