Prof. dr. Stasys Vėlyvis teisės moksle ir teisinėje empirikoje

Abstract

The article analyses certain issues of development of jurisprudence, functioning of legislation and law in social reality in Lithuania through activities of prof. dr. Stasys Vėlyvis, Head of Civil Procedure Department of Faculty of Law, Mykolas Romeris University in jurisprudence and legal empirics. It should be pointed out that prof. dr. Stasys Vėlyvis issued his first scientific publications and began pedagogical activities in 1962 in Vilnius University, Faculty of Law during a fairly complicated Soviet period. The author of the article notices that looking at today‘s environment of legal culture, jurisprudence, as well as other legal phenomena, and comparing it all with the past, it becomes certain that an influence of academic educators of prof. dr. Stasys Vėlyvis generation on development of legal culture is obvious. The influence is perceived by those who had opportunities to realize wisdom determined by direct experiences undergone having lost the state of Lithuania, after contradiction of traditional national values and those cherished by the people, as well as tragic transformations of social life. Talking about Soviet period jurisprudence in Lithuania the author points out that ideologization of various fields of jurisprudence was different. While disciplines of theory of state and law, history, and political theory could not avoid the so-called „class“ explanation of genesis of state and law and Marxist doctrine, such fields as civil law and civil procedure law enjoyed the possibility to follow other legal values as well which stemmed from tradition and culture of Roman-Germanic law. Although private law was not recognized in civil law, however, influence of traditional institutes of civil law was apparent. Teaching of Roman civil law in Vilnius University and studies of Latin language gave students possibility to get to know other kind of law as well, which formed historically in Europe and which was developed in University studies.

The article seeks to show at least in general terms how legal foundation of national economy of the Republic of Lithuania was built after the restoration of Lithuanian statehood in 1990, and to emphasize the efforts of individual persons in developing and strengthening legal definiteness of functioning of the society and the state. The author notes that although there was no thorough experience in this area, however, enthusiasm and understanding of duty to the state was a precondition for drawing up the most necessary legal acts, i. e., the main legal instruments which were the basis for regulatory framework for functioning of Lithuanian economy. The article also highlights problems of civil procedure law, which were at the center of attention of works of prof. dr. Stasys Vėlyvis in recent years.