Teises samprata kaip metodas

Translated title of the contribution: The concept of law as a method

Research output: Contribution to journalArticle

Abstract

Nowadays, when trying to define law, we frequently encounter not only different but also contrary public interests, their competition and certain strategy of their coordination. Government trough politics organizes the harmonization of different social interests, and law as the system of established rules of behavior encounters very complicated process which government is intrinsically unable to administer. Legal practice needs theoretical assistance. Therefore law system requires science not only in formal sense, i. e. the systematization of legal categories and concepts formulation but also the analysis of legal phenomena, wider and deeper inquiry into those phenomena. This necessity of theoretical inquiry testifies, that law is not something unnatural and neutral; for it regulates conflicting interests and the science of law analyzes them, therefore neither in practice nor in theory a lawyer cannot ignore the fact that law brakes into social space and that he himself performs this intervention. For these reasons law is the process of permanent thinking when new and contrary opinions clash. The unity of legal practice and science is necessary. A lawyer has to balance each actual situation on the scales of law concept. It is necessary to look for the concept of law not only in practice but also in theoretical discussions in order that it could be "alive".

Original languageLithuanian
Pages (from-to)43-49
Number of pages7
JournalLogos (Lithuania)
Issue number75
Publication statusPublished - 2013

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ASJC Scopus subject areas

  • Arts and Humanities(all)
  • Cultural Studies

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