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  •   23  1
  • Publication
    Data in legal philosophy and practice: contemporary conceptual and regulatory developments
    [Duomenys teisės filosofijoje ir praktikoje: šiuolaikiniai sampratos ir reguliavimo pokyčiai]
    research article;
    Darbai ir dienos / Deeds and Days, 2023, no. 79, p. 51-66
    This article analyzes the recent evolution of the concept and regulation of data as an integral attribute of the digital age. At the conceptual level, two extreme approaches are in focus. First, the so-called dataism approach, characterized by a speculative but also often radical and shocking holism. The other approach is dominated by an equally radical, inert, and problematic skepticism. This paper proposes an alternative philosophical position towards data (as a phenomenon), analogous to sociological jurisprudence or legal realism in the philosophy of law. Various relevant aspects are analyzed at the regulatory level, ranging from attempts to define ‘data’ in legislation to possible tectonic breaks in the paradigm of copyright and sui generis rights. In this context, it is highlighted that the protection of the property rights of data holders, which has been the subject of a narrow academic debate, even though data have a growing economic value and are increasingly important for economic growth and prosperity. This paper calls for a more balanced approach to data while also balancing the interests of data holders, data users, and society. This may also require some significant changes in the regulation of copyright and sui generis rights, in which data are only subject to copyright and sui generis protection in very limited cases. (Translated with, free version).
  • journal article
    Teisės apžvalga / Law Review, 2020, no. 1(21), p. 4-6
      31  99
  • 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).
      20  38Scopus© SNIP 0.542
  • 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
    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.
      139Scopus© Citations 2
  • 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.
  • 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.