THE PHENOMENON OF FREEDOM: PROBLEMS AND PARADOXES (60)
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.
FREEDOM: UNCONVENTIONAL INTERPRETATION OF THE CONVENTIONAL APPROACH (58)
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.
THE CONTENT OF THE CONCEPT OF PUBLIC INTEREST: AN INDIVIDUALISTIC ANALYSIS (64)
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.
DISSENTING OPINIONS AS A PART OF LEGAL DISCOURSE OF LITHUANIA: PRAXIOLOGICAL INSIGHTS (85)
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.
RETRIBUTIVE JUSTICE: PROBLEMS AND PARADOXES (56)
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.
REASONING WITH LEGAL PRINCIPLES: RECONSTRUCTION AND DEVELOPMENT (85)
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.
ON THEORY AND METHOD OF LEGAL PERSONALISM PROPOSED BY A. VAIŠVILA: A CRITICAL STUDY (74)
The article provides criticism of theory and method proposed in the monograph Legal Personalism: Theory and Method (The Ideology of Returning Law to the Society) of prof. Alfonsas Vaišvila.
SOME PROBLEMATIC ASPECTS OF LEGAL REGULATION OF THE INSTITUTION OF INCAPACITATION IN LITHUANIA (77)
In recent years many European countries revised their national institutions of incapacitation in the light of the United Nations Convention on the Rights of Persons with Disabilities, which was adopted in 2006 December 13. Although in Lithuania this Convention entered into force in 2010 September 17, the real situation of incapacitated persons so far has not changed, though the State has taken some steps to improve the situation of these persons.
REASONING WITH PREVIOUS JUDGMENTS IN EUROPEAN COURT OF HUMAN RIGHTS (80)
This research paper is focused on describing mostly distinctive features of reasoning with precedents of European Court of Human Rights.
BALANCING THE RIGHT TO PRIVACY FROM THE FREEDOM OF EXPRESSION ACCORDING TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS (56)
The article deals with relationship between right to privacy and freedom of expression according to the jurisprudence of the European Court of Human Rights. Although privacy protection and freedom of expression have been partially analyzed in Lithuanian legal doctrine the comprehensive assessment taking into account the context of European Convention of Human Rights and Fundamental Freedoms is desirable.