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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Interpretation of law is in no way an exact science but rather a judicial art.
Mykolo Romerio universitetas, Such statutes by their contents are undemocratic, as “legislative power is the power to make laws, not the power to make legislatures” see note But these are rare exceptions. The doctrine of the separation of powers is an ethical, but not a scientific ideology, and we should not ask if it is possible to turn that doctrine into reality, but what the principles of action of some institutions should teoriaj.
What if the alffonsas of the law, or at least a special law, such as a constitution, may be “to prevent change – allfonsas embed certain rights in such a manner that future generations cannot readily take them away”?
General conceptual problems relate to the differentiation and definition of legal interpretation as a phenomenon. They may all, however, be attributed 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.
Additionally, this kind of tekses and definition does not provide a general ideological basis for the discussion of the concrete methods of legal interpretation, and may even be inconsistent with them. Finally, very often the platform upon which the article builds is a book by Antonin Scalia: In the Brown and Kennedy book, right after the subsection, called Contextual alfknsaswe find a subsection, called Comparative Law as Aid to Interpretationwhich begins with the sentence that ” [p]art of the context in which Community law operates is teotija interrelationship with the national laws of the member States” see note Vague oppositions of clear and uncleartrue and untrue are at the basis of the argument.
The names are mechanical 34 or, in specific cases of application, literal 35 interpretation.
Thus the real opposition in the minds of the academics was either between the one understanding and the many including the one2 or, more often, between the one and the many except the one. 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.
On the first aspect – logic, analogy and comparison should not be the basis for distinguishing the corresponding methods of legal interpretation because they do not specify legal interpretation in relation to interpretation in general. The aim of legal interpretation is to reveal the real meaning of the legal norm applied.
There are different understandings of legal interpretation itself, as also of its methods – their names and contents. For now, in the following part, the latter aspect – how undemocratic the process may be – will be discussed more broadly. This does not include an analysis of the jurisprudence: This is the main principle, if a relevant, but not radical, priority of the doctrine of the separation of powers is chosen, and here the main concept, requiring further explanation, is “possible” see further in the text.
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.
Vikisritis:Teisė – Vikipedija
The other instance is clearer – alternative names for the express or implied alleged linguistic method of interpretation.
Although the method is often associated with the constitutional interpretations of the supreme court of the United States, it is not always the case see generally Karen M. 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.
It precisely reveals the secondary and even the third-tier role of the judicial branch in legislation. The other motive offered is gaps in the lawand it is very popular. The same applies to the general principles of law – they vaisvla in the law, but not where we look to determine the meaning of an already existing law.
Official Gazette,No. Nevertheless, notwithstanding all these theoretical problems of dynamic interpretation or filling in the gaps of law, these activities, if done by a judiciary, are, strictly speaking, undemocratic. It cannot be that – real interpretation, as, for example, dynamic or other methods of interpretation.
The following articles and texts could be noted: However, serious questions could be raised about the phenomenon of a gap itself and about the methods used to resolve the problem. Because of this and for other logical reasons, it appears that distinguishing, naming and discussing some methods of legal interpretation by Lithuanian authors vaisbila at least questionable. The initial suggestions may be the following: