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.
The object of this master thesis is the problem of domestic violence against women. The goal of this thesis is to identify international legal standards in the field of combating domestic violence against women and ways to implement these standards in national legislation on the example of the Republic of Belarus and the Republic of Lithuania. The main tasks of the thesis are: to define the concept of domestic violence; define the importance of combating domestic violence; track the evolution of standards for combating domestic violence; to define the existing international legal standards for combating domestic violence at the universal and regional levels; find out how international legal standards on combating domestic violence against women are implemented in national legislation on the example of the Republic of Belarus and the Republic of Lithuania; identify problematic aspects of national legislation related to the regulation of combating domestic violence and propose changes based on established international standards in this area. The usage of such methods as sociological, feminist, and evolutionary, analysis, synthesis, deduction, and comparative legal method led to a conclusion that over the past few decades, there has been a radical transformation in the international community's attitude towards violence against women, including domestic violence. The consolidation of guarantees of protection against domestic violence against women at the international level, as well as the development of jurisprudence on this issue, have played a huge role in shaping international standards related to this problem. To eradicate domestic violence, it is necessary to require states to fulfill positive obligations to prevent domestic violence, and the adoption of a specialized law is the first step to combat domestic violence by complying with international obligations.
The object of this master thesis is the problem of domestic violence against women. The goal of this thesis is to identify international legal standards in the field of combating domestic violence against women and ways to implement these standards in national legislation on the example of the Republic of Belarus and the Republic of Lithuania. The main tasks of the thesis are: to define the concept of domestic violence; define the importance of combating domestic violence; track the evolution of standards for combating domestic violence; to define the existing international legal standards for combating domestic violence at the universal and regional levels; find out how international legal standards on combating domestic violence against women are implemented in national legislation on the example of the Republic of Belarus and the Republic of Lithuania; identify problematic aspects of national legislation related to the regulation of combating domestic violence and propose changes based on established international standards in this area. The usage of such methods as sociological, feminist, and evolutionary, analysis, synthesis, deduction, and comparative legal method led to a conclusion that over the past few decades, there has been a radical transformation in the international community's attitude towards violence against women, including domestic violence. The consolidation of guarantees of protection against domestic violence against women at the international level, as well as the development of jurisprudence on this issue, have played a huge role in shaping international standards related to this problem. To eradicate domestic violence, it is necessary to require states to fulfill positive obligations to prevent domestic violence, and the adoption of a specialized law is the first step to combat domestic violence by complying with international obligations.
The work of judges is dependent on generally accepted statements about the nature of their activity. The content of these statements is filled by judicial ideology, description of judicial activity which is constructed through a complex set of interactions between academic teachings, political rhetoric of the separation of powers, judicial self-perceptions, the views and expectations of the legal community, and the prevailing opinions of society as a whole on the proper role of the judiciary. All approaches to the judicial application of law, that is to the role of judges in interpreting and applying law, may be divided into three broad groups: 1) the Classical approach or the model of bound judicial decision-making; 2) the Realistic approach or the model of free judicial decision-making; and 3) the Socio-Economic approach or the model rational judicial decision-making. T he Classical approach denies that courts are the real authors of the law. It is proposed that judges are only the mouthpieces which give it expression. The model of bound judicial decision-making is opinion of the judicial process which explains the nature of the judicial activity as the application of enumerated preexisting standards, typically the rules contained in legislation. Legal theory based on this model strictly sets the line between the making of law, which is reserved exclusively to the legislature, and its application, which is assumed to be a process in which courts are supposed to apply that law mechanically to facts. The examples of such approach could be the role of the judges in the theories of legal positivism and legal normativism. Another group of theories, which could be described as the theories of the model of bound judicial decision-making, recognize that law is something that exists irrespective of the work of any person, institution or state. According to these theories law exists without respect of persons and just has to be found by a judge. The examples of these theories could be the doctrine of natural law, the Historical school of Jurisprudence and some sociological theories of law.
The work of judges is dependent on generally accepted statements about the nature of their activity. The content of these statements is filled by judicial ideology, description of judicial activity which is constructed through a complex set of interactions between academic teachings, political rhetoric of the separation of powers, judicial self-perceptions, the views and expectations of the legal community, and the prevailing opinions of society as a whole on the proper role of the judiciary. All approaches to the judicial application of law, that is to the role of judges in interpreting and applying law, may be divided into three broad groups: 1) the Classical approach or the model of bound judicial decision-making; 2) the Realistic approach or the model of free judicial decision-making; and 3) the Socio-Economic approach or the model rational judicial decision-making. T he Classical approach denies that courts are the real authors of the law. It is proposed that judges are only the mouthpieces which give it expression. The model of bound judicial decision-making is opinion of the judicial process which explains the nature of the judicial activity as the application of enumerated preexisting standards, typically the rules contained in legislation. Legal theory based on this model strictly sets the line between the making of law, which is reserved exclusively to the legislature, and its application, which is assumed to be a process in which courts are supposed to apply that law mechanically to facts. The examples of such approach could be the role of the judges in the theories of legal positivism and legal normativism. Another group of theories, which could be described as the theories of the model of bound judicial decision-making, recognize that law is something that exists irrespective of the work of any person, institution or state. According to these theories law exists without respect of persons and just has to be found by a judge. The examples of these theories could be the doctrine of natural law, the Historical school of Jurisprudence and some sociological theories of law.
The work of judges is dependent on generally accepted statements about the nature of their activity. The content of these statements is filled by judicial ideology, description of judicial activity which is constructed through a complex set of interactions between academic teachings, political rhetoric of the separation of powers, judicial self-perceptions, the views and expectations of the legal community, and the prevailing opinions of society as a whole on the proper role of the judiciary. All approaches to the judicial application of law, that is to the role of judges in interpreting and applying law, may be divided into three broad groups: 1) the Classical approach or the model of bound judicial decision-making; 2) the Realistic approach or the model of free judicial decision-making; and 3) the Socio-Economic approach or the model rational judicial decision-making. T he Classical approach denies that courts are the real authors of the law. It is proposed that judges are only the mouthpieces which give it expression. The model of bound judicial decision-making is opinion of the judicial process which explains the nature of the judicial activity as the application of enumerated preexisting standards, typically the rules contained in legislation. Legal theory based on this model strictly sets the line between the making of law, which is reserved exclusively to the legislature, and its application, which is assumed to be a process in which courts are supposed to apply that law mechanically to facts. The examples of such approach could be the role of the judges in the theories of legal positivism and legal normativism. Another group of theories, which could be described as the theories of the model of bound judicial decision-making, recognize that law is something that exists irrespective of the work of any person, institution or state. According to these theories law exists without respect of persons and just has to be found by a judge. The examples of these theories could be the doctrine of natural law, the Historical school of Jurisprudence and some sociological theories of law.
The work of judges is dependent on generally accepted statements about the nature of their activity. The content of these statements is filled by judicial ideology, description of judicial activity which is constructed through a complex set of interactions between academic teachings, political rhetoric of the separation of powers, judicial self-perceptions, the views and expectations of the legal community, and the prevailing opinions of society as a whole on the proper role of the judiciary. All approaches to the judicial application of law, that is to the role of judges in interpreting and applying law, may be divided into three broad groups: 1) the Classical approach or the model of bound judicial decision-making; 2) the Realistic approach or the model of free judicial decision-making; and 3) the Socio-Economic approach or the model rational judicial decision-making. T he Classical approach denies that courts are the real authors of the law. It is proposed that judges are only the mouthpieces which give it expression. The model of bound judicial decision-making is opinion of the judicial process which explains the nature of the judicial activity as the application of enumerated preexisting standards, typically the rules contained in legislation. Legal theory based on this model strictly sets the line between the making of law, which is reserved exclusively to the legislature, and its application, which is assumed to be a process in which courts are supposed to apply that law mechanically to facts. The examples of such approach could be the role of the judges in the theories of legal positivism and legal normativism. Another group of theories, which could be described as the theories of the model of bound judicial decision-making, recognize that law is something that exists irrespective of the work of any person, institution or state. According to these theories law exists without respect of persons and just has to be found by a judge. The examples of these theories could be the doctrine of natural law, the Historical school of Jurisprudence and some sociological theories of law.
The present thesis is devoted to the analysis of collisions of courts' jurisdictions in civil cases involving a foreign element and the analysis of the problems caused by the regulation of law norms confirmed in General International Law, Foreign Law and Lithuanian Law. After becoming an EU member state, the growth of civil contentions involving a foreign element is noticeable in the Republic of Lithuania. According to the author of this thesis, the main task of the thesis is considered to be the evaluation of the right determination institute of civil law jurisdictions importance confirmed by International, Foreign and Lithuanian Law norms regulation as well as the courts' jurisprudence in the common world context. The thesis consists of three different parts. In the first part the author emphasizes the definition of collision of the courts' jurisdiction and the importance of its separate criteria by identification of the qualified court, the recognition of its taken judgments and implementation. After that, national laws of different countries (such as Germany, France, Lithuania, etc.), international (UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, etc.) and the European Union (EU) (Council Regulation 44/2001, etc.) rules of law as well as some legal provisions from the international legal assistance treaties signed by the Republic of Lithuania, that deals with civil cases' involving foreign element, attributability to the particular courts will be described in great detail. The second part reviews the practice of European Court of Justice, Permanent Court of International Justice as well as the courts of Lithuania and foreign countries. With respect to the discussion of this practice and criteria described in the first part of this thesis, the problems causing a great level of inconvenience in the private international law in the 21st century are identified. In the third part the author discusses various ways to solve problems, described in the previous chapter: the ability to incorporate forum non conveniens, lis alibi pendens doctrines into the legal framework of the Republic of Lithuania and possibilities of global and regional unification of legislation in collisions of courts' jurisdictions field. In the last sections of the third chapter the sociological research data concerned with opinions of Lithuanian judges about problems touched upon in the final master thesis are summarized. The analysis of data of this research was performed and the following results were achieved. The hypothesis presented in the introduction was supported as it was revealed the fact that it is not enough to apply only national or international efforts to solve collisions of jurisdictions problems in the civil cases which involves a foreign element. That is to say, all the states and international organisations must collaborate with each other and coordinate their positions among themselves in order to reach this purpose.
The present thesis is devoted to the analysis of collisions of courts' jurisdictions in civil cases involving a foreign element and the analysis of the problems caused by the regulation of law norms confirmed in General International Law, Foreign Law and Lithuanian Law. After becoming an EU member state, the growth of civil contentions involving a foreign element is noticeable in the Republic of Lithuania. According to the author of this thesis, the main task of the thesis is considered to be the evaluation of the right determination institute of civil law jurisdictions importance confirmed by International, Foreign and Lithuanian Law norms regulation as well as the courts' jurisprudence in the common world context. The thesis consists of three different parts. In the first part the author emphasizes the definition of collision of the courts' jurisdiction and the importance of its separate criteria by identification of the qualified court, the recognition of its taken judgments and implementation. After that, national laws of different countries (such as Germany, France, Lithuania, etc.), international (UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, etc.) and the European Union (EU) (Council Regulation 44/2001, etc.) rules of law as well as some legal provisions from the international legal assistance treaties signed by the Republic of Lithuania, that deals with civil cases' involving foreign element, attributability to the particular courts will be described in great detail. The second part reviews the practice of European Court of Justice, Permanent Court of International Justice as well as the courts of Lithuania and foreign countries. With respect to the discussion of this practice and criteria described in the first part of this thesis, the problems causing a great level of inconvenience in the private international law in the 21st century are identified. In the third part the author discusses various ways to solve problems, described in the previous chapter: the ability to incorporate forum non conveniens, lis alibi pendens doctrines into the legal framework of the Republic of Lithuania and possibilities of global and regional unification of legislation in collisions of courts' jurisdictions field. In the last sections of the third chapter the sociological research data concerned with opinions of Lithuanian judges about problems touched upon in the final master thesis are summarized. The analysis of data of this research was performed and the following results were achieved. The hypothesis presented in the introduction was supported as it was revealed the fact that it is not enough to apply only national or international efforts to solve collisions of jurisdictions problems in the civil cases which involves a foreign element. That is to say, all the states and international organisations must collaborate with each other and coordinate their positions among themselves in order to reach this purpose.
