Suchergebnisse

The article analyses macro-occurrences of the administrative law. Implementation of macro-normative legal regulation is based on systematic evaluation of the phenomena in macro-environment and using of possibilities presented by this evaluation in legislation. Macro-norms are created by the Parliament of the Republic of Lithuania, on the basis of legislative powers that are legitimate to this subject of the law. It is considered that the Lithuanian Parliament takes use of the social legal technologies insufficiently. Voluntarism is practiced in parliamentary legislative process; marginal provisions of drafting legislation and a ruling behavioural nihilism prevents the legislators from applying the scientific legal doctrines. It is underlined in the article that macro-administrative law devotes its main attention to defining the legal models of social behaviour and social position of the people belonging to certain social classes and structures, large social groups, and state institutions. The author of this article claims that it is necessary to use the macro-administrative law as a tool for construction of social structures. If this is not being considered, disabled law is being created, which can destroy the modern economic and social life system. In this regard, it is necessary to apply the provisions on micro-administrative legal procedures.

The study reveals importance of power in the activity of a social pedagogue.The results of the research revealed, there is some power structure in the social pedagogue – as the political aspects in the macro level, in the mezzo level as the organizational aspects and in the micro level as some model of the microrelationship model. The content of power relationship are instructions of a social pedagugeu, attitude of pedagogues and parents, the organizational rules, democratic or authoritarian relationship with administration, as well as behaviour of a social pedagogue 'power behaviour'.

The study reveals importance of power in the activity of a social pedagogue.The results of the research revealed, there is some power structure in the social pedagogue – as the political aspects in the macro level, in the mezzo level as the organizational aspects and in the micro level as some model of the microrelationship model. The content of power relationship are instructions of a social pedagugeu, attitude of pedagogues and parents, the organizational rules, democratic or authoritarian relationship with administration, as well as behaviour of a social pedagogue 'power behaviour'.

The study reveals importance of power in the activity of a social pedagogue.The results of the research revealed, there is some power structure in the social pedagogue – as the political aspects in the macro level, in the mezzo level as the organizational aspects and in the micro level as some model of the microrelationship model. The content of power relationship are instructions of a social pedagugeu, attitude of pedagogues and parents, the organizational rules, democratic or authoritarian relationship with administration, as well as behaviour of a social pedagogue 'power behaviour'.

Administrative Disputes, which arises between public administration agencies and private parties, is one of the areas which belong to administrative process. In most cases procedure starts by conducting internal reviews. However practice shows that internal reviews are just a beginning of long administrative procedure, which finally finishes in administrative courts. Such a long procedure is one of the reasons why society distrusts government agencies and court system. Therefore, in order to change current situation, state have to search for the alternatives means to traditional administrative complaint hearings. The solution of this problem, could be mediation, which main features such as flexibility, cost-effective, confidentiality, restoration of social and legal peace, would change current situation. Mediation in solving administrative disputes between private parties and public administration agencies is popular in United States. However, in continental Europe, mediation as an alternative to traditional administrative disputes resolution, is viewed with caution. Lithuania is not exception to continental Europe countries. However because of the changes in public needs and the caseloads in administrative courts, ability of using mediation in Lithuanian Republic administrative process, has to be analyzed by making comprehensive scientific research. Mediation is popular in resolving civil law disputes, where the civil law principles and mediation principles perfectly interact with each other. Meanwhile, when dispute arises in administrative process, parties must use administrative law and process principles. It is not clear, whether mediation principles or its advantages could prevail. Also it is not clear, whether mediation could be used in disputes, which arises concerning individual and general administrative acts. [.]

Administrative Disputes, which arises between public administration agencies and private parties, is one of the areas which belong to administrative process. In most cases procedure starts by conducting internal reviews. However practice shows that internal reviews are just a beginning of long administrative procedure, which finally finishes in administrative courts. Such a long procedure is one of the reasons why society distrusts government agencies and court system. Therefore, in order to change current situation, state have to search for the alternatives means to traditional administrative complaint hearings. The solution of this problem, could be mediation, which main features such as flexibility, cost-effective, confidentiality, restoration of social and legal peace, would change current situation. Mediation in solving administrative disputes between private parties and public administration agencies is popular in United States. However, in continental Europe, mediation as an alternative to traditional administrative disputes resolution, is viewed with caution. Lithuania is not exception to continental Europe countries. However because of the changes in public needs and the caseloads in administrative courts, ability of using mediation in Lithuanian Republic administrative process, has to be analyzed by making comprehensive scientific research. Mediation is popular in resolving civil law disputes, where the civil law principles and mediation principles perfectly interact with each other. Meanwhile, when dispute arises in administrative process, parties must use administrative law and process principles. It is not clear, whether mediation principles or its advantages could prevail. Also it is not clear, whether mediation could be used in disputes, which arises concerning individual and general administrative acts. [.]

Administrative Disputes, which arises between public administration agencies and private parties, is one of the areas which belong to administrative process. In most cases procedure starts by conducting internal reviews. However practice shows that internal reviews are just a beginning of long administrative procedure, which finally finishes in administrative courts. Such a long procedure is one of the reasons why society distrusts government agencies and court system. Therefore, in order to change current situation, state have to search for the alternatives means to traditional administrative complaint hearings. The solution of this problem, could be mediation, which main features such as flexibility, cost-effective, confidentiality, restoration of social and legal peace, would change current situation. Mediation in solving administrative disputes between private parties and public administration agencies is popular in United States. However, in continental Europe, mediation as an alternative to traditional administrative disputes resolution, is viewed with caution. Lithuania is not exception to continental Europe countries. However because of the changes in public needs and the caseloads in administrative courts, ability of using mediation in Lithuanian Republic administrative process, has to be analyzed by making comprehensive scientific research. Mediation is popular in resolving civil law disputes, where the civil law principles and mediation principles perfectly interact with each other. Meanwhile, when dispute arises in administrative process, parties must use administrative law and process principles. It is not clear, whether mediation principles or its advantages could prevail. Also it is not clear, whether mediation could be used in disputes, which arises concerning individual and general administrative acts. [.]

Don Juan, one of the most popular cultural fgures in the Western civilization, has deserved the attention of philosophers relatively recently. Postmodernist reflections on the character of Don Juan refer to it as a ready-made construct whose implications are well-established. It indicates that the Don Juan fgure represents a certain cultural phenomenon in social consciousness. Tat image is an instrument of reflection on the social perception of human sexuality in general and attempts to systematize and govern it in particular. Te article suggests a reading of the Don Juan fgure in the light of Michel Foucault's theory of power, claiming that the meaning of the character of Don Juan lies in its power-based relations with his environment. Don Juan's domination over the society, over the women whom he violates, and over his own discourse are analysed in order to explore the methods of regulation that society applies on the sexuality of its members, and limits of individual freedom. Te article concludes that Don Juan is a political power-fgure, because he acts as an instrument of surveillance over the social male-female relationship. Te seduction process performed by Don Juan launches the inner surveillance apparatus of every individual – the female victim, her male protector (father, brother or any other), other members of Don Juan's society, as well as male and female members of his audience (i.e. the spectators, or the readers). Tat is, the article suggests, namely the power message that the Don Juan fgure broadcasts to the culture it acts in

Don Juan, one of the most popular cultural fgures in the Western civilization, has deserved the attention of philosophers relatively recently. Postmodernist reflections on the character of Don Juan refer to it as a ready-made construct whose implications are well-established. It indicates that the Don Juan fgure represents a certain cultural phenomenon in social consciousness. Tat image is an instrument of reflection on the social perception of human sexuality in general and attempts to systematize and govern it in particular. Te article suggests a reading of the Don Juan fgure in the light of Michel Foucault's theory of power, claiming that the meaning of the character of Don Juan lies in its power-based relations with his environment. Don Juan's domination over the society, over the women whom he violates, and over his own discourse are analysed in order to explore the methods of regulation that society applies on the sexuality of its members, and limits of individual freedom. Te article concludes that Don Juan is a political power-fgure, because he acts as an instrument of surveillance over the social male-female relationship. Te seduction process performed by Don Juan launches the inner surveillance apparatus of every individual – the female victim, her male protector (father, brother or any other), other members of Don Juan's society, as well as male and female members of his audience (i.e. the spectators, or the readers). Tat is, the article suggests, namely the power message that the Don Juan fgure broadcasts to the culture it acts in

Dealing with the problem of protection of a public interest is associated with two problems: indetermination of the conception of a public interest and group of entities able to address a court in order to protect the aforesaid interest. The term of a public interest has not been defined in the legal acts. Due to this reason, the entities of executive power and judicial power that apply the law are granted the discretion to decide what a public interest is. It is acknowledged that a public interest is something that is important, necessary and useful for the entire society, its part or significant interests. Pursuant to the Law on Administrative Proceedings, the right to protect a public interest in the administrative procedure is granted by a legislator to a certain group of entities entitled to address a court in order to protect a public interest under two following conditions: such right is provided for in the special laws and a court must be addressed due to the aforesaid interest rather than protection of a subjective right. In such cases, representatives of a public interest are granted all national procedural rights and duties. Rapid development of the society, social phenomena have influence on the interests of many people, group, society rather that one person. In case of such situation, the possibility of institution for group claim in Lithuanian administrative procedure should be discussed.

Dealing with the problem of protection of a public interest is associated with two problems: indetermination of the conception of a public interest and group of entities able to address a court in order to protect the aforesaid interest. The term of a public interest has not been defined in the legal acts. Due to this reason, the entities of executive power and judicial power that apply the law are granted the discretion to decide what a public interest is. It is acknowledged that a public interest is something that is important, necessary and useful for the entire society, its part or significant interests. Pursuant to the Law on Administrative Proceedings, the right to protect a public interest in the administrative procedure is granted by a legislator to a certain group of entities entitled to address a court in order to protect a public interest under two following conditions: such right is provided for in the special laws and a court must be addressed due to the aforesaid interest rather than protection of a subjective right. In such cases, representatives of a public interest are granted all national procedural rights and duties. Rapid development of the society, social phenomena have influence on the interests of many people, group, society rather that one person. In case of such situation, the possibility of institution for group claim in Lithuanian administrative procedure should be discussed.

The article seeks to reveal the possibilities of a theoretical interpretation of power in the broad sense and military power in the narrow sense in the context of the realism paradigm, with a deep focus on including intangible resources in the interpretation of power. In the article, the interpretation of power is consciously grounded on the synthesis of power as resources and power as relation perspectives meanwhile applying this synthesis to the analysis of military power. Thus, military power is perceived as covering not only material but also non-material resources and as being contextual in nature. The article forms assumptions that the interpretation of military power depends on the security environment perception of the political and military elite: by changing warfare concepts and force employment methods they introduce military innovations, while military doctrines are an instrument of power conversion – through them the security environment perception is imparted and the structure of military power is changed. Such an interpretation of military power, combining different insights based on the paradigm of realism, allows the formation of an alternative approach to the interpretation of military power.

The article seeks to reveal the possibilities of a theoretical interpretation of power in the broad sense and military power in the narrow sense in the context of the realism paradigm, with a deep focus on including intangible resources in the interpretation of power. In the article, the interpretation of power is consciously grounded on the synthesis of power as resources and power as relation perspectives meanwhile applying this synthesis to the analysis of military power. Thus, military power is perceived as covering not only material but also non-material resources and as being contextual in nature. The article forms assumptions that the interpretation of military power depends on the security environment perception of the political and military elite: by changing warfare concepts and force employment methods they introduce military innovations, while military doctrines are an instrument of power conversion – through them the security environment perception is imparted and the structure of military power is changed. Such an interpretation of military power, combining different insights based on the paradigm of realism, allows the formation of an alternative approach to the interpretation of military power.

Regardless of the popular wisdom to make predictions in negotiations as if they always reflect the right according to the Bible– that "to every one who has will more be given" – this article starts with observation that weaker parties can and do sometimes successfully negotiate with stronger parties. Naturally this provokes questions: "Why can weak parties successfully negotiate with the stronger parties in asymmetric negotiations? How to explain this structural paradox?". The article argues that these questions would be old and answered if not for the long lasting tendency in the international relations discipline to analyze international negotiations from the point of view of the traditional power understanding, as well as systemic international relations theories. On another hand, difficulties objectively arise due to the fact that analysis of the structural paradox is connected to the problem of power – one of the most complex and difficult to define categories of the social science. And although much has been done recently in the social science to improve our understanding of the concept of power, it is still unclear what is the best way to conceptualise it.