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.
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But democracy requires that the doctrine of separation of powers be given higher priority.
There are signs of such processes in Lithuania and other Eastern European countries, where courts, especially constitutional ones, create broadly sweeping legal rules, as, for example, decisions abolishing the death penalty see note 6: He distinguishes four main methods of iegal interpretation— linguistic, systematic, historical, teoriija logical see note 6: To generalize, a state, having a constitution with 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.
We may write books, dissertations, and articles using logic, analogy, and comparisons. Scalia, Matter Tailored Enforcement in Environmental Criminal Law.
Vaišvila, A. (Alfonsas)
Why should some cases be exempted from this tradition of practice and left for the judges to fill in in their absence? The mistake in this sequence of thinking is to go from gaps and legislative mistakes directly to legislative intervention by the judiciary, as though it is the first or even the only possible course of action.
In this case, the most precise and correct thing should be to distinguish the dynamic method of interpretation. But here the distinction between subjective and objective is nonsensical, because it is unclear what is meant by subjective intentions, since the subjective intentions of legislators are usually related to the creation and adoption of statutes and, further on, with the historical method of legal interpretation.
This could only mean one thing – in the presentation of linguistic interpretation we already have a hidden critique or even negation of the method as one of interpretation. What law – being logical and consistent, is not formal? It could be right that courts should, generally, interpret law, but the acceptance of the plurality of legal interpretation should not be a hasty process; especially in a constitutionally democratic state.
This reveals the picture of the judge as artist, in every concrete case playing a game of preferences, combinations and check-and-balances.
Some motives require separate discussion, however. These questions, if unanswered, shed serious doubts on the doctrine of the activist court as a whole. A consideration of the conformity of legal norms to social reality should not be attributed to this method.
They come, as we already have seen, from a common conceptual field, but their position in these cases is contradictory. How do we distinguish the appropriate facts, having legal significance, from the facts of our lives that a legislature specifically decided not to regulate – that are legally insignificant? The transformations involved many spheres of social life, including the law.
vaisvioa Usually, the doctrine of the active court in these texts is not only the doctrine of the interpretatively active court, but also, as a consequence, the doctrine of the legislatively active court.
The other name found in the same context is formal Nevertheless, this cannot be an excuse for conceptual inconsistency, and it is undeniable that xlfonsas names of some methods of interpretation have a firm link to concrete contents, so to change that linkage amounts, at the least, to a misleading representation of the method.
It is a general and abstract scheme, or, in other words, an ideal ; 55 and it is well known how hard it is to put that ideal into reality. Another point is that social reality is also dynamic in relation to precedent law, but a very strange situation arises here – if teeises are a complete activist, you must abandon the doctrine of the stare decisis or at least substantially modify it, so that, after modification, it should say that the stare decisis applies, unless the social reality has evolved.
The general idea 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, should not be the differentiation of what amounts to the application of some general principle of the legal system or law in the court process.
Teprija, notwithstanding all these theoretical problems alfknsas dynamic interpretation or filling in the gaps of law, these activities, if done by a judiciary, are, strictly speaking, undemocratic.
It precisely reveals the secondary alfonssas even the third-tier role of the judicial branch in legislation. There are different understandings of legal interpretation itself, as also of its methods – their names and contents.
The same with the interpretation and application of the law? This circumstance presupposes the demand to supplement the conception of the object of environmental law violation by both human health and life and sustainable development categories.
However, there is also a problem more inherent to the definition of legal interpretation. At the least – what does it say about legal interpretation? The following articles and texts could be noted: The more general and definitional the text, the better to avoid words that presuppose, at best, vague oppositions.
Vaišvila, A. (Alfonsas) [WorldCat Identities]
Oxford University Press, This aspect is discussed further in the text. For example, George P. Therefore, these are usually only instances of the application of the systematic method of legal interpretation at a more general level.
Bakaveckas, Audrius, et al. A platform for action. Fletcher, Basic Concepts However, serious questions could be raised about the phenomenon of a gap itself and about the methods used to resolve the problem. Legal entities violating the norms of environmental law set economic aim above aflonsas and environmental aims, hence legal entities also encroach on sustainable development and do not allow for a striving towards the combinability of environmental, economic and social vaisvil aims.
For example, Karen M Gebbia-Pinetti in her article states that: In fact, it is better to attach consideration of objective intentions to the Ideological interpretation, because another name for valsvila intentions of the legislator could be the aims of the legislator.
Nevertheless, although all principal authors, discussed in this article, give their due to the critique of “Soviet formalism,” not all are “obsessed by the spirit” of the critique – expressed or hidden.
Because of this and for other logical reasons, it appears that distinguishing, naming and discussing some methods of legal interpretation by Lithuanian authors are at least questionable. On the dynamic legal interpretation see also Part 4 of this article. Finally, very often the platform upon which the article builds is a book by Antonin Scalia: The stereotype is that during the transformation one understanding was changed or, speaking more exactly, another understanding became the preferred understanding.
The doctrine of the separation of powers is an ethical, but not a 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.
Now, when it has a chance to, it may turn in the least biased direction with its judicial branch. The same with analogy—in the Schermers and Waelbroeck book we find a subsection, called Systematic Interpretation, Analogy see note After the investigation of about fifty issues of Lithuanian law journals and these are roughly all the issues since Lithuania regained its independence in I identified only three articles: Sometimes other concepts such as jurisprudence see alfonsad 9: