Suchergebnisse

Human behavior is regulated by many factors. Among them we identify religion, traditions, laws, courts, state institutions, influential individuals, emotions, mind, heart, conscience. Legal regulation of a society, however, is one of the most important legal theory categories. The reasons for legal regulation are different in different systems. For example, in a state dominated by a classical system, the behavior of people is regulated by legal means that pursue to standardize the aggression of one social group against other social groups. On the contrary, in a democratic state, the legal regulation seeks to coordinate the interests of the opposing groups, thereby maintaining social cohesion in the society. As practice shows, the democratic form of legal regulation is more effective when legal means are aimed at regulating human relations to make them fair and consolidating the rights of all social groups. This means that legal regulation can be called the socialization of human behavior for the protection of the society and development of resistance to domination and enslavement. The regulation of human behavior is related to human consciousness – it is driven by conscious processes and especially with regard that not only the law affects the behavior of a person, but also other social norms, economic or other benefits, fear, conscience, etc. However, although these other factors may legally be significant, legal regulation rests only on legal mechanisms that control human consciousness and behavior. Before becoming legal categories, they closely interact with the more general philosophical categories. These categories are considered in the article.

Plato has noticed that the state is best when it is ruled by a philosopher, because such a ruler allows the wisest laws. Today wisdom is formalized in legislation. It can be linked to legislative projects in certain specialized institutions. The search for wisdom can also be found in public consultations, as they gather as much social information as possible so that decisions are more objective, comprehensive, fairer, and, moreover, more intelligent. It is debatable how to formalize the optimal ratio of law and quality to make it effective. The article discusses philosophy as a search for sources of wisdom and its manifestation in lawmaking.

Plato has noticed that the state is best when it is ruled by a philosopher, because such a ruler allows the wisest laws. Today wisdom is formalized in legislation. It can be linked to legislative projects in certain specialized institutions. The search for wisdom can also be found in public consultations, as they gather as much social information as possible so that decisions are more objective, comprehensive, fairer, and, moreover, more intelligent. It is debatable how to formalize the optimal ratio of law and quality to make it effective. The article discusses philosophy as a search for sources of wisdom and its manifestation in lawmaking.

Human behavior is regulated by many factors. Among them we identify religion, traditions, laws, courts, state institutions, influential individuals, emotions, mind, heart, conscience. Legal regulation of a society, however, is one of the most important legal theory categories. The reasons for legal regulation are different in different systems. For example, in a state dominated by a classical system, the behavior of people is regulated by legal means that pursue to standardize the aggression of one social group against other social groups. On the contrary, in a democratic state, the legal regulation seeks to coordinate the interests of the opposing groups, thereby maintaining social cohesion in the society. As practice shows, the democratic form of legal regulation is more effective when legal means are aimed at regulating human relations to make them fair and consolidating the rights of all social groups. This means that legal regulation can be called the socialization of human behavior for the protection of the society and development of resistance to domination and enslavement. The regulation of human behavior is related to human consciousness – it is driven by conscious processes and especially with regard that not only the law affects the behavior of a person, but also other social norms, economic or other benefits, fear, conscience, etc. However, although these other factors may legally be significant, legal regulation rests only on legal mechanisms that control human consciousness and behavior. Before becoming legal categories, they closely interact with the more general philosophical categories. These categories are considered in the article.

The transition from an industrial to an information society is called a post-industrial or post-traditional period. All transitional periods are characterized by non-compliance, deviations of behaviour, various challenges and the changes of values. These imbalances are highly affected by globalization. Breaking up traditions creates preconditions for new crimes that are related to the latest achievements of science and technology. Globalization takes place in the social sphere and covers the most diverse fields of society's activities. It includes the scope of state and other social structures and their environment. Globalization is intensified by internal communication and other connections around the globe. Law, as a regulator of social life, is influenced by it. Globalization opens up new paths in the development of culture and science. It, however, brings equally difficult challenges. Therefore, many future prospects expected from globalization exclude real risks. In history globalization has manifested itself many times by the creation of empires and social and political systems. Primal forms of globalization can be found in ancient history. Whether it was the more cultural and economical than military invasion of the ancient Greeks to other lands, or the physical and spiritual actions of the Romans that led to collapse of the Roman empire by the barbarians, or the voluntary adoption of Christianity and Buddhism virtually by the whole world – these were all manifestations of globalization. Law as a regulator of social life is directly exposed to the challenges of globalization and must respond to the negative effects of globalization. This article is dedicated to the analysis of such challenges.

The transition from an industrial to an information society is called a post-industrial or post-traditional period. All transitional periods are characterized by non-compliance, deviations of behaviour, various challenges and the changes of values. These imbalances are highly affected by globalization. Breaking up traditions creates preconditions for new crimes that are related to the latest achievements of science and technology. Globalization takes place in the social sphere and covers the most diverse fields of society's activities. It includes the scope of state and other social structures and their environment. Globalization is intensified by internal communication and other connections around the globe. Law, as a regulator of social life, is influenced by it. Globalization opens up new paths in the development of culture and science. It, however, brings equally difficult challenges. Therefore, many future prospects expected from globalization exclude real risks. In history globalization has manifested itself many times by the creation of empires and social and political systems. Primal forms of globalization can be found in ancient history. Whether it was the more cultural and economical than military invasion of the ancient Greeks to other lands, or the physical and spiritual actions of the Romans that led to collapse of the Roman empire by the barbarians, or the voluntary adoption of Christianity and Buddhism virtually by the whole world – these were all manifestations of globalization. Law as a regulator of social life is directly exposed to the challenges of globalization and must respond to the negative effects of globalization. This article is dedicated to the analysis of such challenges.

In the article taking terrorism as problems of terrorism conception are discussed legal aspect of phenomenon into consideration. In nowadays society the conception of terrorism is becoming more and more actual, we hear it on the radio, television and read in newspapers. Speaking about terrorism, all the facts are based on emotional arguments. The need of more comprehensive analysis of this phenomenon stimulates to analyze terrorism deeply, because usage of terrorism conception, not concerned to reasons of it, makes fight against terrorism as ideological tool, that makes big threat for human rights. In the article the reasons of terrorism and further tendencies of its development are analyzed. When there is no definition of terrorism clear and acceptable for all and understanding of causal relations, arise questions about sensibility and well found of fight against terrorism. In this situation we cannot be sure, if contemporary democratic states in all cases uses right conception of terrorism and fight against terrorism not breaking human rights. Terrorism conception cannot be abstracted from revealing of causal relations. In the article it is shown, that reasons of terrorism and other conflicts are similar, but there are different means and ways. Three of them characterize terrorism: 1) intentional usage of violence 2) directed to civilians and civil objects 3) to reach political aims. Terrorism is a result of infringement of rights' and duties' balance in interstate relations. Terrorism as much costing mean of fight is only one way for weaker side to show and announce their demands for stronger side of conflict, that is refusing variants of peace by compromise. Democracy is in progress there, where it is weak and regresses there, where it was strong. Liberating new world democratic states society more and more express interests, and clan of old democracies' oligarchs do not want to let them have influence – "trusteeship" – of their zones of economical interest. Then raises conflicts, that there are no reason for oligarch and economical and military stronger states to find compromises to find conclusion, and the states, that are not able to defend their interests in open processes are left only radical methods of fight, that at first distinguishes their conditional cheapness and great psychological influence. This is a reason why terrorism, that is one of means of fight to defend rights and interests, is becoming so popular in the world. In the article universal conception of terrorism, that is reasonable for Old world states is criticized, that names themselves developed, that need to justify themselves to control and interfere to third world constant wars, suppress them and never and this process. ; Straipsnyje, atsižvelgiant į terorizmo kaip reiškinio teisinio pobūdžio ypatumus, aptariama terorizmo sąvokos problematika. Terorizmo reiškinį mokslininkai analizuoja politiniu, ekonominiu, sociopsichologiniu požiūriais, nors vis daugiau dėmesio skiriama teisiniams teoriniams šio reiškinio ypatumams. Išsamesnė terorizmo analizė straipsnyje parodo, kad "terorizmo" sąvokos vartojimas, neatsižvelgiant į šio reiškinio priežastis, paverčia kovą su terorizmu ideologiniu įrankiu, kartu keliama vis didesnė grėsmė žmogaus teisėms. Straipsnyje analizuojamos terorizmo priežastys, numatomos ir tolesnės terorizmo raidos pasaulyje tendencijos.

Straipsnyje pateikiama teisinės valstybės idėjų raida Lietuvoje. Ieškoma sąsajų su analogiškais procesais Europoje, atskleidžiama Lietuvos patirtis ir teisinės minties būklė Europos kontekste. Nagrinėjant teisinės valstybės raidą mūsų šalyje vertinamos teisinės valstybės idėjų pasekmės ir modeliuojamos šiuolaikinės raidos tendencijos bei nustatomos svarbiausios problemos. Nuo XVI a. Europoje formuojasi moderniosios pasaulėžiūros požymiai, kuriuos lėmė gausūs sociokultūriniai tos epochos pokyčiai, neabejotinai atsispindėję ir Lietuvos teisinėje mintyje, ir realijose. Su Renesansu pamažu įsitvirtina kultūros sekuliarizacijos idėjos, nes esminis Renesanso požymis buvo individualybės pirmumo skelbimas. Iš čia – visuomenės gyvenimo tvarkos įvairovė. Individualizmo iškėlimas lėmė laisvės pajautimą, subjektyvumo pripažinimą. Šios tendencijos XVI a. Europoje pradeda atsispindėti įstatymuose, kuriais taip pat siekta įtvirtinti autonomiškumo ir laisvės interesus. XVI a. populiarėja chaoso tendencijos, atskiros pasaulio, centro dalys tampa reikšmingos ir savarankiškos, todėl įstatymas taip pat tampa nepriklausomu, savarankišku, vieninteliu, mažu, pačiam sau reikšmingu centru. Kylant tokioms problemoms supratę teisinės valstybės idėjų svarbą, kurią savo darbuose ir gina, neišvengiamai į polemiką įsitraukia ir Lietuvos šviesuoliai. Straipsnyje konstatuojama, kad teisinės valstybės raidai labai svarbus ir visada keliamas vienas esminis klausimas: skiriasi teisė nuo įstatymo ar šios sąvokos sutampa? Teigiamas arba neigiamas atsakymai nurodo du teisės sampratų koncepcijų tipus: vienas iškelia teisę aukščiau įstatymo, pagrindžia įstatymo priklausomumo nuo pačios teisės sampratos koncepciją, o kitas įstatymą (įstatymų leidybą) vadina teise, ją su įstatymu sutapatina. Todėl vieni autoriai įstatymą tapatina su teise, o kiti teisę laiko fundamentalesne už įstatymą vertybe. Straipsnyje aptariama teisės ir įstatymo santykio raidos stadija Lietuvoje, kai įstatymo imta nebetapatinti su teise, kai ėmė ryškėti šių sąvokų išsiskyrimo tendencija jau XVI a. Teisės ir įstatymo skyrimo koncepcija teisės istorijoje suvaidino svarbų vaidmenį demokratizuojant įstatymų leidybą. Straipsnyje apžvelgiami teisės ir įstatymo santykio raidos būdingiausieji bruožai. Jie yra aktualūs ir šiandien sprendžiant įstatymų leidybos demokratizavimo, žmogaus teisių ginties klausimus. Teisinės minties istorinio palikimo analizė teikia naujų argumentų kuriant šiuolaikinės teisės ir įstatymo santykio bei teisinės valstybės koncepciją.

The conception of positive law at one ties the right with the law, i.e. formalization of law, determination of it. Just determined law can have its shape – the law in common sense. The State to the essence of positive law, as legal category, enters as the subject of lawmaking (natural law is changed to positive) and as guarantee of necessity of legal imperatives. The competence of natural law in this range restricts to declaring of humanistic ideas (legal ideas). It shows, which values should state turn to conventional regulation of behaviour and how much it can be limited. On the other hand, it is indicated, that the purpose of contemporary democratic state is not just reassurance of above-mentioned rights, because recently inthe society other important concerns for person are emphasized. The values of law are related with public interests. Western civilization and world-view orients to separate human needs, interests, his relations with other persons and their internecine services, cultural interchange. Human's personal and political rights and freedoms, his interests are the basic object of purpose and protection of modern democratic state.

The conception of positive law at one ties the right with the law, i.e. formalization of law, determination of it. Just determined law can have its shape – the law in common sense. The State to the essence of positive law, as legal category, enters as the subject of lawmaking (natural law is changed to positive) and as guarantee of necessity of legal imperatives. The competence of natural law in this range restricts to declaring of humanistic ideas (legal ideas). It shows, which values should state turn to conventional regulation of behaviour and how much it can be limited. On the other hand, it is indicated, that the purpose of contemporary democratic state is not just reassurance of above-mentioned rights, because recently inthe society other important concerns for person are emphasized. The values of law are related with public interests. Western civilization and world-view orients to separate human needs, interests, his relations with other persons and their internecine services, cultural interchange. Human's personal and political rights and freedoms, his interests are the basic object of purpose and protection of modern democratic state.

The article, seeking an answer to the question of the role of political parties in the life of each modern democratic state and society, focuses on one of the key issues of the existence of each political party - their funding. Having established that state support in trying to protect these political entities from the potential influence of external individual donors, based on the experience of foreign countries it is necessary to provide insights into the possible models of such financing, their advantages and disadvantages. The article also reviews recent attempts to change the funding model of political parties in the Republic of Lithuania and the reasons for such attempts, and presents arguments that justify the possible influence of such inspirations on political processes in the country.

The article, seeking an answer to the question of the role of political parties in the life of each modern democratic state and society, focuses on one of the key issues of the existence of each political party - their funding. Having established that state support in trying to protect these political entities from the potential influence of external individual donors, based on the experience of foreign countries it is necessary to provide insights into the possible models of such financing, their advantages and disadvantages. The article also reviews recent attempts to change the funding model of political parties in the Republic of Lithuania and the reasons for such attempts, and presents arguments that justify the possible influence of such inspirations on political processes in the country.

The article, seeking an answer to the question of the role of political parties in the life of each modern democratic state and society, focuses on one of the key issues of the existence of each political party - their funding. Having established that state support in trying to protect these political entities from the potential influence of external individual donors, based on the experience of foreign countries it is necessary to provide insights into the possible models of such financing, their advantages and disadvantages. The article also reviews recent attempts to change the funding model of political parties in the Republic of Lithuania and the reasons for such attempts, and presents arguments that justify the possible influence of such inspirations on political processes in the country.

Government organization and activities in a democratic state must be based on the principle of separation of powers. The essence of this principle is to ensure individual rights and freedoms and to help the society prevent government arbitrariness. Each power is implemented through its institutions: Parliament, representing the Nation, legislate the laws and perform other functions provided in the Constitution, the Government implement the laws legislated by Parliament and courts execute justice. If the state does not ensure the implementation of justice, all the talk of democracy, the rule of law, civil society, human rights and freedoms are declarative. Only being independent and autonomous judicial authorities can properly fulfill their function – to execute justice, to ensure implementation of law, expressed in the Constitution, laws and other legal norms, to guarantee the rule of law, to protect human rights and freedoms. Inevitably, the question must be raised whether the courts executing justice ensure these constitutional principles good enough and whether the citizen applying to the court to protect his violated rights can be sure that the court will resolve the dispute impartially and restore his violated rights. Authors of the article examine such an important topic as confidence in the courts, discuss the possible ways and means to achieve that the state government would be more trusted. In the article authors raise a question whether it would be effective to establish associate judges' institute in Lithuania. The authors conclude that Lithuania is one of the few democratic countries having no jury or associate judges institution and that its establishment would help reduce corruption in the legal system. Also it would be a step to increase public confidence in the judiciary. The main conclusion is that discussions about moderate model of associate judges' institution shall be encouraged. The authors believe that such a concept model would not form intervention in the Constitution of the Republic of Lithuania of 1992 and legal framework, but would complement the practice and the commitment to strengthen the relation between the public authorities and society, which is expressed in the Constitution. The model of such aspiration development really makes sense and would be very necessary.

Government organization and activities in a democratic state must be based on the principle of separation of powers. The essence of this principle is to ensure individual rights and freedoms and to help the society prevent government arbitrariness. Each power is implemented through its institutions: Parliament, representing the Nation, legislate the laws and perform other functions provided in the Constitution, the Government implement the laws legislated by Parliament and courts execute justice. If the state does not ensure the implementation of justice, all the talk of democracy, the rule of law, civil society, human rights and freedoms are declarative. Only being independent and autonomous judicial authorities can properly fulfill their function – to execute justice, to ensure implementation of law, expressed in the Constitution, laws and other legal norms, to guarantee the rule of law, to protect human rights and freedoms. Inevitably, the question must be raised whether the courts executing justice ensure these constitutional principles good enough and whether the citizen applying to the court to protect his violated rights can be sure that the court will resolve the dispute impartially and restore his violated rights. Authors of the article examine such an important topic as confidence in the courts, discuss the possible ways and means to achieve that the state government would be more trusted. In the article authors raise a question whether it would be effective to establish associate judges' institute in Lithuania. The authors conclude that Lithuania is one of the few democratic countries having no jury or associate judges institution and that its establishment would help reduce corruption in the legal system. Also it would be a step to increase public confidence in the judiciary. The main conclusion is that discussions about moderate model of associate judges' institution shall be encouraged. The authors believe that such a concept model would not form intervention in the Constitution of the Republic of Lithuania of 1992 and legal framework, but would complement the practice and the commitment to strengthen the relation between the public authorities and society, which is expressed in the Constitution. The model of such aspiration development really makes sense and would be very necessary.