During the last three decades, few essential transformations of Lithuanian society took place – from a closed (according to the terminology of H. Bergman and K. Popper) soviet society during a short period of open society functioning it evolved into a holed (according to P. Aleksandravičius) society. The Republic of Lithuania becoming the rule of law and creation of liberal democracy was a favourable context of the transformations mentioned. These transformations were ensured not only by establishment of free market economy but also by corresponding legislation and implementation of legal norms. The article analyses inter-directional methodological possibilities to reveal a legal identity of Lithuanian society. Creation of such possibilities is based on three ideas of Western civilisation: 1. The idea of compliance with the rules of common or social (now – public) behaviour. 2. The idea of legitimate powers of sovereign to create common (social or public) behaviour rules and to organize and control their implementation. It evolved into the idea of the rule of law. 3. The idea of natural rights and freedom. It evolved into the protection of human rights and freedom. Based on these ideas and analysis of peculiarities of the process of the Republic of Lithuania becoming the rule of law, there are justified five stages of Lithuanian society's legal identity development.
During the last three decades, few essential transformations of Lithuanian society took place – from a closed (according to the terminology of H. Bergman and K. Popper) soviet society during a short period of open society functioning it evolved into a holed (according to P. Aleksandravičius) society. The Republic of Lithuania becoming the rule of law and creation of liberal democracy was a favourable context of the transformations mentioned. These transformations were ensured not only by establishment of free market economy but also by corresponding legislation and implementation of legal norms. The article analyses inter-directional methodological possibilities to reveal a legal identity of Lithuanian society. Creation of such possibilities is based on three ideas of Western civilisation: 1. The idea of compliance with the rules of common or social (now – public) behaviour. 2. The idea of legitimate powers of sovereign to create common (social or public) behaviour rules and to organize and control their implementation. It evolved into the idea of the rule of law. 3. The idea of natural rights and freedom. It evolved into the protection of human rights and freedom. Based on these ideas and analysis of peculiarities of the process of the Republic of Lithuania becoming the rule of law, there are justified five stages of Lithuanian society's legal identity development.
The success of public security policy is determined not only by the competence of the relevant field officials, but also by reasonably prepared strategic plan for public security measures and its implementation. Such a plan must be prepared on a regular basis in the context of the application of public safety measures - the state of social life and trends in its development. Therefore, the article analyzes the guidelines for the study of the state of social life and trends in trends. The paradigm of social life is a set of theoretical and methodological assumptions that can be used to reveal the features of social sociality, its value status and the evolving tendencies of development. The main attention is paid to revealing the basic ideas of social life, whose interaction plays a methodological role in examining the state of social life of a particular society. They are based on three paradigms of social life - closed, open and hollow society. This methodology reveals the features of the development of the social life status of Lithuanian society. In the process of transition from the state of the sovietised closed society to a classical open society, a collage society, characterized by a distinctive cluster of closed and open society, arose. The study revealed that the emergence of a new paradigm of social life, the tendency for the formation of a hollow society, is emerging.
The success of public security policy is determined not only by the competence of the relevant field officials, but also by reasonably prepared strategic plan for public security measures and its implementation. Such a plan must be prepared on a regular basis in the context of the application of public safety measures - the state of social life and trends in its development. Therefore, the article analyzes the guidelines for the study of the state of social life and trends in trends. The paradigm of social life is a set of theoretical and methodological assumptions that can be used to reveal the features of social sociality, its value status and the evolving tendencies of development. The main attention is paid to revealing the basic ideas of social life, whose interaction plays a methodological role in examining the state of social life of a particular society. They are based on three paradigms of social life - closed, open and hollow society. This methodology reveals the features of the development of the social life status of Lithuanian society. In the process of transition from the state of the sovietised closed society to a classical open society, a collage society, characterized by a distinctive cluster of closed and open society, arose. The study revealed that the emergence of a new paradigm of social life, the tendency for the formation of a hollow society, is emerging.
During the last three decades, few essential transformations of Lithuanian society took place – from a closed (according to the terminology of H. Bergman and K. Popper) soviet society during a short period of open society functioning it evolved into a holed (according to P. Aleksandravičius) society. The Republic of Lithuania becoming the rule of law and creation of liberal democracy was a favourable context of the transformations mentioned. These transformations were ensured not only by establishment of free market economy but also by corresponding legislation and implementation of legal norms. The article analyses inter-directional methodological possibilities to reveal a legal identity of Lithuanian society. Creation of such possibilities is based on three ideas of Western civilisation: 1. The idea of compliance with the rules of common or social (now – public) behaviour. 2. The idea of legitimate powers of sovereign to create common (social or public) behaviour rules and to organize and control their implementation. It evolved into the idea of the rule of law. 3. The idea of natural rights and freedom. It evolved into the protection of human rights and freedom. Based on these ideas and analysis of peculiarities of the process of the Republic of Lithuania becoming the rule of law, there are justified five stages of Lithuanian society's legal identity development.
During the last three decades, few essential transformations of Lithuanian society took place – from a closed (according to the terminology of H. Bergman and K. Popper) soviet society during a short period of open society functioning it evolved into a holed (according to P. Aleksandravičius) society. The Republic of Lithuania becoming the rule of law and creation of liberal democracy was a favourable context of the transformations mentioned. These transformations were ensured not only by establishment of free market economy but also by corresponding legislation and implementation of legal norms. The article analyses inter-directional methodological possibilities to reveal a legal identity of Lithuanian society. Creation of such possibilities is based on three ideas of Western civilisation: 1. The idea of compliance with the rules of common or social (now – public) behaviour. 2. The idea of legitimate powers of sovereign to create common (social or public) behaviour rules and to organize and control their implementation. It evolved into the idea of the rule of law. 3. The idea of natural rights and freedom. It evolved into the protection of human rights and freedom. Based on these ideas and analysis of peculiarities of the process of the Republic of Lithuania becoming the rule of law, there are justified five stages of Lithuanian society's legal identity development.
The present article explores the inner tensions of the legal culture in consumer society as a consequence of the interaction between democracy, liberalism and market economy under globalization. The interaction between democracy and modern political thought has given rise to liberal democratic society, moral and religious pluralism, and modern law. The interplay between liberal democracy and the market ("new liberalism") has generated the idea of "instrumental reason", whose penetration into many realms of life has transformed the structure of society and democracy itself: consumer society and a dangerous tendency of social decline prevail. Under the expansion of globalization and social decline, instrumental law may not be enough to ensure the functioning of society. Consumer society does not understand modern law and thus renders it inefficient. The analysis of the nature of social structures demonstrates that in the light of the interaction between moral relativism, the decline in the instrumental powers of the nation state and the expansion of globalization, the lack of the concept of legal duties and the reluctance to assume them becomes a fundamental agent of destruction of social structures. The parameters of legal culture in consumer society, such as legal order, the scale of the prevalence of individual lawful actions, and legal consciousness, have been increasingly on the decline. ; Straipsnyje atskleidžiamos vartotojiškos visuomenės teisinės kultūros vidinės įtampos, kurias globalizacijos sąlygomis nulėmė demokratijos, liberalizmo ir rinkos sąveika. Iš pradžių atskleidžiama, kad demokratijos ir moderniojo politinio mąstymo (liberalizmo) sąveika lėmė liberalios demokratijos visuomenės moralinio ir religinio pliuralizmo bei moderniosios teisės susiformavimą. Modernioji teisė yra patogus valdymo instrumentas, kuris visuomenei nežinomas ir dėl to ši teisė nėra socialiai veiksminga. Liberalios demokratijos visuomenės ir rinkos ("naujojo liberalizmo") sąveikoje susiformavo individų "instrumentinis protas", kuriam įsiskverbus į individų mąstymą ir daugelį gyvenimo sričių buvo transformuota pati demokratija ir visuomenės struktūra: įsivyrauja vartotojiška visuomenė ir pavojinga socialumo nykimo tendencija. Globalizacijos plėtros ir socialumo nykimo sąveikoje instrumentinio pobūdžio teisės gali nepakakti visuomenės funkcionalumui užtikrinti. Vartotojiškos visuomenės narių "instrumentinis protas" pasireiškia bandymais absoliutinti ir privatizuoti žmogaus teises. Visuomenės struktūros prigimties analizė atskleidžia, kad moralinio reliatyvizmo, nacionalinės valstybės instrumentinių galių silpimo ir globalizacijos plėtimosi sąveikos sąlygomis žmogaus teisinių pareigų apibrėžties nebuvimas ir jų neatlikimas tampa giluminiu visuomenės socialumo griovimo veiksniu. 520 |a Vartotojiškoje visuomenėje moralinio reliatyvizmo ir "instrumentinio proto" įsiviešpatavimas veda prie teisėtumo ekonominių, politinių bei socialinių garantijų sunykimo. Kai visuomenėje nesiformuoja jos narius jungianti teisingumo kaip bendro gėrio jausena ir ją atitinkanti samprata, tai ji praranda pagrindą įsisąmoninti dorovines, teisines, ekonomines, politines socialinio elgesio ribas, būtinas tolesnei visuomenės pilietinei raidai. Bendrų teisėtumo garantijų silpimas neišvengiamai sukelia demokratijos silpimą. Vien specialių teisėtumo garantijų nepakanka užtikrinti visuomenės laisvę ir saugumą. Tolesnės vartotojiškos visuomenės socialinės raidos perspektyvos susijusios su individų saugumo problemos aštrėjimu. Šios problemos neįmanoma išspręsti vien objektinės teisinės kultūros raida. Vartotojiškos visuomenės nariai turės įsisąmoninti, kad tik su teisėto elgesio sklaida galima sėkmingai kurti saugios teisėtvarkos būvį, neapleidžiant žmogaus teisių ir laisvių tarpusavio įgyvendinimo, bei formuoti visuomenės teisėto elgesio nuostatas.
1) the unconditional endorsing of the instrumental approach to law; 2) the weakening of the link between society and law. The weakening of the link between society and law is particularly hazardous because individuals' voluntary obedience to the rule of law gives basis for the existence of society as such. The symbiosis between democracy and the market gave rise to consumer society whose members are foremost interested in expanding the possibilities for individual freedom and the quality of life. Their attitude to law is based on the gratification of personal interests. The impact of globalization has uncovered two contradictory trends. On the one hand, the role of the nation state in establishing and maintaining public order is weakening and a spontaneous public order is emerging. This trend suggests a deteriorating voluntary obedience to the rule of law. On the other hand, individuals have to be concerned about increasing their social security. This should actualize the idea of strengthening the relationship between separate social groups and law. This means that the further development of jurisprudence should be increasingly linked with the interpretation of the post-modern sociological approach to law, the analysis of the legal practices related to it and the data provided by this research.
1) the unconditional endorsing of the instrumental approach to law; 2) the weakening of the link between society and law. The weakening of the link between society and law is particularly hazardous because individuals' voluntary obedience to the rule of law gives basis for the existence of society as such. The symbiosis between democracy and the market gave rise to consumer society whose members are foremost interested in expanding the possibilities for individual freedom and the quality of life. Their attitude to law is based on the gratification of personal interests. The impact of globalization has uncovered two contradictory trends. On the one hand, the role of the nation state in establishing and maintaining public order is weakening and a spontaneous public order is emerging. This trend suggests a deteriorating voluntary obedience to the rule of law. On the other hand, individuals have to be concerned about increasing their social security. This should actualize the idea of strengthening the relationship between separate social groups and law. This means that the further development of jurisprudence should be increasingly linked with the interpretation of the post-modern sociological approach to law, the analysis of the legal practices related to it and the data provided by this research.
Positivist law should have a coherently dualistic nature: one oriented towards values and the other towards norms. However, in cases of the social deterioration of values, legislators can turn the law into an artificial mechanism of the production of social order, thus putting emphasis on the instrumental approach to law. The present article questions the unlimited authority of the instrumental approach to law and analyzes the social premises and consequences of its prevalence in consumer society and the limits of its development. The article aims to show the dangers the unlimited authority of the instrumental approach to law may entail for the values that law postulates in the first place.
The present article analyzes the value patterns of the current legal system in Lithuania. The legal system here is described as a broader definition than that of the system of law. The legal system is understood as a social formation of the legal environment which represents the unity of the legal consciousness, system of law and legal practice of any social group. Law is one of the most important ways in which modern civic societies function. On the one hand, society's legal system is an instrument of social politics through which decisions are exercised and their consequences are evaluated. On the other hand, social processes have a direct impact on the changes within the legal system itself. The current legal system in Lithuania does not live up to the ideals of the emerging civic society. This has been conditioned by the behavioral models which have started appearing during the transition from totalitarianism to democracy and which have not conformed to the society's expectations of social justice. An aggressive implementation of these models has brought Lithuanian society to a moral crisis. The analysis of this process has shown that to protect their interests, government elites have been consistently making use of legal nihilism and the breaches in the system of law. The power of the non-transparent agreements between political and business groups has become a significant phenomenon in shaping a negative legal environment. factors of the social disorganization in Lithuania.
Positivist law should have a coherently dualistic nature: one oriented towards values and the other towards norms. However, in cases of the social deterioration of values, legislators can turn the law into an artificial mechanism of the production of social order, thus putting emphasis on the instrumental approach to law. The present article questions the unlimited authority of the instrumental approach to law and analyzes the social premises and consequences of its prevalence in consumer society and the limits of its development. The article aims to show the dangers the unlimited authority of the instrumental approach to law may entail for the values that law postulates in the first place.
The present article analyzes the value patterns of the current legal system in Lithuania. The legal system here is described as a broader definition than that of the system of law. The legal system is understood as a social formation of the legal environment which represents the unity of the legal consciousness, system of law and legal practice of any social group. Law is one of the most important ways in which modern civic societies function. On the one hand, society's legal system is an instrument of social politics through which decisions are exercised and their consequences are evaluated. On the other hand, social processes have a direct impact on the changes within the legal system itself. The current legal system in Lithuania does not live up to the ideals of the emerging civic society. This has been conditioned by the behavioral models which have started appearing during the transition from totalitarianism to democracy and which have not conformed to the society's expectations of social justice. An aggressive implementation of these models has brought Lithuanian society to a moral crisis. The analysis of this process has shown that to protect their interests, government elites have been consistently making use of legal nihilism and the breaches in the system of law. The power of the non-transparent agreements between political and business groups has become a significant phenomenon in shaping a negative legal environment. factors of the social disorganization in Lithuania.
The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support. The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak's legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.
Abstract The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support. The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak's legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.
