Author: Karolis Jovaišas
Topic category: Theory of Law

Freedom of opinions, believes and views analyzed in this article is a very important aspect of freedom of speech or self-expression. Fundamental principals of the implementation of such the freedom and the grouds of its restrictions are stated in the international documents on human rights and in national Constitution.

Author: Karolis Jovaišas
Topic category: Theory of Law

The Constitutional principle of human equality express their formal equality and the prohibition to discrimate equal people or, contrarily, to accord them priviledges. However, formal human equality does not disprove their actual ineguality and it even helps to occur for such. There exist no thorough research of human equality theoretical and practical problems but only fragmentary attempts in lithuanian legal literature.

Author: Mindaugas Lankauskas
Topic category: Theory of Law

The article deals with separation of church and state in the Republic of Lithuania and different foreign countries. This legal and political doctrine mainly means coordination of two principles – state secularism and freedom of religion. Respective doctrine is analyzed from the historical perspective though comparative analysis of present situation is provided as well.

Author: Johanas BALTRIMAS
Topic category: Theory of Law

In recent years Constitutional Court of the Republic of Lithuania adopted several rulings related to the doctrine of judicial precedents. On their basis legal precedents were acknowledged as binding sources of law. Howeever, since then very few papers were published in regard of this issue. Lack of scholarly research in this field may result in chaotic application and interpretation of judicial precedents which leads to conclusion that there is a demand for development of the doctrine of judicial precedents in Lithuanian legal system. 

Author: Karolis Jovaišas
Topic category: Theory of Law

The article deals with the relationship between social order and freedom, security and freedom, property and freedom; the essential conditions of freedom and its guarantees are also discussed.

Author: Karolis Jovaišas
Topic category: Theory of Law

Article’s author agrees that dominant approach according which freedom understandable as individual right to act under his will if it is not illegal or harmful to other persons is still actual. On the other hand author holds principal position that thorough and reality based analysis of the right to freedom must go beyond the borders of the mentioned approach.

Author: Adolfas MACKONIS
Topic category: Theory of Law

The article entertains a conceptual analysis of the notion of public interest. It claims that the public interest not only cannot object to the individual interest of the members of society but it also has to accord to these interest. However, the Arrow impossibility theorem shows that public interest of this kind is impossible if one wants it to be fair and rational.

Author: Eglė MAURICĖ-MACKUVIENĖ
Topic category: Theory of Law

Praxiological insights about the strength and justification of arguments, as well as about the effectiveness of argumentation are formulated in the article. Praxiology is understood as a science about purposive and conscious human action; it is based on the presumptions that humans are acting beings, they are able to take decisions according their preferences. The methodological part opens the research. Few methods that could be useful when one investigates argumentation process are described here. Content analysis enables one to identify notional elements of the discourse.

Author: Karolis Jovaišas
Topic category: Theory of Law

Comprehensive, objective and impartial analysis of justice in this article makes it possible to state, that in spite of broad sceptical attitude towards moral reliativism, justice is not just a valuable but also relative category.

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.