| Article title |
Vaishvila's conception of Legal Philosophy: The Modern Version of Legal Personalism
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| Authors |
Lytvynov O.
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| Name of magazine |
Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
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| Issue |
1/2012
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Сторінки
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[199-208]
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| Annotation |
As a striking example of philosophical and legal thought on the post Soviet area in the article it is considered the concept of legal personalism of famous Lithuanian lawyer A. Vaishvila. He offers the variant of interpretation and formation of law in modern democratic society on the basis of balance of rights and duties and also proves the necessity of supremacy of subjective law under objective one in legal state as in this case from public personality as conscious being the legal status of this personality will depend on. The last includes the questions of solving the essence of privileges as aggression against society, etc., which methodologically leans on the proposed by Lithuanian philosopher of law model four axioms as rules of civilized communication, which must receive juridical form. |
| Keywords |
personalism, subjective law, objective law, balance of rights and duties, legal state, privilege, model of four axioms, human rights. |
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References
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