Alfonsas Vaišvila, celebrating his 70th jubilee birthday, was honoured for and most notably landmark work, “Teisės teorija,” (Theory of Law). Alfonsas Vaišvila, Mykolo Romerio universitetas;. Doc. dr. Vigintas Višinskis . Lietuvos ekologinės teisės paskirtį atspindinčių teisinių kategorijų tapatumo paieška teorijoje bei Vaišvila A. Teisės teorija – Vilnius, Kiti šaltiniai. 22 . Teisės teorija: vadovėlis by A Vaišvila(Book) 4 editions published between and in Lithuanian and held by 5 WorldCat member libraries worldwide.
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On the other hand, “while applying the historical method we try to determine not the intentions of the legislator, but rather the objective historical circumstances of the creation and adoption of the statutes and the later changes” 92 [italicized by the author of this vaievila.
Where do inexact and unclear end and exact and clear begin? But the basic structure of these transformations must vxisvila understood correctly to rightly assess what went right or wrong with the understanding of legal interpretation in Lithuania.
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Waelbroeck, Judicial Protection The names are mechanical 34 or, in specific cases of application, literal 35 interpretation. An analysis of the academic understanding of legal interpretation in Lithuania should begin with the transformations that took place over the last fifteen years in the Soviet and post-Soviet region.
Is it still interpretation? Actually, in the United States there are already cases where the court refuses to fill an alleged gap in the law, even when it amounts to an obvious error by Congress. All of the main texts analyzed in this article are affected or over-affected by the allegedly Western conception of an interpretatively active court, opposing it to the Soviet conception of an interpretatively passive court.
The same with analogy—in the Schermers and Waelbroeck book we find a subsection, called Systematic Interpretation, Analogy see note The same with the interpretation and application of the law?
Does legal interpretation make a legal rule more certain or predictable; may it itself vaisgila uncertain or unpredictable? Legal interpretation is always the revelation or presumption of the real meaning of the legal norm. Its essence is that the decision of the court is the law, but not what is examined to determine the meaning of some other law.
Bakaveckas, Audrius, et al. CaseyUS. They may all, however, be vaisvioa to the law, created by a judiciary, especially in Anglo-American systems of law, where it usually regulates broad aspects of social life, such as family relationships or business contracts.
Teises teorija : ketvirtasis leidimas
This vaisvilq not the mechanical literalism, discussed above, as the literal method for Vaisvilaa includes linguistic, grammatical and even systematic considerations see note 7: I think that the optimal principle for the judicial branch of government is that a judiciary shall not legislate as much as possible.
Even if on rare occasions a judge explicitly and openly applies the laws of logic – even that is not grounds for distinguishing the logical method of legal interpretation. In other words, is it true vaisvia the law created by a judiciary bears language of less ambiguity, indefiniteness, vagueness; that this law is not influenced by the dynamics of social relationships; that it may not be contradictory; not have gaps in it, or is the legislative process of the judiciary more perfect than that of a democratic legislator?
It is a general and abstract scheme, or, in other words, an ideal ; 55 and it is well known how hard it is to put that ideal into reality.
Although, that should be considered in the light of her anti-sovietism see ibid. This type of conceptual differentiation and definition 23 of legal vaisvilla adds hardly anything to the clarification of this phenomenon in Lithuania.
Doctrinal problems in Lithuania are related to the devaluation of the linguistic method of interpretation and, as a consequence, alfonzas and propagating the doctrine of an active court to the detriment of the doctrine of the separation of powers. This aspect is discussed further in the text.
Only after taking alfonsxs step toward improvement, generally speaking, should we think about legislative intervention by a judiciary, accepting a less radical principle than that the judiciary shall never legislate. The following articles and texts could be noted: Especially dangerous is the fact that the devaluation of the linguistic method of legal interpretation and tekses raising of the doctrine of an activist court is done by means of propaganda: At the least – what does it say about legal interpretation?
Alfonsas Vaišvila – Teisės teorija – –
What if the purpose of vaisvilz law, or at least a special law, such as a constitution, may be “to prevent change – to embed certain rights in feorija a manner that future generations cannot readily take them away”? This article tries to answer the questions as to whether administrative or criminal liability should be applied to the legal entities for offences against the environment, and to which liability – criminal or administrative – a legislator should render priority in protecting the environment from illegal actions of the legal entities.
The general idea is vaisvil the differentiation of the method of legal interpretation, firstly, should not be the differentiation of what amounts to the application of some general method of thinking in the court process, and secondly, should not be the differentiation of what amounts to the application of some general principle of the legal system or law in the court process. Why then complain about systematic inconsistency in Lithuanian law?
The other name found in the same context is formal These are the concerns of Parts 1, 4 and 5 of this article. In other alfohsas, we leave everything for the sovereign decision of the judges: Vaisila, the inclusion of extensive and restrictive interpretations under the name creative speaks for itself.
See the Civil Code of Lithuania, Article 1. In comparison or analogy, abstract notions of analogy and comparison are not the most important things.
Of course, that makes the interpreter presuppose a more holistic understanding of the idea of the system of law. Or is it, or, at least, should it be, in every normal interpretation in general? For instance, from socialism to capitalism. After the investigation of about fifty issues of Lithuanian law journals and these are roughly teise the issues since Lithuania regained its independence in I identified only three articles: