On the Academic Understanding of Legal Interpretation in Lithuania

International Journal of Baltic Law, Vol. 2, No. 1, pp. 60-79, January 2005

Lituanus - Lithuanian Quarterly Journal of Arts and Sciences, Vol. 50, No. 1, pp. 17-51, 2004

20 Pages Posted: 3 Mar 2010

See all articles by Tomas Berkmanas

Tomas Berkmanas

Vytautas Magnus University, Faculty of Law

Date Written: 2004

Abstract

Academic understanding of legal interpretation in Lithuania encounters conceptual and doctrinal problems. General conceptual problems are those of differentiation and definition of legal interpretation as a phenomenon. Specific conceptual problems are related to misleading, logically inadequate or at least questionable naming and analysis of some concrete methods of legal interpretation. Doctrinal problems in Lithuania are related to the over-devaluation of the linguistic method of interpretation and, as a consequence, raising and propagating the doctrine of the active court to the detriment of the doctrine of the separation of powers. Democracy, however, requires that the doctrine of separation of powers be prioritized.

Keywords: Legal Interpretation, Methods of Legal Interpetation, Lithuania, the Doctrine of the Active Court

Suggested Citation

Berkmanas, Tomas, On the Academic Understanding of Legal Interpretation in Lithuania (2004). International Journal of Baltic Law, Vol. 2, No. 1, pp. 60-79, January 2005, Lituanus - Lithuanian Quarterly Journal of Arts and Sciences, Vol. 50, No. 1, pp. 17-51, 2004, Available at SSRN: https://ssrn.com/abstract=1481737

Tomas Berkmanas (Contact Author)

Vytautas Magnus University, Faculty of Law ( email )

Jonavos str. 66
Kaunas, LT-44191
Lithuania
370-37-751044 (Phone)

HOME PAGE: http://law.vdu.lt/

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
47
Abstract Views
401
PlumX Metrics