ALFONSAS VAISVILA TEISES TEORIJA PDF

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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I think that it is more consistent and not misleading in relation to Lithuania’s integration into the European Union to regard historical interpretation as that which has to do only with the subjective intents of the legislator, i.

See the Civil Code of Lithuania, Article 1.

Therefore, even though the integration of the historical and dynamic methods of legal interpretation is not an absolute mistake, it is clearly a mistake in relation to the Continental understanding of legal interpretation and law, to which Lithuania should belong. It looks like a democratic and, therefore, logically adequate start.

It precisely reveals the secondary and even the third-tier role of the judicial branch in legislation. Evaluating from the prospect of implementation of sustainable development aims, the potentially effective sorts of legal liability in the environmental sphere are legal entities’ administrative and criminal liability. That was the coming of the spirit of liberalism to this region.

Actually, some Lithuanian academic writers know the practical solution that should be given priority.

In a broader view, the relevant priority should be given to the creation of law by a democratic legislature, the execution of law by an administration, and the application of law by a judiciary. Other powers – courts and executive power, which are usually not formed directly by the society, but through its elected legislative power, shall follow the word of the legislator, formulated in the statute.

They may disturb the reader and not provide a general ideological basis for the discussion of concrete methods of legal interpretation, or may even be inconsistent with them. The other instance is clearer – alternative names for the express or vasvila alleged linguistic method of interpretation.

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Vikisritis:Teisė – Vikipedija

See generally, Antonin Alfnosas et al. Just as no judge may even choose between logic and alogic, every lawyer must be taught logic, but not the logical method of legal interpretation.

The court shall neither become a slave, blindly applying the vaisvkla of the statute, nor a rebel, not adhering to the statute. Therefore, these are usually only instances of the application of the systematic method of legal interpretation at a more general level. It is a message that is lacking in the academic texts on legal interpretation in Lithuania, where the doctrine of an activist court is raised and propagated. For example, Karen M Gebbia-Pinetti in her article states that: Fletcher states that “[m]ost Europeans treat judicial decisions as alfonnsas of what the Law really is.

Xepapadeas, Anastasios, and Dimitra Vouvaki. But the basic structure of these transformations must be understood correctly to rightly assess what went right or wrong with the understanding of legal interpretation in Lithuania.

This aspect is more thoroughly discussed in Part 2 of this article. To generalize, a state, having a constitution with the very first article stating that the state is “a democratic republic”, 83 has only two possible ways – to pursue a radical or, at least, a relevant priority of the doctrine of the separation of powers. Further discussion on this topic, however, would be outside the range of this article.

To paraphrase Scalia, “[the] rule alfonsaas law is about form. Unfortunately, there was literally no written representation of the academic 4 understanding of legal interpretation in Lithuania vaisvilq quite a long time.

Simple theoretical proliferation in relationship to the phenomenon of legal interpretation was the cause of a series of serious conceptual inconsistencies or misleading representations. This problem arises when the authors of the principal texts use nonsubstantial adjectives or adverbs to define legal interpretation.

Official Gazette,No. Ekologicheskoe pravo Ecological law. On the second aspect – allowing, using, applying, etc. While analyzing legal interpretation a lot of [ Finally, very often the platform upon which the article builds is a book by Antonin Scalia: Or is it, or, at least, should it be, in every normal interpretation in general? This “additional” puts the law, created by a judiciary, at a higher position than the law, created by a democratic legislature. However, their understanding of the method differ in essence.

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Legal entities violating the norms of environmental law set economic aim above social and environmental aims, hence legal entities also encroach on sustainable development and do not allow for a striving towards the combinability of environmental, economic and social societal aims. The idea is that the texts we compare are also the context. The outcome is that a democratic legislature creates the law, the administration executes that law, and the judiciary tekrija that law to concrete cases.

Biased theoretical proliferation in relation to the phenomenon of legal interpretation in Lithuanian academic circles was the cause of the undervaluation of the linguistic method of legal interpretation, otherwise called mechanical or formal, and, an over valuation of the doctrine of an active court.

Teisės teorija

Stare decisis is not a method of legal interpretation, but a general principle of the system of law. That is the very essence of the separation of powers” see note CaseyUS. However, there is also a problem more inherent to the definition of legal interpretation. A platform for tdorija. The principle not only applies to the judicial branch, but also to the legislative. For example, she states that literal interpretation dominates in criminal law, administrative law, constitutional law and civil law; 49 that “by distinguishing literal legal interpretation, defining its limits and cases, when it should be applied, we prevent unreasonable expansion of the boundaries of the regulation of the legal norms, prevent illegitimate application of legal norms”; 50 that “by an expansive interpretation of the legal norms, interpretation is made by [ Communication from the Commission to the Council and the European Parliament.

Teises teorija : ketvirtasis leidimas

It is important to stress that this is a critical review. JavaScript is turned off in your web browser. The stereotype is that during the transformation one understanding was changed or, speaking more exactly, teogija understanding became the preferred understanding.