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Lawyers canon of the philosophical knowledge
Type of publication
Straipsnis recenzuojamoje Lietuvos tarptautinės konferencijos medžiagoje / Article in peer-reviewed Lithuanian international conference proceedings (P1e)
Title
Lawyers canon of the philosophical knowledge
Publisher (trusted)
Vilniaus universitetas |
Date Issued
2014
Extent
P. 43-54
Is part of
Integrating social sciences into legal research : international conference of PhD students and young researchers : 10-11 April 2014 : conference papers [Elektroninis išteklius]. Vilnius : Vilnius university, 2014. ISBN 9786094593048.
Field of Science
Keywords
Abstract
The high qualified lawyer ought to be characterised not only by good technical skills, but also by good professional comprehension of theoretical law foundations. The three most important qualities of legal norms discussed in the philosophy of law are meaningful to legal practice: I. The link of legal norms content with the moral values; II. The grounds of the legal norms system autonomy; III. The efficacy and power of law (the origion of motivation to respect the law by the legal addressee). The first quality unfolds within natural law theories (I. Kant, J. Messner, H. G. Hegel and others). These theories reveal the essence of freedom, help to frame the catalogue of basic human rights and freedoms, explain on which theoretical ground the right to choose the models of action is ascribed to the human being. The second quality unfolds within the hermeneutical- historical law approach. (H.-G. Gadamer, Ch. Taylor and others). This philosophical explanation of legal norms origin helps to understand the deep reasons of legal issues, conflicts and also expose on what political decisions and ethical attitudes these conflicts may be overcomed and guarantees respect to the law itself by legal subjects (the rule of law). The third quality unfolds within the positivistic-procedural law approach (J. Bentham, H. Kelsen, H. L. A. Hart, J. Habermas and others). These theories explain why and for who it is necessary to separate legal norms and moral norms as well as the theories expose by which mode lawmaking operates as autonomic process. Moreover, the theories are the grounds of the relationship between democracy and law, formulate fundamental principles of all procedural law institutes.
Type of document
type::text::conference output::conference proceedings::conference paper
ISBN (of the container)
9786094593048
eLABa
3262938
Coverage Spatial
Lietuva / Lithuania (LT)
Language
Anglų / English (en)
Bibliographic Details
19