Aristokratinei valstybei alternatyvių junginių teisės vaidmuo įgyvendinant teisinės valstybės doktriną Lietuvos Didžiojoje Kunigaikštystėje.
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The object of this research is the law created and enforced by different selfgoverning institutions such as the Church, the town, province and village communities in Lithuania in the Middle Ages. The author examines what was the contribution of this law to the realization of the law-governed state model in the Grand Duchy of Lithuania. The author believes that this problem can be viewed through the prism of the competition of these communities and their law with the aristocratic Lithuanian state and the law created and ruled by noblemen. This aspect is not considered in the known scientific studies. Pluralism of law is highly preferable as an idea and in practice in law-governed states, because some regress of this conception in one community can be compensated by a progress in any other community. The author thus aimed to advance the hypothesis that favourable conditions for the law-governed state conception in Lithuania in the Middle Ages potentially existed. On the basis of published historical sources and research papers, the author established that the canon law and the official Church doctrine were preferred in the law-governed state model. As the Roman Catholic Church was in severe competition with the Greek Orthodox Church and other self-governing religions communities, the secular authority, however, improved the opportunity to increasingly extend the rights of noblemen at the expense of craftsmen, merchants and peasants. Some progressive rules of the canon law were not realized in the State law. The self-will of the aristocratic authority with respect to all other communities could not be effectively restricted by the Statutes of Lithuania because the rule “the State institutions can do only what the Statutes provide and citizens can do everything what is not prohibited by the Statutes” was in force for noblemen only. The author aspires to throw light upon self-governing province and village institutions, which were ruled by the custom law and had contractual legal relations with the aristocratic state authority. The author believes that the main principles of this law were collectivism and the social solidarity. This question has not been investigated in Lithuanian legal literature up to date. The author established that any university in the Middle Ages was a self-governing professional institution similar to the guild. Doctors and scholars, like merchants or craftsmen, elected the rector and some other officials, who governed and administered justice. Mostly university was an integral part of the town. Doctors and scholars, in spite of their origin, could exercise their rights on equality with citizens of the town. The author believes not the town community, but an academic community free of inherited privileges and duties is the real prototype of the modern open society.
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