In the history of Lithuania during the period between the two world wars, the criminal law sources were received from Russia (Criminal Statute of 1903) and adapted for the requirements of those States, where the conditions of life were notably different from those in Lithuania. The Criminal Statute of 1903 was the main criminal law source in Lithuania until 1940. Prior to the second occupation—the return of the Soviets—tens of thousands of Lithuanian citizens fled to the West, including a (...) very large segment of the intelligentsia, university lecturers, professors and many lawyers. The lawyers in emigration were very socially active and founded a paper of law research—“Teisininkų žinios.” The article deals with the works and research of the emigration lawyers B. Nemickas, V. Vaitkevičius, P. Raulinaitis,V. Rastenis, D. Krivickas and others, in which they deal with the problem of Soviet criminal law. The lawyers analyse the sources of Soviet criminal law, which was the criminal law source in occupied Lithuania. (shrink)

The article describes the publications of 1945–1990 in the Lithuanian emigration press, reflecting the efforts to use the intellectual potential of Lithuanian emigration in the future in order to reconstruct the Lithuanian political-social system and public relations after breaking away from the Soviet Union. One of the tasks of higher importance the emigration considered was the search for the proper future legal regulation in the sphere of ownership relations, taking into account the essential reforms in this sphere (...) that have been made in Lithuania by the Soviet authority. The discussions in the field of ownership relations began practically from the beginning of the second Soviet occupation after the representatives of Lithuanian residents retreated to the West. The most active discussions were held during the sixth-seventh decades. The eminent interwar period Lithuanian specialists in conformable fields expressed their opinion in the press. (shrink)

Over the past few years, universities in Lithuania have make changes to the legal study programs—obligatory subject Criminology moved to list of alternative optional subjects. Therefore, is increasing the number of new lawyers, who have not studied criminology, which thinking about criminals, crime victims, crime, its causes and successful impact on crime, is based on stereotype understanding of a few centuries ago. However, the new lawyers, being professionals, pre-trial investigators, advocates, prosecutors, judges play a crucial role in criminal (...) proceedings, to decide the fate of people, how to use public resources for crime control and prevention. They will make speeches during the hearing in courts savour of their complete incomprehension of processes speaking about. Purpose of the article is to assess what criminological competencies are important to lawyers today, what are the possible consequences for the Lithuanian society if lawyers do not acquire these competencies. There are used the methods of analysis, aggregation, comparison and others. (shrink)

The article describes the main publications of emigrant press during the period of 1945-1990. These publications reflect a significant contribution to the academic research of the constitutional development problematics of an independent Republic of Lithuania in 1918-1940, made by the emigrants who escaped Soviet aggression by going to the West. Among emigrants these topics were mostly analysed and described at the time when any possibilities of objective academic research in Lithuania were widely limited by Soviet ideology and politics. Exceptional (...) attention of emigrant authors was attracted by the democratic constitutional structure of Lithuania, established by the Constituent Assembly. The article describes the academic research made by emigrants on the main constitutional acts established by the Constituent Assembly, such as the resolution of the 15th of May, 1920, ascertaining the fact of reconstructing the independence of the state of Lithuania, as well as the Constitution of Lithuania of August the 1st, 1922. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which spans (...) hundreds of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

The article deals with a specific type of contract that an heir is entitled to conclude—the transfer (or sale) of the rights of succession. As a starting point, the author of the article analyses the formation and further development of the transfer of succession as a whole (hereditas) in the Roman law. Two major proceedings used by Roman lawyers for the purposes of the alienation of hereditas are analysed, one being in iure cessio hereditatis and the second taking the (...) form of emptio venditi hereditatis. The interrelations between this kind of transfer and the recognition of the possibility of the assignment of rights (cessio) under the Roman law are pointed out. The author traces the impact of the principles developed by the Roman law on the legal regulation of the contract in question in modern codification by drawing attention to the French Civil Code and the Civil Code of Quebec. The author states that the legal rules on the sale of the rights of succession contained in the new Lithuanian Civil Code adopted in 2000 have been transposed, to a large extent, from the two abovementioned codes. After analysing the object of this contract, the author concludes that it is the sale of a certain incorporeal property (res incorporales) that is meant by the terms ‘succession’ (hereditas) or the ‘rights of succession’. This feature distinguishes the analysed contract from the ordinary contracts that an heir may conclude for the purposes of the alienation of specific objects making part of the succession. (shrink)

Legal English, being among the most complex and multifaceted areas of English for Specific Purposes, has duly received considerable attention on the part of linguists, discourse and learner needs′ analysts, sociolinguists and ESP researchers. Most research has been carried out to investigate lexical, syntactic, grammatical and other communicative competences of law students in various cycles of higher education. An area that is still highly in need of examination is the development of communicative competences of Legal English among law practitioners who (...) might have had a course of Legal English in their law studies and face with an urge of revision or might have not been introduced to Legal English whatsoever. In light of these observations, the present study examines the needs and problems regarding the use of general and legal English faced by 34 law practitioners, namely lawyers and judges working at two law companies and a district court in Kaunas, Lithuania. The study assumes qualitative methodology including a semi-structured interview and a questionnaire. The results have revealed that communicative competence of legal practitioners gained during their formal education does not meet the demands of their legal practice. While skills of general English appear not to cause many problems, skills of legal English are not developed to an adequate level. Therefore, as the study shows, it is absolutely inevitable to develop and offer in-service education of Legal English carefully attuned to the diverse levels of competences and needs of legal practitioners. (shrink)

Not only in Lithuania, but also in the other countries, there is a growing tendency among young people to choose a legal education. Law is a professional sphere of immense depth and breadth and it is evident that during several years in a school of higher education, designed to grant legal knowledge and skills, it is impossible to convey all aspects and nuances of the law. Legal education in a higher school is only the beginning of a lawyer’s education, while (...) on the other hand it provides a unifying experience among practising lawyers. Consequently, university law schools preparing lawyers certainly provide an important contribution to the creation of a legal state, while providing skills, modelling values and shaping attitudes for future judges, state officials, prosecutors, attorneys and other persons responsible for the implementation of legal mechanisms necessary for the proper functioning of the state. (shrink)

Salomon Maimon, a Lithuanian born philosophical autodidact who emigrated to Germany in the late eighteenth century, plays an increasingly important role in the research of classical German philosop...

A practising lawyer is not always aware of the fact that case decisions are more determined by legal doctrine – attitudes of authoritative lawyers and scientific legal discussion of other forms – than by changes in positive law. Regulations of specific case decisions are directly reliant on the ideas and statements of legal discussions – as one of the factors influencing the decisions of the courts. During the twenty years of independence, the form, content and argumentation of the (...) class='Hi'>Lithuanian court judgments has fundamentally changed, especially with regard to the understanding of the courts (the judiciary) in terms of how unrestrained they are when interpreting a legal text and making decisions. The judicial discretion to interpret a legal text is treated diversely in various legal traditions and within the scope of the western legal tradition itself. In common law countries, the competence of a judge to deviate from a legal text or to create their own legal framework is treated with much greater understanding. In civil law tradition, the attempts of judges to take over the functions of the legislature are usually considered more critically. Even the representatives of comparative law emphasise that judges in civil law tradition countries tend to call the creation of legal rules differently – mostly as interpretation of the law. The discussion on the power of judges to create law through its interpretation has been taking place everywhere and at all times. Judicial discretion in decision-making is not due to individual factors such as era, social structure, cultural background, but is determined by some other factors that are not easy to identify. The interpretative activity of the courts is also influenced by the prevailing doctrinal regulations of judicial activity. It is the changes of the Lithuanian legal doctrines that could have encouraged the courts to determine the scope of their activity in the direction of its growth. After the restoration of independence, the Lithuanian legal community began an active discussion on whether legal positivism was the correct form of legal understanding. Studies appeared, in which legal positivism was seen exclusively negatively, reminding that it was specifically this legal concept that had eliminated values from law and was likely to be blamed for the ills of humanity such as the Holocaust or genocide. Numerous publications emerged calling judges to be active and reminding them to check every rule of law in accordance with its consistency with the principles of law and to disapply any rule of law that did not meet this requirement. Almost universally, lawyers (and especially the courts) were encouraged to move from mechanical (a priori improper) application of the law to the creative (a priori the best and aspirational) one. The courts were encouraged: they started to freely interpret legal rules, under which the legislature established their competence; although court judgments have become more reasoned, this did not prevent them from applying speculative or ambivalent arguments; criticism could be expressed to courts due to lengthy processes that are, objectively looking, not required, and for low activity in exercising their powers to prevent abuse of law. Respect for the legislature directly responsible for creating legal rules and taking care of legal protection, judicial recognition that a court should deviate from the legal text or otherwise create new rules only when it is objectively inevitable, and lawyers’ societal openness to discussion on various issues – these can become conceptual prerequisites for higher confidence in the courts. (shrink)

This paper contributes to the understanding on the reasons that lead to entrepreneurship in other countries. We focus on expat-preneurs, those who decided to undertake business opportunities in other countries (before or after settling there). Using comparison analysis and logistic regression, we examine pre-departure and transitioned expat-preneurs’ demographic characteristics and push-pull factors that lead them to expatriate. From a survey conducted in 2015-2016 of 5,532 Lithuanians expatriated in 24 countries, a sample of 308 respondents with their own businesses abroad was (...) selected. This research contributes to the literature on expat-preneurs, with empirical evidence on pre-departure and transitioned self-initiated (SI) expat-preneurs. The results revealed that demographic features matter when studying such global entrepreneurs. It is a process experienced differently by males and females and, as such, it can be considered as gender selective. Thus, more pre-departure expat-preneurs are male than female, but there is a growing number of female transitioned expat-preneurs. Pre-departure expat-preneurs are older and less educated than transitioned ones and have been pushed to move abroad by issues such as political corruption or a non-supportive tax system, and are attracted by a higher possibility of self-realisation as well as the prestige of the host country. Meanwhile, transitioned expat-preneurs have been pushed to emigrate due to family reasons or too few employment opportunities in their home country. (shrink)

This article will investigate the ways in which Polish illustrated press contributed to communicating and reporting the work of Polish émigré naturalists working in Latin America to the Polish general public living in the Prussian, Russian and Austrian partitions of the Polish‐Lithuanian Commonwealth 1844–1885. It examines the ways in which illustrations were used to shape the public's opinion about the significance of these migrants’ scientific achievements. The Polish illustrated press, its authors and editors were instrumental in shaping the public's (...) perceptions of the reach of Polish scientists, and exploring their impact on broader scientific debates, thereby situating Polish people and their work in a global context. The didactic and opinion‐making role of the illustrated press was highly influential among Polish audiences during this period, at a time when the survival of Polish identity, culture, language, and education was uncertain. Illustrated weeklies were one of the vectors through which high science was made accessible to the Polish public. A study of pictures in Polish illustrated press will help to explain how they contributed towards shaping the images in the public eye of naturalists’ scientific work, and discourses about science and its actors more broadly. (shrink)

During the 15th century the Cracow University had become a major intellectual centre in central Europe. It was especially important in educating lawyers and administrators for the Polish-Lithuanian state as well as the higher clergy: as a result, special stress was put on legal and theological studies. The faculty of Liberal Arts (Philosophy), though less prized, also took part in the intellectual life of the Latin Europe, becoming home to representatives of most philosophical schools of the late Middle (...) Ages. Scotism was one of the last medieval schools to arrive in Cracow. It was introduces there by Michael Twaróg of Biestrzyków, who studied the doctrines of scotism in logic and metaphysics. His main source was not Duns Scotus, however, but his pupils and followers, notably Antonius Andreae, whose "Quaestiones super XII libros Metaphysicae" was a book widely read in Cracow since 1489. Antonius' solutions on the division of sciences, the subject-matter of metaphysics, the concept of being, etc. were accepted also by Nicholas of Michałowice, Martin Kulap of Tarnowiec, John of Głogów, and John of Stobnica. Some of them tried to combine some scotist ideas with philosophical views of other schools. In logic, the solutions associated with scotism started appearing in Cracow s little earlier – in 1470s – but their influence was weaker than in metaphysics. Again, they were mostly coming from the works of Scotus's followers of the 14th and early 15th century. The group of Cracow logicians influences by scotist opinions included John of Głogów, Michael of Wrocław, Nicholas of Giełczewo and Michael od Biestrzyków, who tried to combine the views of Scotus with those of Peter of Spain in his commentary on "Parva naturalia". Philosophy of nature was the discipline in which the influence of scotism was felt last and least. It is found mostly in the works of John of Stobnica – especially in his commentary on "Parvulus philosophiae naturalis" (1498) – and Simon of Leśniewo, John's pupil, who wrote glossa to the commentary. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Editors’ Introduction“Between the Bible and the Philosophers”: ShakespearePeter Atterton (bio) and Sean Lawrence (bio)It is not clear when Levinas first read Shakespeare, but we do have some clues. The first complete translation of Shakespeare’s works into Russian, Levinas’s mother tongue, appeared between 1865 and 1868. These volumes doubtless graced the shelves of his family’s bookstore in Kovno (now Kaunas), in Lithuania, then part of the Russian empire. Kovno served (...) as capital of one of three губернии gubernias (provinces), but also as the de facto center of Lithuanian intellectual life. The family bookstore catered to the highbrow tastes of government officials and served the needs of teachers and students at the local lycée. One also imagines that it fired the literary imagination of the young Levinas, who taught himself to read Russian at a young age. However, it would have been highly unusual for one so young, even for one as precocious as Levinas, to have read Shakespeare recreationally and self-educationally during this period (1906–1915). It probably was not until he entered the lycée in Kharkov, in Tsarist Ukraine, where his family emigrated at the beginning the Great War, or after his family’s return in 1920 to Lithuania, where Levinas attended the Hebrew lycée in Kovno, that Levinas read Shakespeare for the first time. We know that Russian gymnasiums and technical schools assigned Shakespeare.1 His gymnasium education, between the ages of eleven and seventeen, is therefore the latest point by which Levinas could have read Shakespeare for the first time, though we do not know what or how much.He certainly acknowledged Shakespeare’s influence on his early thought. In an interview broadcast on Radio France Culture in February 1981, Philippe Nemo asked Levinas what were “the first great books” he encountered, “the Bible or the philosophers?” Levinas answered by saying that he read the Bible while very young but only began to read philosophy with any seriousness at university. He proceeded, however, to volunteer a third category of great books, [End Page 1]between the Bible and the philosophers, the Russian classics—Pushkin, Lermontov, Gogol, Turgenev, Dostoyevsky and Tolstoy, and also the great writers of Western Europe, notably Shakespeare, much admired in Hamlet, Macbeth and King Lear.2If we treat this as a chronology, then Levinas would have first read Shakespeare at some time “between” the age of six, when he began reading the Bible and other Hebrew texts with a private tutor, and the age of seventeen, when he enrolled at the University of Strasbourg.A polyglot, Levinas could have read Shakespeare in English as well as in Russian translation, but also in French, German, or Hebrew translation. For that matter, he could have read it in Lithuanian translation.3 We don’t know which French edition he read first or drew upon most closely.4 In Time and the Other, he follows the translation of Émile Montégut for Macbeth but for Romeo and Juliet, as noted in Sean Lawrence’s article, he does not repeat verbatim any of the major translations. When he quotes Shakespeare in English, he follows an original spelling edition. In the notebooks that he kept during imprisonment, and part of which we have translated here, Levinas appears to quote Shakespeare in English from memory, but incorrectly.This error notwithstanding, the Carnets de captivité show the imprisoned Levinas reading widely in English. Perhaps he expected a victory by the anglo-phone powers, or perhaps he practiced a sort of defiance in reading the language of his captors’ enemies, or perhaps he sought to strengthen his understanding of one of the European languages he had neglected in the precocity of his youth. Besides Shakespeare, we find him reading D. H. Lawrence’s Lady Chatterley’s Lover and Charles Morgan’s Sparkenbroke within our selection. Elsewhere in the notebooks, he refers to Arthur Conan Doyle, Charles Dickens, L. Ryder Haggard, Maurice Baring, Millen Brand, Pearl Buck, and Edgar Allan Poe.5 His references range from the cursory—in the case of Brand’s The Outward Room, it consists only of its title and author—to the surprisingly detailed and suggestive. After reading... (shrink)

English summary: The wide-ranging work of Ernst Fraenkel lead to the foundation of postwar political science. In his role as "American in Berlin," Fraenkel helped shape the foundation of modern comparative government theory. Fraenkel's impressive, and in retrospect exemplary, biography, from being a Jewish labor lawyer in the Third Reich to an emigrant to the United States, allowed for him to be described as a commanding figure of the young field of political science of the Adenauer era. Reinhard Dorn (...) illuminates Fraenkel's integrative state and constitutional understanding in two parts. In the first section, he presents foundations and individual components of constitutional-sociological thought, whereby he focuses particular attention on sociological and policy-sociological aspects. The second section documents the performance range of Fraenkel's constitution sociology by comparing Anglo-American and continental European constitutional thinking with its respective constitutional reality, all based on his own interdisciplinary analysis. German text. German description: Die Beschaftigung mit dem breit gefacherten Werk von Ernst Fraenkel fuehrt zu den Grundlagen der Nachkriegs-Politikwissenschaft. In seiner Rolle als Amerikaner in Berlin hat Fraenkel das Fundament der modernen vergleichenden Regierungslehre mitgestaltet. Dabei hat Fraenkels beeindruckende und im Rueckblick exemplarisch wirkende Biographie vom juedischen Arbeitsrechtler und Rechtsanwalt im Dritten Reich ueber den Emigranten in die USA zur Portalfigur der jungen Politikwissenschaft der Adenauer-Ara seine Verfassungsvergleiche erst ermoglicht.In zwei Teilen beleuchtet Reinhard Dorn Fraenkels integratives Staats- und Verfassungsverstandnis: Im ersten Abschnitt stellt er Grundlagen und einzelne Bestandteile seines verfassungssoziologischen Denkens dar, wobei er insbesondere auf soziologische und politiksoziologische Aspekte eingeht. Der zweite Abschnitt dokumentiert die Leistungsbreite von Fraenkels Verfassungssoziologie, indem - ausgehend von dessen eigenen interdisziplinaren Analysen - angloamerikanisches und kontinentaleuropaisches Verfassungsdenken der jeweiligen Verfassungsrealitat gegenuebergestellt wird. (shrink)

After the Provisional Basic Law (Provisional Constitution) had been adopted on 11 March 1990, it soon became clear that it did not meet the new needs of the society and the state. It became clear that the new Constitution had to be drafted promptly. Its drafting was taking place at the time of heated discussions about various things, but especially about the structure of branches of state power, the empowerment thereof and their interrelations. The author of the article was a (...) member of the working group drafting the new Constitution. In his article, the author presents passages from the notes made by him about the sittings of the Provisional Commission for Drafting the Constitution and those of its working group. The notes disclose the variety of the views of the deputies and legal specialists and show the difficult way of emergence of the draft Constitution. This is confirmed by the time-line of drafting the Constitution. In 1990 and at the beginning of 1991, the first draft Constitutions were published, which had been drafted by the members of the societies of Lithuanian philosophers and lawyers, by the Lithuanian Democratic Labour Party, etc. Prior to the resolution of the Supreme Council of the Republic of Lithuania of 7 November 1990, a group of deputies was formed for drafting an outline of the concept of the Constitution. On 22 October 1991, the Council of the Seimas of the Lithuanian Sąjūdis Movement made a statement “On the Restoration of the Institution of the President of the Republic”. On 5 November 1991, the Supreme Council of the Republic of Lithuania adopted a Resolution “On the Development of the Lithuanian Constitutionalism”, whereas by its resolution of 10 December 1991 it formed the Provisional Commission for Drafting the Constitution. On 3 March 1992, the said Provisional Commission approved the draft Constitution that it prepared; it was submitted to the Supreme Council. Three members of the Provisional Commission had submitted alternatives to a number of articles of the Constitution. On 21 April 1992, the Supreme Council assented to the work done by the Provisional Commission and decided to publish the draft Constitution so that it could be discussed by the public. On 6 May 1992, the Lithuanian Sąjūdis Movement, the Democratic Party, the Christian Democratic Party, and the Lithuanian Nationalist Union formed a coalition for drafting an alternative draft Constitution; soon the press published the alternative draft Constitution prepared by the Sąjūdis Movement Coalition “For the Democratic Lithuania”. On 23 May 1992, the referendum on the restoration of the institution of the President of the Republic took place—that referendum did not approve the proposal. Thus, two alternative draft Constitutions appeared. The essential difference between those drafts was a different approach to the system of branches of state powers, their empowerment and their interrelation. The draft Constitution prepared by the Provisional Commission was based on the parliamentary republic form of governance, whereas in the draft prepared by the Sąjūdis Movement Coalition “For Democratic Lithuania” the model of half-presidential republic was dominant. In order to prepare a single draft Constitution, which could then be proposed for the referendum of the Nation, political and legal compromises were sought. For this purpose, the Group for the Adjustment of Constitutional Issues was formed. At the end of September and at the beginning of October 1992, one single (the so-called “compromise”) draft Constitution was prepared from the existing two alternative drafts. The Constitution of the Republic of Lithuania was adopted by the Nation in the referendum of 25 October 1992 and came into force on 2 November 1992. (shrink)

Nowadays ethics plays a vital role in numerous professions. Due to social requirements and technical advances, changes in the accreditation rules in legal, economic, medical and engineering education have emerged in many countries, often requiring the inclusion of an ethics requirement in such professional programmes. In this work, the authors demonstrate that such changes are absolutely necessary in the legal profession in Lithuania. Specifically, the record low level of prestige of the judiciary and lawyers in the Lithuanian society (...) and the fact that lawyers are often accused of legal nihilism, clannish behaviour, and protectionism, demand that legal ethics assumes a far greater role in Lithuanian legal education. It is necessary to stress that the topic of lawyers’ ethical violations and the consequences of such violations is discussed in the society in only in a fragmentary, and not transparent manner; moreover, the significance of ethics in the education and training of lawyers has not been properly evaluated either. Especially having in mind Lithuania’s Soviet heritage (during most of the Communist era there was almost no education on those issues), it becomes obvious that legal ethics must be continuously stressed in the legal profession’s education and development. The importance and relevance of this topic is primarily determined by the current evaluation of lawyers in Lithuania, which shows that lawyers do not fulfil the expectations of the society. This raises a question whether law graduates indeed acquire this system of ethical values as part of the process of obtaining the knowledge and skills that are necessary for a modern lawyer. While analysing the Lithuanian legal documents governing the requirements for legal studies, it has been noticed that a course in legal ethics or lawyer’s professional responsibility is not compulsory either in the qualification requirements for judges, or in the Ruling of the Constitutional Court of 20 February 2008 on legal education for those who want to assume the position of a judge according to the order of law. In the description of legal study programmes, courses on professional ethics are designated as an optional non-legal subject, which is quite different from the legal education systems of other countries, where this type of course is compulsory for future lawyers. Even if this course is taught at Lithuanian higher education establishments, it is limited to the analysis of cases and legal regulation. Insufficient attention to this issue obviously creates the erroneous impression that it is of secondary importance for a lawyer. It should be noted that legal ethical standards, the development of lawyers’ value systems and other problematic questions related to legal ethics have not attracted attention of the Lithuanian scholars either. Therefore, this is a question of the utmost importance for legal education and requires additional research. In global educational and other academic literature, much is being discussed about the methods of teaching ethics, and the place of ethical subjects in study programmes and assessment. It is well worth supporting the research on the development of lawyers’ value systems, in that the lack of such values may influence the evaluation of the practicing lawyers’ satisfaction with their job, self-confidence and belief in the importance of their profession. Obtaining social-ethical attitudes and perspectives helps future lawyers gain more trust in their professional identity and the correctness of their professional work. The main conclusions drawn from the research are the following: (1) the university can and needs to contribute to the development of students’ value systems and this is one of the most important content requirements within the legal study programmes; (2) while teaching ethics, the primary focus must be not on the legal acts regulating ethics, which are changing over time, but on the aim of helping that students themselves have an increased sense of selfawareness and sensitivity to ethical issues in law practice, recognise and understand ethical dilemmas arising in the law, recognise the dominant attitudes in the society towards the role of a lawyer and motivate them to reconsider and discuss the value bases of such attitudes and their change; (3) a course on legal ethics – no matter how perfect it would be – is not the only way to develop a personal value system. In this context, the importance of liberal arts education should be accentuated. Given the research conducted, there is a clear link between the development of moral awareness and the person’s education in general. (shrink)

This article concerns the evolution of philosopher and lawyer Yevhen Spektorskyi’s views on social science in the context of social thought of that time. At the end of the 19th – beginning of the 20th century in Russian philosophy appeared a strong need for a search for an alternative to positivism and Marxism interpretation of sociology, which would enable it to deal with pressing social and ethical issues. Neo-Kantian philosophy became one of those alternatives, and it had a profound influence (...) on Spektorskyi at the beginning of his academic career when he justified the importance of social sciences on the basis of the human ability to set goals. Having been disappointed in a study of oughtness, Spektorskyi turned on genealogical research into social science whose key phenomenon he believed to be the social physics of the 17th century. Spektorskyi reached a conclusion that a mechanical view on the individual and society, which was typical for the modern era thought, could not grasp all the aspects of both a person and a society, therefore, oriented towards natural sciences, social physics had failed. In his own philosophical research, Spektorskyi struggled to cohere the ideal of rational science and a possibility to examine the human as a moral being by developing his classification of sciences and critically rethinking the very basis of the social science. Spektorskyi’s works written in emigration were focused on cultural and religious issues that offered a fresh perspective on social science. He considered Christian philosophy to be an idealistic one and used it as a basis for his own version of Christian sociology that understood society in regard to the Christian ideal of an individual and community.Manuscript received 04.09.2020. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

"Golf day 2005 @ federal golf club, red hill." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (196), pp. 7.

Vytautas Raudeliūnas is Lithuanian law historian, expert of the history of the Great Duchy of Lithuania, pedagogue and Lithuanian patriot. He spent his youth in exile and finished his studies in Russia and in Vilnius. He worked as a fellow in Lithuanian Science Academy, in the Monument Defence Office, the Institute of Culture, Philosophy and Art. V. Raudeliūnas lectured at Vilnius Pedagogical University. He was one of the establishers and publishers of periodical publications “The monuments of (...) class='Hi'>Lithuanian law”, “The studies of Lithuanian law history”. The article describes biography of V. Raudeliūnas, collects and disputes his bibliography and evaluates his contribution to the history of Lithuanian law. The article analyzes V.Raudeliūnas’ biography and scientific activity, as well as the main directions of his research: publications and transcriptions of Lithuanian Statutes; development of law institutes in the Great Duchy of Lithuania; peculiarities of development of Vilnius University. (shrink)

This brief commentary reappraises the issue of emigration of physicians from developing countries to developed countries. A methodological framework is developed for assessing the impact of physician emigration on population health outcomes. The evidence from macro and micro studies suggest that developing countries especially in sub-Saharan Africa would benefit from regulating physician emigration because the loss of physicians can lower quality of healthcare services and lead to worse health outcomes. Further discussion is contained in an e-letter: http://jme.bmj.com/content/early/2013/05/30/medethics-2013-101409/reply.

Between the world wars, Lithuanian notary practice was based on the legal acts adopted from Russia, the Kingdom of Poland, and Germany. The most important was the Russian Notary Law of 1866, which was valid in the largest part of the Lithuanian territory. This law established the so-called approval system, in which the most important acts of the notary as indicated by civil law had to be approved by the senior notary, who worked under the supervision of the (...) county court. In 1919, upon transferring this outdated system into the Lithuanian law practice, only a few provisions were corrected. In addition to the right to collect fees from customers, the notaries had a fixed state remuneration established for them. The provisions for material liability of the notaries were abolished. This withdrawal from the so-called Latin model of notary practice was corrected by the changes to the Notary Law of 1932, which declared notaries as “civil servants without wages”. Thus, starting 1932, payments from the state have been discontinued while more regulation was enforced regarding the daily activities of notaries (e.g. notaries were required to work at least six office hours). Furthermore, the provisions on material liability were revived. (shrink)

While policy makers, international organizations and academics are increasingly aware of the economic effects of emigration, the potential political effects remain understudied. This book maps the nature of the relationship that links emigration and political development. Jonathon W. Moses explores the nature of political development, arguing that emigration influences political development. In particular, he introduces a new cross-national database of annual emigration rates and analyzes specific cases of international emigration under varying political and economic contexts.

Research on the forced migration of Lithuanians to the east of the former Soviet Union in the 1940s and early 1950s throws up a wide range of issues. Methodologically, most of such studies are similar in terms of the sample chosen, which consists of the former prisoners of gulags and exiles who have returned to Lithuania, but it usually disregards those who stayed. Accordingly, the Lithuanian diasporas that emerged in the east after the forced migration, including in Kazakhstan, have (...) not been studied in detail. In this article, our aim is to answer the questions of how and in what private and public contexts processes of the ethnic identification of the Lithuanian diaspora in Kazakhstan are determined, how ethnic boundaries are drawn, and what cultural and social resources are used for this purpose. As the research revealed, the conceptualisation of ethnicity implied by the Kazakhstan state that has been adopted by our informants eliminates its cultural content, or at most reduces it to forms evident in festive culture, as well as the need and possibilities for its expression. As a result, ethnic identity is constructed on the basis of what is almost the sole criterion: Lithuanian descent in the form of ‘root’ or ‘blood’. For most of our informants, ‘roots’ are just a fact of origin, as shown in the practice of entering Lithuanian ethnicity in personal documents, an officially required practice which does not have and does not presuppose any enactment of ethno-cultural differences. Ethnicity, which is seen as ‘in-rooted’ but also as culture-less and as muted by a doubling of roots among ethnically mixed families of origin, enables a whole spectrum of manipulations of ethnic identity. One such manipulation is attempting to profit from the Lithuanian ethnic identity by turning it into a resource for acquiring benefits. The practice of profiteering from the Lithuanian ethnic identity, and thus its transformation into a resource for gaining benefits in the forms of Lithuanian citizenship and a hope of being repatriated to Lithuania, is probably the most frequent factor in becoming Lithuanian by remembering Lithuanian roots and activating the Lithuanian ethnic identity. (shrink)

For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the (...) U.S. is drastically contracted. Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession. (shrink)

(1992). Emigration and return in the zajecar region. World Futures: Vol. 33, Culture and Development: European Experiences and Challenges A Special Research Report of the European Culture Impact Research Consortium (EUROCIRCON), pp. 143-153.

This article focuses on a study of historical emigration from the 1960s onwards, showing the importance of intercultural interaction. Due to the poverty, hunger and precarious living conditions that existed in Madeira Island, many young people saw emigration to South Africa as a means of escaping a difficult life. Arduous jobs due to their limited qualifications, as well as legal constraints and an inability to understand the language, were just some of the barriers encountered by these emigrants. By interviewing 15 (...) persons from different generations of emigrants (first and second-generation), it was possible to gather information about the reality Madeirans have faced in South Africa. The graphematic transcription of semistructured interviews plays a very important role in the effective recording of these data, guaranteeing their comparability, analysis and discussion. The compilation of the empirical corpus, with the informed consent obtained from the interviewees, respecting their privacy and guaranteeing their anonymity allows us to perform a sociocultural and linguistic study. The study took into account intercultural personal reports of informants coming from different locations of the Island, age groups, genders, and schooling. Even though the impact of the South African culture, language and society was noticeable, the presence of the Portuguese language, music, religion, tradition, and Madeiran food were very strong, due to the fact that the Portuguese community was united. (shrink)

Just Lawyers proposes a model for the regulation and organization of lawyers, guided by an ideal of access to justice. It is grounded in empirical analysis of why people complain about lawyers, the nature of existing legal institutions, and the ethical ideals of the profession. Parker weaves the normative theory of deliberative democracy with the empirical law and society tradition of research on the limits and possibilities of law. She shows that access to justice can only occur (...) in the interaction between courtroom justice, informal everyday justice, and social movementpolitics. Lawyers' justice should educate people's justice to improve the justice quality of everyday relationships and transactions, while community concerns (including community access to justice concerns) should reshape lawyers' regulation, organization, andpractices to improve substantive justice. Just Lawyers shows how legal proffesionalism can only be revitalized through the reform of access to justice beyond lawyers. (shrink)

This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.

This chapter focuses on white colonial emigration and the settlement of the British and Irish following the loss of the first British Empire. In particular, it examines the British imaginative engagement with the figure of the colonial settler as a casualty of war, industrialization, and poverty, as well as an economic migrant who nevertheless appeared to signify the potential for the recuperation of British society in the future. The chapter is also concerned with the role of the Romantic writers and (...) literature in the new national imaginative investment in colonial settlement. It furthermore discusses Tory arguments and policy making, which encouraged state involvement and planning of the colonization of the white-settler territories in New South Wales, Canada, the Cape, and New Zealand. This Tory strain of British imperialism was issued out from the Romantic critique of classical political economy and the Romantic assault on Malthus’s non-interventionist stance on poverty. In contrast to the liberal economists, proponents of the Tory arguments advocated the active involvement of the state in managing poverty, and the export of the excess of the population to the overseas colonies. By focusing on the Tory outlook and its implications for the settler colonies, including the imaginative dimension of the literary writers, the chapter gives a profound understanding on the strand of imperialism that evolved together with the nineteenth-century imperial liberalism, yet substantially differed from it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 127-141 [Access article in PDF] Lawyers, Ethics, and To Kill a Mockingbird Tim Dare I Lawyers are widely thought to be callous, self-serving, devious, and indifferent to justice, truth, and the public good. The law profession could do with a hero, and some think Atticus Finch of Harper Lee's To Kill a Mockingbird fits the bill. 1 Claudia Carver, for instance, urging (...) lawyers to adopt Atticus as a role model, writes: "I had lots of heroes when growing up.... Only one remains very much 'alive' for me.... Atticus made me believe in lawyer heroes." 2 Not everyone endorses Atticus's nomination. Most influentially, Monroe Freedman argues that Atticus is hardly admirable since, as a state legislator and community leader in a segregated society, he lives "his own life as the passive participant in that pervasive injustice." 3Although there is plainly disagreement between Freedman and his opponents, there is also an important point of consensus. Both sides to the debate accept that Atticus's suitability as a role model is settled by his character. Freedman argues that Atticus should not be a role model because he is not the admirable figure he is made out to be: appointed counsel to an unpopular defendant, Atticus admits that he had hoped "to get through life without a case of this kind" (p. 98). He excuses the leader of a lynch mob as "basically a good man" who "just has his blind spots along with the rest of us" (p. 173). He sees that "one of these days we're going to pay the bill" for racism, but hopes that payment, and so justice for blacks, will not come during his children's life times (pp. 243-44). 4 On the other hand, a leading Atticus supporter, Thomas Shaffer, argues that Atticus shows us precisely that what matters in professional ethics is character rather than moral principle: [End Page 127] One thing you could say about Atticus is that he had character.... We say that a good person has character, but we do not mean to say only that he believes in discernible moral principles and, under those principles, makes good decisions. We mean also to say something about who he is and to relate who he is to his good decisions. When discussion proceeds in this way, principles need not even be explicit. We can say, "How would Atticus see this situation?" or "What would Atticus do" rather than, "What principles apply?" 5So understood, the debate about Atticus connects with the recent resurrection of virtue ethics and with concomitant suggestions that a virtue or character-based ethics might provide a particularly promising approach to professional ethics in general and to legal ethics in particular.In the following essay, I argue that this character-based appeal to Atticus is misplaced. Although Atticus can teach us important lessons, they are not about the priority of virtue or character. Neither side to the debate has Atticus quite right. Sorting out what it is about him that makes him an appropriate or inappropriate role model for lawyers will both enrich our appreciation of a fine novel and further our understanding of what it is to be an ethical lawyer. More generally, my analysis will suggest that virtue ethics has little to offer toward an understanding of the moral responsibility of lawyers. II In brief, To Kill a Mockingbird is the story of the trial of a black man, Tom Robinson, for the rape of a white woman, Mayella Ewell, in racist Alabama in the 1930s. Appointed to defend Robinson, Atticus Finch takes the task seriously, drawing upon himself and his children the slurs and taunts of neighbors. At trial he proves that Robinson could not have raped Mayella, showing that her attacker was left-handed with two good arms, whereas Robinson had lost the use of his left arm in a cotton-gin accident. Robinson is convicted nonetheless. The verdict does not surprise Atticus. Racism, "Maycomb's usual disease" (p. 98), has made it a forgone conclusion. Indeed, shortly afterward, Tom is... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 127-141 [Access article in PDF] Lawyers, Ethics, and To Kill a Mockingbird Tim Dare I Lawyers are widely thought to be callous, self-serving, devious, and indifferent to justice, truth, and the public good. The law profession could do with a hero, and some think Atticus Finch of Harper Lee's To Kill a Mockingbird fits the bill. 1 Claudia Carver, for instance, urging (...) lawyers to adopt Atticus as a role model, writes: "I had lots of heroes when growing up.... Only one remains very much 'alive' for me.... Atticus made me believe in lawyer heroes." 2 Not everyone endorses Atticus's nomination. Most influentially, Monroe Freedman argues that Atticus is hardly admirable since, as a state legislator and community leader in a segregated society, he lives "his own life as the passive participant in that pervasive injustice." 3Although there is plainly disagreement between Freedman and his opponents, there is also an important point of consensus. Both sides to the debate accept that Atticus's suitability as a role model is settled by his character. Freedman argues that Atticus should not be a role model because he is not the admirable figure he is made out to be: appointed counsel to an unpopular defendant, Atticus admits that he had hoped "to get through life without a case of this kind" (p. 98). He excuses the leader of a lynch mob as "basically a good man" who "just has his blind spots along with the rest of us" (p. 173). He sees that "one of these days we're going to pay the bill" for racism, but hopes that payment, and so justice for blacks, will not come during his children's life times (pp. 243-44). 4 On the other hand, a leading Atticus supporter, Thomas Shaffer, argues that Atticus shows us precisely that what matters in professional ethics is character rather than moral principle: [End Page 127] One thing you could say about Atticus is that he had character.... We say that a good person has character, but we do not mean to say only that he believes in discernible moral principles and, under those principles, makes good decisions. We mean also to say something about who he is and to relate who he is to his good decisions. When discussion proceeds in this way, principles need not even be explicit. We can say, "How would Atticus see this situation?" or "What would Atticus do" rather than, "What principles apply?" 5So understood, the debate about Atticus connects with the recent resurrection of virtue ethics and with concomitant suggestions that a virtue or character-based ethics might provide a particularly promising approach to professional ethics in general and to legal ethics in particular.In the following essay, I argue that this character-based appeal to Atticus is misplaced. Although Atticus can teach us important lessons, they are not about the priority of virtue or character. Neither side to the debate has Atticus quite right. Sorting out what it is about him that makes him an appropriate or inappropriate role model for lawyers will both enrich our appreciation of a fine novel and further our understanding of what it is to be an ethical lawyer. More generally, my analysis will suggest that virtue ethics has little to offer toward an understanding of the moral responsibility of lawyers. II In brief, To Kill a Mockingbird is the story of the trial of a black man, Tom Robinson, for the rape of a white woman, Mayella Ewell, in racist Alabama in the 1930s. Appointed to defend Robinson, Atticus Finch takes the task seriously, drawing upon himself and his children the slurs and taunts of neighbors. At trial he proves that Robinson could not have raped Mayella, showing that her attacker was left-handed with two good arms, whereas Robinson had lost the use of his left arm in a cotton-gin accident. Robinson is convicted nonetheless. The verdict does not surprise Atticus. Racism, "Maycomb's usual disease" (p. 98), has made it a forgone conclusion. Indeed, shortly afterward, Tom is... (shrink)

The European emigration on the other side of the Atlantic was a complex phenomenon. The areas inhabited by Romanians got acquainted to this phenomenon towards the end of the nineteenth century and the beginning of the twentieth. Therefore, starting with the year 1895, a certain mixture of causes led to a massive migration to America, especially of the Romanians from the rural areas. The purpose of our study is to explore the causes of the Romanian emigration across the ocean up (...) to the First World War to present the Romanian emigrants' features (occupation, age, gender, social status, religious affiliation, the way they were distributed across the North-American territory) and to bring forth essential aspects of the way they embraced the assimilation process. From a methodological standpoint our analyses are based upon official data of the US Census. This data is being interpreted in the light of some reference papers referring to the period that makes the object of our study. A certain amount of information presented here relies on our research activity in the Metropolitan Archives of Sibiu, where the ecclesiastic correspondence of that time provides very interesting data.  . (shrink)

Kenneth Kai-chung Yung’s Chinese Émigré Intellectuals and Their Quest for Liberal Values in the Cold War presents the philosophical and political development of Chinese intellectuals who fled the mainland after the Communist takeover in 1949. Focusing on Yin Haiguang 殷海光, Zhang Junmai 張君勱, and Xu Fuguan 徐復觀, the author provides a comparative account and comprehensive overview of the many facets of intellectual discourse among Chinese post-war philosophers and public intellectuals.Yung’s book is structured into five chapters. While the first two chapters (...) introduce the reader to the general trends and historical circumstances of the post-war intellectual sphere, the ensuing chapters... (shrink)

In this paper I discuss Gillian Brock’s and Michael Blake’s discussion of emigration in Debating Brain Drain in relation to the particular case of South Africa, and explore whether skilled white people have a duty to remain in the country. Focusing on the role of community in this debate, I argue that communities and allegiances in South Africa are still too divided and antagonistic for them to play the duty-grounding role that Brock requires.

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and (...) how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law. (shrink)

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does (...) not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)

Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also (...) discusses the ethical and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation. (shrink)