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  • journal article
    Teisės apžvalga [elektroninis išteklius] = Law review. Kaunas : Vytauto Didžiojo universitetas, 2020, nr.1 (21), p. 4-6
      27  93
  • research article
    Baltic journal of European studies. Berlin : De Gruyter, 2020, vol. 10, iss. 1, p. 173-194
    The article focuses on a metatheory of legal interpretation as provided or implied in Antonin Scalia’s famous essay A Matter of Interpretation. It is not so much textualism itself what is being analysed here as its theoretical and philosophical foundations. Following this route, the article reveals a complex ideological framework of intersections between domains of democracy, common law, stare decisis, jusnaturalism and juspositivism. By moving judicial legislative power to the forefront, the analysis opens up the existence of two rather different, if not opposite, legislative strategies in the contemporary government: a regular one, exercised by its political institutions (parliament being the main one), and a specifi c one, exercised by the judiciary. The article proceeds with a critical analysis of two justifi cations of the latter—one more formal and another more substantial. Finally, the article develops a basic practical hierarchical structure of principles or rules that should settle down legislative powers by neutralising the apparent fundamental contradiction in Scalia’s essay (i.e., being pro-democrat and pro-liberal at the same time).
      15  37
  • research article
    Науковий вісник Дніпропетровського державного університету внутрішніх справ: науковий журнал. Дніпро : ДДУВС, 2018, no. 3(94), p. 78-81
    This short analysis ainis at giving certain insights on the correlation among the concepts and together phenomena of 'hurnan rights', 'refugee', 'state' of exception/emergency' and also 'modem state' and, finally, 'law' in genera!. Despite that Hannah Arendt locates a refugee totally outside the scope of law, her certain insights on, on the one hand, totally organized/civilized humanity and, on the other hand, its failure to institute universal/eternal law (as civil/human rights) independent of the modern state's sov-ereignty, point to the failure of the modernity (as certain project) as tightly tied to the ideology of legal positivism. In paradox, this failure itself makes a refugee (as a rightless human) possible. The finalising leitmotiv of the analysis lies in the thesis that govemments should avoid overuse of exceptions to the modern constitutional regulation (especially as having rather unified/universal human rights component) if they want to temper this Arendt-type anxiety. Keytvords:
  • book part
    The law of the Baltic States / T. Kerikmäe et al. (eds.). Cham : Springer, 2017, p. 367-376
    This section of the book is devoted to the presentation of a basic temporal (diachronic) and systematic (synchronic) overview of the legal system of Lithuania. Two dimensions are covered from the diachronic perspective. The first one is a retrospective or historical overview of the historical development of Lithuanian law from the medieval period, covering the monumental Statutes of the Grand Duchy of Lithuania, to the major law-related events of contemporary Lithuania. The second diachronic perspective is a prospective overview in which the perspectives of the future development of Lithuanian law in the major legal fields (such as constitutional, labor, civil, procedural, and so forth) are presented and analyzed. The synchronic overview of Lithuanian law also proceeds in two dimensions. The first one is devoted to the presentation of the system of law “from inside” by surveying the basic aspects of the system of Lithuanian courts and some other institutions/officials (prosecutors, attorneys, notaries, and bailiffs) that play important roles in the implementation of justice. The second one focuses more on the influences to the system “from outside,” although with a hybrid angle. First, the Lithuanian legal system is positioned in the larger domains of international law and the law of the European Union. Subsequently, specific attention is paid to the insurance of state security through/by the system of law, where not only the dangers of an internal (focus to the system of internal affairs and police) but also those of an external (focus to the system of national defense) nature are covered.
  • book
    Kerikmäe, Tanel
    Joamets, Kristi
    Pleps, Jānis
    Rodiņa, Anita
    Cham : Springer, 2017
    This is the first book to present the law of the Baltic States in one comprehensive and coherent volume in English. The Baltic States region, which was incorporated by the Soviet Union for 50 years and now is the only such territory in the EU, continues to be characterized by a number of unique traits, problems and developmental trends. This book addresses these facets of law – the status quo, problems and trends – by adopting a comparative perspective structure for all three Baltic States (divided into three main parts – Estonia, Latvia and Lithuania). Each of these parts examines similar core aspects: General Frameworks, Public Law, and Private Law. Taking into account the peculiarities of each country, the individual chapters provide analyses of principles, problems and developments in specific legal branches. The authors of the book are recognized academics and professionals in the field of law. Taken together, their contributions offer a valuable tool and resource for anyone interested in the law of the Baltic States: students, legal practitioners, scholars, administrators, etc.
      112Scopus© Citations 2
  • research article
    Konstitucionalizmo idėja, bendroji Europos teisė ir Lietuvos konstitucinė tradicija : recenzuotų mokslinių straipsnių rinkinys. Vilnius : Vilniaus universiteto leidykla, 2016, p. 9-37
  • research article
    International journal of law, language & discourse. Brisbane : English Language Education Publishing, 2016, Vol. 6, special iss. 1, p. 29-36
    The paper aims at presenting with the short analytical expose of a phenomenon of a reprimand as a matter of the legal process and, more specifically, the specific - linguistic -way of punishing. The main underlying issue raised in the analysis is the question could we still 'do sanctions with words' in law and, especially, the penal one after the critique of the inherence of psychological violence, paternalism and even primitivism in this approach to the process of punishing? Skipping the vast historical background, the research proceeds with more theoretical and relevant today analysis of the linguistic-performativity-rich and persisting 'reprimandish' nature of law. The juxtaposition of this nature with the contemporary tendencies of the insisted reforms in the fields of the crime control and the system of punishments allow presenting with the perspective/future of a reprimand as the part of a broader linguistic and educational process/project of changing a criminal and whole society. The research concludes with the underlying idea that the transformation of the system of law and, especially, the field of punishments from affecting primarily the body to affecting primarily the mind requires reconsideration and, in such instances as that of a reprimand, rehabilitation of the overall linguistic performativity of law and its socio-holistic educational role.
  • Monografijoje pristatomas VDU Teisės fakulteto mokslininkų 2012–2014 metais vykdytas projektas „Teisininkų etikos reglamentavimo bei etinio ugdymo tobulinimo koncepcija“, kuriame pirmą kartą Lietuvoje nuosekliai, išsamiai ir lyginamojoje perspektyvoje buvo tiriama teisininkų etikos, garbės teismų praktikos ir etinio ugdymo reglamentavimo problematika. Monografijoje pateikiami susisteminti ir apibendrinti tyrimo rezultatai. VDU Teisės fakulteto autorių kolektyvo leidinys skirtas teisininkų bendruomenei, studentams, teisininkų savivaldos organizacijoms, įstatymų leidžiamosios ir vykdomosios valdžios atstovams bei plačiajai visuomenei
      1331  2366
  • Publication
    Teisininkų etikos vertybių realumo ir modeliavimo problemos
    [Issues of the reality of the values and the modeling of legal ethics]
    research article ;
    Problemos : mokslo darbai. Vilnius : Vilniaus universiteto leidykla, 2014, T. 85, p. 79-90
    In the context of the widespread moral nihilism, and the issues and critique of classical moral realism, the possibility for the values of legal ethics to acquire more or less discernible real contours and to take the shape of the acceptable model appears to be uncertain. On the other hand, in academic and, especially, professional legal community the significance and the need for the lawyer to follow ethical standards becomes more and more important. The paper, after analytically and critically lingering on this status quo, provides an alternative perspective of the real existence of the values of legal ethics thereby also indicating the guidelines for its modeling. The perspective is based on the subjective (or mentalist) ontology and the foundational principles of the moral mind: altruism and justice as proportional equality.
  • research article
    Baltic journal of law & politics [elektroninis išteklius]. Kaunas ; Berlin : Vytautas Magnus university ; Walter De Gruyter, 2014, Vol. 7, iss. 2, p. 119-151
    The article explores the possibility of comprehending natural law, together with an alternative to the Schmittean political, through an inquiry into the layers of professional philosophy with a special focus on epistemology and analytic philosophy. The starting point of the research is the controversy surrounding the ideas of Carl Schmitt, in which it is unclear what lies at the origin of law and the political - sovereign decision or the situation (Part I)? The latter possibility directs the inquiry to the conceptual field related to natural law and epistemology. Proceeding via both diachronic and synchronic perspectives, the inquiry further analyses what has happened to natural law in modernity, and what its current status is, theorizing both streams of inquiry under the concept of political exile (Part II). The Schmittean political happens to be very much at home in this context, opening up the coherent ideological framework that may be called modern political ontology, which at first appears to camouflage Schmittean antagonistic political praxis (Part III). However, through inquiry into ideas mostly attributable to analytic philosophy (or philosophy of language), this ontology is also shown to function as an ‘anti-onto’-logy - that is, as a direct (i.e. open, not hidden) ideological basis for modern political praxis. The analysis here also discloses the rivalry inside professional philosophy in relation to ‘anti-onto’-logy, the latter finding its disciplinary origin(s) in language itself. It shows that at the level of professional philosophy there is a general trend that could be helpful in the attempt to revive natural law (Part IV).
      22  79Scopus© Citations 2