INSTITUTE OF LAW AT THE LITHUANIAN CENTRE FOR SOCIAL SCIENCES

JOURNALS

REASONING WITH LEGAL PRINCIPLES: RECONSTRUCTION AND DEVELOPMENT (85)

Author: Johanas BALTRIMAS, Mindaugas LANKAUSKAS
Topic category: Theory of Law

In his dissenting opinion in Lochner v. New York case, O. W. Holmes famously stated that general propositions do not decide concrete cases. There are many others who claim similarly. Among them F. Schauer states that such concepts as liberty, equality do not strongly determine answers in legal questions – although not totally vague, they require additional premises in order to be applied in concrete cases. This study, among other questions, focuses on what these additional premises are when it comes to application of legal principles. Besides this, a goal is raised to seek out what views on application of legal principles are dominating in jurisprudence.