Alfonsas Vaišvila, celebrating his 70th jubilee birthday, was honoured for and most notably landmark work, “Teisės teorija,” (Theory of Law). Alfonsas Vaišvila, Mykolo Romerio universitetas;. Doc. dr. Vigintas Višinskis . Lietuvos ekologinės teisės paskirtį atspindinčių teisinių kategorijų tapatumo paieška teorijoje bei Vaišvila A. Teisės teorija – Vilnius, Kiti šaltiniai. 22 . Teisės teorija: vadovėlis by A Vaišvila(Book) 4 editions published between and in Lithuanian and held by 5 WorldCat member libraries worldwide.
|Published (Last):||2 August 2008|
|PDF File Size:||16.21 Mb|
|ePub File Size:||14.61 Mb|
|Price:||Free* [*Free Regsitration Required]|
Also naming and discussing some methods of legal interpretation alfonsae to be extrinsic because they have nothing to do with the specificity of legal interpretation. Scalia, Matter35 ; here, an attempt is made to temper its undemocratic nature by the requirement to a,fonsas analogy or general principles of law in the case of a gap in the law, but it is a failure, because, as was already mentioned, we do not know much about analogy, and there may be no general principle of law to apply or any agreement on what it is.
This “additional” puts the law, created by a judiciary, at a higher position than the law, created by a democratic legislature.
Vikisritis:Teisė – Vikipedija
Where do inexact and unclear end and exact and clear begin? Perhaps, because logic is also in our language, in our normal not the non compos mentis application of it? The Role of Supreme Audit Institutions.
For example, in the middle of the discussion about method, we find the statement that definition in the statute has its negative consequences, because the court is bound by it and may not consider changes in social relations. The ignorance of the priority is especially dangerous if transferred into the courtrooms.
What is important is what we look at when we compare or find analogies; that is, very generally, other law – constitutions, statutes, decrees, court decisions or even journal articles. Unfortunately, there was literally no written representation of the academic 4 understanding of legal interpretation in Lithuania for quite a long time.
Interpretation of law is in no way an exact science but rather a judicial art. One of the measures which is able to ensure the implementation of sustainable development aims is the institute of legal entities’ environmental legal liability and its effective application.
Although the method is often associated with the constitutional interpretations of the supreme court of the United States, it is not always the case see generally Karen M.
Alfonsas Vaišvila – Teisės teorija – 2000
To generalize, a state, having a constitution vaisvioa the very first article stating that the state is “a democratic republic”, 83 has only two possible ways – to pursue a radical or, at least, a relevant priority of the doctrine of the separation of powers. This type vvaisvila conceptual differentiation and definition 23 of legal interpretation adds hardly anything to the clarification of this phenomenon in Lithuania. Also, the inclusion of extensive and restrictive interpretations under the name creative speaks for itself.
Additionally, this kind of differentiation and definition does not provide a general ideological basis for the discussion of the concrete methods of legal interpretation, and may even be inconsistent with them.
Mykolo Romerio universitetas, The transformations involved many spheres of social life, including the law. We may write books, dissertations, and articles using logic, analogy, and comparisons. Even though, as was already stated in this article, there is still no fixed methodology of legal interpretation, there are tendencies of the evolving criteria for the differentiation of the methods of legal interpretation; these are the criteria that specify or differentiate legal interpretation itself in relation to interpretation in general, and these are the criteria of the objectives of interpretation and teeises the main criteria – sources looked at in the process of interpretation.
Another text that errs in the same way is the Vasiliauskas alfondas, where he states that: Nevertheless, as a matter of principle, the vasivila should be of the doctrine of the separation of powers, and there we may also be more or less radical. On the other hand, “while applying the historical method we try to determine not the intentions of the legislator, but rather the objective alfonsws circumstances of the creation and adoption of the statutes and the later changes” 92 [italicized by the author of this article].
News and Events
The names are mechanical 34 or, in specific cases of application, literal 35 interpretation. The general vaisvioa is that the differentiation of the method of legal interpretation, firstly, should not be the differentiation of what amounts to the application of some general method of thinking in the court process, and secondly, alfonxas not be the differentiation of what amounts to the application of some general principle of the legal system or law in the court process.
The doctrine of the separation of powers is an ethical, but not alfonsxs scientific ideology, and we should not ask if it is possible to turn that doctrine into reality, but what the principles of action of some institutions should be. The initial suggestions may be the following: For now, in the following part, the latter aspect – how undemocratic the process may be – will be discussed more broadly.
In other words, we leave everything for the sovereign decision of the alfomsas Jurisprudencija 41 33 See generally note 9: See Scott Brewer, “Exemplary Reasoning: This does not include an analysis of the jurisprudence: The situation may be at least partly rectified by further explanation of what is meant by these words, but it is missing.
Specific conceptual problems arise from misleading, logically inadequate or at least questionable naming and analysis of some concrete methods of legal interpretation.
Finally, very often the platform upon which the article builds is a book by Antonin Scalia: CaseyUS. But these are rare exceptions. The same with analogy—in the Schermers and Waelbroeck book we find a subsection, called Systematic Interpretation, Analogy see note Integrating Legal Policy Perspectives. However, while emphasizing the need of interpretative activism of the court, almost all the authors discussed here, sometimes unconsciously, 53 cross the line between the power to heises law and the power to create lawwhich, in their view, may be exercised by the courts.
First of all, as stated in Part 1, an ideology or a doctrine is questionable if it is based on quasi-oppositions proposed by the use of unexplained nonsubstantive adjectives or adverbs.
On the other hand, what is the difference between the determination of the true meaning of the legal norm and vaisfila why that true or “true” meaning is rational, sensible, well-founded? Some motives require separate discussion, however.
Teiees the limitation of the rights of ownership in areas of particular value and in forest land. Communication from the Commission to the Council and the European Parliament. These questions, if unanswered, shed serious doubts on the doctrine of the activist court as a whole. However, there is also a problem more inherent to the definition of legal interpretation. See Constitution of the Republic of Lithuania, Article 1.
Just as no judge may even choose between logic and alogic, every lawyer must be taught logic, but not the logical method of legal interpretation. First of all, the judiciary is very anxious when it does or tries to do so see generally Planned Parenthood of Southeastern PA. Xepapadeas, Anastasios, and Dimitra Vouvaki. For example, Karen M Gebbia-Pinetti in her article states that: Waelbroeck, Judicial Protection ,