Prigimtinės teisės socialiniai dėsningumai.
MetadataShow full item record
In the 19th article The Constitution of the Republic of Lithuania indicates, that “human’s rights and freedoms are natural”. The revelation of content of law naturalness becomes not only doctrinal, but also practical problem, because the concept of law naturalness consolidated by positive law releases the law from possible voluntaristic lawlessness of legislator. Whereas the Constitution is the act of direct practise, and practicians need to define the law as natural and to find out basic features. Though, it is not easy to do that in the context of all constitutional values, therefore, it is necessary to seek for certain united criterions which defines natural laws. The definition of law returns autonomy for the law not only as science, but also as social process, isolating it from ideology, politics and other voluntaristic instruments. To frame the definition of law, as it can be seen from this term, means to draw the border, to distinguish one thing from another. The necessity of that borders feel these, who perfectly know the daily usage of language, but cannot indicate or clarify features distinguishing one thing from another. In the article, before discovering the point of departure – the conception of the law, various better understandable questions are raised, thus the nature of law is sought and discovered in social appearances, which as initial cognitive points of departure are analysed. The article tries to “decode” the signs and concepts of law having nominal meaning and to compare them with scientific concepts. The conception of positive law at one ties the right with the law, i.e. formalization of law, determination of it. Just determined law can have its shape – the law in common sense. The State to the essence of positive law, as legal category, enters as the subject of lawmaking (natural law is changed to positive) and as guarantee of necessity of legal imperatives. The competence of natural law in this range restricts to declaring of humanistic ideas (legal ideas). It shows, which values should state turn to conventional regulation of behaviour and how much it can be limited. On the other hand, it is indicated, that the purpose of contemporary democratic state is not just reassurance of above-mentioned rights, because recently inthe society other important concerns for person are emphasized. The values of law are related with public interests. Western civilization and world-view orients to separate human needs, interests, his relations with other persons and their internecine services, cultural interchange. Human’s personal and political rights and freedoms, his interests are the basic object of purpose and protection of modern democratic state.
- Straipsniai / Articles