JOURNALS
- JOURNALS
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.