The existential insecurity of human beings has induced them to create protective spheres of symbols: myths, religions, values, belief systems, theories, etc. Rationality is one of the key factors contributing to the construction of civilisation in technical and symbolic terms. As Hankiss (2001) has emphasised, protective spheres of symbols may collapse – thus causing a profound social crisis. Social and political transformations had a tremendous impact at the end of the 20th century. As a result, management theories have been revised (...) in order to deal with transition and uncertainty. Francis Fukuyama's (2000) approach is supportive of hierarchical organisation as the best solution when facing a 'disruption'. The notion of Homo Hierarchicus has been based on, allegedly, rational presumptions. This paper contributes to the discussion on hierarchy within contemporary organisations. It criticises so-called 'natural' and 'rational' necessities justifying hierarchy. A key issue identified by the paper is the formalisation of language in claiming value-free knowledge and 'detached' observation as the basis for neutral rationality and aspired efficiency. This should be seriously reconsidered as hindering rather than aiding understanding of social complexity. All in all, Homo Hierarchicus appears to be misleading rather than helping symbolic sphere or construct. (shrink)

The article aims to assess whether the procedural innovations introduced by the reform of the civil procedure law of the Republic of Lithuania have brought changes in judges’ behaviour, which the reform intended to achieve. The study analyses the driving reason behind the reform of the civil procedure law, its objectives, and the ways the five innovations brought about by the reform changed the behaviour of the judges. The analysis of the legal sources and the empirical study show that some (...) of the innovations introduced by the Civil Procedure Code have not yet been properly assimilated and that the code, which has been in force for twenty years, is still not fully operational and understood. (shrink)

The present article aims to show the effects that the coalescence of liberal democracy and globalisation has on the law as a social institution. The law as a social institution is one of the key foundations for the social integration of modern society, which is why we may suggest a reasonable assumption that the role of the law in modern Western societies should be growing in significance. However, the coalescence of liberal democracy and globalisation is a consequence of the evolution (...) of modern Western civilisation and the main context of its further development that gives feedback to the very development process. The analysis of the crisis of the financial capital makes us question the previous assumption because the essence of the law as a social institution lies not in its legal regulation but in its self-regulation that should increase the society’s trust in different institutions, including the financial capital. The present research makes an attempt to answer the following questions: 1) what is the traditional role of the relationship between society and the law as a social institution? 2) what are the most important social consequences of the coalescence of liberal democracy and globalisation? 3) what is the significance of the legal culture under the circumstances of the coalescence of liberal democracy and globalisation? These questions have determined the structure of this paper. (shrink)

The author tries to explore several new amendments to the penal code of Lithuania, made by the Law on 2 December 2010. The first amendment concerns article 72 of the Penal code of Lithuania (confiscation of property). Prior to the year 2003, confiscation of property implied the right of the court to confiscate any property in possession of the sentenced person. However the Penal code of 2003 set up a new concept of confiscation: just proceeds of the crime or objects (...) intended to be used in committing a crime should be confiscated. However practice was very poor. New law aimed at boosting practice of confiscation, particularly from third persons, to whom usually the offender transfers property. Previous wording of the law provided for that the property should be confiscated from the third person just in case the person knew or could know that the property that he possesses is from a crime. The law of 2010 added new alternative conditions. (shrink)

The paper deals with the paradox that rationality demands rational substantiation which can’t be given in principle. Thus it is argued that only intuition can prevail against skepticism and subjectivism. But intuition is "transcendent" to rationality and therefore its acceptance as the substantiation of rationality implies existence of transcendental reality. In itself it has infinite regress qua infinite reiteration of reality levels without any qualitative ontological alteration, therefore only infinite transcendence is able to ground a finite immanence.

This book takes part in the current revival of social-scientific interest in the study of moralities by seeking to introduce as its foundation a cross-civilizational framework that makes it possible to subject all traditions seeking to induce socially responsible behavior, both religious and secular, to systematic investigation.

The present article explores the inner tensions of the legal culture in consumer society as a consequence of the interaction between democracy, liberalism and market economy under globalization. The interaction between democracy and modern political thought has given rise to liberal democratic society, moral and religious pluralism, and modern law. The interplay between liberal democracy and the market (“new liberalism”) has generated the idea of “instrumental reason”, whose penetration into many realms of life has transformed the structure of society and (...) democracy itself: consumer society and a dangerous tendency of social decline prevail. Under the expansion of globalization and social decline, instrumental law may not be enough to ensure the functioning of society. Consumer society does not understand modern law and thus renders it inefficient. (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation and the (...) calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

According to the general rule explaining apparent authority, if the behaviour of a principal gives reasonable grounds for the third party to think that the principal has appointed the other person to be his agent, contracts concluded by the third party in the principal’s name shall be binding on the principal, notwithstanding the fact that the agent was not authorised by the principal to conclude particular contracts. In the absence of evidence of apparent authority the agent shall have to redress (...) the damage incurred on a third party in cases where the third party was not aware, and was under no obligation to be aware, of circumstances that the person acted in other person’s name without their express authorisation or in excess of their authority. The principal shall be liable for actions of the apparent agent if the following three requirements are proven: words or conduct of the principal caused the impression of authority; third party could reasonably presume the existence of sufficient authority; third party acted in good faith. The third party’s legitimate expectations must be aligned with the principal’s will in order to apply the doctrine of apparent authority efficiently. (shrink)

The recent Lithuanian court practice shows discrepancies in cases dealing with partitioning of common partial divided property. Moreover, no doctrinal research has been concluded on the limits and conditions of the co-owners‘ right to demand that his share should be partitioned from the common partial ownership in Lithuania. Taking into account that proper implementation of co-ownership rights is based on common agreement of co-owners, when no agreement is reached between co-owners regarding the fact and the mode of partitioning, a question (...) arises on what conditions and to what extent the co-owner is free to implement his right to demand partitioning of his share from the common partial ownership. The research on historical developments of the partition law in different European countries shows that the co-owner’s right to partition is based on the idea of pluralistic conception of the modern property law objects. The authors of this article argue that this conception allows the co-owner to enjoy the right to dispose of his share in the common ownership as a separate object of civil turnover at his own volition and without the other co-owner’s consent. However, the right to partition is not absolute and is limited by the rights of the other co-owner to his share of the same property, so the right to partition may be implemented only following the proportionality and interest balance between the co-owners. (shrink)

On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of public interest. (...) The doctrine of concept of public interest was formed by the resolutions of the Lithuanian Constitutional Court adopted on 16 January and 21 September 2006. That concept was quite confusing and could be interpreted widely as well as narrowly (such as protection of special key values in the Constitution). This paper analyses the manner in which the doctrine of the Constitutional Court has been implemented in the law of civil procedure. In addition, the article analyzes the history of the amendments in the Code of Civil Procedure relating to the protection of public interest. The author presents a situation proposed to the Working Group that prepared the draft amendments to the Code of Civil Procedure, and compares the proposals with the effective version of the Code of Civil Procedure. The same article analyses the way that the effective version of the Code of Civil Procedure forces to the protection of the public interest doctrine of the Constitutional Court. The author concludes that the current system is conducive to abuses when the state can envisage the existence of public interest in every dispute and intervene in its investigation. In addition, the court is transformed into an entity liable to defend public interest, while it should be an independent and impartial entity to administer justice. Let us hope that in judicial practice the concept of public interest will be interpreted very narrowly and the Code of Civil Procedure provides the right to collect evidence or apply interim protection measures and etc. will be seen as a political mistake and generally will not be applied (except when it comes to non dispositive cases). (shrink)

The heritage of civilizations in geopolitics is progressively used to consolidate the vision of a multipolar world and, thereby, to establish its important place in the arena of international affairs. Civilizational heritage and civilizational imagination become increasingly important geopolitical factors which begin to shape the relations between China, Russia, Turkey, the United States and the European Union. In global politics during the last decades, in one way or another, Samuel Huntington’s ideas of the interactions between civilizations and their development externalised (...) with the stress on the increase of civilizational conflicts. These ideas made great impact on political elites of main world powers. The author of this article—drawing attention to the importance of cultural and especially religious factors for civilizational processes and the interactions between civilizations, which were also raised by Huntington—examines the peculiarities of the Russian and Turkish civilizational and geopolitical discourses, and connects to those discourses the current geopolitics pursued by the political elites of these countries. The promotion of the current role of the civilization and its geopolitical legacy highlights the uniqueness of civilizations and creates an effort to strengthen the civilizational imagination and to use the civilizational imperial experience and its cultural heritage in current political events. The Russian discourse is characterised by the historical anti-Western and anti-European attitude of Eurasian Messianic civilizational distinctiveness, while the Turkish rhetoric is characterised by the elevation of the imperial Ottoman Islamic cultural and political heritage. Both the discourses are linked by an imperial mentality, orientation towards a multi-civilizational and multi-polar world as well as the demand to create a new world order in line with such an emerging worldview. The article also discusses some of the ideas prevailing in the European Union that underpin the policy of creating a post-national European cosmopolitan community. However, such discourse lacks a cultural, civilizational as well as religious heritage, which brings people together and can form a long-lasting sense of civilizational community. (shrink)

The article deals with the doctrine of the returning of the powers of the Government upon the election of the President of the Republic formulated in the Constitutional Court ruling of 10 January 1998. Attention is focused on the arguments of the Constitutional Court upon which this doctrine is based–these are the arguments regarding the expression of no-confidence in the Prime Minister and the new empowerment of the Government (after more than a half of the ministers are changed). In the (...) opinion of the author, some of such arguments are subject to discussion. The constitutional regulation regarding the returning of the powers of the Government upon the election of the President of the Republic is inexhaustive and unclear. Although the wording of the provisions of the Constitution regarding the returning of the powers of the Government after the elections of the Seimas and after the elections of the President of the Republic is almost the same, there is one essential difference: the Constitution provides that after the elections of the Seimas the Government must return its powers to the President of the Republic and must resign, whereas the Constitution does not provide that the Government must resign after the elections of the President of the Republic as well. (shrink)

There are some problems in the implementation of rulings of the Constitutional Court. The legislator should make more efforts for implementing the concept of the provisions of the Constitution provided in the reasoning parts of rulings of the Constitutional Court. The Statute of the Seimas should be supplemented with provisions obligating structural sub-units of the Seimas to carry out permanent and systemic analysis of reasoning parts of rulings of the Constitutional Court. It would allow timely to prepare proposals how to (...) amend still unchallenged legal regulation which, however, from the constitutional standpoint is doubtful. One should consider whether the norm of Item 4 of Paragraph 1 of Article 64 of the Law on the Constitutional Court, which allows one to challenge the compliance of a legal act with the Constitution on the grounds of the procedure for adoption regardless of any terms expired after the adoption of a law or other legal act, should be amended. It is to be presumed that the principles of legal certainty and legal security entrenched in the Constitution, as well as other constitutional provisions, imply a certain reasonable period of time within which the subjects provided for in the Constitution may apply to the Constitutional Court with a petition requesting to investigate whether a law or other legal act is not in conflict with the Constitution according to the procedure of their adoption. This period of time should not be a long one, for example, half a year or a year since the official publishing of the law; this term should be a prescriptive one–after it has finished, it would not be allowed to challenge the compliance of a law or other legal act with the Constitution according to the procedure of their adoption. In order to speed up the consideration of cases at the Constitutional Court, one would have to change the procedure of consideration of cases in this Court in essence. (shrink)