Suchergebnisse

The article provides a system of scientific proposals which could be prospective in forming and implementing the effective state policy in the sphere of crime control. The strategic trend of that policy instead of making the laws and punishment stricter, should eliminate in complex way social causes and conditions of criminality, i.e., crime prevention, oriented first of all to social groups of people mostly not adapted to new conditions of market society and people, living under the poverty line, young people who do not study and do not work, dysfunctional families and children who are being raised in them, young people who do not study and do not work, solution of inhabitants employment problems as well as problems of mode of life and morals. Crime prevention should become an integral part of social, economical, legal and cultural policy of the state and local governments institutions. It is proposed to reform in essence also the system of special crime prevention measures and institutions, decreasing their repressive and increasing positive influence by humanising and socialising of this system. Also other scientific (criminological) preconditions and practical possibilities of crime prevention in Lithuania and increase of its effectiveness are discussed paying attention not only to present but also prospective purposes and goals of this problem's solution.

The article provides a system of scientific proposals which could be prospective in forming and implementing the effective state policy in the sphere of crime control. The strategic trend of that policy instead of making the laws and punishment stricter, should eliminate in complex way social causes and conditions of criminality, i.e., crime prevention, oriented first of all to social groups of people mostly not adapted to new conditions of market society and people, living under the poverty line, young people who do not study and do not work, dysfunctional families and children who are being raised in them, young people who do not study and do not work, solution of inhabitants employment problems as well as problems of mode of life and morals. Crime prevention should become an integral part of social, economical, legal and cultural policy of the state and local governments institutions. It is proposed to reform in essence also the system of special crime prevention measures and institutions, decreasing their repressive and increasing positive influence by humanising and socialising of this system. Also other scientific (criminological) preconditions and practical possibilities of crime prevention in Lithuania and increase of its effectiveness are discussed paying attention not only to present but also prospective purposes and goals of this problem's solution.

All the sciences and even philosophical, ethic thinking and also practice are grounded by so called "line - thinking", which is efective in only limited sphere and time as synergetic paradigmus born in the 20 century. Unfortunately propositions under "line thinking" influence gave miserable results as much in politics as in government. The article shortly deals with some paradoxical synergetic confirmities (regularities) and the first observed results and chances of their using in the prevention of crimes, goverment in connection with the problem of theory and practice. It is suggested to change "strategic planing" conception into "strategic thinking" concept which joins theory and practice most effectively. In conclusion, connect of theory and practice are visible in teleonomy of emergetic evolution of social processes which are expressed namely by "strategic thinking" as intentionality obeyed to the same synergetic laws.

All the sciences and even philosophical, ethic thinking and also practice are grounded by so called "line - thinking", which is efective in only limited sphere and time as synergetic paradigmus born in the 20 century. Unfortunately propositions under "line thinking" influence gave miserable results as much in politics as in government. The article shortly deals with some paradoxical synergetic confirmities (regularities) and the first observed results and chances of their using in the prevention of crimes, goverment in connection with the problem of theory and practice. It is suggested to change "strategic planing" conception into "strategic thinking" concept which joins theory and practice most effectively. In conclusion, connect of theory and practice are visible in teleonomy of emergetic evolution of social processes which are expressed namely by "strategic thinking" as intentionality obeyed to the same synergetic laws.

The paper presents an overview of M. Weber's modelling paradigm assessing it against the opportunities of using the models in modern science of public policy and administration. Two types of research problems requiring modelling of different levels are identified. The paper defines the static and the dialectic methods of modelling, the limits and possibilities of their application are defined. The novelty and relevance of the paper lies in the substantiation of advantages and drawbacks of static modelling and in the proving of the importance of normative character of science, which contradicts the traditional Weber's methodology. In public administration one may not rely only upon formal procedures, forms and rules, because this will not reveal the functions of the State and the interests underlying them. A public administration model must be characterised by normative content. Models of social processes must not necessarily reflect the reality exactly, however, they may serve as a tool for simplifying the mechanisms of social reality and for attempting to understand its mechanisms. Modelling may be static or dialectic. Static modelling is simpler since the number of variables it takes account of is smaller. In certain cases static modelling may be presented or desirable due to value considerations raised by the idealistic world. Idealistic philosophy gives rise to relevant phenomena, which can be neither confirmed nor rejected. Such models may be desirable as the given required by a peculiar belief and as components of the given. As far as social science is a value and "humanitarian" science, to such extent metaphysics, the static given and static modelling may yield results. Philosophical idealism is often presented as a source of political and economic liberalism, or a sign of equality Is placed between them. This is not entirely correct since state and social policy studies in the liberal social sciences are based on formal concepts without any normative content. Liberal sociological definitions designed for a parliamentary-democratic constitutional state usually cover only procedures, forms, rules and state activity instruments, avoiding a definition of the State's functions completely or partially. Not only the functions of the State remain unsubstantiated; possible consequences of manifestation of these functions or the interests of those who defend them or any backstairs interests behind the declared interests arc not explained. The Weberian methodological concept of democracy turns liberal democracy and pluralist theory into a sheer arsenal of technical means, which is unpredictable and incapable of explaining the deep phenomena of public administration and the more so - of social policy. It is not only in the West, but also in Eastern Europe including Lithuania, individual politicians and public administration experts wish to reduce the principle of social welfare to the constitutional and legal level, absolutising the legal aspect. Dialectic modelling is a kind of opposite to static modelling, or modelling that may supplement the latter substantially. And this is not just because it is able to "see the context". Using the dialectic relationship one may examine such historical dichotomies as belief and science, nationality and globalism, central and local government, private and public interest etc. In the most general sense, dialectic modelling is focussed on the determination of the content, form, contradiction between content and form, and finding of the place of this relationship in the world's development process. The methodology of dialectic modelling asserts that the dialectic relationship is a universal means of modelling of qualitative processes and may be used for the modelling of the processes for which sufficient qualitative exceptionality may be determined as compared with the previous qualitative stage. Eastern Europe encounters difficulties in social modelling due to a distinct transformational nature of social systems of these countries as well as due to frequent changes in the laws governing social security and tax policy. The latter factor also poses problems for Eastern European social scientists in processing the material and in modelling socio-economic development on its basis.

The paper presents an overview of M. Weber's modelling paradigm assessing it against the opportunities of using the models in modern science of public policy and administration. Two types of research problems requiring modelling of different levels are identified. The paper defines the static and the dialectic methods of modelling, the limits and possibilities of their application are defined. The novelty and relevance of the paper lies in the substantiation of advantages and drawbacks of static modelling and in the proving of the importance of normative character of science, which contradicts the traditional Weber's methodology. In public administration one may not rely only upon formal procedures, forms and rules, because this will not reveal the functions of the State and the interests underlying them. A public administration model must be characterised by normative content. Models of social processes must not necessarily reflect the reality exactly, however, they may serve as a tool for simplifying the mechanisms of social reality and for attempting to understand its mechanisms. Modelling may be static or dialectic. Static modelling is simpler since the number of variables it takes account of is smaller. In certain cases static modelling may be presented or desirable due to value considerations raised by the idealistic world. Idealistic philosophy gives rise to relevant phenomena, which can be neither confirmed nor rejected. Such models may be desirable as the given required by a peculiar belief and as components of the given. As far as social science is a value and "humanitarian" science, to such extent metaphysics, the static given and static modelling may yield results. Philosophical idealism is often presented as a source of political and economic liberalism, or a sign of equality Is placed between them. This is not entirely correct since state and social policy studies in the liberal social sciences are based on formal concepts without any normative content. Liberal sociological definitions designed for a parliamentary-democratic constitutional state usually cover only procedures, forms, rules and state activity instruments, avoiding a definition of the State's functions completely or partially. Not only the functions of the State remain unsubstantiated; possible consequences of manifestation of these functions or the interests of those who defend them or any backstairs interests behind the declared interests arc not explained. The Weberian methodological concept of democracy turns liberal democracy and pluralist theory into a sheer arsenal of technical means, which is unpredictable and incapable of explaining the deep phenomena of public administration and the more so - of social policy. It is not only in the West, but also in Eastern Europe including Lithuania, individual politicians and public administration experts wish to reduce the principle of social welfare to the constitutional and legal level, absolutising the legal aspect. Dialectic modelling is a kind of opposite to static modelling, or modelling that may supplement the latter substantially. And this is not just because it is able to "see the context". Using the dialectic relationship one may examine such historical dichotomies as belief and science, nationality and globalism, central and local government, private and public interest etc. In the most general sense, dialectic modelling is focussed on the determination of the content, form, contradiction between content and form, and finding of the place of this relationship in the world's development process. The methodology of dialectic modelling asserts that the dialectic relationship is a universal means of modelling of qualitative processes and may be used for the modelling of the processes for which sufficient qualitative exceptionality may be determined as compared with the previous qualitative stage. Eastern Europe encounters difficulties in social modelling due to a distinct transformational nature of social systems of these countries as well as due to frequent changes in the laws governing social security and tax policy. The latter factor also poses problems for Eastern European social scientists in processing the material and in modelling socio-economic development on its basis.

The article seeks to demonstrate the changes in the conception of relations between science and politics in the 20 th century German tradition of social philosophy. This tradition encompasses Max Weber, Karl Mannheim, Frankfurt School and Jürgen Habermas. The analysis of their works revealed that Weber's neutral attitude towards the political role of science had experienced couple of transformations. First, Weber's idea of science as a political instrument was radicalized in Mannheim's sociology of knowledge. In the latter science as an institution is conceived much more positively because it can replace politics by controllable administration. Second, Frankfurt School denies the mannheimian optimism stressing the negative consequences of that substitution: scientific rationalism invades social and political life at the same time ignoring qualitative aspects that are so important in political field. And, finally, trying to breakthrough the one-sided negativism of elder colleagues in Frankfurt School, Habermas restores weberian attitude towards instrumental character of science. In order to elude the dominance of science two steps are of crucial importance: repoliticization of public sphere and removing restrictions on communication.

The article seeks to demonstrate the changes in the conception of relations between science and politics in the 20 th century German tradition of social philosophy. This tradition encompasses Max Weber, Karl Mannheim, Frankfurt School and Jürgen Habermas. The analysis of their works revealed that Weber's neutral attitude towards the political role of science had experienced couple of transformations. First, Weber's idea of science as a political instrument was radicalized in Mannheim's sociology of knowledge. In the latter science as an institution is conceived much more positively because it can replace politics by controllable administration. Second, Frankfurt School denies the mannheimian optimism stressing the negative consequences of that substitution: scientific rationalism invades social and political life at the same time ignoring qualitative aspects that are so important in political field. And, finally, trying to breakthrough the one-sided negativism of elder colleagues in Frankfurt School, Habermas restores weberian attitude towards instrumental character of science. In order to elude the dominance of science two steps are of crucial importance: repoliticization of public sphere and removing restrictions on communication.

The article seeks to demonstrate the changes in the conception of relations between science and politics in the 20 th century German tradition of social philosophy. This tradition encompasses Max Weber, Karl Mannheim, Frankfurt School and Jürgen Habermas. The analysis of their works revealed that Weber's neutral attitude towards the political role of science had experienced couple of transformations. First, Weber's idea of science as a political instrument was radicalized in Mannheim's sociology of knowledge. In the latter science as an institution is conceived much more positively because it can replace politics by controllable administration. Second, Frankfurt School denies the mannheimian optimism stressing the negative consequences of that substitution: scientific rationalism invades social and political life at the same time ignoring qualitative aspects that are so important in political field. And, finally, trying to breakthrough the one-sided negativism of elder colleagues in Frankfurt School, Habermas restores weberian attitude towards instrumental character of science. In order to elude the dominance of science two steps are of crucial importance: repoliticization of public sphere and removing restrictions on communication.

The article seeks to demonstrate the changes in the conception of relations between science and politics in the 20 th century German tradition of social philosophy. This tradition encompasses Max Weber, Karl Mannheim, Frankfurt School and Jürgen Habermas. The analysis of their works revealed that Weber's neutral attitude towards the political role of science had experienced couple of transformations. First, Weber's idea of science as a political instrument was radicalized in Mannheim's sociology of knowledge. In the latter science as an institution is conceived much more positively because it can replace politics by controllable administration. Second, Frankfurt School denies the mannheimian optimism stressing the negative consequences of that substitution: scientific rationalism invades social and political life at the same time ignoring qualitative aspects that are so important in political field. And, finally, trying to breakthrough the one-sided negativism of elder colleagues in Frankfurt School, Habermas restores weberian attitude towards instrumental character of science. In order to elude the dominance of science two steps are of crucial importance: repoliticization of public sphere and removing restrictions on communication.

The Constitution of the Republic of Lithuania was approved in the Referendum on 25 October 1992. It consolidated the doctrine of constitutional review and its practical form – the Constitutional Court of the Republic of Lithuania. The foundation of the Constitutional Court and its already developed practical activities stimulate to evaluate more thoroughly the place and role of this institution in the state's system of law. Such an aim is predetermined by an undoubtedly active work of the Constitutional Court in the process of the creation of Lithuanian law. The co-ordination of the inner relations in the organisation of the Lithuanian state is directly linked up with a dynamic development of law; however, while creating Lithuanian law one faces up with a lot of theoretical and practical problems. These processes determine some discrepancies of an objective and subjective character. One of them is the conformity of the laws and the norms of substatutory legal acts with the Constitution. The rulings of the Constitutional Court, evaluating the correspondence of legal norms with the Constitution, always cause legal social consequences. In the cases when a legal norm is recognised to be not in compliance with the Constitution, there appear real legal consequences - this legal norm becomes eliminated from a legal system, i.e., it can not be applied any more. In this and the other case, i.e. when legality of a legal norm is not negated, the arguments as well as motives of the ruling passed by the Constitutional Court may also be evaluated by the aspect of legal sources. Thus, it is obvious that the acts of the Constitutional Court – no matter how they might be estimated within the system of legal sources – are a real legal phenomenon, the more comprehensive scientific survey which will help to evaluate the problems of the creation of law in Lithuania in a broader legal panorama. According to the author's opinion, the most important and decisive role of the acts of the Constitutional Court is that they constantly underline the fundamental principle of the superiority of the Constitution. It is very important especially now when Lithuanian law is being formed. These acts are also important in the political process as they compose preconditions for avoiding more acute conflicts, and settling political disputes on the bases of the Constitution. Legal positions which are formed by the Constitutional Court in its rulings are often not new ones, they are known in comparative law. However, in one way or another, they are important especially now, when the formation of law often goes on spontaneously as well as contradictory. Here are some such legal positions: a law or a substatutory act can not be used retroactively; substatutory legal acts can not overstep the boundaries of the functioning of laws; in the system of legal norms there can not be such legal norms which would contradict or negate each other; the general aim of a law has to correspond to the content of norms of a law. These are only some legal positions which are also being examined in this article.

The Constitution of the Republic of Lithuania was approved in the Referendum on 25 October 1992. It consolidated the doctrine of constitutional review and its practical form – the Constitutional Court of the Republic of Lithuania. The foundation of the Constitutional Court and its already developed practical activities stimulate to evaluate more thoroughly the place and role of this institution in the state's system of law. Such an aim is predetermined by an undoubtedly active work of the Constitutional Court in the process of the creation of Lithuanian law. The co-ordination of the inner relations in the organisation of the Lithuanian state is directly linked up with a dynamic development of law; however, while creating Lithuanian law one faces up with a lot of theoretical and practical problems. These processes determine some discrepancies of an objective and subjective character. One of them is the conformity of the laws and the norms of substatutory legal acts with the Constitution. The rulings of the Constitutional Court, evaluating the correspondence of legal norms with the Constitution, always cause legal social consequences. In the cases when a legal norm is recognised to be not in compliance with the Constitution, there appear real legal consequences - this legal norm becomes eliminated from a legal system, i.e., it can not be applied any more. In this and the other case, i.e. when legality of a legal norm is not negated, the arguments as well as motives of the ruling passed by the Constitutional Court may also be evaluated by the aspect of legal sources. Thus, it is obvious that the acts of the Constitutional Court – no matter how they might be estimated within the system of legal sources – are a real legal phenomenon, the more comprehensive scientific survey which will help to evaluate the problems of the creation of law in Lithuania in a broader legal panorama. According to the author's opinion, the most important and decisive role of the acts of the Constitutional Court is that they constantly underline the fundamental principle of the superiority of the Constitution. It is very important especially now when Lithuanian law is being formed. These acts are also important in the political process as they compose preconditions for avoiding more acute conflicts, and settling political disputes on the bases of the Constitution. Legal positions which are formed by the Constitutional Court in its rulings are often not new ones, they are known in comparative law. However, in one way or another, they are important especially now, when the formation of law often goes on spontaneously as well as contradictory. Here are some such legal positions: a law or a substatutory act can not be used retroactively; substatutory legal acts can not overstep the boundaries of the functioning of laws; in the system of legal norms there can not be such legal norms which would contradict or negate each other; the general aim of a law has to correspond to the content of norms of a law. These are only some legal positions which are also being examined in this article.